Chapter 13.10 SEWER DEPARTMENT

No person except as herein provided shall place, deposit, or permit the placement or deposit of any of the following on public or private property within the city or in an area under the jurisdiction of the city:

A. Untreated human excrement.

B. Animal excrement, garbage or other objectionable material in an unsanitary manner.

C. Sewage or other polluted water which has not received suitable treatment according to the provisions of this chapter. (Ord. 3-1989 § 1)

13.10.020 On-site disposal restricted.

Except as authorized by this chapter, no person shall construct or retain a privy, privy vault, septic tank, cesspool, or other facility intended or used for the disposal of sewage, or human or animal excrement. (Ord. 3-1989 § 2)

13.10.030 Use of public sanitary sewers required.

The owner of a house, building, or other property used for human occupancy, education, employment, recreation or other purpose, which is now or hereafter situated within 150 feet of a public sanitary sewer, shall install and maintain suitable toilet facilities therein and connect the facilities to the public sanitary sewer according to the provisions of this chapter within 60 days following official notice to do so or during construction and before use of the premises, as the case may be, in the event of construction requiring a building permit. The owner shall be responsible for the cost of the connection, including the installation and maintenance of any necessary pumps, pipelines, or equipment. (Ord. 3-1989 § 3)

13.10.040 Notice to connect.

Official notice to connect to the public sewer shall be given by the city by mailing notice to each owner of property not connected to the sewer that abuts a street, alley, or right-of-way in which there is a public sanitary sewer, or to which public sewer service is otherwise available within 150 feet of the concerned property. (Ord. 3-1989 § 4)

13.10.050 Objections to notice.

In the event that the property owner believes making a sewer connection is not possible or feasible the owner of the property may, during the 60-day period set forth in FMC 13.10.030, file written objections with the city council stating the reason the owner believes connection should not be required. The city shall not enforce the provisions of this chapter after the filing of objections until the council has heard the objections and rendered a decision. (Ord. 3-1989 § 5)

13.10.060 Hearing on objections.

An objection shall be heard by the council not less than 10 days nor more than 30 days from and after the date of filing the objection with the city. Not less than seven days prior to the date set by the council for hearing the objection, the city recorder shall give notice to the person objecting to the date set for the hearing. The council shall make a final decision, and no exception shall be granted based on mere inconvenience or expense. For good cause shown, the council may permit a reasonable delay in making connection to the public sanitary sewer without penalty to the owner requesting the delay; provided, however, that no public health hazard shall be permitted to exist or be maintained at anytime. (Ord. 3-1989 § 6)

13.10.070 Sanitary sewer connection charges.

A. Applicants for a sanitary sewer connection permit must pay to the city the required sanitary sewer connection and inspection fee, system development charges and public sanitary sewer charges.

B. If connection to the sanitary sewage system is not made prior to the expiration of the sanitary sewer connection permit, the permit shall become invalid; thereafter, to connect to the sanitary sewerage system the owner must apply for a new sanitary sewer connection permit and pay all sanitary sewer connection charges.

C. When a sanitary sewer connection permit becomes invalid, the city may refund all of the sanitary sewer connection charges. The city manager shall calculate and retain the cost for any city work performed plus an administrative service fee as set by council resolution. (Ord. 8-2021 § 1; Ord. 3-1989 § 7)

13.10.080 Connection permit required.

No unauthorized person shall uncover, make any connections with, or opening into, use, alter, or disturb any public sewer or appurtenance without first obtaining a written permit. Improper or unauthorized connections may be summarily abated by the city and the costs assessed against the property upon which the connection was made. (Ord. 3-1989 § 8)

13.10.090 Connection permits – Fees.

A. Permit applications shall be made on a form furnished by the city and shall be made in writing by the owner of the property for which connection to the sanitary sewerage system is requested. The permit application shall be supplemented by plans, specifications, agreements or other information as the city may require. By such application, the owner and user(s) of the sanitary sewer system at that permitted connection agree to be bound by the terms of this chapter and any additional rules for the use of the sanitary sewer system as they be developed by the city, including joint and several liability for the payment of any and all fee(s), charge(s), expenses, losses, damages and/or fines incurred. The council may establish by resolution a process for collecting outstanding sanitary sewer charges, expenses, losses, damages and/or fines from the responsible parties.

B. A sanitary sewer connection permit is specific to the property for which it is issued and is not transferable to other property.

C. Prior to obtaining a permit, the owner shall first obtain any permits that may be required for street or highway opening and use.

D. A sanitary sewer connection permit is valid for 180 calendar days from the date the permit is issued. Upon written application of the owner of the property benefited by the permit, the city may extend the permit for a period not exceeding an additional 180 calendar days.

E. All fees, including an inspection and connection fee, as set by the city, shall be paid at the time the application is filed. (Ord. 10-2006 § 2; Ord. 3-1989 § 9)

13.10.100 Separate connections.

A separate sewer connection shall be provided for every building or premises unless special written permission is obtained from the city. If more than one building is permitted to be connected on one connection, the property owner shall pay a connection and inspection fee as described in FMC 13.10.090 for each building or premises served. (Ord. 3-1989 § 10)

13.10.110 Sewer connection excavations.

All excavations for sewer connections shall be open trench unless approved by the city public works superintendent, and no backfill shall be placed until the work has been inspected. (Ord. 3-1989 § 11)

13.10.120 Use of existing building sewers.

Old service laterals or building sewers may be used in connection with new buildings only when they are found, upon approved examination and test, to meet all requirements of this chapter. The applicant/customer shall be responsible for the costs of such test(s). (Ord. 3-1989 § 12)

13.10.130 Construction standards.

The size, slope, alignment, materials of construction of a service lateral, and the methods to be used in excavating, placing of the pipe, jointing, testing, and backfilling the trench, shall all conform to the requirements of the state plumbing code and the city’s standards. (Ord. 3-1989 § 13)

13.10.140 Elevation of building sewer.

Whenever possible, the building sewer shall be brought to the building at an elevation below the basement floor. In a building in which a building drain is too low to permit gravity flow to the public sewer, sanitary sewage carried by the building drain shall be lifted by an approved means and discharged to the building sewer. (Ord. 3-1989 § 14)

13.10.150 Connection to the public sewer.

The connection of the building sewer to the public sewer shall conform to the requirements of the state plumbing code. Each connection shall be made gastight and watertight. In no event shall the diameter be less than four inches. (Ord. 3-1989 § 15)

13.10.160 Inspection.

The applicant for the building sewer permit shall notify the city 24 hours in advance of when the building sewer is ready for inspection and connection to the public sewer. No installation shall be covered until approved by the inspectors. (Ord. 3-1989 § 16)

13.10.170 Barricades required.

All excavations within the public right-of-way for building sewer installation shall be adequately guarded with barricades and lights so as to protect the public from hazard. Streets, sidewalks, parkways, and other public property disturbed in the course of the work shall be restored in a manner satisfactory to the city. (Ord. 3-1989 § 17)

13.10.180 System development charges.

A. The addition of new sanitary sewer service connections to the present Fairview sanitary sewer system creates additional demand upon the system and causes a more rapid deterioration making necessary the financing and construction of new and/or improved sanitary sewer lines and facilities, both trunk and lateral, and accelerating the repair and replacement schedules of existing lines and facilities.

B. The costs of these increased new and/or additional or improved facilities, repairs and replacements shall be borne, at least in part, by the applicants for new service connections as follows:

1. A system development charge for each new connection to the city sanitary sewerage system shall be payable prior to issuance of the sanitary sewer connection permit. The amount of such charge shall be established by council resolution.

2. If an alteration, expansion, improvement, conversion, or operation of a building causes an increase in the flow of wastewater, alters the character of the wastewater, or places the building in a new user class, the owner shall pay additional system development charges.

3. When a system development charge has been paid, the amount paid shall be credited against the amount owed for the current system development charge. If the current charge is greater than the credit, the owner shall pay the difference. If the credit is greater than the current charges, no refund shall be made.

4. System development charges shall apply to property and shall not be personal to the person paying the charges. (Ord. 3-1989 § 18)

13.10.190 Public sanitary sewer charges – Fee in lieu of assessment.

A. Except as provided below, if a property benefits from a public sanitary sewer, that property shall be charged a public sanitary sewer charge for its appropriate share of the cost of constructing that public sanitary sewer. In the following situations, the property shall not be charged a public sanitary sewer charge for an existing public sanitary sewer:

1. If a property has been assessed for the existing public sanitary sewer through a local improvement district, that property shall not be charged a public sanitary sewer charge for that public sanitary sewer.

2. If there is evidence of an approved connection to an existing public sanitary sewer, that property shall not be charged a public sanitary sewer charge for that public sanitary sewer.

B. All public sanitary sewer charges must be paid before the city will issue a sanitary sewer connection permit. The council shall establish the amount of the public sanitary sewer charges (fee in lieu of assessment) by resolution. (Ord. 3-1989 § 19)

13.10.200 Private wastewater disposal.

A. No person may construct, maintain, or use a private wastewater disposal system except as provided by this section.

B. Before construction or replacement of a private wastewater disposal system, the owner shall obtain land use approval required by the Department of Environmental Quality.

C. The type, capacity, location and layout of a private wastewater disposal system shall comply with the requirements of the Department of Environmental Quality.

D. If a private wastewater disposal system is abandoned, it shall be abandoned in accordance with the requirements of Department of Environmental Quality.

E. The owner shall operate and maintain the private wastewater disposal system in accordance with the regulations of the Department of Environmental Quality. (Ord. 3-1989 § 20)

13.10.210 Discharge of storm water.

A. No person shall discharge or cause to be discharged any storm water, surface water, groundwater, roof runoff, subsurface drainage, uncontaminated cooling water, or unpolluted industrial process waters to any sanitary sewer.

B. No person shall make connection of roof downspouts, exterior foundation drains, areaway drains, or other sources of surface runoff or groundwater, to a building sewer or building drain which in turn is connected directly or indirectly to a public sanitary sewer. (Ord. 3-1989 § 21)

13.10.220 Prohibited discharge.

No person may discharge or cause to be discharged, directly or indirectly, any of the following substances into the sanitary sewerage system:

A. Gasoline, benzene, naphtha, fuel oil, any liquids, any solids, or any gases which by reason of their nature of quantity are sufficient either alone or by interaction:

1. To cause a fire or explosion; or

2. To injure in any other way the sanitary sewerage system.

B. Solid or viscous substances in quantities or of a size capable of causing obstruction to the flow in a sanitary sewer line or other interference with the operation of the sanitary sewerage system. Such substances include grease, fat, waste, oil, (whether or not emulsified), either soluble or n-hexane soluble matter, any substance which may solidify or become discernibly viscous at temperatures above 32 degrees Fahrenheit, garbage with particles greater than one-half inch in any dimension, animal guts or tissues, pauch manure, bones, hair, hides, or fleshings, entrails, whole blood, feathers, ashes, cinders, sand, spent lime, stone or marble dust, metal, glass, straw, shavings, grass clippings, rags, spent grains, spent hops, waste paper, wood, plastics, gas, tar, asphalt residues, residues from refining or processing of fuel or lubricating oil; mud grinding, glass grinding, or polishing wastes; paper dishes, cups, paper packaging, plastic packaging, glass packaging, and metal packaging where whole or ground.

C. Any wastewater having a pH less than 5.5 or greater than 9.0 or having any other corrosive property capable of causing damage or hazard to structures, equipment, or personnel of the city.

D. Any wastewater containing toxic pollutants in sufficient quantity, either singly or by interaction:

1. To injure or interfere with any wastewater treatment plant process;

2. To constitute a hazard to humans or animals; or

3. To exceed the limitations set forth in the categorical pretreatment standards.

E. Any noxious or malodorous liquids, gases, or solids which either singly or by interaction, are capable of creating a public nuisance or hazard to life, or are sufficient to prevent entry into the public sanitary sewer lines for their maintenance and repair.

F. Any substance which may cause the sanitary sewerage system’s effluent or treatment residues, sludges, or scums to be unsuitable for reclamation and reuse. No substance may be discharged to the sanitary sewerage system that causes the wastewater treatment plant to be in noncompliance with sludge use or disposal criteria, guidelines, or regulations developed under Section 405 of the Act; or any criteria, guidelines, or regulations affecting sludge use or disposal developed pursuant to the Solid Waste Disposal Act, the Clean Air Act, the Toxic Substances Control Act, or state of Oregon standards applicable to the sludge management method being used.

G. Any substance which will cause the wastewater treatment plant to violate its NPDES or other disposal system permits.

H. Any substance with objectionable color not removed in the treatment process, such as dye wastes and vegetable tanning solutions.

I. Any liquid or vapor having a temperature higher than 65 degrees centigrade (150 degrees Fahrenheit) or having a temperature which will inhibit biological activity resulting in interference at the wastewater treatment plant. In no case may there be quantities of liquid or vapor in the wastewater, such that temperature of the wastewater entering the wastewater treatment plant exceeds 40 degrees centigrade (104 degrees Fahrenheit).

J. Any slug which shall mean any pollutant including oxygen demanding pollutant (BOD) released in a single extraordinary discharge episode of such volume or strength as to cause interference to the sanitary sewerage system.

K. Any unpolluted water including noncontact cooling water.

L. Any wastewater containing any radioactive wastes or isotopes of such half-life or concentration which exceeds limits established by the city in compliance with applicable state or federal regulations.

M. Any material from a private wastewater disposal system, except such material received at the wastewater treatment plant.

N. Any wastewater which causes a hazard to human life or creates a public nuisance.

O. Grease, oil and sand interceptors shall be provided when, in the opinion of the city, they are necessary for the handling of such wastes; except that such interceptors shall not be required for private living quarters. All interceptors shall be of a type and capacity approved by the superintendent, and be located so as to be easily cleaned and inspected.

P. Where installed, all grease, oil and sand interceptors shall be maintained by the owner, at the owner’s expense, in continuously efficient operation. (Ord. 3-1989 § 22)

13.10.230 Protection from damage.

No unauthorized person shall maliciously, willfully, or negligently break, damage, destroy, cover or uncover, deface, or tamper with any structure, appurtenance, or equipment that is a part of the municipal sewage system. (Ord. 3-1989 § 23)

13.10.240 Sewer renovation.

A. Any building sanitary sewer connected to the sewer system, whether within the city’s right-of-way or within the bounds of the sewer user’s property, which is determined by the city to be causing infiltration of surface, storm or groundwater into the sewer system, shall be repaired within 60 days after the date of official notice to the concerned legal property owner to do so. All costs for the repair shall be borne by the said owner.

B. When repairs are made within the city right-of-way, such repairs shall be under city specifications.

C. Before being covered, each repair must be inspected and approved in writing by the city’s building official. (Ord. 3-1989 § 24)

13.10.250 Metered water consumption.

A. The volume of flow used for computing commercial and industrial wastewater charges shall be the metered water consumption at the premises served as shown in the records of meter readings maintained by the city. Adjustments to the charges based upon metered water consumption may be made by the city recorder upon evidence by the user that a portion of the water is not discharged into the sanitary sewerage system.

B. If the discharge of waste into the sanitary sewerage system obtains any part, or all, of the water from sources other than the city, all or part of which is discharged into the sanitary sewerage system, the discharger shall install, maintain and pay for water meters of a type approved by the city for purposes of determining the volume of water obtained from these other sources.

C. The owner, after approval by the city, may install a device for measuring the volume of wastewater discharged instead of using a water meter. The owner shall own, install and operate the device.

D. All storm sewers, including building storm sewers, which are on private property and connect directly to the building sanitary sewer shall be disconnected and properly capped or connected to the appropriate system within 30 days after the date of official notice to the legal property owner to do so.

E. If the repair corrections required by this section are not made, the city may enter the property and make them, and cause the expenses to become a lien upon the property, which shall become due and payable upon entry in the lien docket. The city shall attempt to serve, by certified or registered mail, a written notice upon the owner of the property at the time the lien is entered on the city lien docket, which notice shall state the amount of the lien and give the property owner notice that the lien will be deemed delinquent if not paid within 60 days after the date the lien was entered on the city lien docket. If the owner fails to pay the lien within 60 days after entry of the lien on the lien docket, the city may enforce or foreclose the lien or lien account in the manner provided by law.

F. It is the owner’s responsibility to maintain, replace or repair service connection lines from the point of connection to the main collection line. (Ord. 3-1989 § 25)

13.10.260 Inspection and testing.

The city public works superintendent and other duly authorized city employees or representatives bearing proper credentials and identification shall have the right and be permitted to enter upon all properties and premises receiving sanitary sewer service at reasonable hours, for the purpose of inspection, observation, measurement, sampling, and testing pertinent to the provisions of this chapter. (Ord. 3-1989 § 26)

13.10.270 Service charges.

A. Service charges for use of the city sewage system shall be established by council resolution following public hearing thereupon.

B. The customer and the owner of the property served shall each be responsible for payment of the service charges provided for by this section. A penalty fee equal to the percentage set by council shall be added each month on all charges that are delinquent to help defray the city’s cost for administering the delinquency. Penalty fees will only be assessed on accounts with total balances of $10.01 or more on the date of penalty assessment. (Ord. 8-2014 § 1 (Exh. A); Ord. 3-1989 § 27)

13.10.280 Billing and payments.

A. Payment of Bills. Sewer service charges shall be billed monthly or every two months as determined by the city, and are due on the fifteenth of the month. If the bill is not paid by its due date, the account shall be considered past due unless other arrangements have been made with the city recorder, in writing, that specify another due date. Any charge not paid by the due date designated on the bill is delinquent. Delinquent accounts may be collected, water and sewer service discontinued, property liens filed as appropriate and late penalties imposed in the manner set forth in the city’s sewer and/or water regulation ordinances.

B. Recovery of Delinquent Charges for Sewer Accounts Only. The city may certify to the Multnomah County tax assessor the amount of any delinquent user and billing service charges. When the certification is complete, such amount, including interest, will be assessed against the premises served with sewer service in the same manner as other taxes are certified, assessed, collected and paid. The city may also at any time enter in the lien docket of the city a lien against the real property.

C. Notice to Customers of Placement of Lien. Except in an emergency, the city shall provide written notice to the customer, either mailed or delivered to the customer’s last known address, of the city’s intention to lien the property. In emergencies, the city may notify by telephone or messenger. The customer shall be notified of and have the opportunity to be heard by a city official or employee empowered to resolve any valid objections prior to city placement of property lien. (Ord. 8-2011 § 1 (Exh. A); Ord. 8-1992 § 1; Ord. 3-1989 § 28)

13.10.290 User’s agreement.

All applicants and users of the Fairview sanitary sewer system shall by such application and use agree to be bound by the rules and regulations governing connection to and use of the sanitary sewer system without any reservation or qualification. (Ord. 3-1989 § 29)

13.10.300 Disposition of payments.

Payments made on sewer service charges shall be credited and paid to the city of Fairview sewer fund. (Ord. 3-1989 § 30)

13.10.310 Liability.

A person violating a provision of this chapter shall become liable to the city for any expense, loss, or damage occasioned the city by reason of such violation. (Ord. 3-1989 § 31)

13.10.320 Penalty.

Violation of any provision of this chapter is punishable by a fine not to exceed $500.00. Each day that a violation continues shall be considered a separate offense. (Ord. 3-1989 § 32)