Chapter 13.10 SEWER SERVICES

“B.O.D.” (biochemical oxygen demand) shall mean the quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory procedure in five days at 20 degrees Celsius, expressed in parts per million by weight. [Ord. 33 § 115, 1950.]

13.10.030 Building drain.

“Building drain” shall mean that part of the lowest horizontal piping of drainage system which receives the discharge from soil, waste, and other drainage pipes inside the walls of the building and conveys it to the building sewer, beginning five feet outside the inner face of the building wall. [Ord. 33 § 113, 1950.]

13.10.040 Building sewer.

“Building sewer” shall mean the extension from the building drain to the public sewer or other place of disposal. [Ord. 33 § 114, 1950.]

13.10.050 City.

“City” shall mean the city of Garibaldi, Oregon. [Ord. 33 § 122, 1950.]

13.10.060 Combined sewer.

“Combined sewer” shall mean a sewer receiving both surface runoff and sewage. [Ord. 33 § 106, 1950.]

13.10.070 Garbage.

“Garbage” shall mean solid wastes from the preparation, cooking, and dispensing of food, and from the handling, storage, and sale of produce. [Ord. 33 § 111, 1950.]

13.10.080 Industrial wastes.

“Industrial wastes” shall mean the liquid wastes from industrial processes as distinct from sanitary sewage. [Ord. 33 § 110, 1950.]

13.10.090 Natural outlet.

“Natural outlet” shall mean any outlet into a watercourse, pond, ditch, lake or other body of surface or ground water. [Ord. 33 § 118, 1950.]

13.10.100 Person.

“Person” shall mean any individual, firm, company, association, society, corporation, or group. [Ord. 33 § 120, 1950.]

13.10.110 pH.

“pH” shall mean the logarithm of the reciprocal of the weight of hydrogen ions in grams per liter of solution. [Ord. 33 § 116, 1950.]

13.10.120 Properly shredded garbage.

“Properly shredded garbage” shall mean the wastes from the preparation, cooking, and dispensing of food that have been shredded to such degree that all particles will be carried freely under the flow conditions normally prevailing in public sewers with no particle greater than one-half inch in any dimension. [Ord. 33 § 112, 1950.]

13.10.130 Public sewer.

“Public sewer” shall mean a sewer in which all owners of abutting properties have equal rights, and is controlled by public authority. [Ord. 33 § 105, 1950.]

13.10.140 Sanitary sewer.

“Sanitary sewer” shall mean a sewer which carries sewage and to which storm, surface, and ground waters are not intentionally admitted. [Ord. 33 § 107, 1950.]

13.10.150 Sewage.

“Sewage” shall mean a combination of the water-carried wastes from residences, business buildings, institutions, and industrial establishments, together with such ground, surface, and storm waters as may be present. [Ord. 33 § 103, 1950.]

13.10.160 Sewage treatment plant.

“Sewage treatment plant” shall mean any arrangement of devices and structures used for treating sewage. [Ord. 33 § 109, 1950.]

13.10.170 Sewage works.

“Sewage works” shall mean all facilities for collecting, pumping, treating, and disposing of sewage. [Ord. 33 § 101, 1950.]

13.10.180 Sewer.

“Sewer” shall mean a pipe or conduit for carrying sewage. [Ord. 33 § 104, 1950.]

13.10.190 Shall – May.

“Shall” is mandatory; “may” is permissive. [Ord. 33 § 121, 1950.]

13.10.200 Storm sewer or storm drain.

“Storm sewer” or “storm drain” shall mean a sewer which carries storm and surface waters and drainage, but excludes sewage and polluted industrial wastes. [Ord. 33 § 108, 1950.]

13.10.210 Superintendent.

“Superintendent” shall mean the superintendent of sewage works of the city of Garibaldi, or his authorized deputy, agent, or representative. [Ord. 33 § 102, 1950.]

13.10.220 Suspended solids.

“Suspended solids” shall mean solids that either float on the surface of, or are in suspension in water, sewage, or other liquids; and which are removable by laboratory filtering. [Ord. 33 § 117, 1950.]

13.10.230 Watercourse.

“Watercourse” shall mean a channel in which a flow of water occurs, either customarily or intermittently. [Ord. 33 § 119, 1950.]

Article II. Use of Public Sewers Required

13.10.240 Prohibited deposits.

It shall be unlawful for any person to place, deposit, or permit to be deposited in an unsanitary manner upon public or private property within the city of Garibaldi, or in any area under the jurisdiction of said city, any human or animal excrement, garbage, or other objectionable waste. [Ord. 33 § 201, 1950.]

13.10.250 Prohibited discharges.

It shall be unlawful to discharge to any natural outlet within the city of Garibaldi any sanitary sewage, industrial wastes, or other polluted waters, except where suitable treatment has been provided in accordance with subsequent provisions of this chapter. [Ord. 33 § 202, 1950.]

13.10.260 Privies, septic tanks and cesspools.

Except as hereinafter provided, it shall be unlawful to construct or maintain any privy, privy vault, septic tank, cesspool, or other facility intended or used for the disposal of sewage. [Ord. 33 § 203, 1950.]

13.10.270 Facilities required.

The owner of all houses, buildings or properties used for human occupancy, employment, recreation, or other purpose, situated within the city and abutting on any street, alley or right-of-way in which there is now located or may in the future be located a public sanitary or combined sewer of the city, is hereby required at his expense to install suitable toilet facilities therein, and to connect such facilities directly with the proper public sewer in accordance with the provisions of this chapter, within 30 days after date of official notice to do so; provided, that said public sewer is to the property line. [Ord. 33 § 204, 1950.]

Article III. Private Sewage Disposal

13.10.280 Connection required.

Where a public sanitary or combined sewer is not available under the provisions of GMC 13.10.270, the building owner shall be connected to a private sewage disposal system complying with the provisions of this article. [Ord. 33 § 301, 1950.]

13.10.290 Permit – Required.

Before commencement of construction of a private sewage disposal system, the owner shall first obtain a written permit signed by the city recorder. The application for such permit shall be made on a form furnished by the city, which the applicant shall supplement by any plans, specifications and other information as are deemed necessary by the superintendent. A permit and inspection fee of $1.00 shall be paid to the city recorder at the time the application is filed. [Ord. 33 § 302, 1950.]

13.10.300 Permit – Effective when – Inspection.

A permit for a private sewage disposal system shall not become effective until the installation is completed to the satisfaction of the superintendent. He shall be allowed to inspect the work at any stage of the construction and in any event, the applicant for the permit shall notify the superintendent when the work is ready for final inspection, and before any underground portions are covered. The inspection shall be made within 48 hours of the receipt of notice by the superintendent. [Ord. 33 § 303, 1950.]

13.10.310 Compliance.

The type, capacities, location, and layout of a private sewage disposal system shall comply with all recommendations of the Department of Public Health of the State of Oregon. No permit shall be issued for any private sewage disposal system employing subsurface soil absorption facilities where the area of the lot is less than 5,000 square feet. No septic tank or cesspool shall be permitted to discharge to any public sewer or natural outlet. [Ord. 33 § 304, 1950.]

13.10.320 Connection to public sewer.

At such time as public sewer becomes available to a property served by a private sewage disposal system, as provided in GMC 13.10.270, a direct connection shall be made to the public sewer in compliance with this chapter, and any septic tanks, cesspools, and similar private sewage disposal facilities shall be abandoned and filled with suitable material. [Ord. 33 § 305, 1950.]

13.10.330 Operation and maintenance of facilities.

The owner shall operate and maintain the private sewage disposal facilities in a sanitary manner at all times, at no expense to the city. [Ord. 33 § 306, 1950.]

13.10.340 Construction of provisions.

No statement contained in this article shall be construed to interfere with any additional requirements that may be imposed by the health officer. [Ord. 33 § 307, 1950.]

Article IV. Building Sewers and Connections

13.10.350 Permit – Required.

No unauthorized person shall uncover, make any connections with or opening into, use, alter, or disturb any public sewer or appurtenance thereof without first obtaining a written permit from the city recorder. [Ord. 33 § 401, 1950.]

13.10.360 Sewer classes.

There shall be two classes of building sewer permits:

A. For residential and commercial service; and

B. For service to establishments producing industrial wastes.

In either case, the owner or his agent shall make application on a special form furnished by the city. The permit application shall be supplemented by any plans, specifications, or other information considered pertinent in the judgment of the superintendent. A permit and inspection fee of $15.00 for a residential or commercial building sewer permit and $15.00 for an industrial building sewer permit shall be paid to the city treasurer at the time the application is filed. [Ord. 33 § 402, 1950.]

13.10.370 Costs and expenses.

All costs and expenses incident to the installation and connection of the building sewer shall be borne by the owner. The owner shall indemnify the city from any loss or damage that may directly or indirectly be occasioned by the installation of the building sewer. [Ord. 33 § 403, 1950.]

13.10.380 Separate sewer for each building.

A separate and independent building sewer shall be provided for every building, except where one building stands at the rear of another on an interior lot and no private sewer is available or can be constructed to the rear building through an adjoining alley, court, yard, or driveway, the building sewer from the front building may be extended to the rear building and the whole considered as one building sewer. [Ord. 33 § 404, 1950.]

13.10.390 Use of old sewers.

Old building sewers may be used in connection with new buildings only when they are found, on examination and test by the superintendent, to meet all requirements of this chapter. [Ord. 33 § 405, 1950.]

13.10.400 Specifications.

A building’s sanitary sewer service shall be of a type and material that meets the city’s public engineering standards. The city administrator and the public works superintendent are authorized to provide direction on and clarify the use of the city’s standards based on sound engineering practice. [Ord. 312 § 2(C), 2009; Ord. 33 § 406, 1950.]

13.10.410 Size and slope.

The size and slope of the building sewer shall be subject to the approval of the superintendent, but in no event shall the diameter be less than four inches. The slope of each four-inch pipe shall be not less than one-fourth inch per foot. [Ord. 33 § 407, 1950.]

13.10.420 Installation.

Whenever possible the building sewer shall be brought to the building at an elevation below the basement floor. No building sewer shall be laid parallel to or within three feet of any bearing wall, which might thereby be weakened. The depth shall be sufficient to afford protection from frost. The building sewer shall be laid at uniform grade and in straight alignment insofar as possible. Changes in direction shall be made only with properly curved pipe and fittings. [Ord. 33 § 408, 1950.]

13.10.430 Building drains.

In all buildings in which any building drain is too low to permit gravity flow to the public sewer, sanitary sewage carried by such drain shall be lifted by approved artificial means and discharged to the building sewer. [Ord. 33 § 409, 1950.]

13.10.440 Excavations.

All excavations required for the installation of a building sewer shall be open trench work unless otherwise approved by the superintendent. Pipe laying and backfill shall be performed in accordance with ASTM specification except that no backfill shall be placed until the work has been inspected. [Ord. 33 § 410, 1950.]

13.10.450 Joints.

All joints and connections shall be in accordance with the city’s public engineering standards. The city administrator and the public works superintendent are authorized to provide direction on and clarify the use of the city’s standards based on sound engineering practice. [Ord. 312 § 2(C), 2009; Ord. 33 § 411, 1950.]

13.10.460 Connection – Specifications.

The connection of a building’s sanitary sewer shall be in accordance with the city’s public engineering standards. The city administrator and the public works superintendent are authorized to provide direction on and clarify the use of the city’s standards based on sound engineering practice. [Ord. 312 § 2(C), 2009; Ord. 33 § 412, 1950.]

13.10.470 Connection – Notification – Inspection.

The applicant for the building sewer permit shall notify the superintendent when the building sewer is ready for inspection and connection to the public sewer. The connection shall be made under the supervision of the superintendent or his representative. [Ord. 33 § 413, 1950.]

13.10.480 Barricades and lights.

All excavations 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. 33 § 414, 1950.]

Article V. Use of Public Sewers

13.10.490 Discharges to sanitary sewers.

No person shall discharge or cause to be discharged any storm water, surface water, ground water, roof runoff, subsurface drainage, cooling water or unpolluted industrial process waters to any sanitary sewer. [Ord. 33 § 501, 1950.]

13.10.500 Combined sewers – Storm sewers.

Storm water and all other unpolluted drainage shall be discharged to such sewers as are specifically designated as combined sewers or storm sewers, or to a natural outlet approved by the superintendent. Industrial cooling water or unpolluted process waters may be discharged, upon approval of the superintendent, to a storm sewer, combined sewer or natural outlet. [Ord. 33 § 502, 1950.]

13.10.510 Prohibited discharges.

Except as hereinafter provided, no person shall discharge or cause to be discharged any of the following described waters or wastes to any public sewer:

A. Any liquid or vapor having a temperature higher than 150 degrees Fahrenheit.

B. Any water or waste which may contain more than 100 parts per million, by weight, of fat, oil, or grease.

C. Any gasoline, benzene, naphtha, fuel oil, or other flammable or explosive liquid, solid or gas.

D. Any garbage that has not been properly shredded.

E. Any ashes, cinders, sand, mud, straw, shavings, metal, glass, rags, feathers, tar, plastics, wood, paunch manure, or any other solid or viscous substance capable of causing obstruction to the flow in sewers or other interference with the proper operation of the sewage works.

F. Any waters or wastes having a pH lower than 5.5 or higher than 9.0 or having any other corrosive property capable of causing damage or hazard to structures, equipment, and personnel of the sewage works.

G. Any waters or wastes containing a toxic or poisonous substance in sufficient quantity to injure or interfere with any sewage treatment process, constitute a hazard to humans or animals, or create any hazard in the receiving waters of the sewage treatment plant.

H. Any waters or wastes containing suspended solids of such character and quantity that unusual attention or expense is required to handle such materials at the sewage treatment plant.

I. Any noxious or malodorous gas or substance capable of creating a public nuisance. [Ord. 33 § 503, 1950.]

13.10.520 Grease, oil and sand interceptors – Required when.

Grease, oil, and sand interceptors shall be provided when, in the opinion of the superintendent, they are necessary for the proper handling of liquid wastes containing grease in excessive amounts, or any flammable wastes, sand, and other harmful ingredients; except that such interceptors shall not be required for private living quarters or dwelling units. All interceptors shall be of a type and capacity approved by the superintendent, and shall be located as to be readily and easily accessible for cleaning and inspection.

Grease and oil interceptors shall be constructed of impervious materials capable of withstanding abrupt and extreme changes in temperature. They shall be of substantial construction, watertight, and equipped with easily removable covers which when bolted in place shall be gastight and watertight. [Ord. 33 § 504, 1950.]

13.10.530 Grease, oil and sand interceptors – Maintenance.

Where installed, all grease, oil and sand interceptors shall be maintained by the owner, at his expense, in continuously efficient operation at all times. [Ord. 33 § 505, 1950.]

13.10.540 Review and approval of wastes.

The admission into the public sewers of any waters or wastes having: (a) a five-day biochemical oxygen demand greater than 300 parts per million by weight; or (b) containing more than 350 parts per million by weight of suspended solids; or (c) containing any quantity of substances having the characteristics described in GMC 13.10.510; or (d) having an average daily flow greater than two percent of the average daily sewage flow of the city; shall be subject to the review and approval of the superintendent. Where necessary in the opinion of the superintendent, the owner shall provide, at his expense, such preliminary treatment as may be necessary to: (a) reduce the biochemical oxygen demand to 300 parts per million and the suspended solids to 350 parts per million by weight; or (b) reduce objectionable characteristics or constituents to within the maximum limits provided for in GMC 13.10.510; or (c) control the quantities and rates of discharge of such waters or wastes. Plans, specifications, and any other pertinent information relating to proposed preliminary treatment facilities shall be submitted for the approval of the superintendent and of the State Sanitary Authority of the state of Oregon, and no construction of such facilities shall be commenced until said approvals are obtained in writing. [Ord. 33 § 506, 1950.]

13.10.550 Preliminary treatment facilities.

Where preliminary treatment facilities are provided for any waters or wastes, they shall be maintained continuously in satisfactory and effective operation, by the owner at his expense. [Ord. 33 § 507, 1950.]

13.10.560 Observation, sampling and measurement of wastes.

When required by the superintendent, the owner of any property served by a building sewer carrying industrial wastes shall install a suitable control manhole in the building sewer to facilitate observation, sampling and measurement of the wastes. Such manhole, when required, shall be accessibly and safely located, and shall be constructed in accordance with plans approved by the superintendent. The manhole shall be installed by the owner at his expense, and shall be maintained by him so as to be safe and accessible at all times. [Ord. 33 § 508, 1950.]

13.10.570 Determination of wastes.

All measurements, tests, and analyses of the characteristics of waters and wastes to which reference is made in GMC 13.10.510 and 13.10.540 shall be determined in accordance with “Standard Methods for the Examination of Water and Sewage,” and shall be determined at the control manhole provided for in GMC 13.10.560, or upon suitable samples taken at said control manhole. In the event that no special manhole has been required, the control manhole shall be considered to be the nearest downstream manhole in the public sewer to the point at which the building sewer is connected. [Ord. 33 § 509, 1950.]

13.10.580 Construction of provisions.

No statement contained in this article shall be construed as preventing any special agreement or arrangement between the city and any industrial concern whereby an industrial waste of unusual strength or character may be accepted by the city for treatment, subject to payment therefor by the industrial concern. [Ord. 33 § 510, 1950.]

Article VI. Protection from Damage

13.10.590 Damage, destruction of sewage works.

No unauthorized person shall maliciously, willfully, or negligently break, damage, destroy, uncover, deface or tamper with any structure, appurtenance, or equipment which is a part of the municipal sewage works. Any person violating this provision shall be subject to immediate arrest under charge of disorderly conduct. [Ord. 33 § 601, 1950.]

Article VII. Powers and Authority of Inspectors

13.10.600 Right of entry.

The superintendent and other duly authorized employees of the city bearing proper credentials and identification shall be permitted to enter upon all properties for the purposes of inspection, observation, measurement, sampling, and testing, in accordance with the provisions of this chapter. [Ord. 33 § 701, 1950.]

Article VIII. Rates for Use of the Public Sewer System

13.10.610 Residential equivalent unit (REU).

Each residential equivalent unit (REU) will pay the equivalent of one monthly sewer bill. For the purposes of this chapter, a duplex shall be billed as having two REUs, and a manufactured dwelling court shall be billed as having the same number of REUs as the number of homes. The residential billing will be a flat rate equivalent to the base rate as defined in GMC 13.10.620. [Ord. 243 § 1, 2000; Ord. 33 § 801, 1950.]

13.10.620 Nonresidential customers.

Each nonresidential customer will pay a minimum (base) rate associated with each 4,000 gallons of monthly metered water usage, plus an overage rate, equivalent to the same cost per gallon in the base rate, for water usage over 4,000 gallons. A nonresidential customer using less than 4,000 gallons of water will be charged the base rate. The 4,000 gallon figure is based upon average water usage per residential dwelling unit. [Ord. 243 § 1, 2000; Ord. 33 § 802, 1950.]

13.10.630 Residences with a home occupation.

Residences with a home occupation as defined by the Garibaldi zoning ordinance (GMC Title 18), as amended, shall be charged only the residential rate. [Ord. 243 § 1, 2000; Ord. 33 § 803, 1950.]

13.10.640 Combined residential-commercial customers.

Combined residential-commercial customers, whose businesses do not meet the definition of home occupation as defined by the Garibaldi zoning ordinance (GMC Title 18), as amended, will be charged both the commercial rate based on metered water usage, and the minimum residential rate for each dwelling unit; provided, that such a customer may, at the customer’s option, elect to have separate water meters for the commercial and residential segments of the operation; provided further, that the customer shall pay all costs of installing the separate meter, including but not limited to labor, equipment and materials, but not including a systems development charge as defined by Chapter 13.25 GMC. [Ord. 243 § 1, 2000; Ord. 33 § 804, 1950.]

13.10.650 Billing.

Every premises with a sewer connection, including government offices, shall be billed for sewer service every month, whether or not the premises is occupied. [Ord. 243 § 1, 2000; Ord. 33 § 805, 1950.]

13.10.660 Intent of rates.

The intent of sewer rates and rate structures is to generate sufficient revenues to meet expenses, including but not limited to operations and maintenance costs, debt service, and reserves for replacement of plant and equipment over time. Consistent with that intent, the council shall by resolution implement rates for sewer service. The city administrator shall annually review rates for sewer service, and recommend adjustments if and as necessary to generate sufficient revenues to meet expenses, pursuant to this chapter. Adjustments to rates for sewer service shall, to the extent possible, be based on the most recent sewer rate study adopted by the city council. [Ord. 243 § 1, 2000; Ord. 33 § 807, 1950.]

13.10.670 Administration – Operation.

It is the intent of the city to administer the sewer system and water system, to the maximum extent practicable, as a combined utility system, operating, to the maximum extent practicable, under the same rules and regulations. Accordingly, the city will require a deposit for sewer service calculated in the same fashion as the deposit for water service; will require that water and sewer service at the same premises be billed to the same, rather than separate, customers; will consider unpaid sewer bills delinquent at the same time and pursuant to the same regulations as unpaid water bills; will assess interest, late charges, and collection charges on unpaid sewer bills at the same rates as on unpaid water bills; may terminate city water service to a customer’s premises for failure to pay the sewer charges; and may refuse to reconnect water service until all outstanding charges for sewer service, as well as water, have been paid. [Ord. 243 § 1, 2000; Ord. 33 § 808, 1950.]

Article IX. Penalties

13.10.680 Violation – Penalties.

Any person found to be violating any provision of this chapter except GMC 13.10.590 shall be served by the city with written notice stating the nature of the violation and providing a reasonable time limit for the satisfactory correction thereof. The offender shall, within the period of time stated in such notice, permanently cease all violations. [Ord. 243 § 1, 2000;Ord. 33 § 901, 1950.]

13.10.690 Liability.

Any person violating any of the provisions of this chapter shall become liable to the city for any expense, loss, or damage occasioned the city by reason of such violation. [Ord. 243 § 1, 2000;Ord. 33 § 903, 1950.]