Chapter 13.05 SEWER SYSTEM

“BOD” (denoting 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 centigrade expressed in milligrams per liter by weight.

“Building drain” shall mean that part of the lowest horizontal piping of a 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 sewers, beginning five feet (one and one-half meters) outside the inner face of the building walls.

“Building sewer” shall mean the extension from the building drain to the property line or right-of-way line and connection to the public sewer or other point of disposal.

“City” means the City of Harrisburg, a municipal corporation of the State of Oregon.

“Collection system” means the system of public sewers to be operated by the City designed for the collection of sanitary sewerage.

“Combined sewer” shall mean a sewer receiving both surface runoff and sewage.

“Customer” means a person, corporation, association or agency receiving water or sewer service from the utility.

“Date of billing” means the date indicated on the utility bill, usually the day the utility bill is mailed or final bill date.

“Day,” for the purpose of this chapter, means calendar days and not work days.

“Domestic waste” means any wastewater emanating from dwellings.

“Engineer” shall mean the City Engineer of the City or their authorized deputy, agent, or representative.

“Equivalent user unit (EUU)” means a volume of wastewater which incurs the same costs for operations, maintenance, and replacement as the average volume of domestic waste discharged from an average unit in the treatment works service area. For purposes of making this determination, the City shall utilize the metered water use records of the City of Harrisburg. A single EUU is equivalent to 748 gallons.

“Finance Officer” means the Finance Officer of the City of Harrisburg or their supervisor.

“Garbage” shall mean solid wastes from the domestic and commercial preparation, cooking and dispensing of food, and from the handling, storage and sale of produce.

“Industrial wastes” shall mean the liquid wastes from any nongovernmental user of publicly owned treatment works identified in the Standard Industrial Classification Manual, 1987 Edition, Office of Management and Budget, as amended and supplemented under the following divisions:

a. Division A – Agriculture, forestry, and fishing;

b. Division B – Mining;

c. Division D – Manufacturing;

d. Division E – Transportation, communications, electric, gas, and sanitary services;

e. Division I – Services.

A user in the divisions listed may be excluded if it is determined that it will introduce primarily segregated domestic wastes or wastes from sanitary conveniences.

“Main extensions” means extensions of collection pipelines, exclusive of service connections, beyond existing facilities.

“Mains” means collection pipelines located in streets, highways, public ways or private rights-of-way which are used to serve the general public.

“Natural outlet” shall mean any outlet into a watercourse, pond, ditch, lake, or other body of surface or ground water.

“New construction” shall mean a new structure constructed for the purpose of human occupancy, employment, recreation, etc., including placement of a manufactured home, or other similar dwellings.

“Operation and maintenance” means activities required to ensure the dependable and economical function of collection and treatment works.

a. “Maintenance” means preservation of functional integrity and efficiency of equipment and structures. This includes preventive maintenance, corrective maintenance, and replacement of equipment.

b. “Operation” means control of the unit processes and equipment that make up the collection and treatment works. This includes keeping financial and personal management records, laboratory control, process control, safety and emergency operation planning, employment of attorneys and consultants, payment of court costs and payment of any costs or fees reasonably associated with any of the above.

“Person” shall mean any individual, firm, company, association, society, corporation, or group.

“pH” shall mean the logarithm of the reciprocal of the weight of hydrogen ions in grams per liter of solution.

“Premises” means the integral property or area, including improvements thereon, to which sanitary sewer service is or will be provided.

“Private sanitary sewer system” shall mean any privy, privy vault, septic tank, cesspool, or other facility intended or used for the disposal of sewage on private property.

“Properly shredded garbage” shall mean the wastes from the preparation, cooking, and dispensing of food that has been shredded to such a degree that all particles will be carried freely under the flow and conditions normally prevailing in public sewers, with no particle greater than one-half inch (1.27 centimeters) in any dimension.

“Public sewer” shall mean a sewer in which all owners of abutting properties have equal rights and which is controlled by public authority.

“Public treatment works” means a treatment works owned and operated by a public authority.

“Public Works Director” shall mean the Public Works Director of the City of Harrisburg or their authorized deputy, agent, or representative.

“Rate schedules” means the entire body of effective rates, rentals, charges and regulations as set forth in the resolution establishing fees and rates.

“Replacement” means obtaining and installing equipment accessories or appurtenances that are necessary during the design or useful life, whichever is longer, of the collection and treatment works to maintain the capacity and performance for which such works were designed and constructed.

“Sanitary sewer” shall mean a sewer which carries sewage and to which storm, surface, and ground waters are not intentionally admitted.

“Service area” means the area in which the sanitary sewer service may be furnished at the utility’s option, and includes all that territory within the corporate limits of the City of Harrisburg and certain areas adjacent or in reasonable proximity thereto.

“Service connection” shall mean a public sewer which has been constructed to the property line or right-of-way line from a public sewer lateral or main for the sole purpose of providing a connection for the building sewer.

“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.

“Sewage treatment plant” shall mean any arrangement of devices and structures used for treating sewage.

“Sewage works” shall mean City-owned facilities for collecting, pumping, treating and disposing of sewage.

“Sewer” shall mean a pipe or conduit for carrying sewage.

“Shall” is mandatory; “may” is permissive.

“Slug” shall mean any discharge of water, sewage, or industrial waste which in concentration of any given constituent or in quantity of flow exceeds for any period of duration longer than 15 minutes more than five times the average 24-hour concentration of flows during normal operation.

“Storm drain” (sometimes termed “storm sewer”) shall mean a sewer which carries storm and surface waters and drainage, but excludes sewage and industrial wastes, other than unpolluted cooling water.

“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.

“Treatment works” means all facilities for collecting, pumping, treating, and disposal of sewage. “Treatment system” and “sewerage system” shall be equivalent terms for “treatment works.”

“User” means every person using any part of the public treatment works of the City of Harrisburg.

“User charge” means charges levied on all users of the City of Harrisburg sanitary sewer system.

“Utility” means the City of Harrisburg, a municipal corporation of the State of Oregon (Sanitary Sewer Department).

“Watercourse” shall mean a channel in which a flow of water occurs, either continuously or intermittently.

“Wintertime average” is the average number of EUUs for the months of November, December, January, February, March and April. Residential customers, May through October, will be billed monthly based upon the lesser of their wintertime average or actual water used. [Ord. 997 § 1 (Exh. A), 2023; Ord. 935 § 1, 2015; Ord. 906 § 1, 2012; Ord. 716 § 1, 1996; Ord. 601 Art. I, 1991.]

Article II. Use of Public Sewers

13.05.015 Description of service and design requirements.

1. Supply. The utility will exercise reasonable diligence and care to provide sanitary sewer service to the customer.

2. Classes of Service. All services installed by the utility will be classified as follows:

a. Residential within City limits.

b. Commercial/industrial within City limits.

c. Contract service.

d. Residential outside City limits.

e. Commercial/industrial outside City limits.

f. Government (schools).

3. It shall be the policy of the City of Harrisburg that all sewer flows into the collection system be metered. All flows shall be metered by an approved metering device on the properties water source or on the building sewer at the property line, at the property owner’s expense.

4. All sewer system infrastructures shall be adequate structural strength constructed and designed to minimize inflow and infiltration into the sewage works.

5. All conveyance system components will be designed in accordance with the rules and regulations of the Oregon Department of Environmental Quality and will adhere to OAR Chapter 340, Division 52.

6. A 10-foot horizontal separation between any sanitary sewer and an adjacent water line shall be provided at all times. This applies regardless of whether the sewer is below or above the adjacent waterline. Parallel water and sewer lines in the same trench will not be allowed. Wherever a water line and sanitary sewer must cross, the crossing angle shall be approximately 90 degrees with the sewer line being a minimum of 12 inches below the waterline.

7. Connections to sanitary sewer pipes shall be made with approved mechanical taps. Tee installations shall utilize solid sleeve gasketed couplers compatible with the size and type of pipe being joined. Core drilled holes shall be used for mechanical taps in all types of sanitary sewer pipe. Connections made to sanitary sewer pipe shall be water tight. [Ord. 997 § 1 (Exh. A), 2023.]

13.05.020 Unsanitary waste disposal.

It shall be unlawful for any person to place, deposit, or permit to be deposited in any unsanitary manner upon public or private property within the City, or in any area under the jurisdiction of said City, any human or animal excrement, garbage, or other objectionable waste. [Ord. 997 § 1 (Exh. A), 2023; Ord. 601 Art. II § 1, 1991.]

13.05.030 Discharge of polluted water or sewage.

It shall be unlawful to discharge to any natural outlet within the City, or in any area under the jurisdiction of said City, any unsanitary sewage, industrial wastes, or other polluted waters, except where suitable treatment has been provided in accordance with subsequent provisions of this chapter. [Ord. 997 § 1 (Exh. A), 2023; Ord. 601 Art. II § 2, 1991.]

13.05.040 Privies, septic tanks, etc.

Except as hereinafter provided, it shall be unlawful to construct or maintain a private sanitary sewer system within the corporate limits of the City or in an area under the jurisdiction of the City. [Ord. 997 § 1 (Exh. A), 2023; Ord. 716 § 2, 1996; Ord. 601 Art. II § 3, 1991.]

13.05.045 Authority of City Council to establish rates.

The City Council shall, by resolution, establish the sewer rates, including a surcharge when appropriate, on all users of the public sewer system. Such charges shall be used exclusively for the operation, maintenance, and repair of the sewer system; prorated employee costs; administration costs; and expenses of collection of charges imposed by this chapter. [Ord. 997 § 1 (Exh. A), 2023.]

13.05.050 Sewer connections required.

1. When a City sanitary sewer line does become available to property which has not previously been connected to the City sanitary sewer, or property which had a declared health hazard, the property owner will be given six months to connect to the City sanitary sewer line (“available to the property” means property adjacent to a City right-of-way in which a sewer line is installed).

2. When a request for an extension of a sanitary sewer line is made to the City, the sewer line must be installed to the full length of the street frontage of the property.

Exception. A waiver of remonstrance agreement may be accepted, after approval of the City Council, that the parcel will participate in future extension of sanitary sewer lines, when the following requirements are met:

a. A parcel has more than 300 feet of frontage along the right-of-way; and

b. The public sanitary sewer line is not immediately needed for the full length of the parcel to facilitate service to that parcel or other properties or to meet City of Harrisburg system needs. [Ord. 997 § 1 (Exh. A), 2023; Ord. 716 § 3, 1996; Ord. 601 Art. II § 4, 1991.]

13.05.055 Application for service.

1. An application for sewer service is required for all new accounts. Each applicant for sewer service shall be required to sign a form provided by the utility setting forth:

a. The date of application.

b. The location of premises to be served.

c. The date on which applicant will be ready for service.

d. The address to which bills are to be mailed or delivered.

e. Whether the applicant is the owner or tenant of, or agent for, the premises.

f. The name of applicant or business.

g. Such other information as the utility may reasonably request.

2. Property Owner Liability. In the event that the owner of the property rents their property to a tenant, it is necessary that the property owner sign an agreement provided by the City indicating that the owner is responsible for any unpaid utility bills for the property.

3. Contracts, other than applications, may be required prior to service, where in the opinion of the utility special circumstances warrant special consideration. [Ord. 997 § 1 (Exh. A), 2023.]

13.05.060 Capping or closing of building sewers.

Whenever houses and buildings connected to a public sewer are abandoned, razed or a sewer line exists to a property with no structure, the owner of the property shall be responsible for capping or closing the open building sewer connection to the public sewer. The building sewer on the owner’s property shall be closed at the public/private property lines and at the owner’s expense but shall be completed under City supervision and in conformity with City sewer requirements. If the owner fails to have the building sewer closed, the City of Harrisburg shall have the right to close sewer connections and to enter upon the property as warranted, for accomplishing such purpose. The expense of such closing shall be a debt due the City and lien upon the property and may be recovered by civil action in the name of the City against the property owner, the person, or both. [Ord. 997 § 1 (Exh. A), 2023; Ord. 601 Art. II § 5, 1991.]

13.05.070 Declared health hazard.

All property with structures or buildings normally used or inhabited by people located within the City, with a private sanitary sewer system and declared by the Oregon Department of Environmental Quality or the Linn County Health Department to contain conditions causing a danger to public health shall connect to the City sanitary sewer system to eliminate such health hazard within six months from a declaration of a danger to public health. An existing septic system may be grandfathered in for purposes of this chapter and may be repaired if desired. [Ord. 997 § 1 (Exh. A), 2023; Ord. 716 § 4, 1996; Ord. 601 Art. II § 6, 1991.]

Article III. Connection Charges

13.05.075 Deposit.

1. A deposit for sanitary sewer service may be required when:

a. The premises has had no prior service; or

b. The premises has had a change in property ownership or tenants; or

c. The premises has a disconnection or service disconnected for delinquency or other violations. (Also see subsection (4) of this section.)

d. An established resident, whose deposit has been refunded, and has had all services terminated for a period longer than 30 days.

2. Establishment of Deposit Rate. The fee for a sewer deposit will be established by the resolution establishing fees and rates.

3. Refund of Deposit.

a. At an owner-occupied location, the deposit shall be refunded if payments have been made on a regular and timely basis for a period of two years, or after the account has been closed and any outstanding charges have been paid.

b. At a renter-occupied location, the deposit shall be refunded after the account has been closed and any outstanding charges have been paid.

4. Redeposit. If, at any time after such sewer deposit refund is made to a depositor, the depositor becomes consistently delinquent in payment of their sewer charges or to the extent that it is necessary to issue a notice of discontinuance or reconnection of service, the City, as a condition of continuation or reconnection of service, may require such deposit to be redeposited.

5. Deduction of Sewer Use Fees. Prior to refund of deposit, as allowed by this chapter, the City shall first apply said deposit to any sum owed as a sewer use fee, before remitting any excess to the use upon termination of the account.

6. If a person is responsible for sewer service charges to the City of Harrisburg, as either a property owner, tenant or occupant, and the account is terminated with sewer service charges remaining unpaid, the City may withhold or discontinue service at any other location the person has, or wants, sewer services provided by the City of Harrisburg until the account is paid. [Ord. 997 § 1 (Exh. A), 2023.]

13.05.080 Connection to public sewer.

All houses, buildings or properties used for human occupancy, employment, recreation, or other purposes which are required to connect to the public sewer under the provisions of this chapter shall pay a connection charge for each separate service connection provided to the property. When one building sewer connection serves two or more buildings, each building shall pay a connection charge. [Ord. 997 § 1 (Exh. A), 2023; Ord. 601 Art. III § 1, 1991.]

13.05.085 Handling of funds.

1. Bills for sewer user charges shall be mailed to the address specified in the application for permit to make the connection unless or until the different owner or user of the property is reported to the City.

2. The City will deposit in the sewer fund all of the gross revenues received from charges, rates, surcharges and penalties collected for the use of the sewerage system as herein provided.

3. The revenues thus deposited in the sewer fund shall be used exclusively for operation, maintenance, and replacement; prorated employee costs; other administrative costs of such treatment works; and expenses of collection of charges imposed by this chapter.

4. Records of all assigned wastewater contributions forming the basis of the sewer use charges shall be kept on file with the City and shall be open for public inspection. [Ord. 997 § 1 (Exh. A), 2023.]

13.05.090 Connection charges.

Any person or persons desiring to connect to a public sewer in the City of Harrisburg shall first make application for a permit to the City. Upon the receipt of the connection charge, equal to the cost estimate by the City Public Works Director, from the applicant, the City shall issue a permit for a service connection. The estimated connection charge shall be adjusted to actual cost after the connection is completed. The person making the application shall either reimburse the City for the extra costs or be reimbursed for excess estimated charges. [Ord. 997 § 1 (Exh. A), 2023; Ord. 935 § 1, 2015; Ord. 601 Art. III § 2, 1991.]

13.05.093 Rendering of bills, responsibilities, delinquencies, and penalties.

1. User charges shall be levied on all users of the City sewer system and a monthly utility bill shall be mailed. The sewer user charge for all property, whether occupied or unoccupied, shall begin on the day that connection is made to the City sewer system or on the first day of occupancy. Once the sewer user charge has commenced, no credit shall be given for vacancy unless it can be demonstrated that sewer service to that property from any and all sources has been discontinued, at which time the user charge shall be reduced to an account minimum maintenance charge. The regular user charge shall be reinstated as soon as water service to that property from any source has begun. If the date upon which the user charge is commenced or altered does not fall on the first date of a billing period, the closing bill shall be based upon actual water usage.

2. Determination of Sewer Rates.

a. Wintertime: During the months of November through April, residential customers shall be billed for sewer based upon the amount of water used.

b. Summertime: During the months of May through October, residential customers shall be billed based upon the lesser of (1) the amount of water used during the month or (2) their wintertime average. Sewer wintertime averages shall be effective May 1st of each year.

c. For these purposes, a church or other nonprofit organization with landscaping shall be billed as a residential customer if the Utility Billing Supervisor determines this to be reasonable and appropriate.

d. Residential customers without a six-month wintertime average shall be billed based upon the lesser of:

(1) The amount of water used during the month; or

(2) A wintertime average based upon the length of time the customer has been at the residence if it is less than six months but not less than two months; or

(3) Based upon a presumed water usage of 2.81 EUUs per household resident who is at least six years old.

e. Nonresidential customers shall be charged for sanitary sewer service based upon the number of EUUs of water usage each month. However, if the customer provides information to the satisfaction of the City that more than 50 percent of the water consumed is not going into the sanitary sewer system, then the City can charge for sanitary sewer services based upon one of these alternative billing methods:

(1) If it is possible to install a second meter (at the customer’s expense) or use another method to more accurately determine the number of EUUs of water that are going into the sanitary sewer system, then this method may be used if it is found to be reasonable and appropriate to do so by the City; or

(2) If the City is satisfied that it is reasonable and appropriate to use the wintertime average, as used for residences, then this method can be used.

f. Sewer-only accounts shall be billed either:

(1) At the rate of 5.0 EUUs per household resident six years old or older; or

(2) Based upon the actual number of EUUs if a meter can be installed that the City concludes will more accurately reflect the number of EUUs to be charged for.

g. The sewer fee shall be doubled for customers located outside of the City but using City sewer services.

3. The user charge shall be calculated by multiplying the total number of EUUs for each customer by a constant cost factor set by a City Council resolution.

4. The utility bill shall be due and payable to the City, in full, no later than 20 days after the date of billing and shall thereafter be considered delinquent and a lien against the premises served.

a. The City reserves the right to discontinue sanitary sewer system service to any customer whose account is delinquent 40 days after the date of billing.

b. The City shall notify the customer of the intent to discontinue service by written notice, in accordance with HMC 13.05.095.

5. In all instances where service has been discontinued, an administrative fee, set by resolution, shall be made for restoration of service.

6. Closing bills will be collected at the time of discontinuance of service and will be based upon the meter reading of actual water used. [Ord. 997 § 1 (Exh. A), 2023.]

13.05.095 Billing format.

1. Utility bills shall be mailed monthly to customers and shall include:

a. The name and address of the person to whom the billing is being sent;

b. An account number;

c. The current charges, any past due charges, any payments, any adjustments and the total amount owing;

d. The service address location.

2. If the past due amount has not been paid on or before the tenth day of the month, then a shutoff notice will be mailed to the resident and property owner;

a. There will be a late fee assessed on the account. Late fees shall be established by resolution establishing fees and rates.

3. Service may be discontinued if payment in full is not received by the City within the allotted date and time as stated on the shutoff notice.

4. If service is discontinued, a shutoff fee will be charged.

a. Any payments made after 3:00 p.m. will have service restored the next business day;

5. The shutoff notice shall state:

a. The deadline for making payment in order to avoid a shutoff;

b. The address where payment can be made; and

c. The past due amount and charges that must be paid.

6. In the event service is discontinued, a notice shall be left on the property stating that service has been discontinued until the delinquent account is paid in full. The notice shall be placed on or near the front door of the premises or most reasonably approachable entrance to the property for the general public. [Ord. 997 § 1 (Exh. A), 2023.]

13.05.100 Large water user.

In the event of a new service connection to the present sewer facilities of the City, or in the event of any extension of the sewer system to serve a user who may be a large water user, then and in that event, the Council as provided shall fix the connection charge to be paid by said sewer users, said Council to take into consideration the gallonage of water to be used by said business and any and all other factors which may affect the ultimate use of the sewage works of the City. [Ord. 997 § 1 (Exh. A), 2023; Ord. 601 Art. III § 3, 1991.]

13.05.105 Multiple units.

1. Number of Services to Separate Premises. Separate premises under single control or management will each be supplied through individual service connections unless the utility elects otherwise.

2. Service to Multiple Units. Separate houses, buildings, living or business quarters on the same premises or on adjoining premises, under single control or management, may be served at the option of the applicant by either of the following methods:

a. Through separate service connections to each or any unit; provided, that the pipeline system from each service is independent of the others, and is not interconnected; or

b. Through a single service connection to the entire premises. The responsibility for payment of charges through a single service connection of approved capacity must be assumed by the applicant.

3. Changes in Customer’s Equipment. Customers making any material change in the size, character, or extent of the equipment or operation utilizing sewer service, or whose change in operations results in a large increase in their sewer service, shall immediately give the utility written notice of the nature of the change and, if requested by the utility, amend their application. [Ord. 997 § 1 (Exh. A), 2023.]

13.05.110 Sewer extension.

The City within its judgment may provide to that area or areas within the City not served by the sewage system, but desiring to be served by a sewer system, a public sewer. The City may also allow the owners of said area or areas to construct the sewer facilities on said properties all in accordance with plans and specifications as approved by the engineer of the City, and in accordance with plans and specifications approved by the State of Oregon Department of Environmental Quality and installed in a manner satisfactory to and approved by a person authorized to inspect and test said sewer installations in the City. In all those areas where expansion is done by private persons under the approval of the City, according to adopted City standards, the City and the person doing the work shall agree as to the time within which said sewer extension work shall be done and upon completion of said work and acceptance thereof by the City, said sewer mains, laterals, and connections shall be turned over to the City free and clear of any and all expenses for the construction and installation thereof. The person, persons, or company doing the work before turning over the sewers, mains and laterals to the City shall prepare a map or plat showing all of the property served by said facilities and lots, parts of lots, or parcels of ground actually connected to said sewers. Each of the owners of said lots, parts of lots, or parcels of land shall, when connecting to the sewer, pay to the City a connection charge for the type of property served as provided by City ordinances.

In the event a further expansion of the City sewer system is made by the City itself, the connection charge shall be as said in this chapter.

It is further provided that all other properties served by said sewer installed, but which do not have a service connection running from the sewer mains or laterals to the property lines, shall, when connected up, pay a connection charge. [Ord. 997 § 1 (Exh. A), 2023; Ord. 601 Art. III § 4, 1991.]

13.05.113 Service connections and main extensions within City limits.

1. Service Connections.

a. The City may furnish and install a service of such size and at such location as the applicant requests, provided such requests are reasonable.

b. The utility shall have the absolute right to determine the size and all other matters in relation to main extensions. The service will be installed from the City sewer main to the curb line or property line to the premises, which may abut on the street, on other thoroughfares, or on a City right-of-way or easement.

c. Charges for connection fees will be set by the resolution establishing fees and rates.

2. Change in Location of Services. Services moved for the convenience of the customer will be relocated only at the customer’s expense. The customer will be required to pay the utility the actual labor costs, plus materials used.

3. Ownership. The service connection, whether located on public or private property, is the property of the utility; and the utility reserves the right to repair, replace and maintain it, as well as to remove it upon discontinuance of service.

4. Charges for Service Pipes Connected Without Permit. If premises are connected without the application prescribed in this chapter, City sewer service shall be immediately disconnected. A new connection shall only be made upon compliance with the provisions of this chapter. Before a new connection is made, the applicant shall pay double the rate for the estimated quantity of sewer usage.

5. Abandoned and Non-Revenue-Producing Services. Where a service connection to any premises has been abandoned or not used for a period of one year or longer, the utility may cap the service connection. New service shall be provided only upon the owner making an application and paying for a new connection in the regular manner.

6. Leaking or Unused Services. Where there is a leak between the main and the private sewer line, the utility shall make all repairs free of charge. When a service pipe at the proper grade is damaged or destroyed by contractors or others, or where service pipes are destroyed by a person, contractor or company, they shall be responsible for such damage or destruction and shall pay the utility for the cost of repairing or replacing such pipes on the basis of the actual cost to the City in labor and in materials. [Ord. 997 § 1 (Exh. A), 2023.]

13.05.115 Service connections and main extensions outside City limits.

1. The utility will not finance or construct sewer mains for residential, or commercial/industrial uses outside the City limits of Harrisburg, except in special circumstances outlined in this section. Individual service connections may be permitted, by option of the utility, on those mains owned and operated by the utility, outside the City limits. (The Council shall have the right to reject such petitions and to enter into contract with the petitioners under such conditions as the Council may elect.)

All sanitary sewer service delivered outside the City limits shall be considered as a special service and shall not be extended except under unusual circumstances. The service may be discontinued when sufficiently justified by the utility. A finding that unusual circumstances exist shall be related to both of the following:

a. Public health need or the future viability of an existing industry; and

b. A determination that the provision of the sanitary sewer supply is vital to the operation of a particular use.

2. Sewer mains shall be constructed in accordance with the utility’s standards and specifications, subject to inspection by the utility, with all necessary easements, rights-of-way, and permits to the utility. The utility will then own, operate and maintain the sewer main.

3. Applications and Rates. The City reserves the right to act on each application for outside-the-City service on its merits without regard to any other past or present application or service. If service is approved, the cost of service and connections will be listed in the applicable portion of the resolution establishing fees and rates. Sewer use rates will be double those for service to a similar customer inside the City limits.

4. Rules and Regulations.

a. All customers outside the City receiving sanitary sewer service from the utility shall comply with and be bound by the rules and regulations of the utility.

b. Individuals shall cooperate to a reasonable and practicable extent with other customers in the extension or enlargement of common facilities. [Ord. 997 § 1 (Exh. A), 2023.]

Article IV. Sewage Disposal

13.05.120 Private sewage disposal systems.

Where a public sanitary sewer is not available under the provisions of HMC 13.05.050, the building sewer shall be connected to a private sewage disposal system complying with the requirements of the Oregon State Department of Environmental Quality and the Oregon Plumbing Specialty Code. [Ord. 997 § 1 (Exh. A), 2023; Ord. 601 Art. IV § 1, 1991.]

13.05.130 Permits.

Before commencement of construction of a private sewage disposal system, the owner shall first obtain a written permit from the Department of Environmental Quality of the State of Oregon or its authorized representative and a copy of said permit shall be filed with the City Recorder. [Ord. 997 § 1 (Exh. A), 2023; Ord. 601 Art. IV § 2, 1991.]

13.05.140 Sewer connections.

At such time as a public sewer becomes available to a property served by a private sewage disposal system as provided in HMC 13.05.120, 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, except as provided as follows or as the City Council shall otherwise permit. Where existing buildings are too low to be served by an available sewer, the existing septic tank facilities shall be maintained in use and, when so ordered by the City, approved pumping facilities shall be installed to pump the septic tank effluent into the available sanitary sewer system. [Ord. 997 § 1 (Exh. A), 2023; Ord. 601 Art. IV § 3, 1991.]

13.05.150 Sanitation.

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. 997 § 1 (Exh. A), 2023; Ord. 601 Art. IV § 4, 1991.]

13.05.160 Additional requirements.

No statement contained in this article shall be construed to interfere with any additional requirements that may be imposed by the State of Oregon Department of Environmental Quality. [Ord. 997 § 1 (Exh. A), 2023; Ord. 601 Art. IV § 5, 1991.]

13.05.170 Discontinuance of private system.

When a public sewer becomes available, the building sewer shall be connected to said sewer within six months, and the private sewage disposal system shall be cleaned of sludge and filled with clean bank-run gravel or pea gravel. [Ord. 997 § 1 (Exh. A), 2023; Ord. 601 Art. IV § 6, 1991.]

Article V. Building Sewers and Connections

13.05.180 Sewer connection permits.

No unauthorized person shall uncover, make any connections with or openings into, use, alter, or disturb any public sewer or appurtenance thereto and no person, firm, or corporation shall make any connection to any part of the sewer system without first making application and securing a written permit from the City. All sewer connections shall be made to existing connection points or those installed on the public sewer by the City at the cost of person making the connection/permit application. [Ord. 997 § 1 (Exh. A), 2023; Ord. 601 Art. V § 1, 1991.]

13.05.183 Responsibility for equipment or damage.

The customer shall at their own risk and expense furnish, install and keep in good and safe condition all equipment that may be required for receiving and utilizing the sanitary sewer service. The utility shall not be responsible for any loss or damage caused by the improper installation of such sewer service or the negligence, want of proper care or wrongful act of the customer or any of their tenants or agents, in installing, maintaining, using or operating or interfering with such equipment.

The customer shall be liable for any damage to equipment or property owned by the utility which is caused by an act of the customer, their tenants or agent. Such damage shall include any damage to the sewer main, or appurtenances, that may result from hot water or steam from a boiler on the customer’s premises. The utility shall be reimbursed by the customer for any such damage promptly on presentation of a bill. [Ord. 997 § 1 (Exh. A), 2023.]

13.05.185 Appeals.

1. Should any user believe that he has been incorrectly assigned a number of EUUs, that user may apply for review of their use of the sewer system. If it has been determined by the City that a user’s wastewater contribution is incorrectly assigned, the City shall reassign a more appropriate value to that user and shall notify that user of such reassignment.

2. Appeal of the rate established by the City shall be made by the City Administrator or the City Administrator’s authorized representative. [Ord. 997 § 1 (Exh. A), 2023.]

13.05.190 Applications.

There shall be two classes of building sewer permits:

1. For residential and commercial service; and

2. For service to establishments producing industrial wastes.

In either case, the owner or their agent shall make application to the City Recorder. The permit application shall be supplemented by plans, specifications, or other information considered pertinent in the judgment of the Public Works Director. Permit and inspection fees for a residential, commercial or industrial building sewer permit shall be paid to the City at the time of filing the application. [Ord. 997 § 1 (Exh. A), 2023; Ord. 935 § 1, 2015; Ord. 601 Art. V § 2, 1991.]

13.05.200 Installation costs – Indemnity of the City.

All costs and expense incidental 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. 997 § 1 (Exh. A), 2023; Ord. 601 Art. V § 3, 1991.]

13.05.210 Separate services.

A separate and independent building sewer shall be provided for every building; except, where one building stands at the rear of another or 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. 997 § 1 (Exh. A), 2023; Ord. 601 Art. V § 4, 1991.]

13.05.220 Old building sewers.

Old building sewers may be used in connection with new buildings or new building sewers only when they are found upon examination and testing by the Public Works Director to meet all requirements of this chapter. [Ord. 997 § 1 (Exh. A), 2023; Ord. 935 § 1, 2015; Ord. 601 Art. V § 5, 1991.]

13.05.230 Specifications.

The size, slope, alignment, materials of construction of a building sewer, 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 Oregon Plumbing Specialty Code and City of Harrisburg Standard Specifications or other applicable rules and regulations of the City. [Ord. 997 § 1 (Exh. A), 2023; Ord. 601 Art. V § 6, 1991.]

13.05.240 Building sewer connection.

The building sewer pipe shall be connected to a cleanout and cast-iron building drain near the building foundation. A special flexible, watertight adaptor shall be used in the connection to the building drain and the City sewer pipe at the sewer main or property line. All building sewer pipes shall be connected to an approved existing sewer main tee or a lateral extension provided by the City. At no time shall the owner or their representative make a direct connection to the public sanitary sewer main. [Ord. 997 § 1 (Exh. A), 2023; Ord. 601 Art. V § 7, 1991.]

13.05.250 Connection tee riser.

The first fitting at the connection with the public sewer and the building sewer at the property line or edge of the sewer easement shall be an approved testing tee provided by the property owner. The tee riser branch shall extend vertically from the building sewer to finished ground surface and shall be sealed with an approved watertight cap or plug. This riser shall be used for inserting a test plug for water-testing the building sewer and as an auxiliary cleanout. Backfilling around the riser shall be done in such manner so as not to damage the pipe. [Ord. 997 § 1 (Exh. A), 2023; Ord. 601 Art. V § 8, 1991.]

13.05.260 Building sewer size and slope.

The size and slope of the building sewer shall be subject to the approval of the City, but in no event shall the diameter be less than four inches. The slope of such four-inch pipe shall be one-quarter inch per foot or not be less than one-eighth inch per foot with the approval by the City Public Works Director. [Ord. 997 § 1 (Exh. A), 2023; Ord. 935 § 1, 2015; Ord. 601 Art. V § 9, 1991.]

13.05.270 Building sewer installation.

All excavation required for the installation of a building sewer shall be open trench work unless otherwise approved by the City Public Works Director. The building sewer shall be laid at uniform grade and in a straight alignment insofar as is possible. Changes in direction shall be made only with curved pipe no greater than 45-degree long radius bend. No 45-degree or 90-degree short radius elbow shall be used. A cleanout shall be placed outside the building where the building drain connects to the building sewer and at intervals not to exceed 100 feet in straight runs and for each aggregate change in direction exceeding 135 degrees. All pipe shall be laid on a four-inch granular base of three-quarter-inch-minus rock, pea gravel, fill sand, or combination thereof and the trench backfilled to at least six inches over the pipe with said material. No backfilling of the trench shall be done until approved by the City Public Works Director. [Ord. 997 § 1 (Exh. A), 2023; Ord. 935 § 1, 2015; Ord. 601 Art. V § 10, 1991.]

13.05.280 Building sewer testing.

The applicant for the building sewer permit shall notify the City when the building sewer is ready for inspection and connection to the public sewer. After final approval and testing of the building sewer by the City, the owner shall make the final connection to the building drain unless otherwise authorized by the City. A 30-minute internal, hydrostatic test will be required on all building sewers before connection is made to the building drain. All water, plugs and other facilities for making the test shall be furnished by the applicant or property owner’s representative. The minimum head over the top of the building sewer pipe shall be three feet at its highest point and shall have a nil allowable leakage. [Ord. 997 § 1 (Exh. A), 2023; Ord. 601 Art. V § 11, 1991.]

13.05.290 Gravity flow – Lifting.

Whenever possible, the building sewer shall be brought to the building at an elevation below the basement floor. In all buildings in which any building drain is too low to permit gravity flow to the public sewer, sanitary sewage carried by such building drain shall be lifted by an approved means and discharged to the building sewer at the property owner’s expense. [Ord. 997 § 1 (Exh. A), 2023; Ord. 601 Art. V § 12, 1991.]

13.05.300 Surface drainage.

No person shall make connection of roof downspouts, exterior foundation drains, areaway drains or other sources of surface runoff or ground water to a building sewer or building drain which in turn is connected directly or indirectly to a public sanitary sewer. [Ord. 997 § 1 (Exh. A), 2023; Ord. 601 Art. V § 13, 1991.]

13.05.310 Inspection.

The applicant for the building sewer permit shall notify the Public Works Director when the building sewer is ready for inspection and connection to the public sewer. The connection shall be made under the supervision of the Public Works Director or their representative. [Ord. 997 § 1 (Exh. A), 2023; Ord. 935 § 1, 2015; Ord. 601 Art. V § 14, 1991.]

13.05.315 Discontinuance of service.

1. Nonpayment of Bills. A customer’s sewer service may be discontinued if the utility bill is not paid in accordance with the procedures as listed in HMC 13.05.093.

2. Unsafe Apparatus.

a. The utility may refuse to furnish sewer service and may discontinue service to any premises where the sewer service lines are dangerous, unsafe, or are being used in violation of laws, ordinances or legal regulations.

b. The utility does not assume liability for inspecting the sewer apparatus on the customer’s property. The utility does reserve the right of inspection, however, if there is reason to believe that unsafe or illegal apparatus is in use.

3. Service Detrimental to Others. The utility may refuse to provide sewer service and may discontinue service to any premises where excessive demands by one customer may result in inadequate service to others.

4. Fraud and Abuse. The utility shall have the right to refuse or to discontinue sewer service to any premises to protect itself against fraud or abuse.

5. Noncompliance. The utility may, unless otherwise provided, discontinue sewer service to a customer for noncompliance with any portion of this chapter, if the customer fails to comply within five days after receiving written notice of the utility’s intention to discontinue service. If such noncompliance affects matters of health, safety, or other conditions that warrant such action, the utility may discontinue sewer service immediately.

6. Customer’s Request for Service Discontinuance.

a. A customer may have their sewer service discontinued by notifying the utility reasonably well in advance of the desired date of discontinuance. The customer will be required to pay all sewer charges until the date of such discontinuance.

b. If a customer fails to notify the utility, the customer will be required to pay for sewer service from the date the utility has learned that the customer has vacated the premises, until the utility has discontinued service.

7. Restoration – Reconnection Charge. For requests of restoration and/or reconnection of sewer service, the City shall charge a fee as set in the applicable portion of the resolution establishing fees and rates. [Ord. 997 § 1 (Exh. A), 2023.]

13.05.320 Excavations – Restoration.

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. 997 § 1 (Exh. A), 2023; Ord. 601 Art. V § 15, 1991.]

13.05.325 City certified contractor requirements.

All contractors who work on any part of the City infrastructure shall be designated by the Public Works Director as a City certified contractor.

1. Contractors shall submit the following information to the Public Works Director to be considered for approval as a City certified contractor;

a. The contractor, or contractor’s supervisor on the project, must have 12 months’ experience working on municipal projects with the same materials as those required by City standards. A reference letter from a municipality where work has been performed shall be submitted.

b. The contractor shall have and submit an OSHA approved written safety policy or provide industry standard documentation of a satisfactory safety record.

c. The contractor shall have and submit a current Oregon General Contractors License.

d. The contractor shall have and submit current insurance bonds and or liability to cover the project amount.

e. All contractor employees must be covered by workman’s compensation.

f. An approved contractor will remain a City certified contractor providing work is performed for the City within a five-year period. The City can revoke the privilege of City certified contractor at any time, for any reason. The contractor may then reapply for the designation.

g. A newly approved City certified contractor shall be required to sign additional forms before any work on the City infrastructure can be performed. [Ord. 997 § 1 (Exh. A), 2023.]

Article VI. Discharges to the Public Sewers

13.05.330 Discharges prohibited.

No person shall discharge or cause to be discharged any storm water, surface water, ground water, roof runoff, subsurface drainage, uncontaminated cooling water, or unpolluted industrial process waters to any sanitary sewer. [Ord. 997 § 1 (Exh. A), 2023; Ord. 601 Art. VI § 1, 1991.]

13.05.335 Temporary service or RV connection.

No temporary service connections or RV dump connections shall be allowed unless granted in writing by the utility. If allowed for hardship reasons it shall only be for a documented short term and all domestic water to said connection must be metered by the City. [Ord. 997 § 1 (Exh. A), 2023.]

13.05.340 Unpolluted drainage.

Storm water and all other unpolluted drainage shall be discharged to such sewers as are specifically designated as storm sewers, or to a natural outlet approved by the Public Works Director. Industrial cooling water or unpolluted process waters may be discharged, on approval of the Public Works Director, to a storm sewer or natural outlet. [Ord. 997 § 1 (Exh. A), 2023; Ord. 935 § 1, 2015; Ord. 601 Art. VI § 2, 1991.]

13.05.350 Prohibited substances.

No person shall discharge or cause to be discharged any of the following described waters or wastes to any public sewers:

1. Any gasoline, grease, oils, paint, benzene, naphtha, fuel oil, or other explosive liquid, solid or gas.

2. Any water or wastes containing toxic or poisonous solids, liquids, or gases in sufficient quantity, either singly or by interaction with other wastes, to injure or interfere with any animals, create a public nuisance, or create any hazard in the receiving waters of the sewage treatment plant, including but not limited to cyanides in excess of two mg/l of CN in the wastes as discharged to the public sewer.

3. Any waters or wastes having a pH lower than 6.0 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.

4. Solid or viscous substances in quantities or of such size capable of causing obstruction at the flow in sewers, or other interference with the proper operation of the sewage works such as, but not limited to, ashes, cinders, sand, mud, straw, shavings, metal, glass, rags, feathers, tar, plastics, wood, underground garbage, whole blood, paunch manure, hair and fleshing, entrails, and paper dishes, cups, milk containers, etc., either whole or ground by garbage grinders. [Ord. 997 § 1 (Exh. A), 2023; Ord. 601 Art. VI § 3, 1991.]

13.05.360 Substances subject to Public Works Director’s approval.

No person shall discharge or cause to be discharged the following described substances, materials, waters or wastes if it appears likely in the opinion of the Public Works Director that such wastes can harm either the sewers, sewage treatment process or equipment, have an adverse effect on the receiving stream, or can otherwise endanger life, limb, public property or constitute a nuisance. In forming this opinion as to the acceptability of these wastes, the Public Works Director will give consideration to such factors as quantities of subject wastes in relation to flows and velocities in the sewers, materials of construction of the sewers, nature of the sewage treatment process, capacity of the sewage treatment plant, degree of treatable wastes in the sewage treatment plant, and other pertinent factors. The substances prohibited are:

1. Any liquid or vapor having a temperature higher than 140 degrees Fahrenheit (60 degrees centigrade).

2. Any water or waste containing fats, gas, grease, or oils, whether emulsified or not, in excess of 100 mg/l or containing substances which may solidify or become viscous at temperatures between 32 and 150 degrees Fahrenheit (zero and 65 degrees centigrade).

3. Any garbage that has not been properly shredded. The installation and operation of any garbage grinder equipped with a motor of three-fourths horsepower (0.75 hp) or greater shall be subject to the review and approval of the Public Works Director.

4. Any waters or wastes containing strong acid iron pickling wastes or concentrated plating solutions, whether neutralized or not.

5. Any waters or wastes containing iron, chromium, copper, zinc, and similar objectionable or toxic substances; or wastes exerting an excessive chlorine requirement, to such degree that any such material received in the composite sewage at the sewage treatment works exceeds the limits established by the Public Works Director for such materials.

6. Any waters or wastes containing phenols or other taste- or odor-producing substances, in such concentrations exceeding limits which may be established by the Public Works Director as necessary, after treatment of the composite sewage, to meet the requirements of the State, Federal, or other public agencies of jurisdiction of such discharge to the receiving waters.

7. Any radioactive wastes or isotopes of such half-life or concentration as may exceed limits established by the Public Works Director in compliance with applicable State or Federal regulations.

8. Materials which exert or cause:

a. Unusual concentrations of inert suspended solids (such as, but not limited to, fuller’s earth, lime slurries, and lime residues) or of dissolved solids (such as, but not limited to, sodium chloride and sodium sulfate).

b. Excessive discoloration (such as, but not limited to, dye wastes and vegetable tanning solutions).

c. Unusual BOD, chemical oxygen demand, or chlorine requirements in such quantities as to constitute a significant load on the sewage treatment works.

d. Unusual volume of flow or concentration of wastes constituting slugs as defined herein.

9. Waters or wastes containing substances which are not amenable to treatment or reduction by the sewage treatment processes employed or are amenable to treatment only to such degree that the sewage treatment plant effluent cannot meet the requirements of other agencies having jurisdiction over discharge to the receiving waters.

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

11. Any noxious or malodorous gas or substance capable of creating a public nuisance, including the contents of septic tanks and cesspools, without written consent of the Public Works Director. [Ord. 997 § 1 (Exh. A), 2023; Ord. 935 § 1, 2015; Ord. 738 § 1, 1997; Ord. 601 Art. VI § 4, 1991.]

13.05.370 Required waste controls.

If any waters or wastes are discharged, or are proposed to be discharged, to the public sewers, which waters contain the substances or possess the characteristics enumerated in HMC 13.05.360, and which in the judgment of the Public Works Director may have a deleterious effect upon the sewage works, processes, equipment, or receiving waters, or which otherwise create a hazard to life or constitute a public nuisance, the Public Works Director may:

1. Reject the wastes;

2. Require pretreatment to an acceptable condition for discharge to the public sewers;

3. Require control over the quantities and rates of discharge; and/or

4. Require payment to cover the added cost of handling and treating the wastes not covered by existing taxes or sewer charges under the provisions of HMC 13.05.410. If the Public Works Director permits the pretreatment or equalization of waste flows, the design and installation of the plants and equipment shall be subject to the requirements of all applicable codes, ordinances and laws. [Ord. 997 § 1 (Exh. A), 2023; Ord. 935 § 1, 2015; Ord. 601 Art. VI § 5, 1991.]

13.05.380 Interceptors and traps.

Grease, oil, and interceptors or traps shall be provided when, in the opinion of the Public Works Director, they are necessary for the proper handling of liquid wastes containing grease in excessive amounts, or any flammable wastes, sand, or 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 Public Works Director and shall be located as to be readily and easily accessible for cleaning and inspection and shall be maintained by the owner, at their expense, in continuously efficient operation at all times. [Ord. 997 § 1 (Exh. A), 2023; Ord. 935 § 1, 2015; Ord. 601 Art. VI § 6, 1991.]

13.05.390 Industrial wastes – Manholes.

When required by the Public Works Director, the owner of any property serviced by a building sewer carrying industrial wastes shall install a suitable control manhole, together with such necessary meters and other appurtenances in the building sewer to facilitate observation, sampling, and measurement of the wastes. Such manhole, when required, shall be accessible and safely located and shall be constructed in accordance with plans approved by the Public Works Director. The manhole shall be installed by the owner at their expense and shall be maintained by them so as to be safe and accessible at all times. [Ord. 997 § 1 (Exh. A), 2023; Ord. 935 § 1, 2015; Ord. 601 Art. VI § 7, 1991.]

13.05.400 Special sampling – Analysis of wastes.

All measurements, tests and analyses of the characteristics of waters and wastes to which reference is made in this chapter shall be determined in accordance with the most recent edition of Standard Methods for the Examination of Water and Waste Water, published by the American Public Health Association, and shall be determined at the control manhole provided 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. Sampling shall be carried out by customarily accepted methods to reflect the effect of constituents upon the sewage works and to determine the existence of hazards to life, limb, and property. (The particular analyses involved will determine whether a 24-hour composite of all outfall of a premises is appropriate or whether a grab sample or samples should be taken. Normally, but not always, BOD and suspended solids analyses are obtained from 24-hour composites of all outfall whereas pH is determined from periodic grab samples.) [Ord. 997 § 1 (Exh. A), 2023; Ord. 601 Art. VI § 8, 1991.]

13.05.410 Special arrangements.

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. 997 § 1 (Exh. A), 2023; Ord. 601 Art. VI § 9, 1991.]

13.05.420 Preliminary treatment.

Where preliminary treatment or flow-equalizing facilities are provided for any waters or wastes, they shall be maintained continuously in satisfactory and effective operation by the owner at their expense. Preliminary treatment will be required before its admission into the public sewers of any waters or wastes having:

1. A five-day biochemical oxygen demand (BOD) greater than 300 parts per million by weight; or

2. Containing any quantity of substances having the characteristics described in HMC 13.05.350; or

3. Containing more than 350 parts per million by weight of suspended solids; or

4. 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 Public Works Director. The owner shall provide, at their expense, such preliminary treatment as may be necessary. Plans, specifications, and other pertinent information relating to the proposed preliminary treatment facilities shall be submitted for the approval of the Engineer and of the State of Oregon Department of Environmental Quality, and no construction of such facilities shall be commenced until said approvals are obtained in writing. [Ord. 997 § 1 (Exh. A), 2023; Ord. 935 § 1, 2015; Ord. 601 Art. VI § 10, 1991.]

13.05.425 Interruptions in service.

The utility shall not be liable for damage resulting from an interruption in service. Temporary shutdowns may be resorted to by the utility for improvements and repairs. Whenever possible, and as time permits, all customers affected will be notified prior to such shutdowns. The utility will not be liable for interruption, or for any loss or damage occasioned thereby, if caused by accident, act of God, fire, strikes, riots, war or any other cause not within its control. [Ord. 997 § 1 (Exh. A), 2023.]

Article VII. Protection From Damage

13.05.430 Infiltration and inflow.

1. All property owners identified by the City as contributors to excessive or improper infiltration or inflow into the treatment works shall be advised of their infiltration and inflow problems.

2. All such situation properties shall be provided a 60-day grace period in which to correct the infiltration and inflow problems as identified, said 60-day grace period to extend from the date of notification. All infiltration and inflow problems corrected by the property owner shall be by a permit from the City and inspection by the City Public Works Director.

3. By the end of the 60-day grace period, each property owner shall notify the City of corrective actions that have been taken or are in progress, which actions shall be specified in the notification to the City.

4. A property owner failing to notify the City of corrective actions prior to the end of the 60-day grace period shall be subject to termination of service, without further notice, and water service, if provided by the City, shall be immediately discontinued and shut off until the violation shall have been corrected in accordance with Federal, State, and City regulations.

5. In the event any instance of excessive or improper infiltration or inflow into the treatment works of the City shall continue beyond the 60-day grace period, it is hereby declared that such continuing infiltration or inflow is a public nuisance and that the City shall have the right to abate such public nuisance, and to enter upon any private property within the City for such purpose. The cost of such abatement shall be a debt due to the City and may be recovered by civil action in the name of the City against the property owner, the person or both. An administration fee of $250.00 or 10 percent of the cost, whichever is greater, shall be charged and collected by the City in addition to all costs of abatement. [Ord. 997 § 1 (Exh. A), 2023; Ord. 935 § 1, 2015; Ord. 601 Art. VII, 1991.]

13.05.440 Damage to sewage works.

No unauthorized person shall maliciously, willfully, or as the result of negligence on their part break, damage, destroy, uncover, deface, or tamper with any structure, facility, appurtenance, or equipment which is a part of the sewage works in the City. This does not apply, however, to any employee of the City during the time they are engaged in City official employment, nor to any person or persons authorized to work in any manner thereon. Any person violating this provision shall be subject to immediate arrest under charge of criminal mischief. [Ord. 997 § 1 (Exh. A), 2023; Ord. 601 Art. VIII, 1991.]

Article VIII. Enforcement

13.05.450 Right of entry.

The Public Works Director and other duly authorized employees or contractor of the City may enter any property for any purposes of inspection, observations, measurement, sampling and testing in accordance with the provisions of this chapter after obtaining permission from any person with authority over the property to grant it, or after obtaining a warrant. [Ord. 997 § 1 (Exh. A), 2023; Ord. 935 § 1, 2015; Ord. 906 § 1, 2012; Ord. 601 Art. IX § 1, 1991.]

13.05.460 Safety – Indemnification.

While performing the necessary work on private properties referred to in HMC 13.05.450, the Public Works Director or duly authorized employees of the City shall observe all safety rules applicable to the premises established by the company, and the company shall be held harmless for injury or death to the City employees, and the City shall indemnify the company against loss or damage to its property by City employees and against liability claims and demands for personal injury or property damage asserted against the company and growing out of the gauging and sampling operation, except as such may be caused by negligence or failure of the company to maintain safe and accessible conditions as required in HMC 13.05.390. [Ord. 997 § 1 (Exh. A), 2023; Ord. 935 § 1, 2015; Ord. 601 Art. IX § 2, 1991.]

13.05.470 Easements.

The Public Works Director and other duly authorized employees of the City bearing proper credentials and identification shall be permitted to enter all private properties through which the City holds a duly negotiated easement for the purposes of, but not limited to, inspection, observation, measurement, sampling, repair, and maintenance of any portion of the sewage works lying within said easement. All entry and subsequent work, if any, on said easement shall be done in full accordance with the terms of the duly negotiated easement pertaining to the private property involved. [Ord. 997 § 1 (Exh. A), 2023; Ord. 935 § 1, 2015; Ord. 601 Art. IX § 3, 1991.]

13.05.480 Notice of violation.

Any person found to be violating any provision of this chapter 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. 997 § 1 (Exh. A), 2023; Ord. 601 Art. X § 1, 1991.]

13.05.490 Penalty – Separate violations.

Any person who shall continue any violation beyond the time limit provided for in HMC 13.05.480 shall be guilty of a misdemeanor, and on conviction thereof shall be fined in an amount not exceeding the greater of (1) $500.00, or (2) the penalty amount stated in OAR Chapter 340, Division 12 for each violation. Each day in which any such violation shall continue shall be deemed a separate offense. [Ord. 997 § 1 (Exh. A), 2023; Ord. 906 § 1, 2012; Ord. 666 § 1, 1995; Ord. 601 Art. X § 2, 1991.]

13.05.500 Mischief.

1. It shall be unlawful for any person other than authorized City of Harrisburg personnel to tamper with any line or any appliances, equipment or other appurtenances to the City of Harrisburg sanitary sewer system.

2. Any developer, contractor, property owner, or private citizen who connects to the City sewer main without prior City approval and without City public works personnel on site at the time the connection is made shall be subject to having that service terminated, fined up to $500.00, and required to pay for the City inspection of the work performed and any corrections required by the City Engineer.

3. Nothing in this section or chapter shall prevent a person in violation of this chapter from being prosecuted for criminal mischief under ORS Chapter 164. [Ord. 997 § 1 (Exh. A), 2023; Ord. 906 § 1, 2012; Ord. 749 § 1, 1998; Ord. 716 § 4, 1996; Ord. 601 Art. X § 3, 1991.]

13.05.510 Liability.

Any person or persons, as the result of violating any of the provisions of this chapter, causing any expense, loss or damage to the City shall immediately become liable to the City for the full sum of such expense, loss or damage. The City Council may, at its discretion, instruct the City Attorney to proceed against any such person or persons, in any court of competent jurisdiction, in a civil action to be brought in the name of the City, for the recovery of the full sum of any expense, loss or damage sustained by the City. [Ord. 997 § 1 (Exh. A), 2023; Ord. 601 Art. XI, 1991.]

13.05.520 Constitutionality – Saving clause.

If any clause, sentence, paragraph, section, article or portion of this chapter for any reason shall be adjudged invalid by a court of competent jurisdiction, such judgment shall not affect, impair or invalidate the remainder of this chapter, but shall be confined in its operation to the clause, sentence, paragraph, section or portion of this chapter directly involved in the controversy in which judgment is rendered. [Ord. 997 § 1 (Exh. A), 2023; Ord. 601 Art. XII § 2, 1991.]