Chapter 13.05
SEPTIC TANK SLUDGE DISPOSAL
Sections:
13.05.060 Prohibited activities.
13.05.010 Title.
This chapter shall be known as the 1978 Josephine County Septic Tank Sludge Disposal Ordinance. [Ord. 78-13 § 1.]
13.05.020 Purpose.
The purpose of this chapter is to allow duly licensed septic tank pumpers to deposit septic tank sludge at a County authorized dumping site, and to provide for the issuance, suspension and revocation of use privileges, and to authorize the setting of fees. [Ord. 78-13 § 2.]
13.05.030 Definitions.
“DEQ” means the Department of Environmental Quality.
“Director” means the Environmental Health Services Director or his duly authorized representative.
“Dumping Site” means any State DEQ and Josephine County authorized location for the deposit of septic tank sludge.
“Licensed Pumper” means a sewage disposal service worker licensed by the DEQ and properly bonded.
“Person” means any individual, firm, corporation, or governmental agency.
“Septic Tank Sludge” means accumulated suspended and settleable solids of sewage deposited in a septic tank. [Ord. 78-13 § 3.]
13.05.040 Dumping authority.
The Director or his duly authorized representative shall accept septic tank sludge at the Marlson Sludge Lagoons or other future County or state authorized dumping site between the hours of 8:00 a.m. to 5:00 p.m. on Monday through Saturday of each week except recognized holidays observed by Josephine County. All persons and/or firms authorized to dump at the approved dump site shall be subject to the restrictions contained in this chapter. [Ord. 78-13 § 4.]
13.05.050 Authorized users.
No person shall be permitted to dump domestic sewage sludge who is not currently licensed with the DEQ as a sewage disposal service worker for pumping out septic tanks or is not properly bonded as required in OAR 340-71-045(1) or who does not display the identifying labels provided by the DEQ for the current year. [Ord. 78-13 § 5.]
13.05.060 Prohibited activities.
The following restrictions are hereby placed on any licensed sewage disposal worker and violation of any said restrictions shall constitute grounds for State DEQ license revocation and loss of permission to use the County authorized dumping site:
A. No dumping of discharge, or the attempted dumping of discharge, of any sewage or sludge of the following character: caustic, acid, oil tank bottom contents, grease or oil trap sludges, plating or metal finishing waste, digested sewage sludge, animal manure, food processing wastes, including skins, shells, seeds, blood, hair, bones, grease or feathers, industrial sumps, or holding tanks for domestic wastes other than sewage shall be allowed.
B. The dumping or discharge of any sludge or sewage which is known to the licensed pumper or to his employer or agent to contain waste other than domestic septic tank sludge, whether or not such material is described in subsection (A) of this section.
C. The failure to accurately certify the source of the load of sewage or sludge prior to dumping, in the form required by the Director.
D. The failure to pay all charges for dumping sewage sludge within 10 days after the end of the calendar month during which such sludge was dumped.
E. The failure to clean the immediate area of the dumping facility after dumping so as to leave the area in a clean and sanitary condition.
F. The failure to conform with the load-handling procedures established by the watchman in charge of the dumping station, approved by the Director and posted at the site.
G. The failure to maintain a current DEQ certification for dumping or discharge of sludge or sewage. [Ord. 88-9 § 1; Ord. 78-13 § 6.]
13.05.070 Dumping fees.
A. The Director shall establish the procedures for controlling the dumping process and shall collect from the licensed pumper on monthly statements, fees for the dumping of septic tank sludge in accordance with the following fee schedule:
Five dollars for the first 500-gallon load or fraction thereof and $5.00 for each additional 500 gallons of septic tank sludge or fraction thereof.
B. Fees are subject to a yearly review and can be adjusted when deemed necessary to meet annual operating expenses by the Director and County Board of Commissioners.
C. All fees including fees for partial loads shall be based on the measured maximum capacity of the sludge tank on the truck. [Ord. 78-13 § 7.]
13.05.080 Appeal.
Any action or ruling by the Director may be appealed to the Board of County Commissioners within 30 days after the Director has rendered his decision by the person appealing filing written notice with the Chairman of the Board of County Commissioners. If no appeal is taken within the 30-day period, the decision of the Director shall be final. If an appeal is filed, it shall be accompanied by a filing fee of $20.00. Notice of the hearing on appeal shall be given by publication in a newspaper of general circulation in the County at least 10 days prior to the date of the hearing. [Ord. 78-13 § 8.]
13.05.090 Penalty.
Any person, firm, corporation or other entity who violates any provisions of this chapter shall be punished upon conviction by a fine of not more than $500.00 for a noncontinuing offense and fine of not more than $1,000 for a continuing offense. This penalty shall be in addition to any other remedy provided by law. [Ord. 78-13 § 10.]