Chapter 13.15
NORTH VALLEY GENERAL SERVICE DISTRICT

Sections:

13.15.010    Definitions.

13.15.020    Permits and requirements for use of public sewers.

13.15.030    Private subservice sewage disposal.

13.15.040    Service connections.

13.15.050    Connection charges and assessments.

13.15.060    Building sewers and private sewers.

13.15.070    Unauthorized discharges and pretreatment of wastes entering public sewers.

13.15.080    Sewer service charges.

13.15.090    Protection from damage.

13.15.100    Powers and authority of inspectors.

13.15.110    Penalties.

13.15.120    Validity.

    Prior legislation: The previous North Valley General Service District chapter includes Ords. 88-11 and 88-11-E.

13.15.010 Definitions.

Unless the context specifically indicates otherwise, the meaning of terms used in this chapter shall be as follows:

“Authorized Representative” means a person or employee designated by the Board of County Commissioners to perform a specific function for the North Valley General Service District.

“Board” means the Board of County Commissioners of Josephine County acting as the governing body of the North Valley General Service District.

“BOD (Biochemical Oxygen Demand)” means 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 milligrams per liter.

“Building Drain” means that part of the lowest horizontal piping of a drainage system which receives the discharge from permitted drainage pipes inside the walls of a building and conveys it to the building sewer, which begins at a point outside the building wall as defined herein.

“Building Sewer” means that part of the horizontal piping of a drainage system which extends from the building drain to the property line, right-of-way line or easement line to the point of connection with the service connection.

“Connection Charge” means a fee levied by the District for connecting a public sewer or service connection to an existing public sewer or for connecting a private sewer to an existing public sewer or service connection.

“District” means the North Valley General Service District.

“Dwelling Unit” means one or more rooms designed for occupancy by one family.

“Natural Outlet” means any outlet into a watercourse, pond, ditch, lake, or other body of surface or groundwater.

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

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

“Private Sewer” means a building sewer which receives the discharge from more than one building drain and conveys it to a public sewer; said private sewer being controlled but not maintained by the District.

“Public Sewer” means a sewer in which all owners of abutting properties have equal rights and is controlled and maintained by the District.

“Sanitary Sewer” means a sewer which carries sewage and to which storm, surface, and groundwater are not intentionally admitted.

“Service Connection” means a sewer which has been or will be constructed to the property line, right-of-way line or easement line from a public sewer for the sole purpose of providing a connection for a building sewer or private sewer.

“Service Connection Assessment” means an assessment levied by the District on properties receiving service connections during the initial construction of any public sewer, either by owner request or by requirement of the District.

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

“Storm Drain” (or “Storm Sewer”) means a sewer which carries storm and surface waters and drainage, but excludes sewage and industrial wastes, other than unpolluted cooling water.

“Suspended Solids” means 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. 90-27 § 1.]

13.15.020 Permits and requirements for use of public sewers.

A. No unauthorized person shall uncover, make any connections with or opening into, alter, or disturb any sewer or appurtenances thereto and no person, firm or corporation shall make any connection to any part of the sewer system, public or private, without first making an application to the District and securing a permit therefrom.

B. 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 District or in any area under the jurisdiction of said District any human excrement, garbage, or other objectionable waste.

C. It shall be unlawful to discharge to any natural outlet within the District, or in any area under the jurisdiction of said District, any sewage, industrial wastes, or other polluted waters, except where suitable treatment has been provided.

D. Except as hereinafter provided, it shall be unlawful to construct or maintain any privy vault, septic tank, cesspool, or other facility intended or used for the disposal of sewage within the District, or in any area under the jurisdiction of said District.

E. The owner of any dwelling unit, building, or property used for human occupancy, employment, recreation, or other purposes, situated within the District and abutting on any street, alley, easement, or right-of-way in which there is now located or may in the future be located a public sanitary sewer of the District, is hereby required at his expense to connect directly with the proper public sewer in accordance with the provisions of this chapter. Such connection shall be made within 90 days after the date of official notice to do so, unless written notice of extension is given by the Board of County Commissioners; provided, that said public sewer is either available to the property, on the property or at a property line of said property and the structures or buildings are within 200 feet of the public sewer. Where existing buildings are too low to be served by gravity by an available sewer, the existing septic tank facilities may be maintained in use or, when so ordered by the District, approved pumping facilities shall be installed to pump the sewage into the available sanitary sewer system. The Josephine County Health Department may require those properties with houses or structures greater than 200 feet to hook up to the system where the Health Department determines that the existing septic tank or similar facility is functioning improperly.

1. Proposed new dwelling units, buildings or structures, so required to have suitable plumbing facilities under the provisions of this chapter, shall connect and be served by a public sanitary sewer of the District at the time of initial construction.

F. Private sewers, as defined in this chapter, may be approved by an authorized representative of the District in accordance with applicable regulations of the Oregon State Department of Environmental Quality Administrative Rules. Where a private sewer does not have direct access to a public sewer due to intervening property, that sewer within the limits of the intervening property shall be a public sewer, unless otherwise approved by an authorized representative of the District.

G. A minimum 20-foot-wide public utility easement shall be required wherever a public sewer is on private property. The easement be granted to the District prior to the District issuing approval to commence construction of the public sewer. The easement shall also provide for access by the District across any driveways or roadways on the grantor’s property, to the easement itself.

H. Public sewers shall be designed and constructed in accordance with standards and specifications for sewage collection systems which shall be established by an order adopted by the Board. [Ord. 90-27 § 2.]

13.15.030 Private subservice sewage disposal.

A. Regulation of private subsurface sewage disposal systems for the North Valley General Service District shall be in accordance with Josephine County Ordinance No. 82-21, as amended. Said Ordinance No. 82-21 established a North Valley urban service containment boundary and urban service policies for lands within said urban service containment boundary.

B. At such time as a public sewer becomes available to a property served by private subsurface sewage disposal system, as provided in JCC 13.15.020(E), a direct connection shall be made to the public sewer in compliance with this chapter. Any septic tanks, cesspools, and similar private sewage disposal facilities shall be abandoned within a 90-day period following connection to the District sewer. Abandonment shall be as follows:

1. The designated District employee shall notify the Josephine County Health Department when sewer connection has been made into the District’s sewer system.

2. Septic tank and cesspool contents shall be completely removed through pumping by a sewage cesspool worker who is bonded and licensed by the Oregon State Department of Environmental Quality. The waste shall be disposed of in a manner approved by the Josephine County Health Department. After pumping, the septic tank or cesspool cavity shall be backfilled with gravel, sand, or other material capable of giving uniform compaction. In case of the steel septic tanks it may be necessary to completely remove the lid to provide for adequate compaction. The abandonment shall be done to the satisfaction of the Josephine County Health Department.

3. The Health Department may require the backfilling of dry wells and seepage pits if it appears upon inspection that a hazard will result from not backfilling.

4. If unable to comply due to weather or other emergency condition, a written extension may be granted by the Josephine County Health Department for not over an additional 90 days.

C. The provisions of this chapter shall be in addition to and not in derogation of the requirements of the general law. [Ord. 90-27 § 3.]

13.15.040 Service connections.

A. Each dwelling unit or building used for human occupancy or any structure so required by the Oregon State Health Division or the Oregon State Plumbing Specialty Code shall have suitable plumbing facilities and shall be served by a service connection and building sewer. In cases of more than one dwelling unit or building located on an ownership, each separate dwelling unit or building shall be served by a separate service connection, unless otherwise approved by an authorized representative of the District.

1. The number of service connections required for the following types of structures or developments shall be established by an authorized representative of the District: single-family attached; multifamily; mobile home park; commercial or industrial.

B. All costs and expenses incidental to the installation of service connections shall be borne by the owner. The owner shall indemnify the District from any loss or damage that may directly or indirectly be occasioned by the installation.

C. Maintenance of service connections, once connected to by an approved building sewer, shall be the responsibility of the property owner. All costs and expenses incidental to such maintenance (i.e., cleaning and/or repairs) shall be borne by the owner.

D. Service connections shall be installed by either a licensed sewer contractor or licensed plumber that has been approved by the District. An authorized representative of the District shall inspect the installation for conformance with the requirements of this chapter.

E. The requirements of the District’s “Standards and Specifications for the Design and Construction of Sewage Collection Systems,” as well as applicable provisions of the current “Oregon State Plumbing Specialty Code”; the Oregon State Health Division’s OAR Chapter 333, Division 42 and this chapter are hereby made a part of this section as minimum requirements for the installation of service connections.

1. The licensed plumber or licensed sewer contractor shall be aware of the difference in elevation between the sewer main and the elevation of the existing or proposed building drain prior to beginning the installation in order to conform as near as possible to the required one-fourth inch per foot slope.

2. A permit to work in a public right-of-way shall be required from the Josephine County Public Works Department for any service connection installed within the limits of any deeded or dedicated public right-of-way. Said permit shall only be issued to a licensed sewer contractor or licensed plumber with the permit applicant being responsible to satisfy all conditions of the permit; the permit may prohibit the use of certain pipe materials.

3. Service connections, other than those extended from factory made tees during initial construction of a public sewer, shall be made in the following manner:

a. An opening shall be machine cut into the existing sewer by using a boring or cutting tool capable of producing a uniform circular hole of sufficient diameter to receive an approved flanged adapter.

The flanged adapter shall be of cast iron or other approved material and shall be mechanically secured to the existing sewer by use of an approved stainless steel band(s) placed around the existing sewer, unless otherwise approved by an authorized representative of the District. Only an approved epoxy adhesive or rubber gasket shall be used between the flanged adapter and existing sewer in a manner that makes the connection water-tight and root-tight.

The first section of service connection pipe shall be inserted into and fastened to the flanged adapter only by use of an approved flexible coupling.

Whenever the backfill height above the top of the existing sewer is equal to or greater than 12 feet, the first section of pipe shall be a standard length of cast iron soil pipe or ductile iron pressure pipe, as specific herein, fastened to the adapter with an approved flexible coupling.

4. The first fitting or section of pipe connecting to the public sewer shall enter said sewer at an angle between 20 degrees and 70 degrees above horizontal.

5. The upper end of a service connection pipe shall be six feet deep from the pipe flow line to the top of curb or finished ground surface, whichever is applicable, unless otherwise approved by an authorized representative of the District.

6. Wherever a service connection is installed and is to be extended at a later date, the upper end of the service connection shall be sealed with an approved cap or plug which is blocked against an undisturbed trench wall. A service connection marker shall be placed at this point and shall extend from the invert of the pipe to six inches above the finished ground surface. The marker shall be one-inch iron pipe or metal fence post material and the top six inches of the marker shall be painted white.

F. At any time when any improvement which is connected to the District’s system is destroyed by fire or is torn down and no longer connected to the sewer system, the owner thereof shall notify the District stating the date of destruction or removal of said improvements and thereafter there shall be no monthly service charge made to said property until new improvements are placed on said premises and connected to the sewer system. When the owner discontinues the use of the sewer facilities, such owner shall cause the sewer service connection line to be plugged at the property line if feasible or at the end of the building sewer if it is to be reused at a later date and to be marked in conformance with subsection (E)(6) of this section and recorded with the District. [Ord. 90-27 § 4.]

13.15.050 Connection charges and assessments.

A. Each dwelling unit or building required to connect to a public sewer under the provisions of this chapter shall pay a service connection assessment or a connection charge (whichever is applicable) for each separate service connection to the property as set forth in this section.

1. The amount of the service connection assessment for public assessment projects on properties receiving service connections during the initial construction of the public sewer shall be set out by an ordinance dealing specifically with the project in accordance with ORS Chapter 451 or Josephine County (Local Improvement District) Ordinance No. 84-2, as amended.

2. In the event application is made by a person to the District for approval to construct a public sewer, private sewer or service connection, said applicant shall pay a connection charge to the District, prior to the District issuing approval to commence construction. The amount of the connection charge shall be established by an order adopted by the Board and may be amended from time to time as the Board deems appropriate.

a. Public Sewer Connection. Three hundred dollars per dwelling unit to be served by the proposed public sewer.

b. Private Sewer Connection. As an extension from an existing service connection, $300.00 per dwelling unit to be served by the proposed private sewer, less $300.00 as a credit for the existing service connection.

As an extension from an existing public sewer or private sewer, $300.00 per dwelling unit to be served by the proposed private sewer.

c. Service Connection. Three hundred dollars per dwelling unit to be served by the proposed service connection.

For buildings or structures other than dwelling units as defined in said District ordinance, the connection charge shall be determined based upon the number of equivalent dwelling units. The number of such units shall equal the total estimated sewage flow into the subject connection divided by a base of 300 gallons per day per equivalent dwelling unit. Estimated sewage flows shall be determined by an authorized representative of the District.

B. In the event that the owner or occupant of any real property desires a service connection in order to have said property or the structure or structures thereon connected with a public sewer line being provided by the District, and said real property has never been assessed or has not been fully assessed an amount determined, in accordance with the assessment policies of the District, to be equitable for the benefit received from making the requested connection; he then shall pay an “equalization levy” in an amount established by an order adopted by the Board which may be amended from time to time as the Board deems appropriate. This payment shall be in addition to any connection charge and shall be paid prior to the issuance of a sewer permit.

1. Equalization levy: Five hundred dollars.

C. Money received from subsections (A)(2) and (B) of this section shall be placed in a fund designated by the Board to be used for operation and maintenance of District facilities.

D. The balance of all sanitary sewer assessments on a parcel being subdivided shall be paid in full prior to acceptance by the District of any sanitary sewer serving the subdivision. [Order 92-60; Ord. 90-27 § 5.]

13.15.060 Building sewers and private sewers.

A. Where service is desired by a person whose property does not have direct access to a public sewer due to intervening private property, said person shall submit to the District a copy of a recorded easement stating his right to construct and maintain a sewer on said intervening property prior to the District’s issuance of a permit for the sewer.

B. An inspection permit fee, in an amount established by an order adopted by the Board, which may be amended from time to time as the Board deems appropriate, as well as any connection charge and equalization levy, if applicable, shall be paid to the District’s authorized representative at the time application is made for a sewer permit.

1. All accounts due on a parcel shall be brought current prior to: the District’s issuance of additional permits for said parcel; or performing a proration due to segregation of said parcel.

2. The inspection (permit) fee shall equal the minimum fee established by the current “Oregon State Plumbing Specialty Code.”

C. All costs and expenses incidental to the installation and connection of the building sewer shall be borne by the owner. The owner shall indemnify the District from any loss or damage that may directly or indirectly be occasioned by the installation.

D. Building sewers may be installed by the property owner in conformance with the provisions of this chapter.

E. Old building sewers may be used to connect to new structures or new building sewers only when they are found, after being inspected and tested by an authorized representative of the District, to meet all requirements of this chapter.

F. All applicable provisions of the current “Oregon State Plumbing Specialty Code” are hereby made a part of this section as minimum requirements for the installation and connection of building sewers and private sewers.

1. The building sewer or private sewer shall conform to one of the following materials and its current specification references:

a. Cast iron soil pipe and fittings conforming to ASTM A-74 (or Federal Specification WW-P-401e), with approved flexible couplings or rubber gasketed joints.

b. Asbestos cement nonpressure pipe with rubber ring joints conforming to ASTM C-428.

c. Nonreinforced concrete pipe with rubber gaskets conforming to ASTM C-14.

d. Poly (vinyl chloride) (PVC) pipe and fittings, Type PSP or PSM conforming to ASTM D-3033 or ASTM D-3034, respectively, with rubber ring joints conforming to ASTM D-1869.

e. Acrylonitrile-Butadiene-Styrene (ABS) pipe and fittings conforming to ASTM D-2661 (DWV), ASTM D-2680 (Composite) or ASTM D-2751 (SDR 35).

f. Ductile iron pressure pipe conforming to AWWA C-151 or ANSI A-21.51 with rubber ring joints conforming to AWWA C111 or ANSI A21.11 or other approved flexible couplings.

g. Other materials approved by the District and the “Oregon State Plumbing Specialty Code.”

2. Where pipe will be subject to vehicular traffic and have less than three feet of cover, it shall be constructed of only those materials approved for use within a building.

3. All excavations required for the installation of a building sewer or private sewer shall be open trench work unless otherwise approved or required by an authorized representative of the District. No backfilling of the trench shall be done until receipt of written approval from the district. The foundation for bedding of the sewer pipe may be undisturbed granular material. If over-excavation occurs in the trench bottom, it shall be brought to grade and compacted with three-fourths to zero inch rock, pea gravel, sand or combination thereof, or with trench side granular material which shall provide a stable foundation. Unstable material shall be removed to a depth of at least four inches and backfilled with three-fourths to zero inch rock, pea gravel, sand or combination thereof. Backfill around the pipe and to a point 12 inches above shall be selected trench side material hand placed and hand tamped, with no material larger than one inch. Minimum cover shall be 18 inches above the top of the pipe.

4. Connection of a new building sewer or private sewer to an existing service connection at the property line, right-of-way line or easement line shall be with an approved adapter, flexible coupling or combination thereof. No concrete closure collars shall be used in making any of these conditions.

5. The first fitting at the service connection with the building sewer or private sewer shall be a wye furnished by the owner. The wye shall be used for inserting a test plug for water testing the building sewer or private sewer and as an auxiliary clean out. The wye branch shall extend to grade and shall be sealed with an approved cap or plug. Additional sections of pipe, as necessary, above the wye fitting, shall be at the site and installed immediately following the hydrostatic test and while the District’s authorized representative is at the site. Approval of the installation will only be issued after all pipe has passed the required hydrostatic test and backfilling around all pipe and clean out risers has been completed to the satisfaction of the District’s authorized representative. Such backfilling shall be accomplished immediately following the successful completion of the hydrostatic test.

6. The last fitting connecting the building sewer to the building drain or connecting a new building sewer to an inspected and approved old building sewer shall be a wye fitting furnished by the owner. On a multiple connection of more than one building drain to a building sewer, a wye fitting shall be installed at each building drain. The fitting shall be used for filling of the building sewer for hydrostatic testing and for a clean out. The wye branch shall extend to grade and shall be sealed with an approved cap or plug.

7. The building sewer shall be laid at uniform grade and in straight alignment. Changes in direction shall only be made with pipe fittings at no greater than 45-degree bends.

8. All joints and connections shall be made watertight.

9. Building sewers serving buildings with basements shall, whenever possible, be brought to the building at an elevation below the basement floor.

10. The applicant for a sewer permit shall notify the District when the building sewer is ready for inspection. A hydrostatic test or the equivalent will be required on all building sewers. All water and other facilities for making the test shall be furnished by the applicant. The plug for testing shall be furnished by the licensed plumber or sewer contractor when the entire installation is made by a plumber or sewer contractor. The plug for testing shall be furnished by the District when the building sewer is laid by the property owner.

11. For any public water system, as defined and regulated by the Oregon State Health Division under OAR Chapter 333, Division 42, separation of sewer lines from components of such water systems shall be in conformance with said rules. [Order 92-60; Ord. 90-27 § 6.]

13.15.070 Unauthorized discharges and pretreatment of wastes entering public sewers.

A. No person shall discharge or cause to be discharged any stormwater, surface water, groundwater, roof run-off, subsurface drainage, cooling water, or unpolluted industrial process water to any sanitary sewer.

1. Stormwater 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 District. Industrial cooling water or unpolluted process water may be discharged, upon approval of the District, to a storm sewer or natural outlet.

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

1. Any liquid or vapor having a temperature higher than 140 degrees Celsius.

2. Any gasoline, grease, oils, paints, benzine, naphtha, fuel oil, or other flammable or explosive liquid, solid or gas.

3. 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 obstructions to the flow in sewers or other interference with the proper operation of the sewage works.

4. 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.

5. 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.

6. Any water 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.

7. 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 District.

C. Grease, oil and sand interceptors shall be provided for hotels, restaurants, eating houses, or other public eating establishments and other structures when, in the opinion of the District, they are necessary for the proper handling of liquid wastes containing grease in excessive amount, or any flammable wastes, sand and other harmful ingredients, except that such interceptors shall not be required for private living quarters. All interceptors shall be of a type and capacity approved by the District and shall be located so as to be readily and easily accessible for cleaning and inspection, and shall be maintained by the owner, at his expense, in continuously efficient operation at all times.

D. The admission into the public sewers of any waters or wastes having (1) a five-day biochemical oxygen demand greater than 300 parts per million by weight, or (2) containing more than 300 parts per million by weight of suspended solids, or (3) having an average daily flow greater than two percent of the average daily sewage flow of the District shall be subject to the review and approval of the District. Where necessary in the opinion of the District, the owner shall provide, at his expense, such preliminary treatment as may be necessary. Plans, specifications, and any other pertinent information relating to the proposed preliminary treatment facilities shall be submitted for the approval of the District and of the Oregon State Department of Environmental Quality, and no construction of such facilities shall be commenced until said approvals are obtained in writing. [Ord. 90-27 § 7.]

13.15.080 Sewer service charges.

A. For the purpose of providing funds with which to pay the cost of operating and maintaining the District’s sewage collection system and wastewater treatment plant, capital improvements and debt service, rates and charges for the use and benefits of the facilities afforded by the sewage collection system and wastewater treatment plant of said District are to be collected by the District from each owner of record on file with the County Assessor whose premises have connection with said collection system of said District or are located within 200 feet of a public sewer as stated in JCC 13.15.020(E), or are served thereby. The rates and amounts of the sewer service charges established by District Order 92-60 are amended as follows:

MONTHLY SEWER SERVICE CHARGE:

(Residential, Commercial and Other Establishments, Industrial)

Base Flat Rate

$50.00

Volume Charge

$3.16/unit* of water

* 1 unit = 100 cubic feet of water or approximately 748 gallons. Volume shall be determined based upon actual metered water consumption. If there is no metered service at the premises, volume shall be determined based upon the average water consumption of all of the metered premises within the North Valley General Service District for the previous calendar year.

The rates and amounts of the sewer service charges may be amended from time to time, by Board order, as the Board deems appropriate.

B. The rates and charges aforesaid shall be paid to and collected by Josephine County, Oregon, under authority provided by the Joint Sewer Service Agreement between the District and County, dated July 13, 1988, or by the County’s designee pursuant to ORS 451.510, on a monthly basis. The full monthly rate shall apply for use beginning at any time from the first to the fifteenth of the month; otherwise charges shall commence on the first of the following month.

C. If such rates and charges are not paid when due by any such person, firm or corporation whose premises are served by said sewage collection system and wastewater treatment plant or who are subject to the rates herein provided to be paid, the amount or amounts so unpaid shall be certified by the County to the County Assessor of Josephine County, Oregon, pursuant to ORS 451.520, and shall by the Assessor be assessed against the premises serviced and shall be collected and paid over to the fund designated by the Board to be used for operation and maintenance of District facilities, in the same manner as other taxes are assessed, collected and paid.

D. Bills shall be mailed monthly and shall charge for one month of service. All charges shall be due and payable within the calendar month following the billing date, as designated by billing provided by Josephine County or the County’s designated billing agent pursuant to ORS 451.510. All accounts having a previously unpaid balance due at any billing cycle shall be considered delinquent, and shall have a penalty charge in an amount established by Josephine County or the County’s designated billing agent pursuant to ORS 451.510, and shall be added to any account having a previously unpaid balance due at any billing cycle. The penalty charge may be amended from time to time, by Board order, as the Board deems appropriate.

E. Charges collected for such sewage service and facilities shall be paid into the fund designated by the Board to be used for operation and maintenance of District facilities, and shall be used for the operation and maintenance of said sewage collection system and wastewater treatment plant, capital improvements and debt service. User charges shall be annually reviewed by the District and periodically revised to reflect actual treatment works operation and maintenance costs.

F. Vacancy credits shall be allowed for each full calendar month that a unit stands vacant. Written application for such vacancy credit must be filed with the Josephine County Public Works Department, after the vacancy occurred and the fact of such vacancy is established. This vacancy credit shall not apply to transient units. [Order 2015-008; Order 2015-005; Order 92-60; Ord. 90-27 § 8.]

13.15.090 Protection from damage.

No person, or persons, shall unlawfully, maliciously, willfully, or, as the result of gross negligence on his or their part, break, damage, destroy, uncover, deface, or tamper with any structure, facility, appurtenance or equipment which is a part of the sanitary sewer system of the District. This section does not apply, however, to any employee of the District during the time he is engaged in his official employment, nor to any person or persons authorized to work in any manner thereon. [Ord. 90-27 § 9.]

13.15.100 Powers and authority of inspectors.

Any duly authorized employee of the District shall be permitted to enter upon all properties for the purposes of inspection, observation, measurement, sampling and testing. [Ord. 90-27 § 10.]

13.15.110 Penalties.

A. Any person, firm, or corporation violating any of the terms or provisions of this chapter shall upon conviction thereof by the court having jurisdiction, be punished by a fine of not more than $250.00 or imprisonment of not more than 30 days, or both.

B. The violator of this chapter may be prosecuted by the District in the name of the District or as otherwise provided by law, may be made the defendant in a civil proceeding by the District seeking redress of the violation. [Ord. 90-27 § 11.]

13.15.120 Validity.

If any clause, sentence, paragraph or part of this chapter, shall, for any reason, be adjudged by any court of competent jurisdiction to be invalid, such judgment shall not affect the remainder of this chapter or impair or invalidate it in any manner, but shall be confined in its operation to the clause, sentence, paragraph or part thereof directly involved in the controversy in which such judgment shall have been rendered. [Ord. 90-27 § 12.]