Chapter 13.30
SEPTAGE DISPOSAL
Sections:
13.30.020 Disposal of waste prohibited.
13.30.030 Permit to dispose septage required.
13.30.040 Fee for septage disposal established.
13.30.050 Delegation of authority to implement regulations for receipt and disposal of septage.
13.30.060 Regular sampling required.
13.30.080 Authority of supervisor and employees.
13.30.090 Appeal and hearing procedures.
13.30.110 Violation – Penalty.
13.30.010 Definitions.
As used in this chapter the following words and phrases will have the following meanings unless the context clearly indicates a different meaning:
“City” is the city of Lincoln City.
“Person” is as defined in LCMC 1.04.020.
“Public sanitary sewer” means any sanitary sewer constructed by the city or dedicated to the city.
“Septage” is septic material from residential and commercial (nonindustrial) septic systems and portable toilet waste collected within Lincoln County north of latitude 44.81 degrees north (Depot Bay) and within Tillamook County south of latitude 45.28 degrees (Beaver).
“Septage acceptance plant (SAP)” is the city’s receiving station for disposal of septage.
“Sewer system” means all of the mains, pumping facilities, treating and disposing facilities included in the wastewater treatment facilities of the city.
“STEP system” is a septic tank effluent pumping system, meaning a gravity septic tank system installed on public or private property.
“Supervisor” means the Lincoln City wastewater treatment plant supervisor.
“Suspended solids” are solids that either float in sewage or are in suspension in sewage, which are removable by a laboratory filtration device.
“Wastewater treatment plant (WWTP)” is the facility owned by the city used for receiving and treating sewage waste. (Ord. 2005-06 § 1)
13.30.020 Disposal of waste prohibited.
A. No person shall dispose of septage into the SAP at the WWTP if any part of the septage is prohibited by Chapter 13.20 LCMC or does not conform to regulations implemented pursuant to this chapter or other applicable law.
B. No person shall dispose of septage into or on private or public property in the city except as authorized by this chapter. Under no circumstances shall a person dispose of septage into or on any area of the WWTP with the exception of the SAP.
C. No person shall dispose of septage unless specifically authorized to do so by the supervisor under this chapter or any implementing regulation.
D. The supervisor shall decline to accept any septage which, without pretreatment, will be harmful to the structure, process or operation of the SAP or the WWTP, or detrimental to the quality of the effluent, or add unacceptable volume to the WWTP.
E. The supervisor shall not accept septage for disposal to the SAP with excessive BOD or excessive suspended solids in excess of normal septage. However, septage with excessive BOD or excessive suspended solids may be accepted if the person can show that the waste will not damage the WWTP facilities or impair the operation of the wastewater treatment process, and the measured volume and composition of waste will be discharged at a time when the supervisor can be present. (Ord. 2005-06 § 1)
13.30.030 Permit to dispose septage required.
No person shall discharge any septage into the SAP without first obtaining a septage discharge permit. Permits shall be issued by the city after approval of an application for permit based on a determination that the applicant has met all of the following:
A. The requirements of this chapter and other applicable ordinances and resolutions of the city;
B. The requirements of administrative regulations adopted to implement this chapter and other city laws, including but not limited to acknowledgment of receipt of regulations and completion of training in the use of the SAP, proof of automobile and liability insurance in the amounts required by the city, and proof of any licenses or conditions required by the city, Oregon Department of Environmental Quality or Environmental Protection Agency for collecting, transporting, and disposing of septage;
C. The payment of any license fee or cleaning and damage deposit, as established by resolution of city council;
D. The requirements of any applicable licensing regulation of the city, including but not limited to an occupation tax under LCMC 5.04.040;
E. The requirements of any other law, whether currently in effect or hereinafter adopted, applicable to the delivery and disposal of septage to the SAP at the Lincoln City WWTP. (Ord. 2005-06 § 1)
13.30.040 Fee for septage disposal established.
A. By resolution of the city council, the city may adopt a schedule of fees to recover its actual costs in implementing this chapter and accepting and treating septage. The fee shall be based on calculating treatment costs plus capital costs on a yearly basis, using volumes and numbers from the prior year, in the following methodology:
Cost to treat gallon of septage or (B/T = C) x (S)
+ Capital cost recovery of gallon septage
treated or (SAP / G = SG)
Total cost for handling septage
|
Where |
“B” is annual budget for WWTP “T” is total pounds TSS and septage received “C” is cost of treatment per lb. TSS and septage “S” is lbs. septage received “SAP” is capital construction costs of the SAP “G” is gallons septage received per year “SG” is capital cost per gallon of septage |
The methodology shall be used to calculate the charge per gallon for septage deposited at the SAP to current treatment standards required by the Department of Environmental Quality or the city’s National Pollution Discharge Elimination System permit (NPDES permit). Upon information, the city may also include other costs incurred by the city to provide for septage disposal and treatment, including any capital costs and costs of maintenance, repair, and operation of the SAP that are not otherwise assessed or charged.
B. Any fee adopted pursuant to this chapter may be revised on an annual basis as necessary, after the city council has approved the budget. (Ord. 2005-06 § 1)
13.30.050 Delegation of authority to implement regulations for receipt and disposal of septage.
The supervisor shall be responsible for administering the standards for persons to dispose of, and for the city to receive, septage in the city’s septage acceptance facility. These rules may implement any of the following standards:
A. Providing for application for a septage discharge permit;
B. Providing for a form of application, including such information as name, address, responsible party or employer, contact information including emergency communication contact, telephone number;
C. Requiring persons to acknowledge receipt of city regulations, to keep certain delivery and disposal records, and to adhere to city rules or other law applicable to disposal of septage;
D. Providing for mandatory training of any persons disposing of septage, including training in use of the SAP;
E. Providing for issuance of a permit or renewal of a permit upon satisfactory completion of application, payment of any fee adopted by the city, completion of training, and fulfillment of any other prerequisite to use of the SAP, including licensing and insurance requirements;
F. Providing for users to complete a form sufficient to track all loads delivered and deposited into the SAP and requiring persons to submit such forms;
G. Requiring a person to install and use any devices required to measure the volume and composition of septage to be discharged;
H. Requiring sampling or measurement of septage and payment for same;
I. Allowing for the supervisor or the supervisor’s designee to inspect, observe, measure, sample or test any septage proposed for disposal in compliance with the provisions of this chapter;
J. Implementing standards for prohibited materials, including material from grease traps or interceptors, landfills, garbage transfer sites, industrial sites, other wastewater treatment plants, STEP systems outside the city urban growth boundary, and any other material prohibited by the city or other agency with jurisdiction over treatment and discharge of pollutants at the WWTP;
K. Establishing hours of operation of the SAP, including regular hours, special hours during which a surcharge for disposal may apply to offset costs, and any other limitations on the SAP necessary to meet operational needs or budget requirements; and
L. Any other provision necessary to carry out the provisions of this chapter or other implementing regulation. (Ord. 2005-06 § 1)
13.30.060 Regular sampling required.
If there are any changes in the amount or characteristics of septage presented for disposal by a person to the SAP during the year, potentially causing any significant changes in the flow rate, BOD or suspended solids or any other characteristics of the city’s wastewater, the person shall report such changes to the city prior to disposal of septage. It is the person’s responsibility to make such tests from time to time as are necessary to comply with the terms of this section. (Ord. 2005-06 § 1)
13.30.070 Records required.
In addition to any tracking forms required for each disposal of septage, a person disposing of septage in the city shall maintain a log book noting the date, time, and volume and composition of septage brought per entry to the SAP for purposes of disposing septage. The log book shall be made available for inspection by the supervisor upon request at any time. Such log book shall not be considered a record kept or maintained by or on behalf of the city during the course of city business, unless otherwise required by the Oregon Public Records Law. (Ord. 2005-06 § 1)
13.30.080 Authority of supervisor and employees.
A. All of the powers granted under this chapter to the supervisor may be exercised by any employee duly authorized by the supervisor to exercise those powers; provided, that any hearing provided for herein shall be held by the supervisor, the city manager, or city council.
B. The supervisor shall be permitted access to any part of a vehicle containing septage and presented for disposal, where access is necessary for the purpose of inspecting, observing, measuring, sampling or testing to determine compliance with the provision of this chapter.
C. Refusal to allow the supervisor access to the vehicle under subsection (B) of this section shall constitute prima facie evidence of failure to comply with this chapter.
D. If the supervisor finds a person is in violation of any provision of this chapter or its implementing resolutions or regulations, the supervisor shall notify the person in writing stating the nature of the violation and providing a reasonable time for corrections to be made. In the absence of unusual circumstances, 10 days shall be considered a reasonable time. The person receiving the notice shall report to the supervisor within 10 days, in writing, stating what action has been taken and is being taken to correct the conditions constituting the violation. If the person does not correct the violation within the time required, or within any extension of time granted by the supervisor, the supervisor may take any or all of the following actions:
1. Temporarily suspend or permanently revoke a permit to dispose of septage.
2. Prohibit access to the SAP or the WWTP.
3. Require separate pretreatment of septage or other action to end the violation.
4. Require the person to pay a surcharge equal to the cost to the city of accommodating, treating, and disposing of any prohibited material or unlawful use.
5. Take any action provided by law to enforce this chapter or applicable law.
E. The supervisor is specifically authorized to close the SAP on a scheduled or unscheduled basis and refuse entry to any person whenever, in the supervisor’s discretion, conditions require such closure. To the extent possible, the supervisor or the supervisor’s designee shall make efforts to inform persons of anticipated closure. (Ord. 2005-06 § 1)
13.30.090 Appeal and hearing procedures.
A. Request for Hearing. Any person aggrieved by any order of the supervisor under this chapter, including denial of an application for permit, may obtain review of the decision upon filing a written request with the supervisor. The written request must be filed within the time for correcting the violation, or within any extension of time granted by the supervisor. Any such written request will temporarily suspend any permit suspension or revocation until after the hearing; provided, however, upon notice of request for hearing, the supervisor will set a date for hearing as soon as possible but no more than 14 days after receiving notice. At the hearing, the petitioner may present evidence to establish compliance with the relevant requirements of the chapter or regulation. After the hearing, the supervisor may continue the original order in effect, modify the order or withdraw the order, depending on the facts shown at the hearing.
B. Appeal to City Manager. Any person aggrieved by any order of the supervisor may appeal the order to the city manager. The form of appeal shall be a letter addressed to the city manager stating the nature of the decision of the supervisor, stating the reasons for the appeal, and explaining why the person believes that the decision of the supervisor should be modified or overturned. The appeal must be filed within five days after the person is notified of the supervisor’s decision. In the event of an appeal, the supervisor’s order shall be suspended until the appeal to the city manager is concluded and a decision rendered.
C. Hearing. The city manager shall schedule the matter for administrative hearing as soon as possible after receiving notice of appeal but no later than 14 days after receiving notice of appeal. The appeal shall be heard informally, with opportunity for the person aggrieved by the supervisor’s order to present evidence and argument. At the conclusion of the hearing, the city manager shall affirm the supervisor’s decision and deny the appeal, or accept the appeal and direct the supervisor accordingly, or effect any resolution including terms of settlement or agreement.
D. City Council. There shall be no further appeal of decision, except that the city manager may refer an appeal of the supervisor’s decision to the city council, who may schedule the appeal for hearing or decline to hear the appeal. If the city council declines to hear the appeal, the city manager shall hear the appeal as a final appeal. If the city council schedules a hearing, the city council shall hear the matter under the procedures set forth in this section.
E. Notices. Any notices required under this chapter may be delivered by first class mail in the U.S. Postal Service or via facsimile. Electronic transmission of notice by wireless device or Internet service will not be considered adequate notice unless the intended recipient confirms receipt and acceptance of any communication. (Ord. 2005-06 § 1)
13.30.100 Separability.
The provisions of this chapter are separable, and the invalidity of any part of this chapter shall not affect the validity of the remainder of the chapter. (Ord. 2005-06 § 1)
13.30.110 Violation – Penalty.
A. A violation of any provision of this chapter shall constitute a Class B violation, an offense punishable by payment of a fine of not more than $1,000, with each separate offense constituting a separate violation.
B. Any violation of this chapter may be additionally enforced as provided in LCMC 13.20.160(B) and other applicable provisions of the municipal code. (Ord. 2015-10 §§ 5, 6; Ord. 2005-06 § 1)