Chapter 13.15
SEWER
Sections:
13.15.020 Use of public sewers required.
13.15.030 Private sewage disposal.
13.15.040 Building sewers and connections.
13.15.050 Use of the public sewers.
13.15.060 Protection from damage.
13.15.070 Powers and authority of officials.
13.15.080 Fees, service rates and billing.
Legislative history: Ords. 650, 651, 689 and 690.
13.15.010 Definitions.
Unless the context specifically indicates otherwise, the meaning of terms used in this chapter shall be as follows:
“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 C, which shall be expressed in parts per million by weight.
“Building sewer” shall mean the extension from the building drain to the public sewer or other place of disposal.
“Garbage” shall mean solid wastes from the preparation, cooking, and dispensing of food, and from the handling, storage, and sale of produce.
“Industrial wastes” shall mean the liquid wastes from industrial processes as distinct from domestic sanitary sewage.
“pH” shall mean the logarithm of the reciprocal of the weight of hydrogen ions in grams per liter of solution.
“Properly shredded garbage” shall mean the wastes from the preparation, cooking, and dispensing of food that have been shredded to such degree that all particles will be carried freely under the flow conditions normally prevailing in public sewers, with no particle greater than one-half inch in any dimension.
“Public sewer” shall mean all facilities for collecting, pumping, treating, and disposing of sewage and which are owned, operated and maintained by the city.
“Sewage” shall mean a combination of the water-carried wastes from residences, business buildings, institutions, and industrial establishments, together with such ground, surface, and stormwaters as may be present.
“Storm sewer” or “storm drain” shall mean a sewer which carries storm and surface waters and drainage, but excludes sewage and polluted industrial wastes.
“Suspended solids” shall mean solids that either float on the surface of, or are in suspension in, water, sewage, or other liquids, and which are removable by laboratory filtering. [Ord. 214 § 1, 1953].
13.15.020 Use of public sewers required.
(1) It shall be unlawful for any person to place, deposit, or permit to be deposited in an unsanitary manner upon public or private property within the city of Myrtle Creek, or in any area under the jurisdiction of the city, any human or animal excrement, garbage, or other objectionable waste.
(2) It shall be unlawful to discharge to any natural outlet within the city of Myrtle Creek, or in any area under the jurisdiction of the city, any sewage, industrial wastes, or other polluted waters, except where suitable treatment has been provided in accordance with the provisions of this chapter.
(3) Except as hereinafter provided, it shall be unlawful to construct or maintain any privy, privy vault, septic tank, cesspool, or other facility intended or used for the disposal of sewage.
(4) The owner of any house, building, or structure used for human occupancy, employment, recreation, or other purposes, situated within the city limits and located on property that is within 200 feet of a public sanitary sewer that is capable of serving the house, building or structure as determined by the public works director, is hereby required at his expense to install suitable toilet facilities therein, and to connect such facilities directly with the public sewer in accordance with the provisions of this chapter. [Ord. 214 § 2, 1953].
13.15.030 Private sewage disposal.
(1) Where the public works director has determined that a public sewer is not available under the provisions of MCMC 13.15.020, the building sewer shall be connected to a private sewage disposal system complying with the provisions of this chapter.
(2) Before commencement of construction of a private sewage disposal system, the owner shall first obtain a permit from the Oregon Department of Environmental Quality.
(3) The type, capacities, location, and layout of a private sewage disposal system shall comply with all regulations of the Oregon Department of Environmental Quality. No septic tank or cesspool shall be permitted to discharge to any storm sewer or natural outlet.
(4) At such time as a public sewer becomes available to a property served by a private sewage disposal system, as determined by the public works director, 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 that septic tanks used in conjunction with an approved septic tank effluent pumping system may continue to be used.
(5) The owner shall operate and maintain the private sewage disposal facilities in a sanitary manner at all times, at no expense to the city.
(6) No statement contained in this chapter shall be construed to interfere with any additional requirements that may be imposed by the city of Myrtle Creek or the state of Oregon. [Ord. 214 § 3, 1953].
13.15.040 Building sewers and connections.
(1) No unauthorized person shall uncover, make any connections with or opening into, use, alter, or disturb any public sewer or appurtenance thereof without first obtaining a written permit from the public works director. All building sewers shall be constructed in conformance with current Uniform Plumbing Code requirements.
(2) 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.
(3) A separate and independent building sewer shall be provided for every building unless plans for a common building sewer are approved by the public works director. All persons, firms, or corporations which shall make any sewer connection with any part of the public sewer system or storm drain of the city of Myrtle Creek under the provisions of this chapter hereby agree in consideration of the city of Myrtle Creek granting them a permit to so connect to the public sewer system or storm drain that they will perpetually save the city harmless from any and all backflow, seepage or drainage resulting in damage in any way whatsoever or caused by the public sewer system and/or storm drain to their property; and further covenant and agree that for the above consideration the said city will not in any way be responsible for any damage whatsoever caused by any backflow, seepage, or drainage caused by the public sewer system and/or storm drain to their property.
(4) Old building sewers may be used in connection with new buildings only when they are found, on examination and test by the public works director, to meet all requirements of this chapter.
(5) The person installing the building sewer 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 his representative.
(6) 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 public works director. [Ord. 214 § 4, 1953].
13.15.050 Use of the public sewers.
(1) No person shall discharge or cause to be discharged any stormwater, surface water, ground water, roof runoff, subsurface drainage, cooling water or unpolluted industrial process waters to the public sewer system.
(2) Stormwater and all other unpolluted drainage shall be discharged to the storm sewer, or to a natural outlet approved by the public works director. Industrial cooling water or unpolluted process waters may be discharged, upon approval of the public works director, to a storm sewer.
(3) Except as hereinafter provided, no person shall discharge or cause to be discharged any of the following described waters or wastes to any public sewer:
(a) Any liquid or vapor having a temperature higher than 150 degrees Fahrenheit.
(b) Any water or waste which may contain more than 100 parts per million, by weight, of fat, oil, or grease.
(c) Any gasoline, benzene, naphtha, fuel oil, or other flammable or explosive liquid, solid or gas.
(d) Any garbage that has not been properly shredded.
(e) Any ashes, cinders, sand, mud, straw, shavings, metal, glass, rags, feathers, tar, plastics, wood, paunch manure, or any other solid or viscous substance capable of causing obstruction to the flow in sewers or other interference with the proper operation of the public sewer system.
(f) Any waters or wastes having a pH lower than 5.5 or higher than 9.0, or having any other corrosive property capable of causing damage or hazard to structures, equipment, or public works personnel.
(g) Any waters or wastes containing a toxic or poisonous substance in sufficient quantity to injure or interfere with any sewage treatment process, constitute a hazard to humans or animals, or create any hazard in the receiving waters of the sewage treatment plant.
(h) Any waters or wastes containing suspended solids of such character and quantity that unusual attention or expense is required to handle such materials at the sewage treatment plant.
(i) Any noxious or malodorous gas or substance capable of creating a public nuisance.
(4) Grease, oil and sand interceptors 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, and other harmful ingredients; except that such interceptors shall not be required for private living quarters or dwelling units. All interceptors shall be of a type and capacity approved by the public works director, and shall be accessible for cleaning and inspection.
(5) Where installed, all grease, oil and sand interceptors shall be maintained by the owner, at his expense, continuously in efficient operation at all times.
(6) The admission into the public sewer of any waters or wastes having: (a) a five-day biochemical oxygen demand greater than 300 parts per million by weight, or (b) containing more than 350 parts per million by weight of suspended solids, or (c) containing any quantity of substances having the characteristics described in this section having an average daily flow greater than one percent of the average daily sewage flow of the city, shall be subject to the review and approval of the public works director. Where necessary in the opinion of the public works director, the owner shall provide, at his expense, such pretreatment as may be necessary to: (a) reduce the biochemical oxygen demand to not more than 300 parts per million and the suspended solids to not more than 350 parts per million by weight, or (b) reduce the objectionable characteristics or constituents to within the maximum limits provided for in this section or control the quantities and rates of discharge of such waters or wastes. Plans, specifications, and any other pertinent information relating to proposed pretreatment facilities shall be submitted for the approval of the public works director and of the Oregon Department of Environmental Quality, and no construction of such facilities shall be commenced until said approvals are obtained in writing.
(7) Where pretreatment facilities are provided for any waters or wastes, they shall be maintained continuously in satisfactory and effective operation, by the owner at his expense.
(8) When required by the public works director, the owner of any property served by a building sewer carrying industrial wastes shall install a suitable control manhole in the building sewer to facilitate observation, sampling and measurement of wastes. Such manhole, when required, shall be accessibly and safely located, and shall be constructed in accordance with plans approved by the superintendent. The manhole shall be installed by the owner at his expense, and shall be maintained by him so as to be safe and accessible at all times.
(9) All measurements, tests, and analyses of the characteristics of waters and wastes shall be determined in accordance with “Standard Methods for the Examination of Water and Sewage” and shall be determined at the control manhole, or upon suitable samples taken at said control manhole. In the event that no special manhole has been provided, 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.
(10) No statement contained in this section 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. 214 § 5, 1953].
13.15.060 Protection from damage.
No unauthorized person shall maliciously, willfully, or negligently break, damage, destroy, uncover, deface or tamper with any structure, appurtenance, or equipment which is part of the public sewer system. Any person violating this section shall be subject to immediate arrest under charge of disorderly conduct. [Ord. 214 § 6, 1953].
13.15.070 Powers and authority of officials.
The public works director and other duly authorized employees of the city bearing proper credentials and identification shall be permitted to enter upon all properties for the purpose of inspection, observation, measurement, sampling, and testing, in accordance with the provisions of this chapter. [Ord. 214 § 7, 1953].
13.15.080 Fees, service rates and billing.
(1) Fees, service rates and other charges for sewer service shall be established by the city of Myrtle Creek handbook of fees and charges. A separate service connection charge shall be paid for each dwelling unit, including each single-family dwelling and each dwelling unit in a multifamily dwelling, and each commercial unit whether in a single occupancy premises or a joint premises. A unit is described as each separate store, office, or occupied space or rental on the same premises of every name, nature, and description.
(2) All charges for sewer service during any month shall be paid not later than 20 days after the billing date. Bills which remain unpaid for more than 20 days after the billing date shall be considered delinquent. If a customer’s account remains delinquent for more than 10 days, the water service may be turned off at the premises against which the delinquent sewer charges are owing. When so turned off, the water shall not be turned on again until a reconnect fee established in the city of Myrtle Creek handbook of fees and charges, plus the delinquent portion of the customer’s sewer account balance, has been paid. If the customer’s account remains delinquent for more than 30 days, the amount owed shall be deducted from the customer’s water service account deposit, the customer’s sewer and water accounts may be closed and any remaining deposit balance shall be returned to the customer at the customer’s last known mailing address. The customer shall be responsible for keeping the city informed as to the customer’s current mailing address. The customer shall be defined as the person or persons in whose name the sewer service account is registered.
The property owner of record shall be responsible for the payments of all sewer charges prescribed by the ordinances of the city of Myrtle Creek. If any person other than the owner of the property shall apply for water and sewer service at the property and the account shall be delinquent for a period of 60 days, the city shall submit the bill for unpaid sewer charges to the property owner of record who shall be responsible therefor.
Sewer charges shall be a lien against the premises from and after the date of billing and entry on the ledger or other records of the city pertaining to sewer charges. Such ledger or other records shall remain accessible for inspection by anyone interested in ascertaining the amount of such charges against the property. Whenever a bill for sewer charges remains unpaid for 90 days after the rendering of said bill, the lien thereby created may result in the city’s refusal to service the property or if remaining unpaid, the sewer charges may be certified to the county tax collector in accordance with the previsions of ORS 454.225.
(3) Sewer service charges shall continue to be levied against the customer’s account until the customer requests the city to turn off the water service at the premises, or in the case of a delinquent account, until the city turns off the water service. [Ord. 750 § 1, 2006; Ord. 214 § 8, 1953].
13.15.090 Penalties.
A violation of a provision of this chapter is punishable by a fine not to exceed $500.00. [Ord. 214 § 9, 1953].