Chapter 13.12 SEWAGE DISPOSAL SYSTEM

Unless the context specifically indicates otherwise, the following words, terms and phrases when used in this chapter shall have the meanings set forth in this section, whether appearing in capital or lower case form:

"Act" or "the Act" means the Federal Water Pollution Control Act, also known as the Clean Water Act, as amended, 33 U.S.C. 1251, et seq.

"Approval authority" means the administrator of the Region X Environmental Protection Agency and/or the Department of Environmental Quality Director.

"Authorized representative of industrial user" means a duly authorized representative of the individual industrial user who is responsible for the overall operation of the facilities from which the indirect discharge originates.

Authorized Representative or Participant. See "participant’s representative."

Authorized Representative of Plant. See "plant superintendent."

"Biochemical oxygen demand (BOD)" means the quantity of oxygen utilized in the biochemical oxidation of organic matter under a standard laboratory procedure in five days at a temperature of twenty degrees centigrade, expressed in milligrams per liter, or parts per million by weight. Laboratory determinations shall be made in accordance with procedures set forth in Standard Methods.

"Board of directors" or "board" means the board of directors of the city of Phoenix.

"Building drain" means that part of the lowest piping of a building drainage system which receives the discharge from soil, waste and other drainage pipes within or adjoining the building or structure and conveys the same to the building sewer which begins at a point five feet outside the established line of the building or structure including any structural projection except eaves.

"Building sewer" means the part of the horizontal piping of a drainage system which extends from the end of the building drain and which receives the discharge of the building drain and conveys it to a service connection, individual sewage disposal system or other point of disposal and is under the jurisdiction of the city, is not maintained by the city, but by the property owner.

"City" means the city of Medford or its duly authorized representative.

"City of Phoenix" means the city of Phoenix, a local government agency in the state of Oregon, having jurisdiction within certain defined boundaries as now or hereafter constituted, acting through its city council.

"City of Phoenix sewerage system" means all or any part of the facilities for collection, pumping, treating and disposing of sewage as acquired, constructed or used by the city as a part of its master plan.

"Combined sewer" or "system" means a conduit or system of conduits in which both sewage and stormwater are transported.

"Commercial building" means all buildings or premises used for any purpose other than a dwelling unit, but not an industrial user.

"Compatible pollutant" means biochemical oxygen demand, suspended solids, pH and fecal coliform bacteria, plus additional pollutants which the publicly owned treatment works (POTW) is designed to treat.

"Cooling water" means the water discharged from any use such as air conditioning, cooling or refrigeration, or to which the only pollutant added is heat.

"DEQ" means the Department of Environmental Quality which is an agency of the state of Oregon which prescribes state standards requirements relating to the treatment and disposal of wastewater.

"Direct discharge" means the discharge of treated or untreated wastewater directly to the water of the state of Oregon.

"Dwelling units" means buildings and structures that are constructed and used primarily for residential purposes.

"Engineer" means the engineer duly appointed by a local government agency or the owner of private sewers to supervise and direct the design and construction of local sewerage facilities, acting personally or through agents or assistants duly authorized by him, such agents or assistants acting within the scope of the particular duties assigned to them.

"Garbage" means solid wastes originating from the preparation, cooking and dispensing of food, and from the handling, storage and sale of produce.

"Grab sample" means a sample which is taken from a waste stream on a one-time basis with no regard to the flow in the waste stream and without consideration of time.

"Holding tank waste" means any waste which has been stored in holding tanks, chemical toilets, campers, trailers, septic tanks and vacuum-pump tank trucks.

"Horizontal pipe" means any pipe or fitting which is installed in a horizontal position or which makes an angle of not more than forty-five degrees with the horizontal.

"Indirect discharge" means the discharge or the introduction of nondomestic pollutants from any source regulated under Section 307(b) or (c) of the Act, (33 U.S.C. 1317) into the POTW (including holding tank waste discharged into the system).

"Industrial user" or "user" means all sewer users which discharge on industrial waste as defined in this section.

"Industrial waste" means any flow discharged into a sanitary sewer which originates from a user and meets the criteria for characteristics, quantity and constituents defined by this chapter.

"Industrial waste discharge permit" means a permit to discharge industrial wastes into the wastewater collection and treatment system issued under the authority of this chapter and which prescribes certain discharge requirements and limitations.

"Interceptor" means a sanitary sewer which receives the flow from a number of trunk, main or lateral sewers and transports it to a treatment plant or other point of disposal. Generally an interceptor collects the flow from a number of trunks, mains or laterals which would otherwise discharge to a natural outlet.

"Interference" means the inhibition or disruption of the sewage collection system, treatment processes or operations or which causes a violation of the POTW NPDES permit and/or prevents disposal of wastewater sludge in accordance with applicable regulations for sludge disposal.

"Joint-use trunk agreement" means the agreement between the city of Phoenix and any local government agency or person providing for the delivery or receipt of wastewater to or from the city sewerage system and the acceptance or delivery by the city of such wastewater.

"Lateral" means a sanitary sewer which will receive the flow from service connections and discharges into a main, trunk or interceptor.

"Local government agency" means any legally constituted city, town, county, special district or other public agency under whose jurisdiction local sewerage facilities may be constructed or operated.

"Main" means a sanitary sewer which will receive the flow from one or more laterals and which will discharge into a trunk or interceptor.

"Manager" means the manager or chief administrator of the city of Phoenix or his designated representative.

"Manager/plant superintendent" indicates that the city of Phoenix manager will act as a liaison between the plant superintendent and the industrial user. This will ensure that the manager will be kept informed on permit matters and requirements placed on the user by the plant superintendent. The plant superintendent is the ultimate authority in administering the industrial waste pretreatment program.

"May" is permissive.

"National Categorical Pretreatment Standard or Pretreatment Standard" means any regulation containing pollutant discharge limits promulgated by the EPA in accordance with Section 307(b) and (c) of the Act (33 U.S.C. 1347) which applies to a specific category of industrial users.

"NPDES" National Pollutant Discharge Elimination System is a permit issued by the Oregon Department of Environmental Quality which prescribes operating and effluent limitations relating to the treatment of sewage.

"National Prohibitive Discharge Standard or Prohibitive Discharge Standard" means any regulation developed under the authority of 307(b) of the Act, and 40 CFR, Section 403.5.

"Natural outlet" means an outlet into a pond, lake, stream, river, ditch, watercourse or other body of surface water.

"Participant" means a governmental entity that is party to a certain agreement dated March 3, 1969, and subsequent amendments between the cities of Medford, Central Point, Phoenix and Jacksonville. This term shall apply in the future to any governmental entity meeting the criteria described in the amended 1969 agreement.

"Participant’s representative(s)" means a person or persons designated by a participant’s governing body to represent it in technical and legal matters relating to industrial waste discharge control.

Names of persons so designated by a participant shall be on record in the Regional Sewer Rate Committee minutes and in the files of the plant superintendent. The participant’s representative shall act jointly with the plant superintendent to ensure the objectives of this chapter are met both with respect to industries within the jurisdiction of the participant and with respect to the collection and treatment facilities. Specific examples may be, but are not limited to, the manager of the city of Phoenix, the person responsible for providing engineering services for the participant, either as an employee or on a retainer basis, director of public works, or his designee.

"Person" means any individual, partnership, firm, company, corporation, association, joint stock company, trust, estate, governmental entity or any other legal entity, or their legal representatives, agents or assigns. The masculine gender shall include the feminine, the singular shall include the plural where indicated by the context.

"pH" means the common logarithm of the reciprocal of the hydrogen ion concentration. pH shall be determined by one of the procedures outlined in Standard Methods. (pH is a measure of acidity or alkalinity.)

"Plant" means the Medford regional water quality control plant at 1100 Kirtland Road, Central Point, Oregon.

"Plant superintendent" means the superintendent of the Medford regional water quality control plant, or his duly designated representative, with authority to administer the industrial waste pretreatment program and respond to the requirements of regulatory agencies with respect to the NPDES permit held by the Medford regional water quality control plant.

"Pollution" means the man-made or man-induced alteration of the chemical, physical, biological and radiological integrity of water.

"POTW" means publicly owned treatment works, in most cases refers to the Medford regional water quality control plant.

"Pressure sewer" means a sewer receiving flow directly from a pump station and discharging under pressure into an interceptor, trunk, main, lateral, another pumping station, or treatment plant.

"Pretreatment" or "treatment" means the reduction of the amount of pollutants, the elimination of pollutants, or the alteration of the nature of pollutants, or the alteration of the nature of pollutant properties in wastewater to a less harmful state prior to or in lieu of discharging or otherwise introducing such pollutants into the POTW. The reduction or alteration can be obtained by physical, chemical or biological processes, or process changes by other means, except as prohibited by 40 CFR Section 13.16.410.

"Private sewer" means a sanitary sewer which is under the jurisdiction of the city of Phoenix but is not maintained by the city of Phoenix or a local government agency.

"Prohibited pollutant" means any pollutant contained in the discharge to the sewage collection system which is prohibited in its entirety or regulated by degree or amount by this chapter.

"Property shredded garbage" means the wastes from the preparation, cooking and dispensing of foods that have been shredded to such degree that all particles will be carried freely under the flow and conditions normally prevailing in public sewers.

"Public sewer" means a sanitary sewer owned and/or maintained by the city or a local government agency.

"Regional sewer rate committee" means the regional sewer rate committee that is made up of one representative of each participant that discharges wastewater to the POTW and one representative elected at large. The primary function of this committee is to review and approve the schedule of charges for wastewater treatment.

"Regional facilities" means the components of the sewer system used to intercept and treat domestic and industrial wastewater within the boundaries of the contributors to the Medford regional water quality control plant.

"Sanitary sewer" means a pipe or conduit designed or used to transport wastewater and to which stormwater, surface and ground waters are not admitted intentionally.

"Service charge" means the charges levied on all users of the public sewer system for operation, maintenance and other purposes as established by the regional sewer rate committee and adopted by the participant.

"Service connection" means a private sewer which has been constructed to the approximate property line or right-of-way line from a public sewer for the sole purpose of providing a connection for the building sewer and is maintained by the user.

Sewage. See wastewater.

Sewer User. Every person using a public sewage collection and treatment system.

"Shall" is mandatory.

"Slug" means any discharge of water, sewage, or industrial waste which in concentration of any given constituent or in quantity of flow exceeds for any period longer than fifteen minutes, more than five times the average twenty-four hour concentration or flows, during normal operation.

"SPCC" means spill prevention, containment or counter-measure plan as defined in 40 CFR, Section 112.

"Standard methods" means the examination and analytical procedures set forth in the most recent edition of Standard Methods for the Examination of Water and Wastewater, published by the American Public Health Association, the American Water Works Association, and the Water Pollution Control Federation and the Supplement to this document entitled Selected Analytical Methods Previewed and Cited by U.S. EPA.

"Storm drain" means a conduit designed or used exclusively to transport storm water.

"Stormwater" means water on the surface of the ground or underground resulting from rainfall or other natural precipitation.

"Suspended solids or total nonfilterable residue" means solids that either float on the surface, or are in suspension in water, sewage or other liquids and which are removable by laboratory filtering in accordance with procedures set forth in Standard Methods.

"Toxic pollutants" means those substances listed by this chapter and industrial discharge permits as toxic pollutants. The list is based upon the priority pollutant list prepared by the U.S. EPA and any additional information available which indicates toxicity or hazard level of particular substances.

"Trunk" means a major sanitary sewer into which more than two laterals or mains discharge and which transports the flow collected from laterals and mains to an interceptor, pumping station or treatment plant.

"Unpolluted water or liquids" means any water or liquid containing none of the following: free or emulsified grease or oil; acids or alkalies; substances that may impart taste and odor or color characteristics; toxic or poisonous substances in suspension, colloidal state or solution; odorous or otherwise obnoxious gases. It shall meet the current state standards for water used for recreation. Analytical determinations shall be made in accordance with procedures set forth in Standard Methods and other approved EPA methods.

"Upset" means an exceptional incident in which a user unintentionally and temporarily is in a state of noncompliance with the discharge requirements set forth in this chapter or existing permit due to factors beyond the reasonable control of the user, and excluding noncompliance to the extent caused by operational error, improperly designed treatment facilities, inadequate treatment facilities, lack of preventive maintenance, or careless or improper operation.

"U.S. EPA or EPA" means U.S. Environmental Protection Agency which is the federal agency which prescribes federal requirements relating to the treatment and disposal of wastewater and which administers the Clean Water Act.

"Wastewater" means the liquid and water-carried industrial or domestic waste from dwellings, commercial buildings, industrial facilities and institutions, together with any ground water, surface water and stormwater that may be present whether treated or untreated, which is contributed into or permitted to enter the regional facilities.

"Water course" means a channel in which a flow of water occurs, either continuously or intermittently.

(Ord. 553 §1 (2-01), 1982)

13.12.030 Additional definitions.

Words, terms or expressions peculiar to the art or science of sewerage not defined in this chapter shall have the respective meanings given in Glossary, Water and Wastewater Control Engineering published in 1981, prepared by a Joint Committee representing American Public Health Association, American Society of Civil Engineers, American Water Works Association, and the Water Pollution Control Federation.

(Ord. 553 §1 (2-02), 1982)

13.12.040 Abbreviations.

The following abbreviations shall have the designated meanings:

"BOD" means biochemical oxygen demand.

"CFR" means Code of Federal Regulations.

"COD" means chemical oxygen demand.

"EPA" means Environmental Protection Agency.

"l" means liter.

"mg" means milligrams.

"mg/l" means milligrams per liter.

"NPDES" means National Pollutant Discharge Elimination System.

"POTW" means publicly owned treatment works.

"SIC" means standard industrial classification.

"SWDA" means Solid Waste Disposal Act, 42 U.S.C. 6901, et seq.

"USC" means United States Code.

"TSS" means total suspended solids.

(Ord. 553 §1 (2-03), 1982)

Article II. PUBLIC SEWER USE

13.12.050 Unlawful waste disposal generally.

It is unlawful for any person to place, deposit or permit to be deposited in an unsanitary manner upon public or private property within the city or in any area under the jurisdiction of the city any human excrement, garbage or other objectionable waste.

(Ord. 553 §1 (7-01), 1982)

13.12.060 Unlawful discharges generally.

It is unlawful to discharge to any natural outlet within the city, 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 applicable provisions in this chapter.

(Ord. 553 §1 (7-02), 1982)

13.12.070 Connection to public sewer required.

Except as provided in subsection A of this section, it shall be unlawful to construct or maintain any privy, privy vault, septic tank, cesspool, holding tank, or other facility intended or used for the disposal of sewage within the city, or in any area under the jurisdiction of the city.

A. Where a public sanitary sewer is not available under the provisions of Section 13.12.080, the building sewer shall be connected to a private sewage disposal system complying with the requirements of the DEQ, the Oregon State Board of Health, the Plumbing Specialty Code of the state of Oregon, and Jackson County.

B. At such time as a public sewer becomes available to a property served by a private sewage disposal system, as provided in subsection A of this section, 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 approved granular materials in accordance with DEQ regulations. Where existing buildings are too low to be served by gravity by an available sewer, the existing septic tank facilities shall be maintained in use and, when so ordered by the manager under Section 13.12.080, approved pumping facilities shall be installed to pump the septic tank effluent into the available sanitary sewer system.

(Ord. 553 §1 (7-03), 1982)

13.12.080 Toilet facilities--Required.

The owner of all houses, buildings or properties used for human occupancy, employment, recreation or other purposes, situated within the city and abutting any street, alley or right-of-way in which there is a public sanitary sewer of the city, is required, at his expense, to install suitable toilet facilities therein, and to connect such facilities directly with the proper public sewer, either by gravity or with approved pumping facilities in accordance with the provisions of this chapter, within six months after the date of official notice to do so; provided, that the public sewer is available to or on the property and/or at a property line of the property and the structures or buildings are within three hundred feet of the public sewer. In the event that, during the period of six months, the owner shall file his written objections with the manager against being so required to install the facilities, the city shall not enforce the provisions of this subsection upon the owner so filing his objections, until the board shall have, at a meeting thereof, heard the objections of the owner, and rendered its decision thereon. The meeting of the board shall be held not less than ten days nor more than thirty days from and after the date of the filing of the objections with the manager. Not less than seven days prior to the date set by the board of the meeting, the manager shall give due notice of the date set therefor to the owner. The decision of the board shall be final and no recourse shall be available to the owner except as is provided by law.

(Ord. 553 §1 (7-04), 1982)

13.12.090 Toilet facilities--Charge.

In the event of the failure of an owner to comply with Section 13.12.080 within the time designated, the city may impose a monthly sewer service charge against the owner in a sum equal to double the usual rate for comparable service. Such sewer service charge shall be collectible as provided in ORS 454.225.

(Ord. 553 §1 (7-05), 1982)

13.12.100 Provisions to be additional.

The provisions of this article shall in addition to and not in derogation of the requirements of general law.

(Ord. 553 §1 (7-06), 1982)

13.12.110 Construction standards requirements.

Public sewer and service connection construction by any person, firm or corporation with the boundaries of the city shall conform to this chapter, appendix incorporated herein by this reference which may be modified form time to time, and the requirements of the Oregon State Health Division and DEQ. In the event of conflict, the highest applicable standard, as determined by the manager, shall apply.

(Ord. 553 §1 (8-01), 1982)

13.12.120 Safety standards requirements.

Any person or persons constructing sewers within the city shall fully comply with the applicable state laws and current safety regulations.

(Ord. 553 §1 (8-02), 1982)

Article III. BUILDING SEWER AND CONNECTIONS

13.12.130 Unauthorized connections.

No unauthorized person, firm or corporation shall uncover, make any connections with or opening into, use, alter, or disturb any public sewer or appurtenances thereto without first making an application to the city and securing a permit therefor.

(Ord. 553 §1 (9-01), 1982)

13.12.140 Sewer connection permit.

There shall be two classes of building sewer permits for the city: (A) for residential and commercial service, and (B) for service to establishments producing industrial wastes. In either case, the owner or his authorized agent shall make application on a special permit form furnished by the city. The permit application under (A) of this section shall be supplemented by any plans, specifications or other information considered pertinent in the city’s judgment. For permits under (B) of this section see Sections 13.12.430 through 13.12.630. A permit and inspection fee as established by the board shall be paid to the city at the time the permit is issued.

(Ord. 553 §1 (9-02), 1982)

13.12.150 Building sewer construction.

Building sewer line construction shall be in accordance with this chapter and the Plumbing Specialty Code of the state of Oregon. All costs and expenses incident to the installation and connection of the building sewer shall be borne by the owner. It is the owner’s responsibility to maintain the building sewer line and service connection from the house to the public sewer. Any loss or damage to any city facility caused either by improper installation or maintenance procedures will also be the owner’s responsibility.

(Ord. 553 §1 (9-03), 1982)

13.12.160 Use of existing sewers.

Old building sewers may be used in connection with new buildings, or new building sewers, only when they are found, on examination and testing by the city, to meet all requirements of this chapter.

(Ord. 553 §1 (9-04), 1982)

13.12.170 Separate building sewers required.

A separate and independent building sewer shall be provided for every building, except where one building stands at the rear of another on 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 whole considered as one building sewer; provided, however, that apartment courts, motels and similar structures hold under a single ownership shall be permitted to use a single sanitary sewer connection while such single ownership shall continue, such single connection to be of a size and type approved by the city as adequate for the purpose.

(Ord. 553 §1 (9-05), 1982)

13.12.180 Basement service.

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

B. In all buildings in which any building drain is too low to permit gravity flow to the public sewer, sewage carried by such drain shall be lifted by approved means and discharged to the building sewer.

(Ord. 553 §1 (9-06), 1982)

13.12.190 Restricted connections.

No person shall make connection to roof downspouts, exterior foundation drains, area-way drains, or other sources of surface runoff or groundwater to a building sewer or building drain which in turn is connected directly or indirectly to a public sanitary sewer.

(Ord. 553 §1 (9-07), 1982)

13.12.200 Construction standards.

Building sewer construction by any person, firm or corporation within the boundaries of the city shall conform to this chapter, appendix incorporated herein by this reference which may be modified from time to time, and the requirements of the Oregon State Plumbing Specialty Code and Administrative Rules. No deviations from the above shall be made without written approval of the manager.

(Ord. 553 § 1(10.01), 1982)

13.12.205 Sewer permits or connections outside city limits.

No sewer permit shall be issued or sewer connection allowed for property located outside the city limits without city council approval. Such approval may be given under the following circumstances:

A. Where there are prior city commitments made during negotiations for right-of-way acquisition, or

B. Upon request of a homeowner when the following findings are made:

1. Service could be provided in a logical and efficient manner by connection to the city system, and

2. Service would be for the benefit of a dwelling unit located within the urban growth boundary which existed in that location prior to May 4, 1994, and

3. A "danger to public health," as defined in ORS 222. 580, has been verified, and

4. There is no other reasonable solution which would serve to alleviate the danger to public health, and

5. Such service cannot be efficiently provided by BCVSA, and

6. Service can be efficiently provided by the city, and

7. BCVSA has submitted in writing that they have no objection to the withdrawal of the subject property from the BCVSA service district, and

8. The recipient property owner(s) signs an irrevocable consent to annex that shall run with the title to the land(s), and the annexation(s) shall begin at such time as the city deems it appropriate for such annexation(s) to begin, and

9. All fees pertaining to connection to city services have been paid or arrangements have been made to pay such fees in advance of said connection; such fees to include but not be limited to sewer connection fee, sewer SDC, transportation SDC, plumbing permit and all other fees or charges deemed appropriate and customary by the city of Phoenix.

(Ord. 742 § 1, 1994)

Article IV. PRIVATE SYSTEMS

13.12.210 Review and approval required.

Plans for all privately constructed sewer systems which will become public sewers within the jurisdiction of the city and connected to its sewerage system shall be reviewed and approved by the city. All such systems shall fully conform to the provisions of this chapter, and the requirements of the Oregon State Health Division, Department of Commerce and DEQ. In the event of conflict, the highest applicable standard shall govern.

(Ord. 553 § 1(11-01), 1982)

13.12.220 Engineered plans.

All plans, notes, sketches and calculations from which the system described in Section 13.12.210 are to be constructed, shall be prepared by a professional engineer registered in the state of Oregon.

(Ord. 553 § 1(11-02), 1982)

13.12.230 Separate sanitary and storm sewers.

All sewer systems shall be designed as separate sanitary sewers or storm sewers. Construction of combined sewers will not be permitted.

(Ord. 553 § 1(11-03), 1982)

13.12.240 Sewer design criteria.

The sewer design criteria is set forth in the appendix to the ordinance codified in this chapter as may be modified from time to time.

(Ord. 553 § 1(11-04), 1982)

13.12.250 Statement of compliance with plans.

All plans from which the systems set out in Section 13.12.210 are to be constructed shall contain the following statement on the front street of the plans:

SEWER CONSTRUCTION SHALL CONFORM TO THE PROVISIONS OF CITY ORDINANCE NO. 553.

(Ord. 553 § 1(11-05), 1982)

13.12.260 Notification and review.

Each person shall notify the city of its intention to prepare construction plans and will forward to city a map drawn in sufficient detail to identify the area being served. Phoenix will respond with location information on adjacent portions of its system and any other information that may be pertinent to the proposed service area. When completed, the person shall submit two sets to plans and shall obtain approval thereof to construct prior to advertising for bids. Within twenty-one calendar days following receipt of such plans, the city shall review same and shall notify the person in writing of approval or required changes indicated. This letter of approval will contain all of the conditions to be met prior to acceptance of the constructed facilities for maintenance. If the plans are disapproved, the required changes shall be made by the person, and all required revisions of plans resubmitted in the same manner as provided for in the initial submittal. Each person shall inform the city a minimum of ten days in advance of the start of any sewer construction.

(Ord. 553 §1 (11-06), 1982)

13.12.270 Inspection.

A. The city will inspect all sewer system construction within the city to ensure compliance with the provisions of this chapter. The inspector will make diligent efforts to protect against defects and deficiencies in the work of the contractor and to determine if the provisions of this chapter are being fulfilled. Periodic inspection will not relieve the contractor or engineer of those duties and responsibilities which belong to them. The construction contractor and engineer are fully responsible for the techniques and sequences of construction and the safety precautions incidental thereto, and for performing the construction work in accordance with the provisions of this chapter and with the construction plans as approved.

B. The city will notify the person responsible for the construction when, in the opinion of the city, the construction work does not comply with this chapter and with the construction plans as approved. Upon receipt of such notification, the person shall immediately take such action as may be necessary to ensure compliance.

C. The construction of the sewers shall be accomplished under the supervision of an engineer currently registered in the state of Oregon or his representative. At the completion of the construction, the engineer shall certify in writing to the city that such construction complies with the provisions of this chapter and the previously approved plans. A copy of the as-built plans will be provided to the city.

(Ord. 553 §1 (11-07), 1982)

13.12.280 Plan review and inspection fees.

The city shall be reimbursed for the cost of providing plan review and inspection services to the person installing new sewer systems. These fees are determined on a per foot basis and will be noted in the plan approval letter. All service fees shall be paid prior to starting construction.

(Ord. 553 §1 (11-08), 1982)

13.12.290 County road permit required.

Where privately engineered sewers are constructed along or across existing county road, a permit for the construction shall be obtained from the Jackson County department of public works by the person responsible for the construction. That department will normally require a two-year warranty on all repairs to disturbed areas within the county rights-of-way. Permit or approval given by Phoenix for sewer construction will in no way relieve the person from obtaining the necessary permit from the department and complying with all of the general and special county permit conditions.

(Ord. 553 §1 (11-09), 1982)

Article V. PROHIBITED DISCHARGES

13.12.300 Discharge into system prohibited.

The discharge of materials from cesspools, septic tanks, chemical toilets and privies into the city sewer system or in systems connected to the city is prohibited.

(Ord. 553 §1 (12-01), 1982)

13.12.310 Interference with system prohibited.

A. No unauthorized person shall enter any city sewer, manhole, pumping station, sewage lagoon or appurtenant facility. No person shall maliciously, wilfully or negligently break, damage, destroy, deface or tamper with any structure, appurtenance or equipment which is part of the city system.

B. No person, other than an authorized employee or agent of the city, shall operate or change the operation of any city sewer, pumping station, sewage lagoon, outfall structure, or appurtenant facility.

(Ord. 553 §1 (12-02), 1982)

13.12.320 Sanitary sewer and storm sewer discharges not to mix.

It is unlawful to discharge, permit the discharge, or permit or allow a connection which will result in the discharge of sewage or industrial waste into a storm drain. It is unlawful for any person to discharge or permit the discharge or cause or permit a connection which will result in the discharge of storm drainage, surface drainage, subsurface drainage, groundwater, roof water or uncontaminated water used for refrigerating or cooling purposes or steam condensation into a sanitary sewer.

(Ord. 553 §1 (3-01), 1982)

13.12.330 Prohibited substances designated.

Except as hereafter provided, no person shall discharge the following substances into the sanitary sewers:

A. Any flammable or explosive liquid, solid, or gas which may, by themselves or by interaction with other substances, cause fire or explosion resulting in injury to persons, property, or the operation of the city of Phoenix sewerage system, the regional system or the regional water quality control plant. At no time shall two successive readings on an explosion hazard meter, at the point of discharge into the system (or at any point in the system) be more than five percent nor any single reading over ten percent of the lower explosive limit (LEL) of the meter. Prohibited materials include, but are not limited to, gasoline, kerosene, naphtha, benzene, toluene, xylene, ethers, alcohols, ketones, aldehydes, peroxides, chlorates, perchlorates, bromates, carbides, hydrides and sulfides and any other substances which the manager/plant superintendent, the state or EPA has notified the user is a fire hazard or a hazard to the system.

B. Materials from cesspools, septic and holding tanks other than effluent, except as specified in Sections 13.12.050 through 13.12.100.

C. 1. Any wastes, wastewaters or substances having a pH less than 5.5 or more then 9.5, or having any other corrosive property capable of causing damage or hazard to structures, equipment or personnel of the regional facilities. This includes, but is not limited to, battery or plating acids and wastes, copper sulfate, chromium salts and compounds, or salt brine.

2. Where pH correction is required and automatic feeders for neutralizing agents are used, spikes or excursions outside the 5.5 or 9.5 range caused by overcorrection or system failure not to exceed ten minutes duration shall not be cause for rate increase provided other prohibited discharges did not occur simultaneously.

D. Solid or viscous substances which may cause obstruction to the flow in a sewer or other interference with the operation of the wastewater treatment facilities such as, but not limited to: grease, garbage with particles greater than one-quarter inch in any dimension, animal guts or tissues, paunch manure, bones, hair, hides or fleshings, entrails, whole blood, feathers, ashes, cinders, sand, spent lime, stone or marble dust, metal, glass, straw, shaving, grass clippings, rage, spent grains, spent hops, waste paper, wood, plastics, gas, tar, asphalt residues, residues from refining, or processing of fuel or lubricating oil, mud or glass grinding or polishing wastes. The basis for determination of excess amounts of the above will be judged on standard levels found in normal domestic wastewater.

E. Any wastewater containing toxic pollutants in sufficient quantity, either singly or by interaction with other pollutants, to injure or interfere with any wastewater treatment process, constitute a hazard to humans or animals, create a toxic effect in the receiving water of the POTW, or to exceed the limitation set forth in a National Categorical Pretreatment Standard.

F. Any noxious or malodorous liquids, gases or solids which either singly or in interaction with other wastes are sufficient to create a public nuisance or hazard to life or are sufficient to prevent entry into the sewers for maintenance and repair.

G. Any water or waste which contains in excess of one hundred milligrams per liter or a lesser amount as fixed by the city for a particular establishment of fat, wax, oil or grease, whether or not emulsified, ether-soluble or n-hexane soluble matter or any substance which may solidify or become discernibly viscous at temperatures above zero degrees Celsius (thirty-two degrees Fahrenheit).

(Ord. 553 §1 (3-02), 1982)

13.12.340 Restricted substances.

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 manager/plant superintendent that such wastes can harm either the sewers, wastewater 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 an opinion as the acceptability of the wastes, the manager/plant superintendent will give consideration to such factors as the quantities of subject wastes in relation to flows and velocities in the sewers, materials of construction of the sewers, nature of the wastewater treatment process capacity of the wastewater treatment plant, degree of treatability of wastes in the wastewater treatment plant, and other pertinent factors. The substances prohibited are:

A. Any liquid or vapor having a temperature higher than one hundred fifty degrees Fahrenheit (sixty-five degrees Celsius);

B. Large quantities of shredded garbage or garbage that has not been properly shredded. The installation and operation of any garbage grinder equipped with a motor of three-fourths horsepower (five hundred sixty Watts) or greater shall be subject to the review and approval of the manager/plant superintendent;

C. Any waters or wastes as discharged to the public sewer containing iron, chromium, copper, zinc and similar objectionable to toxic substances exceeding concentrations defined in Section 13.12.400 or such other limits as may be established in compliance with applicable state or federal regulations;

D. Any waters or wastes containing phenols or other taste or odor producing substances, in such concentrations exceeding limits which are defined in Section 13.12.410 or may be established as necessary, after treatment of the composite sewage to meet the requirements of the state, federal or other public agency of jurisdiction for such discharge to the receiving waters;

E. Any radioactive wastes or isotopes of such half-life or concentration as may exceed limits established in compliance with applicable state or federal regulations;

F. Materials which exert:

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

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

3. Unusual chlorine requirements in such quantities as to constitute a significant load on the POTW,

4. Unusual volume of flow or concentration on wastes constituting a slug load which can be demonstrated to cause interference to the collection and to treatment facilities.

In circumstances requiring a numerical value for "unusual" or "excessive," the regional sewer rate committee shall fix the value on a case-by-case basis;

G. Any waters or wastes containing a total of sixty pounds or more suspended solids of BOD in any one day subject to the provisions of Sections 13.12.430 through 13.12.630.

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

(Ord. 553 §1 (3-03), 1982)

13.12.350 Grease traps--Pretreatment.

A. Grease, oil and sand traps shall be provided, operated and maintained when, in the opinion of the manager/plant superintendent, 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 traps shall not be required for private living quarters or dwelling units. All traps shall be of a type and capacity approved by the manager/plant superintendent and shall be located as to be readily and easily accessible for cleaning and inspection.

B. All industrial wastes shall be pretreated when required in conformance with conditions detailing Sections 13.12.430 through 13.12.630.

(Ord. 553 §1 (3-04), 1982)

13.12.360 Operation.

Where pretreatment or flow-equalizing facilities are provided for any waters or wastes, they shall be maintained continuously in satisfactory and effective operation by the user at his expense.

(Ord. 553 §1 (3-05), 1982)

13.12.370 Waste sampling and monitoring.

A. Waste discharged into the public sewers shall be subject to periodic inspection and a determination of character and concentration. The determinations shall be made as often as deemed necessary by the manager/plant superintendent.

B. When automatic flow measurement and sampling facilities are not available, the samples shall be collected in such a manner to be representative of the composition of the wastes. The sampling may be accomplished either manually or by the use of mechanical equipment. Access to the sampling locations shall be granted to the manager/plant superintendent or their duly authorized representatives at all time during normal working hours.

C. All measurements, tests and analyses of the characteristics of waters and waste to which reference is made in this chapter shall be in accordance with the latest edition of the Standard Methods or other procedures permitted by EPA and shall be determined at a control manhole provided, or taken at the 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 be customarily accepted methods to reflect the effect of constituents upon the treatment plant and to determine the existence of hazardous conditions defined elsewhere in this chapter.

(Ord. 553 §1 (3-06), 1982)

13.12.380 National categorical pretreatment standards.

Upon the promulgation of National Categorical Pretreatment Standards for a particular industrial subcategory, the National Standard if more stringent than limitations imposed under this chapter for sources in that subcategory, shall immediately supersede the limitations implied under this chapter. The manager/plant superintendent shall notify all affected users of the applicable reporting requirements under 40 CFR, Section 403.12.

(Ord. 553 §1 (3-07), 1982)

13.12.390 Modification on national categorical pretreatment standards.

Where the wastewater treatment system achieves consistent removal of pollutants limited by National Categorical Pretreatment Standards, the plant superintendent may apply to the approval authority for modification of specific limits in the National Categorical Pretreatment Standards. "Consistent removal" means reduction in the amount of a pollutant or alteration of the nature of the pollutant by the wastewater treatment system to a less toxic or harmless state in the effluent which is achieved by the system in ninety-five percent of the samples taken when measured according to the procedures set forth in Section 403.7 (c) (2) of (Title 40 of the Code of Federal Regulations, Part 403) "General Pretreatment Regulations for Existing and New Sources of Pollution" promulgated pursuant to the Act. The plant superintendent may then modify pollutant discharge limits in the National Pretreatment Standard if the requirements contained in 40 CFR Part 403, Section 403.7 are ful-filled and prior approval from the approval authority is obtained.

(Ord. 553 §1 (3-08), 1982)

13.12.400 Specific pollutant limitations.

No person shall discharge wastewater containing concentrations in excess of those listed on the following table calculated for the maximum daily concentration, four day arithmetic average or thirty day arithmetic average unless stated otherwise in the user’s permit:

	1 day max. (mg/l)	4 day average (mg/l)	30 day average (mg/l)
arsenic	8.4	5.4	4.0
cadium	1.2	0.7	0.5
copper	3.7	1.4	1.0
cyanide	1.9	1.0	0.55
lead	0.6	0.4	0.3
nickel	5.0	2.7	1.8
silver	0.6	0.7	0.5
total chromium	7.0	4.0	2.5
zinc	3.7	1.4	1.0

(Ord. 553 §1 (3-09), 1982)

13.12.410 Excessive discharge.

A. No user shall intentionally increase the use of process water or, in any way, attempt to dilute a discharge as a partial or complete substitute for adequate treatment to achieve compliance with the limitations contained in the National Categorical Pretreatment Standards, or in any other pollutant-specific limitations developed by the city of Phoenix plant superintendent, or state.

B. It is understood that an industry may vary water usage in the ordinary course of processing. This section is not intended to interfere with this flexibility.

(Ord. 553 §1 (3-10), 1982)

13.12.420 Accidental discharges.

Each user shall provide protection from accidental discharge of prohibited materials or other substances regulated by this chapter. Facilities to prevent accidental discharge of prohibited materials shall be provided and maintained at the owner or user’s own cost and expense. Detailed plans showing facilities and operating procedures to provide this protection shall be submitted to the manager/plant superintendent for review, and shall be approved by the manager/plant superintendent before construction of the facility. All existing users shall complete such a plan within six months after adoption of the ordinance codified in this chapter or by July 1, 1983, whichever date is later. No user who commences contribution to the POTW after the effective date of the ordinance codified in this chapter shall be permitted to introduce pollutants into the system until accidental discharge procedures have been approved by the manager/plant superintendent. Review and approval of such plans and operating procedures shall not relieve the user from the responsibility to modify the user’s facility as necessary to meet the requirements of this chapter. In the case of an accidental discharge, it is the responsibility of the user to immediately telephone and notify the Jackson County Communications Center (911) DEG and manager/plant superintendent of the incident. The notification shall include location of discharge, type of waste, concentration and volume, and corrective actions. Failure to comply shall cause the user to be in violation and subject to conditions described in Sections 13.12.830 through 13.12.910.

A. Written Notice. Within five days following accidental discharge, the user shall submit to the manager/plant superintendent a detailed written report describing the cause of the discharge and the measures to be taken by the user to prevent similar future occurrences. Such notification shall not relieve the user of any expense, loss, damage or other liability which may be incurred as a result of damage of the POTW, fish kills, or any other damage to person or property; nor shall such notification relieve the user of any fines, civil penalties, or other liability which may be imposed by this section or other applicable law.

B. Notice to Employees. A notice shall be permanently posted on the users’ bulletin board or other prominent place advising employees to notify the industrial user’s authorized representative of an upset or accidental discharge. Employers shall ensure that all employees who may cause or allow such a dangerous discharge to occur are advised of the emergency notification procedure.

C. Preventive Measures. Direct or indirect connections or entry points which could allow spills or uncontrolled discharges or prohibited or restricted substances to enter the sewer system shall be eliminated, labeled or controlled so as to prevent the entry of wastes in violation of this chapter. The manager/plant superintendent may require the industrial user to install or modify equipment or make other changes necessary to prevent such discharges as a condition of issuance of an industrial waste discharge permit or as a condition of continued discharge into the sewer system. A schedule of compliance shall be established by the manager/plant superintendent which requires completion of the required actions within the shortest reasonable period of time. Violation of the schedule without an extension of time is a violation of this chapter.

D. Spill Prevention, Containment, Countermeasure Plan (SPCC).

1. Users that handle, store or use substantial amounts of prohibited substances on their site shall prepare and file a spill prevention plan with the manager/plant superintendent within ninety days of the effective date of the ordinance codified in this chapter directed at preventing the entrance of those substances, directly or indirectly, into the sewer system. Substantial amounts shall mean an amount that, if released at one time, could be measured in the influent at the POTW at a sufficient concentration to be considered a prohibited pollutant as defined in this section. The plan shall be available for inspection at the facility during normal business hours and shall include, but not be limited to, the following elements:

a. A description of the potential points of entry into the sewer system;

b. A description of the measures to be taken to prevent entry at the described points before a spill occurs;

c. Measures to be taken in the event of a spill of prohibited or restricted materials to contain them;

d. A description of employee training in the prevention and control of spills.

2. An existing valid SPCC plan required under the Federal Clean Water Act may be acceptable in lieu of developing a new spill control plan, provided the plan adequately addresses the elements required.

3. If an industrial user has a spill or uncontrolled discharge of prohibited or restricted substances into the sewer, the manager/plant superintendent may require the industrial user’s spill prevention and control plan to be submitted to the manager/plant superintendent and may require revisions to be made in the plan.

(Ord. 553 §1 (3-11), 1982)

Article VI. INDUSTRIAL WASTES

13.12.430 Prohibited discharges.

A. Prohibited Discharges. Industrial waste contributors shall be subject to all provisions of Sections 13.12.320 through 13.12.420.

B. Discharge Limitations.

1. It is unlawful for a discharger who has an effective industrial waste discharge permit pursuant to this section to discharge wastes to the sewer system in excess of the limitations established in the permit. The plant superintendent shall establish industrial waste discharge permit limitations to the extent necessary to comply with current National Pollutant Discharge Elimination System categorical and general pretreatment standards and waste discharge requirements as promulgated by the EPA and the DEQ; to protect the sewer system; and to comply with all other applicable federal and state laws. Existing and future pretreatment standards for existing and new sources promulgated by the EPA under the authority of the Clean Water Act (PL 95-217), along with any future revisions, are incorporated herein by reference as a means of complying with federal and state pretreatment requirements and will be included as discharge limitations in industrial waste discharge permits issued to affected industries.

2. It is unlawful to discharge into the sewer system concentrations of materials in excess of the amounts specified in Sections 13.12.320 through 13.12.420, unless the discharger has an effective industrial waste discharge permit which establishes a different limitation for a specific pollutant.

(Ord. 553 §1 (4-01), 1982)

13.12.440 Permit--Required.

A. Except as provided in Section 13.12.450, an industrial waste discharger shall have an industrial waste discharge permit prior to discharging into the sewer system if:

1. The discharge is subject to federally adopted National Categorical Pretreatment Standards; or

2. The discharge exceeds normal domestic levels and may include, but are not limited to, the following:

a. Discharges containing either sixty pounds of suspended solids or sixty pounds of BOD per day; or

b. Discharges containing incompatible pollutants in concentrations or quantities above those measured in normal domestic wastewater and which may interfere with the operation of the sewer system or increase the costs of operation; or

c. Discharges that have a maximum instantaneous flow which exceeds ten percent of the capacity of the available lateral or appropriate trunk sewer and which can be demonstrated to interfere with the capacity of other users.

B. In circumstances requiring specific limitations, values shall be determined by the regional sewer rate committee.

(Ord. 553 §1 (4-02.01), 1982)

13.12.450 Permit--Existing discharges.

A. Users that are discharging prior to the date that an industrial waste discharge permit is required shall be notified in writing that such a permit is required. Such users shall be allowed to continue discharging into the sewer system without an industrial waste discharge permit until a permit is issued or denied provided that a completed application for an industrial waste discharge permit is filed within ninety days of the effective date of this chapter.

B. Discharges allowed under these conditions shall meet all other applicable requirements of this chapter.

(Ord. 553 §1 (4-02.02), 1982)

13.12.460 Permit--Application.

A. Application for an industrial waste discharge permit shall be made to the city of Phoenix on forms to be provided by the city of Medford. The application shall not be considered complete until all information identified on the form is provided, unless specific exemptions are granted by the plant superintendent.

B. Completed applications shall be submitted to the city so that the application can be approved by the plant superintendent a minimum of ninety days prior to the date the discharge is to begin.

C. Contents of the permit application shall be subject to the confidentiality conditions defined in Section 13.12.610.

(Ord. 553 §1 (4-02.03), 1982)

13.12.470 Permit--Information required.

A. In addition to the standard form to be provided, an applicant for an industrial waste discharge permit may be required to provide the following information:

1. Name, address and location (if different from the address); the legal name of the business must be listed as well as the officer entitled to sign documents on behalf of the business;

2. SIC number according to the Standard Industrial Classification Manual, Bureau of the Budget, 1972, as amended;

3. Potential toxic or prohibited wastewater constituents and characteristics including, but not limited to, those listed in Section 13.12.400;

4. Time and duration of contribution;

5. Average daily wastewater flow rates, including daily, monthly and seasonal variations, if any;

6. Site plans, floor plans, mechanical and plumbing plans and details to show all sewers, sewer connections and appurtenances by the size, location and elevation;

7. Description of activities, facilities and plant processes which relate to discharges regulated by this chapter;

8. Where known, the nature and concentration of any pollutants in the discharge which are limited by any city, state or National Pretreatment Standards, and a statement regarding whether or not the pretreatment standards are being met on a consistent basis and if not, whether additional operation and maintenance (O&M) and/or additional pretreatment is required for the user to meet applicable pretreatment standards. Such information shall be subject to the conditions stated in Section 13.12.610;

9. a. If additional pretreatment and/or operation and maintenance will be required to meet the pretreatment standards, the user shall define the shortest schedule to provide such action. The compliance date in this schedule shall not be later than the compliance date established for the applicable pretreatment standard.

b. The following conditions shall apply to this schedule:

i. The schedule shall contain dates for the commencement and completion of major events leading to the construction and operation of additional pretreatment required for the user to meet the applicable pretreatment standards (e.g., hiring an engineer, completing preliminary plans, completing final plans, executing contract for major components, commencing construction, completing construction, startup and full operation),

ii. No increment referred to in subparagraph i of this subsection shall exceed nine months,

iii. Not later than fourteen days following each date in the schedule and the final date for compliance, the user shall submit a progress report to the manager/plant superintendent including, as a minimum, whether or not it complied with the increment of progress to be met on such date and, if not, the date on which it expects to comply with this increment of progress, the reason for delay, and the steps being taken by the user to return the construction to the schedule established. In no event shall more than nine months elapse between such progress reports to the manager/plant superintendent;

10. Each product produced by type, amount, process or processes and rate of production, is subject to mass limitation provisions stated in National Categorical Pretreatment Standards;

11. Prohibited and/or toxic pollutants which are subject to a SPCC program;

12. Hours of operation of plant and proposed or actual hours of operation of pretreatment system;

13. Any other information as may be deemed by the plant superintendent to be necessary to evaluate the permit application.

B. The plant superintendent will evaluate the data furnished by the user and may require additional information. After evaluation and acceptance of the data furnished, the plant superintendent may recommend issuance of an industrial waste discharge permit subject to terms and conditions provided in this chapter.

(Ord. 553 §1 (4-02.04), 1982)

13.12.480 Permit--Issuance.

A. Industrial waste discharge permits shall be issued or denied by the plant superintendent within ninety days after a completed application is received. A copy of the approved permit will be sent to the city.

B. Industrial waste discharge permits shall contain conditions which meet the requirements of this chapter as well as those of applicable state and federal laws and regulations.

C. If pretreatment facilities are needed to meet the discharge requirements in the discharge permit, the permit shall require the installation of such facilities.

D. Whenever a discharge permit requires installation or modification of treatment facilities or a process change necessary to meet discharge standards or spill control requirements, a compliance schedule shall be included which establishes the date for completion of the changes and any appropriate interim dates. Interim dates shall be no more than ninety days apart.

E. Discharge permits shall expire no later than five years after the effective date of the permit.

F. The plant superintendent may deny approval to issue a discharge permit if the discharge will result in violations of city, state or federal laws or regulations; will overload or cause damage to any portion of the sewer system, or create an imminent or potential hazard to personnel.

(Ord. 553 §1 (4-03), 1982)

13.12.490 Permit--Conditions imposed.

Industrial waste discharge permits shall be expressly subject to all provisions of this chapter and all other applicable regulations, user charges and fees established by the regional sewer rate committee. Permits shall contain the following:

A. The unit charge or schedule of user charges and fees for the wastewater to be discharged to a sewer;

B. Limits on the average and maximum wastewater constituents and characteristics consistent with capacity of the collection and treatment system;

C. Limits on average and maximum rate and time of discharge or requirements for flow regulations and equalization consistent with the capacity of the collection and treatment system;

D. Requirements for installation and maintenance of inspection and sampling facilities, if required;

E. Specifications for monitoring programs which may include sampling locations, frequency of sampling, number, types and standards for tests and reporting schedule;

F. Compliance schedules;

G. Requirements for submission of technical reports or discharge reports either required by provisions of the National Categorical Pretreatment Standards or to support monitoring requirements of the regional pretreatment program;

H. Requirements for maintaining and retaining plant records relating to wastewater discharge and affording authorized representatives access thereto;

I. Requirements for notification of the manager/plant superintendent of introduction of wastewater constituents which may include pollutants regulated by ordinance and not defined in the permit or increase in the volume or character by fifteen percent of original permit baseline estimates of the wastewater constituents being introduced into the wastewater treatment system;

J. Requirements for notification of slug discharges which may affect another user’s sewer capacity;

K. Other conditions as deemed appropriate to ensure compliance with this chapter.

(Ord. 553 §1 (4-04), 1982)

13.12.500 Permit--Modifications.

A. An industrial waste discharge permit may be modified for good and valid cause at the written request of the permittee or at the discretion of the plant superintendent.

B. Permittee modification requests shall be submitted in the same manner as defined in Section 13.12.460 and shall contain a detailed description of all proposed changes in the discharge. The plant superintendent may request any additional information needed to adequately prepare the modification or assess its impact.

C. The plant superintendent may deny a request for modification if the change will result in violations of city, state or federal laws or regulations, will overload or cause damage to any portion of the sewer system, or will create an imminent or potential hazard to personnel.

D. If a permit modification is made at the direction of the plant superintendent, the permittee shall be notified in writing of the proposed modification at least thirty days prior to its effective date and informed of the reasons for changes.

(Ord. 553 §1 (4-05), 1982)

13.12.510 Change in permitted discharge.

A modification to the permittee’s discharge permit must be issued before any significant change is made in the volume or level of pollutants in an existing permitted discharge to the sewer system. Changes in the discharge involving the introduction of a waste stream(s) not previously included in the industrial waste discharge permit application or involving the addition of new pollutants shall be considered as new discharges requiring application under Section 13.12.460.

(Ord. 553 §1 (4-06), 1982)

13.12.520 Permit--Transfer.

Industrial waste discharge permits are issued to a specific user for a specific operation. A wastewater discharge permit shall not be reassigned or transferred or sold to a new user, different premises, or a new or changed operation without the approval of the plant superintendent. If no changes are made to the operation by the new user, the approval shall be completed within fourteen days. If modifications are made in the operation, the conditions of Section 13.12.500 shall apply. If a new use of the premises is planned by the new user, the terms and time constraints of Section 13.12.440 through 13.12.490 shall apply.

(Ord. 553 §1 (4-07), 1982)

13.12.530 Sampling and monitoring facilities.

A. Each user discharging industrial wastes into a sanitary sewer may, at its option, or shall, when directed by the manager/plant superintendent, construct and maintain an approved control manhole, together with such flow measurement, flow sampling, and sample storage facilities for all waste entering the sanitary sewer as may be required by the manager/plant superintendent. These facilities will be used to obtain flow, BOD and suspended solids data for use as a basis for an industrial wastewater service charge. In lieu of directing the construction of measurement sampling and sample storage facilities, the manager/plant superintendent may require that each user discharging industrial wastes into a sanitary sewer to procure and test at the user’s expense and in a manner approved by the manager/plant superintendent, sufficient composite samples on which to base and compute the user’s industrial waste sewer service charge. In the event that automatic flow measurement, sampling and sample storage facilities are not provided, the industrial waste charge shall be computed using the metered water flow on the premises as a basis for waste flow and the laboratory analysis of samples procured as directed by the manager/plant superintendent as a basis for computing wastewater concentrations. Analyses that will change a user’s rates shall be transmitted to the participant for action based on a frequency determined by recommendations by the regional sewer rate committee. Metered water flow shall include all water delivered to or used on the premises and which is discharged to regional facilities. All metered water flows shall be metered at the user’s expense. Cooling waters or water not discharged to a sanitary sewer shall be separately metered at the user’s expense using deduct meters or any other manner approved by the manager/plant superintendent prior to allowing deduction of such flow from the total water used on the premises in computing the industrial waste sewer service charge.

B. The manager/plant superintendent may determine, by a least three twenty-four hour composite waste samples, either consecutive or separate during a year, if a waste discharged to the sanitary sewers exceeds the extra strength limits recommended by the regional sewer rate committee. If three consecutive measurements indicate that the limits are exceeded, then the options for installation of measurement and sampling equipment shall apply.

C. The method to determine rates of charge for industrial wastes shall be as described in Sections 13.12.650 through 13.12.750.

(Ord. 553 §1 (4-08), 1982)

13.12.540 Flow measurement and sampling facilities.

A. If so directed by the manager/plant superintendent, all devices, access facilities and related equipment shall be installed by the user discharging the waste, at its expense, and shall be maintained by it so as to be in safe, proper operating condition at all times, and readily accessible to the manager/plant superintendent during periods of industrial activity of any type.

B. Specifications for metering and sampling devices shall be obtained from the city. The flow measurement and sampling station shall be located and constructed in a manner acceptable to the manager/plant superintendent. Complete plans on all phases of the proposed installation, including all equipment proposed for use, shall be submitted to the manager/plant superintendent for approval prior to construction.

(Ord. 553 §1 (4-09), 1982)

13.12.550 Analyses.

Laboratory procedures used in the examination of industrial wastes shall be those set forth in Standard Methods or other EPA approved procedures. However, alternate methods for certain analyses of industrial wastes may be used if approved by the plant superintendent. The waste samples shall be analyzed by the city of Medford or by a laboratory approved by the plant superintendent.

(Ord. 553 §1 (4-10), 1982)

13.12.560 Inspection and sampling.

The manager/plant superintendent may inspect the monitoring facilities of any industrial waste discharger to determine compliance with the requirements of this chapter. The discharger shall allow authorized representatives to enter upon the premises of the discharger for the purpose of inspection, sampling or records examination. The manager/plant superintendent also have the right to set up on the discharger’s property such devices as are necessary to conduct sampling, inspection, compliance monitoring and/or metering operations. The right to entry includes, but is not limited to, access to those portions of the premises that contain facilities for sampling, measuring, treating, transporting or otherwise handling wastes, and storing records, reports or documents relating to the treatment, sampling or discharge of the wastes.

(Ord. 553 §1 (4-11.01), 1982)

13.12.570 Conditions for entry.

A. 1. The authorized personnel shall present appropriate credentials at the time of entry.

2. The purpose of the entry shall be for inspection, observation, measurement, sampling or testing in accordance with the provisions of this chapter.

3. The entry shall be made at reasonable time during normal operating or business hours unless an emergency situation exists as determined by the manager/plant superintendent.

4. All regular safety and sanitary requirements of the facility to be inspected shall be complied with by authorized representative(s) entering the premises.

5. Information in the user’s records that is of a confidential nature will be governed by procedures in Section 13.12.610.

B. Samples of wastewater being discharged into the sewer system shall be representative of the discharge and shall be taken after treatment, if any, and before dilution by other water. The sampling method shall be one approved by the plant superintendent and done in accordance with good engineering practice.

C. Samples that are taken for the purposes of determining compliance with the requirements of this chapter shall be split with the discharger (or a duplicate sample provided in the instance of fats, oils and greases) if requested by the user before or at the time of sampling.

D. All sample analyses shall be performed in accordance with the procedures set forth in 40 CFR, Part 136 and any amendments thereto or with any other test procedures approved by the Administrator of the EPA. If there are no approved test procedures for a particular pollutant, then analyses shall be performed using other validated procedures approved by the plant superintendent.

(Ord. 553 §1 (4-11), 1982)

13.12.580 Sampling manholes.

The manager/plant superintendent may require a discharger to install and maintain at the discharger’s expense a suitable manhole in the discharger’s branch sewer to allow observation, sampling and measurement of all industrial wastes being discharged into the regional sewer system. Specifications for a sampling manhole shall be obtained from the city. It shall be constructed in accordance with approved plans and shall be designed so that flow measuring and sampling equipment may be conveniently installed. Access to the manhole shall be available for monitoring purposes at all times when wastewater is being produced and/or discharged.

(Ord. 553 §1 (4-12), 1982)

13.12.590 Report--Initial compliance.

A. Within ninety days after receiving notification that an industrial waste discharge permit is required, the user subject to this section shall submit a report to the manager/plant superintendent which indicates the nature and concentration of all prohibited or compatible pollutants regulated by this chapter and contained in its discharge and the average and maximum daily flow in gallons per day. The report shall also state whether the applicable pretreatment standards or requirements are being met on a consistent basis and, if not, what additional operations and maintenance and/or pretreatment is necessary to bring the discharger into compliance with the applicable standards and requirements. This statement shall be signed by an authorized representative of the discharger and certified by a qualified professional engineer.

B. Such reports shall be completed in compliance with the current General Pretreatment Regulations for Existing and New Sources of Pollution as published in the Federal Register, 40 CFR Parts 125 and 403.

C. If the information required has already been provided, and that information is still accurate, the user shall reference the submitted information and is not required to submit it again.

(Ord. 553 §1 (4-13.01), 1982)

13.12.600 Report--Periodic compliance reports.

A. Any user that is required to have an industrial waste discharge permit shall submit to the manager/plant superintendent during the months of June and December, unless required on other dates and/or more frequently, a report indicating the nature of the effluent over the previous six-month period. The report shall include, but is not limited to, the concentration (and mass if limited in the permit) of the limited pollutants and record of all daily flow measurements which exceeded the average daily flow reported in Section 13.12.580.

B. The frequency of the monitoring shall be determined by the plant superintendent and specified in the industrial waste discharge permit. If there is an applicable effective National Categorical Pretreatment Standard, the frequency shall not be less than that prescribed in the standard.

C. Flows shall be reported on the basis of actual measurement; provided, however, where cost or feasibility considerations justify, the plant superintendent may accept reports of average and maximum flow estimated by verifiable techniques.

D. The plant superintendent may require reporting by dischargers that are not required to have an industrial waste discharge permit if information and/or data is needed to establish a sewer rate charge, determine the treatability of the effluent or determine any other factor which is related to the operation and maintenance of the sewer system.

(Ord. 553 §1 (4-13.02), 1982)

13.12.610 Information to be confidential.

A. Any records, reports or information obtained under this chapter shall be available to the public or any governmental agency, unless classified by the authorized representative as confidential. In order to obtain a classification of confidential on all or part of any records, reports or information submitted, the discharger shall: (1) submit a written request to the plant superintendent identifying the material that is desired to be classified as confidential and (2) demonstrate to the satisfaction of the plant superintendent that records, reports or information, or particular parts thereof, if made public, would divulge a secret process, device or method of manufacturing or production entitled to protection as trade secrets or proprietary information of the discharger.

B. Information and date on discharge quantity and quality submitted pursuant to this chapter shall not be classified as confidential.

C. Records, reports of information or parts thereof classified as confidential shall not be released or made part of any public record or hearing unless such release is ordered by a court of competent jurisdiction. However, such confidential information shall, upon written request, be made available to state or federal agencies having jurisdiction, duties or responsibilities relating to this chapter, the NPDES or state of Oregon waste disposal laws and regulations. Confidential information shall not be transmitted to any governmental agency until and unless a ten-day written notification is given to the discharger and unless the governmental agency receiving the confidential information has procedures for safeguarding the information.

(Ord. 553 §1 (4-14), 1982)

13.12.620 Pretreatment facilities.

A. If treatment facilities, operation changes or process modifications at an industrial discharger’s facility are needed to comply with any requirements under this section or are necessary to meet any applicable state or federal requirements, the plant superintendent may require that such facilities be constructed or modifications or changes be made within the shortest reasonable time, taking into consideration construction time, impact of the untreated waste on the sewer system, economic impact on the facility, impact of the waste on the marketability of the treatment plant sludge, and any other appropriate factor.

B. Any requirements in subsection A of this section may be incorporated as part of an industrial waste discharge permit and made a condition of issuance of such permit or may be incorporated in a contractual agreement between the plant superintendent and the affected facility and made a condition of the acceptance of the waste from that facility.

C. Any facilities required to pretreat wastewater to a level acceptable to the plant superintendent shall be provided, operated and maintained at the user’s expense. Detailed plans showing the pretreatment facilities and operating procedures shall be submitted to and approved by the manager/plant superintendent before construction of the facility. The review of such plans and operating procedures will in no way relieve the user from the responsibility of modifying the facility as necessary to produce an acceptable effluent under the provisions of this chapter. Any subsequent changes in the pretreatment facilities or method of operation shall be reported to and be acceptable to the manager/plant superintendent prior to the user’s initiation of the changes.

(Ord. 553 §1 (4-15), 1982)

13.12.630 Records retention.

All users subject to this chapter shall retain and preserve for no less than three years, all records of information resulting from any monitoring activities required by this section. Such records shall include for all samples: the date, sample location, method, time of sampling and the names of the person or persons taking the samples; the dates analyses were performed; who performed the analyses; the analytical techniques/methods used; and results of such analyses. All records which pertain to matters which are the subject of any enforcement or litigation activities pursuant hereto shall be retained and preserved by the user until all enforcement activities have concluded and all periods of limitation with respect to any and all appeals have expired.

(Ord. 553 §1 (4-16), 1982)

13.12.640 Connection to system--Approval required.

No connection shall be made to the system without prior approval and until conditions allowing hook-up defined in the industrial waste discharge permit are satisfied where applicable.

(Ord. 553 §1 (5-01), 1982)

13.12.650 Extra-strength industrial waste discharges.

The plant superintendent may agree to accept industrial wastewater which exceeds the limitations set forth in Section 13.12.400; provided that:

A. Limitations established in compliance with promulgated National Categorical Pretreatment Standards under the Clean Water Act are not exceeded; and

B. Adequate treatment capacity exists at the POTW for effectively treating the additional waste strength; and

C. The wastewater is being discharged to a sanitary sewer; and

D. The user shall not relinquish responsibility for all other provisions of the section.

(Ord. 553 §1 (5-02.01), 1982)

13.12.660 Extra-strength industrial waste--Rates.

A. Concentration. The concentration of each pollutant in excess of specified limits as measured during the representative sampling period shall be used to determine the extra-strength sewage charge rate (dollars per thousand gallons) for the wastewater throughout the time interval between sampling periods. The extra-strength sewage charge rate shall be based on the extra-strength rates for each pollutant through a procedure defined in Section 13.12.670.

B. Volume. If the entire water supply contributing to industrial wastewater production is separated from the water supply for domestic sewage or waters not discharged to a sewer, the industrial waste charge shall be based upon the metered volume of water used for the commercial or industrial occupancy separated from the domestic sewage and nonwaste water. If the industrial waste is not separately supplied or separately metered, then the industrial waste charge shall be based upon either the metered volume of water used from public and/or private water supplies or the measured volume of total sewage, with appropriate allowances for the volume of domestic sewage at permissible limits of strength, and allowance for other waters not discharged to the sewer. Industrial waste measurement methods shall first be approved by the plant superintendent.

(Ord. 553 §1 (5-02.02), 1982)

13.12.670 Rate determination.

For each discharger, the composite charge rate shall normally be employed. If unusual conditions exist, an alternate method may be used:

A. Composite Charge Rate. This rate for industrial wastes is based on the average of each day’s composited sample taken three times per year for the initial year and at least once in the subsequent eighteen months, except when specified otherwise, based on rates established by the regional sewer rate committee. A composite sample is a series of samples mixed together so as to approximate the average strength of discharge to the sewer. The composite sample for each day may consist of a pool of twenty-four samples, each taken hourly and shall be flow proportioned. The sampling period may include any twenty-four consecutive hour period, not necessarily midnight to midnight.

B. Other Charge Rates. If unusual effluent conditions make the calculations by the peak or composite methods impossible or unrealistic, then by mutual agreement, another method of sampling and computation may be implemented.

(Ord. 553 §1 (5-02.03), 1982)

13.12.680 Extra-strength rate schedule.

Extra-strength charges shall be established by the regional sewer rate committee and collectible in the same manner as other sewer charges.

(Ord. 553 §1 (5-02.04), 1982)

13.12.690 Minimum charges--Suspension.

The regional sewer rate committee may establish a minimum limit for monthly extra-strength charges. The billing for all accounts whose monthly extra-strength charges are below this minimum limit will be suspended until such time as they are found to be higher.

(Ord. 553 §1 (5-02.05), 1982)

13.12.700 Adjustments.

The plant superintendent may check sewage strength as outlined in this section and recommend that extra-strength charges be adjusted where applicable at any time in accordance with the most recent analysis.

(Ord. 553 §1 (5-02.06), 1982)

13.12.710 Resampling request--Fees.

Any user may request the plant superintendent to resample wastewater at no charge if eighteen months or more have elapsed since the last sampling. If less than eighteen months have elapsed since the last sampling, then requests for the plant superintendent to resample waste shall be submitted in writing and accompanied by full payment to the city of Medford for the resampling fee. The fee to each account for each day of sampling shall be established by the regional sewer rate committee.

(Ord. 553 §1 (5-02.07), 1982)

13.12.720 Spill prevention provisions.

No user shall include discharge to the sanitary sewer as a part of a contingency plan required by other federal or state regulation, or to fulfill the requirements of any other regulatory permit. Containment on site according to methods approved by the EPA and/or the DEQ shall be used.

(Ord. 553 §1 (5-02.08), 1982)

13.12.730 Season operation notification.

A. Any user discharging more than ten thousand gallons per day is requested to notify the plant superintendent as early as possible prior to commencing discharge to the sewer if the user’s operation has not been in operation for any thirty day period prior to restarting. Notification seven days prior to the first discharge allows the treatment plant to prepare the biological system for increased loading. Information supplied should include approximate hours of operation, number of shifts and estimated production rates in gallons per day and strength of waste for the first week of operation.

B. Any user discharging more than ten thousand gallons per day in a seasonal operation is requested to notify the plant superintendent approximately seven days in advance of a shut down anticipated to be thirty days or greater in duration.

(Ord. 553 §1 (5-02.09), 1982)

13.12.740 Credit for off-peak hour discharges.

Favorable consideration will be given to users that can discharge compatible waste during low flow periods of the night and on weekends. Case by case consideration will be given to those users with recommendation of the plant superintendent to the participant for rate adjustments with decreased impact on the POTW.

(Ord. 553 §1 (5-02.10), 1982)

13.12.750 Termination or limitation.

Notwithstanding prior acceptance into the regional facilities of industrial wastes under this section, if the plant superintendent finds that industrial waste from a particular commercial or industrial occupancy or a class of wastes from similar commercial or industrial occupancies constitute a nuisance or may create a hazard to the regional facilities or receiving waters, the plant superintendent may limit the characteristics or volume of the industrial wastes accepted under this section, or may terminate the acceptance. Notice of the limitation or termination shall be given in writing to the occupant or the property involved and shall specify the date when the limitation or termination is to be effective. It is unlawful for any person to discharge or permit the discharge of industrial waste in violation of this notice. Any users feeling aggrieved by this action may follow appeal procedures defined in Sections 13.12.460 and 13.12.470.

(Ord. 553 §1 (5-02.11), 1982)

Article VII. APPEALS

13.12.760 Regional sewer committee.

Any user feeling himself aggrieved by any decision or action of the plant superintendent taken pursuant to the industrial discharge sections of this chapter may appeal to the regional sewer rate committee by filing written notice of appeal with the chairman of the regional sewer rate committee with copy to the manager/plant superintendent within forty-five days following such decision or action. Such notice of appeal shall set forth in reasonable detail the action or decision appealed from the appellant’s ground for reversal or modification thereof. Within twenty days following receipt of such notice, the regional sewer rate committee shall set a time for hearing upon such appeal which shall not be less than ten nor more than forty days following such receipt. The action of the regional sewer rate committee upon such appeal shall be conclusive, subject to appeal in the manner required by law.

(Ord. 553 §1 (14-01), 1982)

13.12.770 City authority.

Any person, firm or corporation feeling himself aggrieved by any decision or action of the city made or taken pursuant to this chapter may appeal to the board by filing written notice of appeal with the manager within forty-five days following such decision or action. Such notice of appeal shall set forth in reasonable detail the action or decision appealed from the appellant’s ground for reversal or modification thereof. Within twenty days following receipt of such notice, the board shall set a time for hearing upon such appeal which shall not be less than ten nor more than forty days following such receipt. The action of the board upon such appeal shall be conclusive, subject to appeal in the manner required by law.

(Ord. 553 §1 (14-02), 1982)

Article VIII. ENFORCEMENT—VIOLATIONS

13.12.780 Denial of connection.

No person, firm or corporation may connect a sewer to the city system unless they comply with all provisions of this chapter.

(Ord. 553 §1 (13-01), 1982)

13.12.790 Stop work order.

If any person, firm or corporation shall construct a public sewer, service connection, building sewer or private sewer in violation of this chapter, the city may issue an order to such person, firm or corporation to stop work in progress which is not then in compliance with this chapter or the city may issue an order to correct work which has been performed. Such person, firm or corporation shall forthwith take such action as may be necessary to comply with such order and with this chapter, all at their expense.

(Ord. 553 §1 (13-02), 1982)

13.12.800 Delinquency--Debt to city.

Sewer service charges levied in accordance with the terms of this chapter and Chapter 13.16, as amended, shall be a debt due to the city. If this debt is not paid within thirty days after it shall be due and payable, it shall be deemed delinquent and may be recovered as provided in ORS 450.880.

(Ord. 553 §1 (13-03), 1982)

13.12.810 Delinquency--Change of ownership.

Change of ownership or occupancy of premises found delinquent shall not be cause for reducing or eliminating these penalties.

(Ord. 553 §1 (13-04), 1982)

13.12.820 Penalties designated.

A. 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 violation.

B. Any person who shall continue any violation beyond the time limit provided for in subsection A of this section shall be guilty of a misdemeanor, and on conviction thereof, shall be fined in an amount not exceeding one hundred dollars for each violation. Each day in which any such violation shall continue shall be deemed a separate offense.

C. Any person violating any of the provisions of this chapter shall be liable to the city for any expense, loss or damage occasioned the city by reason of such violation.

D. The city reserves the right to injunctive relief against violation of any of the provisions of this chapter.

(Ord. 553 §1 (13-05), 1982)

13.12.830 Industrial connections--Violations.

A. A violation shall have occurred when any industrial connection requirement of this chapter has not been met; when a written request of the plant superintendent with a copy to the city made under the authority of this chapter, is not met within the specified time; when a condition of an industrial discharge permit or contract issued under the authority of this chapter is not met within the specified time; when effluent limitations are exceeded, regardless of intent or accident; or when false information has been provided by the discharger.

B. Each day a violation occurs shall be considered as a separate violation.

(Ord. 553 §1 (6-01), 1982)

13.12.840 Industrial connections--Violation notice.

Upon determination by the plant superintendent that a violation has occurred or is occurring, the plant superintendent shall, in accordance with Section 13.12.860, issue a notice of violation to the discharger with a copy to the city which outlines the violation and the potential liability as well as any proposed enforcement actions. The notice may further request correction of the violation within a specified period of time, or require written confirmation of the correction or efforts being made to correct the violation by a specified date, or both. The notice shall be personally delivered to the user’s premises or be sent by certified mail, return receipt requested.

(Ord. 553 §1 (6-02), 1982)

13.12.850 Industrial connections--Hearing.

Except in situations determined to be emergencies in accordance with Section 13.12.860(C)(2), any notice of violation which contains proposed enforcement actions consisting of termination or suspension, or both, shall include notice of an opportunity for an informal hearing before the plant superintendent, which hearing shall be not less than ten days prior to the date set forth in the notice for the taking of such enforcement action.

(Ord. 553 §1 (6-03), 1982)

13.12.860 Industrial connections--Failure to correct.

A. In the event a user shall fail to correct any violation within the time specified by the plant superintendent, the superintendent with the concurrence of the city may initiate appropriate civil or criminal proceedings for violation of this chapter in a court of competent jurisdiction.

B. With or without the initiation of judicial proceedings, the plant superintendent, with authorization of the city, may terminate a discharge into the sewer system or suspend such discharge for a specified length of time if:

1. The discharge presents or may present an imminent substantial endangerment to the health or welfare of persons or the environment, or causes the interference with the operation of the sewer system; or

2. The permit to discharge into the sewer system was obtained by misrepresentation of any material fact or lack of full disclosure.

C. Notice of termination or suspension shall be provided to the discharger with a copy to the city prior to terminating or suspending the discharge.

1. In situations that are determined not to be emergencies, the notice shall be in writing, shall contain the reasons for the termination or suspension, the effective date and the name, address and telephone number of a contact person and shall be personally delivered to the user’s premises with a copy to the city or mailed by certified mail, return receipt requested, thirty days prior to the date specified for termination or suspension.

2. In situations that are determined to be emergencies by the plant superintendent the initial notice may be verbal or written and shall contain the information required in subdivision 1 of this subsection.

a. If verbal notice is given, it shall be delivered to the industrial user’s authorized representative of the discharging facility and shall be followed within two working days be written notice with copy to the city that is mailed or delivered to the business address of the discharger. The effective date of the termination or suspension in emergency situations may be immediately after verbal or written notice has been given as required in this subsection.

b. For the purposes of this section, an emergency situation is defined as a situation which, in the opinion of the plant superintendent, action must be taken as rapidly as possible in order to prevent or reduce a present or potential danger or hazard.

(Ord. 553 §1 (6-04), 1982)

13.12.870 Industrial connections--Restoration of service.

Sewer service shall not be restored until all charges, including the expense of removal, closing and restoration, shall have been paid or mutually agreed upon terms concluded and the cause for discontinuance of service corrected.

(Ord. 553 §1 (6-05), 1982)

13.12.880 Industrial connections--Fines.

Any person who shall continue any violation beyond the time limit provided for correction thereof, shall be guilty of a misdemeanor, and on conviction thereof, shall be fined in an amount not exceeding one hundred dollars for each violation. Each day in which any such violation shall continue shall be deemed a separate offense. Fines collected shall go into the trust fund for operation and maintenance of the POTW.

(Ord. 553 §1 (6-06), 1982)

13.12.890 Change of ownership--Occupancy.

Change of ownership or occupancy of premises found delinquent shall not be cause for reducing or eliminating these penalties.

(Ord. 553 §1 (6-07), 1982)

13.12.900 Cost recovery.

A. The plant superintendent or city may recover all reasonable costs of repairing damages to the damaged portion of the regional facilities and of paying fines or penalties which result from a discharge not in compliance with this chapter. Costs recovered will be apportioned in proportion to damages sustained by either party.

B. Notice of intent to recover shall be by letter to the discharger; sent certified mail, return receipt requested, which states the specific violation(s), the damages and penalties sustained by the city, the costs of those damages and penalties, and the costs determined as attributable to the discharge and, therefore, billed to the user.

C. The costs are due and payable to the aggrieved party by the user upon receipt of the letter.

D. The plant superintendent with prior authorization from the city may terminate the discharge for nonpayment of costs that the user has been ordered to pay.

(Ord. 553 §1 (6-08), 1982)

13.12.910 Operating upsets.

Any user which experiences an upset in operation which places the user in a temporary state of noncompliance with this chapter or an industrial wastewater discharge permit issued pursuant to Sections 13.12.440 through 13.12.470 shall inform the manager/plant superintendent of the upset immediately and in no case more than twenty-four hours of the first awareness of it. Where such information is given orally, a written follow-up report with a copy to the city shall be filed by the user with the plant superintendent within five days. The report shall specify:

A. Description of the upset, the cause thereof and the upset’s impact on the user’s compliance status;

B. Duration of noncompliance, including exact dates and times of noncompliance, and if the noncompliance continues, the time by which compliance is reasonably expected to occur;

C. All steps taken or to be taken to reduce, eliminate and prevent recurrence of such an upset or other conditions of noncompliance.

D. Compliance and verified bona fide operating upset shall be an affirmative defense to any enforcement action brought by the plant superintendent against the user for any noncompliance with this chapter or any industrial wastewater discharge permit issued pursuant to Sections 13.12.440 through 13.12.470 which arises out of violations alleged to have occurred during the period of the upset.

(Ord. 553 §1 (6-09), 1982)