Chapter 51

The city adopts and incorporates herein by reference the following as they presently exist or may hereinafter be amended: ORS 447.010 through 447.140, the State Plumbing Code and applicable administrative rules of the Director of Commerce.

(Ord. 981, passed 1-28-92; Am. Ord. 1280, passed 11-8-22)

51.002 DEFINITIONS.

For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning:

APPLICANT. The person(s) applying for a sewer connection permit. The applicant shall be the owner of the premises to be served by the sewer for which a permit is requested, or his/her designated agent authorized in writing to act on his/her behalf.

BOD (BIOCHEMICAL OXYGEN DEMAND). The quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory procedure in five days at 20ºC, expressed in milligrams per liter.

BUILDING. Any structure used for human habitation, employment, place of business, recreation or any other purpose, containing sanitary facilities.

BUILDING DRAIN. That part of the lowest horizontal 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 discharge to the building sewer, beginning at a point five feet outside the established line of the building structure including any structural projection except eaves.

BUILDING SEWER. The extension from the building drain to the public sewer service connection or other points of disposal.

CITY. The corporate limits of the City of Prineville or the municipal government thereof.

CLEANOUT. A sealed aperture permitting access to the building sewer pipe for stoppage removal and other cleaning purposes.

COLLECTION SYSTEM. The system of public and private sewers which are operated by the city and are designed for the collection and conveyance of sanitary sewage.

DEQ. The Oregon Department of Environmental Quality.

DWELLING UNIT. A structure, or portion thereof, consisting of one or more rooms designed for permanent or semi-permanent occupancy which at a minimum provides the occupants with a kitchen, sleeping and sanitary facilities.

GARBAGE. Solid wastes from the domestic and commercial preparation, cooking, and dispensing of food, and from the handling, storage and sale of produce.

INDUSTRIAL WASTES. Any liquid, gaseous, radioactive or solid waste substance, or a combination thereof resulting from any process of industry, manufacturing, trade or business or from the development or recovery of any natural resources as distinct from sanitary sewage.

NATURAL OUTLET. Any outlet into a watercourse, pond, ditch, lake or other body of surface or ground water.

OWNER OF RECORD. The person(s) or legal entity as shown on the last available complete county tax assessment rolls or deed records. "Property owner" or "owner" shall be equivalent terms for "owner of record."

PERSON. Any individual, firm, company, association, society, corporation or group.

pH. The logarithm of the reciprocal of the weight of hydrogen ions in grams per liter of solution.

PROPERLY SHREDDED GARBAGE. The wastes from the preparation, cooking and dispensing of food, and the handling, storage and sale of produce, that have been shredded to a degree that all particles will be carried freely under the flow conditions normally prevailing in public sewers, with no particle greater than one-half inch (1.27 centimeters) in any dimension.

PUBLIC SEWER. A sewer in which all owners of abutting properties have equal rights that is owned and controlled by the city. This includes the system from the point of connection of the building drain and/or building sewer to a septic tank effluent pumping (STEP) system to the sanitary sewer collection system and the ultimate sewage treatment process.

PUBLIC WORKS DIRECTOR. The Public Works Director of the city, or his/her authorized deputy, agent, or representative.

SANITARY SEWER. A pipe or conduit intended to carry liquid and water-carried wastes from residences, commercial buildings, industrial plants and institutions together with minor quantities of ground, storm and surface waters that are not intentionally admitted into the system.

SERVICE CONNECTION. That part of the public sewer which extends from the mainline in a street, alley or public easement and receives flow from a building sewer or a building drain and which may or may not include a STEP system.

SEWAGE. A combination of water-carried wastes from residences, commercial buildings, industrial establishments and institutions or other places, together with minor quantities of ground, storm and surface waters that are not intentionally admitted into the sewer system.

SEWAGE TREATMENT PLANT. Any arrangement of devices and structures used in the process of treating sewage.

SEWAGE WORKS. All facilities for collecting, pumping, treating and disposing of sewage.

SHALL is mandatory; MAY is permissive.

SLUG. Any discharge of water, sewage or industrial waste which in concentration of any given constituent or in quantity of flow exceeds for any period of duration longer than 15 minutes more than five times the average 24-hour sewage concentration or flows during normal operation.

STANDARDS AND SPECIFICATIONS. A city document adopted by resolution of the City Council, and any amendments thereto, which sets forth the minimum standards for public works improvements within the urban growth boundary of the city.

STEP SYSTEM. A septic tank effluent pump system designed for a specific user application which is owned, operated and maintained privately or by the city. It is required as a condition for service to pretreat sewage and pressurize the resulting effluent for delivery to a street sewer in areas where gravity sewer is not possible or the street sewer is a pressure sewer designed for septic tank effluent.

STORM SEWER or STORM DRAIN. A sewer designated to carry only storm waters, surface runoff, drainage and street wash waters, but excludes sewage and industrial wastes, other than unpolluted cooling water.

SUSPENDED SOLIDS. Solids that either float on the surface of, or are in suspension in, water, sewage or other liquids, and which are removable by laboratory filtering.

WATERCOURSE. A channel in which a flow of water occurs, either continuously or intermittently.

(Ord. 981, passed 1-28-92; Am. Ord. 1280, passed 11-8-22)

PUBLIC SEWER USE REQUIRED

51.015 DEPOSIT OF OBJECTIONABLE WASTE.

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

(Ord. 981, passed 1-28-92; Am. Ord. 1280, passed 11-8-22) Penalty, see § 51.999

51.016 DISCHARGE OF UNTREATED WASTE.

It shall be unlawful to discharge to any natural outlet within the city, or in any area under the jurisdiction of the city, any sewage or other polluted waters, except where suitable treatment has been provided in accordance with subsequent provisions of this chapter, city ordinance and enacting Council resolutions.

(Ord. 981, passed 1-28-92; Am. Ord. 1280, passed 11-8-22) Penalty, see § 51.999

51.017 PRIVIES AND CESSPOOLS.

Except as hereinafter provided, it shall be unlawful to construct or maintain any privy vault, septic tank, cesspool or any other facilities intended or used for the disposal of sewage.

(Ord. 981, passed 1-28-92; Am. Ord. 1280, passed 11-8-22) Penalty, see § 51.999

51.018 CONNECTION TO PUBLIC SEWER REQUIRED.

The owner of all property, buildings or dwelling units used for human occupancy, employment, recreation or any other purpose situated within the city that needs or requires sewer by law shall connect to the public sewer system in accordance with the provisions of this chapter, the city’s standards and specifications, the city’s land use code and any other applicable city ordinance. If the public sewer system is not available within the abutting street, alley or through public easement, the public sewer may need to be extended at the owner’s expense.

(Ord. 981, passed 1-28-92; Am. Ord. 1280, passed 11-8-22) Penalty, see § 51.999

PRIVATE SEWAGE DISPOSAL

51.030 CONFLICTING PROVISIONS.

No statement contained in this subchapter shall be construed to interfere with any current or to-be-published requirements that may be imposed by the Oregon State Department of Environmental Quality.

(Ord. 981, passed 1-28-92; Am. Ord. 1280, passed 11-8-22)

51.031 PRIVATE DISPOSAL AUTHORIZED.

Where a public sanitary sewer connection is not available or required by this chapter or any other city, county or state law, ordinance or regulation, a private sewage disposal system may be authorized by the city and any applicable agency.

(Ord. 981, passed 1-28-92; Am. Ord. 1280, passed 11-8-22)

51.032 PERMITS AND WAIVERS.

Before construction is commenced relative to a private sewage disposal system, the property owner must obtain a written waiver from the city concerning the current availability of the city sewer system or written permission by the city and applicable agency to construct a private sewage disposal system. Second, the property owner shall obtain a written permit from the local authority for such systems and/or Oregon State Department of Environmental Quality (DEQ) relating to the construction and use of a private sewage disposal system.

(Ord. 981, passed 1-28-92; Am. Ord. 1280, passed 11-8-22) Penalty, see § 51.999

51.033 CONNECTION TO PUBLIC SEWER REQUIRED.

A property or building with an existing private sanitary sewer system that is within 100 feet of a public sewer system or other distance prescribed by DEQ shall connect to that system upon failure of a private sanitary sewer system. Failure of a private sanitary sewer system shall be determined by the local authority for such systems and/or DEQ. Any connections made to the public sewer shall be made in compliance with this chapter and any other applicable city ordinance. Any septic tank, cesspools or other similar private sewage disposal facilities shall be abandoned at the property owner’s expense, in accordance with the local authority and existing state law.

(Ord. 981, passed 1-28-92; Am. Ord. 1280, passed 11-8-22) Penalty, see § 51.999

51.034 OPERATING PRIVATE SEWER SYSTEMS.

The property owner shall be required to operate and maintain the private sewage disposal system facilities in a sanitary manner at all times and at no expense to the city.

(Ord. 981, passed 1-28-92; Am. Ord. 1280, passed 11-8-22) Penalty, see § 51.999

BUILDING SEWERS AND CONNECTIONS

51.045 PERMITS.

(A) Authority to open into, make connections or cover. No unauthorized person shall uncover, make any connections with or opening into, use, alter or disturb any public sewer or appurtenance thereof without first obtaining a written permit from the city. Applications for permits shall be made at the City Hall.

(B) Before permit issuance. Before the applicant can be issued a permit, the applicant must pay the connection fee and inspection fee for the installation of the public sewer system connection. Once issued, each permit shall be valid for 60 days from the date of issuance.

(C) Classes of connection permits. There shall be three classes of building service connection permits: for residential services, for commercial service and for service to establishments producing industrial wastes. In any case, the applicant shall make application on a special form furnished by the city. The permit application shall be supplemented by a site plan or other information considered pertinent in the judgment of the Public Works Director. The specific permit and inspection fees for each class of building service connection permits, which are to be paid at the time the application is filed, are set out under a separate city ordinance.

(Ord. 981, passed 1-28-92; Am. Ord. 1280, passed 11-8-22) Penalty, see § 51.999

51.046 FEES, CHARGES AND RATES.

All permit fees, inspection fees, installation charges, connection fees and user rates for the city shall be set by separate Council resolution.

(Ord. 981, passed 1-28-92; Am. Ord. 1280, passed 11-8-22)

51.047 COSTS AND EXPENSES.

All costs and expenses incident to the associated extension of the public sewer, and the ultimate installation and connection of the building sewer to the public sewer shall be borne by the property owner and shall be in accordance with city standards and specifications. The property owner shall indemnify the city from any loss or damage that may directly or indirectly be occasioned by the installation of the building sewer. If the city is requested to make the connection to the applicant’s building drain or building sewer, the costs shall include engineering, construction management, excavation, installation, materials, backfill, street repair and related overheads. Before construction commences the applicant shall deposit with the city the necessary funds, or security acceptable to the city, as estimated by the city, for the completion of the extension of the public sewer, including the estimated cost of a STEP system when required. Within 30 days after completion of the project the property owner will pay or the city will return to the property owner any difference in the actual cost of the project and the estimated cost for which the deposit was made.

(Ord. 981, passed 1-28-92; Am. Ord. 1280, passed 11-8-22) Penalty, see § 51.999

51.048 SEPARATE BUILDING SEWERS.

(A) A separate and independent building sewer shall be provided for each individual building. Each building on the same property may collect into a single larger service for connection to the public sewer.

(B) Each separate and independent building shall pay all applicable fees associated with connecting to the public sewer system. These fees may include system development charges (SDCs), connection fees and inspection fees.

(Ord. 981, passed 1-28-92; Am. Ord. 1280, passed 11-8-22) Penalty, see § 51.999

51.049 USE OF EXISTING BUILDING SEWERS.

Existing building sewers may be used in connection with new buildings only when they are found, with proper examination and testing by the city and/or its Public Works Director, to meet all requirements of this chapter and city standards and specifications.

(Ord. 981, passed 1-28-92; Am. Ord. 1280, passed 11-8-22) Penalty, see § 51.999

51.050 CONSTRUCTION STANDARDS.

(A) Sewer construction standards.

(1) The size, slope, alignment, and materials of construction of a building sewer and the methods to be used in excavating, placing of pipe, jointing, testing, backfilling the trench and the connection to the public sewer, including a STEP system where applicable, shall all conform to the city’s standards and specifications, requirements of any applicable building code, the State Plumbing Code and the Administrative Rules of the Director of Commerce, and other applicable rules, regulations and resolutions of the city, as they presently exist, or may hereafter be amended or enacted.

(2) All ultimate connections to the public sewer, including a STEP system where applicable, shall be made gastight and watertight. Any deviations from the prescribed procedures and materials must be approved by the city’s Public Works Director before installation.

(B) Building drain connection elevation. Whenever possible, the building sewer shall be brought to the building at an elevation below the basement floor. In all buildings in which the building drain is too low to permit gravity flow to the public sewer, the sanitary sewage carried by the building drain shall be lifted by a means approved by building code and discharged to the building sewer. This lift system shall be designed, constructed, maintained, owned, and operated by the building owner.

(Ord. 981, passed 1-28-92; Am. Ord. 1280, passed 11-8-22) Penalty, see § 51.999

51.051 SURFACE RUNOFF.

No person shall make connection of roof downspouts, exterior foundation drains, areaway 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, unless expressly allowed by the city.

(Ord. 981, passed 1-28-92; Am. Ord. 1280, passed 11-8-22) Penalty, see § 51.999

51.052 STEP SYSTEMS.

Specific STEP system installation requirements are as follows:

(A) Ownership. A STEP system may be privately or publicly owned as required by the city. If publicly owned, a dedication of property or an easement to access, operate and maintain the system shall be given to the city prior to use of the public sewer. The pressure pipelines located in public rights-of-way shall be owned and operated by the city.

(B) Notice of connection. The applicant for the STEP system construction shall notify the Public Works Director at least two weeks prior to the need for the sewer application in order for the city to arrange for connection to the public sewer.

(C) Installation specifications. The materials, excavation and installation of the STEP system shall be in accordance with the plans and specifications of the city, whether it is publicly or privately owned. As such, individual electrical and pump needs will have to be determined for each individual service connection.

(D) Operation and maintenance. STEP systems shall be owned, maintained and operated by the property owner or owners. Electrical power for the STEP system shall be arranged and provided by the applicant. Suitable electrical rough-in, consistent with applicable city and state electrical codes, for the structure(s) to be served is a condition for the connection of service to the sewer system. Rough-in, as well as other electrical costs, is the responsibility of the applicant. All installation, operation, and maintenance costs shall be paid for by the applicant. Installation of a STEP system shall not be done in an attempt to limit monthly sewer charges.

(Ord. 981, passed 1-28-92; Am. Ord. 1280, passed 11-8-22) Penalty, see § 51.999

51.053 EXCAVATION REGULATIONS.

(A) Restoration of public property. All streets, sidewalks, parkways and any other public property disturbed in the course of the service connection installation shall be restored in a manner satisfactory to the city. All repairs or replacements shall be made at the expense of the property owner.

(B) Safety measures. All excavation for building sewer installation shall be adequately guarded with barricades and lights in order to protect the public from hazard. The type of safety measures relied upon will be conducted in a manner satisfactory to the city. Construction safety shall be the ultimate responsibility of the installation contractor.

(Ord. 981, passed 1-28-92; Am. Ord. 1280, passed 11-8-22) Penalty, see § 51.999

51.054 INSPECTION AND CONNECTION.

The applicant for the building sewer permit shall notify the Public Works Director when the building sewer installation is ready for inspection and connection to the public sewer. The connection shall be made under the supervision of the Public Works Director or a designated representative. No cover shall be added until the proper level of inspection and connection related supervision has been conducted.

(Ord. 981, passed 1-28-92; Am. Ord. 1280, passed 11-8-22) Penalty, see § 51.999

PUBLIC SEWER USE REGULATIONS

51.070 USE OF PUBLIC SEWERS.

(A) No person shall discharge or cause to be discharged into a sanitary sewer the following described substances, materials, waters or wastes if it appears likely, in the opinion of the Public Works Director and/or the Department of Environmental Quality, that the wastes can harm either the sewers, sewage 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 his/her opinion as to the acceptability of these wastes, the Public Works Director 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 sewage treatment process, capacity of the sewage treatment plant, degree of treatability of wastes in the sewage treatment plant and other pertinent factors. Refer to § 53.125 for additional guidance on prohibited discharges.

(B) Waste rejection, discharge control, or pretreatment.

(1) If any waters or wastes are discharged, or are proposed to be discharged to the public sewers, which contain the substances or possess the characteristics in subsection (A) of this section, and which in the judgment of the Public Works Director may have a deleterious effect upon the sewage works, processes, equipment or irrigation lands and/or receiving waters, or which otherwise create a hazard to life or constitute a public nuisance, the Public Works Director may do the following:

(a) Reject the wastes.

(b) Require pretreatment to an acceptable condition as a requirement for discharge to the public sewers.

(d) Require additional payment to cover the added cost of handling and treating the wastes not covered by existing taxes or sewer charges under § 51.102.

(2) If the Public Works Director permits the pretreatment or equalization of waste flows, the design and installation of the facilities and equipment shall be subject to the review and approval of the Public Works Director, and subject to the requirements of all applicable codes, ordinances and laws.

(Ord. 981, passed 1-28-92; Am. Ord. 1280, passed 11-8-22) Penalty, see § 51.999

INFILTRATION AND INFLOW

51.085 NOTICE TO CORRECT.

All property owners identified by the city as contributors to excessive or improper infiltration or inflow into the public sewer shall be advised in writing of their infiltration and inflow problems by the city.

(Ord. 981, passed 1-28-92; Am. Ord. 1280, passed 11-8-22)

51.086 TIME LIMIT FOR CORRECTIVE ACTION.

The owners of all properties who need to take corrective action shall be provided a 60-day grace period in which to correct the infiltration and inflow problems as identified by the city unless such inflows are detrimental to the public sewer. The 60-day grace period shall commence on the date of notification.

(Ord. 981, passed 1-28-92; Am. Ord. 1280, passed 11-8-22)

51.087 NOTICE OF CORRECTIVE ACTION TAKEN.

By the end of the 60-day grace period, each property owner shall notify the city that corrective actions have been or are in progress of being taken.

Details with respect to corrective actions taken or expected to be taken and the anticipated completion date shall be specified in the notification to the city.

(Ord. 981, passed 1-28-92; Am. Ord. 1280, passed 11-8-22)

51.088 FAILURE TO CORRECT.

(A) Failure to notify. A property owner who fails to notify the city of corrective actions prior to the end of the 60-day grace period shall be subject to termination of service, without further notice. The termination of service shall include immediate discontinuance and shut off of the property owner’s water service, if the service is provided by the city, until the violation shall have been corrected in accordance with federal, state and city regulations.

(B) Continuation of excess infiltration or inflow. In the instance that excessive or improper infiltration or inflow into the public sewer of the city is detrimental to the operation of the public sewer or continues beyond the 60-day grace period, it is hereby declared that the continuing infiltration or inflow is a public nuisance, that the city shall have the right to abate the public nuisance and to enter upon any private property connected to the public sewer for such purpose and shall assess the cost of the abatement as a lien against the property upon which the continuing infiltration and inflow occurs and shall assess the cost of the abatement to the property upon or from which the infiltration and inflow occur. The assessment shall be levied by the filing of a statement of the costs together with the description of the property or properties to be assessed, together with the names of the owner(s) thereof with the City Manager, whereupon the City Manager shall forthwith enter the assessment as a lien against the property. An administration fee of 15% of the cost shall also be charged and collected by the city in addition to all costs of abatement.

(Ord. 981, passed 1-28-92; Am. Ord. 1280, passed 11-8-22) Penalty, see § 51.999

SERVICE; CHARGES AND BILLING

51.100 DEFINITIONS.

For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning. All definitions included in § 51.002 are incorporated herein by reference.

COMMERCIAL USER. Any premises used for commercial or business purposes which are not determined to be an industrial user as defined in this subchapter.

DOMESTIC WASTE. Any wastewater which would, under ordinary facts and circumstances, emanate from dwellings.

EQUIVALENT DWELLING UNIT (EDU). A volume of wastewater emanating from an average residential dwelling unit in the city’s treatment works service area which is assumed to incur the same costs for operation and maintenance as the average volume of domestic waste. When EDUs are relied upon in establishing user charges, the city shall utilize the metered water use records of the residential dwelling units in the city’s treatment works service area for purposes of making this determination.

INDUSTRIAL USER. Any source of a direct or indirect discharge to the sewage system other than a residential or commercial user. Additionally, two specific types of industrial users exist and are defined below.

(1) Categorical Industrial User. A user regulated by one of the U.S. Environmental Protection Agency’s (EPA) categorical pretreatment standards as listed in 40 CFR Chapter 1, Subchapter N, Parts 405 through 471.

(2) Significant Industrial User. A user subject to the categorical pretreatment standards; or a user that:

(a) Discharges an average of 25,000 gallons per day (GPD) or more of process wastewater to the city sewage system (excluding sanitary, noncontact cooling, and boiler blowdown wastewater); or

(b) Contributes to a process wastestream that makes up 5% or more of the average dry weather hydraulic or organic capacity of the treatment plant; or

(c) Is designated as such by the city on the basis that it has a reasonable potential for adversely affecting the treatment plant’s operation or for violating any pretreatment standard or requirement.

(d) Upon finding that a user meeting the criteria in subsection (2)(a) of this definition has no reasonable potential for adversely affecting the publicly owned treatment works’ (POTW) operation or for violating any applicable pretreatment standard or requirement, the city may at any time, on its own initiative or in response to a petition received from a user and in accordance with procedures established pursuant to 40 CFR 403.8(f)(6), determine that such user should not be considered a significant industrial user.

LARGE GENERAL USER. Any user whose water consumption averages more than 30 units/month.

OPERATION AND MAINTENANCE. All activities required to ensure the continuous, dependable and economical functions of collection, treatment and discharge of the public treatment works sewage or user wastes. The activities and attendant costs would include, but not be limited to, the following: preventive and corrective maintenance; replacement of equipment; debt service costs; and control of the unit processes and equipment that make up the collection, treatment and discharge of the public treatment works such as keeping financial and personal management records, laboratory control, process control, safety, emergency operation planning, employment of attorneys and consultants and payment of court costs and fines.

PUBLIC TREATMENT WORKS. A collection, treatment and discharge sewerage system owned and operated by a public authority. "City(’s) treatment works" shall be equivalent terms for "public treatment works."

REPLACEMENT. Obtaining and installing any equipment, accessories or appurtenances that are deemed necessary by the city to maintain the capacity and performance for which the collection and treatment works were designed and constructed. This process shall continue during the designed for or useful life, whichever is longer, of the collection and treatment works facilities.

RESIDENTIAL USER. The user of a single-family dwelling or such other dwelling units included in multiple unit buildings designed for such purposes.

SERVICE AREA. All of the area served by the city collection and treatment works system for which there is one uniform user charge system. The service area shall include the corporate limits of the city and any other contiguous and neighboring territory as the City Council shall, from time to time, deem it necessary to service.

TREATMENT WORKS. All facilities used in any manner for the purpose of collecting, pumping, treating and the ultimate disposal of sewage. "Treatment system" and "sewerage system" shall be equivalent terms for "treatment works."

USER. Every building or property owner and/or tenant of any building or property which is connected to, or required by city ordinance to be connected to, the city treatment works system.

USER CHARGE. The periodic or monthly charges levied on all users of the city’s public treatment works.

(Ord. 980, passed 1-28-92; Am. Ord. 1280, passed 11-8-22)

51.101 SERVICE.

Application for services to the city treatment works shall be made in the following manner:

(A) The application for services to the city treatment works shall be as prescribed by the city, giving such information as the purpose for which service is to be used, the address for mailing of the billings and other information as the city may reasonably require. By making a connection and/or using the public sewer, the property owner or user agrees to abide by the rules and regulations of the city’s public sewer system. This includes payment of all applicable fees, including system development charges, connection fees and user fees in accordance with the city’s fee schedule, adopted by resolution of the City Council.

(B) Deposits and establishment of credit shall be performed at the time the application for service to the city’s public sewer system is made. The credit of the applicant shall be established if the applicant makes a cash deposit in accordance with the city’s fee schedule, adopted by resolution of the City Council. At the time the deposit is given to the city, the applicant will be provided with a written receipt. The deposit is not to be considered as a payment on account. Deposits are refunded as a credit to the account after 12 consecutive nondelinquent payments. In the event that the service is discontinued, the deposit will be applied to the closing bill and any amount in excess of the closing bill will be refunded to the service account holder.

(C) Users desiring to make a material change in the type and/or quantity of sewage to be discharged into the city’s sewerage system shall give the city written notice of the change prior to the change and the original application for service shall be amended.

(Ord. 980, passed 1-28-92; Am. Ord. 1280, passed 11-8-22)

51.102 CHARGES.

(A) Sewer user charges. Sewer user charges shall be billed on a monthly basis for the use of the city’s sewage facilities. All user charges and service connection, disconnection and reconnection charges will result from the fee schedule adopted by resolution of the City Council.

(B) Applicability of user charges. All user charges and other fees and charges provided for in § 51.101 shall apply to and be the responsibility of each user of the city’s sewerage system.

(1) The process of fixing responsibility for user charges shall be applied such that the property owner of record shall be responsible for the payment of all charges or surcharges for the city’s provision of sewer services. The property owner will be notified by mail of any delinquency in user charge or other associated billings rendered by the city.

(2) User charges shall be levied on all users of the city’s public treatment works. The charges shall cover the costs of operation and maintenance, replacement and other administrative costs of the treatment works. The user charge system relied upon by the city shall distribute these costs in proportion to user responsibility for the wastewater loading of the treatment works.

(D) Assignment of user charges. Assignment of user charges to a specific user of the city’s treatment works shall be the responsibility of the city. If at any point it is determined by the city that a user’s assigned user charge has been incorrectly assigned, the city shall reassign a more appropriate user charge and notify the user of the reassignment. The number and type of sewer charge is generally based on the following criteria:

(1) The number of user charges assessed per month for those connected to the city’s treatment works shall be assessed based on the greater of the following conditions:

(a) Each independent or separate building or property connected to the city’s treatment works shall be assessed a minimum of one user charge.

(b) Each dwelling unit shall be assessed one user charge.

(c) A building or property with multiple connections to the city’s treatment works or multiple water meters shall be assessed one user charge per connection or meter, whichever is greater.

(d) Additional user charges may be assessed for anything other than a dwelling unit based on usage exceeding that of an average equivalent dwelling unit.

(2) Some buildings or properties shall be charged "sewer by consumption" based on their water usage under the following conditions:

(a) Any user that meets the definition of a "large general user."

(b) Any user that meets the definition of a "significant industrial user."

(E) Records. Available records which justify the basis used to assign wastewater charges and form the foundation for existing user charges shall be maintained within the current user account system and be available for public inspection.

(F) Beginning of sewer user charges. The beginning of sewer user charges for all occupied property shall be the day following when the sewer service became available or the day that the connection is made to the public treatment works, whichever occurs first. The sewer user charges for all unoccupied property shall commence on the day after the property is ready for occupancy or on the first day of occupancy, whichever occurs first. All unoccupied property which is ready for occupancy at the time the sewer service becomes available shall be treated as occupied property and charged as such.

(G) Credit for vacancy. Once the sewer user charge has been commenced, a user shall not be allowed a credit for vacancy. In the event a building being supplied city sewer service is removed, condemned, destroyed by fire or other calamity, the owner of record must notify the City of Prineville to discontinue monthly billing charges. Once the city has verified the condition, and confirmed that city sewer service cannot be utilized, the monthly billing charges will be suspended. If the property owner of record later wishes to reestablish sewer service to the property, the connection fees will be waived unless there is a change of use on the property that would normally require additional fees or charges to be collected.

(H) Review and revision of sewer user charges. Review and revision of sewer user charges established in this section shall, at a minimum, be reviewed annually and if necessary be revised periodically to reflect user changes and the recovery of actual costs of operation, maintenance and replacement of the city’s treatment works. Adjustments may also be made between specified types of applicable user charges to maintain the equitability of the user charges with respect to cost causation criteria. Cost causation charges will be determined on the basis of the proportional distribution of the costs of sewer service in proportion to each user group’s contribution to the total wastewater loading of the city treatment works.

(I) User notification of the need for revised user charges. User notification of the need for revised user charges will be made, in conjunction with a regular bill or through other standard means of public announcement, at least one month prior to the effective date of the revised user charges.

(J) Waiver of notification requirements. Waiver of notification requirements will be allowed in case of emergency. In such instances, an emergency will be declared to exist when it is necessary for the health and safety of the people of the city for additional funds to be collected for the proper operation and maintenance of the public treatment works. In such cases an emergency may be declared to exist by the City Manager and upon approval by the City Council. The revised user charges shall be placed into effect immediately. When such an emergency is declared, the user notification requirements relative to a change in user charges shall be waived.

(K) Cost of service notification. Cost of service notification for user charges shall be pursuant to the adoption of the city’s fee schedule by resolution of City Council.

(L) Responsibility for payment of sewer user charges. Responsibility for payment of sewer user charges shall be that of the owner of record. The responsibility for payment to the city does not pass to the tenant or other occupants, notwithstanding the fact that tenants or other occupants may be required by the property owner to pay the charges. A new tenant shall not be allowed to open an account for city sewer service until all balances owing for water and sewer charges on the property are paid in full.

(M) Appeals. Appeals of the sewer user charges established by the city shall be made in writing to the City Manager within ten days of the billing of the sewer user charges. The City Manager shall respond in writing within ten days of receipt of any appeal. If the user wishes to appeal further, he/she shall request in writing that the City Manager place his/her specific appeal on the agenda of the next scheduled regular City Council session. The decision of the City Council at the session shall be final.

(N) Disputed charge. A customer of the city’s sewer system has six months from the date of billing to notify the city of any disputed charge. The city shall not be obligated to issue a credit for billing disputes occurring more than six months prior to the date of such notification.

(Ord. 980, passed 1-28-92; Am. Ord. 1280, passed 11-8-22) Penalty, see § 51.999

51.103 BILLING, PAYMENT AND COLLECTION.

The billing process will be conducted in the following manner:

(A) The users of the public treatment works system shall be billed no more frequently than on a monthly basis for services provided by the city in accordance with the city’s fee schedule as set by resolution of City Council.

(B) The sewer user charges shall be due and payable to the city no later than the due date shown on the bill. If not paid on or before the due date, the sewer user charges shall be deemed delinquent.

(C) Payments for combined water/sewer bills shall be credited to the oldest bill. The payment shall be applied first to amounts owing on the sewer account and then to amounts owing on the water account.

(D) The billing address for city sewer user charges shall be the address specified in the application for the permit to make the connection. This will continue until a different owner or user of the property, and a corresponding change in billing address, is reported to the City’s Finance Department.

(E) All collections of sewer user charges and other specified fees and charges shall be made by the City Manager or designee. Sewer user charges and other fees and charges shall be set by city resolution.

(Ord. 980, passed 1-28-92; Am. Ord. 1028, passed 11‑ ‑95; Am. Ord. 1280, passed 11-8-22)

51.104 DELINQUENT ACCOUNTS.

(A) Delinquent accounts shall be charged a service charge set by resolution of the City Council in order to allow for the recovery of the city’s administrative costs relative to the delinquent account. The service charge shall be added to the account balance and shall accrue interest in the same manner as all other delinquent charges.

(B) Disconnection/reconnection in the event of extended delinquencies shall be conducted in the following manner:

(1) After an account becomes delinquent, a suspension notice will be sent to the billing address. The notice shall state a date not less than ten days from the date of the notice on which water service to the premises will be turned off if the delinquent amount is not paid in full prior thereto. On or after the ten days from the date of the notice, if the delinquent amount has not been paid in full, the city may disconnect the service of the water system to the premises. Water services will be withheld until all amounts owing for services supplied to the premises have been paid in full, together with the suspension fee for the water services.

(2) In some instances, such as when the city does not control the water supply, the city shall have the right to remove or close the sewer connection in the event of failure to pay sewer charges after they have become delinquent. The same delinquency and notification period as detailed in subsection (B)(1) of this section would also apply. In these cases, the city shall be allowed the right of entry upon the property owner’s property for accomplishing such purposes.

The total expense of the discontinuance, removal or closing, as well as the expense of restoring service, shall be a debt due to the city and be represented by a lien upon the property. In such cases the amount owed the city, as represented by the lien on the property, may be recovered by civil action in the name of the city against the property owner, the person, or both. Also, the city may enforce the collection of the charges by any means that may be provided by the laws of the state or permitted by the charter and ordinances of the city. This would include certification to the Tax Assessor of Crook County for collection in the manner provided for under ORS 454.225.

(C) Change in ownership or occupancy of premises for which the sewer user charge account is found to be delinquent shall not be cause for reducing or eliminating any of the aforementioned penalties.

(Ord. 980, passed 1-28-92; Am. Ord. 1103, passed 5-13-03; Am. Ord. 1103, passed 5-13-03; Am. Ord. 1280, passed 11-8-22)

51.105 SEWER FUND.

The City Manager is hereby directed to deposit in the City Sewer Fund all of the gross revenues received from charges, rates and penalties collected for the use of the sewerage system as herein provided. As such, the funds deposited in the City Sewer Fund shall be used for the operation and maintenance and replacement of the city’s treatment works; administration costs; expenses of collection of charges resulting from this subchapter; and the payment of the principal and interest on any debts which are directly or indirectly related to the city’s treatment works.

(Ord. 980, passed 1-28-92; Am. Ord. 1280, passed 11-8-22)

PROHIBITIONS AND RESTRICTIONS

51.115 PROPERTY DAMAGE AND INTERFERENCE.

(A) Tampering with the sewage works system is prohibited. No unauthorized person shall break, damage, destroy, uncover, deface or tamper with any structure, appurtenance or equipment which is a part of the sewage works system.

(B) Liability for damages. The property owner shall be liable for damage to a tank or pump or other equipment or property owned by the city which is caused by an act of the customer, his/her tenants, or agents. The city shall be reimbursed by the customer for the damages upon presentation of a bill.

(Ord. 981, passed 1-28-92; Am. Ord. 1280, passed 11-8-22) Penalty, see § 51.999

51.116 DANGEROUS OR UNSAFE APPARATUS.

The city may refuse to furnish sewer service to a premises where an apparatus, appliance or other type of equipment using the sewer system is dangerous or unsafe or the devices are being used in violation of laws, ordinances or legal regulations. The city does not assume liability for inspecting apparatus on the customer’s property. The city does reserve the right of inspection, however, if there is reason to believe that an unsafe or illegal apparatus is in use. The right to access for the inspections, when requested by the city, shall not be withheld by the property owner.

(Ord. 981, passed 1-28-92; Am. Ord. 1280, passed 11-8-22) Penalty, see § 51.999

ADMINISTRATION AND ENFORCEMENT

51.130 DISCONNECTION DUE TO NONCOMPLIANCE.

The city may discontinue sewer service and/or water service to a customer for noncompliance with the terms of this chapter if the customer fails to comply with the terms within ten days after receiving written notice of the city’s intention to discontinue service. Provided, however, if the noncompliance materially affects the health, safety or other conditions that warrant the action, the city may discontinue water service immediately and without notice.

(Ord. 981, passed 1-28-92; Am. Ord. 1280, passed 11-8-22)

51.131 INSPECTIONS; RIGHT OF ENTRY.

(A) Entry on owner’s property to be permitted. The Public Works Director and other duly authorized employees of the city bearing proper credentials and identification shall be permitted to enter all private and public properties for the purposes of, but not limited to, installations as required, connections, maintenance, inspection, observation, measurement, sampling and testing in accordance with the provisions of this chapter. The Public Works Director or his/her representatives shall have no authority to inquire into any processes including metallurgical, chemical, oil, refining, ceramic, paper or other industries beyond those which have a direct bearing on the kind and source of discharge to the sewers or waterways or facilities for waste treatment.

(B) Conformance with safety rules. While performing the necessary work on private properties referred to in subsection (A) of this section, the Public Works Director or duly authorized employees of the city shall observe all safety rules applicable to the premises.

(C) Easements allowing entry on property. The Public Works Director and other duly authorized employees of the city bearing proper credentials and identification shall be permitted to enter all private properties through which the city holds an easement for the purposes of, but not limited to, installations of facilities, connections, inspections, observation, measurement, sampling, repairs and maintenance of any portion of the sewage works lying within the easement.

(Ord. 981, passed 1-28-92; Am. Ord. 1280, passed 11-8-22)

51.998 VIOLATIONS.

(A) Notice of violation. Any person found to be violating any provision of this chapter, with the exception of §§ 51.086, 51.115 and 51.116, shall be served with written notice stating the nature of the violation with notification that the violator is given ten days to satisfactorily correct the violation. The offender shall, within the time stated in the notice, permanently cease all violations. With respect to damages to the sewer system and associated cost and fines to the city resulting from the violation(s), the property owner shall be responsible for the costs and be billed accordingly.

(B) Liability. Any person violating any of the provisions of this chapter shall become liable to the city for any expense, including reasonable attorney fees, loss or damage occasioned the city by reason for the violation, and in action or suit in the name of the city may be instituted against the person for the recovery of the expense, loss or damage; and the same may be undertaken in addition to other penalties imposed under the provisions of this chapter.

(Ord. 981, passed 1-28-92; Am. Ord. 1280, passed 11-8-22) Penalty, see § 51.999

51.999 PENALTY.

Any person who shall continue any violation beyond the time limits provided for in § 51.998(A) shall be deemed guilty of a violation, and, upon conviction, shall be penalized as provided in § 10.99.

(Ord. 981, passed 1-28-92; Am. Ord. 1280, passed 11-8-22)