Chapter 8.42 SEWER SYSTEM CODE

B. The sewer system plan as set forth in the collection of documents titled: The City of Rock Island Wastewater Facilities General Sewer Plan, dated June 6, 2008, prepared by Varela and Associates, Inc., and on file with the city, is hereby reaffirmed and adopted as the city sewer system plan. (Ord. 10-108 §§ 2, 3).

8.42.010 Short title.

This chapter shall be known as the sewer code and be cited as such. (Ord. 10-109 § 1).

8.42.020 Definitions.

As used in this chapter, the following words, terms, and/or phrases shall have the following meanings:

“BOD” (denoting biochemical oxygen demand) means the quantity of oxygen utilized in the biochemical oxidation of organic matter under standard conditions in five days at 20 degrees centigrade, expressed in parts per million by weight, as defined in “Standard Methods” in this section.

“Building drain” means the sewer pipe used for conveying sewage from within the building to a point five feet outside the foundation wall, and if there is no foundation wall, to a point five feet beyond the outer line of any footing, piling, building support, or porch under which it may run; whether such drain consists of one line extending from the building or of two or more such lines.

“City” means the city of Rock Island.

“City Hall” means the City Hall of the city of Rock Island.

“Clerk” or “city clerk” means the clerk/treasurer of the city of Rock Island.

“Council” or “city council” means the city council of the city of Rock Island.

“Cross-connection” means any physical arrangement connecting a public water system, directly or indirectly, with anything other than another potable water system and capable of contaminating the public water system including, but not limited to, an auxiliary system, sewer, drain conduit, swimming pool, storage reservoir, plumbing fixture, swamp cooler, or any other device which contains, or may contain, contaminated water, sewage, or other liquid of unknown or unsafe quality. Bypass arrangements, jumper connections, removable sections, swivel or changeover devices, or other temporary or permanent devices through which, or because of which, backflow may occur, are considered to be cross-connections.

“DOE” means the Washington State Department of Ecology or its authorized deputy, agent, or representative.

“Drain” means any conductor of liquids.

“ERU” means equivalent residential unit of sewer.

“Fats, oils, and greases” means oil and grease as determined by the partition-gravimetric method described in “Standard Methods” (defined in this section).

“FWPCA” means Federal Water Pollution Control Act (133 USC Section 466 et seq.) as now exists or as hereafter amended.

“Garbage” means solid waste from the preparation, cooking, and dispensing of food and from the handling, sale, and storing of produce.

“General sewer plan” means the city’s general sewer plan, as adopted by resolution of the city council and as may be hereafter amended.

“Industrial waste” means the wastes from industrial processes, or commercial processes, as distinguished from sanitary sewage. The term includes contaminated stormwater.

“Inflow” means rainfall caused surface water drainage such as stormwater, including but not limited to water from roof drains, yard drains, basement drains, street catch basins, cooling water from refrigeration or other equipment, and/or uncontaminated industrial process wastewater, which does not contain human wastes or polluting matter that would be subject to the regulations of DOE.

“Interceptor” means a grease and/or sediment trap.

“Mayor” means the mayor of the city of Rock Island.

“Occupant” means any person or owner in physical possession of the building or structure to which sewer service is available.

“Permit” means a permit issued in conjunction with any provision of this chapter which permit shall be posted on the premises and shall be readily and safely accessible to the utility foreman or his/her designee.

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

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

“Potable water” means water which is suitable for drinking, culinary, and domestic purposes and meets the Washington State Drinking Water Standards.

“POTW” means “publicly owned treatment works.”

“Private sewer” means the sewer line and disposal system constructed, installed, and/or maintained where connection with the public sewer is not required herein.

“Properly shredded garbage” means garbage that has been shredded to such a degree that all particles will be carried freely under the flow conditions normally prevailing in public sewers with no particles greater than 3/8-inch in any dimension.

“Public place” or “public area” means any space dedicated to or acquired for the use of the general public, including but not limited to public rights-of-way.

“Public sewer” means a sewer, including any pumps, which is constructed within public property, easements, or rights-of-way, and which is owned, operated, and/or maintained by the city.

“Sanitary sewage” means the water-carried wastes from residences, businesses, and institutional establishments, which wastes contain human wastes and polluting matter subject, by the regulations of DOE, to treatment at the city’s treatment facilities.

“Sewage” means the water-carried wastes from any source that would be subject, by the regulations of DOE, to treatment at the city’s treatment facilities.

“Sewer” means a pipe or conduit and all associated appurtenances for carrying sewage.

“Sewer line extension” means any pipe added or connected to an existing sewerage system together with any pump stations; provided, that the term does not include gravity side sewers which connect individual building or dwelling units to the sewer system when these side sewers are less than 150 feet in length and not over six inches in diameter (Chapter 173-240 WAC).

“Side sewer” means the privately owned sewer extending from the city’s public sewer to the building drain.

“Standard Methods” means the current edition of the book titled Standard Methods for the Examination of Water and Wastewater, jointly published by the Water Pollution Control Federation, American Water Works Association, and the American Public Health Association as now exists or as may be hereafter amended, a copy of which is on file at City Hall.

“Suspended solids” means solids that either float upon, sink within, or are in suspension in water, sewage, or other liquids, and which are removable by filtration, as defined in Standard Methods as total filterable residue dried at 103 to 105 degrees centigrade.

“Utility foreman” means the person designated by the city to supervise the operation of the POTW, and who is charged with certain duties and responsibilities by this chapter, and specifically including his/her duly authorized operator(s), representative(s), inspector(s), and/or employee(s).

“Wastewater operator” means the certified wastewater treatment plant operator in responsible charge of the city wastewater treatment plant as required by Chapter 70.95B RCW and Chapter 173-230 WAC, as each now exists or as may be hereafter amended, or his or her authorized representative, designee, deputy, or agent.

“Water distribution manager” means the certified water distribution manager in responsible charge of the city water system as required per Chapter 70.119 RCW and Chapter 285-55 WAC or his or her authorized representative, designee, deputy, or agent.

“Water/sewer construction standards” means the standards for construction of sewer and water lines and appurtenances, as promulgated by the wastewater operator and the water distribution manager from time to time, as now exist or as may be hereafter amended, a copy of which shall be on file at City Hall and available to the public. (Ord. 10-109 § 1).

8.42.030 Use of public sewer/connection required.

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

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

C. The owner of each lot or parcel of real property within the city upon which lot or parcel there is situated any building or structure for human occupancy or use for any other purpose which necessitates sewage disposal, shall install suitable toilet facilities therein and shall connect such facilities, together with all other facilities therein the use of which results in the existence of sewage as defined herein, with the public sewer system at his/her own expense within 90 days after acceptance by the city of the public sewer line capable of serving such lot or parcel and after official written notice to the owner to do so.

All property on which existing buildings with water service are situated shall be deemed capable of being served by sewer lines of the city. Any pumping necessary for any individual building sewer to reach the city sewer line shall be at the property owner’s sole cost and expense.

D. All new structures built in the city shall be connected to the city sewer system at the real property owner’s expense. (Ord. 10-109 § 1).

8.42.040 Availability of public sewer.

Whenever a public sewer becomes available, i.e., within 250 feet of any part of the property upon which is located a private sewer system, and such lot or parcel is otherwise capable of being served by such public sewer, as determined by the city, a direct connection shall be made to the public sewer within 90 days after the date of official written notice to the owner to do so. Installation shall be in compliance with this chapter. Septic tanks, cesspools, or similar private sewage disposal facilities shall be removed, or shall be abandoned and filled with suitable material in a manner approved by the wastewater operator, and pursuant to Chapter 246-272A WAC, as now exists or as may hereafter be amended. (Ord. 10-109 § 1).

8.42.050 Private sewer system.

A. All private sewer systems in the city shall comply with all recommendations and regulations of the Chelan-Douglas Health District, the State of Washington Department of Health, and the DOE.

B. No private sewer, septic tank, or cesspool shall be permitted to discharge into any public sewer, natural outlet, or to ground surface. The owner of any private sewer system located in the city shall operate and maintain the private sewer in a sanitary manner at all times and at no expense to the city.

C. Any private sewer system existing within the city shall be discontinued in accordance with the requirements of RIMC 8.42.040, and connection to the sewer system shall be required when the sewer system becomes available to the property pursuant to RIMC 8.42.040. (Ord. 10-109 § 1).

8.42.055 Sewer connections outside city limits.

A. The city council may, in its sole and absolute discretion, permit owners of property outside the city corporate limits to connect to the city’s sewer system according to the terms of a written “utility extension agreement” between the city and property owner.

B. All applicants (an “owner”) for the extension of utility services to property outside the city’s corporate limits shall execute a utility extension agreement in a form deemed necessary by the utility foreman, which conditions the provision of such service on the following terms:

1. Agreement to Run with the Property. The utility extension agreement shall describe the property, shall be recorded with the Douglas County auditor’s office, and shall constitute a covenant running with the property. All covenants and provisions of the utility extension agreement shall bind the owner and all other persons subsequently acquiring any right, title or interest in or to the property.

2. Warranty of Title. The utility extension agreement shall be executed by the owner of the property, who shall warrant that they are authorized to enter into the utility extension agreement.

3. Costs of Design, Engineering and Construction of Extension. The owner shall pay all costs of design, engineering, review, construction and inspection of the extension, which shall be accomplished to city standards and conform to plans approved by the utility foreman.

4. Capacity Commitment Payments. The owner shall pay for the city’s reservation of sewer capacity, which is calculated as a percentage of the connection fee for the utility service. Such payments shall be made under the payment schedule determined by the city.

5. Easements and Permits. The owner shall secure and obtain, at the owner’s sole cost and expense, all permits, easements and licenses necessary to construct the extension.

6. Dedication of Capital Facilities. The owner shall dedicate all capital facilities constructed as part of the utility extension, at no cost to the city, upon the completion of construction, approval and acceptance by the city.

7. Connection and Service Charges. The owner shall pay the connection charges and service charges set by the city as a condition of connection to the city’s utility services.

8. Agreement Not to Protest Annexation. The owner shall provide the city with an irrevocable power of attorney to allow the city to execute a petition for annexation on behalf of the owner, or the owner shall execute a petition for annexation of the property when requested to do so by the city, and the owner shall not otherwise object to the annexation of the property to the city.

9. Waiver of Right to Protest Local Improvement District (“LID”) and/or Utility Local Improvement District (“ULID”). If, at the time of execution of the utility extension agreement, the city has plans to construct certain improvements that would specially benefit the property, the utility extension agreement shall specifically describe the improvement. The owner shall waive the right to protest the formation of any such LID and/or ULID, and shall comply with the requirements set out in subsection (B)(8) of this section regarding annexation.

10. Development of Property to Conform to Codes and Standards. The owner shall comply with all requirements of the city’s comprehensive land use plan, zoning and building codes, and the city’s development standards when developing, redeveloping, or otherwise performing construction on the property.

11. Termination for Noncompliance. In addition to all other remedies available to the city for the owner’s noncompliance with the terms of the utility extension agreement, the city shall have the ability to disconnect the utility services from the property, and for that purpose may at any time enter upon the property.

12. Damages. The owner shall reimburse the city for all costs incurred by the city as a result of any damages to the city’s sewer system caused by the owner or their contractor. (Ord. 10-109 § 1).

8.42.060 Side sewer maintenance.

A. The side sewer shall be owned, repaired, and maintained by the owner of the property served. However, any vaults, covers, and other related equipment or facilities shall be maintained, repaired, and tested by the city for all active service connections.

B. All costs and expenses incident to the installation and connection of the side sewer shall be the responsibility of the property owner. The owner shall indemnify, defend, and hold the city harmless from any loss or damage that may result from the construction, connection, or installation of the side sewer.

C. In the event the side sewer and connection to the public sewer are not made within the time herein provided, and following notice as provided, the utility foreman is authorized and directed to cause the same to be made.

The costs incurred by the city to make the connection, together with a penalty of 10 percent thereof, plus interest at the rate of eight percent per annum upon the total amount of the cost and the penalty, shall be assessed against the property upon which the side sewer connection has been made by the city, and a bill showing the amount thereof shall be mailed or delivered to the owner, or posted upon the property, whereupon the amount shall immediately be paid to the city clerk. The amount of said assessment or any portion thereof which becomes delinquent shall immediately become a lien upon the property and such lien may be enforced as provided by law. Upon payment of all delinquent amounts due and owing to the city, the city clerk shall file documentation necessary to release any lien. (Ord. 10-109 § 1).

8.42.070 Sewer permit required.

A. It is unlawful for any person to make any connection with, commence construction of, change the use of, or expand the use of, any public or side sewer, or to make any sewer line extension, without complying with all of the provisions of this chapter and obtaining a permit to do so from the city.

B. No side sewer permit will be issued for a side sewer service to a building, except in conjunction with a building permit.

C. All connection work requires inspection by the city or its representative prior to use. (Ord. 10-109 § 1).

8.42.080 Application for service.

An application for a permit for side sewer shall be made for any connection to and service by the city sewer system. Such application shall be on forms provided by the city. (Ord. 10-109 § 1).

8.42.090 Side sewer application contents.

The application for the permit for a side sewer shall be accompanied by the application fee as adopted by city council resolution, shall be filed with the city on a form provided by the city, which form shall include, but is not limited to, the following information:

A. The name and address of the property owner, billing address, address and legal description of the property to be served;

B. The building permit number or building official’s signature signifying that no permit is required;

C. The dimensions and locations of any buildings on the property;

D. The use for which the service is intended and the number of dwelling, office, commercial, or other units on the property;

E. The location of all sewer, drain, potable water, and nonpotable lines within the property to be served or property through which the service must cross and legal descriptions of all easements for these purposes;

F. Construction specifications, including but not limited to pipe, meter service, pressure reducer (where applicable);

G. The location of any existing underground utilities serving the property;

H. Any other information, due to the particular circumstances of the property or use thereof, which the utility foreman or city clerk reasonably deems necessary to ascertain whether or not the permit should be issued. (Ord. 10-109 § 1).

8.42.100 Complete side sewer application.

The side sewer application shall be reviewed for completeness and initialed by the utility foreman and city clerk. (Ord. 10-109 § 1).

8.42.110 Side sewer application approval.

A. The side sewer application shall be submitted to the utility foreman, who may approve the application if it complies with all applicable regulations, this chapter, the current edition of the building and plumbing code adopted by the city, and the water/sewer construction standards.

B. If the proposed side sewer is not acceptable, the utility foreman may deny the permit, or may request specific changes which would make the permit acceptable. (Ord. 10-109 § 1).

8.42.115 Sewer connection fees.

Prior to permit issuance, the side sewer permit applicant shall pay the connection fee for connection to the city sewer system as established by city council resolution from time to time. The connection fee shall include a fee reflecting the historical costs associated with the establishment of the existing city sewer system and an administrative fee. (Ord. 10-109 § 1).

8.42.120 Permit issuance and posting.

After review and approval as hereinabove required, the city clerk shall, upon receipt of all fees and charges due, sign the side sewer application and issue the permit. The permit required pursuant to this chapter shall at all times during the performance of work thereto be posted in a conspicuous place at the work site. (Ord. 10-109 § 1).

8.42.130 Unlawful to alter permit.

Upon approval of the side sewer application and issuance of the corresponding permit, it shall be unlawful to alter said permit or to perform any work other than is provided for and as described in said permit. (Ord. 10-109 § 1).

8.42.140 Sewer connection records.

The city clerk shall prepare and keep on file in his or her office all records of sewer connections showing the information obtained in the course of inspection of the work completed under such permits. (Ord. 10-109 § 1).

8.42.150 Permit expiration.

No permit issued pursuant to this chapter shall be valid for a period longer than 90 days, except that one 90-day extension may be granted by the city clerk upon application therefor prior to the expiration of the same. Failure to renew said permit prior to the expiration thereof, and extensions beyond the aforementioned one extension, shall require payment of a new permit fee. (Ord. 10-109 § 1).

8.42.160 Side sewer connection prohibited without permit.

A. It is unlawful to construct, extend, relay, change the use of, expand the use of, or to make connection to any side sewer, inside the property line, without obtaining a permit from the city as required by the provisions of this chapter.

B. The city may issue such permit to the owner or occupant of any property to construct, extend, relay, change the use of, expand the use of, or make connections to any side sewer inside the property lines; in such event, however, such property owner or occupant shall comply with the applicable provisions of this chapter. (Ord. 10-109 § 1).

8.42.170 Public sewer connection and restoration.

A. It is unlawful for any person to construct a sewer line extension or to make any connection to any public sewer, or to lay, repair, alter, or connect any side sewer in any public area, except by a contractor licensed as a side sewer contractor in the city pursuant to the requirements established by city resolution(s) in effect at the time the work is proposed to be performed, and licensed pursuant to Chapter 18.27 RCW, as now exists or as may be hereafter amended, or, when required, by city personnel, each acting under the supervision of the utility foreman.

B. The property owner or contractor performing permitted side sewer connection work shall remove all debris and excess excavation material and shall promptly repair all damage on public rights-of-way and other public property as required by the city.

C. All work within the rights-of-way or on other public property must be completed with due diligence and if any excavation is left open beyond a reasonable time, as determined by the city, the city may cause the same to be filled in and completed and the cost of such completion shall be charged to the owner of the property.

D. Curbed concrete sidewalks, curbs, and other concrete surfaces in public rights-of-way or on other public property shall be placed and finished to provide a high quality finished surface. All dimensions shall be accurate, all edges straight and true, and all surfaces free of depressions or high points. All work shall match thickness, elevations, and dimensions of the existing adjoining surfaces.

E. Disturbed asphalt pavement shall be placed on a prepared and compacted depth of crushed surfacing equal to or greater than that of the existing adjoining subsurface, but in no event shall said depth be less than four inches, and the asphalt shall be placed at a depth matching the thickness and elevation of the existing adjoining surfaces.

F. Compaction of all fills and bedding within the public rights-of-way or on other public properties must be performed in accordance with specifications approved by the city prior to placement.

G. All excavation within the public right-of-way shall conform to the terms and conditions of Chapter 12.04 RIMC. (Ord. 10-109 § 1).

8.42.180 Alteration or tampering prohibited.

It is unlawful for any person to connect to, alter, tamper with, or extend any public sewer, except in accordance with the conditions of a permit and subject to the water/sewer construction standards on file at City Hall and under the supervision of the utility foreman. (Ord. 10-109 § 1).

8.42.190 Excavation barricades and lateral support.

All side sewer excavations shall be barricaded as required by applicable law and, at a minimum, any excavation made in connection with the construction or repair of any side sewer within four feet of any public place shall be properly barricaded and lateral support shall be maintained in connection with the construction, alteration, or repair of any side sewer. (Ord. 10-109 § 1).

8.42.200 Additional work.

When a permit has been issued as herein provided, no work other than that covered by the permit shall be done without the prior written approval of the city. If the utility foreman deems the additional work is a material alteration of the permitted work, a new permit may be required. (Ord. 10-109 § 1).

8.42.210 Disconnection.

It shall be unlawful to disconnect any side sewer, or remove any portion of a side sewer, without securing a permit from the city to do so. The disconnected service shall be plugged at the property line to the satisfaction of the utility foreman and pursuant to any laws or regulations relating thereto. (Ord. 10-109 § 1).

8.42.220 Construction standards.

All work done to construct, extend, relay, repair, make connection to, or disconnect any side sewer or sewer line extension shall be carried out in compliance with the current building and plumbing codes of the city, and all applicable water/sewer construction standards. (Ord. 10-109 § 1).

8.42.230 Owner responsibility for costs/indemnity.

A. All costs and expenses incidental to the installation, connection, and/or disconnection of a side sewer shall be borne by the owner.

B. The owner shall indemnify, defend, and hold harmless the city for any loss or damage suffered by the city, including attorneys’ fees, that may directly or indirectly be incurred by the city as a result of the installation of the side sewer, by installers other than city personnel. (Ord. 10-109 § 1).

8.42.240 Permit fees.

A. There shall be a nonrefundable fee for each side sewer permit application. The application fee established by city council resolution from time to time shall be payable at the time of application.

B. There shall be a fee established by city council resolution from time to time for a permit to disconnect a side sewer. (Ord. 10-109 § 1).

8.42.250 City installation and personnel charges.

The charge for the physical installation of any part of a side sewer within any public area by city personnel, or others working under the direction of the city, as provided for in this chapter, shall be established by city council resolution from time to time. (Ord. 10-109 § 1).

8.42.260 Existing service connection.

A. For the purposes of this chapter, an existing service connection to the public sewer system is one that has paid a connection fee specific to that connection. Any active connection that has been paying a minimum of single-family user fees as a separate and individual service connection from any other service connection shall also be considered an existing service connection under this chapter.

B. The payment of the cost of the installation of a side sewer connection or extension of city sewer main lines from the existing sewer main line to the property shall not constitute the establishment of an existing service connection. (Ord. 10-109 § 1).

8.42.280 Inspection fees.

A side sewer inspection fee shall be charged by the city as necessary to recover the city’s expenses in connection with the inspection work, including, but not limited to, any consultants, testing, or other costs incurred by the city. This fee shall be established by city council resolution from time to time. The balance of any inspection fee generated over and above the minimum must be paid prior to the final approval or any use of the side sewer service. (Ord. 10-109 § 1).

8.42.290 Monthly service charges.

A. Sewer user charges shall be due starting the first month the side sewer received any flow, the month in which an occupancy permit is issued, or the first month following 90 days after the public sewer becomes available, whichever occurs first, and shall be payable for the whole month at a rate per ERU established pursuant to city council resolution from time to time.

B. All billing and collection of sewer service charges shall be performed as set forth in Chapter 8.46 RIMC. (Ord. 10-109 § 1).

8.42.295 Inactive sewer service system development charges.

The properties for which city records indicate there has been an active sewer service connection, but for which no active connection exists because no current city water service is being used at the property, shall be subject to the payment of a monthly sewer system development charge in the amount of 50 percent of the then current rate of the last sewer usage level on the property based upon ERUs until such time that the sewer service connection actually begins to be utilized again by the property owner. As an alternative to payment of this inactive sewer service system development charge, the property owner may surrender the sewer connection to the city by executing a form provided by the city, and approved in writing by the mayor, which discontinues the right of the property to receive sewer services and relinquishes the sewer service connection to the city. Following relinquishment of the sewer service connection to the city pursuant to the procedure outlined in this section, the property may only be reconnected to the city sewer system upon application for a sewer connection and payment of the full sewer connection fee in effect at the time of connection. Discontinuation of sewer services to the property relinquishes the right of the property owner to have any priority for the receipt of sewer services in the future. (Ord. 11-119 § 2).

8.42.300 Delinquent accounts – Liens.

A. Accounts which have become delinquent pursuant to Chapter 8.46 RIMC shall be assessed penalties and charges for each month the account is delinquent in amounts set by resolution of the city council from time to time, and shall accrue interest at the rate of eight percent per annum.

B. All delinquent charges for sewer service, connections therefor, and other charges authorized by this chapter, together with interest and penalties, shall be a lien upon the property upon which such connection is made superior to all other liens and encumbrances, except those for general taxes and special assessments. Enforcement of such lien or liens and collection of monies owed the city shall be completed as provided for in Chapter 8.46 RIMC. (Ord. 10-109 § 1).

8.42.310 Industrial connection charges.

The charge for the physical installation of any part of an industrial waste side sewer within any public area by city utility personnel, or others working under the direction of the city, as provided for in this chapter, shall be established by city council resolution from time to time. (Ord. 10-109 § 1).

8.42.320 Industrial testing charges.

Charges and fees for the added cost and expense of treating and/or testing industrial waste admitted into the sewerage system shall be assessed and paid by the user based on the actual costs for such services as determined by the wastewater operator. (Ord. 10-109 § 1).

8.42.330 Inspection.

A. No trench shall be filled or any sewer covered until the work has been inspected and approved by the utility foreman. Any person performing work under a permit issued pursuant to this chapter shall notify the utility foreman when the work will be ready for inspection. The utility foreman shall make such inspection within 48 hours after receipt of notice, excluding Saturdays, Sundays, and holidays.

B. When so directed by the utility foreman, either the contractor or a competent representative shall be available to meet the utility foreman on the premises for the inspections. In the case of side sewers where the owner or occupant is doing the work, the owner, occupant, or a competent representative shall be available to meet the utility foreman on the premises for the inspections when so requested. (Ord. 10-109 § 1).

8.42.340 Notification.

If the utility foreman finds the work or materials used are not in accordance with this chapter, and all standards referenced herein, he or she shall notify the person doing the work and also the owner or occupant of the premises by posting a written notice on the premises, and such posted notice shall be all the notice required to be given of the defects in the work or materials found in such inspection. (Ord. 10-109 § 1).

8.42.350 Excavation time limit.

All work within the limits of any public area shall be prosecuted to completion with due diligence, and if any excavation is left open beyond a time reasonably necessary to fill the same, and after five days’ notice to the owner or occupant, the utility foreman may cause the same to be back-filled and the public area restored forthwith and the cost of such work so done shall be charged to the property owner and shall become immediately payable to the city clerk upon written notice of such amount being delivered to the owner or posted upon the property and shall constitute a lien on the property and shall include a 10 percent penalty calculated upon all costs incurred by the city, including but not limited to attorneys’ fees, and lien recording fees, and shall include interest at the rate of eight percent per annum until paid. Any such lien may be enforced as provided by law. (Ord. 10-109 § 1).

8.42.360 City charges for failure to construct.

If any work is not done in accordance with the provisions of this chapter and all applicable standards, or where it is determined by the utility foreman that a sewer is obstructed, broken, or inadequate, and is a menace to health or is liable to cause damage to either public or private property, then, after notice by the utility foreman, if the owner or his or her contractor fails to properly construct, repair, or complete such work within the time specified in such notice, the utility foreman may perform, or contract to have performed, such work as may be necessary to comply with these standards and the cost of such work so done shall be charged to the property owner and shall become immediately payable to the city clerk upon written notice of such amount being delivered to the owner or posted upon the property and shall constitute a lien on the property and shall include a 10 percent penalty calculated upon all costs incurred by the city, including but not limited to attorneys’ fees, and lien recording fees, and shall include interest at the rate of eight percent per annum until paid. Any such lien may be enforced as provided by law. (Ord. 10-109 § 1).

8.42.370 Inflow diversion.

It is unlawful to divert or cause to be diverted any inflow into any sewer, manhole, or other appurtenant structure or portion of the sewer system. (Ord. 10-109 § 1).

8.42.380 Illegal connections.

At the time of inspection of the sewer by the utility foreman, it shall be visibly demonstrated to the utility foreman that there is no illegal connection to the service sewer by running water into the roof drains or other drains as appropriate and observing the flow at the inspection riser, or by such other measures as the utility foreman may deem necessary. (Ord. 10-109 § 1).

8.42.390 Unlawful to tamper with system.

It is unlawful to break, damage, destroy, deface, alter, or tamper with any structure, appurtenances, or equipment which is part of the sewer system of the city, or without written permission from the city, to break, damage, destroy, or deface any public walk, curb, or pavement, or to make openings or excavations in a public area for the purpose of connection to any public sewer. (Ord. 10-109 § 1).

8.42.400 Backfilling required.

All excavations made by any person in any public area shall be made and back-filled in accord with all applicable regulations, this chapter and the water/sewer and road construction standards. (Ord. 10-109 § 1).

8.42.410 General prohibited discharges.

In accordance with 40 CFR 403.5(a) and WAC 173-216-060, as each now exists or as may be hereafter amended, no wastewater shall be discharged into the city’s sewerage or POTW facilities which contains pollutants or priority pollutants (Appendix A 40 CFR 423) that would either pass through or interfere with the system or the facility operation, performance, or sludge (biosolids) utilization. (Ord. 10-109 § 1).

8.42.420 Specific prohibitions.

In accordance with the FWPCA, 40 CFR 403.5(b) and WAC 173-216-060, as now exist or as may be hereafter amended, no wastewater shall be discharged into the city’s sewerage or POTW facilities that contains pollutants which, by reason of their nature or quantity, are or may be sufficient either alone or by interaction to, or potentially to, create: (1) a fire or explosion; (2) a public nuisance; (3) a hazard to life; (4) a situation which prevents entry into the public sewer lines for maintenance or repair; or (5) a situation injurious in any way to the POTW or its personnel, including but not limited to waste streams with:

A. A closed cup flashpoint of less than 140 degrees Fahrenheit or 60 degrees centigrade using the test methods specified in 40 CFR 261.21;

B. Pollutants that have any corrosive property capable of causing damage or hazard to structures, equipment, or personnel of the POTW, but in no case discharges with pH lower than 5.0 or greater than 11.0 standard units;

C. Solid or viscous pollutants in amounts that may cause obstruction to the flow or otherwise interfere with operations or maintenance of the POTW;

D. Any pollutant, including oxygen demanding pollutants (e.g., BOD), released in either a slug load or continuous discharge of such volume, flow rate, or strength (concentration) which will cause pass through or interference of the POTW;

E. Heat in amounts that will inhibit biological activity in the city’s facilities which result, or could result, in pass through or interference, but in no case heat in such quantities such that the temperature at the POTW headworks exceeds 40 degrees centigrade (104 degrees Fahrenheit);

F. Pollutants which result in the presence of toxic gases, vapors, or fumes within the city’s facilities in quantities which cause, or could cause, acute worker health and safety problems;

G. Petroleum oil, nonbiodegradable cutting oil, or products of mineral origin in amounts that will cause, or could cause, pass through or interference;

H. Any trucked or hauled pollutants, except at permitted discharge points designated by the city;

I. Noncontact cooling water, clean stormwater, or any other direct water inflow sources which do not require treatment or would not be afforded a significant degree of treatment by the POTW;

J. Dangerous waste, as prohibited by Chapter 173-303 WAC; and

K. Any substance which interferes with proper functioning of the city’s sewage collection, treatment, and disposal facilities, or which results in the inability of said facilities to meet the effluent limitations established by DOE. (Ord. 10-109 § 1).

8.42.430 Pretreatment required.

A. In cases where pretreatment is required, plans, specifications, and other information relating to the construction and installation of pretreatment facilities shall be submitted by property owner to the utility foreman for approval. No construction or installation thereof shall commence until written approval has been received from the utility foreman. Such pretreatment facilities shall be constructed, operated, and maintained at the owner’s expense. The owner shall comply with the DOE and the Environmental Protection Agency pretreatment regulations and the State Waste Discharge Permit Program, as the same exist now or may hereafter be amended.

B. Any property owner constructing a pretreatment facility shall also install and maintain at the owner’s expense a sampling and metering manhole for monitoring the discharge to the public sewer. Such sampling and metering manhole shall be placed in a location approved by the utility foreman and in accordance with specifications approved by the utility foreman. (Ord. 10-109 § 1).

8.42.440 Interceptors.

A. No fats, greases, oils, sand, mud, or other settleable or floatable materials in amounts that interfere with the proper functioning of the city’s sewage collection, treatment, and/or disposal facilities shall be discharged to any public sewer without the installation of interceptors of a type and capacity approved by the utility foreman, and located so as to be readily accessible for cleaning and inspection.

B. Such interceptors shall be capable of reducing BOD, suspended solids, and fats, oils, and greases to the levels specified in this chapter.

C. Such interceptors shall be maintained at the expense of the owner and shall be in continuously efficient operation at all times. (Ord. 10-109 § 1).

8.42.450 Industrial waste.

A. Where any property is served by a side sewer that carries industrial waste, the owner or occupant shall install a control manhole in the side sewer to facilitate observation, sampling, and measurement of the wastes. Such manhole shall be accessibly and safely located and shall be constructed and installed in accordance with plans approved prior to installation by the utility foreman, and shall be maintained and installed by the property owner at the property owner’s sole expense.

B. The owner of any facilities discharging industrial waste to the city’s sewer system shall be solely responsible for compliance with all federal, state, and local requirements for such discharge. (Ord. 10-109 § 1).

8.42.460 Unusual waste.

The wastewater operator shall make recommendations to the city council in regard to entering into any agreement whereby any waste of unusual character may be accepted by the city for treatment before passage into the public sewer. The payment for such treatment shall be as established by the city council. Nothing herein requires the city council to enter into any such agreement. (Ord. 10-109 § 1).

8.42.470 Restrictions on trees and shrubs.

A. The utility foreman is authorized to cause the removal of any vegetation from any public area, or the roots of any vegetation which extend into any public area when such vegetation or the roots thereof are obstructing or are liable to obstruct any public sewer. The utility foreman shall cause the costs of the removal to be charged to the property owner which costs shall become immediately payable to the city clerk upon written notice of such amount being delivered to the owner or posted upon the property and shall constitute a lien on the property. Any such lien may be enforced as provided by law.

B. The owner of any such vegetation shall indemnify, defend, and hold the city harmless for any damage caused to the public sewer system by the plants and be responsible for all costs of removal, including attorneys’ fees, all of which shall constitute a lien on the person’s property. (Ord. 10-109 § 1).

8.42.480 Private property access.

The utility foreman, or his or her designees, bearing proper credentials and identification, shall be permitted to enter upon private property at all reasonable times for the purpose of inspection, observation, measurements, sampling, and testing of sewers and sewage, and performing all other acts or duties required of the city in accordance with the provisions of this chapter. (Ord. 10-109 § 1).

8.42.490 Rules and regulations.

The city council may adopt by resolution rules and regulations and amend the same from time to time, as the city council shall deem necessary and convenient to carry out the intent of this chapter. All such rules and regulations shall be available for inspection and copying at City Hall. (Ord. 10-109 § 1).

8.42.500 Penalties.

A. Any person who violates any of the provisions of this chapter shall be guilty of a civil infraction, and shall be subject to a monetary penalty of up to $500.00. Each day of a continuing violation shall subject the person to a separate fine of up to $500.00 per day.

B. In addition to the penalties set forth in subsection A of this section, any person who shall violate any provisions of this chapter shall be liable to the city for any expense, loss, damage, cost of inspection, cost of correction, cost of collection, including actual attorneys’ fees and court costs incurred by the city by reason of such violation and/or to enforce the civil infraction legal proceeding associated with the infraction, and also including all interest and costs as set forth in RIMC 8.42.520. (Ord. 10-109 § 1).

8.42.510 Notice of violation and correction.

Any property owner whose property is found to be violating any provision of this chapter, and/or any other person found to be in violation of 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 property owner and/or other person shall, within the period of time stated in such notice, permanently cease all violations and make all necessary corrections. (Ord. 10-109 § 1).

8.42.520 Interest – Collection costs.

Any person who shall continue any violation beyond the time limit provided for in RIMC 8.42.510, shall in addition to the items of expense provided in RIMC 8.42.500, pay interest at eight percent per annum from the date of the time limit provided in RIMC 8.42.510 plus all costs associated with collection, attorneys’ fees, and court costs. (Ord. 10-109 § 1).