Chapter 13.10 SEWERS

The charges for sewer service in the city of South Bend shall be as follows, and will be adjusted by an inflation factor equal to 100 percent of the U.S. Consumer Price Index for the Seattle/Tacoma area on the January 1st billing for each ensuing year unless the city council deems otherwise:

Effective with the January 1, 2023, billing:

Residential Sewer Accounts (Single-Family Dwellings):
A flat rate charge of $142.33 flat rate monthly regardless of water consumption
Commercial Accounts:
0 to 10,000 gallons of water usage	$142.33 Flat Rate
10,001 to a maximum 60,000 gallons of water usage	$6.00/Thousand
Industrial Accounts:
0 to 10,000 gallons of water usage	$142.33 Flat Rate
10,001 to maximum 125,000 gallons of water usage	$6.00/Thousand
Institutional Accounts:
0 to 10,000 gallons of water usage	$142.33 Flat Rate
10,001 or more gallons of water usage	$6.00/Thousand

(Ord. 1587 § 1(1), 2023; Ord. 1572 § 1(1), 2022).

13.10.020 Billing.

A. Sewer service charges shall be billed monthly and be a part of the utility billing. All sewer charges shall be in addition to the regular water charges and shall be so designated on the monthly utility billings.

B. Eligible low-income customers living in single-family residences shall receive a discount based on their total household income. The city shall establish the eligibility requirements that must be met in order to receive any discount.

C. All established properties with sewer service within the city limits of South Bend will pay a $54.50 monthly service charge if the account is inactive, but hooked to the city’s sewer service. Sewer service is considered a stub-out from the main sewer line to the property. (Ord. 1587 §§ 1(2) – 1(4), 2023; Ord. 1572 §§ 1(2) – 1(4), 2022).

13.10.030 Additional service charge for unconnected services.

A $5.00 monthly charge shall be made to all services within the corporate limits of South Bend, Washington, that are not connected to the sewer system for the purpose of sewer construction and bond redemption and all residents outside the city limits utilizing the city’s services shall also pay a $5.00 fee. (Ord. 1587 § 1(5), 2023; Ord. 1572 § 1(5), 2022).

13.10.040 Connection fee.

All applicants for new connections of side sewers shall pay all costs associated with the actual connection to the nearest sewer main: pipes, fittings, labor, etc. In addition, the new connection will be charged a set capital investment recovery fee of $4,800. (Ord. 1587 § 1(6), 2023; Ord. 1572 § 1(6), 2022).

13.10.050 Charges – Due when – Delinquency.

All charges shall be due and payable on or before the twentieth day of the month the billing date for which service is made. Those charges not so paid shall become delinquent and shall bear interest, from and after the date of delinquency at the rate of $5.00 monthly or eight percent per annum, whichever is the greater. (Note: [Past due amount] times [eight percent divided by 365] times [days past due] = late charge). (Ord. 1587 § 1(7), 2023; Ord. 1572 § 1(7), 2022).

13.10.060 Charges – Lien upon property.

All charges provided for in this chapter, together with penalties and interest thereon, shall be a lien upon the property to which said charge is made pursuant to RCW 35.21.290 through 35.21.300, and such property shall be subject to foreclosure pursuant to the terms of said chapter; no change of ownership or occupation shall affect the application of this section. (Ord. 1587 § 1(8), 2023; Ord. 1572 § 1(8), 2022).

13.10.070 Disconnection of service.

As an additional concurrent method of requiring that the rates and charges herein stated shall be promptly paid, the city supervisor of the city of South Bend is hereby authorized and directed, upon being notified in writing by the city clerk/treasurer of said city of any water users delinquent in the foregoing sewer charges, to disconnect water service to the premises of said water consumer until such time as the delinquent charges are paid. A service charge of $25.00 for said disconnection shall be made. (Ord. 1587 § 1(9), 2023; Ord. 1572 § 1(9), 2022).

13.10.080 Industrial accounts.

For the industrial accounts having individual NPDES (National Pollution Discharge Elimination System) permits for direct discharge of process waters to the Willapa River and bypassing the South Bend wastewater collection and treatment system with all but domestic waste, the following user charge system shall be used:

Calculating the sewer charges monthly based on the full water consumption, each holder of an NPDES permit shall then pay 25 percent of the full sewer charge for that billing period.

A. Pacific Seafood, Dungeness Development and South Bend Packers are currently holders of NPDES permits and fall within this category. (Ord. 1587 § 1(10), 2023; Ord. 1572 § 1(10), 2022).

Article II. Sewer Use and Regulations

13.10.100 Definitions.

Unless the context specifically indicates otherwise, the meaning of terms used shall be as set forth in this section. Terms not specifically defined herein shall be as defined in the publication “Glossary Water and Wastewater Control Engineering” published by the American Public Health Association, American Society of Civil Engineers, American Water Works Association and Water Pollution Control Federation.

1. “APWA specifications” means Standard Specifications for Municipal Public Works Construction prepared by the Washington State Chapter, American Public Works Association, latest edition with latest revision.

2. “A.S.T.M.” means the American Society for Testing and Materials.

3. “B.O.D.,” denoting biochemical oxygen demand, shall mean the quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory procedure in five days at 20 degrees Celsius, expressed in milligrams per liter.

4. “Capping permit” shall mean a permit required for the disconnection of sewer service.

5. “City” shall mean the city of South Bend, Washington.

6. “City sewerage system” shall mean the system of conduits, pumps, treatment plants and appurtenances used for the purpose of conveying from their source, treating in any manner, and conveying to final points of disposal all wastes of any nature permitted by this chapter.

7. “Cluster living units” shall mean living units, such as trailers, cabins or houses which have utilities operated and maintained by an association or a common owner.

8. “Commercial services” shall mean all sanitary sewerage systems other than domestic service.

9. “Council” shall mean the city council of the city of South Bend, Washington.

10. “Cover” shall mean the depth of material lying between the top of the sewer or drain and the ground surface immediately above it.

11. “Domestic services” shall mean any sanitary sewage system serving a living unit.

12. “Downspout” shall mean a pipe which conducts water from a roof of a building or structure.

13. “Garbage” shall mean putrescible waste from the preparation, cooking and dispensing of food, and from the handling, storage and sale of produce.

14. “Multiple dwelling” shall mean a multiple-family dwelling, namely a building designed and/or used to house two or more families living independently of each other and including all necessary household functions of each such family, such as motels, hotels, and apartments.

15. “Natural outlet” shall mean any outlet into a water course, pond, ditch, lake, bay, or other body of surface or ground water.

16. “Other structure” shall mean any building other than a single-family or multiple dwelling.

17. “Outside connection” shall mean any sewer constructed in a public right-of-way and where the public agency who has jurisdiction of such right-of-way requires a permit fee or any other charge.

18. “Person” shall mean any individual, company, partnership, corporation, association, society or group and the singular tense shall include the plural.

19. “pH” shall mean the logarithm of the reciprocal of the weight of hydrogen ions in grams per liter of solution.

20. “Plumbing outlet” shall mean, in plumbing, the part of the lowest horizontal piping of a drainage system that receives the discharge from soil, waste and other drainage pipes inside the walls of the building and conveys it to the building sewer (house connection). The latter begins 30 inches outside the inner face of the building wall.

21. “Private side sewer” shall mean a sanitary sewer pipe leading from a plumbing outlet, drain or other facility to the side sewer of the public sewer system.

22. “Properly shredded garbage” shall mean garbage which has been shredded to such degree that all particles will be carried freely under the flow conditions normally prevailing in public sewers, with no particle greater than one-half inch in any dimension.

23. “Public sewer” shall mean any sanitary sewer, including but not limited to trunks, laterals, stubs and forcemains and being constructed by the city or any person within the public right-of-way or perpetual easement obtained by the city.

24. “Sanitary sewage” shall mean wastewater derived from domestic, commercial and industrial wastes and to which storm, surface, and ground water are not intentionally admitted.

25. “Sanitary sewer” shall mean a sewer which carries sanitary sewage.

26. “Sewage” shall mean a comprehensive term including industrial waste, storm drainage and wastewater.

27. Shall and May. “Shall” is mandatory; “may” is permissive.

28. “Side sewer” shall mean a sewer constructed from the lateral or trunk sewer to the property line, or edge of perpetual easement of the property being served.

29. “Single-family dwelling” shall mean a structure designed and/or used to house a single family.

30. “Storm drain” shall mean a public or private drain which carries storm and surface waters or drainage effluent from storm plumbing outlets, and other unpolluted water.

31. “Structure” shall mean anything constructed or erected, the use of which requires location or attachment to something having location on the ground, and shall, in addition, include but not be limited to trailers, mobile homes and house trailers, but shall not include fences and walls.

32. “Suspended solids” shall mean solids that either float on the surface of, or are in suspension in water, wastewater, or other liquids, which are largely removable by laboratory filtering.

33. “Unpolluted water” shall mean water in its natural state or water which, after use for any purpose, is not substantially changed as to chemical or biochemical properties.

34. “Wastewater” shall mean the spent water of a community. It may be a combination of the liquid-carried wastes from residence and commercial buildings, industrial plants, and institutions, together with any ground water, surface water, and storm water that may be present. (Ord. 1004 § 1 (8.10.010), 1979).

13.10.110 Public sewers – Use and connection.

All structures charged for sewerage service and as provided in SBMC 13.10.120 shall be required to connect to the city’s sewer system, unless this requirement is waived by the city supervisor. (Ord. 1004 § 1 (8.10.020), 1979).

13.10.120 Connection and charges.

The owner shall connect all applicable plumbing outlets to the public sewer by the construction of a side sewer at his expense at the point designated by the city in accordance with APWA specifications. Such installation and connection, unless otherwise authorized, shall be completed within 90 days after the date of mailing or personal service of notice to the property owner directing such owner to make such connection. (Ord. 1004 § 1 (8.10.030), 1979).

13.10.130 Connection of nonassessed property.

The owner of property that has not been subject to special assessments for sewers by city may connect structures on that property to the public sewer of the city and obtain sewage disposal service by paying a connection charge in lieu of assessment. (Ord. 1004 § 1 (8.10.040), 1979).

13.10.140 Connection of all plumbing outlets.

All plumbing outlets from any building or structure hereafter constructed or made available for human occupation and/or use for any purpose shall, when required by this section, be connected to a public sewer of the city before the completion of the construction of such building or structure or before any occupancy or use thereof is allowed. In the event that a public sewer capable of serving that building or structure has not been completed by the city prior to the construction or occupancy of such building or structure, said building or structure shall be connected to the public sewer within 90 days after written notification of public sewer availability. (Ord. 1004 § 1 (8.10.050), 1979).

13.10.150 Side sewer repairs.

Any repairs to a side sewer shall be made within 30 days after the date of mailing or personal service of a notice to the owner of the property served notifying such owner to make repairs in accordance with APWA specifications. In the event of an emergency, the city may establish a shorter period of time for the repairs to be made or, if the owner cannot be located or does not promptly make such repairs, the city may make the repairs under the procedure of SBMC 13.10.170 and 13.10.180. It shall be presumed that a building sewer is in need of repair or replacement if there is no discharge into the main line or there is evidence of seepage or discharge in the adjacent soils. (Ord. 1004 § 1 (8.10.060), 1979).

13.10.160 Notice and charges.

The city shall mail to the owner a notice that sewer service is available and all applicable service charges shall begin the first day of the month that begins 30 days after the mailing of such notice. (Ord. 1004 § 1 (8.10.070), 1979).

13.10.170 Failure to connect within time allowed – Penalty – Lien.

If any such connection or ordered building sewer repair is not made within the time herein provided, the city supervisor, or such other employee of the city as the city council may hereafter designate, is authorized and directed to cause such connection or building sewer repair to be made and to file a statement of the cost thereof with the city clerk-treasurer, and thereupon a warrant shall be issued under the direction of the city council and drawn on the sewer fund of the city for the payment of such cost. Such amount, together with a penalty of 10 percent plus interest at the rate of 10 percent per year upon the total amount of such cost and penalty, shall be assessed against the property, and shall become a lien thereon as provided by RCW 35.67.200. Such total amount, when collected, shall be paid into the sewer fund. (Ord. 1004 § 1 (8.10.080), 1979).

13.10.180 Failure to connect or repair side or stub sewer.

Alternatively the city attorney may be authorized by the mayor and council to bring suit against the owner or other responsible person to compel said owner or responsible person to make the connection or repair required by SBMC 13.10.110 through 13.10.170 inclusive hereof, or to authorize the city to make the connection or repair at the owner’s cost, or for such other relief as may be appropriate. The suit may obligate the owner to pay the city’s costs, disbursements and reasonable attorney’s fees and the penalty authorized by RCW 35.67.190. (Ord. 1004 § 1 (8.10.090), 1979).

13.10.190 Building sewer permits and fees.

A. Application and Issuance. Prior to connection of any house, building or structure to the public sewer or the making of any repairs, alterations, or addition to any building sewer or line connected thereto, an application for a building sewer permit shall be made by the owner or his agent at the office of the city supervisor or his representative. The permit application shall be supplemented by any plans, specifications or other information considered pertinent in the judgment of the city supervisor or his representative. Upon approval of the application the city supervisor or his representative shall issue a building sewer permit to the applicant, which permit shall be authorization to the applicant to proceed to connect in accordance with the permit. If the applicant proceeds in any manner other than as authorized, the city supervisor or his representative may require the applicant to redo any work that is not in accordance with the permit.

B. Any permit shall be valid for 90 days unless extended or renewed by the public works department upon good cause being shown, upon application therefor, prior to the original expiration date. A renewal permit shall be valid for not more than 30 days. (Ord. 1004 § 1 (8.10.100), 1979).

13.10.200 Exhibition of permit.

Any permit required by this chapter shall be at all times during the performance of the work until completion thereof and approval by the city be posted at some conspicuous place at or near the work and must be readily and safely accessible to the city’s representative. (Ord. 1004 § 1 (8.10.110), 1979).

13.10.210 Installation.

A property owner may install the building sewer on his own property; provided, he complies with the applicable provisions of this chapter. A side sewer contractor, registered in accordance with SBMC 13.10.300, shall be required for any work on public right-of-way and/or any connection to the main line sewer. Should the owner or occupant choose to employ a bonded side sewer contractor to do the work on this property, such contractor shall obtain the permit in his own name. (Ord. 1004 § 1 (8.10.120), 1979).

13.10.220 Community building sewer.

Whenever a building sewer is to be located on property other than the property being served, the owner or owners of the building sewer shall secure a written easement on an appropriate form, covering and granting the right to occupy such property for such purpose. The written easement shall be recorded by the owner in the office of the county auditor and a copy of same shall be furnished to the city prior to issuance of a permit. (Ord. 1004 § 1 (8.10.130), 1979).

13.10.230 Repair.

A repair permit shall be obtained from the city for the repair of any minor portion of an existing building sewer on an appropriate form provided by the city. If the repair is not minor, the city shall require the replacement of the existing side sewer. A repair is not minor if the integrity of the building sewer is impaired. (Ord. 1004 § 1 (8.10.140), 1979).

13.10.240 Capping.

When any property owner desires to have sewer service terminated for any property because the building or structure thereon is either removed, destroyed or condemned, the building sewer shall be capped or sealed in a manner approved by the city. The owner shall apply to the city for a capping permit on a form supplied by the city. Upon the issuance of the permit, the owner shall cap his sewer line at the point designated by the city. (Ord. 1004 § 1 (8.10.150), 1979).

13.10.250 Inspection.

No person shall cover or backfill any building sewer without an inspection and approval from the city. The city shall be given 24 hours’ notice when such construction is ready for inspection. If any person covers or backfills any building sewer or public sewer without having obtained approval, the city shall require the person to uncover the work so that a proper inspection and approval can be made. The city shall have access at reasonable times to all single-family, multiple dwellings and other structures, for the purpose of examining any and all plumbing outlets and/or side sewers for the purpose of ascertaining whether the provisions of this chapter are being complied with. (Ord. 1004 § 1 (8.10.160), 1979).

13.10.260 Materials and workmanship.

The city shall inspect and make such tests deemed necessary to ensure that the new construction meets all requirements of this chapter in respect to materials and workmanship. (Ord. 1004 § 1 (8.10.170), 1979).

13.10.270 Testing.

The city shall require all four-inch and six-inch sewer construction to be tested by water exfiltration test in accordance with APWA specifications. Eight-inch and larger sewer lines may be tested by low pressure air tests in accordance with APWA specifications. (Ord. 1004 § 1 (8.10.180), 1979).

13.10.280 Variance to installations.

Any variance to this chapter shall not be permitted without the express approval of the city and all releases requested by the city shall be obtained in writing by the person requesting such installation. (Ord. 1004 § 1 (8.10.190), 1979).

13.10.290 Fees.

Prior to issuance of any permit all fees shall be paid to the city. The fees required are as established by council resolution. (Ord. 1004 § 1 (8.10.200), 1979).

13.10.300 Work in rights-of-way – Construction.

No person shall install side sewers in any public or private thoroughfare or right-of-way unless he is registered with the city pursuant to this section and has complied with all of the requirements of this chapter. Any work on rights-of-way shall be in conformity with the requirements of the city. It will be the contractor’s responsibility to notify the city representatives before beginning work on the right-of-way and to ascertain that the schedule of operation proposed is satisfactory to the city; provided, however, that all work must be completed with dispatch and in a reasonable time. If a contractor or owner has been notified by the city representatives that certain work must be done and that person fails to do said work, the city may complete the work and charge the cost thereof to the person responsible. (Ord. 1004 § 1 (8.10.210), 1979).

13.10.310 Protection.

Any excavation made by any sewer contractor in a right-of-way shall be protected and guarded by fencing or covering and properly lighted. The protection of the public from the danger of such excavation shall be the responsibility of the sewer contractor, and the contractor shall be liable for any damage caused by his failure to properly protect and guard such excavation. If the contractor or owner fails to properly protect and guard such excavation, the city may properly protect and guard such excavation and charge the cost thereof to the sewer contractor or owner, who shall upon receiving written notice of the amount of such charge immediately pay the same to the city. (Ord. 1004 § 1 (8.10.220), 1979).

13.10.320 Maintenance.

Whenever construction work under this chapter is undertaken on easements or rights-of-way, all work shall be confined to a reasonable limit and accomplished to cause the least amount of disturbance and a minimum amount of damage. (Ord. 1004 § 1 (8.10.230), 1979).

13.10.330 General provision requirements.

These standards are only for gravity lines and not intended for pressure mains. Pressure mains shall meet A.S.T.M. specifications or equivalent.

All material and workmanship in connection with the installation of any sewers connected to the public sewer shall be as specified by this chapter and the standard specifications.

Connection will be made at the point designated by the city, and all plumbing outlets shall be connected to the sanitary sewer. (Ord. 1004 § 1 (8.10.240), 1979).

13.10.340 Grade and depth.

All building sewers shall be laid on not less than two percent grade (two feet vertical per 100 feet horizontal) nor more than 200 percent (two feet vertical; one foot horizontal) grade. Building sewers shall not be laid less than 30 inches where possible from any foundation wall of any building and, if there is no foundation wall, not less than 30 inches from the outer lines of any footings, pilings, or building supports. Minimum cover shall be not less than 30 inches at the curb line and not less than 30 inches at the property line, and not less than 12 inches on private property. Any side sewer laid generally parallel to the curb line shall have not less than 30 inches of cover, and all cover measurements shall be based on the established grade or on existing improvements.

If required for connection to the sewer main, the city may approve a variance to a minimum grade of one percent on four-inch and six-inch side sewers upon receiving a signed grade release form from the owner. Whenever a side sewer is laid at more than 100 percent grade, the city shall require cast iron or plastic pipe which conforms with this chapter. (Ord. 1004 § 1 (8.10.250), 1979).

13.10.350 Alignment.

The building sewer shall be laid at uniform grade and in straight alignment so far as is possible. Changes in direction shall be made only with curved pipe with no greater than 45-degree bends. The connection to the building drain and combination bends of 90 degrees shall include a cleanout. All pipe shall be laid on a firm earth bedding containing no material larger than one inch. If the trench bottom contains mud or water, the pipe shall be laid on a four-inch granular base of three-fourths-inch minus rock, pea gravel, sand or combination thereof. For plastic pipe, sand shall be used as granular base material. Backfill around the pipe and to a point four inches above shall be selected trench excavation material hand-placed and hand-tamped, with no material larger than one inch. (Ord. 1004 § 1 (8.10.260), 1979).

13.10.360 Design standards.

Unless otherwise called for, side sewer pipe shall be concrete, cast iron, asbestos cement, or plastic and meet the following specifications:

*Concrete	A.S.T.M.	C-14X Class 2
(with rubber gasket joints)
*Cast Iron	A.S.T.M.	A74
(with mechanical or push-on type rubber joints)		C564
*Asbestos Cement	A.S.T.M.	C428
(rubber gasket, oil resistant type)		C644
*Plastic	A.S.T.M.	D3034, SDR 35 (PVC) D1785 (PVC schedule 40, 80, 120)

All A.S.T.M.’s specifications shall be the latest issue.

*Bedding, laying and joining to be done in accordance with the manufacturer’s recommendations.

(Ord. 1004 § 1 (8.10.270), 1979).

13.10.370 Sewer pipe size.

A four-inch building sewer shall be required for any single-family dwelling. Two or more single-family dwellings to a maximum of four, two or more cluster living units to a maximum of 14, and multiple dwellings to a maximum of 30 family units may be served by a six-inch line minimum. Eight-inch lines shall be required for any additional units thereafter. A six-inch side sewer shall be required for any building or structure not listed above. (Ord. 1004 § 1 (8.10.280), 1979).

13.10.380 Manhole.

As the city deems necessary, it may prescribe standard manholes in building sewers of a greater length than 100 feet. The city may prescribe a 36-inch diameter extra shallow manhole in cases where the side sewer depth is 42 inches or less. (Ord. 1004 § 1 (8.10.290), 1979).

13.10.390 Trailer and mobile living unit connection provisions.

Sewer connections for trailers and other mobile living units shall be of the type approved by the city, but in all cases shall be above grade and shall have the ability to be made air and water tight when not in use. Trailers installed through permit process or otherwise shall install connections in accordance with single-family requirements. (Ord. 1004 § 1 (8.10.300), 1979).

13.10.400 Cleanout.

A cleanout is required whenever more than a one-eighth (45-degree bend) is used. Also, immediately outside the house or structure where the city deems necessary. (Ord. 1004 § 1 (8.10.310), 1979).

13.10.410 Water line location.

No water line shall be laid in any form or manner in the same trench as the sewer line. The side sewer must be installed not to interfere and be constructed at least three feet distant horizontally and two feet below any water line used for human consumption. (Ord. 1004 § 1 (8.10.320), 1979).

13.10.420 Plumbing contractors.

No plumbing or side sewer contractors shall make connections of building sewers to public sewers of the city without first being registered with the state of Washington pursuant to Chapter 18.27 RCW. (Ord. 1004 § 1 (8.10.330), 1979).

13.10.430 Locating side sewer connections – Wye or tee not found.

If a wye or tee is not found at the measurement given by the city, the contractor shall prospect five feet in all directions from the measurement given and, if not found, then notify the city. (Ord. 1004 § 1 (8.10.340), 1979).

13.10.440 Saddles.

Unless otherwise specified by the city, prefabricated saddles will be used for any graft to the public sewer. No new connection to main line will take place except by city crews. (Ord. 1004 § 1 (8.10.350), 1979).

13.10.450 Prohibited discharge to sewer – Storm or other waters.

No person shall discharge, permit or cause to be discharged any storm drainage water, surface water, ground water, roof runoff, subsurface drainage, or cooling water to or in any sanitary sewer. (Ord. 1004 § 1 (8.10.360), 1979).

13.10.460 Other substances.

Except as hereinafter provided, no person shall discharge or cause or permit to be discharged any of the following described water or wastes to any sanitary sewer:

A. High Temperature Wastes. Any liquid or vapor having a temperature higher than 65 degrees Celsius.

B. Flammable or Explosive Wastes. Any gasoline, oils, paint, benzine, naphtha, fuel oil, or other flammable or explosive liquid, solid, or gas.

C. Obstructive Wastes. Any ashes, cinders, sand, mud, straw, shavings, metal, glass, rags, feathers, tar, plastics, wood, manure, or any other solid or viscous substance capable of causing obstructions to the flow in sewers or other interference with the proper operation of the city sewage system.

D. Toxic or Poisonous Substance. Any waters or wastes containing a toxic or poisonous substance in sufficient quantity to injure or interfere with any sewage treatment process constitutes a hazard to humans or animals, or creates any hazard in the receiving waters of the city sewage system.

E. pH Limitations. Any waters or wastes having a pH lower than 5.5 or higher than 9.0 or having any other corrosive property capable of causing damage or hazard to structures, equipment, personnel and the city sewage system.

F. Suspended Solids. Any waters or wastes containing suspended solids of such character and quantity that unusual attention or expense is required to handle such material at the sewage treatment plant, or is in excess of 350 milligrams per liter.

G. Noxious Substance. Any noxious or malodorous gas or substance capable of creating a public nuisance, including the contents of septic tanks and cesspools, without written consent of the city.

H. Garbage. Any garbage that is not properly shredded.

I. Paper and Plastic Products. Any paper and plastic products such as cups, dishes, napkins and milk containers.

J. Greases. Any greases, (animal or vegetable) oils, or matter containing animal or vegetable grease or oil of any nature in excess of 300 milligrams per liter.

K. B.O.D. Any matter containing a five-day biochemical oxygen demand in excess of 300 milligrams per liter. (Ord. 1004 § 1 (8.10.370), 1979).

13.10.470 Grease, oil and sand interceptors.

Grease, oil, and sand interceptors shall be provided when, in the opinion of the city, such are necessary for the proper handling of liquid wastes containing grease in excessive amount or any flammable wastes, sand and other harmful ingredients, except that such interceptors shall not be required for private living quarters. All interceptors shall be of a type and capacity approved by the city and shall be located so as to be readily and easily accessible for cleaning and inspection, and shall be maintained by the owner, at his expense, in continuously efficient operation at all times. (Ord. 1004 § 1 (8.10.380), 1979).

13.10.480 Violation – Liability.

Any person who violates any provision of SBMC 13.10.470 or 13.10.490 shall be liable to the city for the damages and costs, if any, caused by such violation. (Ord. 1004 § 1 (8.10.390), 1979).

13.10.490 Regulations relating to sampling and analyses – Examination of water and sewage.

All measurements, tests, and analyses of the characteristics of waters and wastes to which reference is made above shall be determined in accordance with “Standard Methods for the Examination of Water and Sewage” and shall be determined at the control manhole. In the event that no special manhole has been required, the control manhole shall be considered to be the nearest downstream manhole in the public sewer to the point at which the side or stub sewer is connected. (Ord. 1004 § 1 (8.10.400), 1979).

13.10.500 Special regulations.

No person other than representatives of the city shall uncover, make any connections with or opening into, use, alter, or disturb any public sewer or appurtenance thereof without first obtaining a written building sewer permit from the city. (Ord. 1004 § 1 (8.10.410), 1979).

13.10.510 Prohibited connection.

No person shall connect any type drain, downspout, etc. other than sanitary plumbing fixtures. (Ord. 1004 § 1 (8.10.420), 1979).

13.10.520 Excavations.

No person shall leave unguarded any excavation made in connection with the construction or repair of any side sewer or private drain. (Ord. 1004 § 1 (8.10.430), 1979).

13.10.530 Structures, appurtenances and equipment.

No person shall break, damage, destroy, deface, alter, or tamper with any structure, appurtenance or equipment which is a part of the city sewer system. (Ord. 1004 § 1 (8.10.440), 1979).

13.10.540 Unauthorized construction of sewers.

No person shall commence any sewer construction without the issuance of a permit or otherwise meeting the provisions of this code. (Ord. 1004 § 1 (8.10.450), 1979).

13.10.550 Industrial cost recovery.

Any industrial users of a sewer facility constructed with Environmental Protection Agency grant funds awarded after March 1, 1973, shall repay that portion of the grant amount allocatable to the treatment of its wastes. The method of repayment and procedures for handling the repayment shall be in accordance with Sections 35.905-6, 35.905-7, 35.905-8, 35.925-12, 35.928 and 35.935-13 of the Environmental Protection Agency Rules and Regulations for Water Pollution Control Construction Grants for waste treatment works as published in Volume 39, Number 29, of the Federal Register dated February 11, 1974. (Ord. 1004 § 1 (8.10.460), 1979).

13.10.560 Severability.

If any section or provision or part of this chapter shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of this chapter as a whole, or of any section, provision, or part thereof not adjudged invalid or unconstitutional. (Ord. 1004 § 1 (8.10.470), 1979).

13.10.570 Cumulative penalty provisions.

Each day that any person, firm, association or corporation shall violate or fail to comply with any of the provisions of this chapter shall be a separate offense. (Ord. 1004 § 1 (8.10.480), 1979).

13.10.580 Violation – Penalty.

Any person, firm, association or corporation violating or failing to comply with any of the provisions of this chapter shall be deemed guilty of a misdemeanor and upon conviction thereof shall be punished by a fine in any sum not exceeding $500.00 or by imprisonment in the city jail for a term not exceeding six months, or by both such fine and imprisonment for each separate offense. (Ord. 1004 § 1 (8.10.490), 1979).