Chapter 12.28 SEWER SYSTEM REGULATIONS

“Sewer” or “sanitary sewer” means any lateral, trunk, interceptor, treatment, or other sewer facility owned by the county or city and/or part of the public sewer system of the county or city and intended to transport or treat sewage.

“Side-sewer” means any pipeline (both public and private) which transports sewage from the customer’s structure or facility to a sewer main of the city or county.

“Side-sewer contractor” means a licensed contractor hired by a property owner, customer or resident to construct side-sewer facilities.

“Stub,” “side-sewer stub” means the generally short length of side-sewer located in the public right-of-way installed by the city, which generally runs from the sewer main in the street to the approximate property line of the property which it is intended to serve.

“Superintendent” means the person employed by the city who is in charge of the operation, maintenance and inspection of the sewer system or his/her authorized representative.

“User” means the same as customer.

“Wastewater” means the same as sewage. (Ord. 527, Art. I, 1997).

Article II. General Provisions

12.28.020 Purpose.

The purpose of this chapter is to provide for the maximum possible beneficial public use of the city’s sewer facilities through regulation of sewer construction, sewer use, and wastewater discharges; to provide for equitable distribution of the costs of the city’s sewer facilities; and to provide procedures for complying with the requirements contained herein. (Ord. 527, Art. II, § 1, 1997).

12.28.030 Scope.

A. The definitions of terms used in this chapter are found in Article I. The provisions of this chapter shall apply to the discharge of all wastewater to facilities of the city and county. This chapter provides for use of the city wastewater facilities, regulation of side-sewer construction and connection, control of the quantity and quality of wastewater discharged, wastewater pretreatment, equitable distribution of costs, sewer construction plans, issuance of wastewater discharge permits, minimum sewer construction standards and conditions, and penalties and other procedures in cases of violation of this chapter.

B. This chapter shall apply to the city of Tonasket and to persons outside the city who are, by contract or agreement with the city, users of the city’s wastewater facilities. (Ord. 527, Art. II, § 2, 1997).

12.28.040 Administration.

Except as otherwise provided herein, the superintendent and/or clerk-treasurer shall administer, implement, and enforce the provisions of this chapter. (Ord. 527, Art. II, § 3, 1997).

12.28.050 Rates, fees and charges.

A. All rates, fees and charges payable under the provisions of this chapter shall be paid to the city of Tonasket. Such rates, fees and charges shall be set forth herein or as established in the latest edition of the city’s wastewater service rates and charges ordinance.

B. All rates, fees, and charges collected under this chapter (and the wastewater service rates and charges ordinance) shall be used for the sole purpose of constructing, operating or maintaining the wastewater facilities of the city, or the retirement of debt incurred for same.

C. All rates, fees and charges payable under the provisions of this chapter are due and payable on the receipt of notice of charges, or as specified in the city’s wastewater service rates and charges ordinance. Unpaid amounts shall become delinquent and shall be subject to penalty and interest charges as outlined in this chapter or the latest edition of the city’s wastewater service rates and charges ordinance.

D. All billings may be mailed either to the occupant, or to the owner of the property if the city may reasonably ascertain the same. Failure to receive said bills shall not relieve any person liable from the obligation to pay the same, nor shall it relieve the property receiving service or capable of receiving service from such lien as the state law provides may thereafter attach to said property. Any person who has the care, custody, control or management of any premises or buildings, or who collects rentals therefrom, shall for the purpose of this chapter be deemed the agent of the owner of such premises or building, and the giving of all notices herein provided for to said agent shall be deemed proper notice to the owner.

E. All rates, fees, charges, fines or penalties resulting from this chapter or the city’s sewer service rates and charges ordinance against property owners receiving or capable of receiving such services are deemed charges against the property served. (Ord. 527, Art. II, § 4, 1997).

12.28.060 Vandalism.

No person shall maliciously, wilfully, or negligently break, damage, destroy, uncover, deface, or tamper with any pipe, structure, appurtenance, or equipment that is part of the city’s wastewater facilities. Any person who violates this section shall be guilty of a civil infraction and, upon conviction, is punishable by a fine not to exceed $1,000, in addition to costs resulting from such damage. (Ord. 527, Art. II, § 5, 1997).

12.28.070 Severability.

A finding by any court or other jurisdiction that any part or provision of this chapter is invalid shall not affect the validity of any other part or provision of this chapter that can be implemented without the invalid parts or provisions. (Ord. 527, Art. II, § 6, 1997).

Article III. Use of City Wastewater Facilities

12.28.080 Connection to sewer required.

A. The owner of each lot or parcel of real property within the area to be served by the sewerage system of the city, upon which lot or parcel of real property there shall be situated any improvement designed to be utilized for human occupancy, employment, recreation, or other purpose or use abutting on any street, alley, easement or right-of-way in which there is now located, or may in the future be located, a public sanitary sewer of the city, is hereby required, at such owner’s expense, to install suitable toilet facilities therein (or, in the instance of a trailer or mobile home, to ensure that there are suitable toilet facilities therein) and to connect such facilities directly to the public sewer intended to serve the subject property; provided, that said public sewer is within 250 feet of the property line. All connections to said sewerage system shall be made in a manner complying with this chapter, and each toilet, sink, stationary washstand, or other piece of equipment having sanitary waste or other such matters as determined by the city to require connection, shall be connected with said sewerage system.

B. The owner of each lot or parcel of real property as described in subsection (A) of this section, which would be required to connect to a public sewer as of the date of adoption of the ordinance codified in this chapter if such public sewer were available, but for which no public sewer is available as of the date of the ordinance codified in this chapter, shall connect to the public sewer within 12 months of the date the city notifies such property owner that the public sewer is available.

C. Any improvement hereinafter constructed or made available for human occupancy and use for any purpose shall, before completion of construction or before any occupancy or use thereof, or within 60 days after written notification from the city in the event that a sewer line capable of serving said building or structure has not been completed by the city prior to its construction, occupancy, or use, be connected to the sewerage system of the city.

D. The applicable sewer service charge for premises required to connect to the public sewer shall begin on the date by which connection is required, whether or not such connection has in fact been made. (Ord. 527, Art. III, § 1, 1997).

12.28.090 Waste disposal.

It shall be unlawful for any person to place, deposit, or permit to be deposited on public or private property within the city of Tonasket or in any area under the jurisdiction of said city, any human or animal excrement, garbage, or other objectionable waste. (Ord. 527, Art. III, § 2, 1997).

12.28.100 Wastewater discharges.

Wastewater discharges to the city’s or county’s wastewater facilities are not authorized unless approved by the city in accordance with provisions of this chapter. (Ord. 527, Art. III, § 3, 1997).

12.28.110 Wastewater disposal.

Except as provided in this chapter, it shall be unlawful to construct or maintain any septic tank, cesspool, dry well or other facility intended or used for the disposal of wastewater, unless the public sewer is not available for connection within 250 feet. Nothing in this chapter shall prohibit the use of properly maintained, temporary self-contained portable toilets at construction sites. (Ord. 527, Art. III, § 4, 1997).

Article IV. Side-Sewers and Connections

12.28.120 Connection permit and inspection required.

A. Unless specifically indicated otherwise in the connection permit, all work required within the public right-of-way for a new connection shall be performed by the city.

B. Before any work is started for construction of a side-sewer either on private property or within public rights-of-way, application must be made to the city for a connection permit. Applications for a permit shall be made by the owner of the property to be served, a licensed side-sewer contractor or the owner’s authorized agent. No work shall be allowed within any public right-of-way or easement unless specifically described and authorized in the approved permit.

C. No permit shall be issued for side-sewer installation before the public sewer system is accepted by the city unless otherwise specifically authorized by the superintendent.

D. All side-sewer work requires inspection by the superintendent, as specified in this chapter. (Ord. 527, Art. IV, § 1, 1997).

12.28.130 Connection permit – How obtained.

A. In order to obtain a side-sewer connection permit, any licensed side-sewer contractor employed to do the work or the owner of any property shall file an application in writing with the clerk-treasurer, stating the name of the owner or occupant of the premises to be connected, giving service address, lot, block, plat, and addition, or other legal description, the number of buildings on premises, and the purpose for which they are to be used, together with plans and specifications showing the whole course of the drain from the sewer or other outlet to its connection with the building or premises and all branches, traps, and fixtures to be connected therewith. The superintendent may change or modify the same and designate the manner in which such connections shall be made with the building; the place where such connections to the public sewer shall be made; specify the size and grade of such connecting sewer, and endorse his approval on such plans and specifications as originally prepared or as modified and changed.

B. The application and permit shall specifically prohibit work within the public rights-of-way or easements unless specifically described and authorized in the approved permit.

C. Upon approval of such plans and specifications as heretofore provided, the clerk-treasurer shall issue a permit as provided herein and it shall be unlawful for any person to alter the approved permit, plans and specifications or to do any other work than is provided for in the permit, or to repair, extend, or connect to any private sewer or drain without first obtaining a permit as provided herein. The superintendent shall prepare and keep on file in the City Hall all cards and records of buildings connected to sewers showing the size of the lot, location of the building or buildings, and the whole course of the side-sewer drain to the public sewer. (Ord. 527, Art. IV, § 2, 1997).

12.28.140 Additional work – New permit required.

When a permit has been issued for a side-sewer as herein provided, no additional work shall be put in without the approval of the superintendent, and a new permit must be taken out covering all additional work. (Ord. 527, Art. IV, § 3, 1997).

12.28.150 Life of permit.

In the event work shall not be completed within one year after being issued the permit, the permit becomes void and a new permit will be required. A new permit shall be taken out for which a permit fee shall be charged. No permit issued shall be valid for a longer period than that specified in such permit, and in any case the permit shall expire on the date by which connection to the public sewer is required pursuant to this chapter. (Ord. 527, Art. IV, § 4, 1997).

12.28.160 Posting of permit.

The permit required under the terms herein must, at all times during the performance of the work and until completion thereof, be posted in some conspicuous place at the work site. (Ord. 527, Art. IV, § 5, 1997).

12.28.170 Construction, extension, modification or repair of side-sewers on private property.

It shall be unlawful for any person to construct, extend, re-lay, repair or make connections to a private sewer or side-sewer within the property lines without obtaining a permit therefor as herein provided and submitting a scale drawing showing the location thereof as provided in TMC 12.28.130. The superintendent may issue such permit to the owner or occupant of any property to construct, extend, re-lay, repair, or make connections to a side-sewer, or private sewer, lying inside of the property line; provided, that such owner or occupant shall comply with all applicable provisions of this chapter, except he need not employ a licensed side-sewer contractor to do such work. (Ord. 527, Art. IV, § 6, 1997).

12.28.180 Requirements for contractors.

A. Except as provided in TMC 12.28.170, any construction, extension, modification or repair of sewers or side-sewers within the city shall be done only by a licensed side-sewer contractor. Such contractor shall hold a valid State of Washington General Contractor’s License, and shall carry a minimum of $100,000 public liability and $20,000 property damage insurance, or such insurance types and amounts required by the state for a general contractor’s license, whichever is greater. At such time in the future that the Okanogan County utilities department issues commercial side-sewer installer contractor’s permits, the contractor shall possess such a permit.

B. Prior to work in any public right-of-way in the city or on any public sewer, the contractor shall also procure and provide to the city a blanket bond in the sum of $2,500 minimum and shall provide a certificate of insurance in a form satisfactory to the city in the amount specified in subsection (A) of this section. Such bond and insurance certificate shall certify that they will not be canceled without at least 10 days’ advance notice to the city. The insurance policy shall name the city as an additional insured. Other or greater insurance or bond requirements may be imposed for specific work in a public right-of-way or on a public sewer. See TMC 12.28.080(A).

C. Contractors performing sewer work in the city shall hold the city harmless and defend the said city from any and all claims arising against the city as a result of the side-sewer contractor’s work within the city pursuant to this chapter under the terms of a hold harmless agreement in form provided by the clerk-treasurer. (Ord. 527, Art. IV, § 7, 1997).

12.28.190 Connection and permit costs.

A. The costs and expenses incidental to the side-sewer installation and connection to the city’s wastewater facilities shall be borne by the property owner. The owner shall indemnify the city from any loss or damage that directly or indirectly may result from the installation of the side-sewer, including damage to public facilities and improvements.

B. Connection permit and inspection costs shall be as set forth in the city’s wastewater service rates and charges ordinance.

C. Facility charges for side-sewer connections shall be as set forth in the city’s wastewater service rates and charges ordinance. (Ord. 527, Art. IV, § 8, 1997).

12.28.200 Separate connections required.

A separate and independent side-sewer shall be provided for every building, except when one building stands at the rear of another on an interior lot and no private sewer is available or can be constructed to the rear building through an adjoining alley, courtyard, or driveway. In such cases, the side-sewer serving the front building may be extended to the rear building and the whole considered as one side-sewer; however, for purposes of sewer service rates and charges, including facility charge, each building shall be considered a separate customer. The city assumes no obligation or responsibility for damage caused by or resulting from any single building sewer that serves two buildings, or for its adequacy. (Ord. 527, Art. IV, § 9, 1997).

12.28.210 Side-sewer ownership, operation and maintenance.

The owner of the property served shall be responsible for the installation, operation, maintenance, repair, connection to the main and replacement thereof any side-sewer facility (including pumps, pipe and other appurtenances) located on such property, private sewer easement held by the owner, on the public right-of-way, or public sewer easement held by the city. (Ord. 755 § 1, 2015; Ord. 527, Art. IV, § 10, 1997).

12.28.220 Existing side-sewers.

Existing side-sewers may be used for connection to new buildings only when they are found, after examination and test by the superintendent, to meet the requirements of this chapter. (Ord. 527, Art. IV, § 11, 1997).

12.28.230 Side-sewer design.

The size, slope, alignment, construction materials, trench excavation and backfill methods, pipe placement, jointing and testing methods used in the construction and installation of a side-sewer shall conform to the building and plumbing codes and these requirements of the city. In the absence of code provisions or in amplification thereof, the materials and procedures set forth in appropriate specifications of the ASTM and Water Environment Federation (formerly WPCF) shall apply. In case of a conflict, city requirements shall supersede other codes and specifications. (Ord. 527, Art. IV, § 12, 1997).

12.28.240 Demolished or removed buildings.

The property owner or his contractor engaged in demolishing or removing any structure connected to the public sewer system shall obtain a permit and notify the city of such work and shall expose and plug the side-sewer connection of each structure in accordance with the requirements of the city and this chapter. A city inspector must observe such plugging. (Ord. 527, Art. IV, § 13, 1997).

12.28.250 Easements.

When two or more structures on separate parcels are approved by the city to be connected to a single side-sewer, easements running with the land must be executed and recorded with Okanogan County. The easements shall be approved as to form by the city and shall provide that all properties involved shall have use of the side-sewer and shall contain provisions for joint responsibility for costs of maintenance, repair and access, and shall contain a hold harmless clause for the city, and shall be signed by the owners of the properties subject to the easement. This same easement requirement shall apply to separate parcels connecting to separate stubs but utilizing a common trench. The requirements of this section must be met prior to issuance of a connection permit. (Ord. 527, Art. IV, § 14, 1997).

12.28.260 Side-sewer elevation.

The side-sewer shall be brought to the building at an elevation below the lowest drain. In buildings in which any building drain is too low to permit gravity flow to the city’s wastewater sewer, wastewater carried by such building drain shall be lifted by an approved means and discharged to a side-sewer draining by gravity to the city sewer, except discharge of a pressure side sewer directly into a city sewer main may be allowed if specifically approved in the connection permit. (Ord. 527, Art. IV, § 15, 1997).

12.28.270 Surface runoff and groundwater drains.

A. No person shall connect roof, foundation, areaway, parking lot, roadway, or other surface runoff or groundwater drains to any city or county sewer unless such connection is authorized in writing by the superintendent.

B. Roof, foundation, areaway, parking lot, roadway, or other surface runoff or groundwater drains shall discharge to natural outlets or storm sewers. (Ord. 527, Art. IV, § 16, 1997).

12.28.280 Inspections.

A. Two working days’ notice is required for scheduling inspections of side-sewer installations, extension, repairs, main line taps or capping pipes of demolished or removed buildings. At the scheduled time for the side-sewer inspection, the contractor or homeowner performing the work will be expected to have the work complete and ready for inspection. If after scheduling an inspection, the contractor or homeowner performing the work discovers that the job will not be complete and ready for inspection at the scheduled time, he shall call the city a minimum of one hour prior to the scheduled inspection time to reschedule. Failure to do so will result in an automatic call-back fee, as specified in the city’s wastewater service rates and charges ordinance. If a contractor or homeowner performing the work needs a partial inspection, he must inform the city of such when he calls to schedule. All re-inspections and/or call-back inspections to complete partial inspections will be charged a call-back fee and must be scheduled. If for any reason the job is not complete and ready or cannot be complete and ready for inspection during the scheduled allotted time for that inspection, and if the inspector cannot remain at the job site longer than the allotted time, a call-back fee will be charged. The city reserves the right to set the time for inspections when conflicts arise. The contractor or his representative or the homeowner performing the work must be on the job site at the time of inspection.

B. Inspections will be made only during normal work days between 8:00 a.m. and 3:00 p.m. (Ord. 527, Art. IV, § 17, 1997).

12.28.290 Notice of defects.

If the inspector finds the work or material used is not in accordance with city requirements, he shall notify the person doing the work and also the owner of the premises by posting written notice upon the premises, and such posted notice shall be all the notice that is required to be given of the defects in the work or material found in such inspection and a copy of such notice shall be kept on file in the clerk-treasurer’s office. If such defects are not corrected within 30 days of such posted notice, the superintendent, if in his opinion such defective work is detrimental to the public sewerage system, may order or cause the said defects to be corrected and the actual cost of such correction shall be chargeable to the owner and shall be a lien upon the property served by such side-sewer. (Ord. 527, Art. IV, § 18, 1997).

12.28.300 Inspection before trenches are filled.

No trench shall be filled nor any side-sewer covered until the work from the place where the same connects with the public sewer or other outlet, to the point where it connects with the iron pipe or other plumbing of the building or premises to be connected, shall have been tested, inspected and approved by or under the direction of the superintendent and until the same shall have been made in all respects to conform to the provisions of this chapter and regulations pursuant thereto. (Ord. 527, Art. IV, § 19, 1997).

12.28.310 Testing.

A. Gravity side-sewers shall be tested for visible leakage before backfilling by inserting a removal test plug at the lower end of the line and filling the line with water to its highest point (usually the cleanout closest to the building). The contractor shall make this test before calling for inspection so that the inspector can observe and approve the installation on one visit. A tee or wye shall be installed in the sewer for insertion of the plug and shall be capped tightly and securely against back pressure upon completion of the test. The tee or wye shall be installed at the connection point closest to the public sewer. The inspector shall observe the water level in the cleanout for a maximum of 15 minutes. The side-sewer shall be considered to have passed the test only if there is no visible drop in the water level in 15 minutes. The superintendent may require air testing under certain circumstances.

B. Pressure side-sewers shall be air tested in accordance with the APWA-WADOT Standard Specifications for Road, Bridge and Municipal Construction (Washington), most recent edition. (Ord. 527, Art. IV, § 20, 1997).

12.28.320 Excavation to be guarded.

All excavations for purpose of sewer installations made by any person within the limits of any street, alley, public easement or other public place shall be protected and guarded by fencing or covering, both by night and by day, and by the display of proper signals and lights. If the superintendent deems any such guards, fencing, or covering inadequate, the person making such excavation shall place necessary or additional guards, fencing or covering as the superintendent may direct. In any case, such person shall be liable to persons and for damage to property and shall indemnify and hold the city harmless for same.

Persons conducting any part or all of the operations connected with the work as set forth above will be held responsible for any failure to respect, adhere to and comply with all ordinances, resolutions and laws governing, controlling, or limiting in any way the action of those engaged upon the work. (Ord. 527, Art. IV, § 21, 1997).

12.28.330 Safety.

The contractor or homeowner performing the side-sewer work shall comply with all applicable requirements of local, state or federal agencies relating to safety of excavations, the work site and the affected area, and shall be solely responsible for site safety, including safety of adjacent vehicular and pedestrian traffic. The city will not inspect nor determine the adequacy of excavation or site safety, nor will the city be responsible for enforcement of state or federal safety regulations applicable to the contractor’s or property owner’s work conditions. (Ord. 527, Art. IV, § 22, 1997).

12.28.340 Restoration.

A. The contractor or homeowner performing the side-sewer work shall remove all debris and excess excavation material and shall promptly repair all damage on public rights-of-way and thoroughfares as required by the city.

B. All work within the limits of any street or public place must be prosecuted to completion with due diligence and if any excavation is left open beyond a reasonable time, in the opinion of the superintendent, the superintendent may cause the same to be rebuilt and the street to be restored forthwith and any costs incurred in such work shall be charged to the contractor in charge of such work and to the owner of the property and the actual costs shall be due when billed and shall be a lien upon the property served by such side-sewer. (Ord. 527, Art. IV, § 23, 1997).

12.28.350 Other utilities.

The contractor or homeowner performing the excavation, installation, extension or repair of any side-sewer shall be responsible for contacting all utilities prior to commencement of such work for location of utilities that may be affected by the planned side-sewer work. Such notice shall be in compliance with state law. (Ord. 527, Art. IV, § 24, 1997).

12.28.360 Side-sewer and connection specifications.

A. Minimum Pipe Size. All gravity side-sewers serving a single residential or duplex structure shall be a minimum of four inches in diameter. All other gravity side-sewers shall be a minimum of six inches in diameter or as required by the superintendent. Pressure side-sewers shall be a minimum two-inch diameter for injector or effluent pumps, or one and one-quarter-inch diameter for grinder pumps. “Diameter” shall mean “inside diameter.”

B. Pipe Material. All new gravity side-sewers shall be polyvinyl chloride (PVC) pipe ASTM D-3034 SDR 35 or ASTM F-789, with factory-made flexible gaskets designed specifically for the pipe used. Gaskets shall conform to ASTM D-3212. Pipe joint lubricant shall be used at all joints. Solvent weld joints shall be allowed only as specified in subsection (C) of this section. Pressure side-sewer pipe shall be PVC ASTM D-1785, Schedule 40 minimum.

C. Solvent Weld Pipe Joints. Shall only be allowed on pressure side-sewers, on the vertical portions of gravity side-sewer cleanouts, on gravity side-sewers bored without a casing pipe, at building connections when connecting to ABS or PVC pipe where in the judgment of the superintendent the use of gasketed fittings is impractical or impossible, and at complicated fittings where in the judgment of the superintendent the use of gasketed fittings is impractical or impossible. When allowed, PVC solvent weld joints shall be installed only with a glue and primer approved by the city. All cements shall be used per manufacturer’s instructions and the proper ASTM standard.

D. PVC Tap Saddle Tees and Wyes. Shall be factory-molded saddles with gasketed skirt and gasketed branch (bell end) and two series 300 stainless steel straps for securing molded saddle to PVC pipe being tapped, as manufactured by G.P.K. Products Inc., Multi Fittings Inc., J-M Pipe Manufacturing, Western Pipe Prod., or Romac Style “CB” Sewer Saddle.

E. Minimum Pipe Grade. All four-inch and six-inch gravity side-sewers shall be laid at a minimum grade of one-fourth inch per foot (two percent), except that a minimum one-eighth inch per foot (one percent) grade may be used only if necessary to provide gravity service, and only if the grade is determined at each pipe with a surveyor’s level or transit. Eight inches and larger diameter side-sewers shall be installed at the grade(s) shown on the plans and specifications approved by the superintendent.

F. Pipe Location and Cover. Side-sewers shall not be less than 30 inches from any building. Gravity side-sewer pipe shall not be less than six feet below road grade at the curb or edge of pavement, 36 inches at the property line, and have at least 24 inches cover inside the property line. Pressure side-sewer pipe shall have at least 54 inches cover throughout its length.

G. Pipe Bedding and Backfilling. All side-sewer pipe shall be installed with imported sand, pea gravel or imported three-fourth-inch minus material compacted under, around and above the pipe. Minimum compacted depth of bedding material under the pipe shall be two inches for four-inch-diameter pipe and four inches for larger pipe.

H. Additional Specifications and Details. All side-sewers and connections shall be installed in conformance with additional and/or more detailed specifications, requirements, and regulations adopted by the city.

I. Testing and Inspection. Shall be as specified elsewhere in this article.

J. Cleanouts. A cleanout is required within 36 inches of the building or at the point of connection of the side-sewer to the building drain. Cleanouts shall be installed at each total change of 90 degrees in horizontal direction. Ninety-degree bends shall be made with a combination of 45 degree or less degree elbows. In no case shall the spacing of cleanouts exceed 100 feet. Where cleanouts are installed in asphalt or concrete paved areas, they shall be installed with a cast iron ring and cover. (Ord. 527, Art. IV, § 25, 1997).

Article V. Conditions of Wastewater Service

12.28.370 Special uses of wastewater sewers.

All uncontaminated discharges of storm water, surface water, groundwater, roof runoff, subsurface drainage, or other waters not required to be treated in the treatment facility shall be made to storm sewers or natural outlets designed for such discharges. Any connection, drain, or arrangement that will permit such waters to enter the public sanitary sewer shall be deemed to be in violation of this section and this chapter. (Ord. 527, Art. V, § 1, 1997).

12.28.380 Restricted discharges.

No person shall discharge or cause to be discharged to any of the city or county wastewater facilities any substances, materials, waters, or wastes in quantities or concentrations that will:

A. Create a fire or explosion hazard including, but not limited to, gasoline, benzene, naphtha, fuel oil, or other flammable or explosive liquid, solid, or gas;

B. Cause corrosive damage or hazard to structures, equipment, or personnel of the wastewater facilities, and in no case will discharges be allowed with a pH lower than 5.5 or higher than 9.0;

C. Cause obstruction to the flow in sewers, or other interference with the operation of wastewater facilities due to accumulation of solid or viscous materials;

D. Constitute a rate of discharge of substantial deviation from normal rates of discharge (“slug discharge”) sufficient to cause interference in the operation and performance of the wastewater facilities;

E. Contain heat in amounts that will accelerate the biodegradation of wastes, causing excessive amounts of hydrogen sulfide to form in the wastewater sewer, or inhibit biological activity in the wastewater treatment facilities, and in no case shall the discharge be of a temperature greater than 140 degrees Fahrenheit;

F. Contain more than 100 milligrams per liter of nonbiodegradable oils of mineral or petroleum origin;

G. Contain floatable oils, fat, or grease;

H. Contain noxious, malodorous gas or substance in quantities that create a public nuisance or a hazard to life;

I. Contain radioactive wastes in harmful quantities as defined by applicable state and federal guidelines;

J. Contain any garbage that has not been properly shredded;

K. Contain any odor-producing or color-producing substances exceeding concentration limits that may be established by the city;

L. Contain a toxic or poisonous substance in sufficient quantity to injure or interfere with the sewage treatment processes, constitute a hazard to humans or animals, or create any hazard in the receiving waters of the sewage treatment plant or at pumping stations;

M. Contain suspended solids of such character and quantity that unusual attention or expense is required to handle such materials at the sewage plant or at pumping stations;

N. Damage county or city sewer facilities or cause disruption of treatment processes or operations, harmful degradation of sludge quality, or city or customer discharge permit violations. (Ord. 527, Art. V, § 2, 1997).

12.28.390 Costs of damage.

If the drainage or discharge from any customer causes a deposit, obstruction or damage to any of the city’s or county’s wastewater facilities, the superintendent shall cause the deposit or obstruction to be promptly removed or cause the damage to be promptly repaired. The cost for such work, including materials, labor, and supervision, shall be borne by the person causing such deposit, obstruction, or damage, and may be collected and enforced as provided in Article VI of this chapter. This section shall not in any way restrict or limit other remedies available to the city. (Ord. 527, Art. V, § 3, 1997).

12.28.400 Dangerous discharge notification requirements.

A. Telephone Notification. Any person causing or suffering any discharge, whether accidental or not, that presents or may present an imminent or substantial endangerment to the health and welfare of persons, to the environment, or that is likely to cause interference with the sewer system or treatment process, shall notify the superintendent or clerk-treasurer immediately upon knowledge of such occurrence, by telephone.

B. Written Report. Within five days following such occurrence, the customer shall provide the superintendent with a detailed written report describing the cause of the dangerous discharge and measures to be taken by the user to prevent similar future occurrences. Such notification shall not relieve the customer or property owner of any expense, loss, damage, or other liability that may be incurred as a result of damage to the public wastewater system, or any other damage to person or property; nor shall such notification relieve the user of any fines, civil penalties, or other liability that may be imposed by this article or other applicable law.

C. Notice to Employees. A notice shall be permanently posted on the user’s bulletin board or other prominent place advising employees whom to call in the event of a dangerous discharge. Employers shall ensure that all employees who may cause or suffer such a dangerous discharge to occur are advised of the emergency notification procedure. (Ord. 527, Art. V, § 4, 1997).

12.28.410 Federal categorical pretreatment standards.

No person shall discharge or cause to be discharged to any wastewater facilities wastewaters containing substances in excess of the quantity prescribed by the applicable federal categorical pretreatment standard promulgated by EPA, or prescribed by the county or city pretreatment ordinances. (Ord. 527, Art. V, § 5, 1997).

12.28.420 Wastewaters with special characteristics.

A. The superintendent should initially rely on the federal categorical pretreatment standards and city and county requirements to protect wastewater facilities or receiving waters; however, if any wastewater that contains substances or characteristics shown to have a deleterious effect on the wastewater facilities, processes, equipment, or receiving waters, or that constitutes a public nuisance or hazard, is discharged or proposed for discharge to the wastewater sewers, the city may:

1. Prohibit such wastewater discharge to the city or county system;

2. Require pretreatment to a condition acceptable for discharge to the wastewater sewers;

3. Require control over the quantities and rates of discharges;

4. Require payment to cover added cost of testing, monitoring, handling and/or treating the wastewaters not covered by existing fees and charges;

5. Require the development of compliance schedules to meet any applicable treatment requirements;

6. Require the submission of reports necessary to ensure compliance with applicable pretreatment requirements;

7. Carry out all inspections, surveillance, and monitoring necessary to determine compliance with applicable pretreatment requirements;

8. Obtain remedies for noncompliance by any user. Such remedies may include injunctive relief, the civil penalties specified in this chapter, or appropriate criminal penalties;

9. Reject the wastewater if scientific evidence indicates the discharge will create unreasonable hazards or have unreasonable deleterious effects on the wastewater facilities; or

10. Take any other action deemed necessary by the city.

B. Where pretreatment or flow-equalizing facilities are provided or required for any wastewater, they shall be maintained continuously in satisfactory and effective operation at the owner’s expense. (Ord. 527, Art. V, § 6, 1997).

12.28.430 Special agreements.

Nothing in this article shall be construed as preventing any special agreement or arrangement between the city and any user of the wastewater facilities, whereby wastewater of unusual strength or character is accepted into the system and specially treated subject to any applicable payments or user charges. (Ord. 527, Art. V, § 7, 1997).

12.28.440 Classification of customers.

The city reserves the right to determine the type of customer receiving sanitary sewer service and to classify the type of customer within the service categories. Classification of customers, if any, shall be as set forth in the city’s wastewater service rates and charges ordinance. In the event there arises a dispute relative to the type of customer receiving sewer service and thus applicable sewer service rate, the city’s determination as to the type of customer shall be binding upon the customer receiving sanitary sewer service in the absence of manifest error; however, a customer disputing the classification shall have the right to appeal the determination of the city, and, after a hearing on the matter before the city council, the determination of the city shall be likewise binding on the customer in the absence of manifest error. (Ord. 527, Art. V, § 8, 1997).

Article VI. Enforcement

12.28.450 Right of access and inspection.

A. Duly authorized representatives of the city or county may inspect the property or facilities of any customer (including facilities under construction) to ascertain compliance with these regulations. Owners or occupants of premises where storm water or wastewater is either generated or discharged shall allow ready access to properly identified representatives at all reasonable times during normal business hours and at other times when the city or county reasonably suspects that a violation of these regulations may be occurring. Representatives shall be admitted to such parts of the premises as they deem necessary to inspect, observe, measure, sample, and test:

1. Internal plumbing;

2. Pretreatment facilities;

3. Internal discharge points or connections; exterior connections; side-sewers;

4. Exterior connections; side-sewers;

5. Building sewers or building storm drains;

6. Oil traps and grease traps;

7. Any other facilities required by the city to be constructed, installed, or used;

8. Measurement, sampling, and testing facilities and procedures that have been required by the city; and

9. Such other facilities that the city or county reasonably believes may be contributing to a violation of these regulations.

The city may require payment by the discharger, property owner or customer to recover the added costs of inspection, testing or monitoring not covered by existing fees and charges. The city, alone or in conjunction with other authorities, may conduct routine, periodic inspections of certain types of facilities. Restaurants, other food handling establishments, gas stations, and other entities that deal with petroleum products are the most likely subjects of an inspection. Other industrial users also may be so inspected as the city or county deems appropriate.

B. The superintendent shall be permitted to enter all private property through which the city holds an easement for the purposes of inspection, observation, measurement, sampling, repair, replacement and maintenance of any of the city’s wastewater facilities within the easement. All entry and any subsequent work on the easement shall be done in full accordance with the terms of the easement pertaining to the private property involved.

C. When an owner or user, after receiving reasonable notice from the city, refuses to permit city or county personnel to enter or have access to premises or facilities in accordance with this chapter, the city may give written notice of its intent to terminate water service to such user, and terminate water service 10 days thereafter.

D. The city and/or county representatives shall perform a governmental function for the benefit of the general public. The city shall not be liable for any loss or damage as a result of the performance of such governmental function. (Ord. 527, Art. VI, § 1, 1997).

12.28.460 Violations, reimbursement of city costs.

Failure to comply with any portion of this chapter, or with any permit or order issued thereunder, shall be sufficient cause for the city to levy on and collect from each violator and/or property owner any additional cost for expense, loss, or damage occasioned by such violation. Each day or portion thereof during which a violation continues shall constitute a separate violation. The property owner and/or violator shall indemnify the city from all injury or damage resulting from a violation of this chapter. (Ord. 527, Art. VI, § 2, 1997).

12.28.470 Enforcement actions.

A. When the city determines that a violation of this chapter or any permit, or any damage to the county or city system is threatened or has occurred, one or more of the following actions may be taken:

1. The city may issue an order to cease and desist any such violation and may direct the violator(s) as follows:

a. To comply either forthwith or in accordance with a time schedule set forth by the city; or

b. To take appropriate remedial preventive action in the event of a threatened violation.

2. The city may require the violator and/or property owner in question to submit a detailed time schedule setting forth the specific proposed actions to prevent or correct a violation. The city may issue an implementation schedule to the user containing or modifying such specific actions and time schedule or requiring other actions within such time as the city deems appropriate.

3. The city may issue an order directing the user to pay to the city penalties and costs in accordance with TMC 12.28.460.

4. The city may take direct enforcement action by filing suit in any court of competent jurisdiction pursuant to general laws or any other applicable statute or regulation.

5. The city may give written notice of intent to discontinue water service, and may discontinue water service thereafter.

6. The penalties, charges, rates, fees or costs assessed by the city hereunder shall be a charge and lien upon the property in question and the city may enforce and foreclose said lien by filing notice thereof with the Okanogan County auditor and filing suit and executing on the foreclosure judgment.

7. All reasonable costs and attorneys’ fees incurred by the city in enforcing this chapter or collecting any penalties, charges, rates, fees and costs shall be paid by the violator or property owner in addition to the penalty, charges, rates, costs or fees and shall be added to the amount of any lien and foreclosure action.

8. Any other lawful remedy available to the city. (Ord. 527, Art. VI, § 3, 1997).