Chapter 13.03 SEWER UTILITY – REGULATIONS AND RATES

Unless the context specifically indicates otherwise, terms and phrases set out in Sections 13.03.030 through 13.03.590, when used in the ordinance codified in this chapter, shall have the meanings hereinafter set forth in this chapter, whether appearing in capital or lower case form. (Ord. 2020-18 § 1, 2020; Ord. A-3386 § 1(part), 1985).

13.03.030 Act or “the Act.”

“Act” or “the Act” means the Federal Water Pollution Control Act, also known as the Clean Water Act, as amended, 33 U.S.C. 1251, et seq. (Ord. 2020-18 § 1, 2020; Ord. A-3386 § 1(part), 1985).

13.03.040 BOD (biochemical oxygen demand).

“BOD” means the quantity of oxygen utilized in the biochemical oxidation of organic matter under a standard laboratory procedure in five days at a temperature of twenty degrees Centigrade, expressed in milligrams per liter, or parts per million by weight. Laboratory determinations shall be made in accordance with procedures set forth in Standard Methods. (Ord. 2020-18 § 1, 2020; Ord. A-3386 § 1(part), 1985).

13.03.050 Building drain.

“Building drain” means that part of the lowest horizontal piping of a building drainage system which receives the discharge from soil, waste, and other drainage pipes within or adjoining the building or structure and conveys the same to the building sewer which begins at a point two feet outside the established line of the building or structure including any structural projection except eaves. (Ord. 2020-18 § 1, 2020; Ord. A-3386 § 1(part), 1985).

13.03.060 Building official.

The “building official” is defined in the State Building Code adopted by reference in Title 15. (Ord. 2020-18 § 1, 2020; Ord. A-3386 § 1(part), 1985).

13.03.070 Building sewer.

See “Side sewer.” (Ord. 2020-18 § 1, 2020; Ord. A-3386 § 1(part), 1985).

13.03.080 City.

“City” means the city of Walla Walla or its duly authorized representative. (Ord. 2020-18 § 1, 2020; Ord. A-3386 § 1(part), 1985).

13.03.090 City engineer.

“City engineer” means the public works director of the city of Walla Walla, or his/her duly authorized representative, who shall perform such duties to be determined by the city manager in consultation with the director of public works. (Ord. 2021-39 § 2, 2021; Ord. 2020-18 § 1, 2020; Ord. A-3386 § 1(part), 1985).

13.03.100 Combined sewer.

“Combined sewer” means a sewer which carries both sewage and storm, surface, ground and other unpolluted waters. (Ord. 2020-18 § 1, 2020; Ord. A-3386 § 1(part), 1985).

13.03.110 Compatible pollutant.

“Compatible pollutant” means biochemical oxygen demand, suspended solids, pH, and fecal coliform bacteria, plus additional pollutants which the publicly owned treatment works (POTW) is designed to treat. (Ord. 2020-18 § 1, 2020; Ord. A-3386 § 1(part), 1985).

13.03.120 Cooling water.

“Cooling water” means the water discharged from any use such as air conditioning, cooling or refrigeration, or to which the only pollutant added is heat. (Ord. 2020-18 § 1, 2020; Ord. A-3386 § 1(part), 1985).

13.03.130 DOE.

“DOE” means the Department of Ecology, which is an agency of the state of Washington which prescribes state standards and requirements relating to the treatment and disposal of wastewater. (Ord. 2020-18 § 1, 2020; Ord. A-3386 § 1(part), 1985).

13.03.140 Garbage.

“Garbage” means all putrescible material, including animal and vegetable wastes resulting from the handling, preparation, cooking and consumption of food; swill and carcasses of dead animals. “Garbage” does not include sewage, sewage sludge and human body wastes or agricultural waste. (Ord. 2020-18 § 1, 2020; Ord. A-3386 § 1(part), 1985).

13.03.150 Health officer.

The “health officer” is the Walla Walla county health department health officer or a representative authorized by and under the direct supervision of the health officer. (Ord. 2020-18 § 1, 2020; Ord. A-3386 § 1(part), 1985).

13.03.160 Holding tank waste.

“Holding tank waste” means any waste which has been stored in holding tanks, chemical toilets, campers, trailers, septic tanks, and vacuum-pump tank trucks. (Ord. 2020-18 § 1, 2020; Ord. A-3386 § 1(part), 1985).

13.03.170 Industrial process.

“Industrial process” means operations of human or mechanical facilities, engaged in manufacturing or processing articles of trade or commerce. (Ord. 2020-18 § 1, 2020; Ord. A-3386 § 1(part), 1985).

13.03.180 Industrial waste.

“Industrial waste” means the liquid wastes from industrial processes as distinct from sanitary sewage. (Ord. 2020-18 § 1, 2020; Ord. A-3386 § 1(part), 1985).

13.03.190 Lateral or lateral sewer.

“Lateral” or “lateral sewer” means a sewer to which service connections or private sewers may be connected, from adjacent or vicinal properties. The service area for a lateral is determined by the city engineer, based on ordinarily accepted engineering practices and subject to city municipal practice. (Ord. 2020-18 § 1, 2020; Ord. A-3386 § 1(part), 1985).

13.03.200 National Categorical Pretreatment Standard or pretreatment standard.

“National Categorical Pretreatment Standard” or “pretreatment standard” means any regulation containing pollutant discharge limits promulgated by the EPA in accordance with Sections 307(b) and (c) of the Act (33 U.S.C. 1347) which applies to a specific category of industrial users. (Ord. 2020-18 § 1, 2020; Ord. A-3386 § 1(part), 1985).

13.03.210 National Prohibitive Discharge Standard or prohibitive discharge standard.

“National Prohibitive Discharge Standard” or “prohibitive discharge standard” means any regulation developed under the authority of Section 307(b) of the Act and 40 CFR Section 403.5. (Ord. 2020-18 § 1, 2020; Ord. A-3386 § 1(part), 1985).

13.03.220 Natural outlet.

“Natural outlet” means any outlet into a watercourse, pond, ditch, lake or other body or surface or ground water. It does not include connections to the city system of sewerage or authorized on-site sewage or stormwater disposal systems or other authorized sewage disposal mechanisms or systems. (Ord. 2020-18 § 1, 2020; Ord. A-3386 § 1(part), 1985).

13.03.230 NPDES.

“National Pollutant Discharge Elimination System” is a permit issued by the Washington State Department of Ecology (DOE) which prescribes operating and effluent limitations relating to the treatment of sewage. (Ord. 2020-18 § 1, 2020; Ord. A-3386 § 1(part), 1985).

13.03.240 On-site sewage disposal system.

“On-site sewage disposal system” means any system or combination of piping, treatment or other facilities that store, treat and/or dispose of sewage and effluent on the property where it originates or an adjacent or nearby property under the ownership of the user of the system or in which the user has a recorded interest for the purpose of maintaining the system on such other property. In general, these include septic tanks and drain fields. (Ord. 2020-18 § 1, 2020; Ord. 2000-9 § 2, 2000: Ord. A-3386 § 1(part), 1985).

13.03.250 Person.

“Person” means any individual, firm, company, association, society, corporation, or group. (Ord. 2020-18 § 1, 2020; Ord. A-3386 § 1(part), 1985).

13.03.260 pH.

“pH” means the common logarithm of the reciprocal of the hydrogen ion concentration. pH shall be determined by one of the procedures outlined in Standard Methods. (pH is a measure of acidity or alkalinity.) (Ord. 2020-18 § 1, 2020; Ord. A-3386 § 1(part), 1985).

13.03.270 Plumbing code.

“Plumbing code” means the Uniform Plumbing Code adopted by the city under Title 15. Sewer regulations herein shall be in addition to plumbing code regulations. (Ord. 2020-18 § 1, 2020; Ord. A-3386 § 1(part), 1985).

13.03.280 Private pump station.

“Private pump station” means an appurtenance of a side sewer, private sewer or on-site sewage disposal system which, alone or in conjunction with the side sewer or private sewer, conveys standard sewage or effluent by lifting or pumping to another sewer. (Ord. 2020-18 § 1, 2020; Ord. A-3386 § 1(part), 1985).

13.03.290 Private sewer.

“Private sewer” means a sewer on private property, not maintained by a public authority, serving two or more buildings, residences or properties, and constructed by private contract. In general, a private sewer differs from a side sewer in that it serves more than one building or structure. (Ord. 2020-18 § 1, 2020; Ord. 2000-9 § 3, 2000: Ord. A-3386 § 1(part), 1985).

13.03.300 Private storm sewer.

“Private storm sewer” means a private sewer which is also a storm sewer. (Ord. 2020-18 § 1, 2020; Ord. A-3386 § 1(part), 1985).

13.03.310 Properly shredded garbage.

“Properly shredded garbage” means the wastes from the preparation, cooking, and dispensing of food that has been reduced in size to such degree that all particles will be carried freely under the flow conditions existing in the sewage facility furnished. (Ord. 2020-18 § 1, 2020; Ord. A-3386 § 1(part), 1985).

13.03.320 Public sewer.

“Public sewer” means a sewer which is controlled and maintained by a public authority. (Ord. 2020-18 § 1, 2020; Ord. A-3386 § 1(part), 1985).

13.03.330 Sanitary sewage.

“Sanitary sewage” means water-carried human wastes that are derived principally from residences, business buildings, institutions and the like, exclusive of storm, surface, and unpolluted water. (Ord. 2020-18 § 1, 2020; Ord. A-3386 § 1(part), 1985).

13.03.340 Sanitary sewer.

“Sanitary sewer” means a sewer which conveys sanitary sewage. (Ord. 2020-18 § 1, 2020; Ord. A-3386 § 1(part), 1985).

13.03.350 Septage.

“Septage” means a slurry of undigested sludges, scum and liquid periodically removed from domestic septic tanks for disposal. Such pumpings are highly toxic, dangerous to public health, and require additional treatment before disposal. (Ord. 2020-18 § 1, 2020; Ord. A-3386 § 1(part), 1985).

13.03.360 Service charge.

“Service charge” means the charge levied on each class of public sewer system for operation, maintenance, and other purposes as established by the city council. (Ord. 2020-18 § 1, 2020; Ord. A-3386 § 1(part), 1985).

13.03.370 Sewage.

“Sewage” means a combination of the water-carried wastes from residences, business buildings, institutions and industrial establishments. “Sewage” may also include surface waters and stormwaters. (Ord. 2020-18 § 1, 2020; Ord. 2000-9 § 4, 2000: Ord. A-3386 § 1(part), 1985).

13.03.380 Sewage works.

“Sewage works” means all facilities to treat, reclaim, and/or dispose of sewage. They do not include on-site sewage disposal systems. (Ord. 2020-18 § 1, 2020; Ord. A-3386 § 1(part), 1985).

13.03.390 Sewer.

“Sewer” means a pipe, conduit, or structure and appurtenances for conveying sewage. (Ord. 2020-18 § 1, 2020; Ord. A-3386 § 1(part), 1985).

13.03.400 Sewer service rates – Commercial.

“Commercial” for sewer service charges shall mean any building or group of buildings where a business or a combined residence and business is practiced, or where such business is advertised by a sign of any type on the premises and/or listed in the telephone directory as the location of a business shall be classified as commercial. (Ord. 2020-18 § 1, 2020; Ord. 2006-05 § 12, 2006: Ord. 93-A-7 § 1: Ord. A-3637 § 1, 1990: Ord. A-3386 § 1(part), 1985).

13.03.405 Sewer service rates – Industrial.

“Industrial” for sewer service charges shall mean sewage effluent from industrial uses as defined in Section 13.03.170, as distinctly separate from industrial process waste as defined herein, which requires individual rates for each use in accordance with an agreement for such treatment. (Ord. 2020-18 § 1, 2020; Ord. A-3637 § 2, 1990).

13.03.410 Sewer service rates, multiple dwelling.

“Multiple dwelling” for sewer service charges means multiple dwellings as defined in Title 20. Charges shall apply to a complex served by one water meter, in accordance with the city’s rate ordinance(s). (Ord. 2021-39 § 3, 2021; Ord. 2020-18 § 1, 2020; Ord. A-3386 § 1(part), 1985).

13.03.420 Sewer service rates, public.

Public sewer service charges shall apply to all city, county, state and federal offices and their subagencies, and all other publicly owned connections, with the exception of the city of Walla Walla municipal corporation and its departments. (Ord. 2020-18 § 1, 2020; Ord. 99-37 § 1, 1999: Ord. A-3386 § 1(part), 1985).

13.03.425 Sewer service rates, city of Walla Walla.

City of Walla Walla sewer service charges shall apply to the city of Walla Walla municipal corporation and its departments and operations conducted on behalf of the city on property owned by the city. (Ord. 2020-18 § 1, 2020; Ord. 2006-05 § 13, 2006: Ord. 99-37 § 2, 1999).

13.03.430 Sewer service rates, residential.

“Residential” for sewer service charges means one-family and two-family dwelling units as defined in Title 20. Charges shall apply to each dwelling unit, in accordance with the city’s rate ordinance(s). (Ord. 2021-39 § 4, 2021; Ord. 2020-18 § 1, 2020; Ord. A-3386 § 1(part), 1985).

13.03.435 Sewer service rates, high-strength.

“High-strength” for sewer service charges means any customer that has high strength sewage and uses more than one hundred twenty thousand gallons of water per year. “High-strength sewage” means wastewater that has a biochemical oxygen demand (BOD) strength greater than three hundred mg/L. The high-strength classification shall apply to qualifying customers in lieu of any classification that might otherwise apply. The high-strength classification shall apply to qualifying customers without regard to a customer’s water rate classification. Examples are wine production facilities, breweries, distilleries, juice bottlers and the Airport Industrial Park. (Ord. 2021-39 § 5, 2021)

13.03.440 Side sewer.

“Side sewer” means a sewer, not directly controlled or maintained by the city, which begins two feet outside the outer face of a structure wall or foundation conveying sewage from the building drain to a public sewer, private sewer, or on-site sewage disposal system. Side sewers are a maintenance responsibility of the property owner. (Ord. 2020-18 § 1, 2020; Ord. A-3386 § 1(part), 1985).

13.03.450 Side sewer stub.

“Side sewer stub” means that portion of a side sewer, constructed along with the public sewer, prior to direct connection to the premises to be served which is also maintained by the property owner. (Ord. 2020-18 § 1, 2020; Ord. A-3386 § 1(part), 1985).

13.03.460 Slug load.

“Slug load” means any discharge of water, sewage, or industrial waste which in concentration of any given constituent or in quantity of flow exceeds for any period longer than fifteen minutes, more than five times the average twenty-four-hour concentration or flows, during normal operation. (Ord. 2020-18 § 1, 2020; Ord. A-3386 § 1(part), 1985).

13.03.470 Special side sewer.

“Special side sewer” means a side sewer connected to a lateral or other public sewer which is outside the normal service area of said sewer, as determined by the city engineer. Unless otherwise indicated or required by the context, all side sewer requirements shall apply to special side sewers. (Ord. 2020-18 § 1, 2020; Ord. A-3386 § 1(part), 1985).

13.03.480 Standard sewage.

“Standard sewage” means sewage which complies with specifications designated by the city engineer and this code regarding chemical, physical, and organic content; including but not limited to pH, BOD, dissolved oxygen, suspended solids. (Ord. 2020-18 § 1, 2020; Ord. A-3386 § 1(part), 1985).

13.03.490 Standard methods.

“Standard methods” means the examination and analytical procedures set forth in the most recent edition of “Standard Methods for the Examination of Water and Wastewater,” published by the American Public Health Association, the American Water Works Association, and the Water Pollution Control Federation and the supplement to this document entitled Selected Analytical Methods Previewed and Cited by U.S. EPA. (Ord. 2020-18 § 1, 2020; Ord. A-3386 § 1(part), 1985).

13.03.500 Storm sewer or storm drain.

“Storm sewer” or “storm drain” means a sewer which conveys storm surface waters and unpolluted cooling or process waters, but excludes sanitary sewage and polluted industrial wastes. (Ord. 2020-18 § 1, 2020; Ord. A-3386 § 1(part), 1985).

13.03.510 Suspended solids.

“Suspended solids” means matter in water, sewage, or other liquids, which can be removed by laboratory filtering as described in the manual of “Standard Methods.” (Ord. 2020-18 § 1, 2020; Ord. A-3386 § 1(part), 1985).

13.03.520 System of sewerage.

“System of sewerage” means the system of sewers, outfalls, works, public restrooms and sanitary facilities, plants and facilities for sewage collection, treatment and disposal, or any and all such facilities of the city. (Ord. 2020-18 § 1, 2020; Ord. 2000-16 § 1, 2000: Ord. A-3386 § 1(part), 1985).

13.03.530 Total solids.

“Total solids” means all matter than can be removed by total evaporation as contained in the manual of “Standard Methods” under Total Residue. (Ord. 2020-18 § 1, 2020; Ord. A-3386 § 1(part), 1985).

13.03.540 Unpolluted water or liquids.

“Unpolluted water or liquids” means any water or liquid containing none of the following: free or emulsified grease or oil; acids or alkalis; chlorine residual; substances that may impart taste-and-odor or color characteristics; toxic or poisonous substances in suspension, colloidal state or solution; odorous or otherwise obnoxious gases. It shall meet the current state standards for water used for recreation. Analytical determinations shall be made in accordance with procedures set forth in “Standard Methods” and other approved EPA methods. (Ord. 2020-18 § 1, 2020; Ord. 2000-9 § 5, 2000: Ord. A-3386 § 1(part), 1985).

13.03.550 Wastewater superintendent.

The “wastewater superintendent,” also known as the “wastewater collections supervisor,” shall be the director of public works or his/her authorized representative who shall perform such duties to be determined by the city manager in consultation with the director of public works. (Ord. 2021-39 § 6, 2021; Ord. 2020-18 § 1, 2020; Ord. 2000-9 § 6, 2000: Ord. A-3386 § 1(part), 1985).

13.03.560 Wastewater treatment plant.

“Wastewater treatment plant” or “treatment plant” means that portion of the publicly owned treatment works (POTW) which is designed to provide treatment of municipal sewage and industrial waste. (Ord. 2021-39 § 7, 2021; Ord. 2020-18 § 1, 2020; Ord. A-3386 § 1(part), 1985).

13.03.570 Watercourse.

“Watercourse” means a natural or manmade surface or underground channel in which a flow of water occurs, either continuously or intermittently. (Ord. 2020-18 § 1, 2020; Ord. A-3386 § 1(part), 1985).

13.03.580 Definition of additional terms.

Words, terms or expressions peculiar to the art or science of sewerage not defined in this chapter shall have the respective meanings given in the glossary of “Water and Wastewater Control Engineering” published in 1981, prepared by a joint committee representing American Public Health Association, American Society of Civil Engineers, American Water Works Association, and the Water Pollution Control Federation. (Ord. 2020-18 § 1, 2020; Ord. 2000-9 § 7, 2000: Ord. A-3386 § 1(part), 1985).

13.03.590 Abbreviations.

The following abbreviations shall have the designated meanings:

BOD	– Biochemical Oxygen Demand
CFR	– Code of Federal Regulations
COD	– Chemical Oxygen Demand
DOE	– Department of Ecology
DU	– Dwelling Unit; see Section 20.06.030.D
EPA	– U.S. Environmental Protection Agency
l	– Liter
mg	– Milligrams
mg/l	– Milligrams per liter
NPDES	– National Pollutant Discharge Elimination System
POTW	– Publicly Owned Treatment Works
SIC	– Standard Industrial Classification
SWDA	– Solid Waste Disposal Act, 42 USC 6901, et seq.
UGA	– Urban Growth Area
USC	– United States Code
TSS	– Total Suspended Solids.
VOCs	– Volatile Organic Compounds

(Ord. 2020-18 § 1, 2020; Ord. A-3386 § 1(part), 1985).

Article II. Sewer Service

13.03.600 Sewer service charges – Receipts – Collection and disposition.

There are established rates to be charged all users of any element of the city sewer system to be known as “sewer service rate.” This rate and all other charges for sewer service, penalties, connection charges, and interest thereon, shall attach to and be a lien upon all property to which such service has been furnished or is available.

A. The city shall have a lien for all delinquent and unpaid rates and charges for sewer service and all other charges for sewer service, penalties, connection charges, and interest thereon, which lien shall have the superiority established by RCW 35.67.200 and shall be foreclosed in the manner provided in Chapter 35.67 RCW. This lien shall be effective for a total not to exceed one year’s delinquent service charges without necessity of any writing or recording of the lien with the county auditor.

B. Delinquent charges shall bear interest at a rate of eight percent per annum computed on a monthly basis, and should the city foreclose the lien as authorized by this chapter, the city shall be entitled to its reasonable attorney’s fees.

C. As an additional and concurrent method of enforcing its lien, the utility is authorized, in accordance with law and in the manner provided by Sections 13.04.300 and 13.04.420 and RCW 35.67.290, to shut off water service to such premises for so long as any delinquent fees or charges remain unpaid.

D. The remedies and charges imposed by this section are additional and concurrent to other remedies and charges imposed by this chapter.

E. All accounts for sewer service shall be kept in the name of the owner of the property and not in the name of the tenant, and the owner shall be held responsible for payment of all accounts. (Ord. 2022-11 § 1, 2022; Ord. 2020-18 § 1, 2020; Ord. 2016-30 § 5, 2016: Ord. 2015-30 § 1, 2015: Ord. 2006-05 § 14, 2006: Ord. 99-37 § 3, 1999: Ord. A-3386 § 1(part), 1985).

13.03.601 Service – Provided where.

A. The council will provide sanitary sewer service to all that area within the boundaries of the city where facilities are available and to such other areas as, in its sole discretion, may be in the best interest of the city to serve.

B. Property within the UGA shall annex prior to connection to the city sewer system. It must also be developed in compliance with city development standards, and its utilities must be constructed in compliance with city standards.

C. The city retains discretion, on a case-b- case basis, to review connection to single-family residences or other approved uses in the UGA in the event the property experiences a failed septic system, and connection to the city sanitary sewer system is necessary to maintain the existing use. In such cases, connection may not be made to the city’s system unless the property owner has first executed and recorded an irrevocable agreement in a form acceptable to the city consenting to annex the property to the city of Walla Walla which is binding upon successors and assigns.

D. The city shall not provide service to any property or premises that has been condemned by the city council. (Ord. 2020-18 § 1, 2020; Ord. 2015-30 § 2, 2015: Ord. 2014-25 § 7, 2014).

13.03.605 Adjustment of sewerage consumption charges for water leaks.

A. The city manager, deputy city manager, and designees of the city manager or deputy city manager may adjust consumption charges upon receipt of reliable information that the consumption charges are inaccurate as a result of water leaks which were unknown to the customer and not caused by the fault of the customer. Adjustments may be made only after the customer provides satisfactory proof that the leaks have been repaired.

B. Adjustments may be made no more than once in a twelve-month period except in special circumstances.

C. Equitable adjustments may be made. Regular monthly minimum charges shall apply. Consumption charges may be adjusted by reference to historic usage and other factors which reasonably bear upon actual use. (Ord. 2020-18 § 1, 2020; Ord. 2012-04 § 4, 2012).

13.03.610 Monthly sewer service charges.

A monthly sewer service charge shall apply to all users of the city sewer system. Customers are classified as provided in Sections 13.03.400, 13.03.405, 13.03.410, 13.03.420, 13.03.425, 13.03.430, and 13.03.435 as either commercial, industrial, multiple-dwelling, public, residential, city of Walla Walla, or high-strength. The amount of each charge is established by rate ordinance(s) and shall be applied as follows:

A. There shall be a minimum monthly charge (i.e., base charge) for each class of customers which is imposed upon all consumers connected to the city sewer system. A separate base charge shall apply to customers in the multiple-dwelling and residential rate classifications for each dwelling unit at a location.

B. In addition to the monthly minimum charge, there shall be a consumption charge for commercial, industrial, public, city of Walla Walla and high-strength customers based upon the amount of monthly metered water consumption over a threshold amount established by rate ordinance(s).

C. Customers in the commercial rate classification which have and maintain a lawn and/or parking strip in front of their property, or who have nonconserving air conditioning units using city water which is not discharged into the city sewer system, directly or indirectly, at any point in the city sewer system, except those users who do not have sewer facilities, shall pay a monthly sewer service charge for the months of April, May, June, July, August, and September not greater than the charge produced by applying the rates to the average monthly consumption of water during the preceding months of December, January, and February. During October, November, December, January, February, and March, the users classified in this subsection shall pay the rates provided in the rate ordinance(s). Customers in the high-strength rate classification are ineligible for reduction of service charges under this subsection.

D. The city reserves to itself the authority to classify customers and set rates. No customer may extend or provide its service or rates to another customer. (Ord. 2021-39 § 8, 2021; Ord. 2020-18 § 1, 2020; Ord. 2016-30 § 6, 2016: Ord. 2013-29 § 1, 2013: Ord. 2006-10 § 2, 2006: Ord. 2006-05 § 15, 2006: Ord. 2005-28 § 1, 2005: Ord. 2004-37 § 1, 2004: Ord. 2004-20 § 1, 2004: Ord. 2003-35 § 1, 2003: Ord. 2003-21 § 1, 2003: Ord. 2003-1 § 1, 2003; Ord. 2002-14 § 1, 2002; Ord. 2001-30 § 1, 2001; Ord. 2000-26 § 1, 2000: Ord. 99-37 § 4, 1999: Ord. 98-30 § 1, 1998; Ord. 97-31 § 1, 1997: Ord. 93-A-42 § 1, 1993: Ord. 93-A-7 § 2: Ord. A-3637 § 3, 1990: Ord. A-3502 § 1, 1987: Ord. A-3386 § 1(part), 1985).

13.03.615 Service – Discounts for certain low income citizens.

A. A need-based program providing discounts to the billings for sewer utility services for certain eligible citizens is established to provide necessary support for the disadvantaged.

B. The program provided for in subsection A of this section shall be implemented as provided in Chapter 2.102. (Ord. 2021-39 § 9, 2021; Ord. 2020-18 § 1, 2020; Ord. 2019-21 § 2, 2019: Ord. 2016-30 § 7, 2016: Ord. 2006-05 § 16, 2006: Ord. 98-6 § 2, 1998: Ord. A-3637 § 4, 1990).

13.03.620 Sewer service charge – Rates outside city limits.

A. The minimum monthly and consumption charges for all sewer services outside the city limits shall be one hundred fifty percent of the charge for the same size service located within the city limits, except, however, the Walla Walla Regional Airport, Walla Walla Fairgrounds and Walla Walla High School monthly charges shall be the same as within city limits.

B. Pretreatment and/or attenuation costs shall be assessed in accordance with Section 13.03.610(D). (Ord. 2020-18 § 1, 2020; Ord. 2015-30 § 3, 2015: Ord. 2013-01 § 1, 2013: Ord. 2006-05 § 17, 2006: Ord. A-3637 § 5, 1990: Ord. A-3386 § 1(part), 1985).

13.03.630 Sewer receipts – Use restrictions – Self-supporting.

All sewer receipts shall be deposited to the sewer utility fund and shall be exclusively utilized for maintenance, operation, expansion and debt service of the sewer system of the city. Service charges shall be sufficient to make the city’s sewer utility self-supporting. All receipts shall be maintained in accordance with the Budgeting, Accounting, and Reporting System for Cities and Counties and Other Local Governments established by the Washington State Auditor and made applicable to the city of Walla Walla.

All revenue from the system shall be deposited into the wastewater fund as collected and shall be held separate and apart from all other funds of the city. The wastewater fund and the water fund are collectively referred to as the “water and wastewater fund” by Municipal Ordinances 2005-02, 2003-5, 2002-01, and 97-32. The revenue from the system deposited therein shall be used only for the following purposes and in the following order of priority:

First, to pay the costs of maintenance and operation of the system;

Second, to pay the interest on outstanding bonds issued pursuant to Municipal Ordinances 2005-02, 2003-5, 2002-01, and 97-32, and any additional bonds;

Third, to pay the principal of the outstanding bonds and any additional bonds, and to make any mandatory sinking fund deposits required to be made for the payment of the principal of any term bonds;

Fourth, to make all payments required to be made into the reserve account created to secure the payment of outstanding bonds and any additional bonds, and to make any payments required in connection with a surety bond issued by a qualified insurer;

Fifth, to make all payments required to be made into a revenue bond fund or debt service account hereafter created to pay and secure the payment of the principal of and interest on any bonds which have a lien upon the revenue of the system junior and inferior to the lien thereon for the payment of the principal of and interest on the outstanding bonds and any additional bonds; and

Sixth, for any other wastewater utility purpose.

Unless otherwise directed by the city council, a sufficient portion of the sewer receipts shall be allocated at least quarterly to sewer utility accounts established for the purposes of satisfying the payment and other requirements of city bond ordinances, and such allocations shall be reported to council and cannot be reallocated to other accounts without council approval.

The monthly statements from the city shall show, as a separate item, the amount of the sewer service charge to be charged as of the time of the reading of the water meter, and said charge shall be collected at the time payment is made for the water service. (Ord. 2020-18 § 1, 2020; Ord. 2013-29 § 2, 2013: Ord. 2006-05 § 19, 2006: Ord. A-3386 § 1(part), 1985).

13.03.640 Septage.

A. A truck tank septage charge rate will be imposed for each ton of septage and portion thereof at the rate per ton set forth in the city’s rate ordinance(s). In addition, an administrative fee shall be added to each load in an amount set forth in the city’s rate ordinance(s).

B. Septic trucks may only discharge septic waste at the septic discharge station located at the city wastewater treatment plant during regular business hours. The hauler must first check in, certify that the waste is domestic and pay fees.

C. The wastewater treatment plant will only accept septage from domestic sources such as domestic septic tanks and port-a-potties, or their equivalent. The plant will not accept truck delivery loads on days when the plant is running at full capacity. No type of industrial, chemical or food waste, to include fats, oils or grease, will be accepted at the wastewater treatment plant.

D. The wastewater treatment plant will not accept septage which violates any discharge prohibition or standard of Chapter 13.30 or any other requirements established or adopted by the city.

E. Costs of special tests and handling, if required, will be in addition to treatment charge.

F. The charge for septage originating outside Walla Walla County shall be double the rates applicable to septage originating inside Walla Walla County. (Ord. 2021-39 § 10, 2021; Ord. 2020-18 § 1, 2020; Ord. 2016-30 § 9, 2016: Ord. 2014-01 § 1, 2014: Ord. 2006-10 § 4, 2006: Ord. 2006-05 § 20, 2006: Ord. 2005-28 § 3, 2005: Ord. 2004-37 § 3, 2004: Ord. 2003-35 § 3, 2003: Ord. 99-37 § 6, 1999: Ord. 97-31 § 2, 1997: Ord. 93-A-42 § 2, 1993: Ord. 93-A-7 § 3: Ord. A-3637 § 6, 1990: Ord. A-3386 § 1(part), 1985).

13.03.642 Winery waste.

A. The winery waste charge rate will be imposed based on the amount of waste and shall consist of a user charge and an administrative fee in amounts set forth in the city’s rate ordinance(s).

B. Winery waste will only be accepted at the city wastewater treatment plant, located at 572 Hatch Street, during regular business hours. All trucks shall be weighed and directed where to go. The plant will not accept truck delivery loads on days when the plant is running at full capacity.

C. The charge for winery waste originating outside Walla Walla County shall be double the rates applicable to winery waste originating inside Walla Walla County. (Ord. 2021-39 § 11, 2021; Ord. 2020-18 § 1, 2020; Ord. 2016-30 § 10, 2016: Ord. 2006-05 § 21, 2006: Ord. 2005-28 § 4, 2005: Ord. 2004-37 § 4, 2004: Ord. 2003-35 § 4, 2003).

13.03.645 Schedule of miscellaneous sewer related fees and charges.

The schedule of miscellaneous sewer related fees and charges to be assessed and paid is as follows:

A. Any party desiring or required to connect to the city system of sewerage or to increase the size of its service shall pay sewer capital facilities charges to the city at the rates set forth in the city’s rate ordinance(s). The city council has determined that the sewer capital facilities charges established herein are proper and reasonable connection charges in order that such property owners shall bear their equitable share of the cost of city system of sewerage. Sewer capital facility charges are ordinarily determined with reference to the size and number of water meters at a location, because sewage is not usually measured and there is a rational correlation between water consumption and sewer discharge. If a property or premises is not served by metered water from the city, the city engineer or his/her designees will determine the meter equivalents for the connection.

1. Increases in the size of service are deemed to occur upon increase of the size of a water meter at a location, increase of the number of water meters at a location, subdivision of a property, or addition of occupancies at a location.

a. “Addition of occupancies” for residential properties does not include addition of accessory dwelling units as defined by Title 20.

2. Duplexes, triplexes and quadriplexes shall be assessed capital facilities charges for each residential unit regardless of the number of water meters installed. Each residential unit shall be assessed the capital facilities charge set forth in the city’s rate ordinance(s) for a three-fourths-inch meter size.

3. All parties desiring or required to increase the size of service shall pay prorated capital facilities charges. The amount to be assessed in such instances shall be the difference between the facilities charges that would have been required for the existing size of service and the charges applicable to the increased size of service. In no event shall the total amount of any credits exceed the amount of the capital facilities charges.

4. The sewer capital facilities charges established herein shall apply in addition to the costs of connection and any other applicable charges.

5. No one shall be entitled to a refund, rebate, or rate reduction for any decrease in the size of service at a location.

B. A side sewer charge will be assessed in an amount set forth in the city’s rate ordinance(s) for side sewers installed on capital improvement projects by the city.

C. Additional charges may be set forth in the city’s rate ordinance(s).

D. Additional sewer connection charges for sewers, pumping stations, disposal plants, or other appurtenances constructed by developers or property owners to serve their own property, but that make sewer service available to intervening property owned by others, shall be established by “latecomer” or “reimbursement” agreements, that reflect the cost of constructing said facilities. These agreements may be effective for twenty years, after which the connection charges shall revert to the normal connection fees in effect at that time; provided, however, that the term of such agreements may be extended as provided by law.

E. The city public works department is authorized to additionally charge customers for actual costs not otherwise set forth in the Walla Walla Municipal Code or the city’s rate ordinance(s). (Ord. 2020-18 § 1, 2020; Ord. 2016-30 § 11, 2016: Ord. 2015-30 § 4, 2015: Ord. 2007-31 § 1, 2007: Ord. 2006-05 § 22, 2006: Ord. 99-37 § 7, 1999: Ord. 98-37 § 1, 1998; Ord. 93-A-42 § 4, 1993).

13.03.647 Special trunk connection charge – Dalles Military Road.

There is hereby established a special trunk connection charge that shall apply to any party desiring or required to connect to the city system of sewerage in the area described herein.

A. The trunk connection charge shall apply to the following properties:

1. Property commonly located at 1316 Dalles Military Rd., Walla Walla County tax parcel number 360730560432;

2. Property commonly located at 1410 S. 15th Ave., Walla Walla County tax parcel number 360730560414;

3. Property commonly located at 1200 Dalles Military Rd., Walla Walla County tax parcel number 360730440026.

B. The following special sewer trunk connection charges apply to the properties described in subsection A of this section. The property described in subsection (A)(1) of this section shall pay a special trunk connection charge in the amount of twenty-two thousand eight hundred thirty-eight dollars and seventy-one cents. The property described in subsection (A)(2) of this section shall pay a special trunk connection charge in the amount of seventeen thousand one hundred twenty-nine dollars and three cents. The property described in subsection (A)(3) of this section shall pay a special trunk connection charge in the amount of fifty-nine thousand dollars. The special trunk connection charges must be paid in full before connection is made. These charges shall apply in addition to the fees and charges imposed by Section 13.03.645 and any other fees, charges, and rates that apply.

C. In the event that any property described in subsection A of this section is subdivided after the date of adoption of the ordinance codified in this section, the special trunk connection charges imposed by subsection B of this section shall apply jointly and severally to all newly created parcels, and the amounts imposed by subsection B of this section must be paid in full by the first newly created parcel that connects. (Ord. 2018-38 § 1, 2018).

Article III. Mandatory Connection

13.03.650 No rights created.

A. No sanitary sewage, industrial or commercial wastes, or other polluted waters shall be discharged into a natural outlet within the city. All such sewage, wastes and waters, except stormwaters, must be discharged into the system of sewage works of the city and/or into authorized on-site sewage disposal systems. This obligation applies to the owner of premises and to persons in possession, charge or control of the premises where prohibited discharges either originate or occur.

B. This chapter shall not create rights to require construction of public sewers, connection thereto or otherwise to receive sewer service from the city on the part of any person. The city reserves all rights to deny, limit, or curtail service. (Ord. 2020-18 § 1, 2020; Ord. A-3386 § 1(part), 1985).

13.03.660 On-site sewage disposal systems.

A. Unless otherwise expressly prohibited, on-site sewage disposal systems are permitted only where public sewer service is unavailable.

B. On-site sewage disposal systems must be approved by the health officer, and be in accordance with the jurisdictional health agency’s regulations in addition to any requirements of the city.

C. As used herein, “unavailable” means not available as determined by the city engineer. Sewer service shall be deemed available where the property line of the served property is located within three hundred feet of a street, highway, alley, or easement in which a public sewer is located, unless otherwise ordered by the city engineer.

D. On-site sewage disposal systems are never permitted if the city engineer or health officer determines they are a danger to or may adversely affect public safety and health and/or they are malfunctioning or improperly constructed or maintained.

E. Notice of noncompliance with the requirements of this section shall be given to the landowner and/or persons in possession, charge or control of the premises, and shall allow thirty days for compliance; provided, a longer or shorter time may be set by the city engineer or health officer as may be deemed necessary to protect the public health and safety.

F. Private systems shall be discontinued when public sewer becomes available. When a public sewer becomes available within three hundred feet of the property served by a private sewage disposal system, a direct connection shall be made to the public sewer within ninety days after official notice to do so, in compliance with this title. As soon as such connection is made, any septic tanks or similar private sewage disposal facilities shall be abandoned and filled with suitable material, subject to the approval of the city engineer and/or health officer.

G. General Requirements. Type, capacities, location and layout of a private sewage or disposal system shall comply with the rules and regulations of the Washington State Board of Health and Walla Walla County ordinances governing on-site sewage disposal systems.

H. Health Requirements, Additional. The requirements of this title are additional to those imposed by the county health officer under applicable statutes, regulations and ordinances. (Ord. 2020-18 § 1, 2020; Ord. 2013-29 § 3, 2013: Ord. 2006-05 § 23, 2006: Ord. 99-37 § 8, 1999: Ord. A-3386 § 1(part), 1985).

13.03.670 Adequate connections.

A. Every owner of any structures or premises used for human occupancy, employment, recreation or used for other purposes requiring sanitary facilities, or when the city engineer or health officer shall so order, shall construct or cause to be constructed all necessary sanitary facilities and a sufficient sewer or sewer extension for connection to the public sewer in the manner prescribed by city ordinance and regulations unless specifically exempted therefrom in writing by the city engineer.

B. A separate and independent side sewer shall be provided for each and every building or structure or any other premises or property as required by the city engineer. A private sewer may be permitted in cases of engineering necessity, to prevent or correct a health or safety hazard or for other good cause, all as determined by the city engineer or health officer.

C. Separate Sewers Required – Exception. A separate and independent building sewer shall be provided for every building, except where one building stands at the rear of another on an interim lot or temporary mobile home and it is impracticable to require a separate building sewer, the building sewer from the front building may be extended to the rear building and the whole considered as one building sewer.

D. The sewer shall connect the building, structure or property and all water closets or pipes therein used as receptacle of or conductor of sewage to the public sewer.

E. Tampering with Sewers Forbidden. No person not a city employee shall uncover, make any connections with or opening into, use, alter, or disturb any public sewer or appurtenances thereof without first obtaining a written permit from the city engineer.

F. Application and Permit for Connections with Public Sewers Fee. The owner, his/her agent, or his/her sewer contractor shall complete an application on a form furnished by the city, which the applicant shall supplement by any plans, specifications, and other information as is deemed necessary by the city engineer for enforcement of this title, and a permit to perform work in public rights-of-way or easements shall be obtained from the city engineer prior to performing sewer work in such areas or making connections to public sewers.

G. City Not Responsible for Private Building Sewers. The city assumes no responsibility for the maintenance or replacement of any building sewer lines on private property or in easements or street rights-of-way or building sewer connections to the public sewer system.

H. Cost to Be Borne by Owners. All costs and expenses incident to the installation and connection of the building sewer shall be borne by the owner. The owner or applicant of the premises in question shall indemnify the city against any loss or damage that may directly or indirectly be occasioned by the installation of the building sewer.

I. Old Side Sewers Must Conform. Old building sewers may be used in connection with new buildings only when they are found, on examination and test by the city engineer, to meet all requirements of this title.

J. Notice of noncompliance with the requirements of this section shall be given to the landowner, or person in possession, charge or control of the premises, and shall allow thirty days for compliance; provided, a longer or shorter time may be set by the city engineer or health officer as may be deemed necessary to protect the public health and safety. (Ord. 2020-18 § 1, 2020; Ord. 2000-9 § 8, 2000: Ord. A-3386 § 1(part), 1985).

13.03.680 Easement – Agreement to maintain – Private sewer.

A. As an additional condition of allowing connection of a private sewer, the property owner may be required to execute and record an easement appurtenant to and for the benefit of premises connected to the private sewer, allowing perpetual access to the sewer by all premises connected and mutually covenanting to maintain the sewer for the enjoyment of all such premises.

B. The easement shall not be subject to revocation without the concurrence of all interested parties and the written approval of the city engineer. The city shall have no maintenance, repair, or replacement obligations for private property sewers. (Ord. 2020-18 § 1, 2020; Ord. 2000-9 § 9, 2000: Ord. A-3386 § 1(part), 1985).

13.03.690 Prompt repair required for privately maintained system.

A. When any sewer, pipe, drain or on-site sewage disposal system located on private premises becomes obstructed, broken, out of order, or otherwise inoperative, the health officer, building official, or the city engineer shall, if the owner of such premises or the owner’s agent fails to correct the problem after two days’ notice to do so, and upon a determination that the public health and safety is or could be endangered thereby, cause such sewer to be removed, reconstructed, repaired, pumped, altered or cleansed, as the city engineer may deem expedient, at the expense of the owner of such premises as aforesaid. No notice is necessary in cases of imminent danger to the public health and safety.

B. The broken, obstructed, out of order or otherwise inoperative sewers, pipes, or on-site sewage disposal systems, are declared public nuisances which may be summarily abated at the sole expense of the owner(s) of the premises and/or responsible persons, notwithstanding any other provision of this chapter. (Ord. 2020-18 § 1, 2020; Ord. 2000-9 § 10, 2000: Ord. A-3386 § 1(part), 1985).

Article IV. Grease, Oil, Sand Traps, Interceptors

13.03.760 Grease traps.

The following conditions shall be in addition to the requirements of the Uniform Plumbing Code adopted under Chapter 15.04, Technical Building Codes. In all cases where a structure is used as a hotel, boardinghouse or restaurant, or where required by the city engineer, building official, or the health officer, the owner shall provide a properly constructed grease trap or interceptor through which all wastes of a greasy nature shall be drained. All grease traps and interceptors shall be of a type, capacity and design approved by the city engineer or building official.

Traps or interceptors shall be required when the sewage or waste contains any of the following:

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

B. Any water or waste which may contain more than forty milligrams per liter by weight of animal or vegetable fat, oil or grease;

C. Any gasoline, benzene naphtha, fuel oil, or other flammable liquid, solid or gas, or other petroleum products and derivatives;

D. Any garbage that has not been properly shredded;

E. Any ashes, cinders, sand, plaster, mud, straw, shavings, metal, glass, rags, feathers, tar, plastics, wood, paunch manure, hair, bristles or any other solid or viscous substance capable of causing obstruction to the flow in sewers or other interference with the proper operations of the sewage work.

Grease traps to collect emulsified cooking grease from commercial establishments shall be located downstream from cooking and washing facilities a sufficient distance or be sufficiently large to cool the waste to a temperature lower than one hundred forty degrees Fahrenheit before leaving trap. (Ord. 2021-39 § 12, 2021; Ord. 2020-18 § 1, 2020; Ord. 2000-9 § 16, 2000: Ord. A-3386 § 1(part), 1985).

13.03.770 Grease, oil, solids, sand interceptors – Installation.

Grease, oil, solids, and sand interceptors or other necessary removal facilities shall be installed on premises at the owner’s expense and liability when, in the opinion of the city engineer, they are necessary for the proper handling of sewage from the premises of or point of origin. All interceptors shall be of a type and capacity approved by the city engineer and shall be located as to be readily accessible for inspection and maintenance such as cleaning and repair. (Ord. 2021-39 § 13, 2021; Ord. 2020-18 § 1, 2020; Ord. 2000-9 § 17, 2000: Ord. A-3386 § 1(part), 1985).

13.03.780 Grease, oil, solids, sand interceptors – Construction.

Grease, oil, solids and sand interceptors shall be constructed of impervious materials capable of withstanding abrupt and extreme changes in temperature. They shall be of substantial construction, watertight, and equipped with easily removable covers which, when bolted in place, shall be gastight and watertight. (Ord. 2020-18 § 1, 2020; Ord. 2000-9 § 18, 2000: Ord. A-3386 § 1(part), 1985).

13.03.790 Grease, oil, solids, sand interceptors – Maintenance.

Where installed, all grease, oil, solids and sand interceptors shall be maintained by the owner, at the owner’s expense and liability, in continuously efficient operation at all times. These devices shall be maintained in accordance with the manufacturer’s recommendations and as needed to maintain efficient operating condition by periodic removal of accumulated grease, scum, oil or other floating substances and solids deposited in the interceptor. (Ord. 2020-18 § 1, 2020; Ord. 2000-9 § 14, 2000: Ord. A-3386 § 1(part), 1985).

Article V. Sewer Construction

13.03.800 Applicable codes.

A. All building sewers shall be constructed in accordance with the Uniform Plumbing Code adopted under Chapter 15.04, Technical Building Codes, except as amended in this chapter.

B. Construction in Public Rights-of-Way. All work in public rights-of-way shall conform to the provisions of Title 12 and the city’s standard plans.

C. Construction of sewers shall conform to plans and specifications prepared by a professional engineer licensed by the state of Washington in conformance with the city’s standard plans and approved by the city engineer. (Ord. 2020-18 § 1, 2020; Ord. 2000-9 § 20, 2000: Ord. A-3386 § 1(part), 1985).

13.03.810 Costs of installation – Connection – Indemnity.

A. All costs incident to the installation, connection, and maintenance of a side sewer, special side sewer or private sewer, including connection to public sewers, shall be paid by the owner(s).

B. The owner shall indemnify the city from any loss, liability or damage that may directly or indirectly be occasioned by the installation of the side sewer, special side sewer or private sewer for a period of two years from the date of inspection by the city engineer and shall be responsible for said construction, in addition to perpetual operation and maintenance of the sewer line and its connection with a public sewer. A bond or other adequate security to insure this obligation may be required by the city engineer based on the nature and size of the construction. (Ord. 2020-18 § 1, 2020; Ord. 2000-9 § 21, 2000: Ord. A-3386 § 1(part), 1985).

13.03.820 Extensions – Risk.

In cases of extension, construction or reconstruction of all or any portion of side sewer, special side sewer, or private sewer, the owner is responsible for the proper functioning of the entire side sewer up to the public sewer connection, and shall indemnify and hold harmless the city for any cost or expense, loss liability or damage that may directly or indirectly be occasioned by any malfunction of said sewer. (Ord. 2020-18 § 1, 2020; Ord. 2000-9 § 22, 2000: Ord. A-3386 § 1(part), 1985).

13.03.830 Eligibility – Sewer permits.

A. A sewer permit shall be issued only to a person or business having a current general state contractor’s license or a specialty contractor’s license.

B. This section shall not be construed to require a contractor’s license for a property owner to construct a side sewer on the owner’s property or place of residence. (Ord. 2020-18 § 1, 2020; Ord. 2000-9 § 23, 2000: Ord. A-3386 § 1(part), 1985).

13.03.840 Building sewer specifications.

A. Special Basement Requirements. Additional standards for protection of health, safety and welfare of users and equitable distribution of service charges are required for habitable or sewered elements of structures where backwater valves are required by the Uniform Plumbing Code adopted under Chapter 15.04, Technical Building Codes. These additional standards are:

1. Side sewer must slope one-fourth inch per foot minimum, no exceptions;

2. Approved backwater valves are required, and must be maintainable by the property owner;

3. As a condition of permit, the property owner must execute an agreement running with the land holding the city harmless from any damages resulting from public sewer stoppage; and

4. Install a private pump station when required.

B. Pump Stations. In all buildings in which any building drain is too low to permit gravity flow to the public sewer, sewage shall be lifted by a private pump station approved by the building official and discharged into the building sewer. Maintenance and operation of such pump stations are a responsibility of the property owner. (Ord. 2020-18 § 1, 2020; Ord. 2000-9 § 24, 2000: Ord. A-3386 § 1(part), 1985).

13.03.850 Private pump station – Construction plans required.

Any person desiring to construct a private pump station intended to be connected with or discharged into any sewer, he/she shall, before beginning work upon the same, file with the building official or the city engineer two sets of plans, specifications, design calculations and any other applicable information as deemed necessary by the building official or the city engineer. The plans, specifications and design calculations, or copies thereof, shall be left on file at the office of the building official or the city engineer. (Ord. 2020-18 § 1, 2020; Ord. 2000-9 § 25, 2000: Ord. A-3386 § 1(part), 1985).

13.03.860 Notice and inspection.

Any person desiring to construct or repair any sewer in any street, alley or easement in which the sewer is located, shall first obtain required permits, and shall give at least twenty-four hours’ notice before actually commencing work to the city engineer.

A. Sewers must be inspected and found satisfactory before covering the pipe. Cost of reinspection occasioned by faulty or improper work or failure to comply with these provisions may be charged to the contractor or owner.

B. The health officer, the city engineer, and their designees shall have the right to enter upon the premises served by any on-site disposal system, or served by a side sewer, special side sewer, private sewer or otherwise connected with any public sewer at all reasonable hours to ascertain whether the provisions of the ordinance codified in this chapter or any other ordinance relative to sewers have been followed.

C. The owner or occupant of any house, building or property shall allow authorized persons to inspect on site the nature of wastes intended to be discharged into a public sewer and/or an on-site sewage disposal system.

If said facilities, sewers or attachments are in conflict with the provisions of any law or ordinance in regard thereto, the owner of said premises shall be notified to cause said sewers or attachments to be altered, repaired or reconstructed as to make them conform to the requirements of the law and ordinances within thirty days from the date of such notice, except as otherwise specifically provided. (Ord. 2021-39 § 14, 2021; Ord. 2020-18 § 1, 2020; Ord. 2000-9 § 26, 2000: Ord. A-3386 § 1(part), 1985).

Article VI. Prohibitions and Limitations

13.03.890 Injury, breaking manhole, etc. – Prohibited.

It is unlawful for any person to injure, break or remove any portion of any manhole, lamphole, flush tank or any part of a public sewer. (Ord. 2020-18 § 1, 2020; Ord. A-3386 § 1(part), 1985).

13.03.900 Permit required for extension.

It is unlawful for any person to extend any private or side sewer beyond the limits of the property for which a permit has been given or into a utility easement, wherever located, without obtaining an additional permit for the desired extension. (Ord. 2020-18 § 1, 2020; Ord. A-3386 § 1(part), 1985).

Article VII. General Provisions

13.03.920 Abatement of public nuisance.

A. Notwithstanding any other provision of this chapter, and in addition thereto, the maintenance of any condition adverse to the public health and safety or creating or tending to create a risk to the public health or safety, specifically including accumulations of raw or treated sewage or sludge of any nature or danger or possibility thereof, or contamination of any public or domestic water supply system or well or a danger or possibility thereof, shall constitute a public nuisance and, in the discretion of the city engineer or health officer shall be subject to immediate abatement by the city at the premises owner’s and/or other responsible person’s expense and liability.

B. Abatement of any nuisance as defined in subsection A of this section may be billable as a utility service furnished to the premises wherein the condition arose or exists.

C. This section shall not limit the premises owners’ or other parties’ rights to seek recovery against other responsible persons.

D. The city engineer, designees of the city engineer, and other duly authorized employees of the city bearing proper credentials and identification shall be permitted to enter at reasonable times all properties for the purpose of inspection, observation, measurement, sampling and testing, in accordance with the provisions of this code. (Ord. 2021-39 § 15, 2021; Ord. 2020-18 § 1, 2020; Ord. 2000-9 § 30, 2000: Ord. A-3386 § 1(part), 1985).

13.03.930 Suspension of service.

A. In case of emergency, equipment failure, inaccessibility or for other reasons as directed by the city engineer in the interests of the public health and safety, sewer or water service may be temporarily or permanently suspended to one or more premises or locations within the city, with or without notice.

B. The city may refuse to furnish sewer service and discontinue service to any premises that has been designated by the city as dangerous or unfit for human habitation. Sewer service to such premises shall not be restored until the city has withdrawn the dangerous or unfit designation for the premises.

C. Service to any premises may be suspended for nonpayment of accounts. Such suspension shall not relieve the person owing such account from the duty of complying with the provisions of this title. Such suspension shall render the premises where such service is suspended, subject to condemnation for sanitary reasons and/or exercise of municipal power to abate a public nuisance at the risk and expense of the owner of the premises and/or other responsible persons. (Ord. 2020-18 § 1, 2020; Ord. 2015-30 § 5, 2015: Ord. A-3386 § 1(part), 1985).

13.03.940 Responsibility for sewers – Fixtures.

A. The city assumes no responsibility whatsoever for any side sewers, special side sewers, private sewers, other nonpublic sewers or other such pipes, fixtures or appurtenances. This includes responsibility for costs of construction, repair and/or maintenance. It includes liability for losses, claims, damages or injuries arising directly or indirectly from the use or existence of said nonpublic pipes and fixtures.

B. Except as required by the general law of this state, the city assumes no additional responsibilities for public sewer service or wastewater disposal or treatment or as to the construction, repair or maintenance of public sewers.

This code shall not be construed to expand such responsibilities.

C. Any expenses incurred by the city for excavation, cleaning or inspecting public sewers by demand of the sewer user shall be the responsibility of the sewer user unless the inspector determines the problem was caused by a public sewer. Such costs will be in addition to any general penalties under Chapter 1.24.

D. All expense and liability for loss or damage for cleaning, repairing and maintenance of a side sewer or a private sewer from the building drain to and including connection with the public sewer shall be the responsibility of the property owner. (Ord. 2020-18 § 1, 2020; Ord. 2000-9 § 31, 2000: Ord. A-3386 § 1(part), 1985).

13.03.950 Penalties.

Any person who is convicted of violating or failing to comply with any of the provisions of this chapter shall be guilty of a civil violation and shall be punished by a monetary penalty of not more than five thousand dollars for each violation. A continuing violation or failure to comply shall be considered a separate violation for each day that the violation or failure to comply continues. Actual damages and expenses incurred to make repairs or otherwise correct violations or failures to comply shall be assessed in addition to the monetary fine. (Ord. 2021-39 § 16, 2021; Ord. 2020-18 § 1, 2020; Ord. A-3386 § 1(part), 1985).