Ordinance # 60

AN ORDINANCE OF THE CITY OF RIGGINS, IDAHO, REGULATING THE NATURE AND COMPOSITION OF SEWAGE WHICH MAY BE DISCHARGED INTO A PUBLIC SEWER; DEFINING THE TERMS USED IN THIS ORDINANCE; REQUIRING EVERY PERSON OWNING LAND OR PREMISES DISPOSING OF SEWAGE WASTES, TO WHICH SEWERAGE SERVICES ARE AVAILABLE, TO INSTALL A CONNECTION TO THE SEWER SYSTEM; PROVIDING FOR INSTALLATION AND REPAIR OF CONNECTIONS TOT HE SEWER SYSTEM ONLY UPON ISSUANCE OF A PERMIT; SUBJECTING ALL SEWER CONNECTIONS AND PRIVATE SERVICE LINES TO INSPECTION, AND EMPOWERING THE APPROVING AUTHORITY TO ENTER UPON ANY PREMISES OR PROPERTY SUBJECT TO PUBLIC UTILITY EASEMENTS AT ALL REASONABLE HOURS FOR THE PURPOSE OF CONDUCTING SUCH INSPECTION; PROHIBITING DISCHARGE OF UNPOLLUTED WATER INTO THE SEWER SYSTEM; PROHIBITING DAMAGE TOT HE SEWER SYSTEM; PROHIBITING DISCHARGES OF CERTAIN SUBSTANCES INTO THE SEWER SYSTEM IN THE ABSENCE OF SPECIAL AGREEMENTS; PROVIDING FOR SUBMISSION OF INFORMATION, PRETREATMENT AND INSTALLATION OF INTERCEPTORS TO PROTECT THE SEWER SYSTEM; ESTABLISHING RULES GOVERNING THE MEASUREMENT AND SAMPLING OF CERTAIN SEWAGE WATER; EMPOWERING THE APPROVING AUTHORITY TO PROHIBIT THE DISCHARGE INTO THE SEWER SYSTEM OF SEWAGE THAT DOES NOT COMPLY WITH THE LIMITATIONS ESTABLISHED BY THIS ORDINANCE; FIXING A SCHEDULE OF RATES AND CHARGES FOR SEWERAGE COLLECTION AND TREATMENT SERVICES FURNISHED BY THE CITY AND PRESCRIBING BILLING AND COLLECTION PROCEDURES FOR EACH OF THE MUNICIPAL SERVICES DESCRIBED HEREIN; PROVIDING FOR CITATIONS ISSUED AND PENALTIES IMPOSED FOR VIOLATIONS OF THIS ORDINANCE; PROTECTING THE REMAINING PROVISIONS OF THIS ORDINANCE IF ONE PROVISION SHOULD BE HELD TO BE INVALID; REPEALING ALL OTHER ORDINANCES IN CONFLICT WITH THIS ORDINANCE, TO THE EXTENT OF SUCH CONFLICT; AND PROVIDING WHEN THIS ORDINANCE SHALL BECOME EFFECTIVE.

BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF RIGGINS, IDAHO:

Section 1.    Purpose    that the purpose of this ordinance is to promote the public health and welfare by regulating the nature and composition of sewage, including industrial waste, that may be discharged into the sewer system constructed and operated by the City of Riggins, Idaho.

Section 2.    Definitions    That the terms used in this ordinance shall have the following meanings:

    A.    "Approving Authority" shall mean the Riggins City Engineer, or his duly authorized deputy, agent or representative.

    B.    "Biochemical Oxygen Demand"     (B.O.D.) shall mean the quantity of oxygen, expressed in parts per million by weight, utilized in the biochemical oxidation of organic matter under standard laboratory determinations made in accordance with procedures set forth in "Standard Methods".

    C.    "City"     shall mean the City of Riggins, Idaho.

    D.    "Chlorine Requirement"    shall mean the amount of chlorine in parts per million by weight, which must be added tot he sewage to produce a specified residual chlorine content,  or to meet the requirements of some other objective, in accordance with procedures set forth in "Standard Methods".

    E.    "Commercial User"    shall mean any person not specifically classified as a domestic or as an industrial waste contributor.

    F.    "Dwelling Unit"    shall mean a building or structure or portion thereof that is constructed and used primarily for residential purposes.  Any building or structure which has been constructed or altered to provide for two or more families or households, or which has been constructed or altered to accommodate travelers or transients, shall also be considered a dwelling unit.

    G.    "Garbage"    shall mean the residue from preparing and dispensing food, and from handling, storing and selling food products and produce.

    H.    "Ground Garbage"    shall mean the residue from preparing cooking and dispensing food that has been shredded to such a degree that all particles will be carried freely in suspension under the flow conditions normally prevailing in public sewers with no particle greater than one-half inch in any dimension.

    I.    "Industrial Waste"    shall mean any flow discharge to the sewage treatment system containing a total of more than 200 mg/1 of suspended solids, a waste of more than 200 mg/1 of B.O.D. or an average flow of more than 0.25 mgd.

    J.    "House Service Line"     shall mean the extension from the building drain to the public sewer, and is sometimes referred to as a connection or service connection.

    K.    "MG"     shall mean million gallons.

    L.    "Natural Outlet"    shall mean any outlet into a watercourse, pond, ditch, lake or other body of surface or ground water.

    M.    "pH"    shall mean the logarithm (base 10) of the reciprocal of the hydrogen ion concentration expressed in moles per liter, and is a measure of the acidity or alkalinity of a solution. It shall be determined by one of the procedures outlines in "Standard Methods".

    N.    "Parts Per Million"    shall mean a weight-to-weight ratio; and the parts per million value multiplied by the factor 8.345 shall be equivalent to pounds per million gallons of water.

    O.    "Person"    shall mean any individual, firm, company, association, society, corporation, group or other entity.

    P.    "Private Sewer"    shall mean a sewer serving one or more buildings, residences or properties, constructed by the private owner or by private contract.

    Q.    "Public Sewer"    shall mean a sewer provided by, or subject tot he jurisdiction, of the City. It shall also include sewers within or outside the city boundaries that serve one or more persons and ultimately discharge into the city sewer system, even those sewers may not have been constructed with city funds.

    R.    "Sanitary Sewage"    shall mean wastes that are derived principally from dwellings, business buildings, institutions and industrial waste, exclusive of storm and surface waters.

    S.    "Sanitary Sewer"    shall mean a sewer that conveys sanitary sewage or industrial waste, or  a combination of the two, and into which storm, surface, and ground waters or unpolluted industrial wastes are not intentionally admitted.

    T.    "Service Charge"    shall mean the charge levied against all uses of the sewer system.

    U.    "Service Tap"    shall mean a connection of a private sewer line tot he public sewer system.

    V.    "Sewage Treatment Plant"    shall mean a waste-water treatment plant.

    W.    "Sewage"    shall mean waste water.

    X.    "Sewer"    shall mean a pipe or conduit for conveying wastewater or any other waste liquids.

    Y.    "Standard Methods"    shall mean the examination or any analytical procedures set forth in the most recent edition of "Standard Methods for the Examination of Water, Sewage, and Industrial Wastes," published jointly by the American Public Health Association, the American Water Works Association, and the Federation of Sewage and Industrial Wastes Association.

    Z.    "Standard Sewage"   shall mean sewage and acceptable waste that are within specifications regarding pH, B.O.D., dissolved oxygen, suspended solids and grease.

    AA.    "Storm Drain"    shall mean a pipe or conduit for conveying storm, surface and ground water drainage, as opposed to sewage and industrial wastes.

    BB.    "Suspended Solids"    (SS) shall mean solids that either float on the surface of or are in suspension in, water, sewage, or industrial waste, and which are removable by a laboratory filtration device.  Quantitive determination of suspended solids shall be made in accordance with procedures set forth in "Standard Methods".

    CC.    "Unpolluted Water"    shall mean any water or liquid containing none of the following; free or emulsified grease or oil; acids or alkalis; 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 not contain more than 30 mg/1 each of suspended solids or biochemical oxygen demand.  Analytical determinations shall be made in accordance with procedures set forth in "Standard Methods".

    DD.    "Waster Water"    shall mean the water-carried human, animal, household, commercial or industrial waste in a public or private sewer.

    EE.    "Waste Water Treatment System"    (Also termed Sewer System)    shall mean all facilities for collecting, pumping, treating and disposing of domestic, commercial and industrial wastes, and includes sewers as well as the waster water treatment plant.

    FF.    "Waste Water Treatment Plant"    shall mean an assemblage of devices, structures and equipment for treating domestic, commercial and industrial wastes.

    GG.    "Watercourse"    shall mean a channel in which a flow of water occurs, either continuously or intermittently.

Section 3.    This Section has been amended by City of Riggins Ordinance #146.

Section 4.    Sewer connection and repair - permit required.    That is shall be unlawful for any person to uncover, make any connection with or opening into, use, alter or disturb any public sewer or appurtenance thereof, without first obtaining a written permit.  Permission given to connect sewers and drains shall be upon the express condition that the approving authority may at any time revoke the same, for good  cause, and the person making such connection, or his successor in interest, shall have no right to claim any damage in consequence of such permission being revoked.

    When any private sewer connected with any public sewer becomes obstructed, broken or out of order, the owner, agent or tenant of such premises shall effect the necessary repairs at his own expense. No person shall construct, relay, repair or extend any private sewer except upon obtaining a private sewer permit. It shall be unlawful for any person to extend any private sewer beyond the limits of the building or property for which a permit has been issued, without obtaining an additional permit for the desired extension.

Section 5.    Inspections.    That all constructions of, or repairs on, private sewers and house service lines connecting to the public sewer system shall be in accordance with the applicable ordinances of the City, and of the Idaho Code, and shall be subject to inspection by the approving authority.

    A.    Notice shall be given the approving authority by any person desiring to make a connection with any public sewer at least five (5) hours previous to the time of making such connections, stating when such work will be ready for inspection. The connection must be made to the satisfaction of the approving authority before the trench is filled. When any person desires to lay or drive any pipe in a street, alley or easement in which a public or private sewer is laid, he shall give at least twenty-four (24) hours notice to the approving authority; provided, that upon a showing that emergency conditions exist, the approving authority may authorize the work to commence and shall conduct the required inspection as soon thereafter as circumstances permit.

    B.    The approving authority shall have the right to enter upon any premises connected with any public sewer at all reasonable hours to determine that there is compliance with the provisions of this ordinance. If a violation is noted, the owner of said premises or his agent shall be directed to alter, repair or reconstruct the facilities in question to conform with the requirements of this ordinance within fifteen (15) days.  The owner or occupant of any house, building or property shall allow authorized persons at any time to inspect the nature of waste water discharging into a public sewer. Authorized persons bearing proper credentials and identification shall be permitted to enter all property for the purpose of inspection, observation, measurement, sampling and testing, in accordance with the provisions of this ordinance.

Section 6.    Unpolluted Waters    That is shall be unlawful for any person to discharge or cause to be discharged any storm water, ground water, roof runoff, subsurface drainage, cooling water or unpolluted water into any sanitary sewer. Storm water shall be discharged to such sewers as are specifically designated as storm drains, or to natural outlet designated by the approving authority. Industrial cooling water or unpolluted process water may be discharged, upon approval by the approving authority, into a storm drain or natural outlet.

Section 7.    Damage to Sewer System    That it shall be unlawful for any person (A) to damage, break, destroy, uncover, deface or tamper with any structure, appurtenance or equipment which is part of the sewer system; or (B) to deposit into any sewer opening any substance having a tendency to obstruct the flow of the sewer.

Section 8.    Prohibited discharges and special agreements.    That, except as provided below, no person shall discharge or cause to be discharge into the sewer system any of the following described waste substances:

    Any solids, liquids, or gases which may, by themselves or by interaction with other substances, cause fire or explosive hazards, or in any other way be injurious to persons, property, the operation of the sewer system, or to nay of the following listed heavy metals which may be components of the system:  antimony, arsenic, barium, beryllium, bismuth, boron, cadmium, chromium (hexa), chromium (tri), cobalt, copper, iron, lead, manganese, mercury, molybdenum, nickel, rhenium, selenium, silver, strontium, tellurium, tin, uranyl ion and zinc.

    Any noxious or malodorous solids, liquids, or gases which singly, or by interaction of other substances, are capable of creating a public nuisance or hazard to life, or of preventing entry into sewers for their maintenance or repair.

    Any solids, greases, waxes, slurries or viscous materials of such character or in such quantity that the approving authority reasonably determines may cause an obstruction tot he flow of the sewer, or otherwise interfere with the proper functioning of the sewer system.

    Any toxic substance, chemical element, or compound in quantity sufficient to impair the operation of efficiency of the waste water treatment plant and to cause the effluent thereof to exceed the permissible standards established by the Idaho Department of Health and Welfare or the Federal Environmental Protection Agency, for the receiving stream.

    Any liquid having a pH lower than 5.5 or higher than 9.0, or having any corrosive property capable of causing damage or hazard to the structures, equipment or personnel of the sewer system.

    Any radio-active isotopes for which a special permit has not been obtained from the approving authority.

    Any liquid or vapor having a temperature greater than 66 degrees centigrade.

    Any garbage that has not been properly ground.

    Any ashes, cinders, sand, mud, straw, shavings, metal, glass, rags, feathers, tar, plastic, wood, paunch manure, hair, or any other solid capable of causing obstruction to the flow in sewers or other interference with the proper operations of the sewer system.

    A.    None of the prohibitions contained in the foregoing portion of this section shall be construed as precluding any special agreement or arrangement between the City and any person, whereby an industrial waste of unusual strength or character may be admitted to the sewer system, either before or after pretreatment, provided that there is no impairment of the functioning of the sewer system by reason of the admission of such waste, and that no extra costs are incurred by the City without recompense by the person.

    B.    Review and acceptance by the approving authority shall be obtained prior tot he discharge into the public sewers of any water or waste containing (1) a total of more than thirty pounds of suspended solids in any one day; (2) a total of more than thirty pounds of B.O.D. in any one day; or (3) an average clow of 0.01 mgd or more.

Section 9.    Submission of information, pretreatment and installation of interceptors to protect sewer systems.

    A.    That where the approving authority reasonably determines that it is necessary to modify or eliminate wastes that are harmful to the structures, processes or operation of the sewer system, the person whose discharges are in question shall provide at his expense such preliminary treatment or processing facilities, as may be necessary to render his waste acceptable for admission to the public sewer. Such pretreatment may include, but is not limited to, the settling of all wastes containing soil, dirt or sand for a minimum of two hours in an acceptable basin before discharging to a sewer; or the passing of all industrial wastes through an approved self-cleaning 2.0 mesh screen, unless otherwise allowed by the approving authority.

    B.    Plans, specifications and any other pertinent information relating to proposed pretreatment or processing facilities prior to commencing their construction if  if the effluent from such facilities is to be discharged into the public sewers.

    C.    Within 15 days after passage of this ordinance, each person who discharged industrial waste into a public sewer shall prepare and file with the approving authority a report that shall include pertinent data relating to the quantity and characteristics of the waste discharged into the sewer system. Similarly, each person desiring to make a new connection to the sewer system for the purpose of discharging industrial wastes shall include actual or predicted data relating tot he quantity and characteristics of the waste to be discharged. However, when it can be demonstrated that circumstances exist which would create an unreasonable burden on the person involved, to comply with the time schedule specified in this subsection, a request for extension of time may be presented for consideration by the approving authority.

    D.    Grease, oil an sand interceptors or other necessary removal facilities shall be installed on the premises of a building used as a hotel, boarding house or restaurant, and when, as reasonably determined by the approving authority, they are necessary in other service lines for the proper handling of liquid wastes containing grease in excessive amounts, high concentrations of blood, fruit, vegetable or grain liquors, milk wastes, or any flammable wastes, sand and other harmful ingredients. All interceptors shall be of a type and capacity designated by the approving authority and shall be so located as to be readily and easily accessible for cleaning and inspection. Where installed, all grease, oil and sand interceptors shall be maintained by the owner or occupant, at his expense, in continuously efficient operation at all times.

Section 10.    Flow Measurement and Sampling of Industrial Waste.

    A.    Each person discharging industrial waste into a public sewer shall construct and maintain at this expense an approved measurement, sampling and sample storage station for all waster entering the public sewer. these facilities shall be used to obtain flow, B.O.D., and suspended solids data for use as a basis to compute the appropriate industrial waste sewer service charge.  All devises, access facilities and related equipment shall be installed by the person discharging the waste, as his expense, and shall be maintained by him so as to be readily accessible tot he approving authority during the operating day.  The flow measurement and sampling station shall be located and constructed in a manner approved by the approving authority.  Complete plans on all phases of the proposed installation, including all equipment proposed for use, shall be submitted to the approving authority for approval prior to construction. Each person discharging the waste shall keep flow records as required by the approving authority, and shall provide qualified personnel to properly maintain and operate the facilities.

    B.    In lieu of requiring the construction of a measurement, sampling and sample storage station, the approving authority may direct that each person discharging industrial wastes into a public sewer shall obtain sufficient composite samples on which to base the computation of the person's industrial waste service charge. The industrial waste charge shall  be computed using the metered water flow to the premises as a basis for waste flow and laboratory analysis of samples procured as directed by the approving authority, as a basis for computing B.O.D. and suspended solid content of the waste. Metered water flow shall include all water delivered to or used on the premises. Water not discharged to a public sewer may be separately metered at the person's expense to allow deduction of such flow from the total water used on the premises in computing the industrial waste sewer service charge. In the event that private water supplies are used, they shall be metered at the person's expense.

    C.    The approving authority may determine, by at least three composite waste samplings during a year, whether or not a waste discharge to a public sewer, based on either B.O.D. or suspended solids, exceeds 200 mg/1 organic load or the average flow exceeds 0.25 mgd. If three consecutive measurements by the City indicate that the  200 mg/1 organic load or the 0.25 mgd flow rate is being exceeded, then the waste shall be classified as industrial waste. Commercial users may have the option of using the commercial or industrial rates established herein.

    D.    The waste sample shall be collected and tests performed by the approving authority. Laboratory procedures used in the examination of industrial wastes shall be those set forth in "Standard Methods".  However, the approving authority shall approve alternate methods for certain analysis of industrial wastes if he can reasonably verify their accuracy.

Section 11.    Refusal of use of the system.    That the approving authority may prohibit the discharge into the public sewer of sewage that does not comply with the limits set forth in this ordinance.

Section 12.    Rate Schedules    The rates charged for sewage disposal through the Municipal Sewer System shall be as follows:

    A.    Connection Charges within City.    This section amended by Ordinance No. 166

    B.    Monthly Service Charge.    This section amended by Ordinance No. 153.

Section 13.    Billing and Collection Procedures.    The billing and collection procedures for the municipal services described above shall be as follows:

    A.    Billing Periods.    This paragraph amended by Ordinance No. 73.

    B.    Rendering of Bills.    All bills for water, garbage collection and sewer services shall be rendered during the last week of each calendar month, and shall state the charge for the billing period during which the bill is rendered.  The bills for each service may be consolidated on a single statement, so long as each service is separately identified and charged. Each statement shall plainly indicate that the bill becomes past due on the 15th day of the calendar month after which is was rendered.

    C.    Delinquencies.    If a bill has not been fully paid by the 15th day of the month after which it was rendered, a delinquency notice shall be promptly issued to the owner or occupant of the lot, property, building or residence in question. The delinquency notice shall state that the bill is overdue, and water service will be terminated and all deposits forfeited in the amount owed the City, as appropriate, on the last day of the month during which the delinquency notice is issued. the delinquency notice shall further state that a hearing on the delinquency may be conducted by the City Council upon request during the interim period extending from the delinquency date until the cut-off or deposit forfeiture date. If a bill is not fully paid by the last day of the month during which a delinquency notice was issued, and if a hearing has been conducted or has not been requested, water service shall be terminated if the owner or occupant of the lot, property, building or residence in question is a subscriber to the Municipal Water System, and all deposits held by the City Clerk shall be forfeited and applied to the outstanding balance of the bill, with any surplus refunded to the owner or occupant in question. If the deposit forfeiture is not sufficient to cover the outstanding balance on the bill the City may collect the remaining amount  through the court process, and the owner or occupant in question shall be liable to reimburse the City any costs which it hereby incurs, including a reasonable attorney's fee.

    D.    Restoration of Service.    In the event that water, garbage collection or sewer services are terminated, a fee of $5.00 for each terminated service shall be charged to the owner or occupant of the lot, property, building or residence in question for restoration of service upon payment of the delinquency owed for prior service.  In the event of any subsequent termination services, the restoration fee shall be $10.00 for each terminated service.

Section 14.    Enforcement;

    A.    Any violation of this ordinance shall be unlawful and punishable as a misdemeanor. Each day that such violation continues shall be deemed a separate offense.

    B.    Whenever it is determined by the approving authority, or his agent or representative, that any person has violated any provisions of this ordinance, a written citation containing a notice to appear in the Magistrate Division of the District Court of the Second Judicial District, State of Idaho, shall be served upon the person charged, stating the name of the person charged, the offense charged, the time when the person charged must appear in said court, and any other information that may be necessary. Provision for this method of enforcing the ordinance does not bar the City from employing any other legal method of initiating proceedings to enforce the ordinance.

    C.    It shall be unlawful, and punishable as a misdemeanor, for any person knowingly to fail to appear in response to a citation issued as provided above, regardless of the disposition finally made of the charge upon which the citation was issued.

            Appearance by an attorney shall be deemed an appearance by the person charged.

Section 15.    Repeal.    The conflicting provision of any prior ordinance is hereby repealed to the extent of such conflict.

Section 16.    Invalidation Clause.    That if any section, paragraph, clause or provision of this ordinance should be held invalid by any court of competent jurisdiction, for any reason, such holding shall not affect the validity of enforceability of any remaining provisions hereof.

Section 17.    Effective Date.    That the rule requiring an ordinance to be read on three separate days is hereby dispensed with, and this ordinance shall become effective upon its approval and publication as provided by law.

Section 18.    This section added by Ordinance No. 73

PASSED BY THE MAYOR AND CITY COUNCIL of the City of Riggins, Idaho on this 29th day of August, 1975.