Chapter SEWER CODE [164]

Transcription

1 [164] (164) Cross reference Code enforcement, CBJ Code ch ; sewer code, CBJ Code ch Short title; policy Definitions Application for service Service connection charges Use of public sewers required Private sewage disposal Building sewers Use of public sewers; regulations Prohibited discharges Service lines Customer lines Sewer mains; damages Power and authority of inspectors Schedule of rates and charges; establishment; delinquencies Billing adjustments Sewer utility; interest on delinquent accounts Sanitary facilities; nuisance declared Maintaining nuisance; failure to close building unlawful Violations; notice; liability Short title; policy. (a) Title. This ordinance codified in this chapter shall be known as the "City and Borough of Juneau Sewage Works Utility Ordinance" and may be so cited. (b) Policy. The City and Borough shall furnish public sewer trunk lines and main lines as funds are made available. Service lines which run from the user's building to the main line in the public right-ofway shall be installed in accordance with the provisions in this chapter. The City and Borough shall not be obligated to go upon or across any private property in order to furnish sewer service. (JCC 8-3-1; Serial No , 2, 1987) Definitions. The following words, terms and phrases when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Assembly means the assembly of the City and Borough. BOD (denoting biochemical oxygen demand) means the quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory procedure in five days at 20 degrees Celsius, expressed in parts per million by weight. Page 1 of 12

2 Building sewer means that part of the lowest horizontal piping which receives the discharge from soil, waste, and other pipe inside the walls of the building and conveys it to the public sewer. City and borough means the City and Borough of Juneau, Alaska, a municipal corporation. Commercial means any premises used for commercial or business purposes. Customer means any person, firm, association, corporation, or government agency which is provided sewer service from the public works department. Customer line means the sewage pipe, including clean out, extending from the service line to the premises served. Director means the director of public works or the director's designee. Industrial means any premises used for manufacturing or industrial purposes. Inspector means the person or persons in the City and Borough department of public works duly authorized by the City and Borough to inspect and approve the installation of building sewers and their connection to the public sewer system. Flat commercial service means a customer class for commercial, government, and non-profit business customers that do not utilize water in excess of 4,000 gallons in any month. Flat residential service means a customer class for single-family dwellings, and each unit within a mobile home park unit. Metered commercial (domestic) service means a customer class for commercial, government, or nonprofit business customers that utilize water in excess of 4,000 gallons in any month; and that have BOD levels less than 300 mg/l, and TSS levels less than 350 mg/l. Metered commercial (high) means a customer class for commercial, government, or non-profit business customers that utilize water in excess of 4,000 gallons in any month; and that have BOD levels in excess of 300 mg/l, or TSS levels in excess of 350 mg/l. Metered residential service means a customer class for single-family dwellings with accessory apartments, duplex dwellings, bed and breakfast businesses, and multi-family residential buildings with three or more dwelling units. Patron area means the bars, seating area, hallways, lobbies, foyers, dining area, public restrooms, and similar areas within a facility, but does not include food preparation areas, storage areas, and other areas to which patrons do not have regular access. Person means any individual, firm, company, association, society, corporation or group. ph means the common logarithm of the reciprocal of the weight of hydrogen ions in grams per liter of solution. Properly shredded garbage means the wastes from the preparation, cooking, and dispensing of food that have been shredded to such degree that all particles will be carried freely under the flow conditions normally prevailing in public sewers, with no particle greater than one-half inch in any dimension. Public sewer means a sewer in which all owners of abutting properties have equal rights and is Page 2 of 12

3 controlled by public authority. Septage hauling service means a customer class for private, commercial, government, or non-profit business customers that deliver septage waste to the sanitary system whose wastewater discharge, which may include, but not be limited to, liquid pumped from on-site sewer treatment system, grease traps, portable toilets, and other organic waste products. Volume charge is the charge for each 1,000- gallon increment, or fraction thereof, delivered. Service lines mean the sewage pipe laid from the sewer main to the right-of-way line. Service unit means a unit or measure which is equivalent to the sewer usage of an average singlefamily unit. Sewage means a combination of the water-carried wastes from residences, business buildings, institutions and industrial establishments, together with such ground, surface, and stormwaters as may be present. Sewage works means all facilities for collecting, pumping, treating and disposing of sewage. Sewer means a pipe or conduit for carrying sewage. Sewer mains and main mean the pipe laid for the purposes of carrying sewage discharged from service lines. Suspended solids (SS) means solids that either float on the surface of, or are in suspension in, water, sewage, or other liquids, and which are removable by laboratory filtering. (JCC 8-3-2; Serial No , 3, 1987; Serial No , 5, 1994; Serial No am, 4, ; Serial No , 2, ) Cross reference Definitions generally, CBJ Code Application for service. The utility will require each prospective customer to sign an application for sewer service and to pay a service connection charge. Application must be made in writing on a standard form at the office of the City and Borough building official. (JCC 8-3-3) Service connection charges. (a) Generally. A person applying for sewer service to property not previously connected to the municipal sewer system shall pay a sewer connection charge. The engineer shall in each case charge an amount sufficient to pay for the cost of inspecting the customer line from the street to the building proposed to be served. If a service line from the main to the property has not previously been installed, the applicant shall secure all necessary permits and complete the installation at no expense to the City and Borough. (b) Assessment against property not previously assessed in local improvement districts. In addition to the sewer connection charge, property proposed for connection to the public sewer system and not previously assessed therefor shall be assessed: Page 3 of 12

4 (1) One thousand dollars for a lot containing a single-family residence; (2) Five hundred dollars for a lot containing a multifamily residence plus $ for each unit in the residence, up to four units; or (3) For lots containing a multifamily residence with five or more units, or any nonresidential structure, the assessment shall be $1, for the first 20 fixture units, or fraction thereof, and $ for each additional 20 fixture units or fraction thereof, as determined from the "Drainage System Fixture Unit Equivalent" table in the Uniform Plumbing Code. Such charges shall be assessed and payable at the time of application for connection to the public system and shall be a lien against the property in the same manner and to the same extent as the lien for special assessments and shall be enforced in the manner provided for special assessment liens. If, after initial assessment hereunder, existing structures are expanded or new structures are added to the lot, the assessment shall be increased according to the number of fixture units as provided herein. Additional lots or tracts subdivided from a parcel assessed in accordance with this section shall be assessed in the same manner. (c) Assessment against property previously included in a local improvement district and thereafter subdivided. If property assessed on a per-lot basis in a local improvement district is thereafter subdivided, the additional lots shall be assessed at the time a building permit is issued according to paragraph (b) of this section. (CBJ Code 1970, , ; Serial No. 71-7, 3, 1971; Serial No , 2, 1977; Serial No , 4, 5, 1987; Serial No , 2, 1992; Serial No , 2, 1992; Serial No , 2, 1994; Serial No , 2, 1996) Use of public sewers required. (a) The owner of any house, building, or other structure in which plumbing fixtures have been or are to be placed shall be required to connect to the public sewage system within 90 days after written notice that sewer service is available, provided a public sewer is within 200 feet of such structure. The owner shall decommission all on-site treatment systems prior to connection to the public sewer. (b) It is unlawful for any person to place, deposit or permit to be deposited in an unsanitary manner upon public or private property within the City and Borough, or on City and Borough property or in any area under the jurisdiction of the City and Borough, any human or animal excrement, garbage or other objectionable waste which ordinarily would be regarded as sewage or industrial wastes. (c) Except as provided in this chapter, it is unlawful to construct or maintain any privy, privy vault, septic tank, cesspool or other facilities intended or used for the disposal of sewage. (JCC 8-3-5; CBJ Code 1970, ; Serial No. 71-7, 3, 1971; Serial No , 6, 1987; Serial No , 2, ) Private sewage disposal. (a) When a public sanitary or combined sewer is not available under the provisions of section , the building sewer shall be connected on a private sewage disposal system which shall be examined by an inspector to ensure compliance with all requirements of pertinent ordinances, rules, regulations or statutes. (b) At such times as a public sewer becomes available to a property served by a sewage disposal Page 4 of 12

5 system as provided in section , a direct connection shall be made to the public sewer in compliance with this chapter, and any septic tanks, cesspools and similar private sewage disposal facilities shall be abandoned and filled with suitable material. (c) Except as provided in (e) of this section, the owner shall operate and maintain the private sewage disposal facilities in a sanitary manner at all times, at no expense to the City and Borough, and all such private sewage facilities, as herein provided, shall be the responsibility of the user or owner of the private sewage disposal system, and the City and Borough is in no way responsible for any maintenance or repair, or stoppage or breakage, nor for any damages resulting therefrom, in such private sewage disposal systems. (d) No statement contained in this section shall be construed to interfere with any additional requirements that may be imposed by municipal or state health officials. (e) The department is authorized to enter into contracts with property owners to operate, maintain, or monitor private sewage disposal systems under regulations adopted by the Manager pursuant to CBJ (f) Violation of a regulation adopted pursuant to subsection (e) of this section is an infraction. (JCC 8-3-6; Serial No (b), 2, ) Building sewers. (a) A separate and independent building sewer shall be provided for every building; exceptions will be allowed only by special permission granted by the director of public works for good cause shown. (b) Old building sewers or portions thereof may be used in connection with new buildings only when they are found on examination and test by the inspector to meet all requirements of this chapter. (c) All excavations for building sewer installation shall be adequately guarded with barricades and lights so as to protect the public from hazard. Streets, sidewalks, parkways and other public property disturbed in the course of the work shall be restored in a manner satisfactory to the City and Borough. (d) All building sewers shall have a cleanout accessibly located at the property line of a size and design acceptable to the director of public works. (JCC 8-3-7) Use of public sewers; regulations. (a) No persons shall discharge or cause to be discharged to any public sewer any harmful waters or wastes, whether liquid, solid or gas, capable of causing obstruction to the flow in the sewers, damage or hazard to structures, equipment and personnel of the sewage works, or other interference with the proper operation of the sewage works. (b) Grease, oil and sand interceptors shall be provided when, in the opinion of an inspector, they are necessary for the proper handling of liquid wastes containing grease in excessive amount or any flammable wastes, sand and other harmful ingredients except that such interceptors shall not be required for private living quarters or dwelling units. Where installed, they shall be maintained by the owner, at the owner's expense, in continuously efficient operation at all times. Page 5 of 12

6 (c) The admission into the public sewers of any waters or wastes having (i) a five-day biochemical oxygen demand greater than 300 parts per million by weight, or (ii) containing more than 350 parts per million by weight of suspended solids, or (iii) containing any quantity of substances having the characteristics described in section , or (iv) having an average daily flow greater than two percent of the average daily sewage flow of the City and Borough, shall be subject to the review and approval of the director of public works. Where necessary in the opinion of the director of public works, the owner shall provide, at the owner's expense, such preliminary treatment as may be necessary to (i) reduce the biochemical oxygen demand to 300 parts per million and the suspended solids to 350 parts per million by weight, or (ii) reduce objectionable characteristics or constituents to within the maximum limits provided for in section , or (iii) control the quantities and rates of discharge of such waters or wastes. Plans, specifications, and any other pertinent information relating to proposed preliminary treatment facilities shall be submitted for the approval of the director of public works and of the commissioner of the state department of health and welfare, and no construction of such facilities shall be commenced until the approvals are obtained in writing. (d) Where preliminary treatment facilities are provided for any waters or wastes, they shall be maintained continuously in satisfactory and effective operation by the owner at the owner's expense. Preliminary treatment facilities shall not be permitted for or in residential neighborhoods. (e) When required by the director of public works, the owner of any property served by a building sewer carrying industrial wastes shall install a suitable control manhole in the building sewer to facilitate observation, sampling and measurement of the wastes. Such manhole, when required, shall be accessibly and safely located, and shall be constructed in accordance with plans approved by the director of public works. The manhole shall be installed by the owner at the owner's expense, and shall be maintained by him or her so as to be safe and accessible at all times. (f) No unauthorized person 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 director of public works. (g) No person shall cause or permit any foundation drain, areaway drain or other source of rainwater runoff or ground water to be connected into, or to remain connected into, any public sewer or lateral sewer tributary to any public sewer, unless such public sewer is designated by the manager as a storm sewer or combined sanitary and storm sewer. (JCC 8-3-8; Serial No , 3, 1974; Serial No , 3, ) Prohibited discharges. Except as provided in this chapter, no person shall cause to be discharged or allowed to be discharged into its sewer line or system any of the following described waters or wastes: (1) Any liquid or vapor having a temperature higher than 200 degrees Fahrenheit; (2) Any water or waste which may contain more than 50 parts per million, by weight, of fat, oil or grease; (3) Any gasoline, benzene, naphtha, fuel oil or other flammable or explosive liquid, solid or gas; (4) Any garbage that has not been properly shredded; (5) Any ashes, cinders, sand, mud, straw, shavings, metal, glass, rags, feathers, tar, plastics, Page 6 of 12

7 wood, paunch manure or any other solid or viscous substance capable of causing obstructions to the flow in sewers or other interference with the proper operation of the sewage works; (6) Any waters or wastes having a ph lower than 4.0 or higher than 12.0 or having any other corrosive property capable of causing damage or hazard to structures, equipment and personnel of the sewage works; (7) Any waters or wastes containing a toxic or poisonous substance in sufficient quantity to injure or interfere with any sewage treatment process, constitute a hazard to humans or animals, or create any hazard in the receiving waters of the sewage treatment plant; (8) Any waters or wastes containing suspended solids of such character and quality that unusual attention or expense is required to handle such materials at the sewage treatment plant; (9) Any noxious or malodorous gas or substance capable of creating a public nuisance. (JCC 8-3-9) Service lines. The service lines are the property of the municipality. The owner of the premises served shall reimburse the municipality for its actual cost of maintenance and repairs, plus ten percent for administration and inspection costs. The manager or the manager's designee may, in lieu of payment, authorize the owner of the premises served to perform maintenance and repair to the service line; provided, such work is performed to the satisfaction of the manager or the manager's designee. (Serial No , 7, 1987) Customer lines. Customer lines shall be installed, maintained, and repaired by the owner of the premises served. (Serial No , 8, 1987) Sewer mains; damages. The City and Borough shall not be held responsible or liable for any claim or action due to or arising from any suspension of operation, breakage, unavoidable accident or injury of any kind occurring to, or caused by the sewer mains by an act of God, beyond the City and Borough's control, or caused by the elements, strikes, riots or a public enemy. (JCC ) Power and authority of inspectors. The department of public works inspectors and other duly authorized employees of the City and Borough bearing proper credentials and identification shall be permitted to enter upon all properties, at reasonable hours, for the purpose of inspection, observation, measurement, sampling and testing, in accordance with the provisions of this chapter. (JCC ) Page 7 of 12

8 Schedule of rates and charges; establishment; delinquencies. (a) The schedule for sewer rates and charges shall be as follows: (1) Residential customer service unit equivalents: (A) Single-family dwellings not qualified under subsection (a)(1)(b) of this section: for each single-family dwelling, one service unit. (B) Single-family dwellings served by municipally-maintained collection and distribution systems, but owner-maintained on-lot treatment systems: for each single-family dwelling, twelve-thirteenths of a unit. (2) Commercial customer service unit equivalents: (A) Retail stores and warehouses shall be charged one service unit for up to the first six persons employed on the premises; for each additional increment of six persons employed or fraction thereof, one service unit. (B) Hotels, motels and dormitories: for each room or unit served by a bathing and/or toilet facility in a hotel, motel (motor inn or motor court), or dormitory, one-half service unit. Hotels or motels with cooking facilities will be charged an additional three-tenths service unit for each room with cooking facilities. (C) Trailer courts and mobile home parks: for each rental space in a trailer court, mobile home park, or other premises where sewer service is available to a space which is or may be used for living purposes, one service unit. (D) Dining facilities: for the first 200 square feet of patron area or fraction thereof in a dining facility, including restaurants, bars, cafeterias, taverns, one service unit; for each additional 200 square feet of patron area or fraction thereof, one service unit. (E) Hospitals, rest homes and convalescent homes: for each three beds in a hospital, rest home or convalescent home, or similar facility, one service unit. For each additional increment of three beds or fraction thereof, one service unit. (F) Gas stations: for each three gasoline pumps in a gas station, one service unit. For each additional increment of three pumps or fraction thereof, one service unit. (G) Schools: (i) Public or private high schools or colleges: for each 20 persons in average daily fulltime attendance at a public or private high school or college, one service unit. (ii) Public or private elementary schools: for each 40 persons in average daily attendance at a public or private elementary school, one service unit. Average daily attendance shall be based on annual attendance. The term "persons," as used in this subsection, includes students, teachers, and all school staff and administration. (H) Churches: for each church, one service unit. (I) Offices, theaters and auditoriums: for each 3,500 square feet of net floor area or fraction Page 8 of 12

9 thereof, one service unit. (J) Laundromats: for each washing machine in a commercial laundromat or other washing facility, the use of which is not strictly limited to occupants of the residential building, trailer court, or mobile home park in or on which the facility is located, three-fourths of a service unit. (K) Recreational vehicle parks: for each recreational vehicle space, eight-tenths units. (L) Combined facilities: for each building which has more than one type of business or function on one sewer system, the number of service units will be charged the sum of the individual service units which are applicable to the facilities involved. (M) In any case where a customer is not specifically listed above, the manager or the manager's designee may determine which category, (A) through (L), the customer most closely resembles in quantity and quality of sewage output and classify each customer accordingly. (N) Minimum charge is one service unit per customer. (O) When a building is devoted to a business involving special water-consuming devices or equipment, the manager or the manager's designee may establish a special rate therefor pursuant to the formula contained in subsection (a)(3) of this section. (3) Industrial customers: Customers in the industrial category shall pay a metered rate according to the following formula: Monthly Rate = Vo V1 + bo B1 + so S1 Vo = Average unit costs of transport and treatment chargeable to volume, $/gallon bo = Average unit costs of treatment, chargeable to BOD, $/pound so = Average unit costs of treatment, chargeable to SS, $/pound V1 = Volume of wastewater from industrial users, gallons/month B1 = Weight of BOD from industrial users, pounds/month S1 = Weight of SS from industrial users, pounds/month BOD = Five-day biochemical oxygen demand SS = Suspended solids (4) Rate: Commencing July 1, 2011, customers shall pay for sewer service at the following rates: Water Utility Rate Schedule Customer Class Monthly RATES Page 9 of 12

10 Allowance (Gallons) Allowance (Gallons) Base (per month) Volume Charge (per 1,000 gallons) Flat Reside ntial Metere d Reside ntial Flat Comme rcial Metere d Comme rcial (Domes tic) Metere d Comme rcial (High) Septag e Hauling $ ,000 $64.13 $8.53 $ ,000 $64.13 $8.53 4,000 $64.13 $8.53 $24.35 (b) In the event the charges for sewage service are not paid within 25 days after billing, such charges shall be deemed and are declared to be delinquent and if a lien has been recorded, such delinquency shall constitute a lien upon the real estate for which such service is supplied. (c) All sewerage service may be discontinued without further notice if the rates or charges for such service are not paid within 30 days after rendition of the bill therefor. If such service is discontinued, the applicable provisions of sections and shall apply. (d) The sewer utility may, but is not required to, provide miscellaneous sewer services on a timeavailable basis. The fee for such services shall be the actual cost to the municipality to perform the work plus a ten percent administrative fee. Except in an emergency which the sewer utility determines may threaten the property of the utility or poses a substantial threat to the health, safety or welfare of a Page 10 of 12

11 customer, these services shall be scheduled and performed during regular working hours on a firstcome, first-served basis. (e) The rates and charges herein established shall be collected from the owner, occupants and users of the premises within the jurisdiction of the City and Borough from and after the effective date of this chapter. Passage and publication of this chapter shall be deemed notice to all owners of real estate of their liability of sewerage service supplied to any occupant or user of such service on their property. (JCC ; Serial No , 9, 10, 1987; Serial No , 2, 1987; Serial No , 2, 1988; Serial No , 2, 3, 1989; Serial No , 2, 1991; Serial No , 2, 1992; Serial No , 3, 1993; Serial No am, 2, 1999; Serial No , 2, ; Serial No am, 5, ; Serial No , 3, ; Serial No , 3, 5, ) Editor's note Ordinance Serial No , Secs. 3 and 5, amend section (a)(4) and become effective October 1, 2010 and July 1, 2011 respectively Billing adjustments. (a) Where it can be shown to the satisfaction of the City and Borough that a significant portion of the water consumed on the premises does not enter the sewer system, then the City and Borough may require or shall permit the installation of meters or other devices as may be deemed necessary to establish the portion that does enter the sewer system, and the billing procedures adjusted accordingly. All such additional metering facilities or other devices will be provided by the owner of the premises concerned or other interested parties at no expense to the City and Borough. (b) No credit, adjustment or refund will be made to any customer because the customer's premises or any part thereof are vacant unless the premises are disconnected from the City and Borough's sewer system as provided herein. Premises will be presumed to be effectively disconnected and sewer service billing may be terminated upon receipt of a written request of the user if the manager or the manager's designee finds: (1) That the building is vacant; (2) That the only source of water for the building is a municipally owned water system; and (3) That the property has been disconnected from such water system. (Serial No , 11, 1987) Sewer utility; interest on delinquent accounts. Except when otherwise provided by law or specifically provided by ordinance, resolution or a written agreement, interest at the rate of 12 percent per year shall accrue on all unpaid fees, charges and assessments not paid when due. (Serial No , 12, 1987; Serial No , 4, 1993) Sanitary facilities; nuisance declared. Any occupied dwelling house or structure, or any dwelling house or structure intended for human occupancy, within the jurisdiction of the City and Borough, the toilet facilities whereof are not connected Page 11 of 12

12 with the City and Borough sewer system as required in section , or are not in serviceable working order; or the toilet facilities whereof consist of a privy without adequate antiseptic treatment of human excrement; or the toilet facilities whereof are so designed as to permit human excrement or waste matter to fall onto the beach, water, ground or any pit below; or the toilet facilities whereof, or the disposal of human excrement therefrom, are in anyway unsanitary, malodorous, or dangerous to health or safety, shall be and is deemed and declared a common or public nuisance. Any common or public nuisance, as defined herein, found within the jurisdiction of the City and Borough, shall summarily be ordered closed to occupancy by the chief of police after the expiration of the notice period set forth in section and in subsection (b), until the toilet facilities of the dwelling house or structure shall have been connected with the City and Borough sewer system if required by section , or are in serviceable order, or both. (JCC ) Maintaining nuisance; failure to close building unlawful. It is unlawful for any person to maintain, lease or use for human occupancy any dwelling house or structure which is a common or public nuisance as defined herein; or for any person maintaining, leasing or using for human occupancy any such dwelling house or structure which is a common or public nuisance, to fail or refuse forthwith to close the dwelling house or structure for human occupancy when ordered to do so by any police officer of the City and Borough. (JCC ) Violations; notice; liability. (a) Any person found to be violating any provisions of this chapter, except section , shall be served by the City and Borough with written notice stating the nature of the violation and providing a reasonable time limit for the satisfactory correction thereof. The offender shall, within the period of time stated in such notice, permanently cease all violations. (b) It is unlawful for any person to continue any violation of which that person has received notice beyond the period specified in such notice. Such period shall not apply when the violation constitutes a clear and present danger to the public health; such clear and present danger shall be unlawful from its inception, and subject to summary abatement, or to the applicable provisions of sections and (c) It is unlawful for any person, without authority from the public works department, to connect to or operate, or to damage, alter or otherwise tamper with any sewer line, service line, clean out, lift station, or other public works department equipment or facility. (d) Any person who violates any of the provisions of this chapter is guilty of a Class B misdemeanor and shall be liable to the City and Borough for any expense, loss, or damage occasioned by the City and Borough by reason of such violation. A separate offense shall be deemed committed on each day during which a violation occurs or continues. (JCC ; Serial No , 12, 1985; Serial No , 13, 1987) Page 12 of 12