This chapter shall be known as "Rules and Regulations for the
Operation of the Sewer Department of the City of Yamhill" and may
be so cited and pleaded.
(Ord. 371 §1.1, 1986; Ord. 427 §1, 1997)
The Sewer Department and all customers receiving service from
the Sewer Department, whether inside or outside the City limits, are
bound by these Rules and Regulations for the Operation of the Sewer
Department of the City of Yamhill.
(Ord. 371 §1.2, 1986; Ord. 427 §1, 1997)
Unless the context specifically indicates otherwise, the meaning
of terms used in this chapter shall be as follows:
means the quantity or oxygen utilized in the biochemical
oxidation of organic matter under standard laboratory procedure in
five days at 20 degrees Centigrade, expressed in parts per million
by weight.
means that part of the lowest horizontal piping of a plumbing
system which receives the discharge from soil, waste and other drainage
pipes inside the walls of the building and conveys it to the property
line of the abutting street, alley, or right-of-way.
means the City of Yamhill, Oregon.
means a sewer receiving both surface runoff and sewage.
means the Yamhill City Council.
is defined in Chapter 3.76 and shall be used throughout this title as the basic cost unit for various fees and charges imposed in connection herewith. In the event that a given site, facility or person receiving service from the City shall have at a single service location more than one EDU, whether of the same or different type, a charge shall be imposed for each EDU in accordance herewith.
means solid wastes from the preparation, cooking and dispensing
of food, and from the handling, storage and sale of produce.
means any single sewer user that contributes greater than
10% of the design flow or design pollutant loading of the sewage treatment
plant.
means any outlet into a watercourse, pond, ditch, lake or
other body of surface or groundwater.
means any property that is partly or wholly outside the boundary
of the City of Yamhill.
means any individual, firm, company, association, society,
corporation, or group.
means the logarithm of the reciprocal of the hydrogen ion
concentration and which is a measure of the acidity of alkalinity
of the sewage or industrial waste.
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.
means a sewer controlled by the City to which all owners
of abutting properties shall have equal rights to make connection
and to use, subject to rules, regulations, and ordinances of the City.
means a sewer which carries sanitary sewage and industrial
waste and to which storm, surface and groundwaters are not intentionally
admitted.
means a combination of the water-carried wastes from residences,
business buildings, institutions, and industrial establishments.
means any arrangement or devices and structures used for
treating sewage.
means all facilities for collecting, pumping, treating, and
disposing of sewage.
means a pipe or conduit for carrying sewage.
is mandatory; "May" is permissive.
means the City sewer between the property line and the lateral,
main, or trunk sewer of the City sewer system.
means a sewer which carries storm and surface waters and
drainage, but excludes sewage and polluted industrial wastes.
means that person designated by the governing body as having
charge of the use, maintenance, or operations of the City sewage works,
or the authorized deputy, agent, or representative of such person
or of the governing body.
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 and expressed in parts per million by weight.
means a channel in which a flow of water occurs either continuously
or intermittently.
(Ord. 371 §2.25, 1986; Ord. 427 §1, 1997)
Words, terms or expressions peculiar to the art or science of
sewerage not herein defined shall have the respective meanings given
in "Glossary, Water and Waste Control Engineering," published in 1969,
prepared by a joint committee representing the American Public Health
Association, American Society of Civil Engineers, American Water Works
Association and the Water Pollution Control Federation.
(Ord. 371 §2.26, 1986; Ord. 427 §1, 1997)
The owner of any building situated within the City and abutting
on any street, alley or right-of-way in which there is now located
a public sanitary sewer of the City is hereby required at his/her
expense to connect said building directly with the public sewer in
accordance with the provisions of this chapter, within 90 days after
date of official notice to do so, provided that said public sewer
is within 300 feet of the building.
(Ord. 371 §3.1, 1986; Ord. 427 §1, 1997)
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 any human or animal excrement, garbage, sewage or
other objectionable waste.
(Ord. 371 §3.2, 1986; Ord. 427 §1, 1997)
It is unlawful to discharge to any natural outlet within the
City any sanitary sewage, industrial wastes, or other polluted waters,
except where suitable treatment has been provided in accordance with
subsequent provisions of this chapter
(Ord. 371 §3.3, 1986; Ord. 427 §1, 1997)
In the event that connection is presently infeasible or impracticable,
the owner or the person lawfully in possession of the property may,
during the said period of 90 days, file written objections with the
City Council, stating therein the reason or reasons that said owner
believes that such connection should not be required. The City shall
not thereafter enforce the provisions of this chapter upon said owner
having filed such objections until the Council shall have, at a meeting
thereof, heard the objections of said owner, and rendered its decision
thereon. Such objections shall be heard by the Council not less than
10 days nor more than 60 days from and after the date of filing such
objections with the City. Not less than seven days prior to the date
set by the Council for hearing such objections, the City Recorder
shall give due notice of the date set therefor to the person filing
such objection. The decisions of the Council shall be final and no
recourse shall be available except as is provided by law. No exception
shall be granted based on mere inconvenience or expense.
(Ord. 371 §3.4, 1986; Ord. 427 §1, 1997)
The official notice to connect as set forth in Section 3.56.050 above shall be given by the City Recorder by individual notice to all owners of the property abutting any street, alley or right-of-way in which there is a public sanitary sewer of the City, or to which public sewer service is reasonably available, to connect within 90 days from the date of said notice, said notice may be published in a newspaper of general circulation within the City, for two successive weeks, if individual notice is not practicable and/or possible.
(Ord. 371 §3.5, 1986; Ord. 427 §1, 1997)
For good cause shown, the governing body may permit a reasonable
delay in making connection to the system, without penalty to the user.
(Ord. 371 §3.6, 1986; Ord. 427 §1, 1997)
No unauthorized person shall enter any City sewer, manhole,
pumping station, treatment plant, or appurtenant facility. No person
shall maliciously, willfully, or negligently break, damage, destroy,
uncover, deface or tamper with any structure, appurtenance, or equipment
which is a part of the City sewerage system.
(Ord. 371 §7.1, 1986; Ord. 427 §1, 1997)
No person other than an authorized employee or agent of the
City shall operate, change or affect the operation of any City sewer,
pumping station, treatment plant or pertinent facility.
(Ord. 371 §7.2, 1986; Ord. 427 §1, 1997)
(B)
The
penalties imposed by this chapter are not exclusive and shall be in
addition to and cumulative with any remedy for damages incurred by
the City by reason of such violation.
(Ord. 371 §7.3, 1986; Ord. 427 §1, 1997; Ord. 445 §10, 1998)
The Superintendent and other duly authorized employee of the
City bearing the proper credentials and identification shall be permitted
to enter all properties for the purposes of inspection, observations,
measurement, sampling, and testing in accordance with the provisions
of this chapter. The Superintendent or his/her representatives shall
have no authority to inquire into any processes including metallurgical,
chemical, oil, refining, ceramic, paper or other industries beyond
that point having a direct bearing on the kind and source of discharge
to the sewers or waterways or facilities for waste treatment.
(Ord. 371 §8.1, 1986; Ord. 427 §1, 1997)
While performing the necessary work on private properties referred to in Section 3.56.140 above, the Superintendent or duly authorized employees of the City shall observe all safety rules applicable to the premises established by the company and the company shall be held harmless for injury or death to the City employees and the City shall indemnify the company against loss or damage to its property by City employees and against liability claims and demands for personal injury or property damage asserted against the company and growing out of the gauging and sampling operation, except as such may be caused by negligence or failure of the company to maintain safe conditions.
(Ord. 371 §8.2, 1986; Ord. 427 §1, 1997)
The Superintendent and other duly authorized employees of the
City bearing proper credentials and identification shall be permitted
to enter all private properties through which the City holds a duly
negotiated easement for the purposes of, but not limited to, inspection,
observation, measurement, sampling, repair, and maintenance of any
portion of the sewage works lying within said easement. All entry
and subsequent work, if any, on said easement, shall be done in full
accordance with the terms of the duly negotiated easement pertaining
to the private property involved.
(Ord. 371 §8.3, 1986; Ord. 427 §1, 1997)
Any person found to be violating any provision of Chapters 3.56 through 3.76, except Sections 3.56.100, 3.56.120, and 3.56.130, shall be served written notice stating the nature of the violation and providing a reasonable time limit, as may be determined by the Superintendent, for the satisfactory correction thereof. The offender shall, within the period of time stated in such notice, permanently cease all violations.
(Ord. 371 §9.1, 1986; Ord. 427 §1, 1997; Ord. 445 §11, 1998)
(B)
The
penalties imposed by this chapter are not exclusive and are in addition
to any other remedies available under City ordinance or state statute.
(Ord. 371 §9.2, 1986; Ord. 427 §1, 1997; Ord. 445 §12, 1998)
Any person violating any of the provisions of this chapter shall
become liable to the City for any expense, loss, or damage occasioned
by the City by reason of such violation.
(Ord. 371 §9.3, 1986; Ord. 427 §1, 1997)
All provisions of this chapter are severable. It being the intent
of the City Council to enact this chapter, notwithstanding any parts
declared invalid or unconstitutional, if any chapter, section, subsection,
paragraph, or provision of this chapter is so declared unconstitutional
or invalid by a court of competent jurisdiction, such decision shall
not affect or invalidate the remaining portions of this chapter.
(Ord. 371 §12.0, 1986; Ord. 427 §1, 1997)
