As used in this chapter:
means the system which receives sewage inside the walls of
the building and conveys it to the service lateral.
means the City of Milwaukie, Oregon.
means a sewer to which one or more service laterals are tributary
and which serves a local neighborhood.
means the City of Milwaukie, Public Works Department.
means the City Public Works Director or duly authorized representative.
means a sewer which receives sewage from a number of trunk
sewers or other outlets and conducts the sewage to a point for treatment
or disposal.
means any outlet into a watercourse, pond, ditch, lake, or
other body of surface or groundwater.
means a sewer which receives sewage from a collecting system
and carries it to a point of final discharge.
means any individual, firm, company, association, society,
corporation, or group.
means the owner as shown in the Clackamas County Assessor's
records, a contract purchaser or the owners authorized agent.
means a pipe or conduit which carries sewage and to which
stormwaters, surfacewaters, and groundwaters are not intentionally
admitted.
means the extension from a building drain to the trunk or
collection sewer.
means the water-carried wastes from residences, business
buildings, institutions, and industrial establishments.
means the Kellogg Treatment Plant owned and operated by Clackamas
County Service District No. 1.
means all facilities for collection, pumping, treating, and
disposing of sewage.
means the examination and 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.
means a pipe or conduit which carries stormwaters and surfacewaters
and drainage, but excludes sewage and polluted industrial wastes.
means a sewer to which one or more collector sewers are tributary
and which serves a large territory.
(Ord. 1548 § 1, 1983)
A.
All
structures containing sanitary facilities which are located within
200 feet of a sewer line shall be connected to the sewer system. Connection
to the public sewer system for new buildings or structures is required
prior to the issuance of a certificate of occupancy. Connection to
the public sewer system for existing buildings or structures is required
at the first occurring of:
1.
April
1, 2001 for structures located within 200 feet of a sewer line that
was accepted by the City on or before April 1, 1998;
2.
Three
years from the date that a sewer line is accepted by the City for
sewer lines accepted after April 1, 1998;
3.
Failure
of a private cesspool or sewage system when the City, through its
Building Official, has declared the failure.
B.
No
person shall maintain or construct any septic tank or other facility
intended or used for the disposal of sewage.
C.
No
person shall discharge any sewage into any storm drain or natural
drainage outlet.
D.
The
City may adopt policies to assist the connection of property not connected
to the sewer system on the effective date of the ordinance codified
in this chapter. These policies may provide for an amortization period,
City loans or any other assistance deemed necessary by the City.
(Ord. 1548 § 2, 1983; Ord. 1587, 1986; Ord. 1587A, 1986; Ord. 1827 § 1, 1998)
A.
No
person, firm, or corporation shall construct or reconstruct any sanitary
or storm drains within the City on private property or in public ways
without first making application and securing a permit from the department.
B.
Applications
for permits to construct or reconstruct sanitary sewers or storm drains
shall be made in writing in a form prescribed by the Director, giving
the location of the property, the name of the owner, the name of the
person or firm engaged to construct or reconstruct the proposed sanitary
sewer or storm drain and such other information and plans as may be
prescribed by the Director.
C.
The
applicant upon approval of permit shall pay all applicable fees established
by resolution of the City Council. If excavation work in the public
right-of-way is required, the applicant shall deposit a cash bond
in the amount designated by the department.
D.
All
costs and expenses incidental to the installation of the building
sewer connection shall be borne by the applicant for connection. The
applicant shall indemnify the City from any loss or damage that may
directly or indirectly be occasioned by the installation.
E.
A separate
building sewer connection shall be provided for every building, unless
otherwise authorized in writing by the Director.
F.
Existing
building sewers may be used in connection with new buildings only
when they are found, on examination and tests, to meet all the requirements
of the Department.
G.
All
design, construction, and materials and repairs shall conform to the
department design and construction standards.
H.
Emergency
repairs may be made without first obtaining a permit providing that
the owner or representative shall obtain a permit at the earliest
time of the next normal business day of the City immediately following
the repairs.
I.
The
sewer system user at all times shall at their expense, operate, and
maintain the service lateral and building sewer in a sanitary manner
to the collection trunk or interceptor sewer at no expense to the
City.
(Ord. 1548 § 3, 1983; Ord. 1709 §§ 1, 2, 1991)
A.
The
Director and other duly authorized employees of the City bearing proper
credentials and identification shall be permitted to enter upon all
properties for the purposes of inspection, observation, measurement,
samplings, and testing.
B.
It
shall be the permittee's or representative's responsibility to request
inspection of the work and to allow reasonable time for the City to
schedule the inspection. Inspections shall be requested for and made
during the normal business hours of the City. Should inspections be
required during nonbusiness hours, the permittee shall reimburse the
City for all overtime costs incurred.
(Ord. 1548 § 4, 1983)
A.
No
person shall receive compensation for the installation or repair of
any sanitary sewer or storm drain unless he or she has a current City
business license.
B.
This
section shall not apply to employees and agents of the City.
(Ord. 1548 § 5, 1983)
A.
No
person shall discharge or cause to be discharged any stormwater, surface
water, groundwater, roof runoff, cooling water, or unpolluted industrial
process waters to any sanitary sewer. In the event the sewer system
user fails to comply with any order requiring disconnection or it
is impractical to require the disconnection of any storm drain from
the sewer system, the sewer user shall be required to pay a surcharge
for such use of the system as established by resolution of the Council.
B.
Stormwater
and all other unpolluted drainage shall be discharged to such sewers
as are specifically designated as storm drains to a natural outlet
or into drywells as approved by the Director.
C.
Except
as provided in this section, no person shall discharge or cause to
be discharged any of the following waters or wastes to any public
sewer:
1.
Any
liquid or vapor having a temperature higher than 150 degrees Fahrenheit;
2.
Any
water or waste which may contain more than 100 parts per million (1,000,000),
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, wood, paunch manure, or any other solid or viscous
substance capable of causing obstruction to the flow in sewers or
other interference with the proper operation of the sewer system;
6.
Any
waters or wastes having pH lower than 5.5 or higher than 9.0 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
or constitute a hazard in the receiving waters of the sewage treatment
plant;
8.
Any
waters or wastes containing suspended solids of such character and
quantity 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;
10.
Any material from septic tanks or recreational vehicle holding tanks.
D.
(Repealed
by Ord. 1972)
E.
No
unauthorized person shall maliciously, wilfully, or negligently break,
damage, destroy, uncover, deface, or tamper with any structure, appurtenance,
or equipment which is a part of the sewer system.
F.
Industrial
and commercial sewage shall be monitored in accordance and must comply
with the treatment regulations of Clackamas County Service District
No. 1.
G.
The
Director may adopt specifications and additional regulations consistent
with City ordinances to carry out the purpose of this chapter. A copy
of such additional material shall be maintained in the Department.
(Ord. 1548 § 6, 1983; Ord. 1709 §§ 3, 4, 1991; Ord. 1972 § 1, 2007)
A.
Purpose
In order to provide for the public health and welfare, to ensure
the adequate maintenance and operability of the wastewater collection
and treatment infrastructure, and to comply with the laws and regulations
of the State of Oregon, Clackamas County Service District No. 1, and
the United States, it is necessary to set uniform requirements for
all users of the City's sanitary sewer system to include, but not
limited to, the following:
1.
To
establish the appropriate authority for the City to condition or deny
discharges to the City sewer system;
2.
To
prevent the introduction of excessive amounts of grease into the City
sewer system;
3.
To
prevent the clogging or blocking of the City sewer lines due to grease
buildup that cause backup and flooding of streets, residences, and
commercial buildings;
4.
To
implement a set of procedures to recover the costs incurred when grease
blockages require the City to engage in cleaning and maintenance of
sewer lines and the disposal of grease blockages;
5.
To
implement a procedure to recover costs from the parties responsible
for contributing waste products to the City system for the cost of
any liability incurred by the City for damage caused by grease blockages
resulting in the flooding of streets, residences, or commercial buildings;
6.
To
establish enforcement procedures for violations of any part or requirement
of this section; and
7.
To
establish the authority for the City to carry out routine and nonroutine
monitoring (sampling and inspections) of the grease traps of any food
service facility either in the City or outside, that contributes waste
products that enter the City system.
B.
Applicability.
The terms and conditions of this section shall apply to all food service
facilities.
C.
"City"
"Discharger"
"FOG best management practices"
"Food service facility" or "facility"
"Garbage disposal"
"Gray water"
"Grease"
"Grease interceptor" or "interceptor"
"Grease trap" or "trap"
"Grease trap service company"
"Waste grease"
Definitions.
means the City of Milwaukie Oregon, employees of the City,
or an authorized agent of the City.
means the food service facility that is discharging gray
water to the City sewer system.
means practices undertaken at food service facilities proven
effective to minimize the adverse impacts of the discharge of fats,
oil, and grease into the municipal waste water systems and the environment.
means any business which prepares and/or packages food or
beverages for sale or consumption, on or offsite, with the exception
of private residences. Food service facilities shall include, but
are not limited to, food preparation facilities, food courts, food
manufacturers with an average daily discharge volume of up to 25,000
gallons per day, food packagers, restaurants, cafeterias, grocery
stores, convenience stores, coffee shops, bakeries, lounges, hospitals,
hotels, nursing homes, churches, schools, and all other food service
facilities not listed, herein.
means a device which shreds or grinds up waste materials
into smaller portions for discharge into the City's sanitary sewer
system.
means all of the liquid contained in a grease interceptor
that lies below the floating grease layer and above the food solids
layer.
means a material either liquid or solid, composed primarily
of fat, oil, and grease from animal or vegetable sources. The terms
"fats, oils, and grease (FOG)," "oil and grease," or "oil and grease
substances" shall all be included within this definition.
means a device located underground and outside of the food
service facility designed to collect, contain or remove food wastes
and FOG from the wastestream while allowing the balance of the liquid
wastes (gray water) to discharge to the wastewater collection system
by gravity. Interceptors shall have at least one inspection hatch
on the top surface to facilitate inspection, cleaning, and maintenance.
means a device located in a food service facility or under
a sink designed to collect, contain, or remove food wastes and FOG
from the wastestream while allowing the balance of the liquid waste
(gray water) to discharge to the wastewater collection system by gravity.
Traps shall have a removable lid on the top surface to facilitate
inspection, cleaning, and maintenance.
means a person or company who provides maintenance services
for grease traps and interceptors. Maintenance services include cleaning,
minor repairs, FOG, and solids removal from the interceptor, and transport
of the removed material to an appropriate recycling or disposal facility.
means fats, oils, and grease that can be collected following
use and prior to discharge to the sewer or interceptor. Waste grease
is collected from pans, deep fat fryers, and cooking grills.
D.
Grease
Interceptor/Trap Required
1.
General
Requirements
Except as provided otherwise in this subsection, grease interceptors
and/or traps shall be provided by the food service facility owner
to prevent FOG from entering the sanitary sewer system. The owner
shall provide documentation and/or calculations on all sizing and
model selections to the City Building Division for approval prior
to installation. The grease interceptor or trap shall be easily and
safely accessible for cleaning and inspection. All prospective grease
interceptor or trap users must provide manufacturer's capacity data
and an estimate of the product rate at the facility that is within
the capacity of the grease interceptor or trap to be approved by the
Building Permit Department.
2.
Existing
Facilities
For the purposes of sizing and installation of grease interceptors/traps,
all food service facilities existing within the City's sewer system
service area, whether within, or without, the City limits, prior to
the effective date of the ordinance codified in this section shall
be allowed to operate, and maintain existing grease interceptors/traps
provided their grease interceptors or grease traps are maintained
in efficient operating conditions.
Except as provided otherwise in this subsection, on or after
the effective date of the ordinance codified in this section, the
City shall require an existing food service facility to install, operate,
and maintain a new grease interceptor or trap that complies with the
requirements of this section or to modify, repair, or replace any
noncompliant interceptor or trap within 90 days of written notification
by the City when any one or more of the following conditions exist:
a.
The facility does not have a grease interceptor or trap;
b.
The facility has an undersized, nonrepairable, or defective grease
interceptor or trap;
c.
Remodeling of the food preparation or kitchen waste plumbing system
is performed which requires a building permit to be issued by the
City; or
d.
The existing facility does not have plumbing connections to a grease
interceptor or trap in compliance with the requirements of this section,
or current building codes.
3.
New
Facilities or New Interceptor Installations
Grease interceptors or traps shall be located in the food service
facility's lateral sewer line between all fixtures which may introduce
grease into the sewer system and the connection to the City's wastewater
collections system. Garbage disposals, dishwashers, and restrooms
shall not be plumbed to the grease interceptor. Automatic hood washers,
floor drains in food preparation and storage areas shall be plumbed
to the grease interceptor. Sanitary facilities (restrooms) shall not
be plumbed to the grease interceptor under any circumstance.
4.
A
food service facility operating prior to the effective date of the
ordinance codified in this section may apply for an exception to the
requirement that it install a grease interceptor or grease trap under
the following conditions:
a.
That application be made in writing to the Community Development
Director or designee prior to November 1, 2008 requesting an exemption;
b.
That an exemption be granted only for a food service facility that
produces a minimal amount of FOG;
c.
That the determination that a minimal amount of FOG is being produced
shall be based on a comparison of the food service facility's production
of FOG as compared to all food service facilities subject to the provision
of this section. In determining the production of FOG relative to
other food service providers, inferences may be drawn from a comparison
of the total amount of discharge to the wastewater system, the volume
of products likely to produce a heavier concentration of FOG, and
the active employment of practices that remove FOG prior to its discharge
to a grease trap or grease interceptor;
d.
That the burden or proof is on the food service facility's owner/operator;
e.
That the intention of this exception is to provide relief only to
those whose production and discharge of FOG would not constitute more
than a minor contribution to the system;
f.
That the food service facility's owner/operator consents to an annual
review and inspection at which it shall be determined whether the
food service facility has implemented changes that increase its production
of FOG;
g.
That the determination of the Community Development Director or designee
may be appealed by the food service facility owner/operator to the
City Manager within five working days of the date it is mailed; and
h.
That the exception may be unilaterally revoked pursuant to any requirement
of the State of Oregon, Clackamas County Service District No. 1, or
the United States whose effect is to require a grease trap or grease
interceptor.
E.
Maintenance
of Grease Interceptor/Trap Required
1.
Maintenance
All grease interceptors and grease traps shall be continuously
maintained in satisfactory and effective operational condition by
the discharger at the discharger's expense. Typically maintenance
consists of the removal of floatable solids and settleable solids
collected in the grease interceptor/trap; and the cleaning of the
walls and piping.
2.
Routine
Maintenance Schedules
The discharger is responsible for establishing a routine maintenance
schedule that includes the routine removal of floatable and settleable
solids and cleaning of the interceptors/traps. The maintenance frequency
should be such that the interceptor/trap does not allow fats, oils,
grease, and food solids to leave the interceptor and enter the City
sewer collection system. The amount of time between pumping and cleaning
services is dependent on the volume of wastes discharged, the volume
of the interceptor/trap, and the physical integrity of the interceptor/trap
structures and piping. It is the discharger's responsibility that
the interceptors/traps are routinely inspected and repaired as needed.
3.
Record
Keeping Requirements
The discharger is responsible for maintaining appropriate maintenance
records that document the routine pumping, cleaning, and repairs made
to interceptors and traps. Where the discharger hires a grease trap
service company to clean the interceptor/trap and remove and dispose
of the accumulated grease and solids, a copy of the pumping manifest
or billing must be retained with the maintenance records. Where the
discharger does not hire a grease trap service company the discharger
shall maintain a receipt for proper disposal of the accumulated FOG
and solids. All maintenance records should include at a minimum the
following information:
a.
Name of facility;
b.
Date service performed;
c.
Total volume of the interceptor/trap;
d.
Total volume of material removed from the interceptor/trap;
e.
List of all deficiencies identified from an inspection of the empty
interceptor/trap;
f.
Name and address of the grease trap service company;
g.
Name and address of final disposal site;
h.
Signature of the grease trap service company employee performing
the work, if applicable;
i.
Signature of the discharger's employee observing and accepting the
services;
j.
Receipt for payment for proper disposal of FOG and solids, if such
services are not provided by a grease trap service company.
4.
Record
Retention
All grease interceptor/trap maintenance records shall be retained
for a period of no less than three years. These records shall be retained
at the food service facility and shall be made available for inspection
by the City.
F.
Disposal
of Wastes From Interceptors and Traps
Storage, handling, transportation, and disposal of all wastes
from interceptors/traps shall be performed in accordance with applicable
federal, State, and local regulations that pertain to the type and/or
class of waste. Materials removed from waste interceptors/traps must
be disposed of at State of Oregon Department of Environmental Quality
(DEQ) designated locations for those specific type wastes. Materials
removed from waste interceptors/traps shall not be discharged to the
City sanitary sewers or storm drains.
G.
Collection,
Storage, and Disposal of Waste Grease and Solids
Dischargers are encouraged to collect excess oil and grease
from deep fat fryers, pots, and pans prior to washing. This waste
grease and oil should be collected and stored in appropriate containers
that are appropriately labeled. The collected waste grease and oil
should be collected by a waste grease service company for disposal.
In no case shall the discharger dispose of deep fat fryer oils and
other collected waste greases and oils by discharge to the grease
interceptor/trap or to the City sewer system.
H.
Clean
up of Spilled Grease and Oil
The discharger shall clean up all spilled grease and oil using
appropriate tools including a mop and bucket. Bucket contents may
be discharged to the grease interceptor/trap, and solid greases and
oils that can be manually picked up should be held in the waste grease
collection containers for final disposal. In no instance shall spilled
grease and oils be washed to the stormwater drains. In the event that
the City is required to clean up a grease and oil spill generated
by a discharger, the City is authorized to assess cost recovery fees
to the discharger for all reasonable documented costs associated with
the clean up.
I.
Use
of Chemicals and Other Additives
The use of chemicals, emulsifying agents, enzymes, microorganisms, and/or other additives that are added to the grease interceptors/traps to reduce or eliminate the pumping and cleaning of the interceptor/trap is prohibited. Dischargers currently using a chemical or other additive must halt such use immediately on the effective date of the ordinance codified in this section or be subject to citation and fine under subsection K of this section.
J.
Right
of Access
The City, employees of the City, or authorized agents of the
City, have the authority to enter the property of the discharger to
conduct inspections of the entire facility, including the interceptors,
traps, cooking and storage areas, restrooms, offices, service areas,
and other areas of the facility. The City is also authorized to collect
samples of any wastestream, including the discharge from the facility
and the interceptors and traps. The City may obtain search warrants
for inspection and sampling purposes. Failure to grant access may
result in the suspension of sewer and water services provided by the
City.
K.
Enforcement
A person failing to comply with the provisions of this section is subject to the short form uniform citation and complaint method and enforcement procedures within Chapter 1.08 of this code. In addition to these enforcement actions the City is authorized to take the following actions to achieve compliance to this section:
1.
Mandatory
Interceptor/Trap Service
The City may issue an order requiring the discharger to conduct
interceptor/trap maintenance services within a mandatory time period.
The cost of the services shall be the direct responsibility of the
discharger.
2.
Mandatory
Interceptor/Trap Service Schedule
The City may impose a mandatory pumping and cleaning schedule
to assure the proper maintenance of an interceptor not properly maintained
by the discharger. The cost of the services shall be the direct responsibility
of the discharger. Mandatory service schedules may cover a time period
of up to three years.
3.
Cost
Recovery
The City may assess the discharger the amount of those expenditures
made by the City to clean up or prevent sewer blockages and overflows
caused by the discharge from that discharger. The City may also recover
costs associated with any testing performed for reasons associated
with violations or repeat offenders.
4.
Civil
Penalties
A person found to have committed a violation of this title shall
be assessed a penalty of not more that $500 per day per violation,
for violations of this section.
5.
Emergency
Suspensions
The City may immediately suspend a discharge and/ or water services,
after informal notice to the discharger, whenever such suspension
is necessary to stop an actual or threatened discharge which reasonably
appears to present or cause an imminent or substantial endangerment
to the health or welfare of persons.
L.
Best
Management Practices
The application of best management practices that have been
developed to minimize the adverse impacts of fats, oil, and grease
discharge is encouraged for all food service facilities and businesses
in the City. The City suggests that food service facilities become
familiar with and implement those practices published in Chapter 3
of the Oregon Association of Clean Water Agencies publication, "Fats,
Oil and Grease Best Management Practices Manual."
(Ord. 1972 § 1, 2007; Ord. 1985 § 2, 2008; Ord. 1990 §§ 1, 2008)
A.
The
Sanitary Rules and Regulations of Clackamas County District # 1 in
effect as of the date of passage of the ordinance codified in this
section is adopted as the City's industrial pretreatment program.
All nondomestic users of the City sewer system shall comply with the
industrial pretreatment program.
B.
Whenever
it may be necessary to inspect a building or premises to determine
compliance with the industrial pretreatment program, City and District
officials may enter the building or premises at reasonable times to
inspect, sample and undertake any other activity relating to the industrial
pretreatment program.
C.
The
City Council may establish by resolution the amount to be charged
for permit fees, user fees, and cost of service fees necessary for
implementing the industrial pretreatment program. The amount of the
fees shall fully compensate both the City and the District for their
services provided under the industrial pretreatment program.
(Ord. 1948 § 1, 2005)
A.
Users
of sanitary sewer service shall be charged such fees as are established
by resolution of the City Council.
B.
When
a sewer system user has industrial or commercial waste of unusual
strength or character, the City reserves the right to reject the application
for service, to require certain pretreatment of such waste or require
the sewer system user to pay such charges as may be fixed by the City
for such waste disposal.
C.
1.
The
City shall prepare and mail billings for sanitary sewer services on
the last business day of each month. Payment is due by the 15th of
the month following the billing date. An account is delinquent if
the City does not receive full payment by 5:00 p.m. on the last business
day of the month immediately following the billing date.
2.
A
delinquent fee in an amount established by resolution of the City
Council shall be added to all delinquent accounts.
3.
The
City shall charge a fee of 10% per year on all accounts that remain
delinquent for more than three months to cover interest and collection
costs.
4.
The
Finance Director (or designee) is authorized to determine what constitutes
a de minimis account balance and to waive the penalties in paragraphs
2 and 3 of this subsection in de minimis or extenuating circumstances.
5.
The City may require deposits prior to providing sanitary sewer service or in lieu of a deposit, obtain a signed agreement from the property owner, whether the user of the system or not, that they will be ultimately liable for the user charges and that the City may use a lien as one method to secure payment if the charges are not paid. However, the City may not require a property owner to sign such an agreement. The lien attaches to real property and may be enforced pursuant to Section 13.04.130.
6.
In addition to other lawful remedies, the Finance Director may enforce the collection of charges authorized by this chapter by withholding delivery of water to any premises where the sanitary sewer service fees are delinquent or unpaid, following the procedures and standards for shutting off water service for nonpayment of water bills as provided in Chapter 13.04. However, the Finance Director shall not deny or shut off water service to any subsequent tenant based upon an unpaid claim for services furnished to a previous tenant who has vacated the premises.
(Ord. 1548 § 7, 1983; Ord. 1611, 1986; Ord. 1655 § 4, 1989; Ord. 1662 § 2, 1989; Ord. 1709 §§ 5, 6, 7, 1991; Ord. 1895 § 3, 2001)
A.
Any
person convicted of violating any provision of this chapter shall
be subject to a fine of not to exceed $500. Each day a violation is
allowed to continue shall be considered a separate violation.
B.
In
the case of a violation which constitutes a health hazard, the City
may make use of any legal means to eliminate the hazard, including,
but not limited to, prosecution under this chapter or State law and
civil abatement.
(Ord. 1548 § 8, 1983)
