This chapter is a companion ordinance to Chapter 14.15 PMC.
A. 
The city council has adopted Chapter 14.15 PMC requiring new development to pay system development charges. PMC § 14.15.050(C) requires adoption of an SDC methodology by ordinance.
B. 
It has been determined that the existing sanitary sewer master plan and methodology for sanitary sewer development charges needs to be updated to reflect current and future needs of the city sanitary sewer system. The Philomath city council therefore adopts the "2017 Wastewater System Facilities Plan" and the Sanitary Sewer System Development Charge (SDC) and Capital Improvement Plan dated February 2021.
(Ord. 624 § 1, 1994; Ord. 725 §§ 1, 2, 2004; Ord. 831 § 1, 2018; Ord. 854 § 2, 2021)
Unless the context specifically indicates otherwise, the meaning of terms used in this chapter shall be as follows:
"Applicant"
means a person, corporation, association or agency applying for sewer service.
"BOD (biochemical oxygen demand)"
means the quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory procedures in five days at 20 degrees Celsius, expressed in milligrams per liter.
"Building drain"
means that part of the lowest horizontal piping of a building drainage system which receives the discharge from soil, waste, and other drainage pipes within or adjoining the building or structures, and conveys the same to the building sanitary sewer.
"Building sanitary sewer"
means that part of the horizontal piping of a wastewater drainage system beginning five feet or more from any building or structure and which receives the discharge of the building drain and conveys it to a public sewer, private sewer, individual sewage disposal system or other point of disposal.
"Building storm sewer"
means that part of the piping of a stormwater drainage system which begins at the connection to the building storm drain at a point five feet outside the established line of the building or structure and conveys stormwater, surface water, and other unpolluted water to the public storm sewer, street, or other point of disposal.
"City" or "city of Philomath"
means the city of Philomath, a municipal corporation of the state of Oregon.
"City engineer"
shall be the city's duly authorized agent as designated by the city manager.
"Collection system"
means facilities maintained by the city of Philomath for collecting, pumping, conveying and controlling wastewater.
"Combined sewer"
means a sewer that is designed as both a sanitary sewer and a storm sewer.
"Commercial service/user"
means all buildings or premises used for any purpose other than a dwelling unit, having a sewage discharge of a kind, type and volume similar to a single-family dwelling unit or multi-unit residential structure, but not an industrial waste contributor.
"Council"
means the city council of the city of Philomath.
"Customer"
means a property owner of record, agent of the owner, or tenant who receives service from the city and is responsible for payment of charges/fees.
Director.
See "Public works director."
"Domestic sewage"
means wastewater of the type commonly introduced into a treatment works by residential users.
"Dwelling unit"
includes each single-family dwelling unit used for human habitation.
"Garbage"
means solid wastes from the preparation, cooking and dispensing of food and from the handling, storage and sale of produce.
"Grab sample"
means a wastewater sample which is taken from a waste stream on a one-time basis without regard to the flow in the waste stream and without consideration of time.
"Industrial user"
means any customer who discharges industrial wastewaters directly or indirectly into the city sewer system or discharges a significantly larger volume of wastewater than a single-family residence as determined by the city.
"Industrial wastewater"
means any nondomestic liquid, gaseous substance or semisolid from any producing, manufacturing business or trade, or processing operation of whatever nature (as distinct from sanitary sewage), and the contents of chemical toilets, septic tanks, and waste holding tanks.
"Infiltration"
means water that enters the sewerage system from the surrounding soil. Although generally limited to sewers laid below the normal groundwater level, infiltration also occurs as a result of rain or irrigation water soaking into the ground and entering sewers with defective pipes or joints.
"Inflow"
means stormwater runoff that enters the sewerage system only during or immediately after rainfall.
"Lateral sewer"
means any side lateral off a sewer main line which is in the public right-of-way or easement, operated by the city, and to which a building sewer connects or may connect.
"Natural outlet"
means any outlet into a watercourse, pond, ditch, lake, or other body of surface or groundwater.
"Operation and maintenance"
means activities required to assure the dependable and economical function of treatment works.
1. 
"Operation"
means control of the unit processes and equipment which make up the treatment records, laboratory control, process control, safety and emergency operation planning.
2. 
"Maintenance"
means preservation of functional integrity and efficiency of equipment and structures. This includes preventive maintenance, corrective maintenance, and replacement of equipment.
"Person"
means any individual, company, enterprise, partnership, corporation, association, society or group; the singular term shall include the plural.
"pH"
means the negative logarithm (base 10) of the hydrogen ion concentration. The concentration is the weight of hydrogen ions in moles per liter of solution. It is a measure of the acidity or alkalinity of the wastewater. Neutral water, for example, has a pH of seven and a hydrogen concentration of 10.
"Pollutant"
means any spoil, waste, residue, sewage, garbage, sludge, munitions, chemicals, biological materials, radioactive materials, heat, rock, sand, dirt, soil, agricultural municipal, or industrial material discharged into water.
"Pollution"
means the degradation of the chemical, physical, biological or radiological quality of ground, surface, subsurface, or storm drainage waters by man, or the activities thereof.
"Private collection system"
means a privately owned and maintained lateral sewer system installed to serve multi-unit structures on single ownership properties which cannot legally be further divided, such as apartments, mobile home parks, and schools. A single-family residence with a detached garage or shop with sanitary facilities is exempt from this definition.
"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 any sewer in the public right-of-way or easement operated by the city.
"Public works director"
means the public works director for the city of Philomath or the city's authorized representative.
"Rate schedules"
means the entire body of effective rates, rentals, charges and fees as established by the city council.
"Replacement"
means obtaining and installing equipment, accessories, or appurtenances which are necessary during the design or useful life of the treatment works, whichever is longer, to maintain the capacity and performance for which such works were designed and constructed.
"Residential user"
means the owner or lessee of a dwelling unit as defined in this chapter. Said dwelling unit may be a single-family dwelling, or a portion of a multifamily dwelling.
"Sanitary sewer"
means a conduit intended to carry liquid and water-carried wastes from residences, commercial buildings, industrial plants and institutions together with minor quantities of ground, storm and surface waters that are not admitted intentionally.
"Service charge (user charge)"
means a charge levied on users of a treatment works for the user's proportionate share of the cost of operation and maintenance (including replacement) of such works.
"Sewage"
means a combination of water-carried wastes from residences, business buildings, institutions and industrial establishments, together with such ground, surface and stormwaters as may be present.
"Sewer"
means a pipe or conduit for carrying either sewage and industrial wastewater, or storm and surface waters and drainage.
"Sewerage system"
means the entire sewage collection and treatment system, exclusive of building sewers. This includes all conduits, pumps, treatment equipment and any other components involved in the collection, transportation, treatment, and disposal of sanitary and industrial wastewater and sludge.
"Shall"
is mandatory; "may" is permissive.
Side Sewers.
See "Lateral sewer."
"Storm drain"
means that portion of the storm drainage system that is within the public right-of-way or easement operated and maintained by the city. This may include but is not limited to pipes, culverts, ditches, waterways or any other appurtenances used for the removal or transportation of rainwater or other unpolluted water.
"Storm sewer"
means a sewer which carries storm and surface waters and drainage, but excludes sewage and industrial wastewater.
"Suspended solids (SS)"
means the total suspended matter that either floats on the surface or is in suspension in water or wastewater, and that is removable by laboratory filtering.
"Suspended solids (SS)"
means the total suspended matter that either floats on the surface or is in suspension in water or wastewater, and that is removable by laboratory filtering.
"Unauthorized connection"
is defined as any of the following:
1. 
Any drain or conveyance, whether on the surface or subsurface, that allows discharge to enter the sewer system that has not been documented in drawings, maps, or equivalent records and approved by the city.
2. 
Any connection to the sewer system that requires either a plumbing permit or permission from the city, made without the permit or permission.
"Wastewater"
means liquid or water-carried pollutants including any groundwater, surface water, and stormwater that may be present, whether treated or untreated, which is contributed into or permitted to enter the publicly owned treatment works.
"Water user"
means any person using water through the facilities of the municipal water systems.
"Watercourse"
means a channel in which a flow of water occurs, either continuously or intermittently.
(Ord. 624 § 2, 1994; Ord. 796 § 1, 2015; Ord. 831 § 2, 2018)
The area in which service may be furnished at the city's option includes all that territory within the corporate limits of the city and certain areas adjacent to or in reasonable proximity thereto.
(Ord. 624 § 3, 1994)
A. 
Classes of Service. All services installed by the city will be classified as follows:
1. 
Residential. Single-family and multifamily units.
2. 
Commercial – Industrial.
a. 
Standard Discharge Strength. All nonresidential users with discharge strengths (BOD or SS) not exceeding 240 mg/liter of discharge flow.
b. 
Nonstandard Discharge Strength. All nonresidential users with discharge strengths (BOD or SS) in excess of 240 mg/liter.
c. 
Industrial. Establishments discharging industrial wastewater as defined in this chapter.
B. 
Service Charges. A service (user) charge shall be set by the city council upon all customers using the city sewer system.
C. 
Financial Self-Sufficiency. The user charges shall be fixed at such amounts to assure the financial self-sufficiency of the sewerage system, and thereafter amended as necessary by resolution of the city council.
D. 
Rate and Fee Structure. Sewer service rates for each of the respective customer classifications enumerated in this subsection shall be derived and calculated in accordance with the following standards and fixed by resolution of the city council:
1. 
Residential. A monthly base fee plus a use charge based upon residential water consumption during winter months; during the summer months, the average monthly winter water consumption.
2. 
Standard Discharge Strength. The monthly base fee plus a unit charge per 100 cubic feet (748 gallons) of estimated sewage contribution based upon water consumption. Where the customer in this class can demonstrate to the satisfaction of the city that the volume of sewer discharge does not equal the water volume use because some or all of the water used is not being discharged into the sewer system, the city may determine the appropriate amount of charges based upon the city's estimate or actual amount of sewer discharge.
3. 
Nonstandard Discharge Strength. A monthly charge calculated in the same manner as for users in the standard discharge strength class, plus an extra strength fee per unit of discharge based on measured or estimated sewage parameters as established by the city.
4. 
Industrial. A monthly charge calculated in the same manner as for users in the nonstandard discharge strength class.
E. 
Review and Revision of Rates. The sewer user charges established in subsection (B) of this section shall, as a minimum, be reviewed annually by the city council of the city of Philomath, and shall be revised periodically to reflect actual costs of operation, maintenance, and replacement of the treatment works, and to maintain the equitability of the user charge with respect to distribution of the costs of operation and maintenance proportional to each user's contribution to the total wastewater loading of the treatment works. In conjunction with annual review of sewer user charges, the public works director shall review and revise as appropriate the schedule of measured or estimated sewage parameters applicable to the nonstandard discharge strength customer class.
F. 
Notification. Every customer will be notified, at least annually, in conjunction with a regular bill, of the rate and that portion of the user charges which are attributable to wastewater treatment services. On or before November 15th of each year, the city manager shall post for public review at City Hall a listing of the sewage parameters and corresponding categories of business which serve as the basis for the derivation of extra strength fees for users in the nonstandard discharge strength customer class as specified in subsections (D) and (E) of this section.
G. 
Appeals. Any customer, regardless of customer classification, who believes their sewer user charge as applied to their premises is not within the intent of the foregoing provisions, may make written application to the public works director within 15 days of the date of billing requesting a review of their user charge. The written request shall, where necessary, show the actual or estimated average flow of the user's wastewater in comparison with the values upon which the charge is based, including how the measurements or estimates were made.
Review of the request shall be made by the public works director. The public works director shall respond within 45 days of the receipt of the appeal. If the customer desires to appeal further, they shall request in writing that the city place their appeal on the agenda of the next regular city council meeting. The decision of the city council shall be final. If the city council determines that the user's charges shall be recomputed, based on approved revised flow and/or strength data, the new charges thus recomputed may be applied retroactively for a period of up to six months.
H. 
Adjustments of Sewer Charges. In the event of an underground leak in the waterline during a time when sewer charges are based on water usage, the finance director may remove the portion of sewer charges appropriate if the customer demonstrates some or all of the excess charges resulted from water that did not enter the sewage system. In this circumstance, the winter average water usage shall be appropriately adjusted. Before the city will make any adjustments for a leaking service, the leak must be repaired and a leak adjustment form must be submitted to the utility billing department. The city will not adjust more than four full months prior to the date the leak adjustment form was submitted.
(Ord. 624 § 4, 1994; Ord. 767 § 1, 2011; Ord. 796 §§ 2, 3, 2015)
A. 
Application. Each applicant for sewer service shall be required to complete an application for service either in person or over the phone.
B. 
Special Contracts. Contracts, other than applications, may be required prior to service where, in the opinion of the city, special circumstances warrant special consideration. The city may require a special contracts provision requiring the owner of rental property to agree to be responsible for new or continued service at any address where service has been delinquent more than two times in the prior calendar year, or where more than one account has been abandoned with a delinquency due or pending in the prior calendar year. Such a special contract shall include language making any delinquent amount a lien against the property.
C. 
Security Deposit. A deposit as specified in the rate schedule may be required of any person desiring service. A security deposit need not be made if the applicant has promptly paid all accounts due the city for a reasonable time in the past.
D. 
Sewer Service Account Fee. Any new application for a sewer service account shall be charged a nonrefundable new account fee in an amount specified in the rate schedule in effect at the time of the application for service.
E. 
Sewer Only Accounts. Only the owner of real property may apply for a new sewer only account after February 28, 2011. Such a sewer only account shall include language making any delinquent amount a lien against the property.
F. 
Prior delinquent accounts for any applicant must be brought current before that applicant may have service in that applicant's name.
(Ord. 624 § 5, 1994; Ord. 767 § 2, 2011)
A. 
Prior to commencing any work on a building sewer or public sewer system, all applicable permits from the city of Philomath and other agencies must be secured and all associated permit fees paid in full. The permits necessary may include, but are not limited to, a plumbing permit, a permit to construct public facilities, and an encroachment permit. The permit shall set forth at what point the connection is to be made, the location, size of facility, type of construction, and other details as the director or his/her designee may reasonably require. Under no circumstances shall any person cut, tap, extend or in any way alter any city owned and operated sewer line or any other appurtenance without first obtaining a permit to do so.
B. 
No Use Outside City without Contract. No use or benefits of the sewer system or sewage treatment plant of the city shall be extended to or made available to any property not within the corporate limits of the city, except under a contractual agreement. Consistent with Philomath City Charter, no new contract to use or connect to the sewer system, except as is required by state law for health hazard annexations, may be extended unless it is first approved by a majority of voters of the city of Philomath.
1. 
Charges to Customers Outside the City. Any person having connection to the city sewerage system for property which is outside the corporate boundaries of the city of Philomath shall, in addition to the fees and charges for service called for in PMC § 13.20.040(B), be charged monthly fees derived and calculated in accordance with the following standard and fixed by resolution of the city council:
a. 
Fee in Lieu. A fee in lieu of property tax payments supporting principal and interest for the retirement of indebtedness associated with investment in capital facilities necessary to the sewerage system.
C. 
Use of Public Sewers Required.
1. 
It shall be unlawful to discharge to any natural outlet within the city of Philomath, or in any area under the jurisdiction of said city, any sanitary sewage, industrial wastes or other polluted waters.
2. 
Except as hereinafter provided, it shall be unlawful to construct or maintain any privy, privy vault, septic tank, cesspool, or other facility intended or used for the disposal of sewage.
3. 
The owner of all houses, buildings or properties used for human occupancy, employment, or other purposes situated within the city and abutting on any street, alley (easement), or right-of-way in which there is now located a sewer line of the city is hereby required to connect directly to the sewer line in accordance with the provisions of this chapter at their expense within 30 days after the date of official notice to do so; provided, that said public sewer is within 170 feet of the property line.
4. 
Where a public sewer line is not available as specified in subsection (C)(3) of this section, a private sewage disposal system may be used if approved and installed in accordance with the State of Oregon Department of Environmental Quality, Benton County environmental health or the authorized state department that has controlling jurisdiction. At such time as a public sewer becomes available, the private sewage disposal system shall be abandoned and filled in with fill material and the sewer user's sewer service connection shall be connected to the public sewer line.
5. 
All sewer lines, service laterals and customer sewer service shall be installed in accordance with the provisions established by the State of Oregon Department of Environmental Quality or the authorized state department that has controlling jurisdiction. In addition, all installations must be done in accordance with the city's standards.
D. 
When Use Is Not Required. When charges are made in those instances where sewer service is not in fact furnished, but the service is available or abutting the property charged, said charges may be waived by the city. Application for such a waiver shall be made by the property owner to the public works director stating fully the grounds for the application. Before a waiver of the sewer charge may be granted, the public works director shall first determine:
1. 
That special topographical conditions affecting the property exist that are not common to all property in the area;
2. 
That such special topographical conditions would necessitate the installation and maintenance of pumps or other special equipment which will thereby increase the cost to other property owners in the area; and
3. 
That the waiver of the sewer service complies with the spirit of these regulations and will not be detrimental to the public health, safety or welfare, or injurious to other properties in the vicinity.
The city shall act upon the application for waiver of sewer service charges within 30 days after the filing thereof. If the city disapproves the application, it shall mail a notice of its action to the applicant forthwith.
Any person aggrieved shall have the right to appeal the decision of the public works director to the city council. The appeal shall be filed within 10 days after the decision of the public works director. The appeal shall be considered at the next regularly scheduled city council meeting. The decision of the city council shall be final.
(Ord. 624 § 6, 1994; Ord. 767 § 3, 2011; Ord. 796 § 4, 2015; Ord. 831 § 3, 2018)
A. 
Responsibility for Payment. The customer who applied for service shall be responsible for payment of all charges prescribed in this chapter and set in the rate schedule. All sewer service charges shall be mailed to the premises where sewer service is furnished unless the customer provides an alternate mailing address.
B. 
Rendering of Bills. Bills for sewer service will be rendered at the intervals provided in the rate and fee schedule.
C. 
Payment of Bills.
1. 
All bills shall be due and payable on presentation. An account becomes delinquent if unpaid 16 days after date of billing. Late fees may be charged and collected on delinquent accounts as set forth in the rate schedule.
2. 
Closing bills will be collected at the time of discontinuance of service.
3. 
When bills are delinquent, the city will follow the procedure outlined in PMC § 13.20.080.
4. 
Any change in sewer user shall result in the new user paying the sewer use charges commencing from the date of change. Any new sewer service user shall commence paying the sewer use charges from the time of connection. The sewer base charges shall be prorated on a daily basis.
(Ord. 624 § 7, 1994; Ord. 767 § 4, 2011)
A. 
Shutoff Notices to Customers. All customer charges levied in accordance with this chapter shall be a debt due the city. A notice shall be sent to each account which has not been paid by the forty-fifth day after presentation of bill. All delinquent accounts may be collected in any lawful manner. Reasonable costs of collection may be added to the delinquent account.
B. 
Disputed Billing. If the customer disputes the accuracy of the billing, the customer shall present the objection within 15 days after the date of presentation of the bill. Failure to file a notice of objection to the billing as specified in this section shall constitute a waiver of any defects in the bill and of the customer's right to object.
(Ord. 624 § 8, 1994; Ord. 767 § 5, 2011)
A. 
Notices to Customers. Notices required to be given by the city to a customer will be given in writing and may be mailed to the billing address of record, hung on the front door or personally delivered to the customer. The city is not responsible for lost, stolen or nondeliverable mail. Any defect in a notice of delinquency or other violation of these provisions shall not prevent enforcement of these provisions.
B. 
Notice from Customers. Notice from a customer to the city shall be given by the customer or their authorized representative in writing at the office of the city finance department.
(Ord. 624 § 9, 1994; Ord. 767 § 6, 2011; Ord. 796 § 5, 2015)
A. 
Nonpayment of Bills. The city will refer to PMC § 13.20.080 for debt due the city.
B. 
Fraud and Abuse. The city shall have the right to refuse or to discontinue service to any premises to protect itself against fraud and abuse.
C. 
Noncompliance. The city may, unless otherwise provided, discontinue service to a customer for noncompliance with any of these regulations if the customer fails to comply with said regulations within seven days after the city delivers written notice of the city's intention to discontinue service. If such noncompliance affects matters of health or safety or other conditions that warrant such action, the city may discontinue service immediately. The expense of such discontinuance, as well as the expense of restoring service, shall be a debt due the city and may be recovered by any lawful means.
D. 
Prior to the city reestablishing service after turning off due to nonpayment of bills, customers may be required to enter into special contracts and/or customers may be required to pay a special sewer service deposit consistent with PMC § 13.20.050(C) or (E).
E. 
Customer's Request for Service Discontinuance.
1. 
A customer may have the service discontinued by notifying the city at least five days in advance of the desired date of discontinuance. The customer will be required to pay all sewer charges until the date of such discontinuance.
2. 
If notice is not given, the customer will be required to pay for service until the date the city has learned that the customer has vacated the premises or otherwise has discontinued service.
F. 
Reconnection Charge. In all instances where service has been discontinued because of a delinquent account, a reconnection fee shall be charged in accordance with the rate schedule for the restoration of service.
(Ord. 624 § 10, 1994; Ord. 767 § 7, 2011)
A. 
No customer shall uncover, make any connections with, use, alter or disturb any public sewer or appurtenances without first obtaining a written permit from the city. The written permit will not be issued until the systems development charge has been paid to the city in accordance with the ordinances relating to a systems development charge.
B. 
All costs and expenses incidental to the installation and connection of the building sanitary sewer shall be borne by the applicant for sewer service. The applicant shall indemnify the city from any loss or damage that may directly or indirectly be occasioned by the installation.
C. 
Existing building sanitary sewers that connect to a customer's building drain may be used in connection with new buildings only when they are found to meet all the requirements of this chapter, when tested and examined by the city or its representative. A systems development charge shall be charged in accordance with the city ordinance(s) relating to systems development charges.
D. 
The size and scope of the building sanitary sewer shall be subject to the approval of the city or its representative, but in no event shall the diameter be less than four inches. The slope of such four-inch pipe shall not be less than one-eighth inch per foot.
E. 
The connection of the service lateral into the public sewer line shall be made in accordance with the public works design standards or the public works director. The invert of the customer's sewer service connection at the point of connection shall be at a higher elevation than the invert of the public sewer.
F. 
The sewer user shall notify the city when the building sanitary sewer is ready for inspection and connection to the public sewer. The connection and installation shall be made in accordance with the city's standards and shall be inspected and approved by a state-certified plumbing inspector and a representative of the city.
G. 
Whenever possible, the building sanitary sewer shall be brought to the building at an elevation below the basement floor. In all buildings in which any customer's building drain is too low to permit gravity flow to the sewer line, sanitary sewage carried by such building drain connection shall be lifted and discharged to the building sanitary sewer by a method approved by the city.
H. 
All installations of sewer lines and service laterals shall be adequately guarded with barricades and lights so as to protect the public from hazards. Streets, sidewalks, parkways and other public property disturbed in the course of the work shall be restored in a manner satisfactory to the city.
I. 
Once the sewer user is ready to discharge sewage into the sewer system, the sewer user shall pay all deposits and monthly sewer use fees as established by the city of Philomath resolution(s) that relate to monthly sewer use charges.
J. 
All service lateral renovations or new installations shall be in accordance with city standards:
1. 
Utilize pipe and fittings meeting the following specifications:
Cast iron, Class 150, ANSI 21.1.
Ductile iron, Class 50, ANSI 21.51.
PVC, SDR 35, ASTM 3034.
PVC, SDR 41, ASTM F789/D3212.
2. 
Have a minimum four-inch cleanout, as per the Philomath public works design standards, readily accessible to city crews at or as close as possible to the property line and conforming to city standard service lateral cleanout details.
Utilize no bends greater than 1/16 bends (22.5 degrees), unless a cleanout is installed immediately upstream.
K. 
Changes in Customer's Equipment. Customers making any material change in size, character or extent of the equipment or operation utilizing sewer service shall immediately give the city written notice of the nature of the change.
L. 
Sewer Permits.
1. 
Permit Required. Before commencement of construction of building a sanitary sewer, the sewer user shall first obtain a written permit issued by the city. The application for such permit shall be made on a form furnished by the city which shall be supplemented by any plans, specifications and other information as are deemed necessary by the city. A permit and inspection fee as set forth in this section shall be paid to the city at the time the application is filed.
2. 
Fees Set by Council. The permit and inspection fees shall be just and equitable charges that are set by resolution of the city council.
3. 
Issue Subject to Approval of City Manager. The issuance of sewer permits is subject to the approval of the city manager or his authorized representatives. Sewer permits may not be issued if the city manager has determined that the nature of the wastewater can have detrimental effects on the treatment works.
(Ord. 624 § 11, 1994; Ord. 767 § 8, 2011; Ord. 796 § 6, 2015; Ord. 831 § 4, 2018)
Each property owner shall be responsible for the maintenance of the building sewer(s) from the structure or facility served to the connection with the public sewer mainline.
"Maintenance"
shall include, but not be limited to, removal of any blockages, debris, grease, tree roots, and other material as required to ensure a free flow of wastewater through the lateral; disconnection of abandoned services from the public sewer; and prevention of unpolluted water from entering the service lateral.
(Ord. 831 § 5, 2018)
A. 
Lateral Replacement within Public Rights-of-Way. The city shall repair or replace structural failures of sanitary sewer service laterals in public rights-of-way when, in the judgment of the public works director, repair or replacement of the service lateral is warranted.
B. 
Lateral Replacement Not within Public Rights-of-Way. The customer shall repair or replace structural failures of sanitary sewer service laterals on private property when, in the judgment of the public works director, repair or replacement of the service lateral is warranted. All cost for replacement or repair shall be borne by the customer.
Any customer's building sanitary sewer connected to the sewer system outside of the city's right-of-way and within the bounds of the customer's property which may be determined by the city to be causing infiltration of surface, storm or groundwater into the sewer system shall be repaired within 60 days after the date of official notice to the legal property owner to do so. All costs for said repair shall be borne by the customer.
All sanitary sewer lateral repairs/replacements on private property shall meet the standards set forth in the public works design standards.
Before being covered, each repair must be inspected and approved in writing by a state-certified plumbing inspector and by the city.
All storm sewers, including building storm sewers, which are on private property that connect directly to the building sanitary sewer shall be disconnected and properly capped upon receiving a 30-day notice from the city.
The city reserves the right to enter private property for the purpose of testing the building sanitary sewer and/or building drain outside of the city's right-of-way. Damage to landscaping, etc., that is caused during the testing of the building sanitary sewer and building drain shall be repaired by the city at the city's expense.
If the customer fails to make the repair or replacement required by this section within the prescribed time limit, the building sanitary sewer and/or building drainpipe shall be declared nonconforming and five times the monthly use charge shall be assessed until the building sanitary sewer and/or building drainpiping is brought into compliance. The city may also elect to enter such property and make the necessary replacement, repair or correction and cause such expenses to become a lien upon the property, which lien shall become due and payable upon entry in the lien docket. It shall be the duty of the city to attempt to serve, by certified or registered mail, in person or by door hanger, a written notice upon the owner of the property at the time said lien is entered on the city lien docket, which notice shall state the amount of the lien and give the property owner notice that said lien will be deemed delinquent if not paid within 60 days after the date the lien was entered on the city lien docket. If the owner fails to pay the lien within 60 days after entry of the lien on the lien docket, the city shall have the right to enforce or foreclose the lien in the manner prescribed for by ORS 223.510 or 223.610, or in any other manner provided by law or city ordinance. The property owner shall bear all costs associated with the filing of the lien.
(Ord. 624 § 12, 1994; Ord. 767 § 9, 2011; Ord. 796 § 7, 2015; Ord. 831 § 6, 2018)
A. 
No sewer user shall discharge or cause to be discharged any stormwater, surface water, groundwater, roof runoff, cooling water or unpolluted industrial process waters into any sanitary sewer.
B. 
Stormwater and all other unpolluted drainage shall be discharged to such sewers as are specifically designated as storm sewers or to a natural outlet approved by the city.
C. 
Except as hereinafter provided, no customer shall discharge or cause to be discharged any of the following discharge waters or wastes into any public sewer:
1. 
Any liquid vapor having a temperature higher than 150 degrees Fahrenheit.
2. 
Any water or waste which may contain more than 200 parts per million by weight, fat, oil, or grease.
3. 
Any gasoline, benzene, naphtha, fuel oil or other flammable or other 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 sewage works.
6. 
Any waters or wastes having a 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 system.
7. 
Any waters or wastes containing toxic or poisonous solids, liquids, or gases in sufficient quantity, either singly or by interaction with other wastes, to injure or interfere with any sewage treatment process, constitute a hazard to humans or animals, create a public nuisance, 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 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 solids, liquids or ashes which may, by themselves, or by interaction with other substances, cause fire or explosive hazards, or in any other way be injurious to person, property or the operation of the plant sewage system or sewage disposal plant.
11. 
Any waters or wastes having a five-day biochemical oxygen demand greater than 240 mg/l.
D. 
To ensure that industrial wastes are not discharged to the city's sewer system that may produce an unusual or deleterious effect on the sewer system or sewer treatment plant, review and approval by the city of Philomath shall be obtained prior to the discharge to the sewer system of said wastes by an industrial user.
E. 
When required by the city, the sewer users served by the city's sewer system whose building sanitary sewer carries industrial wastes shall install a suitable control manhole together with such necessary meters and other appurtenances in the building sanitary 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 city. The manhole shall be installed by the sewer user at their expense and shall be maintained by the user so as to be safe and accessible at all times.
F. 
All measurements, tests, and analyses of the characteristics of waters and wastes to which reference is made in this chapter shall be determined in accordance with the latest edition of "Standard Methods for the Examination of Water and Wastewater," published by the American Public Health Association, and shall be determined at the control manhole provided, or upon suitable samples taken at said control manhole.
In the event that no special manhole has been required, the control manhole shall be considered to be the nearest downstream manhole in the public sewer to the point at which the service lateral is connected.
G. 
If any waters or wastes are discharged, or are proposed to be discharged to the sewer system, which waters contain the substances or possess the characteristics enumerated in subsection (C) of this section and which in the judgment of the city, or in the judgment of any other government agency with jurisdiction over such waters, substances or discharges, may have a deleterious effect upon the sewage works, processes, equipment, or receiving waters, or which otherwise create a hazard to life or constitute a public nuisance, the city may:
1. 
Reject the wastes;
2. 
Require pretreatment to an acceptable condition of discharge to the public sewers;
3. 
Require control over the quantities and rates of discharge; and/or
4. 
Require additional sewer use charges to cover the added cost of handling and treating the wastes not covered by the sewer use charges established by the city.
If the city permits the pretreatment or equalization of waste flows, the design and installation of the plants and equipment shall be subject to the review and approval of the city, and subject to the requirements of all applicable codes, ordinances and laws. All costs of any kind associated with the city or any contractor or consultant of the city performing tasks, obtaining equipment, altering or adding to the city system or facilities that are related to monitoring, sampling, testing, regulating or evaluating pretreatment or equalization of waste flows as required by the city, or any other government agency with jurisdiction over such waters, substances or wastes, shall be entirely the responsibility of the sewer user required to pretreat or equalize flows and shall be immediately due and owing the city.
H. 
Where preliminary treatment or flow-equalizing facilities are provided for any waters or wastes, they shall be maintained continuously in satisfactory and effective operation by the sewer user at the user's expense.
I. 
No statement contained in this section shall be construed as preventing any special agreement or arrangement between the city and an industrial concern whereby an industrial waste of unusual strength or character may be accepted by the city for treatment, subject to payment therefor, by the industrial concern.
(Ord. 624 § 13, 1994; Ord. 767 § 10, 2011; Ord. 796 §§ 8 – 10, 2015)
A. 
Duly authorized employees of the city shall be permitted to enter all properties for the purpose of inspection, observation, measurement, sampling and testing and enforcement in accordance with the provisions of this chapter.
B. 
All entry and subsequent work, if any, shall be done observing all safety rules applicable to the individual situation and shall not infringe upon the rights or privileges of a person, corporation, firm, association, or partnership which owns the property which uses and receives the benefit of the city's sewer system.
(Ord. 624 § 14, 1994)
No person shall construct, use, maintain, or allow the continued existence of an unauthorized connection to the sewer system. Existing unauthorized connections are expressly prohibited, without limitation, regardless of whether the connection was permissible under law or practices applicable or prevailing at the time of connection.
(Ord. 796 § 11, 2015)
The director may require, by written notice, that a person responsible for an unauthorized connection to the sewer system immediately, or by a specified date, comply with the requirements of this chapter to eliminate the connection, regardless of whether or not the connection or discharges to it had been established or approved prior to the effective date of the ordinance codified in this chapter.
If, subsequent to eliminating a connection found to be in violation of this chapter, the responsible person can demonstrate that an illegal discharge will no longer occur, said person may request city approval to reconnect. The reconnection or reinstallation of the connection shall be at the responsible person's expense.
(Ord. 796 § 11, 2015)
Whenever the director finds that a person has violated a provision of this chapter, the director may order compliance by written notice of violation to the responsible person. Such notice may require without limitation:
A. 
The elimination of unauthorized connections or illegal discharges; and
B. 
That violating discharges, practices, or operations cease and desist.
(Ord. 796 § 11, 2015)
Notwithstanding the provisions of PMC § 13.20.210, any person receiving a notice of violation under PMC § 13.20.170 may appeal the determination of the director. The appeal must be in writing and must be received by the city manager within seven days of receipt of the notice of violation. If requested in writing, a hearing on the appeal shall be scheduled before the city council of the city of Philomath within 30 days of the receipt of the appeal. Thereafter, the city council may render its decision based upon the record of the hearing on the notice of violation, grant an additional hearing to take additional evidence, or conduct a de novo hearing.
The city council, in consultation with the city attorney, shall establish rules and procedures for the conduct of the appeal in order to accord the discharger minimum due process. The burden of proof, on appeal, shall remain with the city by a preponderance of the evidence. The city council shall affirm, reverse, or modify the findings, conclusions, and requirements of the notice of violation and shall serve its decision, in writing, upon the discharger. The decision of the city council shall be final.
(Ord. 796 § 11, 2015)
If the violation has not been corrected pursuant to the requirements set forth in the notice of violation, or in the event of an appeal under PMC § 13.20.180, within 10 days of the decision of the city council upholding the decision of the director, then the city or a contractor designated by the director is authorized to enter upon the subject private property and take any and all measures necessary to abate the violation and/or restore the property. It shall be unlawful for any person, owner, agent, or person in possession of any premises to refuse to allow the city or designated contractor to enter upon the premises for the purposes set forth above.
(Ord. 796 § 11, 2015)
A. 
Within 30 days after abatement of the condition by city, the director or his designee shall prepare a recap of all costs incurred to abate the condition, including administrative costs.
B. 
A summary of costs shall be mailed by registered or certified mail to the same person or persons to whom the notice of violation was sent per PMC § 13.20.170, or their successors in title, and shall advise of the city's intent to assess said costs against the real property and shall further advise the owner/owners of their right to a hearing before the city council prior to assessment upon receipt by the director, within 15 days of the date of mailing, of a written request for a hearing.
C. 
If the costs of abatement are not paid to the city within 30 days from the date of the mailing of the summary of costs, said summary shall be presented to the city council and, if the council finds said costs to be reasonable, the council shall pass a resolution directing that the amount of said costs be entered in the docket of city liens; and upon such entry being made, said costs shall constitute a lien upon the property in question.
D. 
The lien shall be enforced and shall bear interest at a rate to be determined by the council at the time of the resolution referred to in subsection (C) of this section. The interest shall commence from the date of entry of the lien in the lien docket and shall have priority over all other liens and assessments to the maximum extent permitted by law. The costs of filing the lien shall be included in the total cost of the lien.
E. 
An error in the name of the property owner/owners/agents shall not void the assessment nor will a failure to receive the notice of the proposed assessment render the assessment void, but it shall remain a valid lien against the property.
(Ord. 796 § 11, 2015)
The director is authorized to require summary abatement of any violation of this chapter that constitutes an immediate threat to the environment or the health, safety or well-being of the public. If any such violation is not abated immediately as directed by the director, the city of Philomath is authorized to enter onto private property and to take any and all measures required to remediate the violation. Any expense related to such remediation undertaken by the city of Philomath shall be fully reimbursed by the property owner and/or responsible party. Any relief obtained under this section shall not prevent the city from seeking other and further relief authorized under this chapter.
(Ord. 796 § 11, 2015)
A. 
Any person violating any provision of this chapter shall be served by the city with written notice stating the nature of the violation and providing a reasonable time limit for satisfactory correction thereof. The offender shall, within the period of time stated in such notice, permanently cease all violations.
B. 
Any customer who shall continue any violation beyond the time limit provided for in subsection (A) of this section shall be guilty of a misdemeanor and, upon conviction thereof, shall be fined in an amount not exceeding $2,500 for each violation. Each day in which any such violation shall continue shall be deemed a separate offense.
C. 
Any sewer user violating any of the provisions of this chapter shall become liable to the city for any expense, loss or damage occasioned the city by reason of such violation.
D. 
Any remedy, including collection, requirement to enter into special contracts, requirements to pay special account deposits, or any other action authorized by any local, state or federal law, is cumulative and not exclusive.
(Formerly 13.20.150; Ord. 624 § 15, 1994; Ord. 767 § 11, 2011; Ord. 796 § 12, 2015)
In addition to the enforcement processes and penalties hereinbefore provided, any condition caused or permitted to exist in violation of any of the provisions of this chapter that is a threat to the environment, public health, safety, or welfare, and is declared and deemed a nuisance, may be summarily abated or restored by the city at the violator's expense, and/or a civil action to abate, enjoin, or otherwise compel the cessation of such nuisance may be taken by the city.
(Ord. 796 § 13, 2015)
The provisions of this chapter are hereby declared to be severable. If any provision, clause, sentence, or paragraph of this chapter or the application thereof to any person, establishment, or circumstances shall be held invalid, such invalidity shall not affect the other provisions or application of this chapter.
(Ord. 796 § 13, 2015)
The standards set forth within this code and promulgated pursuant to the provisions of this code are minimum standards; therefore, these code provisions are not intended and do not imply that compliance with these code provisions by any person or owner/operator of a premises will ensure that there will be no contamination, pollution, nor unauthorized discharge of pollutants into waters of the state, caused by said person. These code provisions shall not create liability on the part of the city of Philomath, nor any agent, officer or employee thereof, for any damages that result from any discharger's reliance on these code provisions or any decision lawfully made.
(Ord. 796 § 13, 2015)