City of Rogue River, OR Chapter 13.10 SEWER SYSTEM

§ 13.10.010 Definitions.

The following words and phrases when used in this chapter will have the meanings hereinafter set forth in this section, whether appearing in capital or lowercase form:

"Area drain"

is a receptor connected to a drain or waste pipe designed to receive surface drainage which flows there from an area or areaway. The term "area drain" does not include catch basin, sump, or roof drain.

"Authorized person" or "employee"

shall mean a person or employee designated by the council of the city of Rogue River to perform a specific function in regard to the sewage system.

"Biochemical oxygen demand (BOD)"

shall mean the quantity of oxygen utilized in the biochemical oxidation of organic matter under a standard laboratory procedure in five days at a temperature of 20 degrees centigrade, expressed in milligrams per liter, or parts per million by weight. Laboratory determinations will be made in accordance with procedures set forth in standard methods.

"Building"

shall mean structure built, erected, and framed of component structural parts, which is designed for housing, shelter, enclosure, or support of persons, animals, or property of any kind. "Building" includes house trailers or mobile homes, other than those house trailers or mobile homes situated in commercial trailer parks, mobile home parks, or trailer courts.

"Building drain"

shall mean that part of the lowest horizontal piping of a drainage system which receives the discharge from soil, waste, and other drainage pipes inside the walls of the building and conveys it to the building sewer, beginning five feet outside the inner face of the building wall.

"Building sewer"

shall mean the extension from the building drain to the public sewer or other place of disposal.

"Catch basin"

shall mean a receptacle for receiving wastewater or liquid-borne waste drained from a floor or from an exterior area or surface, and for retaining sediment and grease.

"City"

is the city of Rogue River, county of Jackson, state of Oregon.

"City engineer"

shall mean the professional engineer registered in the state of Oregon duly appointed by the city to act on behalf of the city either personally or through agents or assistants duly authorized by him.

"City sewer system"

shall mean all or any part of the facilities acquired, constructed or used by the city for collection, pumping, treating, and disposing of sewage.

"Combined sewer" or "system"

shall mean a conduit or system of conduits intended to receive both wastewater and storm and/or surface water.

"Commercial building"

shall mean all buildings or premises used for any purpose other than a dwelling unit having a sewer discharge of a kind, type, and volume similar to a single-family dwelling unit or multi-unit residential structure including a mobile home park or recreational vehicle park, but not an industrial waste contributor. Any building or structure which has been constructed or altered to provide for two or more families or households, or which has been constructed or altered to accommodate travelers or transients, including mobile homes or recreational vehicles, will be considered a commercial building.

"Connection charge"

shall mean the cost charged by the city for connection to the city's sewer system. The connection charge may consist of, but not be limited to, the following components: an encroachment permit, new service investigation fee, inspection fee, engineering fees and a wastewater discharge permit application fee.

"Construction standards"

shall mean specifications for the connection of building sewers and main and lateral sewers prepared and modified from time to time by the city.

"Council"

is the common council of the city of Rogue River, Oregon.

"Dwelling, multiple-family" or "triplex/fourplex"

shall mean a building designated and/or used to house three or more families, living independently of each other.

"Dwelling, two-family" or "duplex"

shall mean a building containing not more than two kitchens, designated and/or used to house not more than two families, living independently of each other.

"Dwelling unit" or "single-family dwelling"

shall mean a building or portion thereof containing but one kitchen, designed and/or used to house not more than one family, including all necessary employees of such family. "Dwelling unit" will also include mobile homes and recreational vehicles if used as a single-family dwelling unit.

"Easement"

shall mean an acquired legal right for the specific use of land owned by others.

"Equivalent dwelling unit (EDU)"

is a common denominator that represents sewer use equivalent to that generated by a single-family residence.

"Family"

shall mean one person living alone, or two or more persons related by blood, marriage, or legal adoption, or an unrelated group not exceeding five persons living as a single housekeeping unit.

"Floatable oil"

is oil, fat, or grease in a physical state such that it will separate by gravity from wastewater by treatment in an approved pretreatment facility. Wastewater will be considered free of floatable fat if it is properly pre-treated and the wastewater does not interfere with the collection system.

"Funds" and "fund accounting"

are designed to demonstrate legal compliance and to aid financial management by segregating transactions related to certain city functions or activities. A fund is a separate accounting entity with a self-balancing set of accounts. The city's resources are allocated to and accounted for in individual funds based upon the purposes for which they are to be spent and the means by which spending activities are controlled.

"Garbage"

shall mean putrescible waste, except sewage and body wastes, including waste accumulated of animal, food or vegetable matter, and including waste that attends the preparation, use, cooking, dealing in or storing of meat, fish, fowl, fruit and vegetables; such wastes or accumulations of vegetable matter of residences, restaurants, hotel and places where food is prepared for human consumption. The term "garbage" shall not include recognized industrial by-products, nor will it include cans, boxes, cartons, papers or other objects which have food or other organic materials of any nature in or adhering thereto.

"Industrial user"

shall mean any nongovernmental, nonresidential user of publicly owned treatment works discharging more than the equivalent of 25,000 gallons per operating day of sanitary wastes and identified in the Standard Industrial Classification Manual, 1972, Office of Management and Budget, as amended and supplemented, under one of the following divisions:

1. Division A – Agriculture, Forestry, and Fishing;

2. Division B – Mining;

3. Division D – Manufacturing;

4. Division E – Transportation, Communication, Electric, Gas and Sanitary Services;

5. Division I – Service.

A user in the division listed may be excluded if it is determined that it will introduce primarily segregated domestic wastes or wastes from sanitary conveniences. That portion of domestic wastes or discharge from sanitary conveniences may be excluded when defining an industrial user.

"Industrial user charge"

shall mean that portion of the user's charge which is attributable to the industrial process. The operation and maintenance cost of the facilities constructed are prorated to each industrial user in proportion to that user's share of the total wastewater treatment cost. Factors such as flow, BOD and suspended solids will be considered and included as the basis for the user's contribution to ensure a proportional distribution of operation and maintenance and capital costs to each user.

"Industrial waste"

is the liquid wastes from industrial processes as distinct from sanitary sewage.

"Infiltration"

shall mean any water other than wastewater that enters a sewer system (including sewer service connections) from the ground through such means as defective pipes, pipe joints, connections, or manholes. Infiltration does not include, and is distinguished from, inflow.

"Inflow"

shall mean any water other than wastewater, including storm water surface runoff, that enters the sewer system during or immediately after rainfall. Points of entry may include, but are not limited to, connections with roof and area drains, storm drain connections, and holes in manhole covers in flooded streets. Inflow does not include and is distinguished from infiltration.

"Interceptor"

shall mean a sanitary sewer which receives the flow from a number of trunk, main, or lateral sewers and transports it to a treatment plant or other point of disposal.

"Lateral"

shall mean a sanitary sewer which will receive the flow from service connections and discharge into a main, trunk, interceptor, pump station, or treatment facility.

"Local government agency"

shall mean any legally constituted city, town, county, special district or other public agency under whose jurisdiction local sewerage facilities may be constructed or operated.

"Main"

shall mean a sanitary sewer which receives the flow from one or more laterals or service connections and which discharges into a trunk or interceptor or treatment facility.

"May"

is permissive.

"Mobile home" or "manufactured home"

is a vehicle or structure constructed for movement on the public highway, that has sleeping, cooking and plumbing facilities, is intended for human occupancy and is being used for residential purposes. "Mobile home" may include a recreational vehicle (RV) if such RV is so used.

"Mobile home park"

is as defined by the Jackson County planning department.

"Natural outlet"

is any outlet into a watercourse, pond, ditch, lake or other body of surface or ground water.

"Person"

is any individual, firm, partnership, company, association, society, corporation or group.

"pH"

shall mean the logarithm of the reciprocal of the hydrogen ions concentration. The concentration is the weight of hydrogen ions in grams per liter of solution. pH will be determined by one of the procedures outlined in standard methods. (pH is a measure of acidity or alkalinity.)

"Plan review and preliminary inspection fee"

shall mean the cost charged by the city for services provided by the city for reviewing plans and making preliminary inspections for providing connection to the city's sewer system in cases of land partitions or proposed subdivisions. This fee is an additional and separate fee from the city's connection charge or system development charge.

"Plumbing specialty code"

shall mean the Oregon State Plumbing Specialty Code and Administrative Rules.

"Pressure sewer"

shall mean a sewer receiving flow directly from a pump station and discharging under pressure into an interceptor, trunk, main, lateral, another pumping station, or treatment plant.

"Private sewer"

shall mean a sanitary sewer, storm sewer, or combined sewer, which is neither within the jurisdiction of nor owned, operated, or maintained by the city or a local government agency.

"Properly shredded garbage"

is the wastes from the preparation, cooking and dispensing of food that has 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"

is a sewer in which all owners of abutting properties have equal rights, and which is controlled by public authority.

"Public works department"

is the public works department of the city of Rogue River, Oregon.

"Public works director"

shall mean the employee of the council that is in charge of the public works department and has the authority to interpret and enforce the requirements of this chapter.

"Recreational vehicle" or "RV"

shall mean a self-propelled or towable mobile home designed for temporary dwelling purposes by nonresident travelers.

"Recreational vehicle dumping station"

shall mean a facility connected to a public sewer which accepts liquid wastes dumped from holding tanks of recreational vehicles such as travel trailers, motor homes, campers, and other mobile living units where such wastes pass into the public sewer system, regardless of whether such wastes are accepted by the recreational vehicle dumping station operator with or without charge.

"Recreational vehicle park"

shall mean a lot upon which two or more recreational vehicles occupied for living or sleeping purposes are located, regardless of whether a fee is paid for such service or accommodations.

"Sanitary sewer"

is a sewer which carries sewage and to which storm, surface, and ground waters are not admitted.

"Service (user charge)"

shall mean the charges, normally monthly, levied on all users of the public sewer system for the purpose of financing the construction, operation, and maintenance of the sewage collection, treatment and disposal system.

"Service connection"

shall mean a public sewer which has been constructed to the property line or right-of-way lines, from a public sewer lateral or main for the sole purpose of providing a connection for the building sewer.

"Sewage"

is a combination of the water-carried wastes from residences, business buildings, institutions, and industrial establishments.

"Sewage disposal agreement"

shall mean the agreement between the city and any local government agency or person providing for the delivery or receipt of sewage to or from the city sewage system and the acceptance or delivery by the city of such sewage.

"Sewage treatment plant"

is any arrangement of devices and structures used for treating sewage.

"Sewage works"

are all facilities for collecting, pumping, treating, and disposing of sewage.

"Sewer"

is a pipe or conduit for carrying sewage.

"Sewer user"

shall mean every person whose property is physically connected to the city's sewage system and every other person using any part of the city sewage system by special arrangements with the city.

"Shall"

is mandatory.

"Sludge"

shall mean any discharge of water or wastewater which in concentration of any given constituent or in quality of flow exceeds for any period of duration longer than 15 minutes more than five times the average 24-hour concentration of flows during normal operation and shall adversely affect the collection system and/or performance of the wastewater treatment works.

"Standard city specifications"

are those construction specifications which are on file in the public works department, to which all street and sewer improvement construction shall conform.

"Standard method"

shall mean the examination and analytical procedures set forth in the most recent edition of Standard Methods of the Examination of Water and Wastewater, published by the American Public Health Association, the American Water Works Association, and the Water Pollution Control Federation.

"Storm sewer" or "storm drain"

is a sewer which carries storm and surface water and drainage, but excludes sewage and polluted industrial wastes.

"Storm water"

shall mean waters on the surface of the ground or underground resulting from rainfall or other natural precipitation.

"Suspended solids"

are 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.

"System development charge (SDC)"

is a reimbursement fee, a public improvement charge or a combination thereof assessed or collected at the time of increased usage of an existing capital improvement, at the time of issuance of a development permit or a building permit, or at the time of a connection to a capital improvement. System development charges include that portion of a sewer or water connection charge that is greater than the amount necessary to reimburse the city for its average cost of inspecting and installing connections to water and sewer facilities. System development charges do not include fees assessed or collected as a part of a local improvement district (LID), or the costs of complying with requirements or conditions imposed in a land use decision.

"Trunk"

shall mean a major sanitary sewer into which more than two laterals or mains discharge and which transport the flow collected from laterals and mains to an interceptor, pumping station, or treatment plant.

"Wastewater"

shall mean the spent water of a community. From the standpoint of source, it may be a combination of the liquid and water-carried wastes from residences, commercial buildings, industrial plants, and institutions, together with any ground water, surface water, and storm water that may be present.

"Wastewater facilities"

shall mean the structures, equipment, and processes required to collect, carry away, and treat domestic and industrial wastes and dispose of the effluent.

"Wastewater treatment plant"

shall mean an arrangement of devices and structures for treating wastewater, industrial wastes, and sludge. Sometimes used as synonymous with "waste treatment plant" or "wastewater treatment plant" or "water pollution control plant."

"Watercourse"

is a channel in which a flow of water occurs, either continuously or intermittently.

Definitions of Additional Terms.

Words, terms, and expressions peculiar to the art or science of sewage not hereinabove defined shall have the respective meanings given in the latest edition of Glossary, Water and Waste Water Control Engineering, prepared by a joint committee representing American Public Health Association, American Society of Civil Engineers, American Water Works Association, and the Water Pollution Control Federation.

(Ord. 98-275-O § 1)

§ 13.10.020 Use of public sewers required.

A. Public Sewers Required.

1. The owners of all property, other than vacant lots, situated within the city and abutting on any street, alley or right-of-way in which there is now located or may in the future be located a public sanitary sewer of the city, is hereby required at their expense to install suitable toilet facilities therein, and to connect such facilities directly with the proper public sewer in accordance with the provisions of this chapter within 30 days after the date of official notice to do so; provided, that said public sewer is within 300 feet (91.5 meters) of the property line. In the event that, during the said period of 30 days, the said owner shall file written objections, conforming to the requirements of RRMC § 13.10.130, with the city against so being required to install said facilities, the city shall not enforce the provisions of this subsection upon said owner so filing his objections until the council shall have, at a meeting thereof, heard the objections of said owner, and rendered its decision thereon. Not less than seven days prior to the date set by the council for said meeting, the city shall mail notice of the date set therefor to said owner. The decision of the council shall be final and no recourse shall be available to said owner except as is provided by law.

2. At each time as a public sewer becomes available to a property served by a private sewage disposal system, as provided in RRMC § 13.10.030, a direct connection shall be made to the public sewer in compliance with this chapter, and any septic tanks, cesspools, and similar private sewage disposal facilities shall be abandoned and pumped clean and filled with suitable material under the supervision of the public works director.

3. No person shall operate and maintain a private sewage disposal facility within the area served by city facilities.

B. Violations.

1. It shall be a violation of this chapter for any person to use or occupy, or to permit to be used or occupied, any building not plumbed or drained in accordance with the provisions of this chapter.

2. It shall be a violation of this chapter for any person, firm, or corporation either as owner, architect, contractor, artisan, or otherwise to do or cause or permit to be done, any plumbing or drainage work in such manner that the same shall not conform to all of the provisions of this chapter.

3. It shall be a violation of this chapter for any person, firm or corporation to connect or cause to be connected with any public sewer of the city, either directly or through any private sewers, any property, house, or building that is not included under a permit duly issued in accordance with the provisions of this chapter.

4. Whenever, under the terms of this chapter, any dwelling or building shall be required to be connected to the city sewer system, it shall be a violation of this chapter for any occupant or occupants of such dwelling or building to use or maintain any sewage disposal facilities other than said city sewer system, or to live in or occupy any dwelling or building which is not connected to said city sewer system, unless application has been made for connection and all fees have been paid under the terms of this chapter.

5. It shall be unlawful for any person to place, deposit or permit to be deposited in any unsanitary manner upon public or private property within the city of Rogue River, or in any area under the jurisdiction of said city, any human or animal excrement, garbage, or other objectionable waste.

6. It shall be unlawful to discharge to any natural outlet within the city of Rogue River or in any area under the jurisdiction of said city, any sanitary sewage, industrial wastes, or other polluted waters.

7. Except as hereinafter provided within the area served, 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.

C. Violation of, or failure to comply with, any provision of this chapter is punishable by fine of not more than $1,000 per day; and each day that such violation shall continue and persist, after due notice thereof, shall constitute a separate and distinct violation of this chapter.

(Ord. 98-275-O § 2; Ord. 23-418-O § 64)

§ 13.10.030 Private sewage disposal.

A. Connection to Private Sewage Disposal System. Where the city sewer system is not available under the provisions of RRMC § 13.10.020, the building sewer shall be connected to a private sewage disposal system complying with the provisions of this section.

B. Approval. Before commencement of construction of any private sewage disposal system, the owner shall first apply to the city for written approval from the city stating that because of topography, distance, or other special factors, the city's sewer system cannot be supplied to the owner at the time, and the city has no objection to the installation of a subsurface disposal system. Any application for a private sewage disposal system permit must be made pursuant to the provisions of OAR 340-71. The city's approval letter, or a copy thereof, will be presented to the Oregon State Department of Environmental Quality or its authorized agent when applying for a subsurface disposal permit. The rules of the Oregon State Board of Health and the Oregon State Plumbing Specialty Code shall also be followed. The installation of a private sewage disposal system shall neither commence nor proceed without satisfying the requirements of this section.

C. Design. The type, capacities, location, and layout of a private sewage disposal system shall comply with all recommendations and requirements of the Oregon State Department of Environmental Quality, Oregon State Board of Health, and the Oregon State Plumbing Specialty Code. No septic tank or cesspool shall be permitted to discharge to any natural outlet.

D. Disconnection of Private Sewage Disposal System. At such time as the city's sewer system becomes available to a property served by a private sewage disposal system, as provided under RRMC § 13.10.020, a direct connection shall be made to the city's sewer system in compliance with this chapter, and any septic tanks, cesspools, and similar private sewage disposal facilities which are not then utilized in any approved plumbing facility shall be abandoned in compliance with state law and at no expense to the city. Septic tanks shall be removed or opened and filled with sand or gravel. Cesspools and similar private disposal facilities shall be filled with reject sand, bar run gravel, or other DEQ approved material. Where existing buildings are too low to be served by gravity to the city's sewage system, and when ordered by the city to connect to the city's sewer system as provided under RRMC § 13.10.020, pumping facilities meeting the requirements of the Oregon State Plumbing Specialty Code shall be installed by the owner, at his cost, to pump the building sewage into the city's sewer system.

E. Operating and Maintenance. The owner shall operate and maintain private sewage disposal or pumping facilities in a sanitary manner at all times, at no expense to the city.

F. Mandatory Connection. All persons, firms, corporations, architects, or others performing work upon a private sewage disposal system within the city shall contact the city to determine whether the property served by the private sewage disposal system is subject to the city's mandatory connection requirement. Such person shall apply for and secure a permit from the city before performing work on such private sewage disposal system.

G. Additional Requirements. No statement contained in this section shall be construed to interfere with any additional requirements that may be imposed by county or state health or environmental quality officials.

(Ord. 98-275-O § 3)

§ 13.10.040 Use of the city sewage system.

A. Prohibited Discharges.

1. No person shall discharge or cause to be discharged any storm water, surface water, ground water, roof runoff, subsurface drainage, cooling water or unpolluted industrial process waters to any sanitary sewer. Storm water 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 public works director. Industrial cooling water or unpolluted process waters may be discharged, upon approval of the public works director, to a storm sewer or natural outlet.

2. No person shall discharge, directly or indirectly, into the city sewer system any material or substance which is prohibited by this chapter. No person shall discharge any material whatsoever into a city manhole through its top.

3. No person shall discharge or cause to be discharged any of the following described waters or wastes to any public sewer:

a. Any water or waste which may contain more than 100 parts per million, by weight, of fat, oil or grease.

b. Any gasoline, benzene, naphtha, fuel oil, or other flammable or explosive liquid, solid or gas.

c. Solid or viscous substances in quantities of or such size capable of causing obstruction to the flow in sewers or other interference with the proper operation of the sewage works such as, but not limited to, ashes, cinders, sand, mud, straw, shavings, metal, glass, rags, feathers, tar, plastics, wood, unground garbage, whole blood, paunch manure, hair and fleshing, entrails and paper dishes, cups, milk containers, etc., either whole or ground by garbage grinders.

d. Any waters or wastes containing a toxic or poisonous substance in sufficient quantity to injure or interfere with any sewage treatment process, constitute a hazard to humans or animals, or create any hazard in the receiving waters of the sewage treatment plant including, but not limited to, cyanides in excess of two milligrams per liter of CN in the wastes as discharged to the public sewer.

e. Material from cesspools, septic tanks, chemical toilets, and privies.

f. 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.

g. Any noxious or malodorous gas or substance capable of creating a public nuisance.

h. Any holding tanks from recreational vehicles, discharge outside of designated dump areas, or any pumped sewage from septic tanks.

4. The following described substances, materials, waters, or wastes shall not be discharged or the discharges shall be limited in concentration and quantity if it appears likely, in the opinion of the council or council designee, that such wastes can harm either the sewers, wastewater treatment process, or equipment, have an adverse effect on the receiving stream, or can otherwise endanger life, limb, public property, or constitute a nuisance. In forming its opinion as to the acceptability of these wastes, the council or council designee will give consideration to such factors as quantities of subject wastes in relation to flows and velocities in the sewers, materials of construction of the sewers, nature of the wastewater treatment process, capacity of the wastewater treatment plant, opinion of city engineer, and other pertinent factors. The substances prohibited or requiring limitations on discharge are:

a. Any liquid or vapor having a temperature higher than 150 degrees Fahrenheit (65 degrees centigrade).

b. Wastewater containing more than 25 milligrams per liter of petroleum oil, nonbiodegradable cutting oils, or products of mineral oil origin.

c. Wastewater from industrial plants containing floatable oils, fats, or grease.

d. Any garbage that has not been properly shredded. The installation and operation of any garbage grinder equipped with a motor of three-fourths horsepower (0.76 hp metric) or greater shall be subject to the review and approval of the council, or council designee.

e. Any waters or wastes containing strong acid iron pickling wastes, or concentrated plating solutions whether neutralized or not.

f. Any waters or wastes containing iron, chromium, copper, zinc, and similar objectionable or toxic substances, or wastes exerting an excessive chlorine requirement, to such degree that any such material received in the composite wastewater at the wastewater treatment works exceeds the limits established by the council, or council designee for such materials.

g. Any waters or wastes containing phenols or other taste or odor-producing substances in such concentrations exceeding limits which may be established by the council, or council designee as necessary, after treatment of composite wastewater to meet the requirements of the state, federal, or other public agencies having jurisdiction of such discharge to the receiving waters.

h. Any radioactive wastes or isotopes of such half-life or concentration as may exceed limits established by the council, or council designee in compliance with applicable state or federal regulations.

i. 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 works.

j. Materials which exert or cause:

i. Unusual concentrations of inert suspended solids (such as, but not limited to, fuller's earth, lime slurries, and lime residues) or dissolved solids (such as, but not limited to, sodium chloride and sodium sulfate).

ii. Excessive discoloration (such as, but not limited to, dye wastes and vegetable tanning solutions).

iii. Unusual BOD, chemical oxygen demand, or chlorine requirements in such quantities as to constitute a significant load on the sewage treatment works.

iv. Unusual volume of flow or concentration of wastes constituting sludge as defined herein.

k. Water or wastes containing substances which are not amenable to treatment or reduction by the wastewater treatment processes employed, or are amenable to treatment only to such degree that the wastewater treatment plant effluent cannot meet the requirements of other agencies having jurisdiction over discharge to the receiving waters.

l. Any water or waters which, by interaction with other water or wastes in the public sewer system, release obnoxious gases, form suspended solids which interfere with the collection system, or create a condition deleterious to structures and treatment processes.

5. If any waters or wastes are discharged, or are proposed to be discharged to the public sewers, which waters contain the substances or possess the characteristics enumerated above and which in the judgment of the council or council designee may have a deleterious effect upon the sewage works, process, equipment, or receiving waters, or which otherwise create a hazard to life or constitute a public nuisance, the council or council designee may, in addition to any other remedies provided herein:

a. Reject the wastes;

b. Require pretreatment to an acceptable condition for discharge to the public sewers;

c. Require control over the quantities and rates of discharge; and/or

d. Require payment to cover the added cost of handling and treating the wastes not covered by existing taxes or sewer charges.

6. Approval Required. Review and acceptance by the council or council designee shall be obtained at least 30 days prior to the discharge into the city sewerage system, any industrial waste, or any waste having either:

a. A total of 30 pounds or more of suspended solids in any one day; or

b. A total of 30 pounds or more of BOD in any one day.

7. Submission of Basic Data. Each person who may be discharging to the city sewer system industrial wastes, wastes containing materials outside of the limits described herein or single users that will discharge over 25,000 gallons per day shall file with the city or a local government agency contracting with the city a wastewater discharge permit application that shall include pertinent data relating to the quantity and characteristics of the wastes discharged to the sewer system. A copy of this permit may be obtained from City Hall and shall be completed and filed with the city prior to receiving permission for a sewer connection.

8. Similarly, each person desiring to make a new connection (or reconnection) to the city sewer system for the purpose of discharging what may be defined as industrial wastes, shall prepare and file with the city, or a local government agency contracting with the city, a report that shall include actual or predicted data relating to the quantity and characteristics of the waste to be discharged.

a. In addition to any other report or data required by subsections (A)(7), (8) and (9) of this section, each such person shall complete and file with the city of Rogue River a city of Rogue River wastewater discharge permit application on such form as may now or hereafter be required by the city. Approval of such application by the city of Rogue River shall be required before any new connection (or reconnection) is made to the city sewer system.

b. Any such person who is so approved as provided above also agrees to abide by and follow all applicable city of Rogue River ordinances regulating discharge of what may be defined as industrial wastes. Any violation of Rogue River city ordinances relating to such discharge shall also constitute a violation of subsection (A)(5) of this section.

9. Data requested may include:

a. Wastewater's discharged peak rate and volume over a specified time period.

b. Chemical analysis of wastewaters.

c. Information on raw materials, processes, and products affecting wastewater volume and quality.

d. Quantity and disposition of specific liquid, sludge, oil, solvent, or other materials important to sewer use control.

e. A plot plan of sewers of the user's property showing sewer and pretreatment facility location.

f. Details of wastewater pretreatment facilities.

g. Details or systems to prevent and control the losses of materials through spills to the municipal sewer.

B. Pretreatment and Flow Equalization.

1. Where required in the opinion of the council or council designee to modify or eliminate wastes that are harmful to the wastewater facilities, the industry, or persons discharging or applying to discharge such wastes shall provide at their expense such preliminary treatment or processing facilities which, in the opinion of the council or council designee, may be necessary to render the wastes acceptable for admission to the public sewers.

2. Design and Installation. The design and installation of the pretreatment or flow equalization plants and equipment shall be subject to the review and approval of the council or council designee and subject to the requirements of all applicable codes, ordinances and laws.

3. Maintenance and Operation. Where preliminary treatment facilities are provided for any water or wastes, they shall be maintained continuously in satisfactory and effective operation, by the owner at his expense.

4. Grease, Oil and Sand Traps. Grease, oil and sand interceptors shall be provided by hotels, restaurants, filling and service stations, laundries, meat packing plants, woolen mills, milk processing plants, metal fabrication plants, government or residential facilities with central kitchens and other places when it shall be shown by the public works director that they are necessary for the proper handling of liquid wastes containing grease in excessive amounts, or any flammable wastes, sand, and other harmful ingredients; except that such interceptors shall not be required for private living quarters or dwelling units. All interceptors shall be of a type and capacity approved by the public works director and shall be located so as to be readily and easily accessible for cleaning and inspection. The public works director shall have access to all interceptors for inspection purposes. Denial of access shall be considered a violation of this chapter and the owner may be fined in accordance with RRMC § 13.10.020(B). Grease and oil interceptors shall comply with the Oregon State Uniform Plumbing Code.

The owner shall be responsible for proper removal and disposal by appropriate means of the captured material and shall maintain records of the dates and means of disposal which are subject to review by the city.

5. All wastes containing soil, dirt and/or sand shall be settled a minimum of two hours in an acceptable basin before discharge to a public sewer.

C. Waste Sampling and Monitoring.

1. Inspection of Waste Discharges. Wastes discharged into the public sewers shall be subject to periodic inspection and determination of character and concentration. The determinations shall be made as often as deemed necessary by the council, or council designee.

2. Sampling by City. When automatic flow measurement and sampling facilities are not available, the samples shall be collected by the city in such a manner to be representative of the composition of the wastes. The sampling may be accomplished either manually or by the use of mechanical equipment. Access to the sampling locations shall be granted to the council or its designee at all times.

3. Flow Measurement and Sampling Facilities. The owner of any property served by a building sewer carrying industrial wastes shall install a suitable control manhole in the building sewer to facilitate observation, sampling and measurement of the wastes. Such manhole, when required, shall be accessible and safely located and shall be constructed in accordance with plans approved by the public works director. The manhole shall be installed by the owner at his expense, and shall be maintained by him so as to be safe and accessible at all times.

4. All measurements, tests, and analysis of the characteristics of waters and wastes to which reference is made in this chapter shall be determined in accordance with standard methods for the examination of sewage, and shall be determined at the control manhole provided for in subsection (C)(3) of this section 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 building sewer is connected. Sampling shall be carried out by customarily accepted methods to reflect the effect of constituents upon the sewage disposal works and to determine the existence of hazards to health, safety, and property.

5. The public works director or other duly authorized employees of the city bearing proper credentials and identification shall have the authority to inspect, or cause to be inspected, all buildings and premises, except the interiors of dwellings, as often as may be necessary, for the purposes of inspection, observation, measurement, sampling, and testing, in accordance with the provisions of this chapter.

The city shall be given reasonable notice to allow inspection of a sewer connection before completion, and while the connections are still uncovered. All work is to be done in accordance with the specifications contained in the permit and contained in the Oregon Uniform Plumbing Code.

D. Special Agreement.

1. No statement contained in this chapter shall be construed as preventing any arrangement between the city and any business whereby waste of unusual strength or character may be accepted by the city for treatment, either before or after pretreatment; provided, that there is no impairment of the functioning of the wastewater treatment facilities by reason of the admission of such wastes, subject to payment therefor by the business as provided in this code.

2. Any special agreement or arrangement entered into between the city and any person as provided for in this section shall be in writing, signed by all parties required by the city in its discretion and shall be in such form as required by the city.

(Ord. 98-275-O § 4)

§ 13.10.050 Building sewers connections and reconnections.

A. Unauthorized Connections and Reconnections. No unauthorized person shall uncover, make any connections with or opening into, use, alter, or disturb, any public sewer or appurtenance thereof without first obtaining a written sewer tap permit and a street cut permit as required by this code.

B. Building Sewer Permits.

1. There shall be three classes of building sewer permits for the city:

a. Residential.

b. Commercial service.

c. Industrial service.

In any case the owner or his agent shall make application for sewer service on a form furnished by the city. The permit application shall be supplemented by plans, specifications, or other information considered pertinent in the city's judgment.

2. Each lot or building site or mobile home/manufactured home site shall have a sewer permit issued by the city upon proof of evidence that a building permit or required placement permit has been issued by the county or city. As a condition of issuing a permit, the city may require inspection by the city engineer and payment of his reasonable charges by the party desiring to connect.

3. Conditions for Issuing Permits. Every permit to be issued under this section shall be issued under the following conditions:

a. Construction of the building sewer shall start within four months from the date of issuance of the permit;

b. Construction of the building sewer shall be completed within 12 months from the date of issuance of the permit;

c. The time limit provided above may be extended to a maximum of 18 months by a showing of good cause by the sewer connection permit holder as hereinafter provided.

4. A sewer permit holder may seek extension of the time limits for commencement of construction or completion of the building sewer by written request showing good cause delivered to the city or by mail prior to the expiration of the building sewer permit. Good cause for extension of time shall be limited to a showing of circumstances that were outside the control of the sewer connection permit holder that prevented the commencement of construction or completion of the building sewer within the time limits specified by this chapter. Good cause does not include financial problems of the sewer connection permit holder preventing commencement or completion of the building sewer. Any decision granting extension of time limits shall be limited to the period of time necessary to grant relief from the circumstances showing good cause, not to exceed the limits specified above. A decision on a request for extension of time limits shall be made in writing and mailed to the service connection permit holder at the address shown on the permit.

5. The city administrator shall determine all requests for extension for good cause filed pursuant to subsections (B)(3) and (4) of this section. Any sewer connection permit holder whose request for extension of time limits is denied, may appeal the decision of the city administrator to the council, by complying with the requirements of RRMC § 13.10.130. At the council's next regular meeting, or at the time provided by RRMC § 13.10.130, the council shall review the decision of the city administrator being appealed to determine whether good cause exists as herein defined by an extension of time. The council may affirm the decision of its city administrator or overrule the city administrator's decision. If overruled, the council may grant an extension of time as provided herein.

C. Connection Charges.

1. A connection charge is hereby established by the council. The connection charge shall be a charge imposed by the council upon the person, firm, or corporation seeking to connect to the city sewer system. The connection charge imposed by this chapter is based upon the actual cost of connection to the system and does not impose a fee on persons not receiving city sewer service. The connection charge shall apply to each building, structure, residence, building site, mobile home site, commercial unit, or industrial unit seeking connection or reconnection to any part of the city's sewer system or which is to be benefitted by the city's sewer system. The connection charge is as established by the council and may be changed or adjusted annually or more frequently at the discretion of the council as the cost of connection or reconnection to the city's sewer system changes.

2. The connection charge shall consist of all required components as defined in RRMC § 13.10.010, all of which are hereby established by the council. All applications for a building sewer permit shall be accompanied by the fees established by this section. All required fees shall be paid, in full, to the city at the time application is made to the city for sanitary sewer service.

3. The hookup fee component of the city's connection charge shall be paid by the applicant to the city at the time the city issues the sewer permit applied for by the applicant.

4. The connection charge required by this chapter shall be paid, in full, by the applicant by the time the city issues the sewer permit applied for and, in any event, within 30 days of the written notice of the availability of sanitary sewer service as herein provided. There shall be added to a connection charge not paid when due a one-time service charge in the amount of 25 percent of the total connection charge.

5. Connection charge receipts shall be deposited by the city into its general fund. The schedule of the current components of the connection charge may be obtained from City Hall.

6. No person shall erect, construct, enlarge, alter, repair, move, improve, convert, or demolish any building or structure in the city which will substantially increase the quantity, nature, or cost of processing the sewage discharge into the Rogue River or cause the same to be done without first obtaining a separate building permit for each such construction project and paying the applicable connection fees.

7. All construction or work for which a permit is required shall be subject to inspection by the city of Rogue River or its city engineer and certain types of construction shall have continuous inspection by the city's engineer. Inspection costs, depending upon the type of connection, are part of the city's connection charge. Other inspection costs, specifically those relating to mainline extensions and new service laterals installed by a developer/owner, shall be paid to the city on an actual cost basis by the developer or owner pursuant to this chapter or special contract entered into between the city and the developer/owner.

8. A person reconnecting a building or structure to a building sewer or to a public sewer through a building sewer or connecting a mobile home in a mobile home court on a space which has previously connected to the public sewer shall not be required to pay the connection charges unless the building or structure is changed so as to add one or more additional dwelling units, in which event the connection charge will be applicable to the additional dwelling unit or units.

D. Building Sewer Costs.

1. All costs and expenses incident to the installation, connection, or reconnection of the building sewer to the city sewer system shall be borne by the developer/owner. The owner, and his agents, shall agree to indemnify and defend the city from any loss or damage that may directly or indirectly be occasioned by any connection to the city's sewer system.

2. At any time when a city customer seeks to develop one or more building sites either pursuant to a land partition or a proposed subdivision, the city will incur costs for plan review and preliminary investigation in relationship to providing sanitary sewer services. All costs and expenses incident to the city's review of the owner's plans shall be borne by the owner. A separate plan review and preliminary investigation fee is hereby established to cover the actual cost to the city of plan review and preliminary investigation. This fee shall be reviewed annually by the council, and changed or adjusted annually or more frequently at the discretion of the council. The plan review and investigation fee shall reflect the estimated actual average cost to the council of providing this service to an owner.

E. Disconnection of Building Sewer.

1. At any time when any building or structure which is connected to the city's system is destroyed by fire or is torn down and no longer connected to the sewer system, the owner thereof shall notify the city in writing stating the date of destruction or removal of said improvements and thereafter there shall be no monthly service charge made to said property until new improvements are placed on said premises and reconnected to the sewer system. When the owner discontinues the use of the sewer facilities such owner shall request, in writing, approval to plug the building sewer. The building sewer shall be plugged watertight at the property line by the property owner. If the owner does not make the disconnection within 30 days of the date of discontinuance of use, the city shall, upon written notice to the owner, plug the building sewer. A fee set by the council for the costs to the city in plugging the building sewer shall be due and payable by the owner.

2. An owner of a property that is only a part-time resident shall not be allowed to disconnect the building sewer when the property is not occupied. The owner of the property shall pay a minimum user fee charge as established by the city council.

F. Separate Building Sewer.

1. A separate and independent building sewer with cleanout at the property line shall be provided for every building unless deviation is authorized by the council, or council designee; provided, however, that apartment courts, motels, and similar structures held under single ownership shall be permitted to use a single sanitary sewer connection while such single ownership shall continue. Such single connection shall be of a size and type approved by the council or council designee as adequate for the purpose.

2. Old building sewers may be used in connection with new buildings only when they are found, on examination and test by the public works director, to meet all requirements of this chapter.

G. Restricted Connections. No person shall make connection of rain drains, rain leaders, roof downspouts, exterior foundation drains, area drains, or other sources of surface runoff or groundwater to a building sewer or building drain which in turn is connected directly or indirectly to a public sanitary sewer.

H. Standards for Building Sewer Construction. Materials and workmanship for building sewer construction shall meet the requirements of subsection (B) of this section.

I. Inspection and Testing.

1. Construction, inspection, and testing of building sewers shall conform to the standards for building sewer construction of the city together with all amendments thereof. Copies of the standards for building sewer construction are available for review at the office of the public works director.

2. Certain procedures may require the supervision or inspection of the city engineer. When such supervision or inspection is required, the expense of such shall be paid by the party in construction. The city shall inspect the connection between the building sewer and the service connection.

3. The applicant for the building sewer connection permit required by this chapter shall notify the public works department when the building sewer is ready for inspection and connection to the public sewer. The connection shall be made under the supervision of the public works director or his representative. No dirt shall be placed over the building sewer or connection until it has been inspected.

4. The building sewer is required to be inspected and tested by a state plumbing inspector. The state's written approval of the system shall be filed at the city's office.

5. The city shall be given a minimum 24 hours' notice prior to any required inspections. Failure to give such notice may cause the city customer to incur additional costs.

J. Conformity to City Standards.

1. Owners of property shall connect their building sewers to the public sewer by any of the following methods, in addition to procedures provided by this chapter or other ordinances of the city.

a. By constructing a sewer line which shall meet the following requirements and which shall thereafter be dedicated to the city with the necessary easements.

i. The size, grade and location of such sewer connection line shall be such as to provide for the anticipated future development of the lots in the adjacent area, and for the connections to such sewer connection line which such development may generate.

ii. A plan and profile of such sewer connection line shall be filed with the city at the time that the permit for connection to the public sewer is requested, and before construction of such sewer connection line commences. Construction of the sewer connection line beyond the owner's property lines shall comply with the standard construction specifications on file in the public works department. After a public sewer is constructed an as-built plan and profile shall be filed with the public works director.

iii. Construction of the sewer connection line shall be inspected and found to comply with this chapter before being covered.

iv. Where the sewer connection line passes between or through one or more private lots, an easement and right-of-way shall be granted to the city by the private property owner for the purpose of maintenance, operation, and repairing of such sewer connection line and for all sewer line purposes necessary or reasonable incident to the uses and purposes thereof, including any connections with the sanitary sewer system of the city, but not limited thereto.

2. The size, slope, alignment, materials of construction of a building sewer, mainline extension or lateral extension, and the methods to be used in excavating, placing of the pipe, joining, connecting, testing, and backfilling the trench, shall all conform to the permit conditions and to the requirements of the Oregon State Plumbing Laws and Administrative Rules, and all other application rules and regulations of the state of Oregon.

K. As-Built Drawings Required. Prior to final connection to the city's existing sewer system, and before the public sewer is used, the property owner, developer, or his agent shall provide the city with written documentation as stated in RRMC § 13.10.090(C). The city shall approve the connection between public and private sewer and any work associated with the service connection. The property owner, developer, or his agent shall also provide the city with an as-built drawing of the service connection.

L. Responsibilities of Owner. The property owner or his agent shall be responsible for the operation, maintenance and condition of the entire building sewer, starting at the sewer main in the street or sewer easement right-of-way. The property owner shall install a cleanout at the street or sewer easement right-of-way line.

M. Sewer Main Extensions.

1. Property owners may petition the city council to extend the public sewer in a manner to be financed as described hereafter. When considering such extension of the public sewer, the city council shall have before it a report of:

a. The total cost of installation of a sewer extension of a design and capacity sufficient to serve the entire adjacent area.

b. The proportionate share of such total cost which shall reflect the benefits to each property which may be connected to the sewer extension, such proportionate costs to be determined in the same manner as for an improvement district.

At such time as the city council determines that a sewer extension shall be made by the manner herein described, and when appropriations therefor have been budgeted, all costs for such sewer extension shall be financed from the sewer fund. As stated in RRMC § 13.10.020(A)(1), all improved property within 300 feet of the public sewer shall be required to connect to the public sewer.

2. Connections for buildings located outside the corporate limits of the city shall be made by the owners of such buildings. The fee for such connection shall be twice the rate that applies to buildings within the city as set forth above.

3. All such sewer main line extensions and lateral extensions, exclusive of building drains, shall become the property of the city upon completion of the same by the owner or contractor and inspection and acceptance by the city. The owner or person constructing such extension shall provide and dedicate to the city an easement of a width and length required by the city for maintenance and operation of said extension prior to the completion of construction and acceptance of the same by the city.

4. Any and/or all plumbing contractors making connections of private sewers to the city's sewer system on behalf of any owners of property therein shall be licensed, bonded contractors within the state of Oregon, and carry sufficient insurance to indemnify the city and the inhabitants thereof against any loss or damage which the city or its inhabitants may suffer by reason of the action of said contractors in making said connections.

5. All sewer main line and lateral extensions, exclusive of building drains, shall comply with the requirements of subsection (C)(2) of this section.

N. Work by Owner/Developer. The city may issue a building sewer permit to a property owner or his agent who certifies on his application that the work covered by the permit will be performed by himself or his agent, or by a licensed, qualified plumbing contractor, either of which installation shall be inspected and approved by the city. However, it if appears to the public works director, or to the city engineer, that the property owner or his agent is not qualified to perform the work, taking into account the character, complexity, and potential hazards of the work, and the knowledge and experience of the property owner who will perform it, the public works director may require that all or any portion of the work which, in his/her judgment, such property owner or his agent is not qualified to perform, be performed by a qualified, licensed, bonded plumbing contractor.

O. Connection Charge.

1. The council specifically finds that the connection charge imposed by this chapter is not intended to be a tax on property or on a property owner as a direct consequence of ownership of property within the meaning of Section 11B, Article XI of the Oregon Constitution or the legislation implementing that section. The connection charge imposed by this chapter is separate from and in addition to any applicable tax, assessment, charge, or fee otherwise provided by law or imposed as a condition fee imposed by this resolution is not classified by the council or intended to be a tax on property or on a property owner as a direct consequence of ownership of property within the meaning of Section 11B, Article XI of the Oregon Constitution or the legislation implementing that section. The council intends that the connection charge imposed by this chapter is not subject to the limits of Section 11B, Article XI of the Oregon Constitution. The city shall publish notice of this classification as required by ORS 305.583(8). The council specifically finds that the connection charge imposed by this chapter is a fee for service and not a charge against property.

The fees received by the city for connection charges shall be accounted for by the city in its general fund.

2. A separate and independent building sewer shall be provided for every building; except where one building stands at the rear of another on an interior lot and no private sewer is available or can be constructed to the rear building through an adjoining alley, court, yard, or driveway, the building sewer from the front building may be extended to the rear building and the whole considered as one building sewer. When one service connection serves two or more buildings, each building shall pay a connection fee.

(Ord. 98-275-O § 5; Ord. 23-418-O § 65)

§ 13.10.060 Usage fees.

A. Rates and Charges.

1. There are hereby levied and imposed upon all users of the city sewer system just and equitable rates and charges for the purpose of acquiring, constructing, contracting for, equipping, operating and maintaining within the city all equipment and apparatus necessary, useful or convenient for collection of sewage and disposal thereof, and for the construction of such sewer lines or the reconstruction or repair, including storm sewer separation of such existing sewer lines, as may be necessary and convenient for a complete sewage disposal system and for the operation and maintenance of the sewage disposal system. All deposits, fees, rates and charges, connection or improvements for services established by this chapter shall be set by resolution adopted by the city council. Said resolution shall be kept on file with the city recorder and shall be reviewed annually as the council deems appropriate. The council shall also, by resolution, impose upon all industrial users a rate and charge based upon the industrial user's flow rate into the city's sewer system and the cost of processing such sewage versus the flow rate and total cost of such sewage processing.

2. The current rates and charges for users of this system shall be in accordance with a sewer rate schedule adopted by the council.

3. In October of each year, the common council of the city of Rogue River may establish a committee or designate an existing committee which shall assemble the facts which are essential to proper determination of cost of service and the fixing of reasonable rates. Council members may not constitute a majority of the committee. Such committee shall have and keep up to date an inventory of the property used in public service, the cost of such properties as actually and reasonably incurred or as fixed by appraisal, the depreciation and all matters that enter into the periodical adjustment of the rate base. The committee shall have the power to confer with the council's attorney, accountant, and engineer, secure reasonable assistance from the city staff, make inspections and conduct examinations of the city's properties, accounts and records as shall be necessary or appropriate to carry out the provisions of this commission. The committee shall work under the direction of the council and shall make a comprehensive report and recommendation to the council at the regular monthly meeting of the common council in November of each year.

B. Billing.

1. The council, or its designated agent, is hereby required to collect the just and equitable rates and charges for the purposes of acquiring, constructing, contracting for, equipping, operating, maintaining, or owning within the city a sewage disposal plant and all equipment and appurtenances necessary, useful, or convenient for a complete sewage disposal plant and for construction of such new sewer lines or the reconditioning and repair of such existing sewer lines as shall be necessary and convenient for a complete sewage disposal system and for the operation and maintenance thereof; and all such charges collected by the council shall be paid to the city and be placed in the appropriate fund.

a. All bills shall be rendered monthly. The utility department shall keep an accurate account on all customers billed and such account so kept shall be offered at all times, places and courts as prima facie evidence of the use of sewerage service by the customer.

b. Opening or closing bills, or bills that for any other reason cover a period other than the normal billing period shall be prorated; however, such proration shall never be less than the minimum monthly service charge. Each customer about to vacate any premises supplied with sewerage service by the public works department shall give the utility department written or oral notice of his intentions at least two days prior thereto, specifying the date service is to be discontinued. The account will then be put into the current property owner's name.

2. The monthly rates for sewerage system use shall be added to the water bill of each user of water from the city water system. Users of the sewerage system who are not users of water from the city water system shall be billed separately by the utility department for use of the sewerage system. Sewerage system charges shall become due and payable on the date upon which water bills are due. If such charges are not paid within 30 days of the due dates thereof, the city, at its option, and after due notice to the user and/or property owner, may discontinue water service to the premises served. Unpaid sewerage system service charges due from users of the sewerage system who are not users of the water system of the city shall become delinquent 30 days from the date of mailing or delivery of notice thereof.

a. When accounts become delinquent, the utility department or its authorized representative may require deposit in addition to any previous deposit in order to fully secure payment of bills for sewer service and related charges.

b. Notices from the utility department to the customer will normally be given in writing and either mailed or delivered to them at their last known address. Where conditions warrant and in emergencies, the utility department may notify either by telephone or messenger. A delivery or posting of the notice to the premises served by the sewerage system shall be considered delivered to the customer and/or owner.

c. Notices from the customer to the utility department may be given by the customer or his authorized representative orally or in writing at the office of the utility department in the City Hall or to an agent of the public works department duly authorized to receive notices or complaints.

C. Due Date. Unless otherwise provided, each and every fee and service charge hereinabove fixed or established shall be due and payable within 30 days from the first day of the month next following the month or fractional month of service. If such fee or charge is not paid to the utility department within such period, such fee or charge shall become a lien in favor of the city against the property served or subject to service. The city recorder shall make a record of such lien in the city lien book or docket. Such record shall show the amount of the lien, the due date, a description of the property affected or charged with the lien, and the name of the recorded owner or contract owner of the property if known.

D. Collection of Charges. The city may use such means of collection of sewer liens, deposits, rates, charges or sewer connection fees as are provided by the laws of the state of Oregon or are authorized by the Charter and ordinances of the city. Any delinquencies in payment thereof may be certified to the assessor for Jackson County, Oregon. Any overdue sewer charge or fee may further be collected, at the option of the city, by an action at law in the name of the city.

The city will charge a fee for responding to a title search request or otherwise researching an account for unpaid fees.

E. User Fee Schedule.

1. User charges shall be levied on all users of the public treatment works. Such charges shall cover the cost of operation and maintenance, debt service, replacement, and other administrative costs of such treatment works. The user charge system shall distribute these costs in proportion to each user's contribution to the wastewater loading of the treatment works.

2. There shall be assigned to each user an appropriate number of EDUs and this number shall represent the ratio of the user's average monthly water consumption from November 1st through April 1st divided by the average water consumption of a single-family dwelling for the same time period.

3. The user charge shall be calculated by multiplying the total number of EDUs for each user by the base charge. If water consumption exceeds the base consumption there shall be an additional charge for the increased usage. This additional charge shall be based on a charge per 100 cubic feet. If water consumption does not exceed the base consumption, the user shall pay only the base charge.

4. Should any user believe that he has been incorrectly assigned a number of EDUs, that user may apply for review of his user charge as provided in subsection (F) of this section.

5. If it has been determined by the city that a user's wastewater contribution is incorrectly assigned, the city shall reassign a more appropriate value to that user and shall notify that user of such reassignment.

6. Records of all assigned wastewater contributions forming the basis of the charges shall be kept on file with the city administrator and shall be open for public inspection.

7. The sewer user charge for all occupied property shall begin the day that connection is made to the public sewer. The sewer user charge for all unoccupied property shall begin on the first day of occupancy. All unoccupied property which is ready for occupancy at the time the sewer service becomes available shall be treated as occupied property. Once the sewer user charge has commenced, no credit shall be given for vacancy.

F. Review and Revision of Rates.

1. The sewer user charges established in subsection (E) of this section shall be reviewed annually and revised periodically to reflect actual costs of operation and maintenance, debt service and replacement of treatment works and to maintain the equitability of the user charge system in proportion to each user's contribution to the total wastewater flow.

2. Water usage for the period of November 1st through April 1st will be evaluated from April 1st through October 1st. Any adjustments in rates will begin November 1st of each year.

G. General Fund. The sewer fund shall be kept as a fund to be used for the proper operation, maintenance and administration on the city's sewer system and for the purposes enumerated in RRMC § 13.10.020.

H. Water Consumption.

1. Subject to the following exceptions all water quantities are to be determined by the amount of metered water delivered to said premises from the city of Rogue River water system.

2. Exceptions. Upon proper application and submission of evidence which reasonably convinces the council that an exception should be made, the council shall grant an exception from the general rule in the following cases:

a. In the case of water for the purposes of generating steam.

b. In the case of commercial or industrial water users with either irrigation or sprinkling systems.

c. In the case of users who claim a substantial portion of their water does not flow into the sanitary sewer system, but instead legally flows into a creek, river or storm drain.

3. Water users desiring that the council shall make an exception in their case shall make application under oath in writing to the city or to its authorized agent requesting an exception and fully explaining the grounds therefor and such application shall be carefully considered by the council at its next council meeting.

If such user is unsatisfied by the council's decision on the application, such user may, at his expense and under the direction of the city, install a separate meter which shall meter only the waste entering the sanitary system and such persons, firm, or corporation shall pay the equitable sewage disposal charge or rate thereon as herein provided.

4. In the event that any person connected to the sewer does not obtain the entire amount of water used upon the premises from the municipal water system, then such person shall be required to install a meter at his own expense and make the same available to the city or its authorized agent for reading to determine the amount of water actually used upon the premises or sewage discharged into the system.

5. In any case in which water of whatever origin is used in the manufacture or processing of commodities for sale or is used for other industrial manufacturing or irrigation purposes and said water does not reach the sanitary sewer system of the city, then and in that event the flow of the sewer may be ordered metered at the expense of the user of the sewer.

I. Termination of Usage Fees. If the demolition of improvements and clearing of property serviced by the city's sewer system results in permanent termination of sewage discharge into the city's sewer system, the city administrator, upon receipt of a written application signed by the owner of such property, shall terminate usage fees for such property effective the month following receipt of such application.

(Ord. 98-275-O § 6)

§ 13.10.070 Establishment of systems development charges and related procedures.

A. Imposition of Systems Development Charge. During the 1989 session of the legislative assembly of the state of Oregon, a local framework for the imposition of a systems development charge (SDC) by local governments was established by the provisions of ORS 223.297 through 223.314.

Among other things, the statutory provisions define and limit the purpose, use, and method of calculation of and accounting for SDC imposed and collected by the city of Rogue River.

The city of Rogue River adopted a systems development charge system as identified in the system development resolution. A copy of the document may be reviewed at City Hall.

B. Establishment of Systems Development Charge. The city has determined to amend its previously existing SDC and establish new SDC regulations in the manner which follows. Therefore, it is ordained by the common council of the city of Rogue River that an SDC be established in accord with the sections that follow.

C. Purpose. The purpose of the SDC is to impose a portion of the cost of capital improvements for the city's sewer system upon those customers of the city who create the need for or increase the demands on capital improvements by connection to the city's sewer system.

D. Scope. The SDC imposed by this section is separate from and in addition to any applicable tax, assessment, connection charge, or fee otherwise provided by law or imposed as a condition of development or based upon the ownership of property. The SDC imposed by this section is not classified by the city or intended to be a tax on property or on a property owner as a direct consequence of ownership of property within the meaning of Section 11B, Article XI of the Oregon Constitution or the legislation implementing that section. The city intends that the SDC imposed by this resolution is not subject to the limits of Section 11B, Article XI of the Oregon Constitution. The city administrator shall publish notice of this classification as required by ORS 305.583(8).

E. Definitions. As used in this section, the following terms shall be defined as follows:

"Capital improvement"

shall mean facilities or assets used for the collection, pumping, treating, and disposing of sewage.

"Connection to system"

shall mean the actual physical connection to the wastewater system or the application for service and payment of required fees.

"Improvement fee"

shall mean a fee defined by ORS 223.299(2) for costs associated with capital improvements to be constructed after the date the ordinance codified in this chapter is adopted.

"Qualified public improvement"

shall mean a capital improvement that is:

1. Required as a condition of residential development approval;

2. Identified in the plan adopted pursuant to ORS 223.309; and

3. Is not located on or contiguous to property that is the subject of residential development approval. As used in this definition, "contiguous" means in a public way which abuts.

"Reimbursement fee"

shall mean a fee defined by ORS 223.299(3) for costs associated with capital improvements constructed or under construction on the date the ordinance codified in this chapter is adopted.

"System development charge"

shall mean a reimbursement fee, an improvement fee, or a combination thereof assessed or collected at the time of increased usage of a capital improvement or connection to the system. "System development charge" includes that portion of a system connection charge that is greater than the amount necessary to reimburse the city for its average cost of inspecting and installing connections to the city's sewer system. "System development charge" does not include fees assessed or collected as part of a local improvement district or a charge in lieu of a local improvement district assessment or the costs of complying with requirements or conditions imposed by a land use decision.

All other definitions used in this section shall have the same meaning as defined in RRMC § 13.10.010.

F. Method of Establishing Systems Development Charge.

1. Systems development charges shall be established or revised by resolution of the common council of the city of Rogue River.

2. The city shall maintain a list of persons who have made a written request for notification prior to adoption or amendment of a methodology for the system development charge. Written notice shall be mailed to persons on the list at least 45 days prior to the first hearing to adopt or amend the system development charge, and the methodology supporting the adoption or amendment shall be available at least 30 days prior to the first hearing to adopt or amend. The failure of a person on the list to receive notice that was mailed shall not invalidate the action of the city. The city may periodically delete names from the list, but at least 30 days prior to removing a name from the list, the city shall notify the person whose name is to be deleted that a new written request for notification is required if the person wishes to remain on the list.

G. Authorized Expenditures.

1. Reimbursement fees shall be applied only to capital improvements for the city's sewer system, including expenditures relating to payment of indebtedness.

2. Improvement Fees.

a. Improvement fees shall be spent only on capacity-increasing capital improvements, including expenditures relating to payment of future debt for the improvements. An increase in system capacity occurs if a capital improvement increases the level of performance or service provided by existing facilities or provided by new facilities. The portion of the improvements funded by improvement fees must be related to demands created by current or projected development.

b. A capital improvement funded wholly or in part from revenues derived from the improvement fee shall be included in the plan adopted by the council pursuant to subsection (I) of this section.

c. Notwithstanding subsections (A) and (B) of this section, SDC revenue may be expended on the direct costs of complying with the provisions of this chapter, including the costs of developing SDC methodologies and providing an annual accounting of SDC expenditures.

H. Expenditure Restrictions.

1. SDC shall not be expended for costs associated with the construction of administrative office facilities that are more than an incidental part of other capital improvements.

2. SDC shall not be expended for costs of the operation or routine maintenance of capital improvements.

I. Improvement Plan. The council shall adopt the plan that:

1. Lists the capital improvements that may be funded with improvement fee revenues; and

2. Lists the estimated costs and time of construction of each improvement; and

3. Describes the process for modifying the plan. The council may modify any such plan at any time.

J. Collection of Charge.

1. The SDC is payable upon issuance of a permit to connect to the wastewater system.

2. If connection is made to the wastewater system without an appropriate permit, the SDC is immediately payable on the earliest date that the permit was required.

3. The council and/or city administrator shall collect the applicable SDC from the applicant prior to issuance of a permit that allows connection to the wastewater system.

4. The council and/or city administrator shall not allow a connection to the wastewater system until the charge has been paid in full.

5. In lieu of a payment under subsection (K)(1) of this section, the new connection may exercise his right under state law to "Bancroft" the SDC. Such charge shall thereupon become a first lien against the property served and shall have the same effect as an assignment lien for a public improvement and shall be duly recorded in the docket of Jackson County and city of Rogue River liens.

K. Credits.

1. A system development charge shall be imposed when a change of use of a parcel or structure occurs, but credit shall be given for prior SDC paid. In order to effectuate this credit, upon change and use the applicant shall pay an additional sum equal to the current system development charge on a dollar/EDU basis times the increase in equivalent dwelling units. In no instance will a refund be provided if it is found that the change in usage results in a decrease in the number of equivalent dwelling units.

2. A credit shall be given for the cost of a qualified public improvement associated with a development. For qualified public improvements which are located in whole or in part on or contiguous to property that is the subject of development approval, and are required to be built larger or with greater capacity than is necessary for the particular development to which the improvement fee is related, credit shall be granted only for the cost of that portion of such improvement that exceeds the minimum standard facility size or capacity needed to serve particular development project or property. The applicant shall have the burden of demonstrating that a particular improvement qualifies for credit under this section.

3. Credits for qualified public improvements shall be only for the improvement fee charged for the type of improvement being constructed and shall not exceed the improvement fee even if the cost of the capital improvement exceeds the applicable improvement fee.

4. Credit shall not be transferable from one development to another, except in compliance with standards adopted by the council and/or city.

5. Credits shall not be transferable from one type of capital improvement to another.

6. Credits shall be used not later than 10 years from the date the credit is given.

L. Segregation and Use of Revenue.

1. All funds derived from the SDC shall be segregated by accounting practices from all other funds of the city. The SDC shall be used for no purpose other than those set forth in subsection (G) of this section.

2. The city administrator shall provide the city with an annual accounting, based on the city's fiscal year, for SDC showing the total amount of SDC revenues collected for each type of facility and the projects funded from each account. In complying with this requirement the city administrator is entitled to obtain assistance from the city's auditor and other city staff.

M. Administrative Review Procedure. Any citizen or other interested person may appeal to the city an expenditure of system development charge revenues, or any decision made under authority of this chapter, by filing a written request with the city administrator describing with particularity the decision of the city administrator or the expenditure from which the person appeals and complying with the following:

1. An appeal of an expenditure must be filed within two years of the date of the alleged improper expenditure. Appeals of any other decision must be filed within 10 days of the date of the decision.

2. The appeal shall state:

a. The name and address of the appellant;

b. The nature of the determination being appealed;

c. The reason that the determination is alleged to be incorrect;

d. What the correct determination of the appeal should be; and

e. The date of the appeal.

An appellant who fails to file such a statement within the time permitted waives his/her objections, and his/her appeal shall be dismissed.

3. Any appeal made to the council within the time frame specified containing the information required will be scheduled by the council of the city for a hearing. Within a reasonable time prior to the date scheduled for the hearing, the council shall mail notice of the time, date and place of hearing by certified mail, return receipt requested, postage prepaid, addressed to the appellant's address of record with the city.

4. The council shall hear and determine the appeal on the basis of the appellant's written statement and any additional evidence the council deems appropriate. At the hearing the appellant may present testimony and oral argument personally or by counsel. The rules of evidence as used in courts of law do not apply to this hearing.

5. The appellant shall have the burden of proving that the determination being appealed is incorrect and what the correct determination should be. The appellant is required to carry this burden in order to prevail on his appeal.

6. The council shall determine whether the city administrator's decision or expenditure is in accordance with this chapter and the provisions of ORS Chapter 223 and may affirm, modify, or overrule the city administrator's decision. The council shall issue a written decision within 20 days after a hearing date, and that decision shall be final. If the council determines that there has been an improper expenditure of SDC revenues, the council shall direct that a sum equal to the misspent amount shall be deposited within one year to the credit of the account or fund from which it was spent.

7. Any legal action appealing the methodology adopted by the city shall not be filed later than 60 days after the adoption of the ordinance codified in this chapter or any implementing resolution.

8. The appeals procedure set forth in this section applies only to the appeals relating to the expenditure of SDC revenues. The uniform appeals process established by other provisions of this chapter does not apply to appeals relating to the expenditure of SDC revenues.

N. Prohibited Connection. No person, firm or corporation shall be connected to the city's sewage system unless the SDC has been paid.

O. Construction. The rules of statutory construction as contained in ORS Chapter 174 are adopted and by this reference made a part of this section.

P. Severability. The invalidity of a subsection of this section shall not affect the validity of remaining subsections.

(Ord. 98-275-O § 7; Ord. 23-418-O § 66)

§ 13.10.080 City fund accounting.

A. Funds Utilized. Describes the following legally distinct funds utilized by the city which were established through the duly adopted process by the common council of the city of Rogue River and are available for the following specific purposes.

B. General Fund. Is the city's general operating fund, and it accounts for the administrative, police protection, municipal court and park functions of the city. Principal sources of cash consist of license and permit fees, franchise fees, fines and forfeitures, intergovernmental revenue, investment income and the tax base levy.

1. Administration is funded from franchise fees, licenses, permits and fees, alcohol tax, cigarette tax, grant funds, and investment income. Major expenses are salary related.

2. Police protection costs are funded from tax base revenues, transient room tax and grant funds. Major expenses are salary related.

3. Municipal court is funded from fines and forfeitures, and major expenses are salary related.

4. Parks are funded with state revenue sharing, intergovernmental revenue, transient room tax and lease income. Major expenditures are maintenance related.

C. Sewer Fund. Is a fund that accounts for operating the sewer system and treatment facility. Revenue is derived from charges for services, and primary expenditures are related to salaries and operation costs.

D. Debt Service Fund. Is a fund that was established to account for bond and interest transactions on the five percent general obligation serial bond which financed a portion of the sewer system and treatment facility, the 5.625 percent general obligation serial bond which financed a portion of the water treatment facility, and the loan payments for a 1.5 percent state revolving fund loan. This fund receives a portion of the property tax levy and acts as a reserve and sinking fund for the bonded debt liability. Sewer usage fees are transferred into this fund to make the loan payments.

E. Systems Development Charges Fund. Is the fund whose primary sources are from systems development charges as defined herein. Expenditures are restricted to those specified in RRMC § 13.10.070.

F. Sewer Improvement Reserve Fund. Is the fund whose primary sources of revenue are fees from connection charges including city cost and costs for outside consultants as required. Its major expenditures are for sewer system construction, improvements and expansion.

(Ord. 98-275-O § 8)

§ 13.10.090 Standards for construction.

A. General Conditions.

1. County or Oregon State Department of Transportation construction permits are required for work within their public rights-of-way. These permits shall be filed with the city prior to the city giving approval for construction. Conditions of this permit shall be part of the city's requirements for construction.

2. Contractors wishing to perform work on the city's system shall be prequalified with the city. Requirements for prequalification shall consist of signing a statement that they have received, reviewed and agree to abide by the city's standard procedures. The city will provide interested contractors a standard packet that will cover the following items, as a minimum: permitting process, working hours, phone numbers, material standards, testing procedures, workmanship and standard details. This material shall be reviewed with the city at their office. The contractor shall update this agreement on a yearly basis.

3. All work within public rights-of-way shall be performed by an Oregon licensed and bonded contractor. Contractors shall carry liability insurance in the amount of not less than $1,000,000. The insurance company shall be registered with the state of Oregon.

4. All excavations for building sewer installation shall be adequately guarded with barricades and lights so as to protect the public from hazard, as provided in ordinances of the city. Streets, sidewalks, parkways and other public property disturbed in the course of the work shall be restored in a manner satisfactory to the city.

5. The city shall be given a minimum 24 hours' notice prior to any required inspections. Failure to give such notice may cause the city customer to incur additional costs.

B. Building Sewer Standards and Improvements on Private Property.

1. Materials and workmanship for building sewer construction and other improvements required on private property shall meet the requirements of the most current edition of Oregon State Plumbing Specialty Code or latest revision.

2. A permit is required from Oregon State Building Code Division for all work on private property. A copy of the approved permit shall be filed with the city prior to the city authorizing the connection. All costs associated with this item shall be borne by the owner or developer.

3. Upon completion of the building sewer, the sewer shall be flushed with a sufficient quantity of water to remove all debris that may have collected within the pipe during construction. All debris shall be collected at the first downstream manhole and removed from the system. Flushing shall be completed in the presence of city personnel. All costs associated with this item shall be borne by the owner or developer.

4. Copies of all applicable standards may be reviewed at the City Hall.

C. Service Connections, Laterals, Mainlines, and Related Facility Standards.

1. Materials and workmanship for service connection, mainline, laterals, and related facility construction shall meet the requirements of American Public Works Association, Oregon Chapter, 1990 Standard Specifications or latest revisions. In addition, all proposed improvements shall meet the requirements of the Oregon Department of Environmental Quality (DEQ).

2. All lateral, mainline extensions and related facilities shall be designed by a professional engineer registered in the state of Oregon. Plans and specifications shall be submitted and approved by DEQ. A land use compatibility statement signed by the planning department of the city of Rogue River shall be submitted with the plans to DEQ. The approval letter from DEQ shall be filed with the city prior to construction and all costs associated with this process shall be borne by the owner or developer.

3. Plans and specifications shall also be submitted to the city's engineer for review and approval prior to construction.

4. Work that only involves a service connection shall also have a plan and specifications submitted to the city and city engineer for their review and approval prior to construction. This plan does not have to be stamped by a registered professional engineer.

5. Upon completion of the construction for laterals, mainlines and related facilities, the design engineer shall certify that the project was constructed in accordance with the plans and specifications and provide as-built drawings to the city for their permanent records.

6. Upon completion of construction for a service connection, but prior to covering the pipe, the city should be notified in order to make measurements for their as-built records. This notice should be given a minimum of 24 hours prior to the required inspection.

7. The city or the city's engineer shall inspect all pipe prior to burial and witness all pressure tests.

8. All new service connections shall have clean outs at or near the property line. Clean outs shall be installed in accordance with the city's detail drawing.

9. Upon completion of the construction, all service connections, laterals and mainlines shall be flushed. Flushing shall meet the requirements of subsection (B)(3) of this section.

(Ord. 98-275-O § 9)

§ 13.10.100 Powers and authority of inspectors.

A. Authority to Enter Private Properties. The public works director and other duly authorized agents of the city bearing proper credentials and identification shall be permitted to enter all properties for the purpose of inspection, observation, measurement, sampling, and testing in accordance with the provisions of this chapter subject to the general provisions of law.

B. Authority to Obtain Information. The public works director or other duly authorized employees are authorized to obtain information concerning industrial processes which have a direct bearing on the kind and source of discharge to the wastewater collection system.

C. Authority to Enter Private Property or Easements. The public works director and other duly authorized agents of the city bearing credentials and identification shall be permitted to enter all private properties receiving sewer service from the city's sewer system and properties through which the city holds a duly negotiated easement for the purpose 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.

D. Authority to Suspend Operations. The public works director and other duly authorized agents of the city bearing proper credentials and identification shall be permitted to suspend construction activities if the operations do not meet city or other applicable city, state and federal regulations. Operations will be allowed to continue once the deficiencies have been corrected to the satisfaction of the city.

(Ord. 98-275-O § 10)

§ 13.10.110 Protection from damage.

A. Protection From Damage. No person shall break, damage, destroy, uncover, deface or tamper with any structure, appurtenance or equipment which is part of the municipal sewage works. Any person violating this provision shall be subject to a fine of not more than $1,000.

B. Interference With Operation of District System.

1. No unauthorized person shall enter any city sewer, manhole, pumping station, treatment plant or sewer line or appurtenant facility. No person shall maliciously, willfully, or negligently break, damage, destroy, deface, or tamper with any structure, appurtenance, or equipment which is part of the city system.

2. No person other than an authorized employee or agent of the city shall operate or change the operation of any city sewer, pumping station, treatment plant, outfall structure, or appurtenant facility.

3. Any person violating subsection (B) of this section shall be subject to a fine of not more than $1,000 or imprisonment of not more than one month, or both.

(Ord. 98-275-O § 11; Ord. 23-418-O § 67)

§ 13.10.120 Penalties and enforcement.

A. General Provisions.

1. In the event the council or city administrator determines that any person is in violation of any provision of this chapter, the council or city administrator will attempt to informally resolve the matter with that person. If an informal resolution is not successful, any person found to be in violation of any provision of this chapter shall be served by the city with written notice stating the nature of the violation and providing a reasonable period of time, not to exceed 10 days, for satisfactory correction of the violation if the violation is subject to being corrected. Any such written notice shall be either served upon the person personally, as in the case of a summons, or shall be mailed to the person by certified mail, return receipt requested, postage pre-paid, addressed to the person at his/her address of record with the city. In the event a violation shall continue beyond the time period provided by the city to correct such violation, the city may take any action permitted by this chapter or commence an action pursuant to ORS 198.600 for appropriate legal and/or equitable relief in the circuit court of the state of Oregon for Jackson County, or other appropriate court of jurisdiction.

2. Any person who shall continue any violation beyond the time limit provided for in this section shall be fined by the city. Each day in which any such violation occurs or continues to occur shall be deemed a separate offense.

3. Any person who shall continue any violation beyond the time limit provided for in this section shall be guilty of a misdemeanor, and upon conviction thereof may be imprisoned for not more than 30 days in the county jail. This penalty is in addition to the penalties provided. Each day in which any such violation shall occur or continue shall be deemed a separate offense.

4. Any person violating any of the provisions of this chapter, which shall occasion any expense, loss or damage to the city by reason of such violation, shall be liable to the city for all such expense, loss, or damage occasioned by reason of such violation. As used in this section, expense to the city includes the costs of preparing any administrative enforcement actions, any such notices as are necessary or as are required by this chapter, and any other such costs, including reasonable attorney fees, incurred by the city by reason of such violation.

5. Notwithstanding any other provision herein, sewer user charges imposed under this chapter shall be a debt due the city. If said sewer user charges are not paid as provided in RRMC § 13.10.060, the amounts thereof together with such penalties, interest and costs, including reasonable attorney fees, may be recovered by the city in an action at law in the name of the city against the person responsible for paying the service charge or any of them. Collection of service charges in this manner may be undertaken independent of, and in addition to, reporting unpaid service charges to the county tax assessor for collection as permitted by ORS 545.225.

6. Any device operated, kept or maintained in violation of this chapter shall be confiscated by the city, and upon conviction, shall be disposed of as provided by applicable state law or city ordinance.

B. Administrative Remedies.

1. Notification of Violation. Whenever the council or city administrator determines that any industrial user has violated or is violating any provision of this chapter, a wastewater permit or order issued hereunder, or any pretreatment requirement, the council or city administrator or his/her agent may serve upon said industrial user a written notice of violation pursuant to the terms of this section. Within the time period provided, the industrial sewer user shall submit to the city administrator a written explanation of the violation and a plan for the satisfactory correction and prevention thereof, including specific required actions. Submission of this explanation and plan in no way relieves the industrial user of liability for any violations occurring before or after receipt of notice of violation. Nothing in this section shall limit the authority of the council or the city of Rogue River to take emergency action without first issuing a notice of violation.

2. Compliance Orders. When the council or city administrator finds that an industrial user has violated or continues to violate this chapter, permit, or orders issued hereunder, or any other pre-treatment requirement, he/she may issue an order to the industrial user responsible for the discharge directing that, following a specific time period, sewer service shall be discontinued unless adequate treatment facilities, devices, or other related appurtenances are installed and properly operated. Compliance orders may also contain such other requirements as might be reasonably necessary and appropriate to address the noncompliance, including additional self-monitoring, and management practices designed to minimize the amount of pollutants discharged to the sewer. Furthermore, the city administrator may continue to require such additional self-monitoring for at least 90 days after consistent compliance has been achieved.

3. Cease and Desist Orders. When the council or city administrator finds that an industrial user has violated or continues to violate this chapter, its permit or any other order issued hereunder, or any other pre-treatment requirement, the city administrator may issue an order to the industrial user directing it to cease and desist all such violations and directing the user to:

a. Immediately comply with all requirements; or

b. Take such appropriate remedial or preventative action as may be needed to properly address a continuing or threatened violation, including halting operations and/or terminating the discharge.

4. Emergency Suspensions. The council or city administrator may request the city of Rogue River to suspend any wastewater permit of any industrial user, for a period to be determined by the city, whenever such suspension is necessary in order to stop an actual or threatened discharge or which reasonably appears to present or cause an imminent or substantial endangerment to the health or welfare of persons, interferes with the operation of the city's sewer system, or which presents or may present an endangerment to the environment.

5. Consent Orders. The city administrator is hereby empowered to enter into consent orders, assurance of voluntary compliance, or other similar documents establishing an agreement with a sewer user responsible for the violation of any provision of this chapter. Such orders may be entered into at any time after notice of violation has been given pursuant to this section. Such orders may include specific action to be taken by the sewer user to correct the noncompliance within a time period specified by the order. Consent orders are judicially enforceable. Violation of a consent order by a sewer user is subject to administrative fines and/or imprisonment pursuant to the penalties provided in this section.

6. Administrative Fines. Notwithstanding any other section of this chapter, or provision of this section, any user who is found to have violated any provision of this chapter, permits, and orders issued hereunder, or any other pre-treatment requirement, shall be fined. Such fine shall be assessed on a per violation, per day basis. In a case of monthly or other long-term average discharge limits, fines shall be assessed by each business day during the period of violation.

a. Fines may be added to the user's next scheduled sewer service charge and the city administrator shall have such other collection remedies that may be available for other service charges and fees.

b. Unpaid charges, fines, and penalties shall, after 30 calendar days, be assessed an additional penalty of the unpaid balance. Furthermore, these unpaid charges, fines and penalties shall constitute a lien against the individual user's property which may be reported by the city to the county tax assessor for collection as permitted by ORS 454.225.

c. Sewer users desiring to dispute such fines must follow the appeal procedure provided for in RRMC § 13.10.130. As provided in said section, if a sewer user desires to dispute any such fine as imposed under this section, full payment of the fine amount must accompany the user's written notice of appeal. In the event the sewer user's appeal is successful, the amount of the assessment paid as part of the appeal process shall be returned to the sewer user. In the event the appeal is unsuccessful, the city may add the cost of preparing administrative enforcement actions, such notices as are required and/or necessary under this chapter, and all other such costs, including reasonable attorney fees, to the assessment, which amounts shall be paid by the sewer user. Any amounts not paid may be collected as provided by any other provision of this chapter.

C. Judicial Enforcement Remedies.

1. Injunctive Relief. Whenever any person using the city's sewer system has violated or continues to violate the provisions of this chapter, permits, or orders issued hereunder, or any pre-treatment requirements, the city administrator, through the city's attorney, may petition the circuit court of the state of Oregon for Jackson County for the issuance of a temporary or permanent injunction, as may be appropriate, which restrains or compels the specific performance of the requirements imposed by this chapter on activities of the person using the city's sewer system. Such other action as may be appropriate for legal and/or equitable relief may also be sought by the city. The court shall grant an injunction without a required showing of lack of an adequate remedy at law.

2. Civil Penalties. Any person utilizing the city's sewer system which has violated or continues to violate this chapter, any order or permit hereunder, or any other pre-treatment requirement shall be liable to the city for a maximum civil penalty per violation per day. In the case of a monthly or other long-term discharge limit, penalties shall accrue for each day during the period of violation.

a. The city may recover reasonable attorney fees, court costs, and other expenses associated with the enforcement activities, including sampling and monitoring expenses, undertaken pursuant to this chapter, and, in addition, the costs of any actual damages incurred by the city.

b. In determining the amount of civil liability, the court shall take into account all relevant circumstances, including, but not limited to, the extent of harm caused by the violation, the magnitude and duration of the violation, any economic benefits gained through the user's violation, corrective actions by the user, the compliance history of the user and any other factors as justice requires.

3. Criminal Prosecution. Any user who, with a culpable mental state, violates any provision of this chapter, any orders or permits, issued hereunder, is guilty of a misdemeanor, punishable by a fine per violation per day.

Any person who, with a culpable mental state, makes false application, record, report, plan or other documentation filed or required to be maintained pursuant to this chapter, or who falsifies, tampers with or knowingly renders inaccurate any monitoring device or method required under this chapter shall, upon conviction, be punished by a fine.

D. Additional Remedies.

1. In addition to the penalties provided in this chapter, the city may sue in a court of competent jurisdiction to obtain a judgment of a tax, fee or fine due under this chapter and enforce collection of the judgment by execution.

2. If a property owner has not connected to a public sewer within 30 days of notification to alleviate a health hazard, the city may find that the property owner has failed to meet routine obligations of ownership and city action is necessary to define its regulations pertaining to health and safety, and the city may then connect the property to a public sewer and assess an incurred charge against the property owner and the property and place a lien on the property for the actual costs of providing the goods and services to the property which lien shall be superior to all other liens.

(Ord. 98-275-O § 12)

§ 13.10.130 Appeals.

A. Application. This section will apply to all cases involving disputes between a city customer and the city unless an alternate dispute resolution procedure is specifically provided for in another section of this chapter. In the event a dispute involves appeal of the methodology utilized by the city in adopting its systems development charge, the following appeals process shall not apply.

B. Procedure.

1. In the event a person who receives notice of a violation of any provision of this chapter pursuant to RRMC § 13.10.120 disputes the finding that he/she is in violation of this chapter, and does not agree to take necessary corrective action as required by the city, or in the event an administrative fine is assessed pursuant to RRMC § 13.10.120(B)(6), said person may appeal the decision of the city, including any required corrective action, by written request to meet with the city administrator to present any information said person may have to support his/her position. This request must be made in writing and must be received by the city administrator within 10 days of the date that written notice of the alleged violation was served upon or mailed to said person.

2. The meeting between the person and the city administrator, or the city administrator's designee, shall take place within 10 calendar days of the date of the written request for such a meeting.

3. After meeting with the person, and receiving any information presented, the city administrator or his/her designee will decide the issue brought by the person and mail written notice to the person of the decision within five days of the meeting. Written notice of the decision shall be mailed by certified mail, return receipt requested, postage prepaid, addressed to the person at his/her address of record with the city.

4. Appeal of the user rate established by the city shall be made in writing to the city administrator within 10 days of the billing of said fee. He/she shall respond in writing within 15 days of receipt of the appeal. If the user wishes to appeal further, the procedures as set forth in this section should be followed. The decision of the city council shall be final.

C. Board Appeal.

1. Any person who is not satisfied with the written decision rendered by the city administrator or his/her designee may request to have the dispute heard by the council. Any such request must be made in writing, accompanied by a filing fee, pursuant to the requirements of this section, and delivered to the council within 10 calendar days of the date the city administrator's written decision was mailed to the person.

2. Any such appeal to the council will be scheduled by the council for hearing with notice of the time, date and place of hearing mailed to the person by certified mail, return receipt requested, postage pre-paid, addressed to the person at his/her address of record with the city.

3. Any such written request for a meeting between a person found to be in violation of any provision of this chapter and the city administrator, or any written appeal to the council, shall contain the following information:

a. The date of the written request to meet with the city administrator or the date of the appeal to the council;

b. The facts and grounds upon which the request for relief is made;

c. The signature of the petitioner or his/her attorney; and

d. Payment of any administrative fine imposed by RRMC § 13.10.120(B)(6).

4. Any person, firm, or corporation subject to a 30-day connection request, sewage use charge or connection charge hereunder shall follow this process to determine eligibility for reduction or other modification of such charges.

5. Enforcement action by the city to compel compliance with its chapter will be suspended during the appeal process subject to the following exceptions:

a. Situations involving an immediate hazard or danger to the public;

b. Payment of administrative fines required by RRMC § 13.10.120(B)(6).

6. In the event the ultimate decision of the council is unfavorable to the customer, enforcement action will commence without delay.

7. The time periods for action contained herein may be waived for reasonable cause by the city. Any such waiver shall not constitute a waiver of any other provision in this process, nor shall any waiver constitute a continuing waiver. Failure to enforce any provision of this dispute resolution process shall not operate as a waiver or estoppel of such provision or any other provision against the council.

8. A copy of the foregoing appeals process shall be provided to each customer at the time a formal written notice of violation is sent to said person in accord with RRMC § 13.10.120. If a person has requested a hearing before the council, the council shall decide the issue brought by the customer and mail written notice to the customer of the council's decision within five days of the meeting. If the council denies the person's request upon the grounds that it does not meet the procedural requirements set forth above, it shall so state in its written order and, with the exception of payment of any administrative fine levied pursuant to RRMC § 13.10.120, shall allow a reasonable time for amendment.

9. The decision of the city council regarding user rate issues shall be final.

(Ord. 98-275-O § 13)