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04-1105 City Code Sewer Use & Service CITY OF MERIDIAN ORDINANCE NO. 04- II tl!? BY: {! j¿~//~ ;2&á~fre.-<- AN ORDINANCE REPEALING EXISTING SEWER USE AND SERVICE REGULATIONS CODIFIED AT CHAPTER 4 OF TITLE 9 O:F THE MERIDIAN CITY CODE; RE-ENACTING A NEW CHAPTER 4 OF TITLE 9 OF THE MERIDIAN CITY CODE TO BE KNOWN AS SEWER USE AND SERVICE REGULATIONS, INCLUDING PURPOSE, DEFINITIONS, APPLICATION OF CHAPTER, AUTHORITY, ESTABLISHING A SUPERINTENDENT OF WASTEWATER, ESTABLISHING RULES AND REGULATIONS, AUTHORITY OF CITY PERSONNEL, MANDATORY USE OF SEWERS, REGULATIONS FOR USE OF PUBLIC SEWERS, PROHIBITION OF DISCHARGE OF OBJECTIONABLE WASTE WITHOUT PERMISSION, BUILDING SEWERS AND CONNECTIONS, INDUSTRIAL USERS, INSPECTION AND APPROVAL OF CONNECTIONS, REJECTION OF MATERIALS OR WORKMANSHIP, SEWER LINE EXTENSIONS, BACKFILLING, SEWER AND WATER PLAN ADOPTION, ASSESSMENTS AND FEES, COOPERATIVE AND REIMBURSEMENT AGREEMENTS, BOARD OF APPRAISERS, SEWER CHARGE APPRAISAL, COUNCIL APPROVAL OF CHARGES AND FEES, BASIS FOR CHARGES, W ASTEW A TER USER FEES AND ASSESSMENTS, SEWER CONNECTION REQUIREMENTS, SPECIAL CHARGES, SEWER INSPECTIONS, SEPTIC TANK WASTE DUMPING, BILLING AND PAYMENT, DELINQUENCIES AND PROCEDURES, DISCONNECTION FOR NONPAYMENT, SEWER SYSTEM FUND, RECIEPT AND DISBURSEMENT OF MONIES, PRIVATE SEWAGE DISPOSAL SYSTEMS, MAINTENANCE OF LINES, CONTRACTOR LICENSE, POINT OF LIABILITY FOR MAINTENANCE, USER LIABILITY FOR VIOLATIONS, LIMIT A TION OF CITY LIABILITY FOR SERVICE INTERRUPTION, PROHIBITION AGAINST INJURY TO SEWER SYSTEM, PENALTIES, PROVIDING FOR CONFLICT, VALIDITY, SAVINGS CLAUSE, AND PROVIDING FOR AN EFFECTIVE DATE. NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN, ADA COUNTY, IDAHO: Section 1: Chapter 4 of Title 9 is repealed. Sewer Use and Service Revision Ordinance Page 1 of31 Section 2: Title 9, Chapter 4 is re-enacted and shall read as follows: 9-4-1: POLICY AND PURPOSE: A Declaration Of Policy: 1. It is hereby declared that the City owns and operates both a Municipal water system and a Municipal wastewater system- It is the policy of the City to operate the sewer system and the water system in conjunction, one with the other, for the mutual benefit of the residents of the City. 2. Additionally, due to the integral nature of the requirement of water to operate the sewer system, violation of the sewer provisions may require tennination of water service and to efficiently enforce these sewer provisions, such water tennination is specifically authorized and is the policy ofthe City. (Ord. 477, 4-21-1987) R Purpose: It is hereby determined and declared to be necessary and conducive to and for the protection of the health, safety and welfare of the public and inhabitants of the City, and for the purpose of controlling the use and connection to and for providing an equitable distribution of the costs and expenses of maintenance, operation, upkeep and repair of the entire sewer system which includes the sewer collection system and sewage disposal facilities of the City: 1. To charge and collect service charges or fees upon all lots, lands, property and premises served or benefited by the sewer system of the City, which system and facilities consist generally of all pipe lines, conduits, catch basins, manholes, cleanouts, sewer mains, intercepting sewers, outfall sewers, lift stations, pumps, structures, mechanical equipment and facilities fOf the treatment and disposal of sewage or sewage by-products; 2. To provide for industrial cost recovery from all industrial users; and 3. To provide for the control, use and administration of the installation of private sewage disposal systems where a public sanitary sewer is not available- (Ord. 339, 5- 29-1979) 9-4-2: DEFINITIONS: Unless the context specifically indicates otherwise, the meanings of terms used in this Chapter shall be as follows: ACT: The Federal Water Pollution Control Act entitled Public Law 92-500, and its amendments of 1972 as administered by the United States Environmental Protection Agency (EPA). Sewer Use and Service Revision Ordinance Page 2 of31 BOD: Biochem1cal oxygen demand (BOD) shall mean the quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory procedure in five (5) days at twenty degrees centigrade (20°C), expressed in milligrams per liter (lUg/I} BUILDING DRAIN: That part of the lowest horizontal piping of a drainage system which receives the discharge of sanitary waste inside the walls of the building and conveys it to the building sewer, beginning five feet (5') outside the inner face of the building wall. BUILDING SEWER: The extension from the building drain to the point of connection with the public sewer. CITY: Refers to the City of Meridian, Ada County, Idaho, or its authorized or designated agent, representative, or deputy thereto. COMBINED SEWER: A sewer receiving both storm water runoff and sanitary sewage. FLOW: The volume of sewage being discharged into the sewage system from all sources including domestic, commercial and industrial uses and infiltration (WW). GARBAGE: SolId wastes from the domestic and commercial preparation, cooking and dispensing of food, and from the handling, storage and sale of produce. INDUSTRIAL USERS: Any nondomestic user with an indirect discharge of effluent Into a POTW by means of pipes, conduits, pumping stations, force mains, constructed drainage ditches, surface water intercepting ditches, and all constructed devices and appliances appurtenant thereto. This term includes federal, state, and local facilities as part of the regulated community, sInce such entities are subject to federal pretreatment regulations. See Title 9, Chapter 2, «Sewer Pretreatment"- INDUSTRIAL WASTES: The liquid wastes ftom Industrial manufacturing processes, trade or business as distinct from sanitary sewage. MULTIPLE BUILDING DEVELOPMENT: Includes the various types of developments that would have common or joint ownership areas such as condominiums, townhouses, mohile home parks or courts, shopping centers, etc. NATURAL OUTLET: Any outlet into a watercourse, pond, ditch, lake or other body of surface or ground water. OWNER: A person owning real property which is, or proposes to be connected to the sewage system. pH: The logarithm ofthe reciprocal of the weight of hydrogen ions in grams per liter of solution with a pH value of 7 being neutral. Sewer Use and Service Revision Ordinance Page 3 of31 PERSON: Any individual, firm, company, association, society, corporation or group. PRETREATMENT: The reduction of the amount of pollutants, the elimination of pollutants, or the alteration of the nature of pollutant properties in ,vastewater prior to, or in lieu of, introducing such pollutants into the POTW. This reduction or alteration can be obtained by physical, chemical, or biological processes; by process changes; or by other means, except by diluting the concentration of the pollutants unless allowed by an applicable pretreatment standard. PROPERLY SHREDDED GARBAGE: The wastes from the preparation, cooking and dispensing of food that have been shredded to such a 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 (112") in any dimension. PUBLIC SEWER: A sewer in which all owners of abutting properties have equal rights, and is controlled by public authority. SANITARY SEWER: A sewer which carries sanitary sewage and to which stonn, surface and ground waters are not admitted. SERVICE CONNECTION: The point at which the building sewer connects to the public sewer. SEW AGE OR WASTE MATTER: A combination of the water-carried wastes ITom residences, business buildings, institutions and industrial establishments. SEWAGE TREATMENT PLANT OR W ASTEW ATER TREATMENT FACILITY: Any devices and system used in the storage, treatment, recycling and reclamation of Municipal sanitary sewage or industrial wastes of a liquid nature to implement section 201 of the Act. Also tenned a "Publicly Owned Treatment Works" (pOTW). SEWER: A pipe or conduit for carrying sewage- SEWER USER: Any individual, firm, company, association, society or corporation or group who has connected to the sewer system. SHALL/MA Y: "Shall" is mandatory. "May" is pennissive. SLUG: Any discharge of water, sewage or industrial waste which in concentration of any given constituent or in quantity of flow exceeds for any period of duration longer than fifteen (l5) minutes for more than five (5) times the average 24-hour concentration or flows during nonnal operation. STORM DRAIN (Sometimes Tenned Stonn Sewer): A sewer which carries stmm and surface waters and drainage, but excludes sanitary sewage and industrial wastes, other than unpolluted water such as cooling water. Sewer Use and Service Revision Ordinance Page 4 of31 SUSPENDED SOLIDS: Solids, organic or inorganic, that either float on the surface of, or are in suspension in water, sewage, or other liquids, and which are removable by laboratory filtering as prescribed in "Standard Methods for the Examination of Water and Waste Water" and referred to a nonfilterable residue, W ASTEW A TER SYSTEM: All facilities for collecting, pumping, treating of sewage and disposal of treated effluent. WATERCOURSE: A channel in which a flow of water occurs, either continuously or intermittently. (Ord. 339, 5-29-1979) WINTER AVERAGE: The average domestic water consumption ITom approximately November 15 to approximately March l5 as quantified by water meter readings. 9-4-3: APPLICATION OF CHAPTER: The provisions of this Chapter shall apply to an property within the corporate limits of the City, and any special users outside of the corporate limits of the City, including all property owned or occupied by the United States of Arneri~ Ada County, and the State of Idaho. (Ord. 339,5-29-1979) This Chapter shall work in conjunction with Title 9, Chapter 2, Sewer Pretreatment. If requirements, limitations or applications conflict, the more stringent shall be enforced or applied. 9-4~4: CITY AUTHORITY: The wastewater system for the City shall be under the sole and exclusive control of the Mayor and City Council, who may from time to time direct the construction, expansion, extension, repair and maintenance of the wastewater system owned and operated by the City as the necessity of the City may require. The cost of maintenance and repair of the City wastewater system must be paid out of the Enterprise Fund. (Ord. 230, 9-11-1972) 9-4-5: SUPERINTENDENT OFW ASTEW A TER: A. Office Created: There is hereby created the office of a Superintendent of Wastewater, who shall, under the direction of the Public Works Director and the Mayor and Council, have charge of such works, mains, laterals, trunk lines, treatment plant, connection of service pipes and conduits and all other matters pertaining to the City wastewater system. The Superintendent shall report to the Public Works Director monthly or as often as required the condition of the wastewater system and make such recommendations as the nature of the service may require. (Ord. 477, 4-21-1987) B. Duties: The wastewater system shall be kept in repair by the Superintendent of Wastewater and no other person, unless authorized by him, shall work on or operate said system or any part thereof It shall be the Superintendent's duty at all times to Sewer Use and Service Revision Ordinance Page 5 of31 maintain said system in such a working condition that the sewage of the City is efficiently and sanitarily carried from the premises of the users of said system and processed in the wastewater treatment plant owned and operated by the City- (Ord. 230, 9-11-1972) 9-4-6: RULES AND REGULATIONS: A Adoption: The City shall have the authority to adopt by resolution such rules and ref,'Plations as it shall deem appropriate for the operation, maintenance, repair, replacement, upgrade or extension and charges for said use of the sewer system and wastewater treatment facility as are not inconsistent with the provisions of this Chapter. (Ord. 431, 5-7-1984) R Amendment: Nothing herein contained shall prohibit the Mayor and Council from amending, altering or adding to the provisions of this Chapter in relation to the sewer service supplied by the City in regard to rates, charges, expansion, alteration, repair or any other matter related to the sewer system, as changed conditions may require from time to time. (Ord. 84, 10-8-1956) 9-4-7: AUTHORITY OF CITY AUTHORIZED REPRESENTATIVES: A. Right Of Entry: The City, through its authorized representatives, bearing proper credentials and identification, shall be permitted to enter all properties for the purposes of inspection, observation, measurement, sampling and testing in accordance with the provisions of this Chapter. The City shall have no authority to inquire into any processes including metallurgical, chemical, oil, refining, ceramic, paper or other industries beyond that point having a direct bearing on the kind and source of discharge to the public sewers or natural waterways. (Ord. 339, 5-29-1979) B. ObselVe Safety Rules; Liability Restrictions: While performing the necessary work on private properties referred to in the preceding subsection, the authorized representative of the City shall observe all safety rules applicable to the premises established by the sewer user and the sewer user shall be held harmless for injury or death to any City authorized representative and the City shall indemnifY the sewer user against loss or damage to its property by any authorized City representative and against liability claims and demands for personal injury and property damage asserted against the sewer user and growing out of the gauging and sampling operation, except as such may be caused by negligence or failure of the sewer user to maintain safe conditions as required in this Chapter or as reasonably required by prudent standards. (Ord. 339, 5-29-1979; amd. 1999 Code) C. Access To Easements: The City, through its authorized representatives bearing proper credentials and identification, shall be pennitted to enter aU private properties through which the City holds a duly negotiated easement for the purposes of, but not limited to, inspection, observation, measurement, sampling, repair and maintenance of any portion of the sewer works lying within said easement. All entry and subsequent Sewer Use and Service Revision Ordinance Page 6 of31 work, if any, on said easement shall be done in full accordance with the terms of the duly negotiated easement pertaining to the private property involved. (Ord. 339, 5-29- 1979) 9-4-8: REQUIRED USE OF SEWERS: A. Connection To Public Sewer: The owner or occupant of any house, building or property used for residential. commercial, industrial, governmental or recreational use, or other purpose, situated within the City which is abutting on or having a permanent right of access to any street, alley or right of way in which there is located a public sewer of the City is hereby required to cease using any other method of disposing of sewage, waste or polluted water, and at his expense to connect such building directly with the public sewer in accordance with the provisions of this Chapter, within sixty (60) days after date of official notice from the City to do so; provided, however, that said sewer is within three hundred feet (300') of any property line of the building to be served or common property line in a multiple building development. B. New Subdivision Or Development: The owner or developer of a new subdivision or development whether subdivided or not shall, at his expense, construct the necessary extensions of the public sewer system to provide public sewer facilities for each lot or building area in his subdivision. Additionally, the owner or developer shall have the responsibility, at his expense, of installing the main sewer line to the boundary in his development which is farthest away fTom the point at which initial connection is made to the existing City sewer main. C. Prohibited Wastes: It shall be unlawful for any person to place or deposit in any unsanitary manner on public or private property within the City, or in any area under the jurisdiction of the City, any human or animal excrement, garbage or other objectionable waste. D. Discharge Of Sewage To Natural Outlet: It shall be unlawful to discharge to any natural outlet within the City, or in any area under the jurisdiction of the City, any sewage or other polluted waters, except where suitable treatment has been provided in accordance with subsequent provisions of this Chapter. E. Privies And Septic Tanks: Except as hereinafter provided, it shall be unlawful to construct or maintain any privy, privy vault, septic tank, cesspool or other facilities intended or used for the disposal of sewage. (Ord. 477, 4-21-1987) 9-4-9: REGULATIONS FOR USE OF PUBLIC SEWERS: The use of the public sewers of the City shall be in accordance with the following regulations: A Discharge OfSuñace Waters: Sewer Use and Service Revision Ordinance Page 7 of31 1. No person shall discharge or cause to be discharged ITom any connection any stonn water, surface water, ground water, roof runoff, subsurface drainage, uncontaminated cooling water or unpolluted industrial process waters to any sanitary sewer. 2. Stooo water and all other unpolluted drainage shall be discharged to sewers that are specifically designated as storm sewers, or to a natural outlet approved by the City and the entity having jurisdictional authority over the natural outlet Industrial cooling water or unpolluted process waters may be discharged, complying with the requirements of section 308 of the Act and on approval of the City and the entity having jurisdictional authority over the natural outlet, to a stooo sewer or natural outlet. B. Prohibited Discharges: See Title 9, Chapter 2, Section 2, "General Sewer Use Requirements" . 1. No person shall discharge or cause to be discharged any of the following described waters or wastes to any public sewers: solid or viscous substances in quantities or of 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, concrete, mud, straw, shavings, meta~ glass, rags, feathers, tar, plastics, wood, unground garbage, whole blood, paunch manure, hair and fleshings, entrails and paper dishes, cups, milk containers, etc., either whole or ground by garbage grinders. 2. No person shall discharge or cause to be discharged substances, materials, waters or wastes if it appears likely, in the opinion oftbe City, that such wastes can baoo 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 City will give consideration to such factors as the quantities of subject wastes in relation to flows and velocities in the sewers, materials of construction of the sewers, nature of the sewage treatment process, capacity of the sewage treatment plant, degree of treatability of wastes in the sewage treatment plant and other pertinent factors. C. City Authority: 1. 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 in subsection B2 of this Section, and which, in the judgment of the City, may have a deleterious effect upon the sewage works, processes, equipment or receiving waters, or which otherwise create a hazard to life or constitute a public nuisance, the City may: a. Reject the wastes; Sewer Use and Service Revision Ordinance Page 8 of31 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 under the provisions of Section 9-4-21 of this Chapter. 2. If the City permits the pretreatment or equalization of waste flows, the design and installation ofthe plants and equipment shall be at the owners expense and subject to the review and approval of the City and subject to the requirements of all applicable codes, ordinances and laws. (Ord. 339, 5-29-1979) D. Grease, Oil and Sand Interceptors: Grease, oil and sand interceptors shall be provided at the owners expense when, in the opinion of the City, they are necessary for the proper handling of liquid wastes containing grease or any flammable wastes, sand or 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 City and shall be located as to be readily and easily accessible for cleaning and inspection. There shall be one (1) interceptor per user; interceptors shall not serve more than one user unless specifically approved by the City in writing. These interceptors shall be adequately maintained by the owner and are subject to periodic inspection by the City. (Ord. 795, 7-7-1998) E. Maintenance Of Pretreatment Facilities: Where preliminary treatment or flow- equalizing facilities are provided for any waters or wastes, they shall be maintained continuously in satisfactory and effective operation by the owner at his expense. It: in the opinion of the City, maintenance by the owner of the pretreatment facility is inadequate, the owner shall provide a maintenance schedule to the City for review and approval. Upon approval of the maintenance schedule, the owner shall commence with the scheduled maintenance and provide documented proof of the maintenance activity to the City. F. Manhole Installation: When required by the City, the owner of any property serviced by a building sewer carrying industrial wastes shall install a suitable control manhole together with such necessary meters and other appurtenances in the building sewer to facilitate observation, sampling and measurement of the wastes. Such manhole, when required, shall be accessibly and safely located, and shall be constructed in accordance with plans approved by the City. 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. G. Measurements, Tests And Analyses: All measurements, tests and analyses of the characteristics of waters and wastes to which reference is made in this Chapter shall be determined in accordance with the latest edition of "Standard Methods for the Sewer Use and Service Revision Ordinance Page 9 of31 Examination of Water and Wastewater", published by the American Public Health Association, and shall be determined at the control manhole provided or upon suitable samples taken at said control manhole. In the event that no special manhole has been required, the control manhole shall be considered to be the nearest downstream manhole in the public sewer to the point at which the building sewer is connected. Sampling shan be carried out by customarily accepted methods to reflect the effect of constituents upon the sewage works and to determine the existence of hazards to life, limb and property. H. Special Agreements: No statement contained in this Chapter shaH be construed as preventing any special agreement or arrangement between the City and any industrial entity whereby an industrial waste of unusual strength or character may be accepted by the City for treatment, subject to payment therefore by the industrial entity. 1. Notice Of Violation; Remedial Action: Any property owner or sewer user violating the provisions of this Section shall, upon notice by the City, immediately install such preliminary treatment through separators, traps and/or chemical, physical or biochemical processes as wilt make and assure that the sewage contributed from such property or premises will meet the requirements of this Chapter. (Ord. 339,5-29- 1979) 9~4-10: PERMISSION TO DISCHARGE OBJECTIONABLE WATER OR WASTES: A. Review And Approval: The admission into the public sewers of any water or wastes having: Biochemical oxygen demand (BOD) greater than 300 mg/I, Chemical oxygen demand (COD) greater than 900 mg/l, Suspended solids in excess of300 mg/l, shall be subject to the review and approval of the City. B. Pretreatment Provided By Owner: Where necessary, in the opinion of the City, the owner shall provide, at his expense, such pretreatment as may be necessary to reduce the BOD to three hundred (300) mg/l, the COD to nine hundred (900) mg/l and the suspended solids to three hundred (300) mg/I. Plans, specifications and any other pertinent information relating to proposed preliminary treatment facilities shall be submitted for the approval of the City and of the Idaho Department of Environmental Quality, and no construction of such facilities shall be commenced until said approvals are obtained in writing. (Ord. 339, 5-29-1979) Sewer Use and Service Revision Ordinance Page 10 of31 9,.4-11: BUILDING SEW:ERS AND SERVICE CONNECTIONS: All materials and workmanship in the installation of building sewers and service connections shall conform to the following regulations: A. Permit Required: 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 permit ftom the City. The permit shall not be issued until all sewer assessment charges and other applicable fees have been paid in fulL B. Classes Of Permits: There shall be two (2) classes of building sewer permits: 1) a general permit for residential and commercial sewer service, and 2) industrial user permits for sewer service to establishments producing industrial wastes. 1. General Permits: The owner or his agent shall make application to the Public Works Department for general permits. The permit application shall be supplemented by any plans, specifIcations or other information considered pertinent in the judgment of the City at the time the application is filed. Also, the owner or his agent shall pay to the City, at the time the permit is issu~ an assessment fee, which shall be established by resolution of the City Council; and 2. Industrial Permits: Industrial user permits shall be applied for by the owner or his agent by letter to the City Council accompanied by an executed copy of the industrial user agreement together with any plans, specifications or other information considered pertinent in the judgment of the City. Industrial user permits shall be approved by the City Council based on recommendation by the Public Works Director. Approval shall be contingent upon the availability of excess capacity in the sewage treatment plant, the provisions of this Chapter and any other considerations the City Council deems appropriate. The amount of the permit, inspection fee and assessment fee for an industrial wastes sewer service will vary with each permit and shall be established by the City at the time of application. The owner shall pay all fees at the time the permit is issued. c. Costs Borne By Owner; Liability: AU costs and expense incident to the installation and connection of the building sewer and service connection shall be borne by the owner. The owner shall indemnitY and hold harmless the City ftom any loss or damage that may directly or indirectly be occasioned by the installation of the building sewer and the marking of the service connection for same to the public sewer. D. Separate Connections For Each Building: A separate and independent building sewer and service connection shall be provided for every building. Any exception to this requirement shall conform with Uniform Plumbing Code. Sewer Use and Service Revision Ordinance Page 11 of 31 E. Old Building Sewers: Old building sewers may be used in connection with new buildings only when they are found, on examination and being tested as required by the City, to meet all requirements of this Chapter. F. Conformance With Building And Plumbing Codes: The materials of construction of the building sewer and service connections, and the methods to be used in excavating, placing of the pipe, jointing, testing and backfilling the trench, shall all conform to the requirements of the Building and Plumbing Codes as have been or may be adopted by the City 3] . G. Pipe Size; Building Sewer Grade And Slope: All building sewers shall meet the requirements of the International Building Code or Uniform Plumbing Code. H. Connecting Surface Water Drainage To Building Sewer: No person shall make connection of roof downspouts, exterior foundation drains, areaway drains or other sources of surface runoff or ground water to a building sewer or building drain which in turn is connected directly or indirectly to a public sanitary sewer. 1. Service Connection Requirements: The service connection to the public sewer shall confonn to the requirements of the International Building Code and Uniform Plumbing Codes as adopted by the City. 1. Notify City For Inspection: The applicant for the building sewer permit shall notify the City when the connection to the public sewer to the building sewer is ready for inspection. K. Guarding Excavations: All excavations for building sewer installation shall be adequately guarded with banicades and lights so as to protect the public ftom hazard. Streets, sidewalks, parkways and other public property disturbed in the course of the work shall be restored in a manner satisfactory to the City. (Ord. 339,5-29-1979) L. Work Done By Contractor: The connection of the building sewer service to the public main sewer shall be made by a public works contractor having a valid State of Idaho license for this specialty work. (Ord. 477,4-21-1987) 9-4-12: INDUSTRIAL USERS: All industrial users of the sewer system shall comply with any applicable requirements of sections 204(b), 307 and 308 of the Federal Water Pollution Control Act. There shall be two (2) classes of industrial users: a) major contributing industry, and b) minor contributing industry. A. Contributing Industries Defined: The contributing industries are defined as follows: 1. Major Contributing Industry: A major contributing industry is one that: Sewer Use and Service Revision Ordinance Page 12 of31 a. Will contribute greater than ten percent (10%) of the design hydraulic flow of the treatment works. b. Will contribute greater than ten percent (10%) of the design pollutant loading of the treatment works. c. Has in its waste a toxic pollutant in toxic amounts as defined in standards issued under section 307(a) of the Act. d. Has significant impact; either singly or in combination with other contributing industries; on the sewer system or the quality of its effluent. 2. Minor Contributing Industry: A minor contributing industry shall be all industries not included in the major contributing industry classification as defined in subsection Al of this Section. B. Requirements: 1. Monitoring Wastes: All major contributing industries' wastes shall be monitored by the City or industry on a regular basis at intervals not less than monthly, and more frequently as the characteristics of the specific industrial discharge may dictate. Minor contributing indus1Òes shall be monitored by the City or industry as the characteristics of the specific industrial discharge may dictate as determined by the City. 2. Reports To City: All major contributing industries shall submit to the City on the flTst day of the months of June and December, a statement in writing regarding specific actions taken to achieve full compliance with the requirements of section 307 of the Act. 3. Report Changes In Flow Or Characteristics: Each contributing industry shall report any substantial (exceeding 10%::1:) change in flow or characteristics of wastewater being discharged into the sewer system. The report shall include quantity and quality ofeftluent and duration and fTequency of discharge. (Ord. 339, 5-29-1979) 9-4-13: INSPECTION AND APPROVAL OF CONNECTIONS: No connection of any kind to a public sewer line shall be made and no sewage pennitted to flow through such connection except pursuant to inspection of and approval issued by the City. See Section 9-4-l1 of this Chapter for sewer pennits, inspection fees, inspection notices, etc. (Ord. 339, 5~29MI979) 9-4-14: REJECTION OF MATERIALS OR WORKMANSHIP: The City may reject any material or workmanship for cause and; upon such order, rejected material shall be removed and replaced with approved material. Disapproved Sewer Use and Service Revision Ordinance Page 13 of31 workmanship shall cause the removal and replacement of all materials involved; including appurtenances, excavation., backfilling and other work Ìtems. (Ord. 339, 5-29- 1979) 9-4-15: SEWER LINE EXTENSIONS: A. Compliance With Master Plan: All proposed extensions of the Municipal sewer system to serve undeveloped areas within the existing corporate limits; newly annexed areas or areas outside the corporate limits shall comply with the overall master plan for the Municipal sewer system, unless otherwise authorized by the Public Works Director. B. Owner Responsible For Costs; Exception: Costs for all extensions which lie outside the boundary limits of the property for which the extension is requested shall be the responsibility of that property owner or his agent. Cost for sewer extensions within the property for which the extension is requested shall also be the responsibility of the owner or his agent. Sewer extensions shall be required to extend to the farthest boundary of the development. When it is necessary to install oversized lines as part of an extension, the owner may request a reimbursement agreement per M. C. C. 9-4-19. C. Newly Developed Areas: Unless a special permit is granted by the City, all Municipal sewer system extensions into newly developing areas shall be installed prior to the construction of any new streets. D. Compliance With City Specifications: All design and construction of any extensions to the Municipal sewer system shall comply with the official specifications for sewer system extensions as adopted by the City. E. Preparation And Filing Of Plans: The plans for all extensions to the sewer system shall be prepared and signed by a registered professional engineer as per the licensing requirements of the Idaho Code. Construction may not commence until plans have been approved by the Idaho Department of Environmental Quality as required by the Idaho Code. In approving a plan for extension to the Municipal sewer system, the City reserves the right to stipulate other requirements such as a special permit fee, rights-of-way limits, sequence of construction., time limits for having existing service disrupted, the provision of surety guaranteeing completion and other similar measures as may be required to protect the public. No work shall commence on any such extension of the Municipal sewer system until the extension project has been approved by the City. F. Certification By Registered Engineer: After the construction of any Municipal sewer system extensions, it shall be the obligation of the owner, or his agent, to have a registered professional engineer certify to the City and to the Idaho Department of Environmental Quality that the said system extensions were installed in accordance with the approved plans and specifications on file with the respective agencies. Following certification by the registered professional engineer and acceptance by the Sewer Use and Service Revision Ordinance Page 14 of31 City, the entire extension of the Municipal sewer system shall become the property of the City and it shall be the City's responsibility to maintain and operate the system thereafter. G. Connections Made After Extension Accepted: If it is necessary for the City to permit a sewer service connection and/or sewer service line at any time after the extension has been originally accepted by the City, the owner or his agent shall be required to pay the sewer assessment fee as well as the standard permit and inspection fees as may be established by the City for such purposes. The owner or agent is responsible for all costs associated with installation of the sewer service connection to the sewer main and the sewer service line. (Ord. 477, 4-21-1987) H. Work Done By Contractor: The installation of all public sewer systems shall be performed and completed by a contractor possessing a valid State of Idaho public works license with the proper endorsement for the work. 9-4-16: BACKFILLING: Backfilling of building sewers and service connections within the limits of public rights of ways or easements shall conform to special specifications promulgated by the Ada County Highway District, for sewer installation, and shall be subject to inspection by and approval of the Ada County Highway District. (Ord. 339, 5-29-1979) 9-4-17: SEWER AND WATER PLANS ADOPTED: A. Adoption Of Plans: The "2004 City of Meridian Wastewater Treatment Plan Facility Plan Update" is adopted as the official planning documents for the City of Meridian wastewater treatment system. The "2003 Sewer Master Plan Update" is adopted as the official planning document for the City of Meridian sanitary sewer collection system. . B. Treatment Requirements: Wastewater collection, treatment, and disposal will comply with State of Idaho Department of Environmental Quality and United States Environmental Protection Agency rules and regulations. (Res. 54, 11-5-1973) 9-4-18: ASSESSMENT AND OTHER FEES: A. Sewer Assessment Fee. Notwithstanding any of the provisions of this Chapter, any person, firm, partnership, corporation or association or property owner who has not otherwise paid for, or contributed proportionately toward, the costs and expenses of constructing a sewer line, whether that construction has been performed by the City, a local improvement district or a private entity, or combination thereof, and who subsequently desires to connect to the City sewer system, shall be required to pay, in addition to the required connection charges of subsection 9-4-25B of this Chapter and the monthly user charges of Section 9-4-24 of this Chapter, an additional connection Sewer Use and Service Revision Ordinance Page 15 of31 charge which shall be known as an "assessment fee". The assessment fee shall be computed on an "equivalent residential unit", or "ERU" basis. B. Fee Set By City Council: The sewer assessment fee for each parcel of ground connected to a trunk sewer line shall be established and set by the City Council. The sewer assessment fee may be different for residential, commercial, and industrial uses and may be different for differing uses within those three (3) classifications depending upon the considerations of eftluent quality but shall be as consistent as possible under similar factual circumstances. The sewer assessment fee shall be assessed in terms of equivalent residential units. (Ord. 482, 6-16-1987) C. Wastewater Treatment Assessment Fee. A treatment fee shall be required for every sewer user initiating sewer service, changing use of a property already connected to sewer or increasing the discharged wastewater flow. 9~4-19: COOPERATIVE AND REIMBURSEMENT AGREEMENTS: A Reimbursement To Sewer User: Should a sewer user at his own expense construct an extension to the sewer system in a public right of way or easement with prior approval of the City and in accordance with the standards and designs of the City and which sewer line extension has been determined by the City to be able to benefit properties other than the user's, the sewer user constructing the extension may be reimbursed for the proportionate cost of the sewer benefiting adjacent or other properties by entering into an agreement with the City if any of the following apply: 1. The sewer extension lies outside the sewer user's property and provides sewer service to other property; 2. The sewer extension is within the sewer user's property and is a gravity sewer larger than eight-inch diameter; 3. The eight-inch gravity sewer within the sewer user's property is required to be greater than ten (10) feet deep to serve upstream properties. 4. The sewer extension includes a permanent lift station. 5. The sewer extension includes a temporary lift station which the City requires to be oversized to serve adjacent or upstream properties. B. To be eligible for reimbursement, the user must: 1. Design the sewer extension in substantial accordance with the City of Meridian Master Sewer Plan; 2. Receive City approval of the sewer extension construction plans; 3. Construct the sewer extension in accordance with approved plans and City of Meridian standard specifications and details; 4. Solicit and receive three (3) bids for the sewer extension and select the lowest responsive bid as determined in a bid opening. The user must notify the Public Works Department of the bid opening forty-eight (48) hours in advance and Sewer Use and Service Revision Ordinance Page 16 of31 provide the opportunity for a Public Works Department representative to attend the bid opening during normal working hours; 5. Receive preliminary plat approval ftom City Council for the development to be served by the sewer extension. Sewer extensions intended to serve non- subdivision projects, and for which the developer seeks a reimbursement agreement, must receive approval for a reimbursement agreement fl:om City Council prior to construction plan approval by the City. C. Developer Reimbursement Agreements The City shall not be required to enter into a reimbursement agreement and whether or not to enter into such an agreement shall be at the sole discretion of the City Council; provided however, that: 1. No reimbursement agreement shall have a duration greater than ten (10) years unless the City is a beneficiary of the agreement. 2. No reimbursement agreement shall pay to the sewer user paying for or constructing a sewer line extension more than one hundred percent (100%) of his actual engineering and construction costs, it being noted that in most cases at least some of the cost would ordinarily be assessed to the sewer user's own property. 3. A reimbursement agreement may provide for interest to be paid to the sewer user. 4. The City may charge and may receive a :five percent (5%) administrative fee against the amount reimbursable to the sewer user for administration, accounting, auditing. and payment of the reimbursement payments made to the sewer user so extending the sewer line and having reached a reimbursement agreement with the City. 5. The reimbursement agreement shall be personal to the sewer user entering into it and shall not be assigned without the written consent of the City, which consent will not be unreasonably withheld. 6. The agreement will terminate when the user has been fully reimbursed ifthe agreed upon reimbursement amount is paid prior to the end of the term of the agreement. 7. The agreement shall be binding on the sewer user and his assigns, successors, heirs and executors and may be recorded as an encumbrance against the property of the sewer user. 8. The sewer user shall be required to indemnify and hold the City hannless ftom any and all liability whatsoever until the sewer line has been accepted for maintenance by the City. Sewer Use and Service Revision Ordinance Page 17 of3! 9. Said lines, after acceptance, shall become part of the City sewer system and be the sole property of the City. D. Methods of Reimbursement The reimbursement to the party constructing off-site or over-size or over-depth sewer will be ftom the sewer assessment fees owed or paid by the user as required under 9- 4-18(B). E. Amount of Reimbursement 1. Offsite Gravity Sewer Extensions. The amount of reimbursement to the user shall be based on the projected proportion capacity that the user's project requires. The amount of reimbursement shaH be based on actual construction costs, and may include reasonable engineering, surveying. construction staking, project management and easement acquisition costs, 2. On site Gravity Sewer Extensions. The amount of reimbursement to the user constructing "over-size" or "over-depth" gravity sewer shall be based on the percentages in the following table. Only construction costs are eligible for reimbursement for "over~size" or "over-depth" onsite gravity extensions- Tabl 1 0 't S It' b tP t e nSI e ewer elm ursemen ercen age (1 )Depth, ft 10" 12" 15" 18" 21" 24" 27" 30" 36" 10 11.5% 25.8% 39.5% 46.5% 50.0% 56.6% 63.5% 67.1% 72.0% 12 17.9% 30.3% 42.5% 48.9% 52.1% 58.2% 64.6% 68.1% 72.6% 14 23.3% 34.3% 45.2% 51.1% 54.0% 59.6% 65.7% 68.9% 73.3% 16 36.1% 43.9% 52.1% 56.6% 58,9% 63.5% 68.5% 71.3% 75.0% 18 39.5% 46.5% 54.0% 58.2% 60.3% 64.6% 69.3% 72.0% 75.5% 20 42.5% 48.9% 55.8% 59.6% 61.7% 65.7% 70.1% 72.6% 76.0% 22 47.7% 53.1% 58.9% 62.3% 64.1% 67.6% 71.6% 73.9% 77.0% 24 50,0% 54.9% 60.3% 63.5% 65,2% 68.5% 72.3% 74.4% 77.5% (1) Depth calculated as average depth fÌ'om finish grade to pipe invert ftom manhole to manhole, F, Reimbursement To City: Where the City constructs a sewer line extension, either on its own or in conjunction with another person or entity, the City may enter into a reimbursement agreement as authorized above such that the City is reimbursed for its costs of construction, engineering, legal costs and interest. (Ord. 482, 6-16-1987) 9..4..20: BOARD OF APPRAISERS: A. Board Created: There is hereby created the Board of Appraisers, consisting of three (3) members, to be the same persons as the Mayor, the City Clerk and the Public Works Director. Sewer Use and Service Revision Ordinance Page 18 of31 B. Duties: The Board of Appraisers shall be delegated the duty of hearing any disputes, objections or appeals by a sewer user regarding assessment fees, monthly user charges or other fees established by this chapter. 9-4-21: SEWER CHARGE APPRAISAL: If the user or owner disputes a sewer connection fee or monthly user charge, the user or owner may request that the parcel being subject to sewer connection, charge, periodic user charge, or other fees as provided for in Section 9-4-23 of this Chapter be appraised and assessed by the Board of Appraisers for the purpose of establishing the equivalent connection rating, the sewer connection charge, the inspection fee, the montWy service charge or other fees to be charged or assessed to and against such property. In making such appraisement and assessment, there shall be taken into consideration the area of land being served and the amount of flow (Q), the biochemical oxygen demand (BOD), the suspended solids (SS) and any other pertinent components ofthe wastes that the user is contributing to the system so as to establish, as nearly as possible, the rate, charge or fee for each property on the same relative basis as is imposed upon other like property and uses within the City that has or will receive the sewer service. This procedure may also be used to detennine the initial charges set forth herein or to change or modifY the initial charges. (Ord.477,4-21-1987) 9-4-22: FINAL APPROVAL OF SCHEDULE OF CHARGES: The City Council has the power to approve, confirm, modifY or amend any charge, rate or fee provided by this Chapter and the decision of the City Council shall be final. Upon final approval of the City Council, the same shall then and there be in effect and a copy thereof shall be filed in the office of the City Clerk. (Ord. 339, 5-29-1979) 9-4-23: BASIS FOR SEWER CHARGES: A. System Of Charges Established: There is hereby established a system of assessment fees, user charges, permit, review and inspection fees, periodic service charges and other fees for the use of, and for service rendered by the sewer works of the City. The rates, charges and fees provided by this Chapter are hereby levied and assessed against each lot, parcel of land, building or property having any connection with the sanitary sewer works of the City or otherwise discharging sanitary sewage, industrial wastewater or other liquids directly into the sanitary sewer works of the City. The rates, charges and fees shall be billed to and paid by the owner of each lot, parcel of land, building or property served by the sewer system. B. Properties Subject To Charges: It is specifically enacted that all property in the City to which a public sewer is available and is required to connect to the sewer as required in Section 9-4-8 of this Chapter, but is not used by the owner or occupier of said parcelofland, is still subject to user charges under the provisions of this Chapter. (Ord. 376, 7-7-1980) Sewer Use and Service Revision Ordinance Page 19 of31 9-4-24: W ASTEW A TER USER FEES AND ASSESSMENT FEES: The monthly sewer user rates for sanitary sewer service in the City are based on gallons of water used as detennined by the water meter readings. Residential homeowner's sanitary sewer user charges will be based on the actual water recorded for monthly water meter readings during the period of the year from approximately November 15 to the following March 15. For the following eight (8) month period, the average monthly reading for the period of November 15 to the following March 15, tenDed the "winter average", shall be the basis for the monthly sewer user charge. However, if the actual water use recorded for .any billing period between March 15 and November 15 is less than the preceding "winter average", the sewer user charge will be based on the actual water use. Also, provided, however, where there is a new owner, a new occupancy, or a change in occupancy, such as in the case of sale or new residence construction or sales of existing residences, between November 15 and March 15, the sewer user charge shall be based on the average winter residential water use in the City which is six thousand five hundred (6,500) gallons per month unless the CUITent water meter readings is less than six thousand five hundred (6,500) gallons. In this case, the sewer user charge will be based on actual metered water use. All other users such as commercial and industrial shall be based on their monthly water consumption. The user charges may be reviewed annually. The user charge system is based on the following: (Ord. 477, 4-21-1987; amd. 1999 Code) A. Monthly Service Charges: 1. The minimum sewer charge shall be as established by resolution of the City Council. (Ord. 02-967, 7-23-2002) B. Number Of Equivalent Residential Units Per Use: The wastewater assessment fees for all new sewer users, other than single-family residential, shall be based on the number of equivalent residential units (ERU' s) listed in Table 2, , unless other acceptable means of determining ERU's are used. Other acceptable means may include the Uniform Plumbing Code "fIXture unit" method or examination and analysis of historical consumption records of similar facilities within or outside the City of Meridian Table 2. Equivalent Residential Units Classification Apartment Bank Bar Barbershop, per chair Beauty salon, per operator station Bowling alley, per lane Number Of Equivalent Connections Minimum Equivalent Connections See Multiple Living Unit 2 2 0.5 0.5 0.2 1.0 1.0 1.0 Sewer Use and Service Revision Ordinance Page 20 of 31 Cafe, per customer seating capacity Car dealer Car wash (to be computed on an individual basis) Church Club, private Condominium Dentist, per practitioner Department store (per 3,000 square feet) Doctor, per practitioner Drugstore Dry cleaners Duplex F ourplex Garage (minimum) Grocery store Hospital, per bed Industry (see Major or minor contributing industry) Laundries Commercial (to be computed on an individual basis) Self-service up to and including 10 washing machines Each washing machine in excess of 10 Lodge or private club Major contributing industry (as per separate agreement) Minor contributing industry (as per separate agreement) MobUe home court or Dark First space Each additional space, long term tenant type Each additional space, short teon tenant type Mobile home or trailer house on own premises Motel- hotel- roomin2 house.. etc. With cooking facilities First unit Each additional unit Sewer Use and Service Revision Ordinance Page 21 of31 0.1 2 2.0 xxx: 2 2 See Multiple Living Unit 1 1 1 2 2 See Multiple Living Unit See Multiple Living Unit 2 See Retail Food Store 0.15 xxx 4 0.25 2 xxx: xxx: 1 1 1 1 1 0.5 Without cookin~ facilities First unit Each additional unit Multiole livin2 unit Studio or 1 bedroom 2 bedrooms 3 or more bedrooms Office building for each 2,500 square feet of gross floor space or fraction thereof Photo development lab Railroad depot Restaurant, per customer seating capacity Retail food store for each 1,500 square fe~~t of gross floor area or fTaction thereof Retail store for each 3,000 square feet of gross floor area or fraction thereof Schools per each 50 students in average daily attendance or traction thereof Service station Full service Gas and restroom service only With car wash (to be computed on an individual basis) Single-family residence Swimmim! 0001 Private, for each 500 .square feet of pool water surface area Public (to be computed on an individual b,1tsis) Tavern Theater Townhouse Trailer court or Dark First unit Sewer Use and Service Revision Ordinance Page 22 of31 1 0.25 1 1 1 1 2 2 0.1 2.0 1 1 1 4 2 xxx 1 0.25 xxx 2 2 1 1 Each additional space, long term tenant type Each additional space, short term tenant type 0.75 0.5 Triplex Variety store, for each 3,000 square feet of gross floor area or fraction thereof See Multiple Living Unit 1 9~4-25: SEWER CONNECTION REQUIREMENTS; FEES AND CHARGES: A. Permit Required; Fees: 1. Application For Permit: To obtain municipal sewer service, the owner or his agent shall make application to the City. The permit application shall be supplemented by any plans, specifications or other information considered pertinent in the judgment of the City. (Ord. 339,5-29-1979) 2. Pennit And Inspection Fee: A permit and inspection fee shall be paid to the City at the time the permit is issued. Also, the owner or his agent shall pay to the City, at the time the permit is issued, an assessment charge in the amount as provided for in section 9-4-24 of this chapter. The amount of the permit and inspection fee shall be as established by resolution of the City Council. B. Assessment Charges: The owner, or his agent, of all properties connecting to the public sewer of the City under the terms of this chapter shall pay an assessment charge as established by resolution of the City Council for each equivalent connection or ftaction thereof as may be assigned to the property by the City in accordance with section 9~4-18 ofthis chapter. C. Materials And Construction Methods: The materials of construction of the sewer service line and the methods to be used in excavating, placing of the pipe, jointing, testing and backfilling of the trench and surface replacement shall all conform to the requirements of specifications and codes as have been or may be adopted by the City. D. Separate Connection For Each Building: A separate and independent City sewer service connection shall be provided for each building. E. Notify City For Inspection: The applicant for the City sewer service connection shall notify the City Plumbing Inspector when the connection of the sewer service connection and line to the public sewer main is ready for inspection. (Ord. 339, 5-29- 1979) 9-4--26: SPECIAL CHARGES; SEWER INSPECTIONS; SEPTIC TANK WASTE DUMPING: Sewer Use and Service Revision Ordinance Page 23 of3] A. Connection To City Sewer System Outside City Limits: In order to obtain municipal sewer system service to parcel(s) which are either partially or entirely outside of the corporate City limits the following provisions must be complied with: 1. The applicant shall make application to the Public Works Director. Any agreement to provide sewer service outside the City limits shall provide that the applicant will agree to the terms and conditions required by this section as a consideration for obtaining such service. The City Council shall establish an application fee by resolution or upon the recommendation of the Public Works Director given the amount of staff review required for processing the application. The application shall specify the legal description of the parcel(s) for which service is being applied, the name and address of the legal owner(s) of the parcel(s) and purpose of the requested service. 2. Application must be filed with the Public Works Department. 3. Following the application and the payment of the application fee, the Public Works Director shall then review the circumstances presented by the application in accordance with the terms and conditions and regulations of this chapter as are relevant to the application and which shall also include a review of the effect the granting of the application will have on the ability of the municipal sewer system to provide an acceptable level of service to developed parcels with existing service within the City limits which shall not be compromised. 4. The Public Works Director shall then review the findings and recommendations with the applicant for comment. 5. The Public Warks Director shall then submit the application and a report of recommendation(s) to the City Council regarding the application. 6. The City Council, in the exercise of its discretion may either grant or deny the application after review of the application and the report of recommendation( s) of the Public Works Director. 7. In the event the Council grants the application it shall include as a condition that the legal owner(s) of the parcel(s) shall enter into an "agreement for the extension of domestic sewer service outside the City limits" (hereinafter in this section referred to as the "agreement") which agreement form shall provide that the legal owner(s) of the parcel( s) agree that the provisions of the City's ordinances, regulations and policies which appertain to the regulation, control and use of its domestic sewer system including hookup, service fees, and inspection fees, apply as terms oftbe "agreement" and which form shall also provide that the owner(s) of the parcel(s) agree to the annexation into the City of the parcel( s) serviced; and the council may also impose such other conditions of granting the application as are reasonable to assure the protection of the level of service to developed parcels within the City limits and to assure that the proprietary funds of the City domestic sewer service are not used for Sewer Use and Service Revision Ordinance Page 24 of31 the extension and/or enlargement of the system which conditions shall also be included in the "agreement". 8. The sewer user of the parcel(s) serviced pursuant to a granted application under this section shall be considered a user and subject to the tenns and conditions of the "agreement" so long as the property being served remains outside of the corporate limits of the City. 9. Notwithstanding subsection A5 of this section, if the requested connection is for a residence, or a multi~family residence not exceeding four (4) residential units, and if sewer service is readily available to the affected parcel without extension of service, then, if the Public Works Director deems it in the best interests of the City to do so, said connection may be authorized by the public works director without action by the City Council. If the director declines to approve the connection, the request will proceed to the City Council for final decision. (Ord. 01.910,2-27-2001) B. Sewer Line And Facility Inspection Fee: A fee shall be established and charged for inspection of sanitary sewer lines and facilities installed by any entity other than the City of Meridian. The fee shall be approved by the City Council. C. Septic Tank Waste Dumping Fee 1: A fee shall be established and charged for dumping septic waste into the City of Meridian wastewater treatment plant. The fee shall be approved by the City Council. 9-4-27: BILLING AND PAYMENT OF MONTHLY CHARGES: All monthly sewer charges shalt be due and payable from the owner to the Finance Department between the first and tenth day of each month for billing ftom the previous cycle. For new construction, the monthly user charge shall be computed from the date the service connection has been inspected and approved or when the building being served is substantially completed, whichever is the latest date. For new residential construction completed during the eight (8) lawn sprinkling months, the monthly sewer user charges shall be based on the use of six thousand five hundred (6,500) gallons per month or actual use, whichever is less. (Ord. 477, 4-21-1987) 9-4-28: DELINQUENCIES; CITY PROCEDURE: A. Termination Of Water Service For Nonpayment: If a sewer user has not paid the billing within fifteen (15) days from the date of the statement, it shall be deemed delinquent. The City shall follow the procedure set forth in section 9-1-21 of this title for termination of water services, and shall cause the water supplied to said sewer user to be turned off ITom the premises, the City taking notice that, without water, the sewer system of the user cannot be used and shutting off the water is the only way to prevent the use of the sewer for nonpayment; provided, if the charges are not paid within ten (10) days after the delinquency notice, and if no penalty is due for Sewer Use and SelVice Revision Ordinance Page 25 of 31 nonpayment of water charges, an additional penalty as set by resolution of the City Council will be added to the account and must be paid to restore service. B. Lien Against Property: Where allowed by law, all delinquent charges or fees, as provided by this chapter, not paid after the final determination of the sewer user's account shall be imposed as a lien against and upon the property or premises against which such charge or fee is levied or assessed, and the City Clerk shall, at the time of certifying the City taxes, certify such delinquencies together with all penalties to the tax collector of Ada County, Idaho, and when so certified, the same shall be a lien upon the property. All monies collected by the Clerk under the provisions of this section shall be paid over to the City Treasurer in the same manner as is required for the payment of other City monies. C. Use At New Location: The owner of any property leaving a delinquency in sewer fees at any location shall not be entitled to the use of the sewer system at any new location until all fee delinquencies are paid. D. Sewer Fund: All fees and charges received and collected under the authority of this chapter shall be deposited and credited to a fund to be designated as the sewer fund within the utility enterprise fund. The accounts of said fund shall show all receipts and expenditures for the maintenance, operation, upkeep and repair of the sanitary sewer system and any payments into a sinking fund established for the purpose of paying principal of and interest on the sewer indebtedness of the City which shaIl ftom time to time be outstanding. As provided by law, when budgeted and appropriated, the funds and credits to the account of the sewer fund shall be available for the payment of the requirements for the maintenance, operation, repairs and upkeep of the sanitary sewer system of the City, and to the extent legaIly available, for payment into a sinking fund established for the payment of the principal and interest on any sewer bond indebtedness of the City which shall from time to time be outstanding. (Ord. 03-1044,9-23-2003) 9-4-29: DISCONNECTION OF SERVICE FOR NONPAYMENT: A. Discontinue Sewer And Water Service: The provisions of this chapter shall apply to all property served with sanitary sewer within and outside the corporate limits of the City, including all property owned or occupied by the United States of America, Ada County, and the state ofIdaho, and in case of nonpayment or delinquency, the Wastewater Superintendent is, after the City has complied with the provisions of section 9-4-28 of this chapter, hereby authorized and directed to disconnect and/or plug the sewer connection with the sewer system of Meridian and direct the Water Superintendent to terminate the water supply to the property. (Ord. 477, 4-21-1987) B. Penalty For Turning On Water: If any person, after the water has been turned off from the premises on account of nonpayment of rates or other violation of this chapter or the rules and regulations pertaining to the sewer service, shall turn on or permit to be turned on or use or permit the water to be used, without authority, he shall be guilty Sewer Use and Service Revision Ordinance Page 26 of31 of a misdemeanor and, on conviction thereof, shall be subject to penalty as provided in section 1-4-1 of this code for each offense. (Ord. 477, 4-21-1987; amd. 1999 Code) 9-4-30: SEWER SYSTEM FUND: A. Fund Established; Purpose: All fees and charges received and collected under authority of this Chapter shall be deposited and credited to a special fund to be designated as the Sewer System Fund. The accounts of said Fund shall show all receipts and expenditures for the maintenance, operation, upkeep and repair of the sewer works and any payments into sinking funds as may be established for the purpose of: 1. Paying principal of and interest on the general obligation or revenue sewer bonds of the City which shall from time to time be outstanding; 2. Other special funds as may be established by the City Council. B. Disposition Of Funds And Credits: As provided by law, when budgeted and appropriated, the funds and credits to the account of the Sewer System Fund shall be available for the payment of the requirements for the maintenance, operation, repairs and upkeep of the sewer works of the City and, to the extent legally available, for payment into a sinking fund established for the payment of the principal of and interest on the general obligation sewer bonds of the City which shall from time to time be outstanding. (Ord. 339, 5-29-1979) , 9-4.31: RECEIPT AND DISBURSEMENT OF MONIES: All monies collected by the Finance Department under the provisions ofthis Chapter shall be paid, received, disbursed and accounted for as directed by the City Council. (Ord. 84, 10-8-1956) 9.4-32: PRIVATE SEWAGE DISPOSAL SYSTEMS: Where a public sanitary sewer is not available under the provisions of this Chapter, the building sewer shall be connected to a private sewer disposal system complying with the provisions of this Chapter and in accordance with the following special provisions: A. Permit Required; Permit And Inspection Fee: Before commencement of construction of a private sewage disposal system, the owner shall fIrst obtain written approval ffom the City. The applicant shall provide plans, specifications and other information as may be deemed necessary by the City. Review and inspection fees shall be established by resolution of the City Council. B. Inspection And Approval By City: Building permits for any structure to be served by an approved private sewage disposal system shall not be issued until the installation is completed to the satisfaction of the City Engineer. The City shall be allowed to Sewer Use and Service Revision Ordinance Page 27 of3! inspect the work at any stage of construction and the owner shall notify the City when the work is ready for final inspection and before any underground works are covered. The applicant shall be responsible for payment of all applicable inspection fees prior issue of building permit. C. Compliance With State Regulations: The type, capacities, location and layout of a private sewage disposal system shall comply with all of the rules and regulations and recommendations of the Idaho Department of Environmental Quality, Idaho Department of Health and Welfare and/or the Central District Health Department. No septic tank or cesspool shall be permitted to discharge to any natural outlet. D. Connection To Public Sewer When Available: At such time as a public sewer becomes available to property served by a private sewage disposal system, a direct connection shall be made to the public sewer in compliance with this Chapter and any septic tank, cesspool or similar private sewage disposal facilities shall be abandoned and filled with suitable material and all appropriate fees paid. E. Operation In Sanitary Manner: The owners shall operate and maintain the private sewage disposal facility in a sanitary manner at all times and at no expense to the City. F. Septic Tank Pumpings; Disposal And Fee: Septic tank pumpings shall not be deposited in any manhole, cleanout or sewer opening. The pumpings may be dumped at the sewage treatment plant at a point designated by the City. The number of gallons dumped and the nature of the wastes shall be provided to the plant operator prior to dumping. A fee for the septic tank dumping shall be approved by the City Council:};l . G. Additional State Requirements: No statement contained in this Section shall be construed to interfere with any additional requirements that may be imposed by the Department of Environmental Quality or Department of Health and Welfare of the State of Idaho. (Ord. 339,5-29-1979) 9~4-33: MAINTENANCE OF LINES; CONTRACTOR LICENSE: A. Maintenance Of Lines; Digging In Streets: All users of the sewer system shall keep their pipe connections and other apparatus in good repair and protected ITom freezing at their own expense, but no person, except under the direction of the Public Works Department, shall be allowed to dig into the street, alley, sidewalk or easement beneath which the lateral and trunk line sewers run or to tap into any such lateral or trunk line in any manner. B. Work By Contractor, License Required: Any contractor excavating within the limits of the public right of way shall posses a valid public works contractor's license for that specialty. (Ord. 477, 4-21-1987) 9~4-34: POINT OF LIABILITY FOR MAINTENANCE: Sewer Use and Service Revision Ordinance Page 28 of 31 A. User Responsibility: All users shall have the responsibility of, and be liable for, and shall pay for, all costs and expenses of maintaining their own sewer service lines extending ftom their property improvement (Le. house or building) until such sewer lines pass the vertical plane of the user's property line. This maintenance liability of the user includes ensuring that the entire sewer service line £Tom the property line to the sewer main is clear and free ftom obstructions. The City shall be responsible for the structural repair of the portion of the sewer service line located in the public right- of-way or outside the property which the sewer service is serving. B. Nonconflicting Provisions: This Section shall not be construed to be in conflict with Section 9-4-33 of this Chapter, which states that no person shall be allowed to dig into the street, alley, sidewalk or easement beneath which the lateral and trunk line sewers run or tap into any such lateral or trunk: line in any manner without the Public Works Department's authorization. Any such person must also obtain permission ftom other entities holding jurisdiction over the public right-of-way or the easement grantor to perform work within the street, alley, sidewalk or easement for which the user is liable. (Ord. 477, 4~21-1987) 9-4~35: USERS LIABLE FOR VIOLATION: No user of the City sewer service shall permit or allow any person ftom any other premises or any unauthorized person to discharge sewage into said system and the permit to connect with the sewer system shall be limited to the person and the premises designated in the permit. Any violation of this Section by either the permit holder or an unauthorized person shall be deemed a misdemeanor. Any such violations shall be grounds for the Superintendent to withhold sewer service, without notice of termination of service, and the Superintendent may require the Water Superintendent to terminate water service. In appropriate circumstances the Superintendent may require that a separate service connection is put in for each user. (Ord. 477,4-21-1987) 9-4-36: CITY NOT LIABLE FOR DAMAGE OR SERVICE INTERRUPTION: The City shall not be held liable for damages to any sewer user or his property by reason of a stoppage or other interruption of his water supply or sewer disposal service caused by scarcity of water, accidents to the works, alterations, additions, or repairs to the sewer or water system or ITom other unavoidable causes beyond the control of the City. (Ord. 477, 4-21-1987) 9-4-37: INJURY TO SEWER SYSTEM UNLAWFUL: A Damaging Property: No unauthorized person shall maliciously, willfully or negligently break, damage, destroy, uncover, deface or tamper with any structure, appurtenance or equipment which is a part of the sewer works. B. Depositing Garbage: It shall be unlawful for any person to deposit any garbage, rubbish, sod, lawn clippings and yard debris, construction materials, dead animals or Sewer Use and Service Revision Ordinance Page 29 of 31 any substance, liquid or solid, having a tendency to obstruct the flow of the sewer in any manhole, cleanout or sewer opening, or which is prohibited by any other portion of this chapter, the pretreatment regulations at Chapter 2 of this Title, or any state or federal regulation. 9-4-38: PENAL TIES: A. Notice Of Violation; Responsibility For Remedy: Any person found to be violating any provisions of this Chapter, other than for nonpayment of a sewer bill, shall be served by the City with a written notice stating the nature of the violation and providing three (3) working days for the satisfactory correction thereof The offender shall, within the period of time stated in such notice, permanently cease all violations and if necessary make all corrections and repairs to the system or pay for same if the City has to make the correction(s) or repair(s). B. Penalty Imposed: Any person who shall continue any violation, beyond the time limit provided for hereinabove in this Section shall be guilty of a misdemeanor and, on conviction thereof: shall be subject to a fme not exceeding one thousand dollars ($1,000.00) or imprisonment not exceeding thirty (30) days, or both such fine and imprisonment. for each violation. Each day in which such violation shall continue shall be deemed a separate offense. (Ord. 795. 7-7-1998) C. Liability To City For Loss Or Damage: Any person violating any of the provisions of this Chapter shall become liable to the City for any expense, loss. or damage occasioned by the City by reason of such violation and, for other than nonpayment of sewer bill violations, may have their sewer and water supply terminated after the above three (3) working day notice period has expired. D. Cumulative Penalties: These penalties shall not be construed to be exclusive but shall be construed to be cumulative of: and in addition to, any other penalties provided for in this Code or the Criminal Code of the State; as an example, a person injuring the sewer system could be criminally charged with malicious injury to property for all violations initially charged as a criminal violation, the notice provisions provided for in this Chapter shall not apply. (Ord. 795, 7-7-1998) SECTION 3: All ordinances. resolutions, orders or parts thereof in conflict herewith are hereby repealed. rescinded and annulled. SECTION 4: VALIDITY: The Meridian City Council hereby declares that any section, paragraph, sentence or word of this Ordinance as adopted and amended herein be declared for any reason to be invalid it is the intent of the Meridian City Council that it would have passed all other portions of this Ordinance independent of the elimination herefrom of any portion as may be declared invalid. SECTION 5: SAVINGS CLAUSE: This Ordinance does not affect an action or proceeding commenced or right accrued before this Ordinance takes effect. Sewer Use and Service Revision Ordinance Page 30 of31 SECTION 6: DATE OF EFFECT: This ordinance shall be in full force and effect after its passage, approval and publication, according to law. PASSED BY THE CITY COUNCR. OF THE CITY OF MERIDIAN, IDAHO, this 61;6 day of ð?cIf;~, 2004. ~J°?~ o~Y ~~R, ~:orm CITY OF MERIDIAN, IDAHO, this ATTEST: ~ C. CI k ~ SEAL = Ity er :; 7. ('J ~ ::- &0. ,~~ An Ordinance of the City ofMeridiáØ.~: . 1 . ~~ri Jr., City Clerk First Reading: /&-5'"-&1- "".-.-",.-.COUNT"t. ,"\""" Adopted after first reading by suspension'Ortthe &uJfàs allowed pursuant to Idaho Code 50-902: YES X NO Second Reading: Third Reading: STATE OF IDAHO,) : SS. ) On this S fA day of ()clc { iý . 2004, before me, the undersigned, a Notary Public in and for said State, personally appeared TAMMY de WEERD and WILLIAM G. BERG, JR., known to me to be the Mayor and City Clerk, respectively, of the CITY of Meridian, Idaho, and who executed the within instrument, and acknowledged to me that the City of Meridian executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the diU', Hnd year first above written. """ I "". ,," L "'f#. ~.i~:\.C'E .'. $.L#.#.#.. "~....">" ."",c.,. '"~.,"7./~ #..,. .....~. .. . ," or' ~ .. <I" '1-- .. l ~Û'i/- ,. ~ .. .., . . .. -.- (SEAL! \ ~ G: ' ¡ T Y PUBLIC FQR IDNIO ;'<p\ CrBL\ .." :: RE INGAT: IY!t'r/tl¡'i:l"'1 \.~ ;............~*~....l " ,COMMISSION EXPIRES: IN ¡xV 07 #.#." Ii 0 F H> ~..." - 7 I 'f... ..", z:\ W ork\M\Meridian\M~~'15360M\Ordinances City HalI\2004 Ord\Sewer use and service regulations revision October 2004.doc County of Ada. ,4J¿ Sewer Use and Service Revision Ordinance Page 31 of31 NOTICE AND PUBLISHED SUMMARY OF ORDINANCE PURSUANT TO I.C. § So..901(A) CITY OF MERIDIAN ORDINANCE NO. 04- / I tJ ~ PROVIDING FOR REPEAL AND RE-ENACTMENT OF SEWER USE AND SERVICE REGULATIONS. This ordinance of the City of Meridian repeals Chapter 4 of Title 9 of the Meridian City Code concerning Sewer Use and Service regulations, and re-enacts a new Chapter 1, Title 9. The new chapter contains purpose, definitions, jurisdiction, mandatory use, how application for service is made and processed, determines where City liability for sewer service lines begins and ends, regulates sewer service connections and sewer lines, workmanship, backfilling and sutface repair, right of entry for inspection, sewer main extensions, assessments and fees, cooperative and reimbursement agreements, how sewer charges are calculated, sewer user and equivalent connection appraisals, when service can be extended outside of the City limits, when charges are due and when late charges may be assessed, billing and collection, effects of delinquent accounts, disconnection of sewer service for nonpayment, establishm.ent of a sewer fund within the enterprise fund, regulates private sewer systems, limits City liability for service interruptions, regulates special charges, sewer inspections and septic tank waste dumping, sewer use restrictions as well as post locations. protects sewer system, prohibits the waste of sewer, makes users liable for violation of the ordinance and provides penalties for violations. A full text of this ordinance is available for inspection at City Hall, C~ of Meridian, 33 East Idaho, Meridian, Idaho. This ordinance shall become effective on the ~ - day of t'c::.-~ ~ 2004. 1 Y of Meridian Mayor and City Council ::.,. !':J- By: William G. Berg, Jr., City Clerk.~ . '<1,)", "tf 0 } '-;;"'A ~"iì 1<;1" ' . ';:;' ~ ". \..,I , ~' ... First Reading: /0 - 6 - t? ~ "'~~'/I~ °OUf\rr"l . ~\'.\,,::..;,'" Adopted after first reading by suspension ofthêIRule.as'ìl:llowed pursuant to Idaho Code 50-902: YES ì< NO Second Reading: Third Reading: Z:\Work\M\Merîdian\Meridian 15360M\Ordinances City Hall\2004 OrdISewer use and service Sum Ord October 2004.doc Sewer Use and Service Regulation Revision SunttnaIy Page 1 of 1