TITLE 12 - Index

 

CHAPTER 12.01 - GENERAL PROVISIONS 
12.01.010 General Applicability/Purpose
12.01.020 Definitions
12.01.030 Rates and Charges Set by Council Resolution
12.01.040 Administration and Regulation of Systems
12.01.050 Application; Billing; Delinquent Charges and Fees
12.01.060 Discontinuance of Service by City
12.01.070 Property Liens
12.01.080 Right of Entry for Inspections or Repair
12.01.090 Liability for Damages
12.01.100 City in Lieu of Franchise Fees
12.01.110 Violations/Penalty
12.01.120 Severability
       
CHAPTER 12.02  - WATER SERVICE  
      12.02.020  Basic service terms and conditions
      12.02.030  Installation of services from main to meter or shutoff
      12.02.040  Installation of separate service to each house or premises
      12.02.050  Installation of service pipes
      12.02.060  Water shutoff authorized when
      12.02.070  Rate adjustments due to leaks
      12.02.080  Meters--Testing
      12.02.090  Temporary disconnection--Charges
      12.02.100  Outside connection requirements
      12.02.110  Fire protection pipes permitted--Conditions
      12.02.120  System under exclusive control of City Engineer -Damage responsibility
      12.02.130 Connections between private and city water systems--Discontinuance of service
      12.02.140  Use of fire hydrants
      12.02.150  Water used for building purposes on meter basis
      12.02.160  Meters--Ownership, damage and registration
      12.02.170  Services outside of city
      12.02.180  Water districts and other suppliers--Reports and other requirements
      12.02.190  Billing, due dates, delinquencies and liens
      12.02.200  Unauthorized turning on or off--Penalty
      12.02.210  Conservation requirements--Prohibited acts
      12.02.220  Adjustments and refunds
      12.02.230  Use of water during emergency restricted
      12.02.240  Declaration of water emergency
      12.02.250  Cross connection and backflow control requirements
      12.02.260  Cross connection - Inspection
      12.02.270  Cross connection - Expenses
      12.02.280  Cross connection - Installation
      12.02.290  Cross connection - Standards
      12.02.300  Cross connection - Failure of Device
      12.02.310  Cross connection - Testing
      12.02.320  Cross connection - New Buildings
      12.02.330  Cross connection - Pre 1988 Devices
      12.02.340 Cross connection - Authority for interpretation of devices, rules and specifications

CHAPTER 12.03  WASTEWATER SERVICES                                                                              
      Sections:
12.03.010 Permits required--Application requirements
12.03.020 Installation of separate service to each house or premises
12.03.030 Installation of service pipes
12.03.040 Backwater Prevention
12.03.050 Water shutoff authorized when
12.03.060 Temporary disconnection--Charges
12.03.070 System under exclusive control of City Engineer--Damage responsibility
12.03.080 Access to premises for inspection
12.03.090 Services outside of city
12.03.100 Billing, due dates, delinquencies and liens
12.03.110 Adjustments and refunds
12.03.120 Wastewater Service Charges
12.03.130 Lateral service and trunk line costs
12.03.140 Industrial waste and pretreatment charges
12.03.150 Unlawful discharge
12.03.160 On-Site Disposal
12.03.170 Installation Required
12.03.180 Use of Existing Building Wastewater Services
12.03.190 Discharge of Stormwater
12.03.200 Prohibited Discharge
12.03.210 City's Authority
12.03.220 Interceptors
12.03.230 Special Agreements
12.03.240 Plan Approval
12.03.250 Flow Measurement and Sampling Facilities
12.03.260 Waste Charges
12.03.270 Inspection
12.03.280 BOD Computation
12.03.290 Measurement and Sampling Devices
12.03.300 Connection of Private Systems
12.03.310 Dumping into wastewater system--Supervision required--Regulations generally
12.03.320 Permission required for dumping
12.03.330 Dumping charges

CHAPTER 12.04  - STORM WATER 
12.04.010 Stormwater—definitions
12.04.020 Permits required; application requirements
12.04.030 Stormwater connection required
12.04.040 Installation of separate service to each parcel under separate ownership
12.04.050 Installation of service pipes
12.04.060 Stormwater detention
12.04.070 Discharge of stormwater
12.04.080 Prohibited discharge
12.04.090 System under exclusive control of City Engineer; damage responsibility
12.04.100 Service charges established
12.04.110 Service charge components
12.04.120 Interim service charge
12.04.130 Exemptions
12.04.140 Adjustment of service charge
12.04.150 Service charge credit
12.04.160 Minimum service charge
12.04.170 Appeal of denial of adjustment or credit request

CHAPTER 12.05  - UNDERGROUND UTILITIES  
      12.05.010  Expense of conversion to underground utilities
      12.05.020  Construction standards
      12.05.030  Permit--Required plans
      12.05.040  Residential Remodels

CHAPTER 12.06 - UNIFORM REQUIREMENTS FOR THE USERS OF THE CITY -OWNED TREATMENT WORKS REGARDING PRETREATMENT OF WASTEWATER  
      12.06.010  General Provisions
      12.06.020  General Sewer Use Requirements
      12.06.030   Pretreatment Of Wastewater
      12.06.040   Wastewater Discharge Permit Application                                                                     
      12.06.050   Wastewater Discharge Permit Issuance Process
      12.06.060   Reporting Requirements
      12.06.070   Compliance Monitoring
      12.06.080   Confidential Information
      12.06.090   Publication Of Users In Significant Noncompliance
      12.06.100   Administrative Enforcement Remedies
      12.06.110   Judicial Enforcement Remedies
      12.06.120   Supplemental Enforcement Action
      12.06.130   Affirmative Defenses To Discharge Violations
      12.06.140   Miscellaneous Provisions

CHAPTER 12.07 - SYSTEM DEVELOPMENT CHARGES 
     12.07.010 Purpose and Policy
     12.07.020 Definitions
     12.07.030 System Development Charge Established
     12.07.040 Methodology
     12.07.050 Authorized Expenditures
     12.07.060 Expenditure Restrictions
     12.07.070 Capital Improvement Plan
     12.07.080 Calculation and Collection of SDC
     12.07.090 Partial and Full Exemptions
     12.07.100 Credits
     12.07.110 Alternative SDC Rate Request
     12.07.120 Segregation and Use of SDC Revenue
     12.07.130 Appeals and Challenges

CHAPTER 12.08 - CROSS-CONNECTION CONTROL 
      12.08.010  Definitions
      12.08.020  Purpose
      12.08.030  Application and Responsibilities
      12.08.040  Cross Connections Regulated
      12.08.050  Backflow Prevention Assembly Requirements
      12.08.060  New Construction
      12.08.070  Retrofitting
      12.08.080  Lawn Irrigation
      12.08.090  Thermal Expansion
      12.08.100  Wholesale Customers
      12.08.110  Mobile Units
      12.08.120  Installation Requirements
      12.08.130  Effects of Backflow Assembly Installation
      12.08.140  Fire Systems
      12.08.150  Plumbing Code
      12.08.160  Access to Premises
      12.08.170  Annual Testing and Repairs
      12.08.180  Responsibilities of Backflow Prevention Assembly Testers
      12.08.190  Costs of Compliance
      12.08.200  Termination of Service
      12.08.210  Notification of Water Treatment

CHAPTER 12.09 - ADMINISTRATIVE ANNEXATION 
      12.09.010   Consent to Annexation Required for Service Provided Outside of City Limits.
      12.09.020   Administrative Annexation of Contiguous Property.

 

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TITLE 12 - PUBLIC UTILITIES

CHAPTER 12.01 - GENERAL PROVISIONS

Legislative History: Ord 1821 (2002); Ord 1692 (1993)

Sections:
12.01.010 General Applicability/Purpose
12.01.020 Definitions
12.01.030 Rates and Charges Set by Council Resolution
12.01.040 Administration and Regulation of Systems
12.01.050 Application; Billing; Delinquent Charges and Fees
12.01.060 Discontinuance of Service by City
12.01.070 Property Liens
12.01.080 Right of Entry for Inspections or Repair
12.01.090 Liability for Damages
12.01.100 City in Lieu of Franchise Fees
12.01.110 Violations/Penalty
12.01.120 Severability

12.01.010 General Applicability/Purpose.  This title provides regulations for system development charges, water services, waste water services, cross connection control, stormwater systems, underground utilities and related matters to preserve the public health, safety, convenience and general welfare of the present and future inhabitants of the city.

12.01.020 Definitions.  Unless the context requires otherwise or unless the term is otherwise defined in this Title, the following definitions shall apply to Title 12.

Applicant.  A person or entity which has applied for a permit.

Acid.  Having a Ph lower than 7

Alkali.  Having a Ph higher than 7

BOD (biochemical oxygen demand).  The quantity of oxygen used in the biochemical oxidation of organic matter under standard laboratory procedure in five days at 20 degrees C, expressed in milligrams per liter.  The laboratory determinations shall be made in accordance with standard methods.

"CCC Inspector" (Cross Connection Control Inspector).  The city representative appointed by the City Engineer after completion of the applicable state certification course(s).

Capital Facilities Plan.  The Hood River Capital Facilities Plan (2001), as amended.

Capital Improvements.  Public facilities or assets used for:  
(1) Water supply, treatment, or distribution, or any combination thereof;
(2) Wastewater collection, transmission, treatment or disposal or any combination thereof; and
(3) Stormwater drainage, systems or flood control; or
(4) Transportation.
 
City.  The City of Hood River, Hood River County, Oregon.

City Engineer.  Includes the City Engineer or designee.

Council.  Hood River City Council.

Developer.  A person who applies for a permit.

Development.  All improvements on a site, including buildings, other structures, parking and loading areas, and areas devoted to exterior display, storage or activities, improved open areas such as plazas and walkways.  Redevelopment.  Constructing a building or other structure, making a physical change in the use or appearance of a structure or land, or creating or terminating a right of access.  Not unimproved lands or natural geologic forms. 

FOG.  Fat, oil and/or grease.

Garbage.  Solid wastes from the domestic and commercial preparation, cooking, and dispensing of food, and from the handling, storage, and sales of produce.

Improvement Fee.  A fee for costs associated with capital improvements to be constructed after the date the fee is adopted pursuant to Chapter 12.07.

Land Area.  The area of a parcel of land as measured by projection of the parcel boundaries upon a horizontal plane with the exception of a portion of the parcel within a recorded right of way or easement subject to servitude for public street or for a public scenic or preservation purpose.

Owner.  The owner(s) of record title or the purchaser(s) under a recorded land sales agreement, and other persons having an interest of record in the described real property.

Parcel of land.  A lot, parcel, block or other tract of land that is occupied or may be occupied by a structure or structures or other use, and includes the yards and other open spaces required under the zoning, subdivision or other development ordinances.

Permit.  Permit includes:
(1) a building permit;
(2) a development permit
(3) a permit for development not requiring the issuance of a building permit;
(4) a permit or approval to connect to the water system;
(5) a permit or approval to connect to the wastewater system;
(6) a permit or approval to connect to the storm sewer system; or
(7) a right of way access permit .

Person.  "Person" includes any individual, firm, corporation, entity or partnership.

Premises.  Any building or property served by or applying for service from the public water supply or wastewater system.

Private wastewater system.  A system of wastewater piping and appurtenances fully under private ownership and/or the operation of such not accepted by a public authority.

Public wastewater system.  A wastewater system which is controlled by public authority.


Public water supply or water system.  The piping system for collecting, conveying, and treating potable water from the source to individual water users beginning at the source and terminating at the water meter or city shut-off.

Qualified public improvement.  A capital improvement that is required as a condition of permit approval, identified in the plan adopted pursuant to Chapter 12.07, and either:
(1) Not located on or contiguous to a parcel of land that is the subject of permit approval; or
(2) Located in whole or in part on or contiguous to a parcel of land that is the subject of permit approval and required to be built larger or with greater capacity than is necessary for the particular development project to which the improvement fee is related.
(3) For purposes of this definition, contiguous means in or separated by a public way that abuts the parcel.

Reimbursement fee.  A fee for costs associated with capital improvements constructed or under construction on the date the fee is adopted pursuant to Chapter 12.07.

Residential user.  All single-family dwelling units or multiple-family dwelling units where water service is supplied to each unit through individual water meters.

SDC.  (System Development Charges).  A reimbursement fee, an improvement fee or a combination thereof assessed or collected at the time of increased usage of a capital improvement, at the time of issuance of a permit, or at the time of connection to the capital improvement.  "System development charge" includes that portion of a wastewater or water system connection charge that is greater than the amount necessary to reimburse the city for its average cost of inspecting and installing connections with water and wastewater facilities.  "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 cost of complying with requirements or conditions imposed by a land use decision.

Service Charge.  The monthly rate established by the Council pursuant to Section 12.01.030 and the provisions of this title for the use of the water, wastewater, and stormwater systems.  The service charge may include a surcharge.

Sewer.  A pipe or conduit system for carrying wastewater with or without attendant valves, manholes, pumps, etc..

Slug.  A discharge of water, sewage, or industrial waste that in concentration of any given constituent or in quantity of flow exceeds for any period of duration longer than 15 minutes more than 5 times the average 24-hour concentration or flows during normal operation.

Standard methods.  The examination and analytical procedures contained in the most recent edition of "Standard Methods for the Examination of Water, Sewage, and Industrial Wastes," published jointly by the American Public Health Association, the American Water Works Association, and the Federation of Sewage and Industrial Wastes Associations.

Storm drain or stormwater system.  All facilities for carrying, collecting, managing and controlling stormwater, excluding sewage and industrial wastes.


Stormwater.  Water from precipitation, surface or subterranean water from any source, drainage, and non-septic waste water.

Surcharge.  The assessment, in addition to the service charge, that is levied on those persons whose wastes are greater in strength than the concentration values established as representative of normal sewage or require special handling.

Surface Water.  Waters upon the surface of the earth in bounds created naturally or artificially including, but not limited to, streams (permanent and intermittent), above ground and underground springs, rivers and other water courses.

Suspended solids.  Solids that either float on the surface of, or are in suspension in, water, sewage, or other liquids, and that are removable by laboratory filtering.  Quantitative determination of suspended solids shall be made in accordance with standard methods.

Title.  Title 12 of the Hood River Municipal Code.

Unpolluted water.  Water containing none of the following: free or emulsified grease or oil; acids or alkalis; substances that may impart taste and odor or color characteristics; toxic or poisonous substances in suspension, colloidal state or solution; odorous or otherwise obnoxious gases.  It shall contain not more that 1.0 milligrams per liter by weight of dissolved solids; not more than 2.0 milligrams per liter each of suspended solids or biochemical oxygen demand.  Analytical determinations shall be made in accordance with standard methods.

Wastewater.  A combination of the water-carried wastes from residences, business buildings, institutions, and industrial establishments, together with any ground, surface, and stormwaters that are present; sewage.

Wastewater Collection Officer.  The person appointed by the City Engineer and certified by the State of Oregon as a Wastewater Collection System Operator.

Wastewater treatment plant.  An arrangement of devices and structures used for treating wastewater.

Wastewater System.  All facilities for collecting, pumping, treating, and disposing of wastewater; sewage works.

Water Service Connection. The point where the city has installed or may install a shut-off or water meter on the water service line to a premises.

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

Water Department.  The City of Hood River Water Department or its designee.

Water Superintendent.  City Engineer or his/her designee.

12.01.030 Rates and Charges Set by Council Resolution.

A. Service charges for use of the water, stormwater and wastewater systems, are set by Council resolution.  Service charges include rates and fees for use of the system(s),  initiation and termination of service, meter testing, and such other rates, charges and fees for water, stormwater and wastewater system use approved by the Council pursuant to this Title.  No connection to the water, wastewater, or stormwater system is permitted and no permit will be issued unless all service charges for the property for all systems have been paid in full, regardless of whether the applicant incurred the charges.

B. The methodology used to establish water service charges for usage shall consider the estimated costs of maintenance, repair, rehabilitation and replacement of the water system, including associated engineering, architectural and legal expenses, debt service, and the cost of operation and administration of the water system and charges shall be based upon water consumption. The Council may set different rates for premises located outside of city limits.

C. The methodology used to establish wastewater service charges for usage shall consider the estimated costs of maintenance, repair, rehabilitation and replacement of the wastewater system, including associated engineering, architectural and legal expenses, debt service, and the cost of operation and administration of the wastewater system and charges shall be based upon water consumption and the demand placed upon the wastewater system by each user or type of use. The council may set different rates for premises located outside of city limits.  The Council may impose a wastewater service charge on users of the water system, regardless of whether the user uses the wastewater system.

D. The methodology used to establish stormwater service charges for usage shall consider the estimated costs of maintenance, repair, rehabilitation and replacement of the stormwater system, including associated engineering, architectural and legal expenses, debt service, the cost of operation and administration of the stormwater system and charges shall be set in accordance with Chapter 12.04. The Council may set different rates for premises located outside of city limits.

12.01.040 Administration and Regulation of Systems.  The City Engineer is responsible for administering the water, wastewater and stormwater systems.  The City Engineer may establish regulations for the use of the water, wastewater and stormwater systems that supplement and are not inconsistent with the regulations in this title.
 
12.01.050 Application; Billing; Delinquent Charges and Fees. 

A. All persons desiring to use the City’s water, stormwater, or wastewater systems must file a written application to the Public Works Department.  The City Engineer determines the form of application.  Any person receiving service but for whom no account exists is considered an applicant and will be billed for the service and required to pay for the service.

B. All service charges are billed to the customer at the address provided in the application for service.  All service charges are due on receipt of the bill and if not paid within 30 days of the original billing date, a later charge may be imposed in addition to the amount billed.  The late charge is set by Council resolution.

C. If all service charges are not paid in full when due, credit is given first to the stormwater service charges, then to the wastewater service charges, and lastly to the water service charges.


D. A claim for delinquent service charges may be transferred from a tenant to an owner of real property provided water or wastewater services, subject to ORS 91.255.  When applying to connect, establish or reestablish service to the City’s water, wastewater, or stormwater system, all owners of real property shall provide written consent for the City to transfer a claim for delinquent service charges from a tenant to the owner. 

E. All service charges due to the city according to the provisions of this title which are not paid promptly when due, may, in addition to any other remedy available to the City, be recovered in an action at law by the city.  The prevailing party in such action shall be awarded reasonable attorney's fees and costs by the trial court.

12.01.060 Discontinuance of Service by City.  If a customer’s account becomes delinquent for more than 45 days, the City Engineer may direct that the water service to the customer be terminated and discontinued until all delinquent service charges are paid in full.  The City Engineer shall adopt regulations providing for prior written notice of termination and discontinuance and notice of the steps necessary in order to reestablish service.

12.01.070 Property Liens. 

A. If a customer is the owner of the property, service charges, plus billing service charges, late payment charge, charge for collecting delinquent bills, damages and any other charges incurred relating to the property shall be a lien against the property served from the date of delinquency. In the case of a closing bill where the property is being sold or transferred, the lien for the closing bill shall attach as of the day preceding the sale or transfer.

B. When a bill for service remains unpaid for 60 days after it has been entered in the customer's billing record or other City record, and recorded in the City's lien docket, the lien may be foreclosed in any manner provided by ORS 223.505 to 223.650 or otherwise provided by law.

12.01.080 Right of Entry for Inspections or Repair.  City employees shall at all reasonable times have access to any premises provided water, wastewater or stormwater services by the City, for inspection, repair or replacement of the existing service or services or the enforcement of the provisions of this title.

12.01.090 Liability for Damages.  A person who violates a provision of this title shall be strictly liable to the City for loss or damage to the City caused by the violation.

12.01.100 City In Lieu of Franchise Fees.  As compensation for use of City rights-of-way, the City Council may cause the City, by resolution, to pay an amount in lieu of franchise fees to a specified City fund.  Revenues required to meet debt service payments may be exempt from this requirement.

12.01.110 Violations/Penalties.  Any person who violates or causes a violation of any provision of this title shall be punishable by a fine of up to $1,000 per occurrence and termination of water service.  Failure of any user of water service, stormwater service, or wastewater services to pay a charge required by this title, shall subject such user to discontinuance of all or any of such services. Unless specified otherwise, violations of this title are declared civil violations and such violations may, in addition to or in lieu of other remedies or enforcement measures provided by State law or this title, be enforced under the provisions of Chapter 1.12 of this code.

12.01.120 Severability.  The invalidity of a section or subsection of this title shall not affect the validity of the remaining sections or subsections.

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CHAPTER 12.02 - WATER SERVICE

Legislative History: Ord 1821 (2002); Original Ordinance not Noted

Sections:
12.02.010 Permits required--Application requirements
12.02.020 Basic service terms and conditions
12.02.030 Installation of services from main to meter or shutoff
12.02.040 Installation of separate service to each house or premises
12.02.050 Installation of service pipes
12.02.060 Water shutoff authorized when
12.02.070 Rate adjustments due to leaks
12.02.080 Meters--Testing
12.02.090 Temporary disconnection--Charges
12.02.100 Outside connection requirements
12.02.110 Fire protection pipes permitted--Conditions
12.02.120 System under exclusive control of City Engineer--Damage responsibility
12.02.130 Connections between private and city water systems--Discontinuance of service
12.02.140 Use of fire hydrants
12.02.150 Water used for building purposes on meter basis
12.02.160 Meters--Ownership, damage and registration
12.02.170 Services outside of city
12.02.180 Water districts and other suppliers--Reports and other requirements
12.02.290 Billing, due dates, delinquencies and liens
12.02.200 Unauthorized turning on or off--Penalty
12.02.210 Conservation requirements--Prohibited acts
12.02.220 Adjustments and refunds
12.02.230 Use of water during emergency restricted
12.02.240 Declaration of water emergency
12.02.250 Cross connection and backflow control requirements
12.02.260 Cross connection - Inspection
12.02.270 Cross connection - Expense
12.02.280 Cross connection - Installation
12.02.290 Cross connection - Standards
12.02.300 Cross connection - Failure of Device
12.02.310 Cross connection - Testing
12.02.320 Cross connection - New Buildings
12.02.330 Cross connection - Pre 1988 Devices
12.02.340 Cross connection - Authority for interpretation of devices, rules and specifications

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12.02.010 Permits Required - Application Requirements.  It is unlawful for any person to use water from the city water system unless permission has been first obtained in writing from the city water department.  Applications for permits to con¬nect to the city water system or requests to turn water on or off at any premises shall be made in writing, and signed by the owner or authorized agent of the real property to be served.  The applicant, as a condition precedent to water service, agrees to conform to all city titles and regulations concerning the use of water.
 
12.02.020 Basic Service Terms and Conditions.
 
A. Charges for furnishing water shall be chargeable to the users of the water system.  In the event of delinquency resulting in water shut-off, water shall not again be furnished to users until all outstanding obligations for water system services furnished to that user have been paid in full, together with any delinquent wastewater charges.

B. No person supplied with water from the city water system shall be entitled to use same for any purposes other than those stated in his or her application and shall not supply, in any way, other persons or families, except as expressly permitted by the city.

C. Should the applicant or occupant of premises desire additional service or fixtures or apply the water for a purpose not stated in the original application, a new appli-cation shall be made and a permit obtained from the office of the water department.
 
12.02.030 Installation of Services From Main to Meter or Shutoff. 

A. No service connection less than three¬-fourths inch pipe size shall be installed.

B. The installation of all service connections from the main to the property or other location designated by the city, including the construction of a suitable chamber or box for housing a meter and/or shutoff assembly shall be made by the city water department. The charge for inspection and connection shall be set by council resolution.
 
12.02.040 Installation of Separate Service to Each House or Premises.

A. Except as may otherwise be provided in this Chapter, separate service shall be required for each residence, including townhouses, condominiums, planned unit developments and premises. Upon the advance payment of any applicable charges, the city shall install the service(s) from the water main to the property or other location designated by the city.

B. Where water is now supplied through one service to more than one residence, business or premises, the city water department may notify the owner of the necessity to provide separate installation of services from main to meter and that failure to do so within a designated time period shall result in termination of service.

C. If the property owner fails to pay the applicable charges within thirty days after notice, the city shall terminate water services to the property. 


D. The City Engineer may, in the City Engineer’s discretion, determine that separate services are not required for integrated systems serving multiple businesses, planned unit developments, condominiums, shopping centers or multi-family dwellings.
 
12.02.050 Installation of Service Pipes.  Pipes of all sizes, for all purposes, laid from the meter or shut off to the stop and wastecock in the building must be of size and material approved by the most recent edition of the State of Oregon Plumbing Specialty Code. Service pipes shall be so connected and maintained as to provide the ability to locate from within the building to the main in accordance with the specifications of the State Plumbing Official.
 
12.02.060 Water Shutoff Authorized When.  The city reserves the right at any time, without notice, to shut off the water supply for repairs, extensions, nonpayment of charges or any other reason. The city shall not be responsible for any damage, such as bursting of boilers, damage to hot water heaters, the breakage of any pipes or fixtures, stoppage or interruption of water supply or any other dam¬age resulting from the shutting off of the water.
 
12.02.070 Rate Adjustments Due to Leaks.  Where a leak exists on the owner's side of the meter and the same is repaired within ten days after the owner, agent or occupant of the premises has been notified by the water department, an adjustment in the user's bill may be made of up to one-half of the total estimated excess consumption over the last 30 (thirty) days.
 
12.02.080 Meters - Testing.  When any water consumer makes a complaint that the bill for any particular period is excessive, the city water department will, upon request, have such meter reread and the service inspected for leaks. Should such consumer then desire that the meter be tested or changed, a deposit as set by council resolution to cover the cost of making such change or test shall be paid.  The testing deposit will be refunded in the event that testing indicates a metering error exceeding three percent in favor of the city.  Should the meter on test show a reg¬istration in excess of three percent in favor of the city or citizen, the excess registration of the last reading shall be credited or debited to the account.  Except as otherwise provided in this section, all or a portion of the amount deposited may be retained by city to cover the expense of such change or test.
  
12.02.090 Temporary Disconnection - Charges.  Should it be desired by the property owner to discontinue the use of all water supplied to the premises, notice in writing must be filed with the city water department. The water shall then be turned off  upon payment for water utilized to date of turn off.  Where service to any premises has been temporarily discontinued at the request of the user and it is discovered that water use has been resumed without proper notice to the water department, the charge for such use shall be as determined by the water department but shall be not less than the minimum charge for one month nor more than the total charges had there been no discon¬tinuance.
   
12.02.100 Outside Connection Requirements.  No faucets shall be allowed on the outside of any building excepting hose connections, which must be controlled with a separate stop and wastecock. No hose connections for domestic use will be allowed. All water pipes must be extended into the building. Pipes laid for lawn sprinkling systems must be installed so that the system may be properly drained to prevent freezing. Connections for sprinkling systems or for other supply shall be made from the water service pipe on the owner's private property and beyond the build¬ing stop and wastecock and must include an approved State of Oregon backflow prevention device.
 
12.02.110 Fire Protection Pipes Permitted - Conditions.  Fire protection pipes to be used in case of fire will be allowed within and without buildings subject to this section.  When the owner of a building desires, or when the building code calls for a certain size pipe to supply water to a wet or dry sprinkler system without hose connections, such pipe or pipes may be served by a U.L. Approved "Fire Meter" or a detector check or as approved by the City Engineer to include a Oregon State approved backflow device. The owner or owner's agent of such building shall make written application and agree in writing that water supplied through this service will not be used for any purpose except for extinguishing a fire. If at any time it is found that hose connections have been added to the system or that registration is recorded on the meter or detector check, the immediate installation of a meter will be required by the city at the owner's expense.
 
12.02.120 System Under Exclusive Control of City Engineer - Damage Responsibility.

A. All mains, laterals, service connections and other parts of the system are under the exclusive control of the  City Engineer and no person other than the  City Engineer or his designee will be per¬mitted to install any service connection, or to remove, change or tamper with same, or to in any manner interfere with any main, service pipe, meter, or other part of the system, or to connect any private service to the meter, or to disconnect same, or to turn the water on or off at the meter shutoff or curb stop.

B. The City Water Department will maintain all service connections in good order, and will make all necessary re¬pairs and replacements of the city owned meters and other parts thereof, at the expense of the city.  Each user is required to take all due precautions to protect the connection through which he/she is served from damage by freezing, hot water, traffic or tampering, and any damage arising through lack of such precaution shall be charged to the user.

C. It shall be the responsibility of the user to provide pressure re¬ducing valves, backflow devices and/or other protective devices as may be necessary or advisable to protect the water system.

D. No pump or similar mechanical device shall be con¬nected to the water system by consumers for the purpose of withdrawing water from or returning water to the system. This provision shall not apply to regularly constituted fire departments in fighting fires.
 
12.02.130 Connections Between Private and City Water Systems - Discontinuance of Service.  Owners of buildings desiring to use both a city water supply and a supply of water other than that furnished by the city water system may obtain city water at applicable rates upon the follow¬ing conditions and not otherwise.  Under no circumstances shall a physical connection, direct or indirect, exist or be made in any manner, even temporarily, between the city water supply and that of a private water supply or between two services connected to the city water supply.  Where such a connection is found to exist, or where provision is made to connect the two systems by means of a spacer or otherwise, the city water supply shall be shut off from the premises with or without notice.  In case of such discon¬tinuance, service shall not be reestablished until satisfactory proof is furnished that the cross connection has been completely and permanently severed.
 
12.02.140 Use of Fire Hydrants.  It is unlawful for any person to operate, alter, change, remove, disconnect, connect with, or interfere in any manner with any fire hydrant owned or used by the city without first obtaining written permission from the City Engineer.  The provisions of this section shall not apply to the fire department of the city.
 
12.02.150 Water Used for Building Purposes on Meter Basis.  If the owner of any premises or owner's agent has ap¬plied for a permanent metered service and the standard has been installed, water shall be furnished for building pur¬poses at standard rates, to be charged to the user on a monthly basis.
 
12.02.160 Meters - Ownership, Damage and Registration.  All meters of the city water system are the property of the city, and any regular maintenance to said meters shall be made by the city.  If a meter is damaged by hot water or by the carelessness or negligence of the owner or occupant of the premises, the city water department will repair the meter, and the cost of such repairs shall be charged to the user.  When a meter fails to register accurately, the charge for water used shall be either based on the average quantity of water used in a comparable period as shown by the meter when in order, or if there is no such average consumption, then the minimum rate of the city shall apply.  If conditions make reading of the meters impracti¬cable, an estimated reading shall be made by the city during the time such conditions exist.  Estimated readings under other conditions affecting reading of a meter shall be made only on approval of the public works superintendent.
 
12.02.170 Services Outside of City.    

A. Excess water may be served to individual users, companies, or water dis¬tricts outside the city boundaries pursuant to rates, charges, and rules as the council may prescribe, or as outlined under special contracts.  Water served outside the city limits is intended mainly for household and sani¬tary use and is not intended for irrigation.  The city re¬serves the right to limit or prohibit the use of water outside the city limits.  All regulations now or hereafter in effect for users inside the city shall apply to users outside the city except as provided by the council. Service to users outside the city is declared to be subject to the prior and superior rights of the people of the city to such water at all times. The city shall have the right to refuse to sell water when it appears that the best interests of the citizens of the city are served by such refusal, or to refuse to sell water to consumers who do not comply with the requirements of this title.


B. Sales of water outside the city limits shall be expressly conditioned on the city's right to require any consumer, group of consumers, district or dis¬tricts to build and maintain, at their sole expense, storage facilities of sufficient capacity to hold a supply of water equal to the maximum demand of such consumer, group of consumers or district during any period of three days.  The city shall give no less than six months' notice of its intention to demand storage facilities.  On the date named in the notice, each consumer, group of consumers or district shall have storage facilities provided, and shall thereafter operate the same in the manner as the city prescribes.  Order for construction of storage works shall be given when appropriate to safeguard the best interests of the citizens of the city.

C. The city shall not be responsible to users of water outside the city limits for failure of the system to deliver water, either due to operational failure, accident or because of repairs and alterations.

D. The city makes no guarantee or warranty, either express or implied, as the quantity or quality of water that may be delivered.  The city is not responsible for accidental contamination or other reduction in quality.

E. All main lines serving outside city users shall be metered and backflow prevented with an Oregon State approved device.
 
12.02.180 Water Districts and Other Suppliers - Reports and Other Requirements.  All water districts, water compan¬ies, agencies and other parties supplying water fur¬nished by the city to customers outside the limits of the city shall furnish to the city, not later than June 30th of each year, a written description of the area supplied by that distributing agency, together with a report and maps showing all mains and services which then exist.  Such description, report and maps shall be filed with the city.  No increase in services or extensions of mains shall be made by any water district, company or other parties under agreement with the city, unless approval of the City Engineer is first obtained.
 
12.02.190 Billing, Due Dates, Delinquencies and Liens.  Charge for water used shall be computed as frequently as deemed feasible.  Bills shall become due and payable on the first day of the month following the reading of the meter for metered services.  All billing shall become delinquent on the 10th of the month following the billing.  After delinquency, a past due reminder shall be mailed to each account on the first day of the following month. If not paid by the tenth day following the past due reminder, a final delinquent notice shall be sent and the user shall be advised that if payment is not received by the city within five days of the date of the mailing of the notice, then water service will be discontinued without further notice.  A fee shall be charged and collected before the service shall be turned on again.  If the water meter is removed be¬cause of nonpayment of bills, the actual cost of removing and replacing the meter plus ten percent shall be paid in addition to all other charges.
 
12.02.200 Unauthorized Turning On or Off - Penalty.  Should the water be turned on or off by any user, without authority from the city, the water may then be shut off at the main or the meter removed, at the discretion of the water superintendent.  The charge for shutting the water off at the main or removal of the meter shall be the actual cost of the work plus ten percent overhead.  All such charges shall be chargeable to the user of the water supplied, and water shall not again be furnished to such user until all charges are paid.
 
12.02.210 Conservation Requirements - Prohibited Acts.  It shall be the responsibility of the user to conserve water and prevent waste, to preserve an adequate supply for all users and to prevent soil erosion and damage to sidewalks, curbs and streets.  Water used for irrigation shall be applied through approved sprinkling devices.  The waste of water through open hose or open faucets, leaky faucets or flush valves, roof sprinkling, or allowing any water to discharge or flow onto or across any sidewalk, street or alley is unlawful.
 
12.02.220 Adjustments and Refunds.  The City Water Department is authorized to refund to water users, meter deposits, overpayments, deposits on construction in excess of final bill and amounts due on account of adjustments, upon certification by the water department of the amount due.  Any refund due to a billing for water consump¬tion shall be given as a credit on the following month's bill. 
 
12.02.230 Use of Water During Emergency Restricted.  Whenever the mayor finds, on the basis of the water storage reserves, that the amount of water available and the probable use of water or the probable drawing thereon from the city mains makes it necessary to conserve water to protect the citizens and property in the city, the mayor is hereby authorized to declare a water emergency and thereafter prohibit any or all of the following uses:

A. Watering Yards.  The sprinkling, watering or irrigating of shrubbery, trees, lawns, grass, grounds, covers, plants, vines, gardens, vegetables, flowers or any other vegetation;

B. Washing Mobile Equipment.  The washing of automobiles, trucks, trailers, trailer houses, railroad cars or any other type of mobile equipment;

C. Cleaning of Equipment, Machinery or Outdoor Surfaces.  The washing and cleaning of any industrial equipment, machinery, sidewalks, driveways, filling stations, aprons, porches and other outdoor surfaces;

D. Cleaning Buildings.  The washing of the outside of buildings, and this shall include dwellings or accessory building about or upon any premises;

E. Ornamental Fountains.  The operation of any ornamental fountain or other structure making a similar use of water;

F. Swimming Pools.  The filling of any swimming or wading pool.
 
12.02.240 Declaration of Water Emergency.

A. The mayor shall cause each declaration made pursuant to this chapter to be publicly announced by means of radio broadcast from any radio station with its normal operating range covering the city, and may cause such declaration to be further announced in a newspaper of general circulation within the city when feasible.  Each announcement shall describe the action taken by the mayor, including the time it became or will become effective, and shall specify the particular use for which the use of water will be prohibited.

B. Whenever the mayor finds the conditions which gave rise to the water prohibition in effect pursuant to this chapter no longer exist, he/she may declare the prohibition terminated.
  
12.02.250 Cross Connection and Backflow Control Requirements.  Any person utilizing the public water supply shall install a backflow prevention device where:

A. An auxiliary water supply which is or can be connected to any potable water piping is available; or

B. There is piping for conveying liquids or gases other than potable water which is under pressure and is installed or operated in a manner which could cause a cross connection; or

C. There is intricate plumbing which makes it impractical to determine if a cross connection exists; or a domestic service exists; or

D. There is a fire service or irrigation service or a domestic service two inches or larger in size.  Devices shall be required on all domestic services smaller than two inches if the building is more than two stories or higher than thirty -two feet above the water main.

E. There are irrigation service bibs similar to those used for potable water.
 
12.02.260 Cross Connection - Inspection.   The CCC inspector shall be entitled to inspect premises or any water uses for cross connection upon reasonable notice during normal business hours.
 
12.02.270 Cross Connection - Expenses.  All expenses of installation, testing and maintaining the required devices shall be the sole responsibility of the water user.
 
12.02.280 Cross Connection - Installation.  Any device required under this chapter shall be installed and tested within thirty days of the date when the requirement became necessary or upon notification from the city.  Failure to install and test any required device in a timely manner shall result in the termination of water service.
 
12.02.290 Cross Connection - Standards.  All backflow prevention devices shall meet the standards or OAR, Chapter 333, Rule 61-070, Section 8 as amended and shall be installed pursuant to city specifications.
 
 
12.02.300 Cross Connection - Failure of Device.  If after installation, any cross connection control device fails any test prescribed by the city, water service shall be discontinued until the device passes the required tests.
 
12.02.310 Cross Connection - Testing.

A. The owner of any backflow prevention device shall:
1. Have the device tested within ten days of installation and annually thereafter;
2. Forward a copy of the initial test results and all test results thereafter;
3. Register all devices with the city.  Registration shall consist of size, make, mode, serial number, location and date of installation of the device.

B. If the city fails to receive the annual test report within thirty days of due date, the city shall proceed to test the device and charge the water user in the following bill.

C. All testing shall be done by a state certified backflow prevention  device tester.

D. When a serious health hazard exists, the city may require more frequent testing.
 
12.02.320 Cross Connection - New Buildings.  The owner or builder of any new building, other than a single-family dwelling, or irrigation system shall submit a copy of the piping plans for review by the cross connection control inspector.  If such plans are not so submitted, water service shall be denied until an on-site inspection can be made.
 
12.02.330 Cross connection – Pre-1988 Devices.  Any backflow prevention device installed before October, 1988, which was approved at the time of installation, but is not on the current approved list maintained by the State Health Division may remain in service if:

A. The device is commensurate to the degree of hazard; and

B. The device is properly maintained; and

C. The device is tested at least annually and performs to satisfaction; and

D. The device requires only minimum maintenance.  
 
12.02.340 Cross Connection - Authority for Interpretation of Devices, Rules and Specifications.  The City Engineer shall provide the binding interpretation as to the adequacy of each device, rule or specification. 

 

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CHAPTER 12.03 WASTEWATER SERVICES

Legislative History: Ord. 1917 (2006); Ord. 1956 (2008)

Sections:
12.03.010 Permits required--Application requirements
12.03.020 Installation of separate service to each house or premises
12.03.030 Installation of service pipes
12.03.040 Backwater Prevention
12.03.050 Water shutoff authorized when
12.03.060 Temporary disconnection--Charges
12.03.070 System under exclusive control of City Engineer--Damage responsibility
12.03.080 Access to premises for inspection
12.03.090 Services outside of city
12.03.100 Billing, due dates, delinquencies and liens
12.03.110 Adjustments and refunds
12.03.120 Wastewater Service Charges
12.03.130 Lateral service and trunk line costs
12.03.140 Industrial waste and pretreatment charges
12.03.150 Unlawful discharge
12.03.160 On-Site Disposal
12.03.170 Installation Required
12.03.180 Use of Existing Building Wastewater Services
12.03.190 Discharge of Stormwater
12.03.200 Prohibited Discharge
12.03.210 City's Authority
12.03.220 Interceptors
12.03.230 Special Agreements
12.03.240 Plan Approval
12.03.250 Flow Measurement and Sampling Facilities
12.03.260 Waste Charges
12.03.270 Inspection
12.03.280 BOD Computation
12.03.290 Measurement and Sampling Devices
12.03.300 Connection of Private Systems
12.03.310 Dumping into wastewater system--Supervision required--Regulations generally
12.03.320 Permission required for dumping
12.03.330 Dumping charges

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12.03.010 Permits Required - Application Requirements.  It is unlawful for any person to utilize the city waste water system without a permit.  Applications for permits to con¬nect to the city wastewater system shall be made in writing, and signed by the owner or authorized agent of the real property to be served.  The applicant, as a condition precedent to wastewater service, shall agree to conform to all city ordinances and regulations concerning the use the system.
12.03.020 Installation of Separate Service to Each House or Premises.

A. Each property owner shall install a separate service from the wastewater main to the property or other location designated by the city.

B. Where wastewater is now serviced through one service to more than one residence, business or premises, the city water department shall notify the owner of the necessity to separate the service at the owner's expense.  Failure to comply with this section shall result in turn off of water service.

C. The city engineer may determine that separate services are not required for integrated systems serving multiple businesses, planned unit developments, condominiums or shopping centers.
 
12.03.030 Installation of Service Pipes.  Pipes of all sizes, for all purposes, laid from the main to the building must be of size and material approved by the most recent edition of the State of Oregon Plumbing Specialty Code. Service pipes shall be so connected and maintained as to provide the ability to locate from within the building to the main in accordance with the specifications of the Plumbing Official.
 
12.03.040 Backwater Prevention.

A. “Backwater protection” means a backwater valve, ejector or pump system, or relief valve or a combination of two (2) or more of these devices that is approved under the Oregon Plumbing Specialty Code and intended to prevent wastewater from backflowing into a structure.
 
B. A backwater valve shall be installed when required by the Oregon Specialty Code.  If approved by the Oregon Department of Business and Consumer Services, a backwater valve shall be installed when the lowest floor level of a structure to be connected to the city wastewater system is below a point which is 12 inches above the top of the nearest upstream manhole or cleanout structure.  Backwater protection shall otherwise be installed when required by the Oregon Plumbing Specialty Code.  Installation of required backwater protection shall be a condition of approval for any building permit.

C. Property owners are responsible for ensuring that backwater protection is properly maintained and functioning at all times. Backwater protection is subject to inspection by the city at any reasonable time, and failure to properly install and maintain this protection may result in suspension of sewer service by disconnection of water service until the requirements for backwater protection are met.

D. Any installation of backwater protection or modification to any sewer shall be performed and inspected under the requirements of Titles 12 and 15 and established city procedures. 

E. The City Engineer shall establish a Backwater Protection Program pursuant to which property owners are encouraged to comply with this section and pursuant to which a property owner may be compensated by the city in part or in full for compliance with this section.  The amount of compensation, if any, is set by resolution of the City Council.  The Backwater Protection Program shall provide for a waiver of the requirements of this section if the following criteria are met:
1. The property owner agrees to indemnify and hold the city harmless from any damages resulting from wastewater flooding;
2. Backwater protection is not required by the Plumbing Code; and
3. The property owner records a written copy of the waiver with Hood River County with the property title.

 F. Prior to the sale or exchange of any structure used for residential purposes, the selling property owner shall disclose to the person acquiring the structure whether the structure complies with the requirements of this section.  The selling property owner shall provide the disclosure to the buyer or grantee prior to the close of the transaction.

G. The city will not incur any liability or responsibility for damage resulting from a wastewater overflow where the property owner or other person has failed to install and maintain backwater protection as required by this section. 
 
12.03.050 Temporary Disconnection - Charges.  Should it be desired by the property owner to discontinue the use of all wastewater service supplied to the premises, notice in writing must be filed with the city water department.
 
12.03.060 System Under Exclusive Control of City Engineer - Damage Responsibility.

A. All mains, laterals, service connections and other parts of the system are under the exclusive control of the City Engineer and no person other than the City Engineer or his designee will be per¬mitted to install any service connection, or to remove, change or tamper with same, or to in any manner interfere with any main, service pipe, meter, or other part of the system, or to connect any private service, or to disconnect same. 

B. The owner will maintain all service connections in good order, and will make all necessary re¬pairs and replacements of the service lateral and other parts thereof. Each user is required to take all due precautions to protect the connection through which he/she is served from damage by freezing, hot water, traffic or tampering, and any damage arising through lack of such precaution shall be charged to the user.
12.03.070 Access to Premises for Inspection.  Em¬ployees of the city shall have free access, at reasonable times, to all parts of buildings and premises for the purpose of inspecting the condition of the pipes and fixtures and the manner in which the wastewater is being delivered.
 
12.03.080 Services Outside of City.  Wastewater may be serviced for individual users, companies, or wastewater dis¬tricts outside the city boundaries pursuant to rates, charges, and rules as the council may prescribe, or as outlined under special contracts.  The city reserves the right to limit or prohibit the use of the wastewater system outside the city limits and shall review all proposed connections for consistency with the City of Hood River Comprehensive Plan.  All regulations now or hereafter in effect for users inside the city shall apply to users outside the city except as provided by the council. Service to users outside the city is declared to be subject to the prior and superior rights of the people of the city to such wastewater system at all times. The city shall have the right to refuse to accept wastewater when it appears that the best interests of the citizens of the city are served by such refusal, or to refuse to accept wastewater to consumers who do not comply with the requirements of this title.
 
12.03.090 Billing, Due Dates, Delinquencies and Liens.  Charge for wastewater service shall be computed as frequently as deemed feasible.  Bills shall become due and payable on the first day of the month following the reading of the water meter for metered services.  All billing shall become delinquent on the 10th of the month following the billing.  After delinquency, a past due reminder shall be mailed to each account on the first day of the following month. If not paid by the tenth day following the past due reminder, a final delinquent notice shall be sent; if no payment is made within five days of the date of mailing the final delinquent notice, service may be discontinued without further notice.  A fee shall be charged and collected before the service shall be turned on again.  Any unpaid charges for wastewater service or fees may be assessed as a lien against real property served by the wastewater system as provided in ORS.
 
12.03.100 Adjustments and Refunds.  The city water department is authorized to refund to wastewater system users, deposits, overpayments, deposits on construction in excess of final bill and amounts due on account of adjustments, upon certification by the water department of the amount due.  Any refund due to a billing for wastewater system use shall be given as a credit on the following month's bill. 

12.03.110 Wastewater Service Charges.   All users of the city wastewater system and of the city water system, both within the city and outside of the city (excluding Ice Fountain Water District and the water transmission line), shall pay equitable charges for wastewater services including operation, maintenance, rehabilitation, repair and replacement of wastewater facilities.  All wastewater service charges shall be added to the water bills of all accounts billed directly by city to water users.  City water may be turned off for failure to pay wastewater service charges.  In the event of water turn-off for failure to pay water or wastewater charges, the water shall not again be furnished to that person or entity to whom water or wastewater service had been previously provided and for which any water or wastewater service charges remain outstanding, until all charges and a turn-on fee as set by council resolution has been paid in full or satisfactory arrangements have been made to pay in full.  All users of the city wastewater system shall pay wastewater service charges.
 
12.03.120 Lateral Service and Trunk Line Costs.  In addition to paying the system development charge established by resolution of the council, the user shall pay the full cost and perform all work to extend the lateral service from the wastewater main to the right-of-way including the inspection thereof by the City Engineer.
 
12.03.130 Industrial Waste and Pretreatment Charges.  Notwithstanding the provisions of this title, if wastewater is composed of industrial chemicals or other substances requiring special or extraordinary treatment in the opinion of the City Engineer, the City Engineer is authorized to require pretreatment and require additional wastewater charges.
 
12.03.140 Unlawful Discharge.  No person shall discharge to a natural outlet within the city, any wastewater or other polluted waters, except where suitable treatment has been provided in accordance with provisions of this title.
 
12.03.150 On-Site Disposal..  Except as permitted by this title, no person shall construct or maintain a privy, privy vault, septic tank, cesspool, or other facility intended or used for the disposal of wastewater.
 
12.03.160 Installation Required.  The owner of all houses, buildings, or properties used for human occupancy, employment, recreation, or other purposes, abutting on any street, alley, or right-of-way in which there is now located or may in the future be located a public  wastewater system, is required at owner's expense to install suitable facilities, and to connect such facilities directly with the proper public wastewater system in accordance with the provisions of this title, within 90 days after date of notice to do so, provided that the public wastewater system is within 300 feet of the property line or when a health hazard has been declared by the City Engineer.  Pumping of such wastewater is not a valid reason for not making a connection.
 
12.03.170 Use of Existing Building Wastewater Services.  Old building wastewater services no longer in use may be used in connection with new buildings only if they are found to meet all requirements of this title.  The final authority to make this determination shall rest with the City Engineer.
 
12.03.180 Discharge of Stormwater.  No person shall discharge or cause to be discharged any storm water, surface water, groundwater, roof runoff, subsurface drainage, uncontaminated cooling water, or unpolluted industrial process waters to the city wastewater system unless directed to do so by the City Engineer.
 
12.03.190 Prohibited Discharge.  No person shall discharge or cause to be discharged any of the following described waters or wastes to the wastewater system or storm drainage system:


A. Gasoline, benzene, naphtha, fuel oil, or other flammable or explosive liquid, solids, or gas.

B. Waters or wastes which contain toxic or poisonous solids, liquids, or gases in sufficient quantity, either singly or by interaction with other wastes, to injure or interfere with any sewage treatment process, constitute a hazard to humans or animals, create a public nuisance, or create any hazard in the receiving waters of the sewage treatment plant, including, but not limited to, cyanides in excess of two mg/l as CN in the wastes as discharged to the wastewater system.

C. Waters or wastes which have a pH lower than 5.5 or any other corrosive property capable of causing damage or hazard to structures, equipment or personnel of the wastewater system.

D. Solid or viscous substances in quantities or of a size capable of causing obstruction to the flow in wastewater systems or other interference with the proper operation of the wastewater system, such as, but not limited to, grease, ashes, cinders, sand, mud, straw, shavings, metal, 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.

E. Any discharge prohibited by State or Federal law.
 
12.03.200 City's Authority.

A. If waters or wastes that contain the substances or possess the characteristics enumerated in Section 12.03.280 are discharged or are proposed to be discharged into the city wastewater system or storm drain, and, in the judgment of the City Engineer or Wastewater Collection Officer, the waters or wastes may have a deleterious effect upon the wastewater system, processes, equipment, or receiving waters, or create a hazard to life or constitute a public nuisance, the Wastewater Collection Officer or City Engineer may:
1. Reject the wastes; 
2. Require pretreatment to an acceptable condition for discharge into the wastewater system;
3. Require control over the quantities and rates of discharge; and
4. Require payment to cover the added cost of handling and treating the wastes and   pre-treatment as per Section 12.03.170.

B. If the pretreatment or equalization of waste flows is permitted, the design and installation of the plants and equipment shall be subject to the review and approval of the City Engineer and subject to the requirements of all applicable codes, ordinances, and laws.


C. If preliminary treatment or flow-equalizing facilities are provided for waters or wastes, they shall be maintained continuously in satisfactory and effective operation at owner's expense.
 
12.03.210 Interceptors.  

A. Grease, oil, and sand interceptors shall be provided when required by State or Federal law, or, in the opinion of the City Engineer, they are necessary for the proper handling of liquid wastes containing grease in excessive amounts, or any flammable wastes, sand, or other harmful substances.

B. All interceptors shall be of a type and capacity as customarily necessary for such collections and approved by the City Engineer and shall be easily accessible for cleaning, inspection and sampling.
 
12.03.220 Special Agreements.  The city may, when recommended by the City Engineer and approved by the City Manager, enter into an equitable agreement with an industrial or commercial concern whereby an industrial waste of unusual strength or character may be accepted by the city for treatment, subject to payment for the service.
 
12.03.230 Plan Approval.  Plans, specifications, and other pertinent information relating to proposed pretreatment or processing facilities shall be submitted for approval to the City Engineer prior to the start of construction if the effluent from the facilities is to be discharged into the city wastewater system or if the industry is located within the city service area.
 
12.03.240 Flow Measurement and Sampling Facilities.  A person discharging wastes into the city wastewater system with a daily total in excess of 750 pounds or more of either BOD or suspended solids shall, at the option of the City Engineer, be required within six months after notification, to construct and maintain approved automatic flow measurements, sampling, and sample storage facilities for all waste entering the wastewater system.  These facilities shall, when required by the City Engineer, be used to obtain flow, BOD, FOG and suspended solids data for use as a basis for industrial wastewater service charges.
 
12.03.250 Waste Charges.  The volume of flow used for computing wastewater charges shall be based upon the metered water consumption as shown in the records of meter readings maintained by the city.  If the person discharging wastes into the wastewater system procures any part, or all, of his/her water from sources other than the city water department, all or a part of which is discharged into the city wastewater system, the person shall install and maintain at his/her expense water meters of a type approved by the City Engineer for the purpose of determining the volume of water obtained from the other sources.  Residential irrigation use shall be taken into account in the development of wastewater charges.
 
 
12.03.260 Inspection.    

A. Discharges into the city system shall be subject to periodic inspection sampling and an analysis of character and concentration of discharge.  The inspection sampling and analysis shall be made as often as deemed necessary by the City Engineer.

B. When automatic flow measurement and sampling facilities are not required under this title, the samples shall be representative of the composition of the discharge.  The sampling may be accomplished either manually or by the use of mechanical equipment, provided that the process and equipment used is acceptable to the City Engineer. 

C. Proper sampling locations shall be provided by the owner and access to the sampling locations shall be granted to the City Engineer at any reasonable time, upon request.
 
12.03.270 BOD Computation.  BOD and suspended solids in pounds per day loading shall be computed by multiplying the metered water flow or measured waste discharge in million gallons per day by the constant 8.345 and multiplying this product by the average daily concentration of BOD and suspended solids in milligrams per liter.
 
12.03.280 Measurement and Sampling Devices.    

A. All automatic flow measurement and sampling devices, access facilities, and related equipment shall be installed by the person discharging the waste, at his/her expense, and shall be maintained in safe operating condition at all times, and readily accessible to the City Engineer at any reasonable time.

B. The flow measurement device can be any type of device providing accurate and continuous flow indication and approved by the City Engineer.  Pump timers or other indirect measurement devices will not be acceptable.

C. The flow measurement device shall be suitable for indicating and totaling the flow through the device provided above with an error not exceeding plus or minus five percent.  The instrument may be equipped with a set of electrical contacts arranged to momentarily close a circuit to energize a process timer and sampling device for every fixed quantity of flow.  Other control variations will be acceptable if it can be demonstrated that the sampling procedure will result in a waste sample which is proportional to and representative of the waste flow.  The length of operation of the sampling device shall be dependent on the type of sampling arrangement used, but in no case shall the daily collected sample be less than two quarts in volume.

D. The method of sampling used can be by any means approved by the City Engineer.  All samples must be continuously refrigerated at a temperature of 30 degrees F, plus or minus five degrees.

E. The flow measurement and sampling station shall be located and constructed in a manner acceptable to the City Engineer. Complete plans on all phases of the proposed installation, including all equipment proposed for use, shall be submitted to the City Engineer for approval prior to construction.

F. Any person discharging waste shall keep flow records as required by the City Engineer and shall provide qualified personnel to properly maintain and operate the facilities.

G. The waste samples will be collected and tests performed by the City Engineer.
 
12.03.290 Connection of Private Systems.  City may allow connection of private wastewater systems and pumping stations to the city system providing that the system meets all requirements of the city engineer.
 
12.03.300 Dumping into Wastewater System - Supervision Required - Regulations Generally.  The dumping of any septic tank waste into the city wastewater system may only be done under the control and supervision of the City of Hood River at a point designated by the superintendent, subject to the provisions of this title.
 
12.03.310 Permission Required for Dumping.  Permission shall be obtained from the City Engineer prior to any dumping or discharge of any kind into the wastewater system.  Compliance with the provisions of 12.03.280 shall be required when dumping.
 
12.03.320 Dumping Charges.  Dumping charges and method of payment shall be set by council resolution.

 

 

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CHAPTER 12.04 - STORM WATER

Sections:
12.04.010 Stormwater—definitions
12.04.020 Permits required; application requirements
12.04.030 Stormwater connection required
12.04.040 Installation of separate service to each parcel under separate ownership
12.04.050 Installation of service pipes
12.04.060 Stormwater detention
12.04.070 Discharge of stormwater
12.04.080 Prohibited discharge
12.04.090 System under exclusive control of City Engineer; damage responsibility
12.04.100 Service charges established
12.04.110 Service charge components
12.04.120 Interim service charge
12.04.130 Exemptions
12.04.140 Adjustment of service charge
12.04.150 Service charge credit
12.04.160 Minimum service charge
12.04.170 Appeal of denial of adjustment or credit request

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12.04.010 Stormwater - Definitions.   For purposes of this Chapter, the following words and phrases have the following meanings, unless the context requires otherwise.

Dwelling Unit.  The single unit or apartment providing complete, independent living facilities for one or more persons, including permanent provisions for living, sleeping, eating, cooking, and sanitation.

Equivalent Residential Unit (ERU).  The median average of impervious surface area of a dwelling unit which is estimated to place approximately equal demand on the public stormwater system facilities.  One (1) ERU is equal to two thousand five hundred (2,500) square feet of impervious surface area.

Impervious Surface.  Those surfaces which either prevent or retard saturation of water into the land surface and cause water to run off the land in greater quantities or at an increased rate of flow from that present under natural conditions pre-existent to development.  Examples of impervious surfaces include, but are not limited to, rooftops, concrete or asphalt sidewalks, walkways, patio areas, driveways, parking lots or storage areas, and gravel oil, macadam or other surfaces which similarly impact the natural saturation or runoff patterns which existed prior to development.

Impervious Surface Area.  The number of square feet of horizontal surface covered by buildings or other impervious surfaces.  All building measurements shall be made between exterior faces of walls, foundations, columns, or other means of support or enclosure.


Operating Budget.  The annual Stormwater System budget adopted by the City for the succeeding fiscal year.

Single Family Unit (SFU).  A single family dwelling as defined Title 17.  A SFU is presumed to have 2,500 square feet of impervious surface area for purposes of this ordinance.  The term SFU is inclusive of those units identified as detached single-family residences, unit ownerships, etc.

Stormwater Management. The planning, design, construction, regulation, improvement, repair, maintenance, and operation of facilities and programs relating to water, flood control, grading erosion, tree conservation, and sediment control.

Stormwater Management Fund or Fund.  The fund maintained by the City to operate, maintain, and improve the stormwater system.

12.04.020 Permits Required - Application Requirements. 

A. It is unlawful for any person to discharge stormwater into the stormwater system unless permission has been first obtained in writing from the City.  Applications for permits to con¬nect to the city stormwater system shall be made in writing, and signed by the owner or authorized agent of the real property to be served.  The applicant, as a condition precedent to connection to the stormwater service, agrees to conform to all City titles and regulations concerning the use of the service.

B. The applicant shall pay to the City the estimated cost of the inspection and System Development Charges, as applicable, before connection is made.  Connection is made by the applicant.

12.04.030 Stormwater Connection Required. 

A. All owners of property adjacent to a stormwater system shall cause unpolluted water to be discharged into the stormwater system not later than 90 days after receipt of a written notice from the City Engineer that a connection to the stormwater system is required. Property is considered adjacent to the stormwater system when located within 300 feet.
 
B. Connection may be defined by a physical attachment to a storm drainage pipe or by a discharge to a gutter, open drainage way or other access to the system.


12.04.040 Installation of Separate Service to Each Parcel Under Separate Ownership.  

A. Except as may otherwise be provided in this Chapter, separate connection is required for each parcel under separate ownership. 

B. Where stormwater service is now supplied through one service to more than one parcel under separate ownership, the City Engineer may notify the owner of the necessity to provide separate installation of services and that failure to do so within a designated time period shall result in termination of service or the imposition of penalties.
 
C. The City Engineer may, in the City Engineer’s discretion, determine that separate services are not required for integrated systems serving multiple businesses, planned unit developments, condominiums, shopping centers or multi-family dwellings.


12.04.050 Installation of Service Pipes. 

A. Pipes from the premises and connections to the stormwater system must be of size and material approved by the most recent edition of the State of Oregon Plumbing Specialty Code. Service pipes shall be so connected and maintained as to provide the ability to locate from within the building to the main in accordance with the specifications of the State Plumbing Official.
 
B. The property owner shall be responsible for the installation and maintenance of piping, plumbing, and equipment on the owner's premises connected to the stormwater system.  The city shall not be liable for loss or damage of any nature, caused by any defect in the property owner's piping, plumbing, or equipment.
 

12.04.060 Stormwater Detention.  Development in the City limits or within the Urban Growth Boundary may require detention systems.  Detention systems shall be designed by a professional, registered engineer and comply with all requirements of the City Engineer.
 
12.04.070 Discharge of Stormwater. 

A. When connection to the stormwater system is required, stormwater and all other unpolluted drainage must be discharged into the stormwater system or to a natural outlet approved by the City Engineer.
B. Industrial cooling water or unpolluted process waters may be discharged, on approval of the City Engineer, to the stormwater system or natural outlet.

12.04.080 Prohibited Discharge.  No person shall discharge or cause to be discharged any garbage, industrial waste or sewage or any of the following described waters or wastes into the stormwater system:

A. Gasoline, benzene, naphtha, fuel oil, or other flammable or explosive liquid, solids, or gas.

B. Waters or wastes which contain toxic or poisonous solids, liquids, or gases in sufficient quantity, either singly or by interaction with other wastes, to injure or interfere with any sewage treatment process, constitute a hazard to humans or animals, create a public nuisance, or create any hazard in the receiving waters of the sewage treatment plant, including, but not limited to, cyanides in excess of two mg/l as CN in the wastes as discharged to the wastewater system.


C. Waters or wastes which have a pH lower than 5.5 or any other corrosive property capable of causing damage or hazard to structures, equipment or personnel of the wastewater system.

D. Solid or viscous substances in quantities or of a size capable of causing obstruction to the flow in wastewater systems or other interference with the proper operation of the wastewater system, such as, but not limited to, grease, ashes, cinders, sand, mud, straw, shavings, metal, 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.

E. Any discharge prohibited by State or Federal law into the stormwater system.

12.04.090 System Under Exclusive Control of City Engineer; Damage Responsibility. 

A. The City is not liable or responsible to the property owner or any person or persons claiming by or through the owner for loss or damage related to or arising from an interruption in the service provided by the stormwater system or for loss or damage due to accident, breakdown, washout, or other causes.

B. All mains, laterals, service connections and other parts of the system are under the exclusive control of the  City Engineer and no person other than the City Engineer will be per¬mitted to in any manner interfere with any main, service pipe, or other part of the system, or to connect or disconnect from the system.

12.04.100 Service Charges Established.

A. All users of the stormwater system shall pay stormwater service charges for use of the stormwater system, whether or not a permit is obtained. 
B. Stormwater system service charges will be added to the water and/or sewer bills of accounts billed directly by the City to water and/or sewer users.
C. The service charges are established by resolution of the City Council.  The service charges shall:
1. Apportion, on a reasonable basis, the benefit given, which may be measured directly;
2. Distribute proportionately to all classifications of users in the City the costs of design, construction, maintenance and overall operation of the stormwater system.  For purposes of this provision, all classifications of users are considered to enjoy direct and indirect benefits of an improved and well-maintained system;
3. Adequately cover the Operating Budget.

12.04.110 Service Charge Components.

A. Service charges for the stormwater system may be based on the ERU or any other component from which an equitable and reasonable service charge may be computed.   

12.04.120 Interim Service Charge. 

A. Pending the adoption of a permanent service charge schedule, an interim service charge is adopted to assist in funding the stormwater system pending the completion and adoption of a stormwater rate study.  The study will be completed within 18 months of the implementation of the interim fee schedule.  No refunds or credits will be made if the final service charge adopted is greater than the interim service charge.
B. The interim service charge is as follows: 
Water Meter Size, inches  Monthly Interim Rate, $
¾        2.50
1       12.00
1 ¼      21.00
1 ½      23.00
2       40.00
3       80.00
4 and over    125.00 

12.04.130 Exemptions. 

A. The Council finds that all real property in the City contributes to runoff and either uses or benefits from the stormwater system.  Therefore, except as otherwise provided in this section, all users of the stormwater system in the City shall pay the service charge established under this chapter for use of the system.
B. A stormwater system user is not required to pay the service charge if the user demonstrates to the satisfaction of the City Engineer, in their sole discretion, that the user does not discharge stormwater to the system during the 100 year, 24-hour design storm event as defined by the State of Oregon.  All costs associated with proving this exemption will be borne by the user.
C. Where the City is the user or stormwater customer, there shall be no service charge payable. 
D. Undeveloped property.  Property is considered undeveloped if there are no structures on the property and no impermeable surfaces.

12.04.140 Adjustment of Service Charge. 

A. Users may request an adjustment of the service charge from the City Engineer.  Adjustments will be based on the amount of impervious surface area on the parcel.  All requests for an adjustment must be made in writing by the user and must describe in detail the circumstances upon which the adjustment is requested.  Adjustment requests will be reviewed by the City Engineer within a two (2) month period from the date of the filing of the adjustment request.  Adjustments resulting from requests made during the first fiscal year in which the service charge applies will be retroactive to the first month in which the service charge was applied, but not to exceed twelve (12) months.
B. The user requesting the adjustment may be required, at the user’s sole expense, to provide supplemental information to the City Engineer including, but not limited to, survey data approved by a registered professional land surveyor (RPLS) and engineering reports approved by a professional engineer (PE), and any other data the user will need to support the request.  Failure to provide such information may result in denial of the adjustment request.
C. The City Engineer’s approval or denial of the adjustment will be in writing and may be appealed under Section 12.04.170.

12.04.150 Service Charge Credit.

A. The City recognizes that some users subject to the service charge have constructed, operated and maintained, or desire to construct, operate and maintain stormwater management facilities that can reduce stormwater runoff impacts.  Stormwater management facilities that do reduce stormwater runoff impacts may qualify for an onsite stormwater facility credit if there is no stormwater discharge into the stormwater system during the 100-year, 24-hour design storm event as defined by the State of Oregon and the stormwater management facilities have been permitted by the State or Oregon and/or approved by the City Engineer.
B. Application for an onsite stormwater management facilities credit shall be submitted by the user to the City Engineer, in writing, complete with all requested information and supporting documentation.  The user shall provide, at the user’s sole expense, proof that the stormwater facilities meet the requirements of subsection (A) and provide stormwater quality treatment equivalent to that provided by the City’s stormwater system.  The City Engineer may also require survey data approved by a RPLS and an engineering reports approved by a PE.  Failure to provide such information may result in the denial of the credit application.
C. If the credit is approved, the user receiving the credit must demonstrate to the City Engineer on or before every third year anniversary of the credit approval that the qualifying stormwater facilities are operating properly and being maintained according to standard practices.  The demonstration shall include, at a minimum, photographs of the subject stormwater facilities during the year prior and a signed affidavit that the facilities have been operating properly and maintained according to standard practices.  If the City Engineer determines that the user has failed to provide proof that the onsite facilities were working for the three (3) year period, prior, the City Engineer will notify the user in writing and the user will pay a penalty equal to the service charge that would have been due for the 12 months preceding the loss of the credit.
D. Credits to the Fee shall be retroactive to the date of the filing of the credit application and will be applied against future fee collections, beginning in the month following approval of the credit.  The City Engineer will approve or deny the credit in writing.  Denials of credit applications may be appealed to the City Manager in accordance with Section 12.04.170.

12.04.160 Minimum Service Charge.  Notwithstanding any adjustments under Sections 12.04.140 and 12.04.150 above, the minimum stormwater service charge assigned will be at the rate set by resolution of the City Council, unless the property is exempt or unless there is no impervious surface area, in which cases no service charge is payable.

12.04.170 Appeal of Denial of Adjustment or Credit Request.

A. Within thirty (30) days of the date of the City Engineer’s written denial of a an adjustment or credit request under Sections 12.04.140 and 12.04.150 above, the applicant may appeal the denial to the City Manager.  The appeal shall be in writing stating with specificity the grounds for the appeal, why the request should not have been denied, and shall include a copy of the original request, supporting documents, and City Engineer’s written denial.
B. Within thirty (30) days of the date the appeal is filed with the City Manager, the City Manager will issue a written decision upholding, reversing or modifying the City Engineer’s decision and explaining the reasons for the City Manager’s decision.
C. The City Manager’s decision is the final and may not be appealed to Council.

CHAPTER 12.05  -  UNDERGROUND UTILITIES

12.05.010 Expense of Conversion to Underground Utilities.  All water, gas, wastewater pipes and electrical lines or wires, including communications and cable television, shall be placed underground at the owner's expense:

A. In any new residential construction as feasible;

B. In any new construction containing three or more living units in any one structure or group housing develop¬ment. 

C. Any remodeling of an existing structure which shall have as a result thereof three or more living units in any one structure. 

D. In any remodeling of a now existing structure contain¬ing three or more living units, when the cost of remodeling is more than 50% of the real market value of the structure prior to the remodeling. 

E. In any new commercial or industrial development or existing commercial or industrial development undergoing remodeling when the cost of such is more than 50% of the assessed real market value of the structure prior to remodeling. 

For purposes of this Section 12.05.010, all costs incurred for improvement of the property in the preceding two years shall be included in determining the cost of remodeling. 
 
12.05.020 Construction Standards.  All underground facilities shall be constructed in compliance with the standards of the applicable utility, the rules and regula¬tions of the City Engineer, the rules and regulations of the Public Utility Commissioner of Oregon, and the laws of the state relating to the installation and safety of underground lines, plant systems, equipment and apparatus.

A. The affected utility may elect, if approved by the City Engineer, to connect underground service to feed from an existing overhead pole until such time as the affected area or portion thereof is converted to underground service. 


12.05.030 Permit - Required Plans.  Except with respect to residential structures containing three or fewer living units in any one structure, no building permit shall be issued for the construction of any new buildings or structure or for the remodeling of any existing building or structure, the estimated cost of which remodeling exceeds 50% of its real market value prior to remodeling unless the application contains plans for and the applicant agrees to construct equipment and related facilities to accept and receive all lines which will serve the building or structure, including those required for all electric, power, communication and cable television services, from an underground type of service. In determining the costs of remodeling, all costs incurred for improvement of the property in the preceding two years shall be included. 
 
12.05.040 Residential Remodels.

A. Except as provided in (B) below, any remodel of an existing structure containing three or fewer living units which includes the installation or major altera¬tion in the existing communication, cable television, elec¬tric service and/or power service entrance shall provide for the receiving of the service to the service entrance from an underground facility to be maintained in a street area by the affected utility. 

B. The affected property owner may elect, if approved by the City Engineer, not to provide for the receiving of service as provided in subsection 12.05.040(A) above.  If the property owner so elects, the property owner shall execute an agreement to comply with the requirements of subsection 12.05.040(A) at such time as the affected area or portion thereof is converted to underground service. 
 

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CHAPTER 12.06 - UNIFORM REQUIREMENTS FOR THE USERS OF THE CITY -OWNED TREATMENT WORKS REGARDING PRETREATMENT OF WASTEWATER (Ord. 1732, 1996)

12.06.010 - General Provisions

(1)Purpose and Policy
(2)Administration
(3)Abbreviations
(4)Definitions

12.06.020 General Sewer Use Requirements

(1) Prohibited Discharge Standards
(2) National Categorical Pretreatment Standards
(3) State Pretreatment Standards
(4) Local Limits
(5) City's Right of Revision
(6) Dilution
(7) Application of Most Stringent Limitations
(8) Deadline for Compliance with Categorical Standards

12.06.030 Pretreatment Of Wastewater

(1) Pretreatment Facilities
(2) Additional Pretreatment Measures
(3) Accidental Discharge/Slug Control Plans
(4) Hauled Wastewater

12.06.040 Wastewater Discharge Permit Application

(1) Wastewater Analysis
(2) Wastewater Discharge Permit Requirement
(3) Wastewater Discharge Permitting: Existing Connections
(4) Wastewater Discharge Permitting: New Connections
(5) Wastewater Discharge Permit Application Contents
(6) Application Signatories and Certification
(7) Wastewater Discharge Permit Decisions

12.06.050 Wastewater Discharge Permit Issuance Process

(1) Wastewater Discharge Permit Duration
(2) Wastewater Discharge Permit Contents
(3) Wastewater Discharge Permit Appeals
(4) Wastewater Discharge Permit Modification
(5) Wastewater Discharge Permit Transfer
(6) Wastewater Discharge Permit Revocation
(7) Wastewater Discharge Permit Reissuance
(8) Regulation of Waste Received from Other Jurisdictions

12.06.060 Reporting Requirements

(1) Baseline Monitoring Reports
(2) Compliance Schedule Progress Reports
(3) Reports on Compliance with Categorical Pretreatment Standard Deadline
(4) Periodic Compliance Reports
(5) Reports of Changed Conditions
(6) Reports of Potential Problems
(7) Reports from Unpermitted Users
(8) Notice of Violation/Repeat Sampling and Reporting
(9) Notification of the Discharge of Hazardous Waste
(10) Analytical Requirements
(11) Sample Collection
(12) Timing
(13) Record Keeping

12.06.070 Compliance Monitoring

(1) Right of Entry: Inspection and Sampling
(2) Search Warrants

12.06.080 Confidential Information

12.06.090 Publication Of Users In Significant Noncompliance

12.06.100 Administrative Enforcement Remedies

(1) Notification of Violation
(2) Consent Orders
(3) Show Cause Hearing
(4) Compliance Orders
(5) Cease and Desist Orders
(6) Administrative Fines
(7) Emergency Suspensions
(8) Termination of Discharge

12.06.110 Judicial Enforcement Remedies

(1) Injunctive Relief
(2) Civil Penalties
(3) Criminal Prosecution
(4) Remedies Nonexclusive

12.06.120 Supplemental Enforcement Action

(1) Performance Bonds
(2) Liability Insurance
(3) Water Supply Severance

12.06.130 Affirmative Defenses To Discharge Violations

(1) Upset
(2) Prohibited Discharge Standards
(3) Bypass

12.06.140 Miscellaneous Provisions

(1) Pretreatment Charges and Fees
(2) Severability

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12.06.010 – General Provisions

(1) Purpose and Policy. This ordinance sets forth uniform requirements for users of the Publicly Owned Treatment Works (POTW) for the City of Hood River and enables the City to comply with all applicable State and Federal laws, including the Clean Water Act (33 United States Code § 1251 et seq.) and the General Pretreatment Regulations (40 Code of Federal Regulations Part 403). The objectives of this ordinance are:

A. To prevent the introduction of pollutants into the POTW that will interfere with its operation;

B. To prevent the introduction of pollutants into the POTW that will pass through the POTW, inadequately treated, into receiving waters, or otherwise be incompatible with the POTW;

C. To protect both POTW personnel who may be affected by wastewater and sludge in the course of their employment and the general public;

D. To promote reuse and recycling of industrial wastewater and sludge from the POTW;

E. To provide for fees for the equitable distribution of the cost of operation, maintenance, and improvement of the POTW; and

F. To enable the City to comply with its National Pollutant Discharge Elimination System permit conditions, sludge use and disposal requirements, and any other Federal or State laws to which the POTW is subject.

This ordinance shall apply to all users of the POTW. The ordinance authorizes the issuance of wastewater discharge permits; provides for monitoring, compliance, and enforcement activities; establishes administrative review procedures; requires user reporting; and provides for the setting of fees for the equitable distribution of costs resulting from the program established herein.

(2) Administration. Except as otherwise provided herein, the City Engineer shall administer, implement, and enforce the provisions of this ordinance. Any powers granted to or duties imposed upon the City Engineer may be delegated by the City Engineer to other personnel or Control Authority.

(3) Abbreviations. The following abbreviations, when used in this ordinance, shall have the designated meanings:

• BOD – Biochemical Oxygen Demand
• CFR – Code of Federal Regulations
• COD – Chemical Oxygen Demand
• DEQ – Oregon State Department of Environmental Quality
• EPA – U.S. Environmental Protection Agency
• gpd – gallons per day
• mg/l – milligrams per liter
• NPDES – National Pollutant Discharge Elimination System
• POTW - POTW
• RCRA – Resource Conservation and Recovery Act
• TSS – Total Suspended Solids
• U.S.C. – United States Code

(4) Definitions. Unless a provision explicitly states otherwise, the following terms and phrases, as used in this ordinance, shall have the meanings hereinafter designated.

A. Act or "the Act." The Federal Water Pollution Control Act, also known as the Clean Water Act, as amended, 33 U.S.C. § 1251 et seq.

B. Approval Authority. The State of Oregon Department of Environmental Quality (DEQ).

C. Authorized Representative of the User.

(1) If the user is a corporation:

(a) The president, secretary, treasurer, or a vice–president of the corporation in charge of a principal business function, or any other person who performs similar policy or decision–making functions for the corporation; or

(b) The manager of one or more manufacturing, production, or operation facilities employing more than two hundred fifty (250) persons or having gross annual sales or expenditures exceeding twenty–five (25) million dollars (in second–quarter 1980 dollars), if authority to sign documents has been assigned or delegated to the manager in accordance with corporate procedures.

(2) If the user is a partnership or sole proprietorship: a general partner or proprietor, respectively.

(3) If the user is a Federal, State, or local governmental facility: a director or highest official appointed or designated to oversee the operation and performance of the activities of the government facility, or their designee.

(4) The individuals described in paragraphs 1 through 3, above, may designate another authorized representative if the authorization is in writing, the authorization specifies the individual or position responsible for the overall operation of the facility from which the discharge originates or having overall responsibility for environmental matters for the company, and the written authorization is submitted to the City.

D. Biochemical Oxygen Demand or BOD. The quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory procedures for five (5) days at 20 centigrade, usually expressed as a concentration (e.g., mg/l).

E. Categorical Pretreatment Standard or Categorical Standard. Any regulation containing pollutant discharge limits promulgated by EPA in accordance with Sections 307(b) and (c) of the Act (33 U.S.C. § 1317) which apply to a specific category of users and which appear in 40 CFR Chapter I, Subchapter N, Parts 405–471.

F. City. The City of Hood River, the City Council of Hood River, or its authorized representative.

G. Composite Sample. The sample resulting from the combination of individual wastewater samples taken at selected intervals based on an increment of either flow or time, as specified by the City Engineer or representative thereof.

H. Control Authority. The City Engineer designee authorized to supervise, administer, implement, or otherwise perform the activities of the industrial pretreatment program.

I. Environmental Protection Agency or EPA. The U.S. Environmental Protection Agency or, where appropriate, the Regional Water Management Division Director, or other duly authorized official of said agency.

J. Existing Source. Any source of discharge, the construction or operation of which commenced prior to the publication by EPA of proposed categorical pretreatment standards, which will be applicable to such source if the standard is thereafter promulgated in accordance with Section 307 of the Act.

K. Grab Sample. A sample which is taken from a wastestream without regard to the flow in the wastestream and over a period of time not to exceed fifteen (15) minutes.

L. Indirect Discharge or Discharge. The introduction of pollutants into the POTW from any nondomestic source regulated under Section 307(b), (c), or (d) of the Act.

M. Industrial User. A discharge into the POT of nondomestic Wastewater.

N. Instantaneous Maximum Allowable Discharge Limit. The maximum concentration of a pollutant allowed to be discharged at any time, determined from the analysis of any discrete or composited sample collected, independent of the industrial flow rate and the duration of the sampling event.

O. Interference. A discharge, which alone or in conjunction with a discharge or discharges from other sources, inhibits or disrupts the POTW, its treatment processes or operations or its sludge processes, use or disposal; and, therefore, is a cause of a violation of the City's NPDES permit or of the prevention of sewage sludge use or disposal in compliance with any of the following statutory/regulatory provisions or permits issued thereunder, or any more stringent State or local regulations: Section 405 of the Act; the Solid Waste Disposal Act, including Title II commonly referred to as the Resource Conservation and Recovery Act (RCRA); any State regulations contained in any State sludge management plan prepared pursuant to Subtitle D of the Solid Waste Disposal Act; the Clean Air Act; the Toxic Substances Control Act; and the Marine Protection, Research and Sanctuaries Act.

P. May. Discretionary or permissive.

Q. Medical Waste. Isolation wastes, infectious agents, human blood and blood products, pathological wastes, sharps, body parts, contaminated bedding, surgical wastes, potentially contaminated laboratory wastes, and dialysis wastes.

R. National Pollutant Discharge Elimination System (NPDES) Permit. A permit issued to a POT or other discharge pursuant to Section 402 of the Act.

S. New Source.

(1) Any building, structure, facility, or installation from which there is (or may be) a discharge of pollutants, the construction of which commenced after the publication of proposed pretreatment standards under Section 307(c) of the Act which will be applicable to such source if such standards are thereafter promulgated in accordance with that section, provided that:

(a) The building, structure, facility, or installation is constructed at a site at which no other source is located; or

(b) The building, structure, facility, or installation totally replaces the process or production equipment that causes the discharge of pollutants at an existing source; or

(c) The production or wastewater generating processes of the building, structure, facility, or installation are substantially independent of an existing source at the same site. In determining whether these are substantially independent, factors such as the extent to which the new facility is integrated with the existing plant, and the extent to which the new facility is engaged in the same general type of activity as the existing source, should be considered.

(2) Construction on a site at which an existing source is located results in a modification rather than a new source if the construction does not create a new building, structure, facility, or installation meeting the criteria of Section (1)(b) or (c) above but otherwise alters, replaces, or adds to existing process or production equipment.

(3) Construction of a new source as defined under this paragraph has commenced if the owner or operator has:

(a) Begun, or caused to begin, as part of a continuous onsite construction program

(i) any placement, assembly, or installation of facilities or equipment; or

(ii) significant site preparation work including clearing, excavation, or removal of existing buildings, structures, or facilities which is necessary for the placement, assembly, or installation of new source facilities or equipment; or

(b) Entered into a binding contractual obligation for the purchase of facilities or equipment which are intended to be used in its operation within a reasonable time. Options to purchase or contracts which can be terminated or modified without substantial loss, and contracts for feasibility, engineering, and design studies do not constitute a contractual obligation under this paragraph.

T. Noncontact Cooling Water. Water used for cooling which does not come into direct contact with any raw material, intermediate product, waste product, or finished product.

U. Pass Through. A discharge which exits the POTW into waters of the United States in quantities or concentrations which, alone or in conjunction with a discharge or discharges from other sources, is a cause of a violation of any requirement of the City's NPDES permit, including an increase in the magnitude or duration of a violation

V. Person. Any individual, partnership, copartnership, firm, company, corporation, association, joint stock company, trust, estate, governmental entity, or any other legal entity; or their legal representatives, agents, or assigns. This definition includes all Federal, State, and local governmental entities.

W. pH. A measure of the acidity or alkalinity of a solution, expressed in standard units.

X. Pollutant. Dredged spoil, solid waste, incinerator residue, filter backwash, sewage, garbage, sewage sludge, munitions, medical wastes, chemical wastes, biological materials, radioactive materials, heat, wrecked or discarded equipment, rock, sand, cellar dirt, municipal, agricultural and industrial wastes, and certain characteristics of wastewater (e.g., pH, temperature, TSS, turbidity, color, BOD, COD, toxicity, or odor).

Y. Pretreatment. The reduction of the amount of pollutants, the elimination of pollutants, or the alteration of the nature of pollutant properties in wastewater 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.

Z. Pretreatment Requirements. Any substantive or procedural requirement related to pretreatment imposed on a user, other than a pretreatment standard.

AA. Pretreatment Standards or Standards. Pretreatment standards shall mean prohibited discharge standards, categorical pretreatment standards, and local limits.

BB. Prohibited Discharge Standards or Prohibited Discharges. Absolute prohibitions against the discharge of certain substances; these prohibitions appear in Section 2.1 of this ordinance.

CC. Publicly Owned Treatment Works or POTW. A “treatment works,” as defined by Section 212 of the Act (33 U.S.C. §1292) which is owned by the City. This definition includes any devices or systems used in the collection, storage, treatment, recycling, and reclamation of sewage or industrial wastes of a liquid nature and any conveyances which convey wastewater to a treatment plant.

DD. Septic Tank Waste. Any sewage from holding tanks such as vessels, chemical toilets, campers, trailers, and septic tanks.

EE. Sewage. Human excrement and gray water (household showers, dishwashing operations, etc.).

FF. Shall. Mandatory.

GG. Significant Industrial User.

(1) A user subject to categorical pretreatment standards; or

(2) A user that:

(a) Discharges an average of twenty–five thousand (25,000) gpd or more of process wastewater to the POTW (excluding sanitary, noncontact cooling, and boiler blowdown wastewater);

(b) Contributes a process wastestream which makes up five (5) percent or more of the average dry weather hydraulic or organic capacity of the POTW treatment plant; or

(c) Is designated as such by the City on the basis that it has a reasonable potential for adversely affecting the POTW's operation or for violating any pretreatment standard or requirement.

(3) Upon a finding that a user meeting the criteria in Subsection (2) has no reasonable potential for adversely affecting the POTW's operation or for violating any pretreatment standard or requirement, the City may at any time, on its own initiative or in response to a petition received from a user, and in accordance with procedures in 40 CFR 403.8(f)(6), determine that such user should not be considered a significant industrial user.

HH. Slug Load or Slug. Any discharge at a flow rate or concentration which could cause a violation of the prohibited discharge standards in this ordinance or any discharge of a nonroutine, episodic nature, including accidental spill or a noncustomary batch discharge.

II. Storm Water. Any flow occurring during or following any form of natural precipitation, and resulting from such precipitation, including snowmelt.

JJ. Suspended Solids. The total suspended matter that floats on the surface of, or is suspended in, water, wastewater, or other liquid, and which is removable by laboratory filtering.

KK. User or Industrial User. A discharge into the POTW.

LL. Wastewater. Liquid and water–carried industrial wastes and sewage from residential dwellings, commercial buildings, industrial and manufacturing facilities, and institutions, whether treated or untreated, which are contributed to the POTW.

MM. Wastewater Treatment Plant or Treatment Plant. That portion of the POTW which is designed to provide treatment of municipal sewage and industrial waste.

12.06.020 – General Sewer Use Requirements

 

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(1) Prohibited Discharge Standards

A. General Prohibitions. No user shall introduce or cause to be introduced into the POTW any pollutant or wastewater which causes pass through or interference. These general prohibitions apply to all users of the POTW whether or not they are subject to categorical pretreatment standards or any other National, State, or local pretreatment standards or requirements.

B. Specific Prohibitions. No user shall introduce or cause to be introduced into the POTW the following pollutants, substances, or wastewater:

(1) Pollutants which create a fire or explosive hazard in the POTW, including, but not limited to, wastestreams with a closed–cup flashpoint of less than 140 F (60 C) using the test methods specified in 40 CFR 261.21;

(2) Wastewater having a pH less than 6.0 [or more than 9.0], or otherwise causing corrosive structural damage to the POTW or equipment;

(3) Solid or viscous substances in amounts which will cause obstruction of the flow in the POTW resulting in interference [but in no case solids greater than one– half inch (1/2")].

(4) Pollutants, including oxygen–demanding pollutants (BOD, etc.), released in a discharge at a flow rate and/or pollutant concentration which, either singly or by interaction with other pollutants, will cause interference with the POTW;

(5) Wastewater having a temperature greater than 150 F (65 C), or which will inhibit biological activity in the treatment plant resulting in interference, but in no case wastewater which causes the temperature at the introduction into the treatment plant to exceed 104 F (40 C);

(6) Petroleum oil, nonbiodegradable cutting oil, or products of mineral oil origin, in amounts that will cause interference or pass through;

(7) Pollutants which result in the presence of toxic gases, vapors, or fumes within the POTW in a quantity that may cause acute worker health and safety problems;

(8) Trucked or hauled pollutants, except at discharge points designated by the City Engineer in accordance with Section 12.06.030 (4) of this ordinance;

(9) Noxious or malodorous liquids, gases, solids, or other wastewater which, either singly or by interaction with other wastes, are sufficient to create a public nuisance or a hazard to life, or to prevent entry into the sewers for maintenance or repair;

(10) Wastewater which imparts color which cannot be removed by the treatment process, such as, but not limited to, dye wastes and vegetable tanning solutions, which consequently imparts color to the treatment plant's effluent, thereby violating the City's NPDES permit;

(11) Wastewater containing any radioactive wastes or isotopes except in compliance with applicable State or Federal regulations;

(12) Storm water, surface water, ground water, artesian well water, roof runoff, subsurface drainage, swimming pool drainage, condensate, deionized water, noncontact cooling water, and unpolluted wastewater, unless specifically authorized by the City Engineer;

(13) Sludges, screenings, or other residues from the pretreatment of industrial wastes;

(14) Medical wastes, except as specifically authorized by the City Engineer in a wastewater discharge permit;

(15) Wastewater causing, alone or in conjunction with other sources, the treatment plant's effluent to fail a toxicity test;

(16) Detergents, surface–active agents, or other substances which may cause excessive foaming in the POTW;

(17) Fats, oils, or greases of animal or vegetable origin in concentrations greater than one hundred (100) mg/l; or

(18) Wastewater causing two readings on an explosion hazard meter at the point of discharge into the POTW, or at any point in the POTW, of more than ten percent (10%) or any single reading over ten percent (10%) of the Lower Explosive Limit of the meter.

Pollutants, substances, or wastewater prohibited by this section shall not be processed or stored in such a manner that they could be discharged to the POTW.

(2) National Categorical Pretreatment Standards. The categorical pretreatment standards found at 40 CFR Chapter I, Subchapter N, Parts 405–471 are hereby incorporated.

A. Where a categorical pretreatment standard is expressed only in terms of either the mass or the concentration of a pollutant in wastewater, the City Engineer may impose equivalent concentration or mass limits in accordance with 40 CFR 403.6(c).

B. When wastewater subject to a categorical pretreatment standard is mixed with wastewater not regulated by the same standard, the City Engineer shall impose an alternate limit using the combined wastestream formula in 40 CFR 403.6(e).

C. A user may obtain a variance from a categorical pretreatment standard if the user can prove, pursuant to the procedural and substantive provisions in 40 CFR 403.13, that factors relating to its discharge are fundamentally different from the factors considered by EPA when developing the categorical pretreatment standard.

D. A user may obtain a net gross adjustment to a categorical standard in accordance with 40 CFR 403.15.

(3) Oregon State Pretreatment Standards. Oregon State pretreatment standards and any other applicable State standards or requirements are hereby incorporated.

(4) Local Limits. No nonresidential user shall discharge wastewater containing restricted substances into the municipal wastewater system in excess of limitations specified in its wastewater discharge permit, or adopted by resolution by the City. The City Engineer shall publish and revise from time to time standards (Local Limits) for specific restricted substances. These standards shall be developed in accordance with 40 CFR Part 403.5 and shall implement the objectives of this Ordinance. Standards published in accordance with this Section will be deemed pretreatment standards for the purposes of Section 307(d) of the Act.

At his/her discretion, the City Engineer may impose mass limitations in addition to or in place of concentration–based limitations. The City Engineer may also revise or modify the standards (Local Limits) as required, or if deemed necessary to comply with the objectives presented in Section 12.06.010 (1) of this Ordinance, or the general and specific prohibitions in Section 12.06.020 (1) of this Ordinance, or to insure compliance with State, Federal and local law.

(5) City's Right of Revision. The City reserves the right to establish, by ordinance or in wastewater discharge permits, more stringent standards or requirements on discharges to the POTW.

(6) Dilution. No user shall ever increase the use of process water, or in any way attempt to dilute a discharge, as a partial or complete substitute for adequate treatment to achieve compliance with a discharge limitation unless expressly authorized by an applicable pretreatment standard or requirement. The City Engineer may impose mass limitations on users who are using dilution to meet applicable pretreatment standards or requirements, or in other cases when the imposition of mass limitations is appropriate.

(7) Application of Most Stringent Limitations. For a discharge regulated by Categorical Pretreatment Standards or other Federal, State or local discharge limitations or requirements, the most stringent limitations and requirements will apply.

(8) Deadline for Compliance with Categorical Standards. Compliance by existing sources with categorical pretreatment standards shall be within three (3) years of the date the standard is effective unless a shorter compliance time is specified in the appropriate subpart of 40 CFR Chapter I, Subchapter N.

New sources shall install and have in operating condition, and shall start up all pollution control equipment required to meet applicable pretreatment standards before beginning to discharge. Within the shortest feasible time (not to exceed 90 days), new sources must meet all applicable pretreatment standards.

12.06.030 - Pretreatment Of Wastewater

(1) Pretreatment Facilities. Users shall provide wastewater treatment as necessary to comply with this ordinance and shall achieve compliance with all categorical pretreatment standards, local limits, and the prohibitions set out in Section 12.06.020 (1) of this ordinance within the time limitations specified by EPA, the State, or the City Engineer, whichever is more stringent. Any facilities necessary for compliance shall be provided, operated, and maintained at the user's expense. Detailed plans describing such facilities and operating procedures shall be submitted to the City Engineer for review, and shall be approved by the City Engineer before such facilities are constructed. The review and approval of such plans and operating procedures shall in no way relieve the user from the responsibility of modifying such facilities as necessary to produce a discharge acceptable to the City under the provisions of this ordinance.

(2) Additional Pretreatment Measures

A. Whenever deemed necessary, the City Engineer may require users to restrict their discharge during peak flow periods, designate that certain wastewater be discharged only into specific sewers, relocate and/or consolidate points of discharge, separate sewage wastestreams from industrial wastestreams, and such other conditions as may be necessary to protect the POTW and determine the user's compliance with the requirements of this ordinance.

B. The City Engineer may require any person discharging into the POTW to install and maintain, on their property and at their expense, a suitable storage and flow–control facility to ensure equalization of flow. A wastewater discharge permit may be issued solely for flow equalization.

C. Grease, oil, and sand interceptors shall be provided when, in the opinion of the City Engineer, they are necessary for the proper handling of wastewater containing excessive amounts of grease and oil, or sand; except that such interceptors shall not be required for residential users. All interception units shall be of type and capacity approved by the City Engineer and shall be so located to be easily accessible for cleaning and inspection. Such interceptors shall be inspected, cleaned, and repaired regularly, as needed, by the user at their expense.

D. Users with the potential to discharge flammable substances may be required to install and maintain an approved combustible gas detection meter.

(3) Accidental Discharge/Slug Control Plans. At least once every two (2) years, the City Engineer shall evaluate whether each significant industrial user needs an accidental discharge/slug control plan. The City Engineer may require any user to develop, submit for approval, and implement such a plan. An accidental discharge/slug control plan shall address, at a minimum, the following:

A. Description of discharge practices, including nonroutine batch discharges;

B. Description of stored chemicals;

C. Procedures for immediately notifying the City Engineer of any accidental or slug discharge, as required by Section 12.06.060 (6) of this ordinance. Such notification must also be given for any discharge which would violate any of the prohibited discharges in Section 12.06.020 (1) of this ordinance; and

D. Procedures to prevent adverse impact from any accidental or slug discharge. Such procedures include, but are not limited to, inspection and maintenance of storage areas, handling and transfer of materials, loading and unloading operations, control of plant site runoff, worker training, building of containment structures or equipment, measures for containing toxic organic pollutants, including solvents, and/or measures and equipment for emergency response.

(4) Hauled Wastewater

A. Septic tank waste may be introduced into the POTW only at locations designated by the City Engineer, and at such times as are established by the City Engineer. Such waste shall not violate Section 12.06.020 of this ordinance or any other requirements established by the City. The City Engineer may require septic tank waste haulers to obtain wastewater discharge permits.

B. The City Engineer shall require haulers of industrial waste to obtain wastewater discharge permits. The City Engineer may require generators of hauled industrial waste to obtain wastewater discharge permits. The City Engineer also may prohibit the disposal of hauled industrial waste. The discharge of hauled industrial waste is subject to all other requirements of this ordinance.

C. Industrial waste haulers may discharge loads only at locations designated by the City Engineer. No load may be discharged without prior consent of the City Engineer. The City Engineer may collect samples of each hauled load to ensure compliance with applicable standards. The City Engineer may require the industrial waste hauler to provide a waste analysis of any load prior to discharge.

D. Industrial waste haulers must provide a waste–tracking form for every load. This form shall include, at a minimum, the name and address of the industrial waste hauler, permit number, truck identification, names and addresses of sources of waste, and volume and characteristics of waste. The form shall identify the type of industry, known or suspected waste constituents, and whether any wastes are RCRA hazardous wastes.

12.06.040 - Wastewater Discharge Permit Application

(1) Wastewater Analysis. When requested by the City Engineer, a user must submit information on the nature and characteristics of its wastewater within thirty (30) days of the request. The City Engineer is authorized to prepare a form for this purpose and may periodically require users to update this information. Failure to provide the information shall be reasonable grounds for denying or terminating service to the user and shall be considered a violation of this ordinance.

(2) Wastewater Discharge Permit Requirement

A. No significant industrial user shall discharge wastewater into the POTW without first obtaining a wastewater discharge permit from the City Engineer, except that a significant industrial user that has filed a timely application pursuant to Section 12.06.040 (3) of this ordinance may continue to discharge for the time period specified therein.

B. The City Engineer may require other users to obtain wastewater discharge permits as necessary to carry out the purposes of this ordinance.

C. Any violation of the terms and conditions of a wastewater discharge permit shall be deemed a violation of this ordinance and subjects the wastewater discharge permittee to the sanctions set out in Sections 12.06.090 through 12.06.120 of this ordinance. Obtaining a wastewater discharge permit does not relieve a permittee of its obligation to comply with all Federal and State pretreatment standards or requirements or with any other requirements of Federal, State, and local law.

(3) Wastewater Discharge Permitting: Existing Connections. Any user required to obtain a wastewater discharge permit who was discharging wastewater into the POTW prior to the effective date of this ordinance and who wishes to continue such discharges in the future, shall, within ninety (90) days after said date, apply to the City Engineer for a wastewater discharge permit in accordance with Section 12.06.040 (5) of this ordinance, and shall not cause or allow discharges to the POTW to continue after one hundred fifty (150) days of the effective date of this ordinance except in accordance with a wastewater discharge permit issued by the City Engineer.

(4) Wastewater Discharge Permitting: New Connections. Any user required to obtain a wastewater discharge permit who proposes to begin or recommence discharging into the POTW must obtain such permit prior to the beginning or recommencing of such discharge. An application for this wastewater discharge permit, in accordance with Section 12.06.040 (5) of this ordinance, must be filed at least sixty (60) days prior to the date upon which any discharge will begin or recommence.

(5) Wastewater Discharge Permit Application Contents. All users required to obtain a wastewater discharge permit must submit a permit application. The City Engineer may require all users to submit as part of an application the following information:

A. All information required by Section 12.06.060 (1) (B) of this ordinance;

B. Description of activities, facilities, and plant processes on the premises, including a list of all raw materials and chemicals used or stored at the facility which are, or could accidentally or intentionally be, discharged to the POTW;

C. Number and type of employees, hours of operation, and proposed or actual hours of operation;

D. Each product produced by type, amount, process or processes, and rate of production;

E. Type and amount of raw materials processed (average and maximum per day);

F. Site plans, floor plans, mechanical and plumbing plans, and details to show all sewers, floor drains, and appurtenances by size, location, and elevation, and all points of discharge;

G. Time and duration of discharges; and

H. Any other information as may be deemed necessary by the City Engineer to evaluate the wastewater discharge permit application.

Incomplete or inaccurate applications will not be processed and will be returned to the user for revision.

(6) Application Signatories and Certification. All wastewater discharge permit applications and user reports must be signed by an authorized representative of the user and contain the following certification statement:

"I certify under penalty of law that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fine and imprisonment for knowing violations."

(7) Wastewater Discharge Permit Decisions. The City Engineer will evaluate the data furnished by the user and may require additional information. Within sixty (60) days of receipt of a complete wastewater discharge permit application, the City Engineer will determine whether or not to issue a wastewater discharge permit. The City Engineer may deny any application for a wastewater discharge permit.

12.06.050 - Wastewater Discharge Permit Issuance Process

(1) Wastewater Discharge Permit Duration. A wastewater discharge permit shall be issued for a specified time period, not to exceed five (5) years from the effective date of the permit. A wastewater discharge permit may be issued for a period less than five (5) years, at the discretion of the City Engineer. Each wastewater discharge permit will indicate a specific date upon which it will expire.

(2) Wastewater Discharge Permit Contents. A wastewater discharge permit shall include such conditions as are deemed reasonably necessary by the City Engineer to prevent pass through or interference, protect the quality of the water body receiving the treatment plant's effluent, protect worker health and safety, facilitate sludge management and disposal, and protect against damage to the POTW.

A. Wastewater discharge permits must contain:

(1) A statement that indicates wastewater discharge permit duration, which in no event shall exceed five (5) years;

(2) A statement that the wastewater discharge permit is nontransferable.

(3) Effluent limits based on applicable pretreatment standards;

(4) Self monitoring, sampling, reporting, notification, and record–keeping requirements. These requirements shall include an identification of pollutants to be monitored, sampling location, sampling frequency, and sample type based on Federal, State, and local law; and

(5) A statement of applicable civil and criminal penalties for violation of pretreatment standards and requirements, and any applicable compliance schedule. Such schedule may not extend the time for compliance beyond that required by applicable Federal, State, or local law.

B. Wastewater discharge permits may contain, but need not be limited to, the following conditions:

(1) Limits on the average and/or maximum rate of discharge, time of discharge, and/or requirements for flow regulation and equalization;

(2) Requirements for the installation of pretreatment technology, pollution control, or construction of appropriate containment devices, designed to reduce, eliminate, or prevent the introduction of pollutants into the treatment works;

(3) Requirements for the development and implementation of spill control plans or other special conditions including management practices necessary to adequately prevent accidental, unanticipated, or nonroutine discharges;

(4) Development and implementation of waste minimization plans to reduce the amount of pollutants discharged to the POTW;

(5) The unit charge or schedule of user charges and fees for the management of the wastewater discharged to the POTW;

(6) Requirements for installation and maintenance of inspection and sampling facilities and equipment;

(7) A statement that compliance with the wastewater discharge permit does not relieve the permittee of responsibility for compliance with all applicable Federal and State pretreatment standards, including those which become effective during the term of the wastewater discharge permit; and

(8) Other conditions as deemed appropriate by the City Engineer to ensure compliance with this ordinance, and State and Federal laws, rules, and regulations.

(3) Wastewater Discharge Permit Appeals. Any person, including the user, may petition the City Engineer to reconsider the terms of a wastewater discharge permit within thirty (30) days of notice of its issuance.

A. Failure to submit a timely petition for review shall be deemed to be a waiver of the administrative appeal.

B. In its petition, the appealing party must indicate the wastewater discharge permit provisions objected to, the reasons for this objection, and the alternative condition, if any, it seeks to place in the wastewater discharge permit.

C. The effectiveness of the wastewater discharge permit shall not be stayed pending the appeal.

D. If the City Engineer fails to act within thirty (30) days, a request for reconsideration shall be deemed to be denied. Decisions not to reconsider a wastewater discharge permit, not to issue a wastewater discharge permit, or not to modify a wastewater discharge permit shall be considered final administrative actions for purposes of judicial review.

E. Aggrieved parties seeking judicial review of the final administrative wastewater discharge permit decision must do so by filing a complaint with the Hood River County Circuit Court within thirty (30) days.

(4) Wastewater Discharge Permit Modification. The City Engineer may modify a wastewater discharge permit for good cause, including, but not limited to, the following reasons:

A. To incorporate any new or revised Federal, State, or local pretreatment standards or requirements;

B. To address significant alterations or additions to the user's operation, processes, or wastewater volume or character since the time of wastewater discharge permit issuance;

C. A change in the POTW that requires either a temporary or permanent reduction or elimination of the authorized discharge;

D. Information indicating that the permitted discharge poses a threat to the POTW, Collection or Treatment personnel, or the receiving waters;

E. Violation of any terms or conditions of the wastewater discharge permit;

F. Misrepresentations or failure to fully disclose all relevant facts in the wastewater discharge permit application or in any required reporting;

G. Revision of or a grant of variance from categorical pretreatment standards pursuant to 40 CFR 403.13;

H. To correct typographical or other errors in the wastewater discharge permit.

(5) Wastewater Discharge Permit Transfer

A. Wastewater discharge permits may not be transferred to a new owner or operator unless all of the following conditions are met:

(1) The permittee must supply to the new owner a copy of the permit at least 90 days prior to exchange of ownership.

(2) The permittee must give at least 60 days advanced official notice to the City Engineer. The notice to the City Engineer must include a written certification by the new owner or operator which:

(a) States that the new owner and/or operator has no immediate intent to change the facility’s operations and processes;

(b) Identifies the specific date on which the transfer is to occur; and

(c) Acknowledges full responsibility for complying with the existing wastewater discharge permit.

(3) The City Engineer approves the wastewater discharge permit transfer.

B. Failure to meet the conditions of transfer renders the wastewater discharge permit void as of the date of facility transfer. (Ord. 1779, 1999)

(6) Wastewater Discharge Permit Revocation. The City Engineer may revoke a wastewater discharge permit for good cause, including, but not limited to, the following reasons:

A. Failure to notify the City Engineer of significant changes to the wastewater prior to the changed discharge;

B. Failure to provide prior notification to the City Engineer of changed conditions pursuant to Section 12.06.060 (5) of this ordinance;

C. Misrepresentation or failure to fully disclose all relevant facts in the wastewater discharge permit application;

D. Falsifying self–monitoring or other reports;

E. Tampering with monitoring equipment;

F. Refusing to allow the City Engineer timely access to the facility premises and records;

G. Failure to meet effluent limitations;

H. Failure to pay fines;

I. Failure to pay sewer charges;

J. Failure to meet compliance schedules;

K. Failure to complete a wastewater survey or the wastewater discharge permit application;

L. Violation of any pretreatment standard or requirement, or any terms of the wastewater discharge permit or this ordinance.

Wastewater discharge permits shall be voidable upon cessation of operations or transfer of business ownership. All wastewater discharge permits issued to a particular user are void upon the issuance of a new wastewater discharge permit to that user.

(7) Wastewater Discharge Permit Reissuance. A user with an expiring wastewater discharge permit shall apply for wastewater discharge permit reissuance by submitting a complete permit application, in accordance with Section 12.06.040 (5) of this ordinance, a minimum of sixty (60) days prior to the expiration of the user's existing wastewater discharge permit.

(8) Regulation of Waste Received from Other Jurisdictions

A. If another municipality, or user located within another municipality, contributes wastewater to the POTW, the City Engineer shall enter into an intermunicipal agreement with the contributing municipality.

B. Prior to entering into an agreement required by paragraph A, above, the City Engineer shall request the following information from the contributing municipality:

(1) A description of the quality and volume of wastewater discharged to the POTW by the contributing municipality;

(2) An inventory of all users located within the contributing municipality that are discharging to the POTW; and

(3) Such other information as the City Engineer may deem necessary.

C. An intermunicipal agreement, as required by paragraph A, above, shall contain the following conditions:

(1) A requirement for the contributing municipality to adopt a sewer use ordinance which is at least as stringent as this ordinance and local limits which are at least as stringent as those set out in Section 2.4 of this ordinance. The requirement shall specify that such ordinance and limits must be revised as necessary to reflect changes made to the City's ordinance and/or local limits;

(2) A requirement for the contributing municipality to submit a revised user inventory on at least an annual basis;

(3) A provision specifying which pretreatment implementation activities, including wastewater discharge permit issuance, inspection and sampling, and enforcement, will be conducted by the contributing municipality; which of these activities will be conducted by the City Engineer; and which of these activities will be conducted jointly by the contributing municipality and the City Engineer;

(4) A requirement for the contributing municipality to provide the City Engineer with access to all information that the contributing municipality obtains as part of its pretreatment activities;
(5) Limits on the nature, quality, and volume of the contributing municipality's wastewater at the point where it discharges to the POTW;

(6) Requirements for monitoring the contributing municipality's discharge;

(7) A provision ensuring the City Engineer access to the facilities of users located within the contributing municipality's jurisdictional boundaries for the purpose of inspection, sampling, and any other duties deemed necessary by the City Engineer; and

(8) A provision specifying remedies available for breach of the terms of the interjurisdictional agreement.

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12.06.060 - Reporting Requirements

(1) Baseline Monitoring Reports

A. Within either one hundred eighty (180) days after the effective date of a categorical pretreatment standard, or the final administrative decision on a category determination under 40 CFR 403.6(a)(4), whichever is later, existing categorical users currently discharging to or scheduled to discharge to the POTW shall submit to the City Engineer a report which contains the information listed in paragraph B, below. At least ninety (90) days prior to commencement of their discharge, new sources, and sources that become categorical users subsequent to the promulgation of an applicable categorical standard, shall submit to the City Engineer a report which contains the information listed in paragraph B, below. A new source shall report the method of pretreatment it intends to use to meet applicable categorical standards. A new source also shall give estimates of its anticipated flow and quantity of pollutants to be discharged.

B. Users described above shall submit the information set forth below.

(1) Identifying Information. The name and address of the facility, including the name of the operator and owner.

(2) Environmental Permits. A list of any environmental control permits held by or for the facility.

(3) Description of Operations. A brief description of the nature, average rate of production, and standard industrial classifications of the operation(s) carried out by such user. This description should include a schematic process diagram which indicates points of discharge to the POTW from the regulated processes.

(4) Flow Measurement. Information showing the measured average daily and maximum daily flow, in gallons per day, to the POTW from regulated process streams and other streams, as necessary, to allow use of the combined wastestream formula set out in 40 CFR 403.6(e).

(5) Measurement of Pollutants.

(a) The categorical pretreatment standards applicable to each regulated process.

(b) The results of sampling and analysis identifying the nature and concentration, and/or mass, where required by the standard or by the City Engineer, of regulated pollutants in the discharge from each regulated process. Instantaneous, daily maximum, and long–term average concentrations, or mass, where required, shall be reported. The sample shall be representative of daily operations and shall be analyzed in accordance with procedures set out in Section 12.06.060 (10) of this ordinance.

(c) Sampling must be performed in accordance with procedures set out in Section 12.06.060 (11) of this ordinance.

(6) Certification. A statement, reviewed by the user's authorized representative and certified by a qualified professional, indicating whether pretreatment standards are being met on a consistent basis, and, if not, whether additional operation and maintenance (O&M) and/or additional pretreatment is required to meet the pretreatment standards and requirements.

(7) Compliance Schedule. If additional pretreatment and/or O&M will be required to meet the pretreatment standards, the shortest schedule by which the user will provide such additional pretreatment and/or O&M. The completion date in this schedule shall not be later than the compliance date established for the applicable pretreatment standard. A compliance schedule pursuant to this section must meet the requirements set out in Section 12.06.060 (2) of this ordinance.

(8) Signature and Certification. All baseline monitoring reports must be signed and certified in accordance with Section 12.06.040 (6) of this ordinance.

(2) Compliance Schedule Progress Reports. The following conditions shall apply to any schedule required by this ordinance:

A. The schedule shall contain progress increments in the form of dates for the commencement and completion of major events leading to the construction and operation of additional pretreatment required for the user to meet the applicable pretreatment standards (such events include, but are not limited to, hiring an engineer, completing preliminary and final plans, executing contracts for major components, commencing and completing construction, and beginning and conducting routine operation);

B. No increment referred to above shall exceed nine (9) months;

C. The user shall submit a progress report to the City Engineer no later than fourteen (14) days following each date in the schedule and the final date of compliance including, as a minimum, whether or not it complied with the increment of progress, the reason for any delay, and, if appropriate, the steps being taken by the user to return to the established schedule; and

D. In no event shall more than nine (9) months elapse between such progress reports to the City Engineer.

E. No compliance schedule shall exceed eighteen (18) months.

(3) Reports on Compliance with Categorical Pretreatment Standard Deadline. Within ninety (90) days following the date for final compliance with applicable categorical pretreatment standards, or in the case of a new source following commencement of the introduction of wastewater into the POTW, any user subject to such pretreatment standards and requirements shall submit to the City Engineer a report containing the information described in Section 12.06.060 (1) (B)(4–6) of this ordinance. For users subject to equivalent mass or concentration limits established in accordance with the procedures in 40 CFR 403.6(c), this report shall contain a reasonable measure of the user's long–term production rate. For all other users subject to categorical pretreatment standards expressed in terms of allowable pollutant discharge per unit of production (or other measure of operation), this report shall include the user's actual production during the appropriate sampling period. All compliance reports must be signed and certified in accordance with Section 12.06.040 (6) of this ordinance.

(4) Periodic Compliance Reports

A. All significant industrial users shall, at a frequency determined by the City Engineer but in no case less than twice per year (in June and December), submit a report indicating the nature and concentration of pollutants in the discharge which are limited by pretreatment standards and the measured or estimated average and maximum daily flows for the reporting period. All periodic compliance reports must be signed and certified in accordance with Section 12.06.040 (6) of this ordinance.

B. All wastewater samples must be representative of the user's discharge. Wastewater monitoring and flow measurement facilities shall be properly operated, kept clean, and maintained in good working order at all times. The failure of a user to keep its monitoring facility in good working order shall not be grounds for the user to claim that sample results are unrepresentative of its discharge.

C. If a user subject to the reporting requirement in this section monitors any pollutant more frequently than required by the City Engineer, using the procedures prescribed in Section 12.06.060 (11) of this ordinance, the results of this monitoring shall be included in the report.

(5) Reports of Changed Conditions. Each user must notify the City Engineer of any planned significant changes to the user's operations or system which might alter the nature, quality, or volume of its wastewater at least thirty (30) days before the change.

A. The City Engineer may require the user to submit such information as may be deemed necessary to evaluate the changed condition, including the submission of a wastewater discharge permit application under Section 12.06.040 (5) of this ordinance.

B. The City Engineer may issue a wastewater discharge permit under Section 12.06.040 (7) of this ordinance or modify an existing wastewater discharge permit under Section 12.06.050 (4) of this ordinance in response to changed conditions or anticipated changed conditions.

C. No user shall implement the planned changed condition(s) until the City Engineer has responded to the user's notice.

D. For purposes of this requirement, significant changes include, but are not limited to, flow increases of thirty percent (30%) or greater, and the discharge of any previously unreported pollutants.

(6) Reports of Potential Problems

A. In the case of any discharge, including, but not limited to, accidental discharges, discharges of a nonroutine, episodic nature, a noncustomary batch discharge, or a slug load, that may cause potential problems for the POTW, the user shall immediately telephone and notify the POTW of the incident. This notification shall include the location of the discharge, type of waste, concentration and volume, if known, and corrective actions taken by the user.

B. Within five (5) days following such discharge, the user shall, unless waived by the City Engineer, submit a detailed written report describing the cause(s) of the discharge and the measures to be taken by the user to prevent similar future occurrences. Such notification shall not relieve the user of any expense, loss, damage, or other liability which may be incurred as a result of damage to the POTW, natural resources, or any other damage to person or property; nor shall such notification relieve the user of any fines, penalties, or other liability which may be imposed pursuant to this ordinance.

C. Failure to notify the City Engineer of potential problem discharges shall be deemed a violation of this ordinance.

D. A notice shall be permanently posted on the user's bulletin board or other prominent place advising employees whom to call in the event of a discharge described in paragraph A, above. Employers shall ensure that all employees, who may cause such a discharge to occur, are advised of the emergency notification procedure.

(7) Reports from Unpermitted Users. All users not required to obtain a wastewater discharge permit shall provide appropriate reports as required by the City Engineer.

(8) Notice of Violation/Repeat Sampling and Reporting. If sampling performed by a user indicates a violation, the user must notify the City Engineer within twenty–four (24) hours of becoming aware of the violation. The user shall also repeat the sampling and analysis and submit the results of the repeat analysis to the City Engineer within thirty (30) days after becoming aware of the violation. The user may not be required to resample if the City Engineer monitors at the user's facility at least once a month, or if the City Engineer samples between the user's initial sampling and when the user receives the results of this sampling.

(9) Notification of the Discharge of Hazardous Waste

A. Any user who commences the discharge of hazardous waste shall notify the POTW, the EPA Regional Waste Management Division Director, and State hazardous waste authorities, in writing, of any discharge into the POTW of a substance which, if otherwise disposed of, would be a hazardous waste under 40 CFR Part 261. Such notification must include the name of the hazardous waste as set forth in 40 CFR Part 261, the EPA hazardous waste number, and the type of discharge (continuous, batch, or other). If the user discharges more than one hundred (100) kilograms of such waste per calendar month to the POTW, the notification also shall contain the following information to the extent such information is known and readily available to the user: an identification of the hazardous constituents contained in the wastes, an estimation of the mass and concentration of such constituents in the wastestream discharged during that calendar month, and an estimation of the mass of constituents in the wastestream expected to be discharged during the following twelve (12) months. All notifications must take place no later than one hundred and eighty (180) days after the discharge commences. Any notification under this paragraph need be submitted only once for each hazardous waste discharged. However, notifications of changed conditions must be submitted under Section 12.06.060 (5) of this ordinance. The notification requirement in this section does not apply to pollutants already reported by users under the self–monitoring requirements of Sections 12.06.060 (1), 12.06.060 (3), and 12.06.060 (4) of this ordinance.

B. Dischargers are exempt from the requirements of paragraph A, above, during a calendar month in which they discharge no more than fifteen (15) kilograms of hazardous wastes, unless the wastes are acute hazardous wastes as specified in 40 CFR 261.30(d) and 261.33(e). Discharge of more than fifteen (15) kilograms of nonacute hazardous wastes in a calendar month, or of any quantity of acute hazardous wastes as specified in 40 CFR 261.30(d) and 261.33(e), requires a one–time notification. Subsequent months during which the user discharges more than such quantities of any hazardous waste do not require additional notification.

C. In the case of any new regulations under Section 3001 of RCRA identifying additional characteristics of hazardous waste or listing any additional substance as a hazardous waste, the user must notify the City Engineer, the EPA Regional Waste
Management Waste Division Director, and State hazardous waste authorities of the discharge of such substance within ninety (90) days of the effective date of such regulations.

D. In the case of any notification made under this section, the user shall certify that it has a program in place to reduce the volume and toxicity of hazardous wastes generated to the degree it has determined to be economically practical.

E. This provision does not create a right to discharge any substance not otherwise permitted to be discharged by this ordinance, a permit issued thereunder, or any applicable Federal or State law.

(10) Analytical Requirements. All pollutant analyses, including sampling techniques, to be submitted as part of a wastewater discharge permit application or report shall be performed in accordance with the techniques prescribed in 40 CFR Part 136, unless otherwise specified in an applicable categorical pretreatment standard. If 40 CFR Part 136 does not contain sampling or analytical techniques for the pollutant in question, sampling and analyses must be performed in accordance with procedures approved by EPA.

(11) Sample Collection

A. Except as indicated in Section B, below, the user must collect wastewater samples using flow proportional composite collection techniques. In the event flow proportional sampling is infeasible, the City Engineer may authorize the use of time proportional sampling or a minimum of four (4) grab samples where the user demonstrates that this will provide a representative sample of the effluent being discharged. In addition, grab samples may be required to show compliance with instantaneous discharge limits.

B. Samples for oil and grease, temperature, pH, cyanide, phenols, sulfides, and volatile organic compounds must be obtained using grab collection techniques.

(12) Timing. Written reports will be deemed to have been submitted on the date postmarked. For reports which are not mailed, postage prepaid, into a mail facility serviced by the United States Postal Service, the date of receipt of the report shall govern.

(13) Record Keeping. Users subject to the reporting requirements of this ordinance shall retain, and make available for inspection and copying, all records of information obtained pursuant to any monitoring activities required by this ordinance and any additional records of information
obtained pursuant to monitoring activities undertaken by the user independent of such requirements. Records shall include the date, exact place, method, and time of sampling, and the name of the person(s) taking the samples; the dates analyses were performed; who performed the analyses; the analytical techniques or methods used; and the results of such analyses. These records shall remain available for a period of at least three (3) years. This period shall be automatically extended for the duration of any litigation concerning the user or the City, or where the user has been specifically notified of a longer retention period by the City Engineer, DEQ or EPA.

 

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12.06.070 - Compliance Monitoring

(1) Right of Entry: Inspection and Sampling. The City Engineer shall have the right to enter the premises of any user to determine whether the user is complying with all requirements of this ordinance and any wastewater discharge permit or order issued hereunder. Users shall allow the City Engineer ready access to all parts of the premises for the purposes of inspection, sampling, records examination and copying, and the performance of any additional duties.

A. Where a user has security measures in force which require proper identification and clearance before entry into its premises, the user shall make necessary arrangements with its security guards so that, upon presentation of suitable identification, the City Engineer will be permitted to enter without delay for the purposes of performing specific responsibilities.

B. The City Engineer shall have the right to set up on the user's property, or require installation of, such devices as are necessary to conduct sampling and/or metering of the user's operations.

C. The City Engineer may require the user to install monitoring equipment as necessary. The facility's sampling and monitoring equipment shall be maintained at all times in a safe and proper operating condition by the user at its own expense. All devices used to measure wastewater flow and quality shall be calibrated at least annually to ensure their accuracy. Calibration records shall be made available to the City Engineer upon request.

D. Any temporary or permanent obstruction to safe and easy access to the facility to be inspected and/or sampled shall be promptly removed by the user at the written or verbal request of the City Engineer and shall not be replaced. The costs of clearing such access shall be born by the user.

E. Unreasonable delays in allowing the City Engineer access to the user's premises shall be a violation of this ordinance.

(2) Search Warrants. If the City Engineer has been refused access to a building, structure, or property, or any part thereof, and is able to demonstrate probable cause to believe that there may be a violation of this ordinance, or that there is a need to inspect and/or sample as part of a routine inspection and sampling program of the City designed to verify compliance with this ordinance or any permit or order issued hereunder, or to protect the overall public health, safety and welfare of the community, then the City Engineer may seek issuance of a search warrant from the Municipal Court, District Court, or Circuit Court of the City.

12.06.080 - Confidential Information. Information and data on a user obtained from reports, surveys, wastewater discharge permit applications, wastewater discharge permits, and monitoring programs, and from the City Engineer's inspection and sampling activities, shall be available to the public without restriction, unless the user specifically requests, and is able to demonstrate to the satisfaction of the City Engineer, that the release of such information would divulge information, processes, or methods of production entitled to protection as trade secrets under applicable State law. Any such request must be asserted at the time of submission of the information or data. When requested and demonstrated by the user furnishing a report that such information should be held confidential, the portions of a report which might disclose trade secrets or secret processes shall not be made available for inspection by the public, but shall be made available immediately upon request to governmental agencies for uses related to the NPDES program or pretreatment program, and in enforcement proceedings involving the person furnishing the report. Wastewater constituents and characteristics and other “effluent data” as defined by 40 CFR 2.302 will not be recognized as confidential information and will be available to the public without restriction.

12.06.090 - Publication Of Users In Significant Noncompliance. The City Engineer shall publish annually, in the largest daily newspaper published in the municipality where the POTW is located, a list of the users which, during the previous twelve (12) months, were in significant noncompliance with applicable pretreatment standards and requirements. The term significant noncompliance shall mean:

A. Chronic violations of wastewater discharge limits, defined here as those in which sixty–six percent (66%) or more of wastewater measurements taken during a six– (6) month period exceed the daily maximum limit or average limit for the same pollutant parameter by any amount;

B. Technical Review Criteria (TRC) violations, defined here as those in which thirty–three percent (33%) or more of wastewater measurements taken for each pollutant parameter during a six– (6) month period equals or exceeds the product of the daily maximum limit or the average limit multiplied by the applicable criteria (1.4 for BOD, TSS, fats, oils and grease, and 1.2 for all other pollutants except pH);

C. Any other discharge violation that the City Engineer believes has caused, alone or in combination with other discharges, interference or pass through, including endangering the health of POTW personnel or the general public;

D. Any discharge of pollutants that has caused imminent endangerment to the public or to the environment, or has resulted in the City Engineer's exercise of its emergency authority to halt or prevent such a discharge;

E. Failure to meet, within ninety (90) days of the scheduled date, a compliance schedule milestone contained in a wastewater discharge permit or enforcement order for starting construction, completing construction, or attaining final compliance;

F. Failure to provide within thirty (30) days after the due date, any required reports, including baseline monitoring reports, reports on compliance with categorical pretreatment standard deadlines, periodic self–monitoring reports, and reports on compliance with compliance schedules;
G. Failure to accurately report noncompliance; or

H. Any other violation(s) which the City Engineer determines will adversely affect the operation or implementation of the local pretreatment program.

12.06.100 - Administrative Enforcement Remedies

(1) Notification of Violation. When the City Engineer finds that a user has violated, or continues to violate, any provision of this ordinance, a wastewater discharge permit or order issued hereunder, or any other pretreatment standard or requirement, the City Engineer may serve upon that user a written Notice of Violation. Within five (5) days of the receipt of this notice, an explanation of the violation and a plan for the satisfactory correction and prevention thereof, to include specific required actions, shall be submitted by the user to the City Engineer. Submission of this plan in no way relieves the user of liability for any violations occurring before or after receipt of the Notice of Violation. Nothing in this section shall limit the authority of the City Engineer to take any action, including emergency actions or any other enforcement action, without first issuing a Notice of Violation.

(2) Consent Orders. The City Engineer may enter into Consent Orders, assurances of voluntary compliance, or other similar documents establishing an agreement with any user responsible for noncompliance. Such documents will include specific action to be taken by the user to correct the noncompliance within a time period specified by the document. Such documents shall have the same force and effect as the administrative orders issued pursuant to Sections 12.06.100 (4) and 12.06.100 (5) of this ordinance and shall be judicially enforceable.

(3) Show Cause Hearing. The City Engineer may order a user which has violated, or continues to violate, any provision of this ordinance, a wastewater discharge permit or order issued hereunder, or any other pretreatment standard or requirement, to appear before the City Engineer and show cause why the proposed enforcement action should not be taken. Notice shall be served on the user specifying the time and place for the meeting, the proposed enforcement action, the reasons for such action, and a request that the user show cause why the proposed enforcement action should not be taken. The notice of the meeting shall be served personally or by registered or certified mail (return receipt requested) at least fourteen (14) days prior to the hearing. Such notice may be served on any authorized representative of the user. A show cause hearing shall not be a bar against, or prerequisite for, taking any other action against the user.

(4) Compliance Orders. When the City Engineer finds that a user has violated, or continues to violate, any provision of this ordinance, a wastewater discharge permit or order issued hereunder, or any other pretreatment standard or requirement, the City Engineer may issue an order to the user responsible for the discharge directing that the user come into compliance within a specified time. If the user does not come into compliance within the time provided, sewer service may be discontinued unless adequate treatment facilities, devices, or other related appurtenances are installed and properly operated. Compliance orders also may contain other requirements to address the noncompliance, including additional self–monitoring and management practices designed to minimize the amount of pollutants discharged to the sewer. A compliance order may not extend the deadline for compliance established for a pretreatment standard or requirement, nor does a compliance order relieve the user of liability for any violation, including any continuing violation. Issuance of a compliance order shall not be a bar against, or a prerequisite for, taking any other action against the user.

(5) Cease and Desist Orders. When the City Engineer finds that a user has violated, or continues to violate, any provision of this ordinance, a wastewater discharge permit or order issued hereunder, or any other pretreatment standard or requirement, or that the user's past violations are likely to recur, the City Engineer may issue an order to the user directing it to cease and desist all such violations and directing the user to:

A. Immediately comply with all requirements; and

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

Issuance of a cease and desist order shall not be a bar against, or a prerequisite for, taking any other action against the user.

(6) Administrative Fines

A. When the City Engineer finds that a user has violated, or continues to violate, any provision of this ordinance, a wastewater discharge permit or order issued hereunder, or any other pretreatment standard or requirement, the City Engineer may fine such user in an amount not to exceed one thousand dollars ($1,000.00). Such fines shall be assessed on a per violation, per day basis. In the case of monthly or other long term average discharge limits, fines shall be assessed for each day during the period of violation.

B. Unpaid charges, fines, and penalties shall, after thirty (30) calendar days, be assessed an additional penalty of ten percent (10%) of the unpaid balance, and interest shall accrue thereafter at a rate of two percent (2%) per month. A lien against the user's property will be sought for unpaid charges, fines, and penalties.

C. Users desiring to dispute such fines must file a written request for the City Engineer to reconsider the fine along with full payment of the fine amount within thirty (30) days of being notified of the fine. Where a request has merit, the City Engineer may convene a hearing on the matter. In the event the user's appeal is successful, the payment, together with any interest accruing thereto, shall be returned to the user. The City Engineer may add the costs of preparing administrative enforcement actions, such as notices and orders, to the fine.

D. Issuance of an administrative fine shall not be a bar against, or a prerequisite for, taking any other action against the user.

(7) Emergency Suspensions. The City Engineer may immediately suspend a user's discharge, after informal notice to the user, whenever such suspension is necessary to stop an actual or threatened discharge which reasonably appears to present or cause an imminent or substantial endangerment to the health or welfare of persons. The City Engineer may also immediately suspend a user's discharge, after notice and opportunity to respond, that threatens to interfere with the operation of the POTW, or which presents, or may present, an endangerment to the environment.

A. Any user notified of a suspension of its discharge shall immediately stop or eliminate its contribution. In the event of a user's failure to immediately comply voluntarily with the suspension order, the City Engineer may take such steps as deemed necessary, including immediate severance of the sewer connection, to prevent or minimize damage to the POTW, its receiving stream, or endangerment to any individuals. The City Engineer may allow the user to recommence its discharge when the user has demonstrated to the satisfaction of the City Engineer that the period of endangerment has passed, unless the termination proceedings in Section 10.8 of this ordinance are initiated against the user.

B. A user that is responsible, in whole or in part, for any discharge presenting imminent endangerment shall submit a detailed written statement, describing the causes of the harmful contribution and the measures taken to prevent any future occurrence, to the City Engineer within five (5) days.

Nothing in this section shall be interpreted as requiring a hearing prior to any emergency suspension under this section.

(8) Termination of Discharge. Any user that violates the conditions in Section 12.06.050 (6) of this ordinance is subject to discharge termination. Such user will be notified of the proposed termination of its discharge and be offered an opportunity to show cause under Section 12.06.100 (3) of this ordinance why the proposed action should not be taken. Exercise of this option by the City Engineer shall not be a bar to, or a prerequisite for, taking any other action against the user.

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12.06.110 - Judicial Enforcement Remedies

(1) Injunctive Relief. When the City Engineer finds that a user has violated, or continues to violate, any provision of this ordinance, a wastewater discharge permit, or order issued hereunder, or any other pretreatment standard or requirement, the City Engineer may petition the Hood River County Circuit Court through the City Attorney for the issuance of a temporary or permanent injunction, as appropriate, which restrains or compels the specific performance of the wastewater discharge permit, order, or other requirement imposed by this ordinance on activities of the user. The City Engineer may also seek such other action as is appropriate for legal and/or equitable relief, including a requirement for the user to conduct environmental remediation. A petition for injunctive relief shall not be a bar against, or a prerequisite for, taking any other action against a user.

(2) Civil Penalties

A. A user who has violated, or continues to violate, any provision of this ordinance, a wastewater discharge permit, or order issued hereunder, or any other pretreatment standard or requirement shall be liable to the City for a civil penalty of one thousand dollars ($1,000.00) per violation, per day. In the case of a monthly or other long– term average discharge limit, penalties shall accrue for each day during the period of the violation.

B. The City Engineer may recover reasonable attorneys' fees, court costs, and other expenses associated with enforcement activities, including sampling and monitoring expenses, and the cost of any actual damages incurred by the City.

C. 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 benefit gained through the user's violation, corrective actions by the user, the compliance history of the user, and any other factor as justice requires.

D. Filing a suit for civil penalties shall not be a bar against, or a prerequisite for, taking any other action against a user.

(3) Criminal Prosecution

A. A user who willfully or negligently violates any provision of this ordinance, a wastewater discharge permit, or order issued hereunder, or any other pretreatment standard or requirement shall, upon conviction, be guilty of a misdemeanor, punishable by a fine of not less than one thousand dollars ($1,000.00) per violation, per day, or imprisonment for not more than one (1) year, or both.

B. A user who willfully or negligently introduces any substance into the POTW which causes personal injury or property damage shall, upon conviction, be guilty of a misdemeanor and be subject to a penalty of at least one thousand dollars ($1,000.00), or subject to imprisonment for not more than one (1) year, or both. This penalty shall be in addition to any other cause of action for personal injury or property damage available under State law.

C. A user who knowingly makes any false statements, representations, or certifications in any application, record, report, plan, or other documentation filed, or required to be maintained, pursuant to this ordinance, wastewater discharge permit, or order issued hereunder, or who falsifies, tampers with, or knowingly renders inaccurate any monitoring device or method required under this ordinance shall, upon conviction, be punished by a fine of not less than the one thousand dollars ($1,000.00) per violation, per day, or imprisonment for not more than one (1) year, or both.

D. In the event of a second conviction, a user shall be punished by a fine of not less than one thousand dollars ($1,000.00) per violation, per day, or imprisonment for not more than one (1) year, or both.

(4) Remedies Nonexclusive. The remedies provided for in this ordinance are not exclusive. The City Engineer may take any, all, or any combination of these actions against a noncompliant user. Enforcement of pretreatment violations will generally be in accordance with the City's enforcement response plan. However, the City Engineer may take other action against any user when the circumstances warrant. Further, the City Engineer is empowered to take more than one enforcement action against any noncompliant user.

12.06.120 - Supplemental Enforcement Action

(1) Performance Bonds. The City Engineer may decline to issue or reissue a wastewater discharge permit to any user who has failed to comply with any provision of this ordinance, a previous wastewater discharge permit, or order issued hereunder, or any other pretreatment standard or requirement, unless such user first files a satisfactory bond, payable to the City, in a sum not to exceed a value determined by the City Engineer to be necessary to achieve consistent compliance.

(2) Liability Insurance. The City Engineer may decline to issue or reissue a wastewater discharge permit to any user who has failed to comply with any provision of this ordinance, a previous wastewater discharge permit, or order issued hereunder, or any other pretreatment standard or requirement, unless the user first submits proof that it has obtained financial assurances sufficient to restore or repair damage to the POTW caused by its discharge.

(3) Water Supply Severance. Whenever a user has violated or continues to violate any provision of this ordinance, a wastewater discharge permit, or order issued hereunder, or any other pretreatment standard or requirement, water service to the user may be severed. Service will only recommence, at the user's expense, after it has satisfactorily demonstrated its ability to comply.

12.06.130 - Affirmative Defenses To Discharge Violations

(1) Upset

A. For the purposes of this section, "upset" means an exceptional incident in which there is unintentional and temporary noncompliance with categorical pretreatment standards because of factors beyond the reasonable control of the user. An upset does not include noncompliance to the extent caused by operational error, improperly designed treatment facilities, inadequate treatment facilities, lack of preventive maintenance, or careless or improper operation.

B. An upset shall constitute an affirmative defense to an action brought for noncompliance with categorical pretreatment standards if the requirements of paragraph (C), below, are met.

C. A user who wishes to establish the affirmative defense of upset shall demonstrate, through properly signed, contemporaneous operating logs, or other relevant evidence that:

(1) An upset occurred and the user can identify the cause(s) of the upset;

(2) The facility was at the time being operated in a prudent and workman–like manner and in compliance with applicable operation and maintenance procedures; and

(3) The user has submitted the following information to the City Engineer within twenty–four (24) hours of becoming aware of the upset. If this information is provided orally, a written submission must be provided within five (5) days:

(a) A description of the indirect discharge and cause of noncompliance;

(b) The period of noncompliance, including exact dates and times or, if not corrected, the anticipated time the noncompliance is expected to continue; and

(c) Steps being taken and/or planned to reduce, eliminate, and prevent recurrence of the noncompliance.

D. In any enforcement proceeding, the user seeking to establish the occurrence of an upset shall have the burden of proof.

E. Users will have the opportunity for a judicial determination on any claim of upset only in an enforcement action brought for noncompliance with categorical pretreatment standards.

F. Users shall control production of all discharges to the extent necessary to maintain compliance with categorical pretreatment standards upon reduction, loss, or failure of its treatment facility until the facility is restored or an alternative method of treatment is provided. This requirement applies in the situation where, among other things, the primary source of power of the treatment facility is reduced, lost, or fails.

(2) Prohibited Discharge Standards. A user shall have an affirmative defense to an enforcement action brought against it for noncompliance with the general prohibitions in Section 12.06.020 (1) of this ordinance if it can prove that it did not know, or have reason to know, that its discharge, alone or in conjunction with discharges from other sources, would cause pass through or interference and that either:

A. A local limit exists for each pollutant discharged and the user was in compliance with each limit directly prior to, and during, the pass through or interference; or

B. No local limit exists, but the discharge did not change substantially in nature or constituents from the user's prior discharge when the City was regularly in compliance with its NPDES permit, and in the case of interference, was in compliance with applicable sludge use or disposal requirements.

(3) Bypass

A. For the purposes of this section,

(1) "Bypass" means the intentional diversion of wastestreams from any portion of a user's treatment facility.

(2) "Severe property damage" means substantial physical damage to property, damage to the treatment facilities which causes them to become inoperable, or substantial and permanent loss of natural resources which can reasonably be expected to occur in the absence of a bypass. Severe property damage does not mean economic loss caused by delays in production.

B. A user may allow any bypass to occur which does not cause pretreatment standards or requirements to be violated, but only if it also is for essential maintenance to assure efficient operation. These bypasses are not subject to the provision of paragraphs (C) and (D) of this section.

C.

(1) If a user knows in advance of the need for a bypass, it shall submit prior notice to the City Engineer, at least ten (10) days before the date of the bypass, if possible.

(2) A user shall submit oral notice to the City Engineer of an unanticipated bypass that exceeds applicable pretreatment standards within twenty–four (24) hours from the time it becomes aware of the bypass. A written submission shall also be provided within five (5) days of the time the user becomes aware of the bypass. The written submission shall contain a description of the bypass and its cause; the duration of the bypass, including exact dates and times, and, if the bypass has not been corrected, the anticipated time it is expected to continue; and steps taken or planned to reduce, eliminate, and prevent reoccurrence of the bypass. The City Engineer may waive the written report on a case–by–case basis if the oral report has been received within twenty–four (24) hours.

D.

(1) Bypass is prohibited, and the City Engineer may take an enforcement action against a user for a bypass, unless

(a) Bypass was unavoidable to prevent loss of life, personal injury, or severe property damage;

(b) There were no feasible alternatives to the bypass, such as the use of auxiliary treatment facilities, retention of untreated wastes, or maintenance during normal periods of equipment downtime. This condition is not satisfied if adequate back–up equipment should have been installed in the exercise of reasonable engineering judgment to prevent a bypass which occurred during normal periods of equipment downtime or preventive maintenance; and

(c) The user submitted notices as required under paragraph (C) of this section.

(2) The City Engineer may approve an anticipated bypass, after considering its adverse effects, if the City Engineer determines that it will meet the three conditions listed in paragraph (D)(1) of this section.

12.06.140 - Miscellaneous Provisions

(1) Pretreatment Charges and Fees. The City may adopt, by City Council resolution, reasonable fees for reimbursement of costs of setting up and operating the City's Pretreatment Program which may include:

A. Fees for wastewater discharge permit applications including the cost of processing such applications;

B. Fees for monitoring, inspection, and surveillance procedures including the cost of collection and analyzing a user's discharge, and reviewing monitoring reports submitted by users;

C. Fees for reviewing and responding to accidental discharge procedures and construction;

D. Fees for filing appeals; and

E. Other fees as the City may deem necessary to carry out the requirements contained herein. These fees relate solely to the matters covered by this ordinance and are separate from all other fees, fines, and penalties chargeable by the City.

(2) Severability. If any provision of this ordinance is invalidated by any court of competent jurisdiction, the remaining provisions shall not be effected and shall continue in full force and effect.

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CHAPTER 12.07 – SYSTEM DEVELOPMENT CHARGES

Legislative History: Ord 1821 (2002); Ord 1692 (1993); Ord 2005 (2013)

Sections:
12.07.010 Purpose and Policy
12.07.020 Definitions
12.07.030 System Development Charge Established
12.07.040 Methodology
12.07.050 Authorized Expenditures
12.07.060 Expenditure Restrictions
12.07.070 Capital Improvement Plan
12.07.080 Calculation and Collection of SDC
12.07.090 Partial and Full Exemptions
12.07.100 Credits
12.07.110 Alternative SDC Rate Request
12.07.120 Segregation and Use of SDC Revenue
12.07.130 Appeals and Challenges 

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12.07.010  Purpose and Policy. 
A.  New development within the City of Hood River contributes to the need for capacity increases for roads and other transportation improvements, sewer, water, parks and storm water systems to serve the demand that new development places on the City’s systems and facilities.  Therefore, new development should contribute to the funding for such capacity increasing improvements.  The system development charges (SDC) provided for in this Chapter will fund a portion of the system capacity upgrades to the City’s transportation, water, sewer, and stormwater systems needed due to new development. 
B.  ORS 223.297 through 223.314 authorizes the City to impose SDC for a variety of capital improvement systems to equitably spread the costs of essential capacity increasing capital improvements to new development.
C.  SDCs for these City systems are incurred upon application to develop property for a specific use or at a specific density.  The decision regarding uses, densities, and/or intensities causes direct and proportional changes in the amount of the incurred charge.  SDC are separate from other fees provided by law or imposed as a condition of development.  An SDC is a fee for service because it contemplates a development’s receipt of municipal system services based upon the nature of that development.
D.  The SDCs imposed by this Chapter are not taxes 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 legislation implementing that section.  This Chapter does not shift, transfer or convert a government product or service, wholly or partially paid for by ad valorem property taxes, to be paid for by a fee, assessment or other charge, within the meaning of Section 11g, Article XI of the Oregon Constitution.
E.  SDCs are in addition to hook-up and similar charges required to be paid by new development to connect to public systems and facilities and are in addition to any applicable tax, assessment, charge, fee in lieu of assessment, or fee otherwise provided by law or imposed as a condition of development approval. 
F.  The funding provided by this Chapter constitutes a mandatory collection method based upon the guidelines set forth in ORS 223.297 through 223.314 to assure the construction of capacity increasing improvements to critical municipal systems and facilities that serve new development, including streets and other transportation system improvements, and similar system components of the City’s sewer, water, stormwater and parks systems.

 
12.07.020  Definitions.  For purposes of this chapter, the following definitions apply:
  
A.  “Alternative System Development Charge” means any SDC established pursuant to Section 12.07.110 of this chapter.

B.  “Applicant” means the applicant for a Permit.

C.  “Capital improvements” means facilities or assets used for:
1.  Water supply, treatment and distribution;
2.  Sanitary sewer collection, transmission, treatment and disposal;
3.  Stormwater drainage and flood control
4.  Transportation, including but not limited to streets, sidewalks, bike paths, street lights, street trees, mass public transportation, vehicle parking and bridges; or
5.  Parks and recreation, including but not limited to mini-neighborhood parks, neighborhood parks, community parks and other recreational facilities.

D.  “Change of use” means any use that substantially differs from the previous use of a building, structure, land or part thereof.  Factors to consider when identifying a change of use include the qualitative nature of the use, any relevant quantitative measure of its intensity, and its off-site effects or impacts, e.g., parking, traffic circulation, drainage, lighting, noise, landscaping, building arrangements, etc.

E.  “City Manager” means the duly appointed City Manager of the City of Hood River or that person’s designee.

F.  “Condition of Development Approval” means a city requirement imposed on an Applicant by a city land use or limited land use decision, site plan approval or building permit either by operation of law, including but not limited to the Hood River Municipal Code, rule or regulation adopted thereunder, or a condition of approval

G.  “Credit” means the amount by which an Applicant may be able to reduce the SDC fee as provided in Section 12.07.100 of this Chapter.

H.  “Development” means all improvements on a site, including buildings, other structures, parking and loading areas, landscaping, paved or graveled areas, and areas devoted to exterior display, storage or activities that have the effect of generating additional person-trips, stormwater runoff or using sanitary sewer or water.  Development includes improved open areas such as plazas and walkways, but does not include natural geologic forms or unimproved land.

I.  “Improvement Fee” means a fee for costs associated with Capital Improvements to be constructed after the date the fee is adopted pursuant to Section 12.07.040 of this Chapter.

J.  “New Development” means any Development on a site that generates person-trips to or from the site, uses water, sewer or contributes stormwater runoff from the site.  New development for purposes of this Chapter includes new construction as well as interior remodeling and any change in use.

K.  “Over Capacity” means that portion of an improvement that is built larger or with greater capacity (over capacity) than is necessary to serve the Applicant’s New Development or mitigate for Capital Improvement system impacts attributable to the Applicant’s New Development.  There is a presumption that improvements built to the City’s minimum standards are required to serve the Applicant’s New Development and to mitigate for Capital Improvement system impacts attributable to the Applicant’s New Development and have no increment of Over Capacity.

L.  “Parcel” means a lot, parcel, block or other tract of land that is or could be occupied by one or more structure or use, including common areas, yards and other open spaces that may be required under the zoning, subdivision or other development regulations.

M.  “Permit” means a building permit, trade or structural specialty permit issued by the City Building Official pursuant to the State of Oregon Structural Specialty Code, as amended, and the State of Oregon Residential Specialty Code, as amended.  In addition, Permit shall mean a Manufactured Home Installation Permit issued by the City Building Official relating to the placement of a manufactured home in the City.  In addition, Permit shall mean a grading permit or other authorization from the City to grade, pave, create or increase an impervious surface.


N.  “Person-trip” means the number of trips generated by a use (trips to plus trips from) multiplied by the number of people making the trip.  Such trips include all modes of transportation, including walking, transit, bicycle and motor vehicle.

O.  “Plan” means the Capital Improvement Plan or Capital Facilities Plan adopted by the city pursuant to Section 12.07.070 of this chapter.
P.  “Previous Use” means the most recent lawful permitted use conducted at a particular parcel, building or part thereof regardless of how long ago the use was conducted.  Where the Previous Use of a site or building was composed of a primary or dominant use with other ancillary or secondary uses, the City may regard the primary use to be the sole use of the entire site or building for purposes of this Chapter.  In the case of new construction or an existing building that has never been used, it shall be presumed there was no Previous Use.  Where the most recent Previous Use failed to obtain necessary land use or building permits, it is not deemed lawful.
 Q.  “Proposed Use” means the use proposed by the Applicant for a New Development.  Where the Applicant proposes several different uses (mixed use) for the New Development then, for purposes of this Chapter, all of the specific use categories shall be considered.  Where the proposed use is composed of a primary use with one or more ancillary uses that support the primary proposed use and are owned and operated in common, that primary use shall be deemed to be the sole proposed use of the property for purposes of this chapter

R.  “Qualified Public Improvement” means a capital improvement that is required as a condition of development approval, identified in the Plan adopted pursuant to Section 12.07.070 of this Chapter, and is either:
1.  Not located on or contiguous to the property that is the subject of development approval; or
2.  Located in whole or in part on, or contiguous to, the property that is the subject of development approval and is required to be built larger or with greater capacity than is necessary for the particular development project to which the improvement fee is related.

S.  “Reimbursement Fee” means a fee for costs associated with Capital Improvements constructed or under construction on the date the fee is adopted pursuant to Section 12.07.040 . 

T.  “Systems Development Charge” or “SDC” means a reimbursement fee, an improvement fee or a combination thereof assessed or collected at any of the times specified in Section 12.07.030 .  It shall also include that portion of a water or sanitary sewer system connection charge that is greater than the amount necessary to reimburse the City for its average cost of inspection and installing connections with water and sanitary sewer facilities.  “Systems 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 cost of complying with requirements or conditions imposed by a land use decision.  An SDC imposed under this chapter is in addition to any connection fees that may be charged for a property, structure or tenant to connect to a public service or facility.

12.07.030  System Development Charges Established. 
A.  Unless otherwise exempted by the provisions of this Chapter or any other applicable local or state law, a SDC is hereby imposed upon all New Development within the City, and upon all development outside the boundary of the City that connects to, contributes to the need for, or otherwise uses city water, sanitary sewer, stormwater drainage and flood control, transportation or parks and recreation facilities.  SDCs shall be due and payable at the point in time at which the development imposes new or increased demand upon these public improvement systems, upon issuance of a Permit, upon the commencement of a change of use that does not require a Permit, whichever occurs first.  Depending upon the circumstances, the City Manager may allow deferment of actual payment of an SDC until a later time, but only with appropriate financial guarantees.

B.  SDCs for each type of capital improvement shall be established and may be revised from time to time by resolution of the council.  The resolution shall set the amount of the charge, the type of permit to which the charge applies, the methodology used to set the amount of the charge, and if the charge applies to a geographic area smaller than the entire city, the geographic area subject to the charge.

C. Once paid, an SDC remains with the property that incurred the charge and imposed the demand or impact on the City’s capital improvement system(s).  SDCs are not personal and shall not be transferred to another or different property.

12.07.040  Methodology.
A.  The methodology used to establish and calculate a reimbursement fee shall be based on ratemaking principles employed to finance publicly owned capital improvements, prior contributions by then-existing users, gifts or grants from federal or state government or private persons, the value of unused capacity available to future system users or the cost of the existing facilities, and other relevant factors identified by the City Council.  The methodology shall promote the objective that future system users shall contribute no more than an equitable share of the cost of then-existing facilities and shall be available for public inspection.
 
B.  The methodology used to establish an improvement fee shall demonstrate consideration of the projected cost of capital improvements identified in the Plan and list adopted pursuant to Section 12.07.070 that are needed to increase the capacity of the systems to which the fee is related and for which the need for increased system capacity will be required to serve the demands placed on the system by future users.  Improvement fees shall be calculated to obtain the cost of capital improvements for the projected need for available system capacity for future users.

C.  The methodology shall also provide for SDC credit for Qualified Public Improvements as authorized in Section 12.07.100.

D.  Except when authorized in a methodology adopted pursuant to this section, any fees imposed or required to be paid, assessed or collected as part of a local improvement district or a charge in lieu of a local improvement district assessment shall not be used as a credit against any SDC.  The cost of complying with requirements or Conditions of Development Approval imposed by a land use decision shall not be creditable against any SDC unless eligible for SDC credit under Section 12.07.100 of this Chapter.

E.  The methodology used to establish the Improvement Fee or the Reimbursement Fee, or both, shall be adopted by resolution by the Council and may be amended from time to time.  All New Development shall be subject to an SDC and any methodology in place at the time the Applicant applies for a Permit.  Neither this Chapter nor an SDC methodology shall be considered land use standards or criteria for purposes of ORS 227.178(3).

F.  The City shall maintain a list of people and organizations that have made a written request for notification prior to adoption or amendment of a methodology for any SDC.  Written notice shall be mailed to people and organizations on the list at least 90 days prior to the first hearing to establish or modify a SDC, and the methodology supporting the adoption or amendment shall be available at least 60 days prior to the first hearing to adopt or amend.  The failure of a person or organization on the list to receive a notice that was mailed shall not invalidate the City’s subsequent action.  The City may periodically delete names from the list, but at least 30 days prior to removing a name from the list the City must 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 notification list.  A change in the amount of a reimbursement fee or an improvement fee is not a modification of the SDC methodology if the change in amount is based on a change in cost of materials, labor or real property applied to projects or project capacity as set forth on the list adopted pursuant to Section 12.07.070 or the periodic application of one or more specific cost indices published by a recognized organization or agency and is incorporated as part of the established methodology or identified and adopted in a separate ordinance, resolution, or order.

12.07.050  Authorized Expenditures.
A.  Reimbursement fees.  Reimbursement Fees shall be applied only to Capital Improvements (and not operating expenses) associated with the systems for which the fees are assessed, including expenditures relating to repayment of indebtedness.

B.  Improvement Fees.
1.  Improvement fees shall be spent only on capacity increasing Capital Improvements, including expenditures relating to repayment of debt for the improvements.  An increase in system capacity may be established if a Capital Improvement increases the level of performance or service provided by existing facilities or provides new facilities.  The portion of the improvements funded by Improvement Fees must be related to the need for increased capacity to provide service for future users.
2.  A Capital Improvement being funded wholly or in part from revenues derived from the Improvement Fee shall be included in the plan adopted by the city pursuant to Section 12.07.070.
3.  Notwithstanding subsections 12.07.050(B)(1) and (2), SDC revenues may be expended on the costs of complying with the provisions of subsections 12.07.050(B)(1), including the costs of developing SDC methodologies and providing an annual accounting of SDC expenditures.

12.07.060  Expenditure Restrictions.  SDCs shall not be expended for:
A.  Costs associated with the construction of administrative office facilities that are more than an incidental part of other Capital Improvements; or

B.  Costs of the operation or routine maintenance of Capital Improvements.

12.07.070  Capital Improvement Plan.  Each SDC collected by the city shall be based upon a Capital Improvement Plan adopted for each Capital Improvement system that:
A.  Lists the capital improvements that may be funded with Improvement Fee revenues;
 
B.  Lists the estimated cost, and percentage of costs eligible to be funded with revenues from the Improvement Fee for each improvement; and

C.  Describes the process for modifying the Plan.  If a SDC will be increased by a proposed modification of the list to include a capacity increasing Capital Improvement, the City shall provide, at least 30 days prior to the adoption of the modification, notice of the proposed modification to the people and organizations that have requested written notice under Section 12.07.040(F).  The City shall hold a public hearing if a written request for a hearing on the proposed modification is received within seven days of the date the proposed modification is scheduled for adoption.

12.07.080  Calculation and Collection of SDC.
A.  All Applicants for New Development shall pay all applicable SDCs, and all such SDCs shall be due and payable at the time of issuance of a Permit or whenever there is a change of use of a parcel or building, or part thereof that does not involve issuance of a Permit.

B.  Unless a particular Capital Improvement SDC methodology provides otherwise, the City shall use the following means of measuring the demand or impact that a particular use will have on the City’s systems:
1.  For transportation system impacts, the City shall rely upon the number of person-trips generated by the proposed new use (and previous use) according to the use categories in the current version of the ITE Trip Generation Manual or other comparable compilation of national average person-trips generated by different use classifications.
2.  For water system impacts, the City shall rely upon the meter size serving the use and/or an average equivalent dwelling unit (EDU) calculation.
3.  For stormwater and drainage system impacts, the City shall rely upon the amount of impervious surface that contributes stormwater run off to the City’s stormwater collection and disposal system.
4.  For sanitary sewer system impacts, the City shall rely upon the average equivalent dwelling unit (EDU) calculation.
5.  For park system impacts, the City shall rely upon the number of residents or employees at the site.

C.  When the New Development constitutes a change or an enlargement of a Previous Use of the parcel, including a change in use or tenant within a multi-tenant building, the New Development shall trigger an SDC review and calculation under the current methodologies.
1.  If the Proposed Use results in a greater demand or impact on a city Capital Improvement system under the current applicable methodology than for the Previous Use (e.g., the new use generates a larger number of person-trips than did the previous use), the Applicant shall pay the difference between the SDC rate ascribed to the Previous Use and the calculated SDC attributable to the Proposed Use.  In the case of new construction or a building where there has been no Previous Use, the New Development shall pay the full amount of all SDCs attributable to the use proposed for the New Development.
2.  If the Proposed Use results in a lower demand or impact on a city Capital Improvement system (e.g., a smaller number of person-trips) under the current applicable methodology than for the Previous Use, no further SDC shall be due, but no refund shall be paid to the applicant.
3.  It shall be the Applicant’s burden to prove and document the existence and extent of the Previous Use.
4.  Where the New Development is a change in use or tenant for only part of a multi-tenant building, the SDC can be calculated and paid for only the particular space involved.

E.  If New Development is commenced or connection is made to the water, sanitary sewer, stormwater drainage or transportation systems without first obtaining a Permit, where one is required, all applicable SDCs shall be due and payable immediately upon the earliest date that a Permit was required.

F.  The City Building Permit Department shall collect the applicable SDC(s) from the Applicant or person responsible for or receiving the benefit of the New Development in accordance with this Section.  No Department of the City shall issue any Permit or allow connection to a City Capital Improvement system until all applicable SDCs have been paid in full or, at the City Manager’s option, future payment is financially guaranteed under such terms as the City Manager deems reasonable.

G.  The obligation to pay an unpaid SDC and interest thereon shall be secured by property, bond, deposits, letter of credit or other security acceptable to the City Manager.

H.  If an SDC is not paid upon issuance of a Permit or the Applicant is otherwise allowed to defer or pay an SDC in installments, the obligation shall include the following amounts added to the principal amount due:
1.  Interest on the obligation at 9% annual simple interest;
2.  All costs associated with processing the particular form of security, such as title insurance, escrow fees, recording costs, collection costs and any other expense incurred by the City in connection with the security;
3.  Any and all costs, as determined by the City Manager, incurred in establishing payment schedules and administering the collections process;
4.  When the charge is secured by bond pursuant to ORS 223.205 to 223.295, all costs associated with administering the bond assessment program and issuing the bonds, as determined by the City Manager;
5.  The intent of this subsection is to recognize that the payment of an SDC by installments increases the administrative expense to the City.  It is the intent of this subsection to shift that added expense to the applicant, so that the City will not lose SDC revenue by accepting installment payments on such charges.  Subject to the provisions of subsection 12.07.080(F), all costs added to the SDC will be determined by the City Manager.

12.07.090  Partial and Full Exemptions.  The uses listed and described in this section shall be exempt, either partially or fully, from payment of one or more SDCs that are otherwise due.  Any Applicant seeking an exemption under this Section shall specifically request that exemption within 180 days after issuance of a Permit for the New Development.  Where New Development consists of only part of one or more of the uses described in this section, only that/those portion(s) of the development that qualify under this section are eligible for an exemption.  The balance of the New Development that does not qualify for any exemption under this section shall be subject to the full SDC.  Should the Applicant dispute any decision by the City regarding an exemption request, the Applicant must apply for an Alternative Exemption Determination under Section 12.07.110.  The Applicant has the burden of proving entitlement to any exemption so requested.
  
A.  Any use allowed by the City pursuant to a Transient Use Permit or a Special Event Permit.
  
B.  Low income housing that receives federal funding, whether directly or through tax credits, and for which a deed restriction is recorded for each housing unit that preserves the unit as affordable housing for no less than 40 years.
  
C.  Alteration permits for tenant improvements, new construction or remodeling are exempt where
 
1.  no additional dwellings are created.  Dwelling means any building or portion thereof that serves or could serve as a separate living facility, with areas for sleeping, eating, cooking and sanitation; or
  
2.  if the New Development is not reasonably expected to result in an increase in person-trips as compared to the trip generation of the previous use, it is exempt from transportation SDC.
  
D.  The construction of accessory buildings or structures that will not create additional dwelling units or do not create additional demands on the City’s Capital Improvement systems.
 
E.  For New Development that includes a mix of exempt and non-exempt forms of development, the applicable exemption(s) shall apply only to that portion of the New Development to which the exemption applies.

12.07.100  Credits.  The City shall grant a credit against an SDC that is otherwise assessed for a New Development, for any Qualified Public Improvement constructed or dedicated as part of that New Development.  The Applicant bears the burden of proof and persuasion in establishing entitlement to an SDC Credit and to a particular value of SDC Credit.
  
A.  To obtain an SDC Credit, the Applicant must specifically request a credit within 180 days after Permit issuance for the New Development.  In the request, the Applicant must identify the improvement(s) for which credit is sought and explain how the improvement(s) meet the requirements for a Qualified Public Improvement.  The Applicant shall also document, with credible evidence, the value of the improvement(s) for which credit is sought.  If, in the City Manager’s opinion, the improvement(s) are Qualified Public Improvement, and the City Manager concurs with the proposed value of the improvement(s), an SDC Credit shall be granted.  The value of SDC Credits under this Section shall be determined by the City Manager based on the cost of the Qualified Public Improvement, or the value of land dedicated, as follows:

1.  For dedicated lands, value shall be based upon a written appraisal of fair market value by a qualified, professional appraiser based upon comparable sales of similar property between unrelated parties in an arms-length transaction;
  
2.  For improvements yet to be constructed, value shall be based upon the anticipated cost of construction.  Any such cost estimates shall be certified by a professional architect or engineer or based on a fixed price bid from a contractor ready and able to construct the improvement(s) for which SDC Credit is sought;
 
3.  For improvements already constructed, value shall be based on the actual cost of construction as verified by receipts submitted by the Applicant;
 
4.  For all improvements for which credit is sought, only the fraction of Over Capacity in the Qualified Public Improvement is eligible for SDC Credit.  There is a presumption that improvements built to the City’s minimum standards are required to serve the Applicant’s New Development and to mitigate for transportation system impacts attributable to the Applicant’s New Development and therefore have no increment of Over Capacity;
 
B.  The City Manager will respond to the Applicant’s written credit request within 21 days of when the request is submitted.  The City Manager shall provide a written explanation of the decision on the SDC Credit request.
  
C.  If an Applicant disputes the City Manager’s decision with regard to an SDC Credit request, including the amount of the credit, the Applicant may appeal the City Manager’s decision to the City Council pursuant to Section 12.07.130.  Any such appeal must be filed with the City Recorder in writing within 14 calendar days of the City Manager’s written decision on the credit request.
  
D.  In no event shall the amount of an SDC Credit approved by the City Manager under this Section exceed the amount of the SDC assessed by the City upon a New Development.  In no event shall the City issue or be liable for a refund when the value of a credit-worthy Qualified Public Improvement exceeds any SDC assessed for a New Development.

12.07.110  Alternative SDC Rate Request:
 
A.  An Applicant may dispute an SDC rate calculation if the Applicant believes that the impact of the New Development is less than the impact assumed by the City based on the City’s adopted SDC methodology.  An Applicant may dispute an SDC exemption determination if the Applicant believes that the New Development qualifies for exemption under Section 12.07.090.  To challenge an SDC rate calculation or exemption determination, the Applicant must submit such a request under this section, within 180 days after issuance of a Permit for the New Development.  The City shall not entertain any such a request filed after 180 days after issuance of a Permit for the New Development.  Upon the timely request for an alternative SDC rate calculation or exemption determination, the City Manager shall review the Applicant’s calculations and supporting evidence and make a determination within 21 days of submittal as to whether the Applicant’s request satisfies the requirements of this Section:

1.  Transportation SDC:  If the Applicant believes the number of trips generated by the New Development is less than the number of trips estimated by the City’s established transportation SDC methodology, including the assumed Person-trip generation, the Applicant must provide complete and detailed documentation, including verifiable trip generation data, analyzed and certified to by a Professional Traffic Engineer.  The Applicant’s supporting documentation must rely upon generally accepted sampling methods, sources of information, cost analysis, traffic and growth projections and techniques of analysis as a means of supporting the proposed alternative SDC rate.  The proposed Alternative SDC Rate calculation shall include an explanation by a registered engineer explaining with particularity why the rate established in the City’s transportation SDC methodology does not accurately reflect the New Development’s impact on the City’s capital improvements and that the Applicant’s alternative trip generation profile better or more accurately reflects the New Development’s trip generation.

2.  Water and Sewer SDC:  If the Applicant believes its New Development will use significantly less water or generate significantly less sanitary sewage than the amounts assumed in the City’s adopted water and sanitary sewer SDC methodologies, the Applicant must provide complete and detailed documentation certified to by a Professional Engineer that unusual or innovative fixtures, and water use and water recapture methods will be employed.  To document that significantly less water will be used, the Applicant shall document that the New Development will use a water meter at least one size smaller than a comparable conventional New Development would use.  To document that significantly less sanitary sewage will be generated, the Applicant shall document that the New Development will generate no more than 50% of the sewage generated by a comparable conventional New Development.

3. Stormwater Drainage and Flood Control SDC:  If the Applicant believes its New Development will generate significantly less stormwater runoff than the volume assumed in the City’s adopted stormwater SDC methodology, the Applicant must provide complete and detailed documentation certified to by a Professional Engineer as to the innovative stormwater capture, retention and reuse methods that will be employed to retain on site all stormwater runoff and that none will be released or discharged off-site into the City’s stormwater system.

B.  The City Manager shall apply the Alternative SDC Rate if, in the City Manager’s opinion, all of the following circumstances are found to exist:
 
1.  The evidence and assumptions underlying the Alternative SDC Rate are reasonable, correct and credible and were gathered and analyzed by a suitable, competent professional in compliance with generally accepted engineering principles and methodologies and consistent with this Section, and
  
2.  The calculation of the proposed Alternative SDC rate was by a generally accepted methodology and any innovative designs, systems or techniques are reasonable, proven and likely to function as designed, and
 
3.  The proposed alternative SDC rate better or more realistically reflects the actual impact of the New Development than the rate derived from use of the City’s SDC methodology.
 
C.  The City Manager shall approve, reject or modify the Applicant’s requested SDC calculation or exemption request and provide a written response to the Applicant’s request explaining the basis for the decision.
 
12.07.120  Segregation and Use of SDC Revenue.
A.  All funds derived from a particular type of SDC are to be segregated by accounting practices from all other funds of the City.  That portion of the SDC calculated and collected on account of a specific facility system shall be used for no purpose other than those allowed in Sections 12.07.050 and 12.07.060.
 
B.  The City Finance Director shall provide the City Council with an annual accounting, based on the City’s fiscal year, for SDCs showing the total amount of systems development charge revenues collected for each type of facility and the projects funded from each account.

12.07.130  Appeals and Challenges.  This section provides the exclusive means for any appeal or legal challenge to the City’s adoption or revision of an SDC methodology, expenditure of SDC revenues, or determination of an SDC rate or credit.

A.  Appeal of an SDC Expenditure:  An appeal of an expenditure must be filed within two years of the date of the alleged improper expenditure.  The City Council shall determine whether the challenged expenditure complies with the requirements of this Chapter and ORS 223.297 to 223.314 and may affirm, modify or overrule the decision.  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.

B.  Appeal of an SDC Methodology:  Legal action challenging an SDC methodology adopted by the Council pursuant to Section 12.07.040 shall not be filed later than 60 days after the date of adoption, and shall be contested according to the procedure set forth in ORS 34.010 to 34.100, and not otherwise.

C.  Appeal of an SDC Calculation or Credit Determination:  A mandatory prerequisite to an appeal of an SDC calculation or SDC credit determination is that the Applicant has first sought an alternative SDC rate determination under Section 12.07.110 or applied for SDC Credit under Section 12.07.100. 
1.  Legal action challenging the City Manager’s SDC calculation or a SDC credit determination shall be filed with the City Recorder no later than 14 days following the date of the City Manager’s challenged SDC calculation or SDC credit determination.  The Applicant shall submit a non-refundable fee of $250 for any appeal pursuant to this subsection, which must accompany the appeal.  No such appeal shall be considered filed or received until such fee is paid in full.

2.  Only the Applicant may appeal an SDC calculation or SDC credit determination, and the City Council shall determine whether the City Manager’s decision with regard to the SDC calculation or SDC credit determination was consistent with the requirements of this Chapter, the applicable methodology and ORS 223.297 through 223.314.  The Applicant has the burden of demonstrating with particularity, based on credible professional reports, that the rate established in the applicable SDC methodology does not accurately reflect the impact of this particular New Development on the City’s Capital Improvement system or facilities at issue.  With regard to a challenge to an SDC credit determination, the Applicant has the burden of providing credible cost estimates, certified by an appropriate professional, demonstrating that the Qualified Public Improvement offered for credit is in fact a “qualified public improvement” and has a higher value or larger increment of Over Capacity than found by the City Manager.

3.  The City shall withhold all permits and other approvals applicable to the Applicant's parcel for the New Development pending resolution of all appeals under this Chapter unless the SDC is paid in full or the Applicant provides a financial guarantee or security for the charge in a form acceptable to the City Attorney for the pendency of the appeal.


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CHAPTER 12.08 – CROSS-CONNECTION CONTROL

Legislative History: Ord. 1814 (2001); Ord. 1875 (2005)

Sections:
12.08.010 Definitions
12.08.020 Purpose
12.08.030 Application and Responsibilities
12.08.040 Cross Connections Regulated
12.08.050 Backflow Prevention Assembly Requirements
12.08.060 New Construction
12.08.070 Retrofitting
12.08.080 Lawn Irrigation
12.08.090 Thermal Expansion
12.08.100 Wholesale Customers
12.08.110 Mobile Units
12.08.120 Installation Requirements
12.08.130 Effects of Backflow Assembly Installation
12.08.140 Fire Systems
12.08.150 Plumbing Code
12.08.160 Access to Premises
12.08.170 Annual Testing and Repairs
12.08.180 Responsibilities of Backflow Prevention Assembly Testers
12.08.190 Costs of Compliance
12.08.200 Termination of Service
12.08.210 Notification of Water Treatment

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12.08.010 Definitions.  For the purposes of this Chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.  If a word or term used in this Chapter is not contained in the following list, its definition, or other technical terms used, shall have the meanings or definitions listed in the most recent edition of the Manual of Cross Connection Control published by the Foundation for Cross Connection Control and Hydraulic Research, University of Southern California (“USC”).

“APPROVED BACKFLOW PREVENTION ASSEMBLY” or “BACKFLOW ASSEMBLY” or “ASSEMBLY” means an assembly to counteract backpressure and/or prevent back-siphonage.  This assembly must appear on the list of approved assemblies issued by the Oregon State Health Division.

“AUXILIARY SUPPLY” means any water source or system other than the City’s water.

“BACKFLOW” means the flow in the direction opposite to the normal flow or the introduction of any foreign liquids, gases, or substances into the water system of the City of Hood River.
“CERTIFIED CROSS CONNECTION SPECIALIST” or “SPECIALIST” means a person who has successfully completed and maintains all requirements as established by the DHS to be a Specialist in the state of Oregon.

“CERTIFIED BACKFLOW ASSEMBLY TESTER” means a person who has successfully completed and maintains all requirements as established by the DHS to be a tester in the state of Oregon.

“CITY” means the City of Hood River.

“CITY WATER SYSTEM” shall refer to and mean the City of Hood River’s Water System, which shall include, it’s wells, pumping stations, reservoirs, supply, trunk or feeder lines, service lines, meters and all other appurtenances, device lines and things necessary to the operation of the system and to supply water service to individual property or premise and shall include the City’s potable water with which the system is supplied.

“CONTAMINATION” means the entry into or presence in a public water supply system of any substance which may be deleterious to health and/or quality of the water.

“CROSS CONNECTION” means any physical arrangement where a potable water supply is connected, directly or indirectly, with any other non-drinkable water system or auxiliary system, sewer, drain conduit, swimming pool, storage reservoir, plumbing fixture, swamp coolers, or any other device which contains, or may contain, contaminated water, sewage, or other liquid of unknown or unsafe quality which may be capable of imparting contamination to the public water system as a result of backflow.  Bypass arrangements, jumper connections, removable sections, swivel or changeover devices, or other temporary or permanent devices through which or because of which backflow may occur, are considered to be cross connections.

“DEGREE OF HAZARD” means the LOW or HIGH HAZARD classification that shall be attached to all actual or potential cross connections.

“DHS” means the State of Oregon Department of Human Services.

”DIRECTOR” means the Public Works Director or his/her designee.

“DOUBLE CHECK VALVE BACKFLOW PREVENTION ASSEMBLY” or “DOUBLE CHECK ASSEMBLY” or “DOUBLE CHECK” means an assembly which consists of two (2) independently operating check valves which are spring-loaded or weighted.  The assembly comes complete with a shut-off valve on each side of the checks, as well as test cocks to test the checks for tightness.


“HEALTH HAZARD” means an actual or potential threat of contamination of a physical, chemical, or biological nature to the public potable water system or the consumer's potable water system that would be a danger to health.

“NON-HEALTH HAZARD (POLLUTION)” means an impairment of the quality of the water to a degree that does not create a hazard to the public health, but does adversely affect the aesthetic qualities of such water for potable use.

“OAR” means Oregon Administrative Rules.

“POINT OF USE ISOLATION” means the appropriate backflow prevention within the consumer's water system at the point at which the actual or potential cross connection exists.

“POLLUTION HAZARD” means an actual or potential threat to the physical properties of the water system or the potability of the public or the consumer's potable water system, but which would not constitute a health or system hazard, as defined.  The maximum intensity of pollution to which the potable water system could be degraded under this definition would cause a nuisance or be aesthetically objectionable or could cause minor damage to the system or its appurtenances.

“POTABLE WATER SUPPLY” means any system of water supply intended or used for human consumption or other domestic use.

“PREMISES” or “PREMISE” means any piece of property to which water is provided, including, but not limited to, all improvements, mobile structures and structures located on it.

“PREMISE ISOLATION” means the appropriate backflow prevention at the service connection between the public water system and the premises.

“REDUCED PRESSURE PRINCIPLE BACKFLOW PREVENTION ASSEMBLY” or “REDUCED PRESSURE PRINCIPLE ASSEMBLY” or “RP ASSEMBLY” means an assembly containing two independently-acting approved check valves together with a hydraulically-operated, mechanically-independent pressure differential relief valve located between the check valves, and at the same time, below the first check valve.  The assembly shall include properly located test cocks and two tightly closing shut-off valves.

“RESIDENT” means a person or persons living within the territory served by the City of Hood River.

“RETROFITTING” means to furnish a service connection with parts or equipment made available after the time of construction or assembly installation.

“THERMAL EXPANSION” means the pressure created by the expansion of heated water.

12.08.020 Purpose.  The purpose of this Chapter is to protect the water supply of the City of Hood River from contamination or pollution due to any existing or potential cross connections and to comply with OAR 333-061-0070, 0071, 0072, 0072 and 0074 as presently in effect or as hereafter amended.

12.08.030 Application and Responsibilities.  This Chapter applies throughout the City of Hood River and to every premise and property served by the City of Hood River Water System.  It applies to any premise, public or private, regardless of date of connection to the City water.  Every owner, occupant and person in control of any concerned premise is responsible for compliance with the terms and provisions contained herein.

12.08.040 Cross Connections Regulated.

A. No cross connections shall be created, installed, used or maintained within the territory served by the City, except in accordance with this Chapter.

B. The Director shall carry out or cause inspections to be carried out to determine if any actual or potential cross connection exists.  If found necessary, an assembly commensurate with the degree of hazard will be required to be installed at the service connection.

C. The owner, occupant and person in control is responsible for all cross connection control within the premises.

D. The use of any type of chemical spray attachment connected to the premise plumbing, including garden hose fertilizers and pesticide applicators, is prohibited within the City’s water system without proper protection from the potential of backflow occurring.

E. The use of any type of radiator flush kits attached to the premise plumbing is prohibited within the City’s water system without proper protection from backflow occurring.

F. All premises which appear on Table 1 of Chapter 333-061 of the OAR will be required to have a RP assembly at the service connection.

12.08.050 Backflow Prevention Assembly Requirements.  A Specialist employed by or under contract with the City shall determine the type of backflow assemblies to be installed within the City’s water service area.  All assemblies shall be installed at the service connection unless it is determined by the Specialist and approved by the Director that it should be installed at the point of use.  An assembly shall be required in each of the following circumstances, but the Director is not limited to just these circumstances:

1. When the nature and extent of any activity at a premises, or the materials used in connection with any activity at a premises, or materials stored at a premises, could contaminate or pollute the potable water supply.
2. When a premises has one (1) or more cross connections as that term is defined in this Chapter.
3. When internal cross connections are present that are not correctable.
4. When intricate plumbing arrangements are present that make it impractical to ascertain whether cross connections exist.
5. When the premises has a repeated history of cross connections being established or re-established.
6. When entry to the premises is restricted so that inspections for cross connections cannot be made with sufficient frequency to assure that cross connections do not exist.
7. When materials are being used such that, if backflow should occur, a health hazard could result.
8. When an appropriate cross connection survey report form has not been filed with the Director.
9. Any and all used water return systems.
10. If a point-of-use assembly that is protecting the City’s distribution system has not been tested or repaired as required by this Chapter, the installation of a reduced pressure principle assembly will be required at the service connection.
11. When there is upon the premises an auxiliary water supply that is or can be connected to the City’s service or supply system.
12. All multi-story buildings and any building with a booster pump or elevated storage tank.
13. There is piping or equipment for conveying liquids other than potable City water and that piping or other equipment is under pressure and installed and operated in a manner that could cause a cross connection.
14. All services 2” or larger.
15. When installation of an approved backflow prevention assembly is deemed by a Specialist to be necessary to accomplish the purpose of these regulations.

12.08.060 New Construction.

A. In all new nonresidential construction, an approved backflow assembly shall be installed at the service connection. The type of the assembly will be commensurate with the degree of hazard as determined by a Specialist.

B. When a building is constructed on commercial premises, and the end use of the building is not determined or could change, a reduced pressure principle backflow prevention assembly shall be installed at the service connection to provide protection of the public water supply in the event of the most hazardous use of the building.

12.08.070 Retrofitting.  Retrofitting shall be required on all service connections where an actual or potential cross connection exists, and wherever else the City deems retrofitting necessary.

12.08.080 Lawn Irrigation.  All lawn irrigation systems shall be protected with a minimum of a double check valve assembly.  In the event any system is equipped with an injector system or has submerged heads, a reduced pressure principle assembly will be required.

12.08.090 Thermal Expansion.  It is the responsibility of the property owner, the lessee, and person in control of the property to eliminate the possibility of damage from thermal expansion, if a closed system has been created by the installation of a backflow prevention assembly.

12.08.100 Wholesale Customers.  Any customer that has a contract for water services with the City must have an active, ongoing cross connection program.  The cross connection program must be approved by the Director.  The Director reserves the right to require a reduced pressure principle assembly at the interconnect.

12.08.110 Mobile Units.  Any mobile unit or apparatus which uses the City’s water, or water from any premises within the City’s system, shall first obtain written permission and pay all required fees.  Water can only be obtained from the hydrant specified by the City.  Fees will be set by Council Resolution.

12.08.120 Installation Requirements.  All backflow prevention assembly installations shall follow the requirements set forth in the Oregon Administrative Rules (OAR) 333-061-0070 and OAR 333-061-0071, or as amended. The type of backflow prevention assembly required shall be commensurate with the degree of hazard that exists and must, at all times, meet the standards of the DHS; all backflow prevention assemblies required under this section shall be of a type and model approved by the DHS.  In the event a premises isolation assembly is allowed to be installed inside the building, there will be no connections made between the assembly and the meter.

12.08.130 Effects of Backflow Assembly Installation.  The City shall in no way be responsible or held liable for any decrease in water pressure or other negative effect caused by the installation of a backflow assembly.

12.08.140 Fire System.  An approved double check detector assembly shall be the minimum protection on fire sprinkler systems using piping material that is not approved for potable water use and does not provide for periodic flow through during each 24 hour period.  A reduced pressure principle detector assembly (“RPDA”) must be installed if any solution other than the potable water can be introduced into the fire sprinkler system.

12.08.150 Plumbing Code.  As a condition of water service, customers shall install, maintain, and operate their piping and plumbing systems in accordance with the Oregon Specialty Plumbing Code, or as amended.  If there is a conflict between this Chapter and the Plumbing Code, the more restrictive provision shall apply.

12.08.160 Access To Premises.  Authorized City personnel shall have access during reasonable hours to all parts of a premise and within the structure to which water is supplied. However, if any owner, occupant or person in control refuses authorized personnel access to a premise, or to the interior of a structure, during these hours for inspection, a reduced pressure principle assembly must be installed at the service connection to that premise.

12.08.170 Annual Testing and Repairs.  The owner of the property served by the City shall have any assemblies tested immediately upon installation, and at least annually thereafter by a Certified Backflow Prevention Assembly Tester.  All such assemblies found not functioning properly shall be promptly repaired or replaced at the expense of the owner, occupant or person in control.  In the event an assembly is moved, repaired or replaced it must be retested immediately.  If any such assembly is not promptly repaired or replaced, the Director may deny or discontinue water service to the premise.

12.08.180 Responsibilities of Backflow Prevention Assembly Testers.

A. All backflow assembly testers operating within Hood River shall be certified in accordance with all applicable regulations of the DHS.

B. Persons certified as backflow prevention assembly testers shall agree to abide by all requirements of the United States Occupational Safety and Health Administration (“OSHA”); and have completed confined space entry training to enter any confined space within the City.

C. No person shall operate as a backflow prevention assembly tester within Hood River without first being annually registered with the Director.

D. At the time of registration, recertification, and/or upon the Director's request, each person certified as a backflow prevention assembly tester shall furnish evidence to show that he/she is insured and bonded to perform services, has a current valid DHS backflow assembly tester certification, and have proof of gauge accuracy verification within the past year.

E. All test reports must be turned into the City within 10 days following the completion of the test.

12.08.190 Costs of Compliance.  All costs associated with purchase, installation, inspections, testing, replacement, maintenance, parts, and repairs of the backflow prevention assembly are the financial responsibility of the property owner.

12.08.200 Termination of Service.  Failure on the part of any owner, occupant or person in control to install an approved backflow device, conduct an annual test on a backflow device, or to discontinue the use of all cross connections and to physically separate cross connections in accordance with this Chapter is sufficient cause for the immediate discontinuance of public water service to the premises.

12.08.210 Notification of Water Treatment.  Whenever any water user or the owner of the premises obtaining water from the City water system treats the water in any way or adds any chemical to the water before the water exits the premises’ plumbing, they shall notify the City in advance of doing so.

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CHAPTER 12.09 - ADMINISTRATIVE ANNEXATION

Legislative History: Ord 1821 (2002)*; Ord. 1877 (2005)

*Note: Ord 1821 identified Administrative Annexation as Chapter 12.08; however, Chapter 12.08 had already been adopted as Cross-Connection. An administrative change was made to Ordinance 1821 to codify Administrative Annexation as Chapter 12.09

Sections:
12.09.010 Consent to Annexation Required for Service Provided Outside of City Limits.
12.09.020 Annexation of Contiguous Property.
12.09.030 Annexation Terms and Conditions

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12.09.010 Annexation or Consent to Annexation Required for Service Provided Outside of City Limits.

A. Prior to any connection to the city water system, wastewater system, or storm water system outside city limits, a consent to annexation shall be provided to the city and recorded in the deed records of Hood River County, for all premises which may be served by the connection(s).

B. If connection to the city water system, wastewater system or storm water system was initially made without providing a legal consent to annexation for the premises served, a consent to annexation shall be required as a condition of any further development of the premises that increases the use of the city water system, wastewater system or storm water system.

C. In lieu of a consent to annexation, the city may require annexation as a condition of connection to the city water system, wastewater system, or storm water system for premises contiguous to city limits, or separated from the city only by a public right of way, stream, or other body of water.  Annexation may be conditioned upon such conditions of approval as the city considers necessary.

D. The consent to annexation shall be on forms provided by the city.  The owner of the property shall cause the consent to annexation to be recorded in the deed records of Hood River County and shall be responsible for paying the recording fees.

12.09.020 Annexation of Contiguous Property.

A. Any parcel contiguous to city limits, or separated from the city only by a public right of way, stream, or other body of water, for which the city has received a consent to annexation pursuant to this title or otherwise in exchange for provision of extraterritorial water, wastewater or storm water service, or is being annexed as a condition of approval pursuant to Section 12.09.010(C), shall be annexed into the city pursuant to the provisions of this chapter and the applicable provisions of Title 17 of this code.


12.09.030 Annexation Terms and Conditions.

A. The Council shall, by resolution, set the fees and related terms and conditions for annexations under Section 12.09.020, for connection to the water, wastewater and storm water systems, and for consents to annexation.  This section does not affect the authority provided under Title 17 to condition approval of an annexation.

 

 

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