(A) Permit required. No unauthorized person shall uncover make any connections with or opening into, use, alter or disturb any public sewer or appurtenance thereof without first obtaining a written permit from the city. Exceptions may be allowed for a property owner to clean out their own line on their property if there is an issue with the physical integrity of the line or there is a blockage as discussed in § 50.03(H)(2) and (H)(3).
(B) Classifications; equivalent residential units; application; fee.
(1) There shall be two classes of sewer connections to be known as "residential" and "commercial". Each connection type shall be measured by ERUs (equivalent residential units). Each residence served by the wastewater system will be considered to be a "residential" connection and will be considered to be equal to one ERU. In cases where there is more than one dwelling unit in a residence each will be counted as a separate ERU. Each establishment served by the city's wastewater system that is not residential in nature will be considered a "commercial" connection charged equal to the average number of ERUs of flow contributed to the system. In the city, an ERU is equal to 10,000 gallons per month.
(2) Prior to connecting to the wastewater system, a preliminary study shall be conducted to determine the ERU value for each "commercial" connection. One year from the date the connection occurs, actual flows shall be used to confirm the ERU value for the connection. The flow data will be updated annually.
(3) In every case, the owner or agent shall make application on a form obtained from the city. The permit application shall be supplemented by any plans, specifications or other information considered pertinent in the judgment of the superintendent.
(4) A fee for sewer connection permits and inspections shall be set by resolution of the City Council.
(C) Mandatory connection; penalty.
(1) Each person owning, occupying or having an interest in any structure in the city, the property line of which is within 300 feet of the sewer line shall connect to the sewer system upon an application in the form hereinafter set out.
(2) It shall be a Class B misdemeanor or a misdemeanor as declared by state law or county ordinance for any person to fail to connect to the sewer system who is the occupant, owner or user of any structure whose outermost property line is within 300 feet of the sewer system by a fine of not less than $50 for each day of violation, and each day of failure to connect shall be deemed a separate offense. In cases where connection would create an inordinate burden, the City Council may waive this requirement.
(3) Each individual connection to the sewer system shall execute an application on a form provided by the city.
(D) Rates, fees and charges for sewer services.
(1) The governing body will, in order to promote equity in distribution of operation and maintenance costs, and for no other purpose, establish rates based entirely upon metered winter usage, effluent strength, or solely upon the basis as defined herein above or upon an equitable combination or any of those so that the costs of operation and maintenance reflected in rates will be equitably distributed among those based upon their usage of and benefit received from the system.
(2) The rates for connecting to and use on monthly or any other basis will be fixed and amended by resolution or amending this subchapter.
(E) Installation of building sewer. All costs and expenses incidental to the installation and connection of the building sewer shall be borne by the owner. The owner shall indemnify the city from any loss or damage that may directly or indirectly be occasioned by the installation of the building sewer.
(F) Separate and independent building sewer required; exception. A separate and independent building sewer shall be provided for every building; except where one building stands at the rear of another on an interior lot and no private sewer is available or can be constructed to the rear building through an adjoining alley, court, yard or driveway, the building sewer from the front building may be extended to the rear building and the whole system will be considered as one building sewer. The city does not and will not assume any obligation or responsibility for damage caused by or resulting from any such single connection as described herein.
(G) Construction code compliance. The size, slope, alignment, materials or construction of all sanitary sewers, including building sewers, and the methods to be used in excavating, placing of the pipe, jointing, testing and backfilling the trench, shall all conform to the requirements of the Building and Plumbing Code or other applicable rules and regulations of the city and the state. In the absence of these code provisions or in amplification thereof, the materials of the ASTM and WPCF Manual of Practice No. 9 shall apply.
(H) Elevation. Whenever possible, the building sewer shall be brought from the building at an elevation below the basement floor. In all buildings in which any building drain is too low to permit gravity flow to the public sewer, sanitary sewage carried by such building drain shall be lifted by an approved means and discharged to the building sewer. Where such means are necessary, the owner shall be responsible for all installations, maintenance and operating costs for their operation.
(I) Surface runoff or ground water. No person shall make connection of roof downspouts, foundation drains, field drains, or other sources of surface runoff or ground water, to a building sewer or building drain which in turn is connected directly or indirectly to a public sanitary sewer unless such connection is approved by the city and the Utah State Department of Environmental Quality for purposes of disposal of polluted surface drainage.
(J) Connection code requirements. The connection of the building sewer into the public sewer shall conform to the requirements of the Building and Plumbing Code or other applicable rules and regulations of the city, and the state, or the procedures set forth in appropriate specifications of nationally recognized publications of what are known as the ASTM and the WPCF Manual of Practice No. 9. All such connections shall be made gastight and watertight. Any deviation from the prescribed procedures and materials must be approved by the city before installation.
(K) Excavations; protection. All excavation for building sewer installation shall be adequately guarded with barricades and lights, and meet all OSHA standards inside the trench, so as to protect the public from hazard. Streets, sidewalks, parkways and other public property disturbed in the course of the work shall be restored in a manner satisfactory to the city.
(L) Responsibility for payment.
(1) Irrespective of the occupant, user, tenant, cotenant, permissive user, or any other person, firm, partnership, corporation or entity being in possession of the premises to which a connection is supplied or service made available, the owner of the premises according to the records of the County Recorder shall be legally responsible for the payment of all charges, fees, assessments and any other payment or obligation or liability of a user. If any delinquent sewer connection, sewer user charge, repairs, maintenance or any other obligation is imposed against any premises, property, buildings or structures the obligation shall be deemed by the city as an obligation of the owner of the real property on which any use is made from a sewer connection. Water services to delinquent property shall be turned off by the city for failure to pay any and all sewage and wastewater fees assessments, charges or liability and will not be turned on again to those premises where a delinquency occurs unless and until all liabilities to the city for sewer service are paid in full or a payment plan is developed and approved at the discretion of the City Council.
(2) All payments for utilities, whether "water" or "sewer" shall be credited first to sewer assessments, fees or charges.
(M) Interest charge on delinquent or past due connection fees. The Mayor and City Council may at their discretion and in circumstances that are equitable, impose interest at the rate of 10% on all past due accounts either for connection fees, user charges, maintenance repair or any other charge which is provided for imposed or authorized by this subchapter.
(N) Notification of rate. Each user will be notified at least annually, in conjunction with a regular bill, of the rate and that portion of the user charges which are attributable to wastewater treatment services operation and maintenance (O&M) vs. debt service.
(Ord. 2010-003, passed 3-9-2010; Ord. 2010-003, passed 6-11-2019) Penalty, see §
50.99