A.   Applicability: All "users", which are connected to the sewer, including, but not limited to, all subdivisions, single-family residences, condominiums, industrial, commercial, residential, recreational vehicle, and townhouse developments.
   B.   Use Of Public Sewers: The use of the public sewers and collector systems of the City of Hayden shall be in accordance with the following requirements:
      1.   No person shall discharge or cause to be discharged any stormwater, ground water, roof runoff, surface or subsurface drainage, uncontaminated cooling water, or unpolluted industrial process waters to any sanitary sewer.
      2.   Stormwater and all other unpolluted drainage shall be discharged in accordance with the City of Hayden Stormwater Ordinance.
      3.   No person shall discharge or cause to be discharged any of the following described waters or wastes to any public sewer:
         a.   Septic tank effluent and/or septage (solids pumped from septic tanks, holding tanks and RV tanks).
         b.   Any gasoline, benzene, naphtha, fuel oil, or other flammable or explosive liquid, solid, or gas.
         c.   Any waters or wastes containing toxic or poisonous solids, liquids, organic chemicals, or gases in sufficient quantity (either singly or by interaction with other wastes) to injure or interfere with any sewage disposal process, constitute any hazard to humans or animals, create a public nuisance, or create any hazard in the receiving waters of the sewage treatment plant.
         d.   Any waters or wastes having a pH lower than 5.5 or greater than 8.0 or having any other corrosive property capable of causing damage or hazard to structures, equipment, and personnel of the sewage works.
         e.   Solid or viscous substances in quantities or of such size capable of causing obstruction to flow in sewers or other interference with the proper operation of the sewage works such as, but not limited to, ashes, cinders, sand, mud, straw, shavings, metal, glass, rags, feathers, tar, plastics, wood, unground garbage, whole blood, paunch manure, hair and fleshings, entrails, animal wastes, paper dishes, cups, milk containers, etc., either whole or ground by garbage grinders.
      4.   Wastes, in particular fats, oils, and grease (FOG), shall not be discharged by nonresidential sewer users at concentrations in excess of one hundred fifty milligrams per liter (150 mg/L). The City of Hayden will periodically sample the effluent from nonresidential users to check for compliance. If the user fails to meet the one hundred fifty milligrams per liter (150 mg/L) requirement, the discharge will be retested no sooner than two (2) weeks but within one month of the violation, at the expense of the sewer user, and thereafter on a continuing monthly basis until compliance with the standard is achieved or a date of compliance is established with the City inspector to include the name of the contractor who will be performing the necessary modifications. Newly constructed restaurants, delicatessens, schools, etc., will install separation equipment adequate to ensure that they must meet the one hundred fifty milligrams per liter (150 mg/L) limit as a precondition to passing their final plumbing inspection.
      5.   No person shall discharge or cause to be discharged the following described substances, materials, and wastes if it appears likely in the opinion of the City that such wastes can harm either the sewers, regional facility or equipment, have an adverse effect on the receiving stream or ground water or can otherwise endanger life, limb, public property, or constitute a nuisance. In forming its opinion as to the acceptability of these wastes, the City will give consideration to such factors as the quantities of subject wastes in relation to flows and velocities in the sewers, materials of construction of the sewers, nature of the sewage disposal process, capacity of the sewage disposal system, and other pertinent factors. The substances prohibited are those listed as hazardous wastes by the Environmental Protection Agency (EPA) in the EPA priority pollutant list, or other substances deemed unacceptable by the City, the Panhandle Health District, or the Idaho Department of Health and Welfare, Division of Environmental Quality.
      6.   The City has the right to refuse connection to the sewerage system when the system is not in compliance with State, Federal or local laws or regulations.
      7.   At the time of connecting to the system, the property owner shall pay a stub installation fee, set by the City Council, for any existing stub or shall pay for a stub to be installed if a stub needs to be installed to connect the building sewer to the system, unless the installation of the stub was accomplished through a Local Improvement District in which the owner of the property participated.
   C.   Sewer User Charges For Operation, Maintenance And Replacement Of Sewerage System:
      1.   Purpose: There is hereby established a system of periodic service charges and fees in order to equitably impose upon all users of public sewerage systems the costs and expenses of maintenance, operation, replacement and other expenditures of the sewerage system. Said service charges and fees for purposes of computation shall be based upon: a) the volume and content of the effluent discharged into the sewerage system of the City; and b) the actual and expected costs and expenses of maintenance, operation, replacement, upgrading and repair of the sewerage system, such charges and fees being determined to be the benefit derived by each building, structure or user of the collector system and regional facility.
      2.   User Fee: All users shall be charged an appropriate user fee at such time as the user connects to the system. The user fee shall be based upon the following:
         a.   Minimum Service Unit: The basic minimum service unit shall be for a single-family dwelling. A single-family residence, each unit in a multi-unit dwelling, and each mobile home in a public and private mobile home park shall be assessed the minimum service unit.
         b.   Water Usage Fee: All other users shall be charged a fee in such a manner as to approximate the potential wastewater service requirements, based upon information available to the City regarding the water usage for that user or similar users.
         c.   Flow Factors: The City shall have authority, but not the obligation, to adjust flow factors according to particular special circumstances; provided, however, that flow factors will not be reduced based upon claims of seasonal use or vacancy of a particular user.
         d.   Pretreatment: Any user that discharges industrial wastes or other pollutants may be assessed a surcharge on waste flows containing those pollutants and shall pretreat the waste prior to discharge.
      3.   Connection:
         a.   When the installation of the sewer line has been accomplished through a Local Improvement District, all residential, commercial, public or industrial users shall connect to the sewer within one year after the sewer service line becomes available. This includes all units in a multi-unit dwelling, all units in a PUD, and all manufactured/mobile homes in a mobile home park. Failure to connect to the sewer within the one year period shall be a violation of this chapter.
         b.   If sewer line extension is the result of private development or an LID, the City may prepay for any stubs that the City deems reasonably necessary to serve adjacent lands and the owner of the adjacent land shall pay to the City the installation fee set by the City Council when the connection occurs or the property is sold. The owner of the property adjacent to the sewer infrastructure shall be required to connect to the sewer when the land is developed (expansion of an existing structure in an amount equal to twenty five percent (25%) or more of the existing floor space, subdivision or new construction which changes use) or if the existing septic system fails. Failure to connect to the sewer shall be a violation of this chapter.
      4.   Billing And Payment:
         a.   User charges billed on a periodic basis as determined by the City, shall be due to the City within thirty (30) days of billing. Delinquent bills may be assessed late fees on the unpaid balance as set by resolution.
         b.   Billings for accounts shall be in the name and mailing address of the owner. A letter of agreement executed by the owner requesting sewer service and accepting responsibility for sewer charges shall be submitted by the owner prior to connection to the sewer system and at the time of change of ownership in order to continue sewer service to the property.
         c.   The owner in whose name the billing is currently being sent shall be responsible to provide to the City the name and address of any new owner of the property when a transfer of ownership is made.
         d.   The owner of any such premises using the sanitary sewer system shall be liable for all fees and charges assessed by the City. Such charges shall become a lien upon and against the property against which the charge or fee is levied to the extent permitted by law in the State of Idaho. In case of nonpayment or delinquency in the payment of the sewer charges of the fees imposed, the City is authorized upon ten (10) days' notice to the owner, occupant, or person in charge of premises, to discontinue sewer service and such sewer service shall remain discontinued until such fees, including a fee for reestablishment of service has been paid to the City. All fees herein shall be at the discretion of the City Council. Said fees shall be set by Council resolution.
      5.   Delegation: The City hereby reserves the right to delegate administration, performance of operation and maintenance, and user charge collections to the regional board or to such other third party as may be deemed appropriate in the discretion of the City.
      6.   Revisions And Appeals To User Charge: Revisions to user charges shall be based upon total daily flow to the public sewerage system as measured by a sewer meter or a water meter. Any user may appeal the flow factor or user charge to the City Administrator within ninety (90) days of the mailing date on the bill for service that is being disputed. The notice of appeal shall be in writing, shall contain a factual basis and relevant supporting data for the appeal, and shall be submitted to the City Clerk. The City Administrator shall have the power to approve, amend, or deny the appeal and the decision of the Administrator shall be final. The user charge may be updated as necessary to reflect actual costs.
      7.   Flow Factor: The City reserves the right to adjust a particular flow factor from time to time (both with respect to adjustment of capitalization fees and with respect to assessment of greater or lesser O&M charges) in the case of a change in use or discharge of a particular user. The City may negotiate the flow calculation for a new connection and adjust the value after a reasonable period to verify actual use (typically 2 years), or upon the receipt of other relevant supporting data. (Ord. 349, 9-17-2003; amd. Ord. 543, 1-27-2015; Ord. 596, 5-24-2019; Ord. 605, 1-14-2020)