A. Purpose and general requirements. This Section provides requirements for permitting, constructing, and inspecting of system improvements, and inspection of small activity construction. Prior to any system improvement construction activity, or connection to the PSCS, an appropriate County construction permit is required.
1. Liability. An applicant and its contractor are jointly and severally liable to the County for any damage to the PSCS caused by activities of the applicant or its contractor when constructing a system improvement or when conducting construction activities in proximity to or on the PSCS.
2. Discharges prohibited. Unauthorized discharge to the PSCS from a new or modified system improvement is prohibited prior to transfer of the system improvement to the County. An applicant or applicant's contractor that allows unauthorized sewage flow into or through a system improvement, prior to transfer to the County, may be required to clean the affected length of the system improvement and take any other actions as directed by the Department to restore the interior of the system improvement to a like-new condition.
3. Indemnification. As a condition of any permit to work within a public right of way or utility easement, the applicant will indemnify, defend and hold harmless the County, its officers, departments, employees, and agents from and against any and all suits, actions, legal or administrative proceedings, claims, demands, or damages of any kind or nature arising out of the exercise of the permit which are attributed to any act or omission of the applicant, its agents, employees, or anyone acting under its direction, control, or on its behalf. In the event suit will be brought and the County is named as a defendant, all costs for counsel, either house counsel or retained counsel, and any other court costs associated with defending itself will be paid by the applicant.
4. Warranty. The seller shall warrant all contributed infrastructure of the Public Sewage Conveyance System be free from any failures or defects due to poor workmanship, design, or materials. Contractors installing public sewage infrastructure, contracted through Pima County, are not under obligation to warrant design. Work that does not comply is considered defective. Should any failure or defect appear within a period of two (2) years from the date of transfer to County, seller agrees to make necessary repairs as determined by County in accordance with County-approved sewer improvement plans, and in accordance with Pima County Engineering Design Standards, and Standard Specifications and Details for Construction, at the sole cost of seller. Should the seller fail to promptly correct any failure or defect, County may take whatever actions it deems necessary to remedy the failure or defect and the seller will promptly reimburse County for any expenses or damages it incurs if seller does not correct the failure or defect. Aside from seller's obligation to make corrections within that two (2)-year period, nothing contained in this section shall be construed to establish a period of limitation with respect to seller's liability for any failures or defects found under the contract.
B. System improvement construction permit.
1. A system improvement will be permitted, inspected, and tested following Department procedures prior to transfer to County ownership.
2. A system improvement construction permit is valid for two (2) years or the term of the ADEQ construction authorization, whichever expires first.
3. The system improvement construction permit may not be renewed.
4. Work that does not meet the approved construction documents, engineering design standards, standard specifications and details for construction, or submittals is subject to rejection.
5. During the construction of the system improvement, the contractor will provide OSHA- compliant access to the trench, installed pipe, and appurtenances to allow for inspections by the Department or, as appropriate, the local governmental jurisdiction, prior to closing the excavation. Failure to provide access may cause re-excavation of work at the contractor's expense.
6. Stop construction order. "Stop Construction Order" means a verbal or written order given to the contractor's senior on-site representative.
a. The County is empowered to issue a stop construction order for a specific construction activity, task, or entire project when just cause requires the County to:
i. Protect public health or safety or the state of the environment;
ii. Prevent the introduction of unallowable (in type and/or quantity) foreign material into the PSCS to the detriment of the PSCS or its ability to convey or treat sewage;
iii. Prevent the immediate introduction of any surface water to the PSCS;
iv. Prevent damage to PSCS from construction activities.
b. The contractor's failure to comply with a stop construction order will result in a judicial action for injunctive relief.
C. Small activity construction permit.
1. All small activity construction on the PSCS must be permitted, inspected, and tested consistent with Department procedures.
2. During construction, the contractor will provide OSHA-compliant access to the trench for inspection of the service lateral tap, manhole, and pipe work.
3. Work that does not meet the approved construction documents, standard specifications and details for construction, or submittals is subject to rejection.
4. Stop construction order. When just cause requires the County to protect public health or safety or the state of the environment or to prevent damage to the PSCS, the County is empowered to issue a stop construction order. The contractor's failure to comply with a stop construction order will result in a judicial action for injunctive relief.
(Ord. No. 2023-9 § 2, 2023; Ord. 2019-20 § 1 (part), 2019)