A. General Provisions
1. Purpose
The purpose of this section is to provide for the orderly development of an area-wide Water Reclamation System which will collect, treat, and reuse the public's sewerage in a manner that will protect the public health, safety and welfare, be compatible with the environment, and minimize the economic impact on the users of the Water Reclamation System. Its purpose is also to manage and control the use of the Water Reclamation System in accordance with all Federal, State, and local laws, rules, and regulations.
2. Administration and Enforcement
The administration and enforcement of this section shall be the responsibility of the City Engineer, unless otherwise specifically assigned herein or elsewhere in the City Code or Development Code. The City Clerk is responsible for the collection and the Finance Manager is responsible for the accounting of all revenues, reserves, and expenditures as provided by this section.
3. Application
Unless otherwise specifically provided herein, the provisions of this section shall apply to any development within the area assigned by the Arizona Department of Environmental Quality (ADEQ) or other appropriate authority of the State of Arizona to the City of Sierra Vista, as Wastewater Manager, and to any sewer user connected to the wastewater system owned and operated by the City of Sierra Vista. The provisions of this section are not intended to conflict, nor shall they supersede, any Federal or State law to the contrary. Any provisions herein which may conflict with Federal or State Law shall be resolved in favor of the controlling or applicable Federal or State provision.
4. Fees
The fees and charges provided in this section are in addition to any fees, charges, or assessments required by Section 151.08.007.F, any plumbing permit fees, any building permit fees, or to any other fees, charges, assessments or taxes that may be legally due and owing to the City.
B. Definitions
1. Sewage is any liquid lawfully discharged into the City's sewer system and becomes the property of the City upon entrance to any sewage collection pipe owned by the City.
2. Sewer System/Water Reclamation System is used interchangeably to describe all the sewage collection, treatment, and disposal facilities owned by the City.
C. Ownership of Sewerage Facilities
1. Public Ownership
The City shall own and have exclusive control of all sewer facilities installed pursuant to this Code upon completion of construction in conformity with plans and specifications approved by the City and upon acceptance by the City of the sewerage facilities for maintenance, except as provided in paragraph 2., "Private Ownership," below. The City Sewer Enterprise will operate and maintain all sewerage facilities owned by the City that are located within a public right-of- way or easement.
2. Private Ownership
Sewage and plumbing facilities intended for the private use of an individual owner upstream from the point of connection to the public sewer system, as determined by the City, shall be owned, operated, and maintained by the property owner in accordance with all applicable laws, rules and regulations. Such private sewage and plumbing facilities shall include: House service connection lines, building sewers, pre-treatment facilities, septic tanks, leach fields, plumbing and fixtures inside a building and other similar facilities located upstream from the point of connection to the public sewer system. For private ownership to occur for facilities larger than 4-inch house connect services, it shall be demonstrated that the responsible party has capabilities or can obtain the means to properly service the system for scheduled and emergency repair and maintenance.
3. Right-of-Way Required
Any person constructing or causing the construction of any sewerage facilities to be owned by the City, shall obtain and dedicate to the public any right-of-way or public easements determined by the City to be necessary for the construction, operation, and maintenance of such sewer facilities. All required dedications shall be made prior to the connection of any sewer facilities to the City Water Reclamation System. A minimum 20-foot sewer easement shall be provided to the City. Easements for sewer facilities shall not be part of any private lot where a manhole is required within the lot. Sewer facilities in easements across private property shall be avoided.
4. Ownership Condition of Service
Provision of right-of-way or easements and City ownership of sewer facilities as required above is a condition for connecting to, or using, the City Water Reclamation System, to the provision of sewer service and to approving any reimbursement agreement. Connection to, or causing the connection to, the City Water Reclamation System shall be considered a transfer of ownership as required above, and an acceptance by the property owners and any subsequent user of the system of the obligations and requirements of this section of the Code.
D. Sewer Facilities Required
1. Connection to Public System Required
The owner of any property where sewage is generated shall be connected to a public sewer system approved by ADEQ, unless specifically allowed by this section to be connected to a private sewer system (septic tank) approved by the County.Connection to a public sewer system shall be made at the nearest usable sewer as determined by the City Engineer and at the owners' sole expense. The property owner shall pay all assessments and charges due and owing, and shall enter into a contract provided by the City for service, before connecting to, or using, the City Water Reclamation System.
The "nearest usable City sewer," as used in this section, shall mean a sewer which has sufficient capacity, for the sewer's full length to an adequate treatment facility, to accept the sewerage projected by the most current City Sewer Master Plan to be generated from the sewer's service area under full build out (saturation) conditions.
2. Temporary Connection to Private System Allowed
Property may be allowed by the City Engineer to connect to a private sewer system (septic tank) approved by the County where the following situations exist:
a. Property where all buildings were constructed and allowed to connect to a private sewer system by the City or County under the authority of previously adopted laws, rules, or regulations, unless a change in use has occurred which results in a total average daily sewerage flow greater than 200 gallons per day, or the sewerage is characterized as having a strength greater than "domestic" sewage as determined by the City, or unless the health official appointed by the County has determined that the existing private sewerage system is, or has the potential to create, a health hazard.
b. Property outside the City which has been exempted from the requirement to connect to a public sewer system by the health official appointed by the County.
c. The service connection fee is more than $6,000 for a dwelling or $10 times the daily design flow in gallons for a source other than a dwelling and the cost of constructing the sewer from the wastewater source to the service connection is more than $3,000 for a dwelling or $5 times the daily design flow in gallons for a source other than a dwelling.
E. Design and Construction of Sewerage Facilities
1. Design Documents
All sewerage facilities to be connected to, and to become a part of, the City Water reclamation System shall be designed and constructed in conformance with the following documents as they may exist in the Section 208 area plan, or may be amended in the future.
a. The Waste Water Management and Sewerage Master Plan adopted by the City Council.
b. Engineering Bulletin 11 and all other applicable laws, rules, and regulations of the Arizona Department of Environmental Quality.
c. Uniform Standard Specification for Public Works Construction and the Uniform Standard Details for Public Works Construction as compiled by the Maricopa Association of Governments.
d. City of Sierra Vista, Public Works Engineering Design Standards and Drawings as compiled by the City Engineer.
2. Document Conflict
In case of conflict between the referenced documents, the City Engineer shall determine the applicable design or construction requirement. In general, the more stringent or conservative requirement will be applied.
3. Engineer Required
Any person desiring to construct public sewerage facilities and connect to the City Water Reclamation System must employ a Professional Engineer registered by the State of Arizona to perform sewer design and construction services. The Professional Engineer must prepare plans and specifications for the construction of the sewerage facilities and submit them through the Director of Community Development for approval by the City Engineer. Construction of sewerage facilities cannot begin until the plans and specifications have been approved by the City Engineer and Arizona Department of Environmental Quality and a Sewer Extension Agreement provided by the City has been executed by the property owner constructing the sewerage facilities and the City.
The Professional Engineer must perform construction engineering services to assure the sewer facilities are constructed in accordance with the approved plans and specifications. Construction engineering services include field surveillance of the contractors activity and inspection and testing of construction procedures and materials. All construction engineering services are subject to review and approval by the City Engineer. The Professional Engineer shall submit to the City Engineer copies of all materials testing reports and weekly inspection reports during the progress of the work.
Upon completion of the work, the Professional Engineer shall submit to the City Engineer "as- built" plans depicting the sewer facilities as they were constructed, and a certification that the sewer facilities have been constructed in substantial conformity with the plans and specifications. Upon receipt of such plans and certifications and a determination that the sewer facilities have been properly constructed, the City Engineer shall notify the Department of Public Works that the sewer facilities can be accepted for maintenance. Upon completion of the work, the contractor performing the work, and the person causing the work to be done, shall submit to the Director of Community Development satisfactory assurance that the sewer facilities are free of any liens or encumbrances and are guaranteed against any defects in materials or workmanship for a period of two years. All submittals must be made and approved by the Director of Community Development and all required right-of-way or easements must be provided to the Director of Community Development before the sewer facilities can be accepted for maintenance by the City or used by any property owner.
4. Special Provisions
a. A separate, private sewer connection to a public sewer shall be provided for each building and for each separate ownership within a building. Ownership of a building by a condominium association will be considered a single ownership for the purposes of this provision. In a commercial or mixed-use development, combined private connection may occur if an approved maintenance agreement is put into effect where all possible parties are obligated to participate and funding of maintenance improvements is included.
b. No private sewer connection will be permitted to a public sewer larger than 10 inches in diameter without a manhole, unless approved by the City Engineer.
c. All private sewer connections shall be constructed with a clean-out and a serviceable back flow prevention valve per the Sierra Vista Engineering Design and Construction Standards.
d. In conformance with ARS 40-360.22 all lateral sewer lines, in the City right-of-way, shall be identified by installing a 14 AWG copper wire with green type UF insulation, the full length of the lateral, secured every 10-feet, and terminated at a clean-out riser and meter box at finish grade.
e. Sewer backflow devices shall be located where they will be accessible for inspection and repair at all times and, unless continuously exposed, shall be enclosed in a below ground pit fitted with an adequately sized removable cover.
The backflow device shall be located at the connection of the building drain and the house connect service sewer line. A clean-out shall be located on each side of, directed away from, the backflow device.
f. On residential installations, the backflow device pit may be omitted provided the top of the backflow device is not deeper than four feet below grade, the ground above the device can be readily excavated, and a clean-out cover identifies the device location.
g. No private sewer connection lines will be constructed parallel to any public right-of-way or easement lines, or otherwise be designed in an effort to avoid a property owner's obligation to construct the minimum sewer facility to serve the owner’s property.
h. Any user connected to the City wastewater system that discharges grease or any other substance that causes or is likely to cause sewer stoppages, as determined by the City, shall install and properly maintain a grease interceptor or other approved pre-treatment method to prevent such occurrences in accordance with Chapter 50 of the City Code of Ordinances and the Public Works Engineering Standards.
i. Where preliminary treatment or flow-equalizing facilities are provided for any waters or wastes, they shall be maintained continuously in satisfactory and effective operation by the owner at his/her expense.
j. When required by the Director of Public Works, the owner of any property serviced by a building sewer carrying industrial wastes shall install a suitable control manhole together with such necessary meters and other appurtenances in the building sewer to facilitate observation, sampling, and measurement of the wastes. Such manhole, when required, shall be accessibly and safely located, and shall be constructed in accordance with plans approved by the Director of Community Development. The manhole shall be installed by the owner at his/her expense and shall be maintained by him/her so as to be safe and accessible at all times.
F. Financing Sewer Facilities - General
1. Financial Responsibilities
The City Water Reclamation System is a user-financed, publicly owned and operated municipal utility system called a Sewer Enterprise. A user of the Water Reclamation System is the owner of any property where sewage is generated, and who is required to connect to the City Water Reclamation System in accordance with the provisions of Chapter 50, Sewers, of the City’s Code of Ordinances. Each user is responsible for funding an equitable share of the capital assets of the system, of the operating and maintenance costs of the system, and of any other costs or liabilities of the system that may be incurred in the process of collecting, transporting, treating and reusing sewage in accordance with this code.
a. Sewer Facilities to extend the collection and transportation system are financed and constructed solely by a property owner and are considered to only benefit the property owner constructing the sewer facility. No costs for constructing Sewer Facilities are recovered because they are considered part of the property owners' equitable share contribution to the capital assets of the Sewer Enterprise.
b. Replacement & Augmentation Sewer Facilities intended to replace worn out or poorly designed or constructed portions of the existing collection and transportation system are financed and constructed by the Sewer Enterprise and are considered to indirectly benefit all users of the City Water Reclamation System. All costs for constructing Replacement Sewer Facilities are accumulated and/or recovered from all property owners/users as monthly Capital Service Charges. The Sewer Enterprise is required to develop a financial plan and assess charges to fund Replacement Facilities for the collection and transportation system.
('76 Code, Art. 12-1) (Ord. 743, passed 4-10-86; Am. Ord. 854, passed 1-25-90; Am. Ord. 875, 1-10-91; Am. Ord. 956, passed 8-11-94; Am. Ord. 988, passed 9-28-95; Am. Ord. 1043, passed 9-11-97; Am. Ord. 1049, passed 11-13-97; Am. Ord. 2003-021, passed 11-25-03: Am. Ord. 2012-004, passed 6-28-12; Am. Ord. 2018-002, passed 3-22-18)