Chapter 14.04 Sewage--General Provisions

Sections:

14.04.010 Definitions
14.04.020 Connection--Required.
14.04.030 Sewage rental collection--Disconnection for nonpayment.
14.04.040 Sewer rate schedule
14.04.050 Sewer connections and extensions.
14.04.055 Sewer connection and extension permit fee.
14.04.060 Disposition of revenue.
14.04.070 Destruction of private sewage disposal systems.
14.04.080 Sewage or industrial waste disposal permit-- Requirements.
14.04.090 Discharge of surface drainage into public sewer.
14.04.100 Appeals - Board of Appeals; notice of appeal.
14.04.105 Appeals - procedure.
14.04.110 Appeal to Superior Court.
14.04.115 Extraterritorial services.
14.04.120 Rule making authority.

14.04.010 Definitions. For the purposes of this chapter the following words and phrases shall have the meanings respectively ascribed to them by this section:
a. "Apartment" means a room or suite of rooms occupied by one family doing its cooking therein.
b. "Automobile camp" means land or premises used for occupancy by campers traveling by automobile or otherwise, or for occupancy by trailers, tents or movable or temporary dwellings, rooms or sleeping quarters of any kind.
c. "Automobile court" means a group of two or more detached or semi-detached buildings, containing guest rooms or apartments with automobile storage space, serving such rooms or apartments provided in connection therewith, or without such automobile storage space, which group is used primarily for the accommodation of automobile travelers; including such groups designated as to cabin, motor lodge, motel or by similar designations.
d. "Biochemical oxygen demand" or "BOD" means the quantity of oxygen utilized in the biochemical oxidation of organic matter under standard procedure in five days at 20 degrees Centigrade, expressed in milligrams per liter.
e. "Club" means an association primarily organized for some common, nonprofit purpose, including lodges and fraternal orders, but not including groups organized primarily to render a service which is customarily carried on as a business.
f. "Domestic sewage" means waste containing human or animal excretion, other than industrial waste.
g. "Dwelling" or "dwelling unit" means any building or portion thereof which contains living facilities, including provisions for sleeping, eating, cooking, and sanitation, for not more than one family.
h. "Industrial Plant" means a plant or works producing waste material, other than domestic sewage.
I. "Industrial waste" means liquid or solids contained within a liquid, other than domestic sewage.
j. "Mobile home park" means a parcel of land developed and operated as a unit with individual sites and facilities to accommodate two or more mobile homes. .
k. "Multiple family dwelling" means a building or portion thereof designed for occupancy by three or more families living independently in separate dwelling units which may or may not share common entrances and/or other spaces.
l. "Single family dwelling" means a detached dwelling unit with kitchen and sleeping facilities, designed for occupancy by one family.
m. "Premises" means a lot, parcel of land, building or establishment.
n. "Sewage" means a combination of liquid- or water- carried human waste conducted away from residences, business building and institutions, which is known as domestic sewage, together with the liquid- or water- carried waste resulting from a manufacturing process employed in industrial establishments, including the washing, cleaning or drain water from such process or establishment, which is known as industrial waste.
o. "Sewer connection" means that part of the sewage collection system between the sewer main and the abutting property.
p. "Sewer extension" means that part of the sewage collection system extending from the sewer connection system into the premises served.
q. "Duplex dwelling" means a building designed or arranged to be occupied by two families living independently, the structure having only two dwelling units. (Ord. 95-21(S) Sections 5, 6, 8, 9, and 14, 1995; Ord. 90-24(A), 1990)

14.04.020 Connection--Required. a. No person shall erect any dwelling or commercial or industrial building, except as such may be specifically exempted under the City Code, without providing sewage facilities and connection to the City sewer system; provided, that such connection need not be made if the proposed alternative sanitary facility shall have been approved by the Alaska Department of Environmental Conservation as providing adequate disposal of wastes and continues to function as approved.
b. After October 1, 1973, no person shall occupy and no person shall own, maintain or control any structure or premises used as a home, apartment, or other living quarters unless the structure is connected to the City sewer; nor, after October 1, 1973, shall any person occupy, maintain or control any structure or premises used for any commercial, industrial or business use unless the structure is connected to sewer; provided, however, that the provision of this subsection shall not apply if the existing sanitary facilities shall have been approved by the Alaska Department of Environmental Conservation as providing adequate disposal of wastes and continues to function as approved.
c. All septic systems now in use or hereafter constructed within the City shall meet the specifications of the Alaska Department of Environmental Conservation.
d. Notwithstanding subparagraphs (a) and (b), water tight vaults are allowed if City Sewer is not available, under the following conditions: 1. Soil conditions prohibit the installation of an on-site drainfield. 2. The vault holds minimum design quantities required by DEC. 3. The tank is regularly pumped to prevent overflow.
e. The City sewer is considered as not available to a structure when the nearest City sewer is located more than 200 feet from any point on the boundary of the lot or parcel of land on which the structure is located. Sewer connection will be required within one year of sewer becoming available.
f. Cesspools and privies shall not be considered adequate sanitary facilities. (Ord. 94-17(A), 1994; Ord. 90-24(A), 1990)

14.04.030 Sewage rental collection--Disconnection for nonpayment. a. Sewage rentals specified in this chapter shall be charged, collected and enforced in the same manner, at the same time and by the same person as are the charges for water furnished by the City, and the amount thereof shall be included in the total amount due for water. All provisions of the City Code applicable to the charge, collection and enforcement of rates for water furnished by the City are made applicable to this chapter. All sewer rentals due and unpaid shall become a lien against the property served.
b. In the event of any person neglecting, failing or refusing to pay the rental charges established by or pursuant to this chapter, by the tenth day of the month following the month for which sewage rental charges are due, or in the event of any person neglecting, failing or refusing to comply with any applicable provision of this chapter or rule or regulation of the City of any duly authorized requirement of the City Manager, the City Manager shall cause the water service to be discontinued by the disconnection of the connection of the premises of the person to the City water system.
c. In the event of the disconnection of any water service because of failure of the person affected by such disconnection to pay the sewage rental charges, such person shall pay to the City a charge of five dollars in addition to any sewage rental charges due before the premises of such person shall be again connected with the water system and served with City water. (Ord. 90-24(A), 1990).

14.04.040 Sewer Rate Schedule. a. Sewer utility services shall be billed according to the schedule set forth by resolution of the Homer City Council and shall be reviewed biennially commencing in 2011 and in each odd calendar year thereafter, and amended, as necessary, to take effect the first full month of service beginning after July 1, 2009.
b. Domestic sewer service customers who use large quantities of City water in addition to their domestic use shall be allowed, with the Public Works Director's approval, to install an additional water meter on the domestic water use line for the purpose of metering and charging for domestic sewer system use. Sewer system use will be billed monthly. Refer to Sewer Meter Policy.
c. The City will allow, upon approval by Public Works and a permit from the Planning Department, a second water usage meter to measure the flow of City water that is not discharged to the sewer system. (Ord. 09-22(A)(S)(A) §1, 2009; Ord. 00-02 '1, 2000; Ord. 98-11 '1, 1998; Ord. 97-17(A), 1997; Ord. 97-14, 1997; Ord. 97-7, 1997; Ord 97-5(S)(A) ' 1, 1997; Ord. 95-31(A), 1995; Ord. 91-9(S), ' 2, 1991; Ord. 90-24(A), 1990.)

14.04.050 Sewer service connections and extensions. a. Sewer connections to the City sewer system shall be installed only by a City-approved contractor or agent, and then only upon payment of fees as prescribed by the City.
b. No person shall install a sewer extension or connection without first obtaining a written permit from the City.
c. All work and materials must meet the standards and specifications as described in Title 13 of this Code, and the State of Alaska Department of Labor Occupational Safety and Health Standards.
d. The customer requesting a new sewer connection or sewer extension shall provide all materials, labor, and equipment for the excavation, connection and installation of the sewer line. (Ord 90-24(A), 1990.)

14.04.055 Sewer connection and extension permit fee. a. The sewer connection and extension permit fee shall include all inspection and administrative costs. All other fees for deferred services, in lieu of assessments and necessary right-of-way permits shall be in addition to the permit fee.
b. The sewer connection and extension permit fee shall be an amount determined by Council Resolution and set forth in the City of Homer Fee Schedule. All sewer connections and extensions shall be inspected by the Public Works Department. The customer shall make arrangements with the Public Works Department at least twenty-four hours in advance for all required inspections.
c. The customer shall pay for any necessary right-of-way permit fees in an amount determined by Council Resolution and set forth in the City of Homer Fee Schedule,
Major City right-of-way permits involve the review of project plans and specifications. Additional permit fees may be charged at permit execution for special inspections or reviews.
d. The customer requesting a sewer connection or sewer extension which requires a deferred service, or in lieu of assessment payment, shall pay a fee as determined by The Finance Department. (Ord. 04-04, Section 1, 2004; Ord. 90-24(A), 1990.)

14.04.060 Disposition of revenue. One hundred percent of each monthly bill for sewer service shall be deposited in the central treasury of the City and accounted for in the sewer utility fund. (Ord. 90-24(A), 1990.)

14.04.070 Destruction of private sewage disposal systems. All septic tanks, cesspools, privies, or vaults shall be earth filled or destroyed within sixty days after connection to the City sewer system, unless specifically exempted from such requirement by the City Manager. (Ord. 90-24(A), 1990.)

14.04.080 Sewage or waste disposal permit--Requirements. a. Each person having or who in the future shall have a one-family dwelling with a sewer connection connecting with the sewer system of the City is hereby granted a permit to discharge domestic sewage from such one-family dwelling. All other persons owning or occupying any other premises in the City which is now served, or which in the future shall require service, by a connection with the City sewer system, whereby domestic sewage, industrial wastes, or both, are disposed of by the City, shall obtain from the City Clerk a permit to discharge such sewage.
b. Application for a permit to discharge domestic sewage or industrial waste by an industrial user that is not a significant industrial user as defined in 14.05.115(19), shall be in writing and shall contain, among other things, the following information:
1. The name and address of the applicant;
2. The proposed location of connection;
3. The character of waste or sewage proposed to be discharged; and
4. Other information that may be deemed to be necessary by the City Manager or his designee.
c. In the event that the City Manager finds and determines that:
1. Such wastes will not result in damage to the sewer system; and
2. The pipeline in which the connection has discharged, or is to discharge, has sufficient capacity for the disposition of these wastes, then the City Clerk shall issue a permit to the applicant as requested.
d. The City Manager or his designee may revoke, modify or impose conditions upon the permit as necessary to ensure that the waste will not result in damage to the sewer system. (Ord. 00-25, 2000; Ord. 90-24(A), 1990.)

14.04.090 Discharge of surface drainage into public sewer. No connections shall be made to any public sewer or house lateral for the purpose of conducting any storm water, or any surface or underground drainage into the sewer, and no person shall discharge into any public sewer or house lateral any leader pipe from a roof, surface drain, underground drain or any solid or liquid waste other than the sewage composed of the ordinary liquid wastes of residences, business buildings and institutions from baths, toilets, laundries, wash tubs, sinks and floor drains. (Ord. 90-24(A), 1990.)

14.04.100 Appeals- Board of Appeals/ notice of appeal. a. Any person who is dissatisfied with the action of the City Manager or his designee under this chapter in denying a permit or granting a permit where conditions are imposed or in modifying or revoking a permit, or with any other order in which the person may be affected, may, appeal to the Board of Appeals, comprised of the Mayor and members of the City Council by giving notice thereof to the City Clerk.
b. An appeal to the Board of Appeals must be filed within thirty days of the order or decision appealed from, after which the order or decision in unappealable. Untimely appeals will not be accepted. A notice of appeal must be filed in writing with the City Clerk and be accompanied by the appeal fee as set forth by Council Ordinance or Resolution in the City of Homer Fee Schedule. The notice must contain:
1. Name and address of the permittee;
2. A copy of the order or decision being appealed;
3. A statement of the grounds for appeal that must include detailed and specific allegations of error and references to applicable provisions of the City Code or other law.
(Ord. 05-43(A), 2005; Ord. 90-24(A), 1990)

14.04.105 Appeals - procedure. a. All appeals must be heard by the Board of Appeals within sixty days from the day the appeal is filed. The appeal must be decided within a reasonable time after the hearing.
b. The City Clerk must prepare a record for the Board of Appeals consideration. The City Clerk must mail the permittee a notice when the record is complete. The record must be paginated and include the following, if they exist:
1. The permittee's applicable permit file;
2. Complaints, notices and correspondence regarding the administrative hearing;
3. All exhibits and documents received;
4. Any orders or written decisions.
c. The permittee must be given fifteen days' notice of the appeal hearing by first class mail to the address stated in the notice of appeal.
d. The permittee and the City Manager or other administrative official may file simultaneous written briefs not later than seven days before the appeal hearing. They may be represented by counsel. The Board of Appeals may hear oral arguments from the parties if the Board determines it will be helpful to the Board.
e. An electronic recording shall be kept of the entire appeal proceeding. The hearing will be conducted in public, but the Board of Appeals may deliberate and decide the matter in executive session.
f. The Board of Appeals will issue a written decision including its findings and reasons supporting its decision. Copies of the Board of Appeals decision shall be promptly mailed to all parties participating in the appeal. (Ord. 05-43(A))

14.04.110 Appeal to Superior Court. A final decision of the Board of Appeals may be appealed to the Superior Court no later than thirty days following the date the decision of the Board of Appeals is first mailed to the permittee. An appeal to the court must be filed according to the applicable court rules. (Ord. 05-43(A))

14.04.115 Extraterritorial services. a. No sewer service shall be provided beyond the boundaries of the City except upon approval granted by the City Council.
b. An application for sewer service to a proposed service area beyond the boundaries of the City shall be presented in writing to the City Clerk, and shall include the following information:
1. The name and address of each applicant;
2. The legal description of the property proposed for service; the area of the property; and a description of the sections, townships, and ranges in which the property is located.
3. A map of the proposed service area shown on U.S. Geological Survey topographical maps, scale 1:63,360, showing the proposed service area, the city boundary, and any existing city sewer service outside the boundaries of the City within one mile of the proposed service area.
4. The current and any proposed or anticipated future use of each lot and tract in the proposed service area.
5. The character and volume of the proposed sewage to be discharged from each lot and tract in the proposed service area.
6. The signature of each applicant, and the signatures of the owners' of more than half of the lots and tracts in the proposed service area signifying consent to inclusion in the service area.
7. Other information the City Council or City Manager deems necessary to enable the City to evaluate the application.
c. The Public Works Department shall evaluate the application and report to the City Council whether the City sewer system has adequate capacity to efficiently dispose of the additional discharge; whether any modifications to the sewer system will be required by the proposed sewer service area; and estimate of the cost of any construction required by inclusion of the new service area; any technological problems caused by the proposal; and any other information that will assist the City Council.
d. The Finance Department shall evaluate and report to the City Council the fiscal impact that will result from inclusion of the proposed service area, including costs of construction, other expenditures, and anticipated revenues.
e. The City Council may grant the application if it determines that:
1. The inclusion of the proposed service area will not pose a significant risk of damage to the sewer system;
2. The sewer system has adequate capacity to efficiently dispose of the additional discharge;
3. No long term negative fiscal impact will result;
4. No significant technological or other problems would be caused by inclusion of the proposed service area; and
5. The proposed service area is in the city's service area authorized by the Alaska Public Utilities Commission Certificate of Public Convenience and Necessity, or the City is willing to seek amendment of the certificate to include the proposed service area; or
6. In lieu of one or more of the determinations required by subparagraphs 1 through 4, the Council may determine that the benefit to the public health, safety or welfare of the residents of the City is sufficiently great to out weigh the absence of such determinations.
f. Approval of a service area beyond the boundaries of the City does not grant any person the right to connect to the sewer system. Each sewer extension or connection requires a written permit from the City pursuant to section 14.04.050.
g. The following provisions of the City Code apply to sewer service areas outside the boundaries of the City:
1. All of Chapter 14.04, except 14.04.020.
2. All of Chapter 14.05.
3. All of Chapter 14.12.
4. All of Chapter 14.13.
5. All of Chapter 14.16.
6. All of Chapter 14.20.
7. All of Chapter 14.30.
h. The City may charge higher rates to customers outside the city boundary than to customers inside the city boundary. (Ord. 93-19(A), 1993)

14.04.120 Rule making authority. a. The City Manager is empowered, subject to approval of the Council, to make rules and regulations not inconsistent with law, for the administration of the City sewer system; relating to sewer treatment, mains, connections, extensions and other facilities of the utility; relating to billings, collections and enforcement; for the protection of public health, safety, and welfare; governing the sale and use of sewer service provided by the City; and as otherwise may be necessary for the safe, efficient, and proper operation of the City sewer system.
b. No person shall fail to comply with any rule or regulation adopted under the authority of this section.
c. A copy of all rules and regulations adopted under the authority of this section, together with current utility rates, shall be made available for public inspection during business hours at City Hall. (Ord. 05-43(A), 2005; Ord. 97-12, 1, 1997.)