ROGUE VALLEY SEWER SERVICES

Jackson County, Oregon

TABLE OF CONTENTS

Title 1-GENERAL ______4 Chapter 1.05 Code Name ______5 Chapter 1.10 Personnel Rules ______5 Chapter 1.15 Treasurer ______5 Chapter 1.20 Public Meetings and Record Policy ______5 Chapter 1.25 Severability ______5

Title 2-FINANCE ______6 Chapter 2.05 Billing Policies ______7 Chapter 2.10 Collection Procedure for Improvement Liens ______8 Chapter 2.15 Segregation of Existing Assessment Liens ______10 Chapter 2.20 System Development Charges ______11

Title 3-PUBLIC CONTRACTING REGULATIONS ______24 Chapter 3.05 Public Contracting Regulations ______25

Title 4-STORM WATER MANAGEMENT ______40 Chapter 4.05 Storm Water Management ______41 Chapter 4.10 Design Manual ______49

Title 5-STORM DRAINS ______50 Chapter 5.05 Storm Drain Specifications ______51 Chapter 5.10 Storm Drain Improvements ______51 Chapter 5.15 White City Industrial Area ______52

Title 6-SEWER ______55 Chapter 6.05 Local Improvement District Procedures ______56 Chapter 6.10 Public Sewer Extensions ______62 Chapter 6.15 Alternative Sewage Collection Systems ______62 Chapter 6.20 Sewer Line Replacements ______63 Chapter 6.25 Sanitary Sewer Collection System ______65 Chapter 6.30 Entry to Private Property ______74

Title 7-INDUSTRIAL WASTE PRETREATMENT ______75 Chapter 7.05 General Provisions ______76

Chapter 7.10 Prohibitions and Standards ______85 Chapter 7.20 Permits ______91 Chapter 7.30 Monitoring, Inspection, and Reporting ______98 Chapter 7.35 Violations ______106 Chapter 7.40 Industrial Wastewater Sewer Service Charges ______115

Title 8-WASTEWATER DISPOSAL ______118 Chapter 8.05 Declaration of Policy ______119 Chapter 8.10 Definitions ______119 Chapter 8.20 Use of Public Sewers Required ______121 Chapter 8.30 Building Sewers and Connections ______122 Chapter 8.40 Privately Engineered and Constructed Systems ______123 Chapter 8.50 Penalties Other Than Industrial ______125 Chapter 8.55 Appeals ______126 Chapter 8.60 Severability and Conflict ______127

Title 9-RATES AND FEE SCHEDULES ______128 Chapter 9.05 Service Classification Schedules ______129 Chapter 9.10 Permits and Service Fees ______132

TITLE 1-GENERAL

CHAPTERS: 1.05 CODE NAME 1.10 PERSONNEL RULES 1.15 TREASURER 1.20 PUBLIC MEETINGS AND RECORD POLICY 1.25 SEVERABILITY

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Chapter 1.05 Code Name 1.15.020 Authorized to receive funds. SECTIONS: The treasurer shall not be a member of the RVSS 1.05.010 NAME CHANGE – EFFECTIVE DATE. Board of Directors and is hereby authorized in the

capacity of treasurer to receive and invest funds 1.05.010 Name change – Effective date. pursuant to ordinances of Rogue Valley Sewer The official name of the Bear Creek Valley Services. Sanitary Authority, BCVSA, shall be changed [Ord. 92-14 § 2, 1993.] effective July 1, 2003, to Rogue Valley Sewer

Services, RVSS. 1.15.030 Periodic appointment. [Res. 03-08, 2003.] Periodically as the Rogue Valley Sewer Services

Board of Directors sees fit, it shall appoint or Chapter 1.10 Personnel Rules reappoint with resolution or ordinance an official as Rogue Valley Sewer Services treasurer. SECTIONS: [Ord. 92-14 § 3, 1993.] 1.10.010 ADOPTED.

1.10.020 COPIES DELIVERED. Chapter 1.20 Public Meetings and 1.10.010 Adopted. Record Policy Personnel rules for Rogue Valley Sewer Services Sections: may be adopted and amended by resolution of the 1.20.010 Public meetings and record policy. Board of Directors of Rogue Valley Sewer Services at any regular or special meeting of the 1.20.010 Public meetings and record policy. Board duly and regularly called and held. Absent of any more specific policies adopted by [Ord. 75-5 § 1, 1975.] the Board of Directors, the Attorney General’s most recent public records and meetings manual 1.10.020 Copies delivered. is to be used. Copies of personnel rules of Rogue Valley Sewer [Ord. 06-05 § 11, 2006.] Services shall be delivered to and receipt acknowledged by each employee of RVSS. Chapter 1.25 Severability [Ord. 5-5 § 2, 1975.] Sections: 1.25.010 Severability Chapter 1.15 Treasurer Sections: 1.25.010 Severability. 1.15.010 Appointed. If the provisions of any article, section, 1.15.020 Authorized to receive funds. subsection, paragraph, subdivision or clause of 1.15.030 Periodic appointment. this code shall be judged invalid by a court of 1.15.010 Appointed. competent jurisdiction, such order of judgment shall not affect or invalidate the remainder of any 1.15.010 Appointed. article, section, subsection, paragraph, An individual shall be appointed as the treasurer subdivision or clause of this code. of Rogue Valley Sewer Services for the purpose of receiving bond proceeds, as provided in ORS 223.260. [Ord. 92-14 § 1, 1993.] Page | 6

TITLE 2-FINANCE

Chapters: 2.05 BILLING POLICIES 2.10 COLLECTION PROCEDURE FOR IMPROVEMENT LIENS 2.15 SEGREGATION OF EXISTING ASSESSMENT LIENS 2.20 SYSTEM DEVELOPMENT CHARGES

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Chapter 2.05 Billing Policies i) The financial condition of the Sections: property owner, including obtaining 2.05.010 Additional charges. a credit check, 2.05.020 Interest policy. ii) All liens on the property including a 2.05.030 Liens in second position. lender’s title policy, 2.05.040 Refund policy. iii) The value of the property, 2.05.050 Property owner responsibility. iv) That the new mortgage or trust deed 2.05.060 Uncollectible and delinquent accounts. against the property that would be prior to RVSS’s second lien is for 80 percent or less of the value of the 2.05.010 Additional charges. The Board of Directors of Rogue Valley Sewer property, and Services will charge a specific amount in addition to the amounts adopted by ordinance or codified 2) If the lien is part of the security for bonded in this Code when it is determined by its manager indebtedness, RVSS shall use its reserves to that costs incurred to provide such services to a pay the bond fund, which is relying on the specific customer or property exceed the amount lien for payment, the amount of the balance that would normally be charged for such services of that particular lien. as provided for in these ordinances due to there being either exceptional circumstances or charges 3) RVSS reserves the right in its sole discretion incurred by Rogue Valley Sewer Services to to deny any request to put an RVSS lien in a provide such services. second position. RVSS shall determine that [Ord. 94-4, 1994.] allowing the application is not adverse to its interest.

2.05.020 Interest policy. Rogue Valley Sewer Services shall charge 12 4) In the event the application is approved, the percent per annum simple interest on any unpaid customer shall sign escrow instructions to obligation owing to it unless otherwise agreed in require that RVSS shall be placed in a second writing between RVSS for a particular type of position at the time the lender is placed in a first position. The customer shall also have a obligation. [Res. 99-19, 1999.] lender’s policy issued to RVSS. [Res. 97-42, 1997.]

2.05.030 Liens in second position. 1) Rogue Valley Sewer Services will not 2.05.040 Refund policy. 1) If an account has been overcharged for any subordinate or otherwise allow its lien to be put in a second position unless the following reason, RVSS will refund the account the conditions are met: amount overcharged for the previous six months. a) The party requesting the refinance pays a $100.00 application fee and provides 2) If an account has been undercharged for any RVSS with the information and documentation set forth in subsection reason, RVSS will back-bill the account for (1)(d) of this section; the amount undercharged for the previous twelve months. At the discretion of the b) RVSS is not put in a weaker security position than before, or if it is, RVSS Manager, back charges may be paid in receives a higher interest rate to increments over a period not to exceed 12 compensate it for the increased risk; and months.

c) In the opinion of RVSS the approved refinancing actually improves the 2.05.050 Property owner responsibility. customer’s ability to pay. Every owner of property within RVSS is responsible for payment of charges under this d) RVSS shall be entitled to verify, at the customer’s expense: title, including without limitation charges created by tenants or other persons lawfully in possession Page | 8

of the property. RVSS will not recognize any whichever is greater, but in no case less than attempt to transfer such responsibility although $10.00 or greater than $20.00, shall be added to RVSS will, upon written request, bill occupants the overdue installment and said late charge shall other than the property owner as a courtesy. If be immediately due and payable. Notice of intent the property owner does not provide RVSS with to impose a late charge shall be sent to the owner an address for mailing bills, RVSS may use the of the property appearing in the records of RVSS, mailing address for tax statements shown on the by regular mail, directed to the address of the records of the county assessor and/or county tax property upon which the improvement collector. assessment was levied. Said notice shall be [Ord. 07-01, 2007.] mailed not less than 30 or more than 50 days after the due date for the installment payment. All late 2.05.060 Uncollectible and delinquent penalties shall be specifically designated on the accounts. appropriate monthly or semi-annual assessment Except as otherwise inconsistent, the provisions payment billing of RVSS. of RVSSC 9.05.080 shall apply to this chapter. [Ord. 88-8 § 2, 1988.] [Ord. 07-01, 2007.] 2.10.030 Debt acceleration. 1) Bonded Lien Debt Acceleration. In the event Chapter 2.10 Collection Procedure for installment payments on any lien that is bonded are authorized and any of said Improvement Liens installment payments is not paid for one year Sections: or more from and after the due date thereof, 2.10.010 General. the Board may declare the unpaid balance of 2.10.020 Late charge. the debt secured by said lien, with interest 2.10.030 Debt acceleration. and late charges, immediately due and 2.10.040 Foreclosure. payable. 2.10.050 Reassessment. 2.10.060 Alternative collection procedures. 2) Unbonded Lien Debt Acceleration. In the 2.10.070 Fees for credit reports. event an unbonded lien is not paid in full 90 days or more from and after the due date, the Code reviser’s note: Ord. 88-8 has been revised Board shall declare the unpaid balance of the by Ords. 9-8 and 89-10. debt secured by said lien, with interest, immediately due and payable. 2.10.010 General. In the event the whole or any portion of the cost 3) Notice of Intent to Accelerate Debt and to of sewage treatment plants’ trunk or lateral Foreclose. If an installment payment on the sewers or drains is assessed against property debt secured by a bonded lien remains unpaid directly benefited and the owner of the property 270 days after due, or if payment of the debt fails to pay the amount of the lien, or any portion secured by an unbonded lien remains unpaid thereof, or the interest thereon, when due, the in full 90 days after due, the manager shall Board of Directors (“Board”, herein) of Rogue prepare and submit to the Board a list in Valley Sewer Services is authorized to follow the tabular form, made from the lien records of collection procedures set forth herein. RVSS, describing each lien, assessment or [Ord. 88-8 § 1, 1988.] installment due on any bonded or unbonded lien. The list shall also contain the name of 2.10.020 Late charge. the person to whom assessed, a particular In the event installment payments are authorized description of the property, the amount of the and an assessment installment payment is not lien or assessment and the amount of the paid when due, and said failure to pay continues installment or installments due on any such for a period of 60 days after said due date, a late lien, and any other facts required by the charge of 10 percent of the payment, or $10.00, Board to be given. The Board may review Page | 9

the list and direct the manager to give notice for the enforcement of the improvement liens to the owners of the property upon which the of RVSS, shall be applicable to all unpaid improvement lien or assessment was improvement liens heretofore or hereafter at imposed that the Board intends to accelerate any time assessed by RVSS upon real the debt and declare the entire assessment, property within its jurisdiction. with interest, immediately due and payable if not paid within 90 days of the date of the 3) Administrative Determination. When notice. Said notice shall also advise that authorizing foreclosure of improvement liens failure to pay the assessment in full with by resolution, the Board of Directors may interest and late charges, after acceleration provide for the manner and method of thereof, may result in foreclosure of the lien foreclosure under the provision of subsection or other action by the Board to protect interest (1) or (2) of this section, or may direct that of RVSS. the procedure under which such foreclosure [Ord. 88-8 § 3, 1988.] shall be undertaken and carried out shall be determined in the discretion of the manager 2.10.040 Foreclosure. in each particular case. 1) Judicial Foreclosure. Upon the Board [Ord. 88-8 § 4, 1988.] accelerating the unpaid balance on a debt secured by a bonded or unbonded lien as 2.10.050 Reassessment. provided in RVSSC 2.10.030(1) and (2), the The provisions of ORS 223.405 to 223.485 Board may direct the manager to give written relating to reassessment shall be available to notice to the owner of the real property RVSS when applicable. subject to the lien to pay the lien, with [Ord. 88-8 § 5, 1988.] accrued interest and late charges, if any, in full to RVSS within 30 days of the date of 2.10.060 Alternative collection procedures. said notice. Said notice shall be sent by If at any time the Board determines that strict certified mail, return receipt requested and implementation of this chapter will result in shall set forth the full amount to be paid, with hardship or other oppressive circumstances to a interest, within said time period, and the property owner or occupant within the RVSS options of RVSS then being considered to district, the Board may adopt such other protect the interest of the patrons of RVSS. If collection procedures that will ameliorate the the owner fails to pay said lien in full within hardship or other oppressive circumstance yet said time period, the Board may direct the protect the interest of RVSS. manager to initiate foreclosure proceedings [Ord. 88-8 § 6, 1988.] as provided in ORS 88.010 through 88.120 or in any other manner authorized under Oregon 2.10.070 Fees for credit reports. statutory or common law.. Upon application for deferment of assessment lien or for purposes of making special repayment 2) Alternative Foreclosure Methods. After arrangements or when deemed appropriate by a giving notice as provided in RVSSC manager, a fee shall be charged as follows: 2.10.030(1), (2), and (3), the Board may, in RVSS’s cost for the credit report, plus $2.00 to the alternative, direct the manager to proceed offset costs associated with obtaining a written to foreclose the lien, securing the delinquent credit report. The information obtained the from assessments in the manner provided by law the credit report will be used to help make for the collection of liens by municipalities determinations regarding the ability of applicants under the provisions of ORS 223.510 through to repay assessments. 223.670, and any amendments thereof. The [Ord. 88-8 § 7, 1988.] manager of RVSS shall perform the tasks and procedures assigned in said statutes to the “recorder” and “treasurer.” This chapter, applying only to the procedures and remedies Page | 10

2.15.030 Assessment done in accordance with Chapter 2.15 Segregation of Existing Board. Apportionment of a special assessment under this Assessment Liens section shall be done in accordance with an order Sections: or resolution of the Board of Directors of RVSS. 2.15.010 Special assessment apportioned. The order or resolution shall: 2.15.020 When requested. 1) Describe each parcel of real property affected 2.15.030 Assessment done in accordance with by the apportionment; Board. 2.15.040 Definitions. 2) The amount of the assessment levied against 2.15.050 Installments. each such parcel; 2.15.060 Application for segregation. 2.15.070 Deferred assessment. 3) The owner of each parcel and the address thereof; 2.15.010 Special assessment apportioned. RVSS, acting by its Board of Directors, may 4) The original tax lot designation for each apportion a special assessment imposed upon a parcel, and the tax lot numbers of the parcels single tract or parcel of real property among all of as partitioned; the parcels formed from a subsequent partition or other division of that tract or parcel, if the 5) Such additional information as is required to subsequent partition or division is in accordance keep a permanent and complete record of the with ORS 92.010 through 92.190, and is assessments and the payments thereon. consistent with all applicable comprehensive plans as acknowledged by the Land Conservation A copy of the order or resolution shall be filed and Development Commission under ORS with the recording officer required to maintain 197.251. The proportionate distribution of a the lien docket for RVSS, who shall make any special assessment authorized under this section necessary changes or entries in the lien docket for may be made whenever the special assessment RVSS. remains wholly or partially unpaid, and full [Ord. 88-7 § 3, 1988.] payment or an installment payment is not past due. 2.15.040 Definitions. [Ord. 88-7 § 1, 1988.] The definitions set forth in ORS 223.317 shall apply to this chapter. 2.15.020 When requested. [Ord. 88-7 § 4, 1988.] RVSS shall apportion a special assessment under this chapter when requested to do so by any 2.15.050 Installments. owner, mortgagee or lienholder of a parcel of real When an assessment is being paid in installments property that was formed from the partition or under the Bancroft Bonding Act, or ORS other division of the larger tract of real property 268.485, 450.155, 450.897 or 451.530, if such against which the special assessment was assessment is apportioned among smaller parcels originally levied. If the deed, mortgage or other of real property under this chapter, the instrument, including a contract of sale, installments remaining unpaid shall be prorated evidencing the applicant’s ownership or other among those smaller parcels, so that each parcel interest in the parcel has not been recorded by the shall be charged with that percentage of the county clerk of the county in which the parcel is remaining installment payments equal to the situated, RVSS shall not apportion the special percentage of the unpaid assessment charged to assessment unless the applicant files a copy the parcel upon apportionment. sworn to be a true copy of that deed, mortgage or [Ord. 88-7 § 5, 1988.] instrument with RVSS. [Ord. 88-7 § 2, 1988.] 2.15.060 Application for segregation. 1) Application for Segregation. Applications Page | 11

for segregation shall be filed with the 2.15.070 Deferred assessment. manager of the district on a form to be Such segregations may also be subject to further furnished by the office of the manager. The deferred assessment at the time of development application shall include: of any unimproved parcel. a) A lot book report or title report from a [Ord. 88-7 § 7, 1988.] title company showing copies of the deeds and other instruments evidencing Chapter 2.20 System Development all ownerships or other interests and legal descriptions of the parcels to be Charges segregated. Sections: b) The original and segregated tax lot num- Article I. GENERAL PROVISIONS ber, original and segregated assessed 2.20.010 Purpose. values, names and addresses of the 2.20.020 Scope. owners of the respective parcels, and all 2.20.030 Definitions. others having an interest in each parcel, 2.20.040 System development charge imposed – and any other relevant information Method for establishment created. requested by the manager. 2.20.050 Methodology. c) An express waiver of defects, 2.20.060 Authorized expenditure. jurisdictional or otherwise, in the original 2.20.070 Project plan. assessment, and an agreement that the 2.20.080 Collection of system development priority of the lien of the original charges. assessment shall be preserved in the 2.20.090 Exemptions. amounts as segregated. 2.20.100 Credits. 2.20.110 Installment payments. 2) The application shall be accompanied by a 2.20.120 Delinquent charges. fee of $25.00 for each tract partitioned, plus 2.20.130 Exemptions. $5.00 for each parcel over two parcels when 2.20.140 Prohibited connection. a single tract is partitioned into more than two 2.20.150 Notification – Appeals. parcels, and all are segregated at the same 2.20.160 Annual accounting. time. Article II. REGIONAL WATER QUALITY 3) If the manager or designee finds that the CONTROL PLANT SYSTEMS DEVELOPMENT application is complete and proper, it shall be CHARGE submitted to the Board of Directors, along 2.20.170 Definitions. with a proposed resolution prepared in 2.20.180 Collection of charge. accordance with RVSSC 2.15.030. Copies of 2.20.190 Methodology. the proposed resolution shall be mailed to all 2.20.200 Reserved persons shown by the application to have an 2.20.210 Schedule of charges. interest in the property at least seven days 2.20.220 Notice and hearing. prior to the Board of Directors’ meeting at which the resolution will be considered. The Article III. SANITARY SEWER COLLECTION copy of the resolution shall be accompanied AND TRUNK/INTERCEPTOR SYSTEM DEVELOPMENT by a notice stating the date of the meeting and CHARGES that all written objections filed with the 2.20.230 Methodology. Board of Directors prior to the date of the 2.20.240 Charges established – Sanitary sewer meeting will be considered by the Board of collection. Directors. It shall also state that, and this 2.20.250 Permits. chapter hereby provides that, oral objections 2.20.260 Project plan. will not be heard. 2.20.270 Reserved [Ord. 88-7 § 6, 1988.] 2.20.280 Large industrial users. 2.20.290 Reserved Page | 12

2.20.300 Temporary mobile homes. “Land area” means the area of a parcel of land as 2.20.010 System Development Charges measured by projection of the parcel boundaries upon a horizontal plane with the exception of a Chapter 2.20 portion of the parcel within a recorded right-of- Article I. way or easement subject to a servitude for a General Provisions public street or scenic or preservation purpose.

2.20.010 Purpose. “Owner” means the owner(s) of a recorded title The purpose of this article is to provide or the purchaser(s) under a recorded sales authorization for system development charges for agreement, and other persons having an interest capital improvements pursuant to ORS 223.297 of record in the described real property. through 223.314 for the purpose of creating a source of funding for existing system capacity “Parcel of land” means a lot, parcel, block or and/or the installation, construction and extension other tract of land that is occupied or may be of future capital improvements. These charges occupied by a structure or structures or other use, shall be collected either at the time of increased and includes the yards and other open spaces usage or at the time of permitting development of required under the zoning, subdivision, or other properties which increase the use of capital development ordinances. improvements and generate a need for those facilities. “Permittee” means the person to whom a building [Ord. 04-07 § 1, 2004; Ord. 04-03 § 1, 2004.] permit, development permit, or right-of-way access permit is issued. 2.20.020 Scope. The system development charges imposed herein “Qualified public improvement” means a capital are separate from and in addition to any improvement that is: applicable tax, assessment, charge, or fee 1) Required as a condition of development otherwise provided by law or imposed as a approval; condition of development. [Ord. 04-07 § 2, 2004; Ord. 04-03 § 2, 2004.] 2) Identified in the system development charge fund project plan; and 2.20.030 Definitions. For the purposes of this article, the following 3) Not located on or continuous to a parcel of definitions shall apply: land that is the subject of the development approval. “Capital Improvements” means facilities or assets used for: “Reimbursement fee” means a fee for costs 1) Sewage and wastewater collection, associated with capital improvements constructed transmission, treatment and disposal; or or under construction on the date the fee is adopted pursuant to the provisions of this article. 2) Drainage and flood control. “System Development Charge (SDC)” means a “Development” means conducting a building or reimbursement fee, an improvement fee or a mining operation, making a physical change in combination thereof assessed or collected at the the use or appearance of a structure or land, or time of increased usage of a capital improvement, creating or terminating a right of access. at the time of issuance of a development permit or building permit, or at the time of connection to “Improvement fee” means a fee for costs the capital improvement. “SDC” does not associated with capital improvements to be include fees assessed or collected as part of a constructed after the date the fee is adopted local improvement district or a charge in lieu of a pursuant to the provisions of this article. local improvement district assessment, or the cost of complying with requirements or conditions Page | 13

imposed by a land use decision. 1) Reimbursement fees shall be applied only to [Ord. 04-07 § 2, 2004; Ord. 04-03 § 2, 2004.] capital improvements associated with the systems for which the fees are assessed, 2.20.040 System development charge imposed including expenditures relating to repayment – Method for establishment created. of indebtedness. 1) Unless exempted pursuant to RVSSC 2.20.090, a systems development charge is 2) Improvement fees shall be spent only on hereby imposed upon all development within capacity-increasing capital improvements, the district of Rogue Valley Sewer Services. including expenditures relating to repayment of debt for such improvements. An increase 2) Systems development charges shall be in system capacity occurs if a capital established and may be revised by resolution improvement increases the level of of the RVSS district Board in so far as those performance or service provided by existing revisions do not constitute a revision to the facilities or provides new facilities. The methodology for calculating the SDC. The portion of the improvements funded by resolution shall set the amount of the charge, improvement fees must be related to the type of permit to which the charge demands created by future development. applies, and, if the charge applies to a geographic area smaller than the entire 3) A capital improvement being funded wholly district, the geographic area subject to the or in part from revenues derived from the charge. improvement fee shall be included in the [Ord. 04-07 § 3, 2004; Ord. 04-03 § 3, 2004.] capital plan adopted by the district. 2.20.080 4) System development charge revenues may be 2.20.050 Methodology. expended on the direct costs of complying 1) The methodology used to establish the with the provisions of this article, including reimbursement fee shall consider the cost of the costs of developing system development the then-existing facilities, prior charge methodologies and providing an contributions by then-existing system users, annual accounting of system development the value of unused capacity, rate-making charge funds. principles employed to finance publicly [Ord. 04-07 § 5, 2004; Ord. 04-03 § 5, 2004.] owned capital improvements, and other relevant factors identified by the district 2.20.070 Project plan. Board. The methodology shall promote the 1) The district Board shall adopt by resolution objective that future systems users shall the capital plan. This plan: contribute not more than an equitable share a) Defines the amount of current or under of the cost of then-existing facilities. construction capacity available for new development and the cost of the facilities 2) The methodology used to establish the comprising this capacity; improvement fee shall consider the cost of b) Lists the capital improvements that may projected capital improvements needed to be funded with improvement fee revenues; increase the capacity of the systems to which and the fee is related and other relevant factors c) Lists the estimated cost, SDC eligible identified by the district Board. allocation of project costs and estimated time of construction of each improvement. 3) The methodology used to establish the improvement fee or the reimbursement fee, 2) In adopting this plan, the district may or both, shall be adopted by resolution. incorporate by reference all or a portion of [Ord. 04-07 § 4, 2004; Ord. 04-03 § 4, 2004.] any public facilities plan, master plan, capital improvements plan or similar plan that 2.20.060 Authorized expenditure. contains the information required by this Page | 14

section. The District Board may modify this shall be paid prior to final acceptance by project plan at any time through the adoption RVSS and before any connections are made of an appropriate resolution. to any RVSS lines. In areas where RVSS issues the sewer connection permit, charges 3) The capital projects listed in the plan shall be for residential uses may be deferred until the adjusted for inflation annually and the index permit to connect to the collection system is used shall be the Engineering News Rec Ord. issued. [Ord. 04-07 § 6, 2004; Ord. 04-03 § 6, 2004.] [Res. 10-30 §§ 1 – 3, 2010; Ord. 04-07 § 7, 2004; Ord. 04-03 § 7, 2004.] 2.20.080 Collection of System Development Charges. 2.20.090 Exemptions. 1) The system development charge is payable at The following structures and uses are exempt the time specified in the resolution and at from the system development charge: sizable increases in the usage of the system 1) Structures and uses established and existing by nonresidential customers. on or before the effective date of the resolution; 2) The resolution which sets the amount of the charge shall designate the permit or systems 2) Additions to single-family dwellings that do to which the charge applies. not constitute the addition of a dwelling unit, as defined by the district’s building code, are 3) If development is commenced or connection exempt from all portions of the system is made to the systems provided by the development charge; and district without an appropriate permit, the system development charge is immediately 3) An alteration, addition, replacement or payable upon the earliest date that a permit change in use that does not increase the was required and is subject to penalty. parcel’s or structure’s use of a capital improvement is exempt from all portions of 4) The district general manager or his/her the system development charge. designee shall collect the applicable system [Ord. 04-07 § 8, 2004; Ord. 04-03 § 8, 2004.] development charge from the permittee or system user. 2.20.100 Credits. 1) A permittee is eligible for credit against the 5) The district general manager or his/her system development charge for constructing designee shall not issue such permit or allow a qualified capital improvement. A connection or increased usage of the “qualified capital improvement” means one system(s) until the charge has been paid in that meets all of the following criteria: full, unless an exemption is granted pursuant a) Is required as a condition of development to RVSSC 2.20.090 or 2.20.130 or subsection approval by the district Board; and (7) of this section. b) Is identified in the adopted capital plan; and 6) All moneys collected through the system c) Is not located within or contiguous to the development charge shall be accounted for in property or parcel that is subject to the general fund and segregated by type of development approval; or system development charge and by d) Is not located in whole or in part on, or reimbursement versus improvement fees. contiguous to, property that is the subject of development approval and required to be 7) All system development for the collection, built larger or with greater capacity than is interceptor and trunk systems shall be due necessary for the particular development and payable at the conclusion of main line project to which the improvement fee is construction and prior to final acceptance by related. RVSS. If no main line is constructed, the fee Page | 15

2) This credit shall be only for the improvement 6) Credits shall be apportioned against the fee charged for the type of improvement property which was subject to the being constructed. Credit under this section requirements to construct an improvement may be granted only for the cost of that eligible for credit. Unless otherwise portion of the improvement that exceeds the requested, apportionment against lots or facility size or capacity needed to serve the parcels constituting the property shall be development project. proportionate to the anticipated public facility service requirements generated by the 3) Applying the adopted methodology, the respective lots or parcels. Upon written district may grant a credit against the application to the district, however, credits improvement charge for capital facilities shall be reapportioned from any lot or parcel provided as part of the development that to any other lot or parcel within the confines reduces the development’s demand upon of the property originally eligible for the existing capital improvements or the need for credit. Reapportionment shall be noted on further capital improvements or that would the original credit form retained by the otherwise have to be constructed at district district. expense under the then-existing District Board policies. 7) Any credits are assignable; however, they shall apply only to that property subject to the 4) When the construction of a qualified public original condition for land use approval upon improvement gives rise to a credit amount which the credit is based or any partitioned or greater than the improvement fee that would subdivided parcel or lots of such property to otherwise be levied against the project which the credit has been apportioned. receiving development approval, the excess Credits shall only apply against system credit may be applied against improvement development charges, are limited to the fees that accrue in subsequent phases of the amount of the fee attributable to the original development project. development of the specific lot or parcel for which the credit is sought and shall not be a 5) All credit requests must be in writing and basis for any refund. 2.20.160 filed with the district before the issuance of a building permit. Improvement acceptance 8) Any credit request must be submitted before shall be in accordance with the usual and the issuance of a building permit. The customary practices, procedures and applicant is responsible for presentation of standards of the district of Rogue Valley any credit and no credit shall be considered Sewer Services. The amount of any credit after issuance of a building permit. shall be determined by the district and based upon the subject improvement construction 9) Credits shall be used by the applicant within contract documents, or other appropriate 10 years of their issuance by the district. information, provided by the applicant for the credit. Upon a finding by the district that the 2.20.110 Installment payments. contract amounts exceed the prevailing 1) When a system development charge of market rate for a similar project, the credit $500.00 or more is due and collectible, the shall be based upon market rates. The district owner of the parcel of land subject to the shall provide the applicant with a credit on a development charge may apply for payment form provided by the district. The credit shall in monthly installments, to include interest on state the actual dollar amount that may be the unpaid balance, in accordance with ORS applied against any system development 223.208. charge imposed against the subject property. The applicant has the burden of 2) The manager may provide application forms demonstrating qualification for a credit. for installment payments, which shall include a waiver of all rights to contest the validity of Page | 16

the lien, except for the correction of improvement facility. computational errors. [Ord. 04-07 § 12, 2004; Ord. 04-03 § 12, 2004.]

3) An applicant for installment payments shall 2.20.140 Prohibited connection. have the burden of demonstrating the No person may connect to the sewer systems of applicant’s authority to assent to the Rogue Valley Sewer Services unless the imposition of a lien on the parcel and that the appropriate systems development charge has interest of the applicant is adequate to secure been paid or the lien and installment payment payment of the lien. method has been applied for and approved. [Ord. 04-07 § 13, 2004; Ord. 04-03 § 13, 2004.] 4) The finance director shall report to the manager the amount of the systems 2.20.150 Notification – Appeals. development charge, the dates on which the The district shall maintain a list of persons who payments are due, the name of the owner, and have made a written request for notification prior the description of the parcel. to adoption or amendment of the system development charge methodology. These 5) Upon acceptance of the application, the persons shall be so notified in writing of any such manager shall record the lien with the county proposed changes at least 90 days prior to the first assessor. From that time, Rogue Valley hearing to adopt or amend such Sewer Services shall have a lien upon the methodology(ies). This methodology shall be described parcel for the amount of the available at least 60 days prior to the public systems development charge, together with hearing. No challenge to the system development interest on the unpaid balance at the rate charge methodology shall be accepted after 60 established by the Board of Directors. The days following final adoption by the district lien shall be enforceable in the manner Board. provided in ORS chapter 223. [Ord. 04-07 § 14, 2004; Ord. 04-03 § 14, 2004.] [Ord. 06-05 § 1, 2006; Ord. 04-07 § 10, 2004; Ord. 04-03 § 10, 2004.] 2.20.160 Annual accounting. The district shall provide an annual accounting 2.20.120 Delinquent charges. for system development charges showing the Should the owner neglect or refuse to pay total amount of system development charges installment payments of systems development collected for each system along with a list of charges as per RVSSC 2.20.110, then Rogue projects funded in whole or in part through Valley Sewer Services shall follow those system development charges. procedures for collection as provided for in [Ord. 04-07 § 15, 2004; Ord. 04-03 § 15, 2004.] Chapter 2.10 RVSSC, and in accordance with ORS 223.265 to 223.295. Article II. [Ord. 04-07 § 11, 2004; Ord. 04-03 § 11, 2004.] Regional Water Quality Control Plant Systems Development Charge 2.20.130 Exemptions. The following structures and uses are exempt 2.20.170 Definitions. from the system development charge: As used in this article, the following terms shall 1) Additions to single-family dwellings that do mean: not constitute the addition of a dwelling unit, 1) “Connection to system” means the actual as defined by the State Uniform Building physical connection to the wastewater system Code, are exempt from all portions of the or the time of issuance of a building permit or systems development charge; and wastewater permit.

2) An alteration, addition, replacement or 2) “Change in usage” means an increase of 10 change in use that does not increase the percent or more in the wastewater flows parcel’s or structure’s use of the public measured in gallons per day and/or strength Page | 17

of wastewater flow measured in milligrams the existing facilities, prior contributions by per liter of biological oxygen demand (BOD) then-existing users, the value of unused or suspended solids (SS) from those capacity, rate-making principles employed to originally used in the determination of the finance publicly owned capital system development charge for connection to improvements, and other relevant factors the system. identified by Rogue Valley Sewer Services. The methodology shall promote the objective 3) “Equivalent Residential Unit” (ERU) means that future systems users shall contribute no the wastewater flow used by a single-family more than an equitable share of the cost of the residential unit or 350 gallons per day of existing facilities. wastewater flow and 300 milligrams per liter of BODs and 300 milligrams per liter of SS. 2) The methodology used to establish the improvement fee shall consider the cost of 4) All other definitions as used in this article projected capital improvements needed to shall have the same meaning as defined in increase the capacity of the systems to which Article I of this chapter. the fee is related. [Res. 91-15 § 1, 1991.] 3) Based on the principles for the establishment 2.20.180 Collection of charge. of reimbursement fees and improvement 1) Rogue Valley Sewer Services shall collect fees, the methodology for the determination the SDC when: of SDC shall consist of the following: a) The customer connects to the system; a) The number of EDUs in the plant shall be b) A change in usage occurs as determined determined by dividing the most recent by the technical advisory committee. capacity expansion by the wastewater Such change in usage may be determined flow for an equivalent residential unit. by the technical advisory committee b) The costs of constructing the capacity upon issuance of a new building permit expansion shall be divided by the number or wastewater permit or by monitoring of of EDUs to determine a charge in a the customer’s wastewater flows as dollar-per-EDU basis. determined by procedures employed by c) The charge as determined in subsection the technical advisory committee. (3)(b) of this section will be adjusted by a present value factor to adjust for the 2) To the extent that the technical advisory interest cost on funds from the actual date committee finds that a change in usage has of construction or planned date of occurred in accordance with subsection (1)(a) construction. of this section, then the customer will be d) The SDC for compliance costs shall be required to pay an additional sum equal to the determined by dividing the estimated current system development charge on a cost for compliance for the next six years dollar-per-EDU basis times the increase in by the number of EDUs added in each equivalent residential units. In no instance year. Such charge each year shall be will a refund be provided if it is found that the adjusted to reflect the interest earning on change in usage results in a decrease in the funds. number of equivalent residential units. [Res. 91-15 § 3, 1991.] [Res. 91-15 § 2, 1991.] Code reviser’s note: Res. 91-15 has been revised 2.20.200 Reserved by Resos. 93-29, 94-10, 95-4, 95-17, 97-40, 00- 05, 00-26, 02-03 and 03-11. 2.20.210 Schedule of charges. 1) The SDC for the regional water quality 2.20.190 Methodology. treatment plant shall be established by the 1) The methodology used to establish the regional rate committee pursuant to reimbursement fee shall consider the cost of intergovernmental agreement, and adopted Page | 18

by Rogue Valley Sewer Services by as commercial buildings and that portion resolution of the Board. of buildings housing common laundry facilities shall be charged as laundries 2) The following are definitions of and laundromats. However, laundry classifications used in establishing the system facilities located in individual dwelling development charges: units shall be considered incidental to the a) A “single-family residence (SFR)” is standard multifamily charge. defined as a building designed and/or c) An “accessory or ancillary dwelling unit used to provide independent living for (ADU)” is defined as a residential not more than one family, including all dwelling unit, with a kitchen or kitchen necessary employees of such family. facilities, that is used for independent Mobile homes occupying a separate lot living and is located on the same lot as a and providing permanent housing with a single-family residence (SFR), as separate sewer connection shall be defined by each entity in its own code, classed as an SFR. A “guest house or ordinances, or resolutions. An ADU may room” is an accessory building or room be a separate building or a space within designed, constructed and used to an SFR. An ADU shall be charged the provide temporary sleeping same SDC as an MFR. Any activity accommodations for guests, or for conducted from an MFR or ADU which members of the same family as that requires a business license may be occupying the main structure. A guest subject to an additional charge, house or room contains no kitchen or depending on the nature of the activity. kitchen facilities. A guest house shall be d) A “mobile home park,” including travel considered a part of the SFR and no trailer parks, is defined as any area or additional fee shall be charged. “Kitchen tract of land having a sewer connection or kitchen facilities” shall be any area and where sewerage collection pipes are separate from bathing and sanitation extended to two or more spaces occupied facilities which can be utilized for food by or intended to be occupied by a preparation and which includes a sink or “mobile home,” “travel trailer,” or plumbing for a sink and may include any “motor home” that are defined as a or all of the following: a dishwasher, vehicle with or without motive power stove, oven, or space for a refrigerator. which is designed, used, or intended for Any addition to an existing SFR, which use as a place of human habitation, or as does not result in an additional dwelling eating, sleeping, or living quarters or any unit, will be exempt from additional combination thereof. A “mobile home charge. However, any activity conducted space” is defined as the individual from an SFR which requires a business location having a sewer hookup for each license may be subject to an additional such vehicle. For purposes of charge, depending on the nature of the determining the systems development activity. charges (SDCs) for mobile home parks’ b) A “multiple-family residence (MFR)” is common buildings such as recreation defined as a building or a group of halls, etc., shall be charged as buildings housing two or more families, commercial buildings. Buildings living independently of each other, a housing laundry facilities shall be “family” being defined as one or more charged as laundries and laundromats persons living as a single housekeeping and food or drink service buildings shall unit or household with sewer service be charged as food preparation and/or being provided through not more than serving. one sewer connection. Common e) A “recreational vehicle dumping station” buildings in an apartment house complex is defined as a building or structure used requiring sewer service shall be charged for dumping of sanitary sewer wastes Page | 19

from recreational vehicle holding tanks, temporary housing of ill or injured including gray water from sinks and persons and containing facilities for showers. (This excludes an individual medical and surgical treatment of such collector installed by a homeowner for persons. No additional charge shall be his/her own use.) made for laundry and food and drink f) A “school” is defined as any building or preparation and serving facilities group of buildings used for school included in hospitals. purposes more than 12 hours per week, i) A “convalescent hospital, rest home, or involving assemblage for instruction, assisted living facility (ALF)” is defined education or recreation. Schools may be as a building or structure used for the public or private and may include, but not housing of persons convalescing from be limited to, day care/pre-school, illness or injury or persons requiring kindergarten, elementary schools, close personal care. No additional middle/junior high schools, senior high charge shall be made for laundry and schools, junior colleges, continuing food and drink preparation and serving education facilities, facilities included in the facility. Rooms professional/vocational schools, and or units containing kitchen facilities shall beauty colleges. Charge shall be based be charged at the MFR rate. on student capacity of classrooms. No j) A “residential care, Boarding, or adult additional charge shall be made for foster care facility” is defined as a school gymnasiums, locker rooms or residential building or structure, cafeterias. Unless other supporting data generally in a residential neighborhood, is provided by the applicant, the design used for housing of persons requiring capacity of classroom area, per student, either long-term supervision and general shall be based on the following care or any type of dependency recovery. i) Pre-school through fifth grade: 35 The facility shall be considered an SFR square feet per student; for up to four bedrooms, with an ii) Sixth grade through eighth grade: 30 additional charge per bedroom above square feet per student; four. No additional charges shall be iii) Ninth grade through college: 25 made for laundry or food and drink square feet per student. preparation and serving facilities g) A “church” is defined as a building or included in the facility. Individual structure whose principal use is for bedrooms may not contain kitchen worship and in which the incidental use facilities. This language distinguishes for school or recreational purposes is less between “assisted living” facilities, than 12 hours per week. Church which tend to be larger-scale buildings used for school purposes in “businesses,” and the smaller-scale excess of 12 hours per week shall be homes which provide more personal charged at the “school” SDC rate in foster care. addition to the charge per 100 seats as a k) A “lodging facility” is defined as a church. No additional charge shall be building or group of buildings used for made for kitchens, multi-purpose rooms, temporary housing of persons, or fellowship halls and related plumbing containing rooms or units intended for fixtures. Unless other supporting data is the use of transient persons. Included provided by the applicant, the design within this definition are hotels, motels, capacity of a church, per seat, shall be and bed and breakfast accommodations. based on 15 square feet per seat of Homeless shelters and/or dormitory-style sanctuary floor area (including aisles, housing facilities shall be considered by stage, altar area, etc.). the TAG on a case-by-case basis. h) A “general hospital” is defined as a i) Hotels/Motels. Any building or building or structure used for the group of buildings with guest rooms Page | 20

intended or designed to be rented for factories, packing houses, and similar temporary occupation by guests. facilities, which shall be classified as Those areas within hotels and motels “wet industrial” under subsection (2)(t) to be used for commercial of this section. The entire square footage preparation of and serving of food of the tenant space or building shall be and drink shall be charged at the rate included in the chargeable area. for food preparation and/or serving, Restroom facilities shall not be segregate including guest breakfast serving and out of the chargeable area for those eating eating areas. Kitchens or and drinking establishments which kitchenettes in individual rooms occupy an entire tenant space or building. shall be charged at commercial rates m) Vehicle washes” are defined as based upon fixtures. Commercial commercial buildings or structures used areas within hotels and motels, for washing vehicles. including convention facilities, n) “Self-service vehicle washes” are coin- meeting rooms and other such operated facilities serving the general common areas other than lobby areas public that require the customer to wash shall be charged at the rate for the vehicle. commercial and dry industrial areas. o) Full-service vehicle washes” are Areas used as guest or public laundry facilities serving the general public, facilities in hotels and motels shall be wherein the vehicle is washed for the charged at the area rate for laundries customer, either automatically or by and laundromats. In-house laundries attendants. for use by staff shall be considered p) Vehicle wash facilities that recycle or incidental to the per-room SDC rate. reclaim water, and all parts washing or Such additional charges for food and steam cleaning facilities that discharge to drink, commercial areas, and laundry the sanitary sewer are classified as “other shall be in addition to the charge per vehicle washes” and will be reviewed on room or motel unit. a case-by-case basis. ii) Bed and Breakfast (B&B) q) “Laundries and laundromats” are defined Accommodations. A B&B is an as commercial buildings or structures, or SFR, or part thereof, other than a parts of commercial buildings and hotel, motel or MFR, where structures used for housing and operating traveler’s accommodations and laundry equipment by the public to wash breakfast are provided for a fee on a clothes and linens for personal use. daily or weekly room rental basis. A r) “Industrial laundries” are defined as B&B shall be charged at the SFR buildings or structures or parts of SDC rate for the first four bedrooms buildings and structures used for housing and at the lodging facility per-unit and operating laundry equipment for the SDC rate for each additional large scale washing of uniforms, towels, bedroom. No additional charge shall linens, etc. The anticipated volume and be made for the kitchen unless an strength of the sewage to be generated existing kitchen is remodeled and from an industrial laundry would be new fixtures added, at which time it considerably more than that from a shall be charged at the rate for commercial laundry or laundromat. commercial and dry industrial areas. Industrial laundries shall be classified as l) “Food preparation and/or serving” “wet industrial buildings.” includes restaurants, lounges, taverns, s) “Commercial buildings” are defined as delicatessens, coffee carts, kiosks, and all buildings used for conducting of wholesale and retail bakeries, but does wholesale or retail trade. “Dry industrial not include outdoor seating areas for the buildings or structures” are those that above, nor canneries, dairies, cheese house light industrial activities where use Page | 21

of water and subsequent discharge of Example: Factor Range sewer does not occur in connection with 1. 0 – 300 the industrial process. Warehouses and 2. 301 – 600 other storage buildings with sewer 3. 601 – 900 connections are classified as dry indus- (Continues per 300 increment) trial buildings. t) “Wet industrial buildings” are defined as u) “Undefined buildings and sewer use” are those buildings or structures housing those not defined above. industrial activities where the use of v) “Additional loading or change of use” is water and subsequent discharge to the defined as an increased demand for sewer occurs in connection with an wastewater treatment from an existing industrial process. Facilities with wet industrial building or structure. The discharge of 10,000 gallons per day or greater are considered wet industrial. additional loading may be the result of Other facilities that discharge less than replacement or addition to an existing 10,000 gallons per day and whose structure or facility, a change in use, or a anticipated strength of sewage to be 15 percent or greater increase above the generated from the facility is greater than permitted volume or character of the domestic sewage strengths may also be wastewater constituents being considered wet industrial. Those discharged. facilities will be reviewed on a case-by- case basis. The anticipated volume and Except for large wet industrial loads as strength of the sewage to be generated covered in subsection (B)(18) of this from the facility in relation to the volume section, the system development charge and strength of sewage from an average (SDC) shall be determined on the basis of single-family residence shall be the number of single-family residence considered when calculating SDCs. equivalent units with the additional loading or the new use with credit being Except for large wet industrial load given for the number of single-family increases as covered in subsection residence equivalent units of the original (B)(18) of this section, the SDC for wet facility. No refund will be given if the industrial shall be determined on an change of use results in a decreased individual basis for the TAG’s approval sewer loading. utilizing the formula listed below: w) “Large wet industrial loads” are defined as new or increased loads greater than 25,000 gallons per day (gpd), 60 pounds SDC = GPD X SFR X F per day (ppd) BOD, or 60 pounds per day 350 TSS. SDCs for large industrial loads GPD = Anticipated volume of discharge shall be calculated for the TAG’s to sewer in gallons per day. approval based upon unit costs for flow, SFR = Current SDC for single-family biochemical oxygen demand (BOD), and residence. total suspended solids (TSS). Unit costs F = Extra strength factor, whole shall be established by the regional rate committee pursuant to intergovernmental number multiplier derived for every 300 agreement, and adopted by RVSS by ppm of biochemical oxygen demand or resolution of the Board. suspended solids, or fraction thereof, in

excess of the first 300 ppm of The SDC for the load being requested biochemical oxygen demand or shall be based upon the Monthly Average suspended solids. Limit for each of the above-mentioned parameters. Page | 22

x) Monthly Average Limit is defined as the highest allowable average of daily 2.20.220 Notice and hearing. discharges over a calendar month, 1) At least one public hearing shall be held prior calculated as the sum of all daily to adoption or amendment of a methodology discharges measured during the calendar or rate change for any system development month divided by the number of daily charge. discharges measured during that month. 2) Maintenance of the list of interested persons Any exceedance of Monthly Average and appropriate notification may be Limit loads requires payment of accomplished by the secretary of the additional SDC’s committee.

The maximum allowable loadings shall 3) The actual public hearing may also be be determined through established conducted by the regional committee. methodology in accordance with Regional Water Reclamation Facility’s 4) Nothing herein prohibits Rogue Valley most recently approved Facilities Plan. Sewer Services from holding its own public hearing or notifying additional individuals. All penalties and corrective actions [Res. 91-15 § 6, 1991.] required will be in accordance with the approved pretreatment ordinances.

3) Pursuant to the regional sewer agreement, the Article III. regional committee shall appoint a technical advisory committee (TAG) consisting of a Sanitary Sewer Collection and representative from each of the participating Trunk/Interceptor System Development agencies, such representative to be Charges technically qualified and knowledgeable in sewage treatment matters. The function of 2.20.230 Methodology. the TAG shall be to determine the single- The information contained in the February 2004 family residence equivalent units in the case report and letter to the Board of Rogue Valley of application for a sewer connection by an sewer by Shaun Pigott Associates is hereby industry and in the case of additional loading adopted as the methodology for the district’s by an existing industry having a sewer sanitary sewer collection system development connection. Such committee shall also charge. determine the single-family residence [Ord. 04-15 § 1, 2004.] equivalent units in the event of an application for a sewer connection for a building not 2.20.240 Charges established – Sanitary defined in this listing of system development sewer collection. charges. In determining the number of System development charges shall be established single-family residence equivalent units to be by a resolution of the Board. assigned, the TAG shall consider the anticipated volume and strength of sewage to 2.20.250 Permits. be generated from the industry or other The charges in this article shall be due and undefined connection in relation to the payable, unless a deferral agreement is entered volume and strength of sewage from an into, upon the issuance of a permit to connect to average single-family residence. the district’s sanitary sewer collection system for Determinations made by the TAG shall be individual properties, or at the time the plans are subject to appeal to the regional rate approved for subdivisions. committee. [Ord. 04-15 § 3, 2004.] [Res. 09-01, 2009; Res. 91-15 § 5, 1991.] Page | 23

2.20.260 Project plan. amount. For existing customers, the ERU rate The district’s Board has adopted the “capital shall be based on the average day during the peak improvement plan.” The costs supporting month of the year. development of the district’s fee are consistent [Ord. 04-15 § 6, 2004.] with those projects contained in the plan, which provide existing capacity to new connections 2.20.290 Reserved and/or add to the capacity of the district’s sanitary sewer collection system or increase the system’s 2.20.300 Temporary mobile homes. level of performance in order to meet the capacity Temporary mobile homes, approved by Jackson demands of new development on the district’s County as temporary medical hardship dwellings, sewer collection system. will be billed at a rate of 10 percent of the total [Ord. 04-15 § 4, 2004.] SDCs for each year the mobile home remains on the property, up to a maximum of 10 years. All 2.20.270 Reserved. fees paid under this program remain attached to the property when the mobile home is removed, 2.20.280 Large industrial users. and may be used as credit against future The number of equivalent residential units development fees. For example, if a mobile home (ERUs) shall be calculated in the same manner as remains on a property for 5 years prior to used to calculate the regional water reclamation removal, the property shall have a credit equal to plant SDC. Anyone discharging more flows than 50% of a single family residence SDC. the amount used to calculate these fees is required [Ord. 04-15 § 8, 2004.] to advise RVSS, and to pay for this additional Page | 24

TITLE 3-PUBLIC CONTRACTING REGULATIONS

Chapters: 3.05 Public Contracting Regulations

Page | 25

Chapter 3.05 Public Contracting and c) Taking full advantage of evolving Regulations procurement methods that suit the Sections contracting needs of Rogue Valley Sewer 3.05.010 Public contracts – Rogue Valley Sewer Services as they emerge within various Services policy. industries. 3.05.020 Application of public contracting regulations. 3) Interpretation of Public Contracting Rules. 3.05.030 Public contracts – Regulation by In furtherance of the purpose of the Rogue Valley Sewer Services’ Board objectives set forth in subsection (2) of this of Directors. section, it is Rogue Valley Sewer Services’ 3.05.040 Public contracts–Model rules. intent that the Rogue Valley Sewer Services 3.05.050 Public contracts–Authority of manager. public contracting regulations be interpreted 3.05.060 Public contracts – Definitions. to authorize the full use of all contracting 3.05.070 Public contracts – Process for approval powers and authorities described in ORS of special solicitation methods and chapters 279A, 279B and 279C. exemptions. [Ord. 05-01, 2005.] 3.05.080 Public contracts – Solicitation methods for classes of contracts. 3.05.020 Application of public contracting 3.05.090 Public contracts – Informal solicitation regulations. In accordance with ORS 279A.025, Rogue procedures. Valley Sewer Services public contracting 3.05.100 Public contracts – Use of brand name regulations and the Oregon Public Contracting specifications for public improvements. Code do not apply to the following classes of 3.05.110 Public contracts – Bid, performance contracts: and payment bonds. 1) Between Governments. Contracts between 3.05.120 Public contracts – Electronic Rogue Valley Sewer Services and a public advertisement of public improvement body, contracting agency or agency of the contracts. state of Oregon or its political subdivisions, 3.05.130 Appeal of debarment or or between Rogue Valley Sewer Services and prequalification decision. an agency of the federal government.

3.05.010 Public contracts – Rogue Valley 2) Grants. A grant is as defined in ORS Sewer Services policy. 279A.010(1)(k). 1) Short Title. The provisions of this chapter and all rules adopted under this chapter may 3) Legal Witnesses and Consultants. Contracts be cited as the Rogue Valley Sewer Services for professional or expert witnesses or (RVSS) public contracting regulations. consultants to provide services or testimony relating to existing or potential litigation or 2) Purpose of Public Contracting Regulations. legal matters in which Rogue Valley Sewer It is the policy of Rogue Valley Sewer Services is or may become interested. Services in adopting the public contracting regulations to utilize public contracting 4) Real Property. Acquisitions or disposals of practices and methods that maximize the real property or interests in real property. efficient use of public resources and the purchasing power of public funds by: 5) Oregon Corrections Enterprises. a) Promoting impartial and open Procurements from an Oregon corrections competition; enterprises program. b) Using solicitation materials that are complete and contain a clear statement of 6) Finance. Contracts, agreements or other contract specifications and requirements; documents entered into, issued or established Page | 26

in connection with: allowed by Oregon law. a) The incurring of debt by Rogue Valley [Ord. 05-01, 2005.] Sewer Services, including any associated contracts, agreements or other 3.05.030 Public contracts–Regulation by documents, regardless of whether the Rogue Valley Sewer Services’ Board of obligations that the contracts, agreements Directors. or other documents establish are general, Except as expressly delegated under these special or limited; regulations, Rogue Valley Sewer Services’ Board b) The making of program loans and similar of Directors reserves to itself the exercise of all of extensions or advances of funds, aid or the duties and authority of a contract review assistance by Rogue Valley Sewer Board and a contracting agency under state law, Services to a public or private person for including, but not limited to, the power and the purpose of carrying out, promoting or authority to: sustaining activities or programs 1) Approve the use of contracting methods and authorized by law other than for the exemptions from contracting methods for a construction of public works or public specific contract or certain classes of improvements; contracts; c) The investment of funds by Rogue Valley Sewer Services as authorized by 2) Approve the partial or complete waiver of the law; or requirement for the delivery of a performance d) Banking, money management or other or payment bond for construction of a public predominantly financial transactions of improvement, other than in cases of Rogue Valley Sewer Services that, by emergencies; their character, cannot practically be established under the competitive 3) Authorize the use of electronic contractor selection procedures, based advertisements for public improvement upon the findings of the manager. contracts in lieu of publication in a newspaper of general circulation; 7) Employee Benefits. Contracts for the administration of employee benefit plans. 4) Hear properly filed appeals of the manager’s determination of debarment, or concerning 8) Exempt under State Laws. Any other public pre-qualification; contracting specifically exempted from the Oregon Public Contracting Code by another 5) Adopt contracting rules under ORS provision of law. 279A.065 and 279A.070 including, without limitation, rules for the procurement, 9) Federal Law. Except as otherwise expressly management, disposal and control of goods, provided in ORS 279C.800 through services, personal services and public 279C.870, applicable federal statutes and improvements; and regulations govern when federal funds are involved and the federal statutes or 6) Award all contracts that exceed the authority regulations conflict with any provision of the of the manager. Oregon Public Contracting Code or these [Ord. 05-01, 2005.] regulations, or require additional conditions in public contracts not authorized by the 3.05.040 Public contracts – Model rules. Oregon Public Contracting Code or these The model rules adopted by the Attorney General regulations. under ORS 279A.065 are adopted as 10) Energy-saving performance contracts. supplemental to this chapter and will apply only to the extent that they do not conflict with the 11) It is the intent of this chapter that the contracting regulations adopted by Rogue Valley exceptions set forth herein be as broad as Sewer Services’ Board of Directors and the Page | 27

manager. review the public contracting laws, and [Ord. 05-01, 2005.] recommend to the Rogue Valley Sewer Services Board of Directors any 3.05.050 Public contracts – Authority of modifications required to ensure compliance manager. with statutory changes. 1) General Authority. The manager shall be the [Ord. 12-01, 2012; Ord. 05-01, 2005.] purchasing manager for Rogue Valley Sewer Services and is hereby authorized to issue all 3.05.060 Public contracts – Definitions. solicitations. The manager is further The following terms used in these regulations authorized to award all Rogue Valley Sewer shall have the meanings set forth below. Services contracts for which the contract 1) “Award” means the selection of a person to price does not exceed an amount set by the provide goods, services or public Board of Directors by resolution. Subject to improvements under a public contract. The the provisions of this chapter, the manager award of a contract is not binding on Rogue may adopt and amend all solicitation Valley Sewer Services until the contract is materials, contracts and forms required or executed and delivered by Rogue Valley permitted to be adopted by contracting Sewer Services. agencies under the Oregon Public Contracting Code or otherwise convenient 2) “Bid” means a binding, sealed, written offer for Rogue Valley Sewer Services contracting to provide goods, services or public needs. The contract review Board shall hear improvements for a specified price or prices. all solicitation and award protests. All contract documents shall be signed by the 3) Contract price” means the total amount paid RVSS manager or the Board chair. or to be paid under a contract, including any approved alternates, and any fully executed 2) Solicitation Preferences. When change orders or amendments. economically feasible, the manager may use solicitation documents and evaluation criteria 4) “Contract review Board” or “local contract that: review Board” means the Rogue Valley a) Give preference to goods and services that Sewer Services’ Board of Directors. have been manufactured or produced in the State of Oregon if price, fitness, 5) “Cooperative procurement” means a procure- availability and quality are otherwise ment conducted by or on behalf of one or equal; and more contracting agencies. b) Give preference to goods that are certified to be made from recycled products when 6) “Debarment” means a declaration by the such goods are available, can be contracting agency under ORS 279B.130 or substituted for nonrecycled products 279C.440 that prohibits a potential contractor without a loss in quality, and the cost of from competing for the Rogue Valley Sewer goods made from recycled products is not Services’ public contracts for a prescribed significantly more than the cost of goods period of time not to exceed three years. On made from nonrecycled products. behalf of the contracting agency, the manager is given the authority to make the declaration 3) Delegation of Manager’s Authority. Any of of debarment subject to appeal under ORS the responsibilities or authorities of the 279B.425 to the contracting agency. manager under this chapter may be delegated by written directive. 7) “Disposal” means any arrangement for the 4) Mandatory Review of Rules. Whenever the transfer of property by Rogue Valley Sewer Oregon State Legislative Assembly enacts Services under which Rogue Valley Sewer laws that cause the Attorney General to Services relinquishes ownership. modify its model rules, the manager should Page | 28

8) “Emergency” means circumstances that 15) “Offeror” means a person who submits a bid, create a substantial risk of loss, damage or quote or proposal to enter into a public interruption of services or a substantial threat contract with Rogue Valley Sewer Services. to property, public health, welfare or safety; and require prompt execution of a contract to 16) “Oregon Public Contracting Code” means remedy the condition. ORS chapters 279A, 279B and 279C.

9) “Energy savings performance contract” 17) “Person” means a natural person or any other means a contract with a qualified energy private or governmental entity having the service company for the identification, legal capacity to enter into a binding contract. evaluation, recommendation, design and construction of energy conservation 18) “Personal services contract” means a contract measures that guarantee energy savings or with an independent contractor performance. predominantly for services that require special training or certification; skill; 10) “Findings” means the statements of fact that technical, creative, professional or com- provide justification for a determination. munication skills or talents; unique and Findings may include, but are not limited to, specialized knowledge; or the exercise of information regarding operation, budget and judgment skills; and for which the quality of financial data; public benefits; cost savings; the service depends on attributes that are competition in public contracts; quality and unique to the service provider. Such services aesthetic considerations; value engineering; include, but are not limited to, the services of specialized expertise needed; public safety; architects, engineers, land surveyors, market conditions; technical complexity; attorneys, auditors and other licensed availability, performance and funding professionals, artists, designers, computer sources. programmers, performers, consultants, property managers, auditing, building 11) “Goods” means any item or combination of cleaning, landscape maintenance, supplies, equipment, materials or other compaction testing, materials testing personal property, including any tangible, services, computer software and intangible and intellectual property and rights maintenance, construction, inspection, and licenses in relation thereto. engineering, electrical services, surveying, equipment repair and warranty firms, 12) “Informal solicitation” means a solicitation insurance, financial advisors, rate made in accordance with Rogue Valley consultants, labor relations consultants, Sewer Services’ public contracting mailing services, mapping services, real regulations to a limited number of potential estate, attorneys, building officials, public contractors, in which the solicitation agent relations, telephone, pager, security alarm attempts to obtain at least three written quotes services and codification services. The or proposals. Such quotes or proposals manager shall have discretion to determine include without limitation those via fax or e- whether additional types of services not mail. specifically mentioned in this paragraph fit within the definition of personal services. 13) “Invitation to bid” means a publicly advertised request for competitive sealed 19) “Proposal” means a binding offer to provide bids. goods, services or public improvements with the understanding that acceptance will 14) “Model rules” means the public contracting depend on the evaluation of factors other rules adopted by the Attorney General under than, or in addition to, price. A proposal may ORS 279A.065. be made in response to a request for proposals or under an informal solicitation. Page | 29

Sewer Services requests, receives and 20) “Public contract” means a sale or other evaluates potential contractors and awards disposal, or a purchase, lease, rental or other public contracts. acquisition by Rogue Valley Sewer Services of personal property, services, including 27) “Solicitation agent” means the manager or personal services, public improvements, designee appointed in writing by the manager public works, minor alterations, or ordinary to exercise the authority of the manager under repair or maintenance necessary to preserve a these public contracting regulations. public improvement. 28) “Solicitation documents” means all 21) “Public improvement” means a project for informational materials issued by Rogue construction, reconstruction or major Valley Sewer Services for a solicitation, renovation on real property by or for Rogue including, but not limited to, advertisements, Valley Sewer Services. “Public instructions, submission requirements and improvement” does not include: schedules, award criteria, contract terms and a) Projects for which no funds of Rogue specifications, and all laws, regulations and Valley Sewer Services are directly or documents incorporated by reference. indirectly used, except for participation that is incidental or related primarily to 29) “Standards of responsibility” means the project design or inspection; or qualifications of eligibility for award of a b) Emergency work, minor alteration, public contract. An offeror meets the ordinary repair or maintenance necessary standards of responsibility if the offeror has: to preserve a public improvement. a) Available the appropriate financial, material, equipment, facility and 22) “Qualified pool” means a pool of vendors personnel resources and expertise, or who are pre-qualified to compete for the ability to obtain the resources and award of contracts for certain types of expertise necessary to indicate the contracts or to provide certain types of capability of the offeror to meet all services. contractual responsibilities; b) A satisfactory record of performance. 23) “Quote” means a price offer made in The solicitation agent shall document the response to an informal or qualified pool record of performance of an offeror if the solicitation to provide goods, services or solicitation agent finds the offeror to be public improvements. not responsible under this subsection; c) A satisfactory record of integrity. The 24) “Request for proposals” means a publicly solicitation agent shall document the advertised request for sealed competitive record of integrity of an offeror if the proposals. solicitation agent finds the offeror to be not responsible under this subsection; 25) “Services” means and includes all types of d) Qualified legally to contract with Rogue services (including construction labor) other Valley Sewer Services; than personal services. e) Supplied all necessary information in connection with the inquiry concerning 26) “Solicitation” means an invitation to one or responsibility. If an offeror fails to more potential contractors to submit a bid, promptly supply information requested proposal, quote, statement of qualifications by the solicitation agent concerning or letter of interest to Rogue Valley Sewer responsibility, the solicitation agent shall Services with respect to a proposed project, base the determination of responsibility procurement or other contracting upon any available information or may opportunity. The word “solicitation” also find the offeror nonresponsible; and refers to the process by which Rogue Valley f) Not been debarred by Rogue Valley Page | 30

Sewer Services, and, in the case of public with the solicitation requirements that improvement contracts, has not been would otherwise be applicable under listed by the construction contractors these regulations; Board as a contractor who is not qualified e) A description of the proposed alternative to hold a public improvement contract. contracting methods to be employed; and f) The estimated date by which it would be 30)“Surplus property” means personal property necessary to let the contract(s). owned by Rogue Valley Sewer Services which is no longer needed for use by the In making a determination regarding a special department to which such property has been selection method, the Board of Directors may assigned. consider the type, cost, amount of the contract or [Ord. 05-01, 2005.] class of contracts, number of persons available to make offers, and such other factors as it may 3.05.070 Public contracts – Process for deem appropriate. approval of special solicitation methods and exemptions. 3) Hearing: Rogue Valley Sewer Services shall 1) Authority of Rogue Valley Sewer Services’ approve the special solicitation or exemption Board of Directors. In its capacity as contract after a public hearing before the Board of review Board for Rogue Valley Sewer Directors following notice by publication in Services, the Board of Directors, upon its at least one newspaper of general circulation own initiative, or upon request of the in the Rogue Valley Sewer Services area. manager, may create special selection, a) At the public hearing, Rogue Valley evaluation and award procedures for, or may Sewer Services shall offer an opportunity exempt from competition, the award of a for any interested party to appear and specific contract or class of contracts as present comment. provided in this section. b) The Board of Directors will consider the findings and may approve the exemption 2) Basis for Approval. The approval of a special as proposed or as modified by the Board solicitation method or exemption from of Directors after providing an competition must be based upon a record opportunity for public comment. before the Board of Directors that contains the following: 4) Special Requirements for Public a) The nature of the contract or class of Improvement Contracts. contracts for which the special a) Notification of the public hearing for solicitation or exemption is requested; exemption of a public improvement b) The estimated contract price or cost of contract, or class of public improvement the project, if relevant; contracts, shall be published in a trade c) Findings to support the substantial cost newspaper of general statewide savings, enhancement in quality or circulation at least 14 days prior to the performance or other public benefit hearing. anticipated by the proposed selection b) The notice shall state that the public method or exemption from competitive hearing is for the purpose of taking solicitation; comments on Rogue Valley Sewer d) Findings to support the reason that Services’ draft findings for an exemption approval of the request would be unlikely from the standard solicitation method. to encourage favoritism or diminish At the time of the notice, copies of the competition for the public contract or draft findings shall be made available to class of public contracts, or would the public. otherwise substantially promote the public interest in a manner that could not 5) Commencement of Solicitation Prior to practicably be realized by complying Approval. A solicitation may be issued prior Page | 31

to the approval of a special exemption under Privately, Constructed Public this section; provided, that the closing of the Improvements. Rogue Valley Sewer solicitation may not be earlier than five days Services may contribute funding to a after the date of the hearing at which the privately constructed public Board of Directors approves the exemption. improvement project without subjecting If the Board of Directors fails to approve a the project to competitive solicitation requested exemption, or requires the use of a requirements if all of the following solicitation procedure other than the conditions are met with respect to the procedures described in the issued entire public improvement project: solicitation documents, the issued solicitation i) Rogue Valley Sewer Services’ may either be modified by addendum, or contribution to the project may not cancelled. exceed 25 percent of the total cost of the project; 6) The Board may allow sole source ii) Rogue Valley Sewer Services must procurement as provided under ORS comply with all applicable laws 279B.075. concerning the reporting of the [Ord. 0501, 2005.] project to the Bureau of Labor and Industries as a public works project; 3.05.080 Public contracts – Solicitation iii) The general contractor for the project methods for classes of contracts. must agree in writing to comply with The following classes of public contracts and the all applicable laws concerning method(s) that are approved for the award of each reporting and payment of prevailing of the classes are hereby established by the Board wages for the project; of Directors. iv) The funds contributed to the project may not provide a monetary benefit 1) Purchases from Nonprofit Agencies for to the owner of the development for Disabled Individuals. Rogue Valley Sewer which the project is being Services shall comply with the provisions of constructed, other than benefits that ORS 279.835 through 279.850. are shared by all users of the project; 2) Public Improvement Contracts. v) The performance of the general a) Any Public Improvement. Unless contractor and the payment of labor otherwise provided in these regulations for the project must be secured by or Oregon law approved for a special performance and payment bonds or exemption, public improvement other cash-equivalent security that is contracts in any amount may be issued acceptable to the manager to protect only under an invitation to bid. Rogue Valley Sewer Services b) Nontransportation Public Improvements against defective performance and up to $100,000. Public improvement claims for payment; and contracts other than contracts for a vi) The contract for construction of the highway, bridge or other transportation project must be amended, as project for which the estimated contract necessary, to require the general price does not exceed $100,000 may be contractor to maintain adequate awarded using an informal solicitation workers compensation and liability for quotes. insurance and to protect and provide c) Transportation Public Improvements Up indemnification to Rogue Valley to $50,000. Contracts for which the Sewer Services for all claims for estimated contract price does not exceed payment, injury or property damage $50,000 for highways, bridges or other arising from or related to the transportation projects may be awarded construction of the project. using an informal solicitation for quotes. e) Contributed Funding. Allowing a credit d) Rogue Valley Sewer Services – Funded against SDCs or other fees that would Page | 32

otherwise be due from the developer does for proposals, unless exempt from not constitute a contribution referred to in competitive solicitation. subsection (2)(d) of this section. a) Design/Build and CM/GC Contracts. Contracts for the construction of public 3) Personal Services Contracts. Any Personal improvements using a design/build or Services Contract. construction manager/general contractor a) Personal services contracts in any construction method shall be awarded amount may be awarded under a publicly under a request for proposals. The advertised request for competitive sealed determination to construct a project using proposals. a design/build or construction b) Personal Service Contracts Not manager/general contractor construction Exceeding $150,000. Contracts for method must be approved by the Board personal services for which the estimated of Directors, upon application of the contract price does not exceed $150,000 solicitation agent, in which the may be awarded using an informal solic- solicitation agent submits facts that itation for proposals. support a finding that the construction of c) Seventy-Five Thousand Dollar Award the improvement under the proposed from Qualified Pool. Contracts for method is likely to result in cost savings, personal services for which the estimated higher quality, reduced errors, or other contract price does not exceed $75,000 benefits to Rogue Valley Sewer Services. may be awarded by direct appointment without competition from a qualified 5) Contracts for Goods and Services. pool. a) Any Procurement. The procurement of d) Personal Service Contracts Not goods or services, or goods and services Exceeding $20,000 per Year. Contracts in any amount may be made under either for which the solicitation agent estimates an invitation to bid or a request for that payments will not exceed $20,000 in proposals. any fiscal year or $150,000 over the full b) Procurements up to $150,000. The term, including optional renewals, may procurement of goods or services, or be awarded under any method deemed in goods and services for which the Rogue Valley Sewer Services’ best estimated contract price does not exceed interest by the solicitation agent, $150,000, may be made under an including by direct appointment. informal solicitation for either quotes or e) Personal Service Contracts for proposals. Continuation of Work. Contracts of not more than $150,000 for the continuation 6) Contracts Subject to Award at Solicitation of work by a contractor who performed Agent’s Discretion. The following classes of preliminary studies, analysis or planning contracts may be awarded in any manner for the work under a prior contract may which the solicitation agent deems be awarded without competition if the appropriate to Rogue Valley Sewer Services’ prior contract was awarded under a needs, including by direct appointment or competitive process and the solicitation purchase. Except where otherwise provided agent determines that use of the original the solicitation agent shall make a record of contractor will significantly reduce the the method of award. costs of, or risks associated with, the a) Advertising. Contracts for the placing of work. notice or advertisements in any medium b) Amendments. Contract amendments 4) Hybrid Contracts. The following classes of shall not be considered to be separate contracts include elements of construction of contracts if made in accordance with the public improvements as well as personal public contracting regulations. services and may be awarded under a request c) Contracts up to $5,000. Contracts of any Page | 33

type for which the contract price does not unsolicited proposal to Rogue Valley exceed $5,000 without a record of the Sewer Services based on the unique method of award. attributes of the property or the d) Equipment Repair. Contracts for unique needs of the proposer; equipment repair or overhauling, ii) The proposed use of the property is provided the service or parts required are consistent with Rogue Valley Sewer unknown and the cost cannot be Services’ use of the property and the determined without extensive public interest; and preliminary dismantling or testing. iii) Rogue Valley Sewer Services e) Government Regulated Items. Contracts reserves the right to terminate the for the purchase of items for which prices contract without penalty, in the event or selection of suppliers are regulated by that Rogue Valley Sewer Services a governmental authority. determines that the contract is no f) Insurance. Contracts for insurance longer consistent with Rogue Valley policies and services. Sewer Services’ present or planned g) Nonowned Property. Contracts or use of the property or the public arrangements for the sale or other interest. disposal of abandoned property or other n) Used Property. The manager, for personal property not owned by Rogue procurements up to the limit in RVSSC Valley Sewer Services. 3.05.050(1), may contract for the h) Sole Source Contracts. Contracts for purchase of used property by negotiation goods or services which are available if such property is suitable for Rogue from a single source may be awarded Valley Sewer Services’ needs and can be without competition. purchased for a lower cost than i) Specialty Goods for Resale. Contracts substantially similarly new property. For for the purchase of specialty goods by this purpose the cost of used property Rogue Valley Sewer Services for resale shall be based upon the life-cycle cost of to consumers. the property over the period for which the j) Structures. Contracts for the disposal of property will be used by Rogue Valley structures located on Rogue Valley Sewer Services. The manager shall Sewer Services-owned property. record the findings that support the k) Renewals. Contracts that are being purchase. renewed in accordance with their terms o) Utilities. Contracts for the purchase of are not considered to be newly issued power, heat, water, telecommunications contracts and are not subject to services, and other utilities. competitive procurement procedures. l) Temporary Extensions or Renewals. 7) Contracts Required by Emergency Contracts for a single period of one year Circumstances. or less, for the temporary extension or a) In General. When the manager renewal of an expiring and determines that immediate execution of a nonrenewable, or recently expired, contract is necessary to prevent contract, other than a contract for public substantial damage or injury to persons improvements. or property, the manager may execute the m) Temporary Use of Rogue Valley Sewer contract without competitive selection Services-Owned Property. Rogue Valley and award or Board of Directors Sewer Services may negotiate and enter approval, but, where time permits, the into a license, permit or other contract for official shall attempt to use competitive the temporary use of Rogue Valley price and quality evaluation before Sewer Services-owned property without selecting an emergency contractor. If the using a competitive selection process if: amount is in excess of the limits in i) The contract results from an RVSSC 3.05.050(1), the manager shall Page | 34

first attempt to obtain verbal approval shall provide the manager with a copy of from a majority of the Board of the letter, memorandum or other Directors. documentation from the GSA b) Reporting. An official who enters into an establishing permission to Rogue Valley emergency contract shall, as soon as Sewer Services to purchase under the possible, in light of the emergency federal program. circumstances: b) The price of the goods or services must i) Document the nature of the be established under price agreements emergency, the method used for between the federally approved vendor selection of the particular contractor and the GSA. and the reason why the selection c) The price of the goods or services must method was deemed in the best be less than the price at which such goods interest of Rogue Valley Sewer or services are available under state or Services and the public; and local cooperative purchasing programs ii) Notify the Board of Directors of the that are available to Rogue Valley Sewer facts and circumstances surrounding Services. the emergency execution of the d) If a single purchase of goods or services contract. exceeds $150,000, the solicitation agent c) Emergency Public Improvement must obtain formal written quotes or Contracts. A public improvement proposals from at least two additional contract may only be awarded under vendors (if reasonably available) and emergency circumstances if the find, in writing, that the goods or services manager has made a written declaration offered by the GSA represent the best of emergency. Any public value for Rogue Valley Sewer Services. improvement contract award under emergency conditions must be awarded 9) Cooperative Procurement Contracts. within 60 days following the declaration Cooperative and joint procurements may be of an emergency unless the Board of made without competitive solicitation as Directors grants an extension of the provided in the Oregon Public Contracting emergency period. Where the time Code. delay needed to obtain a payment or performance bond for the contract could 10) Surplus Property. result in injury or substantial property a) General Methods. Surplus property may damage, the manager may waive the be disposed of by any of the following requirement for all or a portion of the methods upon a determination by the required performance and payment solicitation agent that the method of bonds. disposal is in the best interest of Rogue Valley Sewer Services. Factors that may 8) Federal Purchasing Programs. Goods and be considered by the solicitation agent services may be purchased without include costs of sale, administrative competitive procedures under a local costs, and public benefits to Rogue government purchasing program Valley Sewer Services. The solicitation administered by the United States General agent shall maintain a record of the Services Administration (“GSA”) as reason for the disposal method selected, provided in this subsection. and the manner of disposal, including the a) The procurement must be made in name of the person to whom the surplus accordance with procedures established property was transferred. Such list by the GSA for procurements by local should be given to the Board of Directors governments, and under purchase orders as soon as practical. or contracts submitted to and approved i) Governments. Without competition, by the manager. The solicitation agent by transfer or sale to another Rogue Page | 35

Valley Sewer Services department or purchased. These items may be sold for public agency. fair market value without bid and by a ii) Auction. By publicly advertised process deemed most efficient by the auction to the highest bidder. manager. iii) Bids. By publicly advertised d) Restriction on Sale to Rogue Valley invitation to bid. Sewer Services Employees. Rogue iv) Liquidation Sale. By liquidation sale Valley Sewer Services employees shall using a commercially recognized not be restricted from competing, as third-party liquidator selected in members of the public, for the purchase accordance with rules for the award of publicly sold surplus property, but of personal services contracts. shall not be permitted to offer to purchase v) Fixed Price Sale. The solicitation property to be sold to the first qualifying agent may establish a selling price bidder until at least 10 days after the first based upon an independent appraisal date on which notice of the sale is first or published schedule of values publicly advertised. generally accepted by the insurance e) Conveyance to Purchaser. Upon the industry, schedule and advertise a consummation of a sale of surplus sale date, and sell to the first buyer personal property, Rogue Valley Sewer meeting the sales terms. Services shall make, execute and deliver vi) Trade-In. By trade-in, in conjunction a bill of sale signed on behalf of Rogue with acquisition of other price-based Valley Sewer Services, conveying the items under a competitive property in question to the purchaser and solicitation. The solicitation shall delivering possession, or the right to take require the offer to state the total possession, of the property to the value assigned to the surplus purchaser. property to be traded. [Ord. 05-01, 2005.] vii) Donation. By donation to any organization operating within or 3.05.090 Public contracts – Informal providing a service to residents of solicitation procedures. Rogue Valley Sewer Services which Rogue Valley Sewer Services may use the is recognized by the Internal following procedure for informal solicitations in Revenue Service as an organization lieu of the procedures set forth in the model rules. described in Section 501(c)(3) of the 1) Informally Solicited Quotes and Proposals. Internal Revenue Code of 1986, as a) Solicitation of Offers. When authorized amended. by these regulations, an informal b) Disposal of Property with Minimal solicitation may be made by general or Value. Surplus property which has a limited advertisement to a certain group value of less than $500.00, or for which of vendors, by direct inquiry to persons the costs of sale are likely to exceed sale selected by the solicitation agent, or in proceeds, may be disposed of by any any other manner which the solicitation means determined to be cost-effective, agent deems suitable for obtaining including by disposal as waste. The competitive quotes or proposals. The official making the disposal shall make a solicitation agent shall deliver or record of the value of the item and the otherwise make available to potential manner of disposal. offerors, a written scope of work, a c) Personal Use Items. An item (or description of how quotes or proposals indivisible set) of specialized and are to be submitted and a description of personal use, with a current value of less the criteria for award. than $100.00, may be sold to the b) Award. The solicitation agent shall employee or retired or terminated attempt to obtain a minimum of three employee for whose use it was written quotes or proposals before Page | 36

making an award. If the award is made limited to, qualifications related to solely on the basis of price, the financial stability, contracts with solicitation agent shall award the contract manufacturers or distributors, to the responsible offeror that submits the certification as an emerging small lowest responsive quote. If the award is business, insurance, licensure, education, based on criteria other than, or in addition training, experience and demonstrated to, price, the solicitation agent shall skills of key personnel, access to award the contract to the responsible equipment, and other relevant offeror that will best serve the interest of qualifications that are important to the Rogue Valley Sewer Services, based on contracting needs of Rogue Valley Sewer the criteria for award. Criteria does have Services. to be made available ahead of such d) Contract. The operation of each qualified award. pool may be governed by the provisions c) Records. A written record of all persons of a pool contract to which Rogue Valley solicited and offers received shall be Sewer Services and all pool participants maintained. If three offers cannot be are parties. The contract shall contain all obtained, a lesser number will suffice; terms required by Rogue Valley Sewer provided, that a written record is made of Services, including, without limitation, the effort to obtain the quotes. terms related to price, performance, business registration or licensure, 2) Qualified Pools. continuing education, insurance, and a) General. To create a qualified pool, the requirements for the submission, on an manager may invite prospective annual or other periodic basis, of contractors to submit their qualifications evidence of continuing qualification. to Rogue Valley Sewer Services for The qualified pool contract shall describe inclusion as participants in a pool of the selection procedures that Rogue contractors qualified to provide certain Valley Sewer Services may use to issue types of goods, services, or projects contract job orders. The selection including personal services and public procedures shall be objective and open to improvements. all pool participants and afford all b) Advertisement. The invitation to partici- participants the opportunity to compete pate in a qualified pool shall be for or receive job awards. Unless advertised in the manner provided for expressly provided in the contract, advertisements of invitations to bid and participation in a qualified pool will not requests for proposals by publication in entitle a participant to the award of any at least one newspaper of general Rogue Valley Sewer Services contract. statewide circulation and the Medford e) Use of Qualified Pools. Subject to the Mail Tribune. If qualification will be for provisions of these regulations a term that exceeds one year or allows concerning methods of solicitation for open entry on a continuous basis, the classes of contracts, the solicitation agent invitation to participate in the pool must shall award all contracts for goods or be republished at least once per year and services of the type for which a qualified shall be posted at Rogue Valley Sewer pool is created from among the pool’s Services’ main office and on its website. participants, unless the solicitation agent c) Contents of Solicitation. Requests for determines that the best interests of participation in a qualified pool shall Rogue Valley Sewer Services require describe the scope of goods or services or solicitation by public advertisement, in projects for which the pool will be which case, pool participants shall be maintained, and the minimum notified of the solicitation and invited to qualifications for participation in the submit competitive proposals. pool, which may include, but shall not be f) Amendment and Termination. The Page | 37

manager may discontinue a qualified section prohibits Rogue Valley Sewer pool at any time, or may change the Services from using a “brand name or requirements for eligibility as a equivalent” specification, from specifying participant in the pool at any time, by one or more comparable products as giving notice to all participants in the examples of the quality, performance, qualified pool. functionality or other characteristics of the g) Protest of Failure to Qualify. The product needed by Rogue Valley Sewer manager shall notify any applicant who Services, or from establishing a qualified fails to qualify for participation in a pool product list. that it may appeal a qualified pool [Ord. 05-01, 2005.] decision to the Board of Directors in the manner described in RVSSC 3.05.130. 3.05.110 Public contracts – Bid, performance [Ord. 05-01] and payment bonds. 1) Solicitation Agent May Require Bonds. The 3.05.100 Public Contracts – Use of brand solicitation agent may require bid security name specifications for public improvements and a good and sufficient performance and 1) In General. Specifications for contracts shall payment bond even though the contract is of not expressly or implicitly require any a class that is exempt from the requirement. product by one brand name or mark, nor the product of one particular manufacturer or 2) Bid Security. Except as otherwise exempted, seller, except for the following reasons: the solicitations for all contracts that include a) It is unlikely that such exemption will the construction of a public improvement and encourage favoritism in the awarding of for which the estimated contract price will public improvement contracts or exceed $75,000 shall require bid security. substantially diminish competition for Bid security for a request for proposal may be public improvement contracts; or based on Rogue Valley Sewer Services’ b) The specification of a product by brand estimated contract price. name or mark, or the product of a particular manufacturer or seller, would 3) Performance Bonds. result in substantial cost savings to a) General. Except as provided in these Rogue Valley Sewer Services; or regulations, all public contracts are c) There is only one manufacturer or seller exempt from the requirement for the of the product of the quality required; or furnishing of a performance bond. d) Efficient utilization of existing b) Contracts Involving Public equipment, systems or supplies requires Improvements. Prior to executing a the acquisition of compatible equipment contract for more than $50,000 that or supplies. includes the construction of a public improvement, the contractor must deliver 2) Authority of Manager. The contracting a performance bond in an amount equal agency shall have authority to determine to the full contract price conditioned on whether an exemption for the use of a specific the faithful performance of the contract brand name specification should be granted in accordance with the plans, by recording findings that support the specifications and conditions of the exemption based on the provisions of contract. The performance bond must be subsection (1) of this section. On behalf of solely for the protection of Rogue Valley the contracting agency, the manager is Sewer Services and any public agency authorized to make such exemptions subject that is providing funding for the project to appeal under ORS 279B.425 to the for which the contract was awarded. contracting agency. c) Cash-in-Lieu. The manager may permit the successful offeror to submit a 3) Brand Name or Equivalent. Nothing in this cashier’s check or certified check in lieu Page | 38

of all or a portion of the required authorized by any early work amendment in performance bond. advance of the guaranteed maximum price amendment. Such bonds must be provided 4) Payment Bonds. before construction starts. a) General. Except as provided in these regulations, all public contracts are 7) Surety – Obligation. Each performance bond exempt from the requirement for the and each payment bond must be executed furnishing of a payment bond. solely by a surety company or companies b) Contracts Involving Public holding a certificate of authority to transact Improvements. Prior to executing a surety business in Oregon. The bonds may contract for more than $50,000 that not constitute the surety obligation of an includes the construction of a public individual or individuals. The performance improvement, the contractor must deliver and payment bonds must be payable to Rogue a payment bond equal to the full contract Valley Sewer Services or to the public price, solely for the protection of agency or agencies for whose benefit the claimants under ORS 279C.600. bond is issued, as specified in the solicitation documents, and shall be in a form approved 5) Design/Build Contracts. If the public by the manager. improvement contract is with a single person to provide both design and construction of a 8) Emergencies. In cases of emergency, or public improvement, the obligation of the when the interest or property of Rogue Valley performance bond for the faithful Sewer Services probably would suffer performance of the contract must also be for material injury by delay or other cause, the the preparation and completion of the design requirement of furnishing a good and and related services covered under the sufficient performance bond and a good and contract. Notwithstanding when a cause of sufficient payment bond for the faithful action, claim or demand accrues or arises, the performance of any public improvement surety is not liable after final completion of contract may be excused, if a declaration of the contract, or longer if provided for in the such emergency is made in accordance with contract, for damages of any nature, the provisions of RVSSC 3.05.080(7), unless economic or otherwise and including the Board of Directors requires otherwise. corrective work, attributable to the design [Ord. 05-01, 2005.] aspect of a design-build project, or for the costs of design revisions needed to 3.05.120 Public contracts – Electronic implement corrective work. advertisement of public improvement contracts. 6) Construction Manager/General Contractor In lieu of publication in a newspaper of general Contracts. If the public improvement circulation in the Rogue Valley Sewer Services contract is with a single person to provide metropolitan area, the advertisement for an construction manager and general contractor invitation to bid or request for proposals for a services, in which a guaranteed maximum contract involving a public improvement may be price may be established by an amendment published electronically by posting on Rogue authorizing construction period services Valley Sewer Services’ website; provided, that following preconstruction period services, the following conditions are met: the contractor shall provide the bonds 1) The placement of the advertisement is on a required by subsection (1) of this section location within the website that is maintained upon execution of an amendment on a regular basis for the posting of establishing the guaranteed maximum price. information concerning solicitations for Rogue Valley Sewer Services shall also projects of the type for which the invitation require the contractor to provide bonds equal to bid or request for proposals is issued; and to the value of construction services Page | 39

2) The solicitation agent determines that the use appeal, Rogue Valley Sewer Services of electronic publication will be at least as shall notify the appellant of the time and effective in encouraging meaningful place of the hearing; competition as publication in a newspaper of b) The Board of Directors shall conduct the general circulation in the Rogue Valley hearing and decide the appeal within 30 Sewer Services metropolitan area and will days after receiving notice of the appeal provide cost savings for Rogue Valley Sewer from the manager; and Services, or that the use of electronic c) At the hearing, the Board of Directors publication will be more effective than shall consider de novo the notice of publication in a newspaper of general debarment, or the notice of denial, circulation in the Rogue Valley Sewer revocation or revision of Services metropolitan area in encouraging prequalification, the standards of meaningful competition. responsibility upon which the decision [Ord. 05-01, 2005.] on prequalification was based, or the reasons listed for debarment, and any 3.05.130 Appeal of debarment or evidence provided by the parties. prequalification decision. 1) Right to Hearing. Any person who has been 4) Decision. The Board of Directors shall set debarred from competing for Rogue Valley forth in writing the reasons for the decision. Sewer Services contracts or for whom prequalification has been denied, revoked or 5) Costs. The Board of Directors may allocate revised may appeal Rogue Valley Sewer the Board of Directors’ costs for the hearing Services’ decision to the Board of Directors between the appellant and Rogue Valley as provided in this section. Sewer Services. The allocation shall be based upon facts found by the Board of 2) Filing of Appeal. The person must file a Directors and stated in the Board of written notice of appeal with the Rogue Directors’ decision that, in the Board of Valley Sewer Services’ manager within three Directors’ opinion, warrant such allocation of business days after the prospective costs. If the Board of Directors does not contractor’s receipt of notice of the allocate costs, the costs shall be paid by the determination of debarment, or denial of appellant, if the decision is upheld, or by prequalification. Rogue Valley Sewer Services, if the decision is overturned. 3) Notification of Board of Directors. Immediately upon receipt of such notice of 6) Judicial Review. The decision of the Board appeal, the manager will notify the Board of of Directors may be reviewed only upon a Directors of the appeal. petition in the circuit court of Jackson County filed within 15 days after the date of the 4) Hearing. The procedure for appeal from a Board of Directors’ decision. debarment or denial, revocation or revision of [Ord. 05-01, 2005.] prequalification shall be as follows: a) Promptly upon receipt of notice of Page | 40

TITLE 4-STORM WATER MANAGEMENT

Chapters: 4.05 STORM WATER MANAGEMENT 4.10 DESIGN MANUAL

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Chapter 4.05 Storm Water protect and safeguard the health, safety, and general welfare of the public residing in Management watersheds within this jurisdiction. This Sections: chapter seeks to meet that purpose through 4.05.010 Purpose. the following objectives: 4.05.020 Definitions. a) Minimize increases in storm water runoff 4.05.030 Storm water utility program. and prevent the discharge of non-storm 4.05.040 Reserved water discharges into the storm sewer 4.05.050 Utility administration. system, except those non-storm water 4.05.060 Reserved. discharges which do not degrade water 4.05.070 System of rates and charges. quality as determined by the manager, or 4.05.080 Billing and collection. designee, and are specifically allowed by 4.05.090 Appeal of charges. this chapter. 4.05.100 Water quality in storm sewers. b) Minimize the discharge of specific 4.05.110 Development. pollutants into streams identified as 4.05.120 Inspection. water quality impaired on DEQ’s 303(d) 4.05.130 Enforcement and penalties. list or that have an established total 4.05.140 Enforcement and penalties by DEQ. maximum daily load (TMDL) for 4.05.150 Annual report to storm sewer utility sediment or turbidity. customers. 3) Applicability. This chapter shall be applica- 4.05.010 Purpose ble to areas within the RVSS storm water 1. General. The district finds and declares: quality management area, known as the a) That absent effective maintenance, RVSS Phase 2 communities and the White operation, regulation, and control, City storm sewer area. The following existing storm water drainage conditions activities are exempt from the requirements in many areas within the district of this chapter: constitute a potential hazard to the health, a) Any logging and agricultural activity safety and general welfare of the district. which is consistent with an approved soil b) That these areas are the ones included in conservation plan or a timber the Oregon Department of management plan approved by the Environmental Quality’s (DEQ) Oregon Department of Agriculture. National Pollution Discharge Elimina- b) Developments within the White City tion System (NPDES) Phase 2 permits industrial storm drainage area which are which are within those jurisdictions regulated by Chapter 5.15 RVSSC. contracting with RVSS for storm water quality management, known as RVSS 4) Compatibility with Other Permit and Phase 2 communities. Ordinance Requirements. This chapter is not c) The district’s Board further finds that intended to interfere with, abrogate, or annul natural and manmade storm sewer any other ordinance, rule or regulation, facilities and conveyances constitute a statute, or other provision of law. The storm sewer system and that effective requirements of this chapter should be improvement, regulation, and control of considered minimum requirements, and storm water through formation, by the where any provision of this chapter imposes district, of a storm water management restrictions different from those imposed by program. any other ordinance, rule or regulation, or other provision of law, whichever provisions 2) Establish Minimum Storm Water are more restrictive or impose higher Requirements. The purpose of this chapter is protective standards for health, safety, and to establish minimum storm water general welfare of the public or the management requirements and controls to environment shall be considered to take Page | 42

precedence. 10) “Impervious surface area” means any surface that has a runoff coefficient greater than 0.8. 4.05.020 Definitions. Types of impervious surface include For the purposes of this chapter, see definitions rooftops, traditional asphalt and concrete specified in the Rogue Valley Storm Water parking lots, driveways, roads, sidewalks, Design Manual (SWQ Design Manual), which is and pedestrian plazas. Note: Slatted decks incorporated herein by reference and definitions are considered pervious. Gravel surfaces of the following: used for vehicular traffic are considered 1) “Accelerated erosion” means erosion caused impervious. by development activities that exceeds the natural processes by which the surface of the 11) “Industrial storm water permit” means a land is worn away by the action of water, National Pollutant Discharge Elimination wind, or chemical action. System permit issued to a commercial industry, or group of industries, which 2) “Board” means the Rogue Valley Sewer regulates the pollutant levels associated with Services District’s Board. industrial storm water discharges, or specifies on-site pollution control strategies. 3) “County” means Jackson County. 12) “Maintenance agreement” means a legally 4) “Customer” or “person” means any recorded document that acts as a property individual; public or private corporation and deed restriction, and which provides for long- its officers; partnership; association; firm; term maintenance of storm water trustee; executor of an estate; the state or its management practices. departments, institutions, bureaus, agencies; county; district; political subdivision; or any 13) “Mitigation” means on-site facilities, or other governmental or legal entity recognized practices, which reduce storm water quantity by law. or improve storm water quality.

5) “Developed parcel” means any parcel whose 14) “Multifamily residential parcel” means any surface has been altered by grading, filling, parcel of land containing two or more or construction of any improvement. dwelling units.

6) “District” means Rogue Valley Sewer 15) “National Pollutant Discharge Elimination Services district, a Chapter 450 ORS special System (NPDES)” is the Federal Clean service district in the state of Oregon. Water Act establishing specific permit requirements for the control of storm water 7) “Erosion and sediment control plan (ESCP)” discharge. means a plan that is designed to minimize the accelerated erosion and sediment runoff at a 16) “Parcel” means the smallest separately site during construction activities. segregated unit of land having an owner. A parcel has boundaries and surface area, and is 8) “Equivalent residential unit (ERU)” is equal documented with a property number by the to 3,000 square feet of impervious surface county. area. This is based on an average single- family residential parcel, which has an 17) “Permit registrant” means the person that impervious surface area of 3,000 square feet. submits an application for a 1200-C permit with the Department of Environmental 9) “Illicit discharge” means any non-storm Quality or RVSS as an agent for DEQ. water discharge into the storm drainage system. 18) “RVSS Phase 2 communities” means areas within the cities contracting with RVSS, Page | 43

currently Central Point, Phoenix and Talent responsibility for planning, design, construction, and the areas outside of cities and within the maintenance, administration and operation of county included in the Department of district storm sewer conveyances and facilities, as Environmental Quality’s NPDES permit with well as responsibility for storm water quality RVSS. management covered by the intergovernmental agreements with the RVSS Phase 2 communities. 19) “Single-family residential parcel” means any [Ord. 06-03, 2006; Ord. 04-08 § 1(3), 2004.] parcel of land containing a single-family unit. 4.05.040 Reserved 20) “Storm water quality management area” means the area defined in the NPDES Phase 4.05.050 Utility administration. 2 permit. This area includes the cities of The storm water management program shall be Central Point, Phoenix, and Talent as well as administered by the manager and the storm sewer some urbanized portions of Jackson County. utility fund shall be administered by the RVSS manager or designee. [Ord. 06-03, 2006; Ord. 21) “Storm water system” means manmade storm 04-08 § 1(5), 2004.] sewer facilities, conveyances, and natural storm water systems, including designated 4.05.060 Reserved open spaces, owned or maintained by the district or contracting jurisdictions that store, 4.05.070 System of rates and charges. control, treat, and/or convey storm water. 1) Service Fees Imposed. The district will impose storm sewer utility fund rates and 22) “Storm water utility program” or “program” charges on each parcel of real property within means the program created by this chapter, the RVSS Phase 2 communities except which provides for the operation, publicly owned streets. The charges shall maintenance, regulation and improvement of fund the administration, planning, design, storm water facilities within Rogue Valley construction, water quality management, Sewer Services district. operation, maintenance, and repair of existing and future storm sewer facilities. 23) “Undeveloped parcel” means any parcel that However, any property determined by the has not been altered by grading, filling, or RVSS manager or designee to be more costly construction. in time and/or money to bill than would be justified will be temporarily exempt. 24) “Watercourse” means a permanent or intermittent stream or other body of water, 2) Methods of Determining Contribution of either natural or manmade, which gathers or Storm Water. carries surface water. a) Contributions of storm water from nonresidential parcels, and residential 25) “White City industrial storm drainage area” parcels larger than duplexes, will be means that area of White City that is under determined by measuring the amount of RVSS jurisdiction for storm drainage. This impervious surface. is the industrial portion of White City, b) Contributions of storm water from generally bounded by Highway 62, Avenue residential parcels will be determined by A, Table Rock Road, and Avenue H. estimating the average residential [Ord. 06-03, 2006; Ord. 04-08 § 1(2), 2004.] impervious areas.

4.05.030 Storm water utility program. 3) Method of Determining Service Fee Rates. There is hereby created and established a storm Storm water service fees shall be applied to water management program and a storm water each parcel of real property within the utility fund and a service charge rate structure. district, unless temporarily exempt, except The district will have regulatory authority and government-owned streets. Service fees Page | 44

shall be differentiated according to the adjustment. The adjustment request must following classifications: state the grounds for adjustment and must be filed in writing with the manager, or 4) Residential Parcels. Single-family designee, no later than 30 days after receipt residential and duplex parcels which are on of billing. The manager, or designee, shall separate tax lots shall constitute one ERU. review the request and basis for use charges to determine whether an error was made in 5) Undeveloped Parcels. Undeveloped parcels the calculation or application of the fee. The shall be considered temporarily exempt and manager, or designee, may approve an have no charges applied. adjustment to the fee.

6) Other Parcels. Charges for all other parcels 2) An appeal of the manager’s, or designee’s, shall be computed by multiplying the total decision may be brought before the Board ERUs for a parcel by the monthly rate. Total within 30 days after the date of the ERUs are calculated by dividing total square manager’s, or designee’s, decision. The feet of impervious surface by 3,000 square appeal must be in writing and address the feet (one ERU). decision that is appealed and state the reasons why the decision should be modified or 7) Credits for on-site mitigation shall be reversed. Following receipt of an appeal, the determined in accordance with the SWQ Board shall set the matter for a hearing within Design Manual. a reasonable amount of time. The decision of [Ord. 06-03, 2006; Ord. 04-08 § 1(7), 2004.] the Board shall be final and conclusive.

4.05.080 Billing and collection. 3) If an appeal of charges is successful, credit 1) Utility Enterprise Fund. This chapter creates will be applied to all charges from the time of the storm sewer utility fund. All revenues the appealed billing, and will be reflected on received from storm water user fees shall be a future billing after the appeal is granted. placed in the enterprise fund as a designated [Ord. 06-03, 2006; Ord. 04-08 § 1(9), 2004.] fund, to be left separate and apart from all other district funds. The collection, 4.05.100 Water quality in storm sewers. accounting, and expenditure of all storm 1) General. The only substance allowed to be sewer utility funds shall be in accordance discharged into the public storm sewer are with Oregon law. storm water, surface drainage, subsurface drainage, ground water, cooling water or 2) Billing. The district shall bill, or cause to be nonpolluted water described in subsection billed, property owners for storm sewer (3)(a) of this section. Such water may be utility services. Fees and charges shall be discharged only into storm sewer facilities considered delinquent if not paid as which have adequate capacity for the determined by the procedures established by accommodation of such water. Such the district, and may be collected in discharged water shall comply with the SWQ accordance with RVSSC 8.50.030. In Design Manual requirements. addition, the RVSS manager, or designee, is authorized to make such collections in 2) Obstruction. accordance with ORS 450.880 and 454.225. a) It is unlawful for any person to obstruct [Ord. 06-03, 2006; Ord. 04-08 § 1(8), 2004.] or contribute to the obstruction of the flow of storm water runoff or non-storm 4.05.090 Appeal of charges. water runoff into any sump, retention 1) Any nonresidential customer who disagrees basin, storm drain, curb and gutter, drain with the storm water rate structure’s inlet, ditch, creek, or other associated application to his/her property may apply to structural controls that convey storm the manager, or designee, for a user fee water and/or non-storm water runoff, Page | 45

unless the obstruction is authorized by practicable by the person responsible for the manager, or designee, and granted the discharge. The prohibition shall not with the issuance of a permit signed by apply to any non-storm water discharge the manager, or designee. permitted under an NPDES permit, b) It is unlawful for a person to cover over waiver, or waste discharge order issued any drain inlet for any reason or purpose, to the discharger and administered under unless the obstruction is authorized and the authority of the Oregon DEQ; granted with the issuance of a permit provided, that the discharger is in full signed by the manager, or designee. compliance with the requirements of the Installation of temporary sediment and/or permit, waiver, or order and other erosion control measures are authorized, applicable laws and regulations. The provided they are adequately maintained following discharges are allowed and do not cause flooding. provided they do not, as determined by c) Private Storm Sewer Assets. Every the manager, or designee, cause or person owning property through which a threaten to cause a condition of pollution, watercourse passes shall keep and contamination or nuisance: maintain that part of the watercourse i) Water line flushing; within the property free of trash, debris, ii) Lawn and landscape irrigation; and other obstacles that would pollute, iii) Diverted stream flows; contaminate, or significantly retard the iv) Rising ground waters; flow of water through the watercourse. v) Uncontaminated ground water In addition, the owner shall maintain infiltration; existing privately owned structures vi) Uncontaminated pumped ground within or adjacent to a watercourse, so water; that such structures will not become a vii) Discharges from potable water hazard to the use, function, or physical sources; integrity of the watercourse. viii) Foundation drains; d) Subsections (2)(a) and (b) of this section ix) Air conditioning condensate; shall not apply during clean-up periods x) Irrigation water; established by the district, provided the xi) Springs; materials are placed according to any xii) Water from crawl space pumps; directions from the district and do not xiii) Footing drains; obstruct storm water facilities. xiv) Lawn watering; xv) Individual residential car washing; 3) Discharge. xvi) Flows from riparian habitats or a) Prohibition of Illegal Discharges. No wetlands; person shall throw, dump, drain, or xvii) Dechlorinated swimming pool otherwise discharge, cause, or allow discharges; others under its control to throw, dump, xviii) Street wash water; drain, or otherwise discharge into the xix) Discharges or flows from public storm sewer system any pollutants firefighting activities. or waters containing any pollutants, other than storm water. The commencement, b) Prohibition of Illicit Connection. conduct, or continuance of any illegal i) The construction, use, maintenance discharge into the storm sewer system is or continued existence of illicit prohibited. If any discharge is connections to the public storm determined by the manager, or designee, sewer system is prohibited. to cause, or threaten to cause, a condition ii) This prohibition expressly includes, of pollution, contamination or nuisance, without limitation, illicit connections the discharge shall be stopped, treated made in the past, regardless of and cleaned up to the maximum extent whether the connection was Page | 46

permissible under law or practices Note: Unknown chemicals should always be applicable or prevailing at the time of treated as though they are hazardous. connection. [Ord. 10-03, 2010; Ord. 06-03, 2006; Ord. 04-08 iii) A person is considered to be in § 1(10, 11), 2004.] violation of this chapter if the person connects a line conveying sewage 4.05.110 Development. into the public storm sewer system, 1) Projects Greater Than One Acre. or allows such a connection to Construction activities which disturb more continue. than one acre of land, or are part of a larger iv) Improper connections in violation of common plan of development or sale, are this chapter must be disconnected required to obtain a permit through RVSS and redirected, if necessary, to an regulating this activity. Applications, approved location. transfers, and notice of termination for permits shall be on the forms provided by 4) Industrial Activity Discharges. Any person Oregon DEQ. subject to an industrial activity NPDES storm a) Construction activities that disturb one to water discharge permit shall comply with all five acres are required to obtain an RVSS provisions of such permit. Proof of construction permit. A copy of the RVSS compliance with said permit may be required construction permit and fee amounts are prior to RVSS allowing discharges into the available on the RVSS website at storm sewer system. The operator of the www.rvss.us. facility required to have an NPDES permit to b) Construction activities that disturb five discharge storm water associated with an acres or more are required to obtain an industrial activity shall submit a copy of the NPDES 1200-C permit from RVSS, a permit to RVSS when that permit is DEQ agent. A copy of the 1200-C permit requested. application, forms, guidance documents and fee amounts are available at the DEQ 5) Construction Activity Discharges. Any website at www.deq.state.or.us. person subject to an RVSS construction c) Transfer Permit Registration. An owner permit or NPDES storm water discharge or permit registrant must submit a DEQ permit shall comply with all provisions of approved transfer form prior to permit such permit. Proof of compliance with said expiration, or prior to transfer of permit may be required prior to RVSS ownership or operation. allowing discharges into the public storm d) Segregated Parcel(s). The owner or sewer system. A construction site required to permit registrant may transfer have an NPDES permit to discharge storm responsibility for permit compliance for water associated with construction activities a segregated parcel(s) to other entities shall submit a copy of the permit to RVSS subject to approval by RVSS. The when that permit is requested. transfer agreement will require the transferee to meet all requirements of the 6) Reportable Discharges including Spills. RVSS construction permit or NPDES Under ORS 466.605 and OAR 340-142- 1200-C permit. The permit registrant 0050, the person who spills a contaminant, must still file a notice of termination and the person who owns or has authority when all construction activities are over the contaminant, are responsible for completed and protected. reporting any spill and for containing and e) SWQ Design Manual. All new cleaning up any spill. Any spills exceeding development must comply with the the limits in OAR 340-142-0050 shall be design and performance standards reported within 48 hours, in accordance with outlined in the SWQ Design Manual the approved RVSS spill response plan. approved by RVSS.

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2) Maintenance Agreement. Storm water may conduct emergency measures in the treatment practices shall have an enforceable event that the storm water management operation and maintenance agreement to facility becomes a danger to public ensure the system functions as designed. safety, health or general welfare. After This agreement will include: proper notice, RVSS may assess the a) Access to storm water treatment facilities owner(s) of the facility a minimum at the site by RVSS for the purpose of charge of $500.00 per storm water inspection and repair by securing quality feature requiring maintenance or maintenance easements needed on a repair, or the actual cost of maintenance permanent basis. These easements will or repair work, whichever is greater, and be recorded with the plan and will remain any penalties for violations to this in effect even with transfer of title to the chapter. property. b) Under emergency conditions, if time b) A legally binding covenant specifying permits, RVSS will make every effort to the parties responsible for the proper contact the responsible party for maintenance of storm water treatment emergency measures. If the emergency facilities. does not allow RVSS time to contact the c) Parties responsible for the operation and responsible party, and/or they fail or maintenance of a storm water refuse to conduct emergency measures management facility shall have the immediately, RVSS may conduct operations and maintenance manual emergency measures to prevent a danger available at all times. Record of to public safety, health or general maintenance and repairs for the last five welfare. RVSS may assess the owner(s) years shall be retained and available for of the facility a minimum of $500.00 per inspection by RVSS. A summary report storm water quality feature or the actual of maintenance activities shall be cost of maintenance or repair work, submitted to RVSS by May 1st of each whichever is greater, and any penalties year. for violations to this chapter (as allowed d) If landscaping is part of storm water under RVSSC 4.05.130). treatment, then the applicant must prepare and submit a detailed plan for 4) Maintenance and Repair. After emergency management of vegetation at the site measures are taken by RVSS in either after construction, including who will be subsection (1)(c)(ii)(1) or (2) of this section, responsible for the maintenance of the responsible party shall within 14 days vegetation at the site and what practices provide RVSS with a new operations and will be employed to ensure that adequate maintenance plan detailing procedures to vegetation cover is preserved. prevent any future emergency situations. If the responsible party fails or refuses to 3) Failure to Maintain Storm Water prepare the new operations and maintenance Management Facilities. plan, RVSS may assess the owner(s) of the a) Under nonemergency conditions, if the facility a penalty not to exceed $2,000 per responsible party fails or refuses to meet violation per day (as allowed under RVSSC the maintenance agreement, RVSS shall 4.05.130). notify the party responsible for maintenance of the storm water 5) Erosion and Sediment Control Plan (ESCP). management facility in writing. Unless specifically excluded from the Generally, upon receipt of that notice, the requirements of this chapter, development responsible person shall have 48 hours to proposals greater than one acre must include maintain and/or repair the facility in an an ESCP; and development proposals less approved manner. If the conditions than one acre must include an ESCP if continue, RVSS, after reasonable notice, requested by RVSS. Plan requirements and Page | 48

standards are detailed in the SWQ Design calibrated to ensure accuracy. Manual, RVSS construction permit and the NPDES 1200-C permit. 6) Removal of Obstruction. The permit regis- trant shall remove any temporary or 6) Projects Less Than One Acre. Construction permanent obstruction to safe and easy activities that disturb less than one acre are access to the facility to be inspected and/or not required to obtain an RVSS construction sampled at the written or oral request of permit or NPDES 1200-C permit. Such RVSS and it shall not be replaced until projects, including single-family home authorized by RVSS. The costs of clearing construction, are required to meet all other such access shall be at the permit registrant’s provisions of this chapter. expense. [Ord. 1003, 2010; Ord. 06-03, 2006.] 7) Access Delays. The permit registrant shall 4.05.120 Inspection. not cause unreasonable delays in allowing 1) Right of Entry. The permit registrant shall RVSS access to a permitted facility and any permit RVSS to enter and inspect facilities such delay will be a violation of this chapter. subject to regulation under this chapter as A person who is the operator of a facility with often as may be necessary to determine an NPDES permit to discharge storm water compliance. associated with industrial activity commits an offense if the person denies RVSS reasonable 2) Security. If a permit registrant permit has access to the permitted facility for the security measures in force that require proper purpose of conducting any activity identification and clearance before entry into authorized or required by this chapter. its premises, they shall make the necessary a) Notice of Construction Commencement. arrangements prior to construction activities The permit registrant must notify RVSS to allow access for RVSS. for a preconstruction conference at least two working days prior to the 3) Access. The permit registrant shall allow commencement of construction. Regular RVSS access to all parts of the premises for inspections during construction activities the purposes of inspection, sampling, shall be conducted by RVSS. examination and copying of records that must Inspections shall be documented in be kept under the conditions of an RVSS writing as follows: The date and location construction permit or NPDES permit to of the inspection. discharge storm water. b) Whether construction is in compliance with this chapter including an approved 4) The permit registrant shall allow the use of ESCP and an RVSS construction permit facilities for inspection and monitoring by or NPDES 1200-C permit. RVSS. RVSS shall have the right to set up c) Variations from the approved on any permitted facility such devices as are construction specifications. necessary in the opinion of RVSS to conduct d) Description of any violations to this monitoring and/or sampling of the facility’s chapter. storm water discharge. 8) As-Built Plans. Applicants are required to 5) Monitoring. The permit registrant shall submit actual “as-built” plans for storm install monitoring equipment directed by sewer and storm water management practices RVSS as necessary. The facility’s sampling located on-site after final construction. The and monitoring equipment shall be plan shall include the final design maintained at all times in a safe and proper specifications, manufacturer’s submittals, operating condition by the permit registrant operations and maintenance manual, and at its own expense. Devices used to measure final as-built plans for sanitary sewer and storm water flow and quality shall be storm water management facilities certified Page | 49

by a professional engineer registered in of compliance with this chapter by an owner or Oregon, unless otherwise approved by the permit registrant will be passed on to the owner district engineer, or designee. A final or permit registrant. inspection by RVSS of the sanitary and storm [Ord. 06-03, 2006.] sewer system is required. [Ord. 10-03, 2010; Ord. 06-03, 2006.] 4.05.150 Annual report to storm sewer utility customers. 4.05.130 Enforcement and penalties. The manager or designee shall prepare an annual This chapter may be enforced through RVSSC report, on a fiscal year basis, on the storm sewer Title 8, including, without limitation, Chapter utility fund which, if acceptable, shall be 8.50 RVSSC or by filing civil actions in the approved by the district’s Board. This report district court as provided by law. The district has shall summarize the financial activities of the sole discretion to decide whether to file a civil or utility and the major areas of expenditure, field criminal case for a violation. The district may file activities, accomplishments, and the upcoming both, or one or the other. The possibility of an year’s priorities. administrative remedy pursuant to RVSSC Title [Ord. 06-03, 2006; Ord. 04-08 § 1(14), 2004. 8 shall in no way interfere with the district’s right Formerly 4.05.140] to prosecute violations of this chapter as criminal offenses. The district may use any of the remedies available under the law in both civil and Chapter 4.10 Design Manual criminal prosecution. If the district chooses to file both civil and criminal charges for the same Sections: violation, no civil penalties may be assessed, but 4.10.010 Adopted. all other remedies are available. [Ord. 06-03, 2006; Ord. 04-08 § 1(13), 2004.] 4.10.010 Adopted. The Board shall review the Rogue Valley Storm 4.05.140 Enforcement and penalties by DEQ. Water Quality Design Manual annually for Enforcement and penalties in RVSSC 4.05.130 adoption by resolution. are in addition to any enforcement action or [Ord. 06-01, 2006.] penalties imposed by DEQ. Any monetary penalties imposed by DEQ on RVSS due to lack Page | 50

TITLE 5-STORM DRAINS

Chapters: 5.05 Storm Drain Specifications 5.10 Storm Drain Improvements 5.15 White City Industrial Area

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Chapter 5.05 Storm Drain sale contract or memorandum thereof, or, if none, the holder of the record title to the land Specifications in which such vendee or holder has a present interest equal to or greater than a life estate. Sections: 5.05.010 Adoption. 5) “Storm drain” shall mean all drainage works 5.05.020 Penalties. for draining, collecting, pumping or disposing of all natural surface precipitation, Amendments to the most current edition of the whether such works are manmade or natural Oregon Standard Specifications are online at drainage ways, and all facilities relating http://www.oregonapwa.org. thereto.

5.05.010 Adoption. 6) “Remonstrance” shall mean a written The Board of Directors of RVSS shall adopt objection to a specified project and/or construction specification standards by financing plan stating the facts and basis for resolution. objection signed by the owner of land subject [Ord. 89-4, 1989.] to a proposed project or assessment.

5.05.020 Penalties. 7) “RVSS” shall mean the Rogue Valley Sewer If these standard specifications or other RVSS Services. [ requirements set forth in this title are not Ord. 89-3 §1, 1989.] followed, the provisions, including penalties, contained in Chapter 8.50 RVSSC, Penalties 5.10.020 General authority. Other Than Industrial, shall apply. Whenever the Board deems it expedient or [Ord. 07-03 § 1(A), 2007.] necessary for the protection of the public health,

safety and welfare, it may cause RVSS to: Chapter 5.10 Storm Drain 1) Construct, maintain, improve or operate Improvements drainage systems, including trunk and lateral drains or any combination thereof, and Sections: related facilities, for any area within RVSS. 5.10.010 Definitions Portions of such systems may be constructed 5.10.020 General authority. outside RVSS where necessary or expedient. 5.10.030 Cost of storm drainage system. 2) Contract with any city or county, any district 05-10-010 Definitions organized for a public purpose, any other As used in this chapter, unless the context governmental agency, or any person, requires otherwise: partnership, association or corporation, for 1) “Board” shall mean the Board of Directors of the use or joint operation of all or any portion Rogue Valley Sewer Services. of any storm drain system owned or controlled by any such city, county, district, 2) “Improvement,” “project” or “installation” agency, person, partnership, association or shall mean existing storm drain systems to be corporation. purchased, acquired, operated, maintained or improved, or the construction of new storm 3) Purchase or otherwise acquire all or any drains to serve benefited property. portion of any storm drainage system from any such city, county, district, governmental 3) “Manager” shall mean the manager of Rogue agency, person, partnership, association or Valley Sewer Services. corporation, on such terms as are fair and reasonable. Where the area served by such 4) “Owner,” “owner of land,” or “landowner” system or part thereof is situated within shall mean a vendee under a recorded land RVSS, RVSS may agree on such terms as are Page | 52

fair and reasonable to furnish drainage change to improved or unimproved real functions for the area then served by such property including but not limited to drainage system, and as a part of the purchase buildings or other structures, mining, agreement, on such terms as are fair and dredging, filling, grading, paving, excavation reasonable, RVSS may assume liability for or drilling operations. any outstanding bonded or other indebtedness incurred prior to the time of 3) “Drainage management” means the planning purchase or acquisition in connection with for and handling of surface water runoff so as the facilities to be purchased. to minimize its adverse impacts upon the [Ord. 89-3 § 2, 1989.] public health, safety, and welfare; upon property, public or private; upon local 5.10.030 Cost of storm drainage system. economy and aesthetics. A “drainage The cost of any storm drainage system shall be management utility” is a body of ordinances, borne as follows: policies, practices and capital improvements 1) The cost of purchase or construction of a by which this aim is accomplished. storm drainage system shall be borne by the area directly benefited by the system. The 4) “Impervious surfaces” are those hard surface property within such area shall bear such cost areas located upon real property which either in the manner provided in ORS 450.855. prevent or retard saturation of water into the land surface, as existed under natural 2) The cost of operation, maintenance and conditions preexistent to development or improvement of storm drainage systems shall improvement, and/or cause water to run off be borne by the area directly benefited by the land surface in greater quantities or at an such systems. The property within such area increased rate of flow from that present under shall bear such cost in the manner provided natural conditions pre-existent to in ORS 450.880 and RVSSC 5.10.230. development. Common impervious surfaces [Ord. 89-3 § 3, 1989.] include, but are not limited to, rooftops, concrete or asphalt sidewalks, walkways, Chapter 5.15 White City Industrial patio areas, driveways, parking lots or storage areas and graveled, oiled, macadam Area or other surfaces which similarly impact the natural saturation or runoff patterns which Sections: existed prior to development. 5.15.010 Definitions. 5.15.020 Storm drainage policy. 5) “Improved premises” means any area which 5.15.030 Establishment of storm drain area – has been altered such that the runoff from the White City industrial area. site is greater than that which could 5.15.040 Monthly storm drainage charges. historically have been expected. Such a 5.15.050 Reduction for runoff control measures. condition shall be determined by the RVSS 5.15.060Billing and collection of drainage manager after consultation with RVSS charges. engineer.

Ord. 89-5 has been revised by Ord. 91-11. 6) “Improvement,” “project” or “installation” shall mean existing storm drain systems to be 5.15.010 Definitions. purchased, acquired, operated, maintained or As used in this chapter, except where the context improved, or the construction of new storm otherwise requires: drains to serve benefited property. 1) “Board” shall mean the governing body of 7) “Log decks,” “log ponds” and “sawdust RVSS. piles” shall mean areas larger than 3,000 square feet which are used exclusively for the 2) “Development” shall mean any manmade storage of logs or sawdust, and for which Page | 53

surface water runoff is minimized due to the 1) The improvement of both public and private nature of such storage. storm drainage facilities through or adjacent to a new development shall be the 8) “Manager” shall mean the manager of the responsibility of the developer. Said Rogue Valley Sewer Services. improvements shall comply with all applicable ordinances, policies and standards 9) “Open drainage way” means a natural or of RVSS. System development charges may man-made path which has the specific be implemented at a later date. function of transmitting natural stream water or surface runoff water from a point of higher 2) No portion of this chapter or statement herein elevation to a point of lower elevation. or subsequent Board interpretation of policies shall relieve the property owner of 10) “Owner,” “owner of land,” or “landowner” assessments or charges levied against their shall mean a vendee under a recorded land property for public facility improvement sale contract or memorandum thereof, or, if projects. none, the holder of the record title to the land in which such vendee or holder has a present 3) It is the policy of RVSS to participate in interest equal to or greater than a life estate. improvements to storm drainage facilities when authorized by the Board of Directors 11) “Primary benefit area (PBA)” means the total and when funds are available. To be impervious area of a parcel measured to the considered for approval by the Board a nearest one tenth of an acre. facility must: a) Be public; 12) “Remonstrance” shall mean a written b) Be a benefit of substance to the objection to a specified project and/or community; financing plan stating the facts and basis for c) If a piped system, be a design equivalent objection signed by the owner of property to at least a 24-inch diameter circular subject to a proposed project or assessment. pipe of suitable material; or d) Be a rehabilitation or replacement of 13) “Runoff control” is any means approved by existing public facilities. the RVSS’s manager by which the peak rate of surface water runoff from developed land 4) RVSS shall manage public storm drainage surfaces is reduced. facilities located within RVSS-owned land, rights-of-way, and RVSS easements that are 14) “RVSS” means Rogue Valley Sewer not otherwise maintained by other Services, Jackson County, Oregon. governments or are to be maintained by agreement with other governments. Public 15) “Secondary benefit area (SBA)” means the facilities to be managed include but are not total area of a parcel, including impervious limited to: areas, measured to the nearest one-tenth of an a) Open drainage ways serving a drainage acre. basin of at least 100 acres; b) A piped drainage system and its related 16) “Storm drain” shall mean all drainage works appurtenances which has been designed for draining, collecting, pumping or and constructed expressly for use by the disposing of all natural surface precipitation, general public and accepted by RVSS; whether such works are manmade or natural c) Roadside drainage ditches along drainage ways, and all facilities relating unimproved streets and along improved thereto. streets where provided by agreement [Ord. 89-5 § 1, 1989.] with the governmental agency having jurisdiction; 5.15.020 Storm drainage policy. d) Flood control facilities (levees, dikes, Page | 54

overflow channels, detention basins, 5.15.040 Monthly storm drainage charges. retention basins, dams, pump stations, 1) There is hereby levied and imposed upon all groundwater recharging basins, etc.) that improved premises or developed areas, have been designed and constructed within the White City Industrial storm drain expressly for use by the general public area just and equitable charges for storm and accepted by RVSS; drainage service or subsequent service main- e) Performing occasional maintenance does tenance, operation, improvement and not necessarily mean that RVSS has extension and for establishment of a storm accepted specific facilities; drainage utility account in the general fund f) Acceptance of existing facilities or facili- for that purpose. The Board of Directors ties hereafter constructed shall only take determines that property is furnished primary place when the specifications established and secondary service. Primary service is by RVSS have been met and acceptance proportionate to the amount of the property’s is acknowledged in writing by the RVSS impervious surface (PBA). Secondary manager. service is based on total land area (SBA). The minimum service charge shall be that 5) Facilities not qualifying as public facilities established for one full acre even if the parcel include but are not limited to: is smaller. Rates are defined in Chapter 9 a) Private parking lot storm drains; b) Roof, footing, and area drains; 2) Area measurements may be determined from c) Drains not designed and constructed for records of the county assessor when use by the general public; available. Rates will be adjusted annually d) Drainage swales which collect surface and shall not exceed reasonably required water from a basin less than 100 acres; expenditures. e) Access drive culverts; f) Facilities not located on property that [Ord. 07-02, 2007; Ord. 89-5 § 4, 1989.] have given RVSS easement or right-of- way rights for this purpose. 5.15.050 Reduction for runoff control measures. 6) The employees of RVSS shall at all The storm drain rates shall be reduced for a reasonable times have access to any premises property where approved runoff control measures served by RVSS for inspection, repair or the have been taken. Rate reduction shall be in direct enforcement of the provisions of this chapter. proportion with control measures which reduce runoff as determined by the manager. Such rate 7) It is not, however, the purpose of this chapter reduction may be adjusted from time to time. to assume responsibility from property Conditions existing on August 30, 1988, are owners for the quality of water runoff. established as starting or initial conditions. Assessments for log decks, log ponds and 5.15.030 Establishment of storm drain area – sawdust areas where steps have been taken to White City industrial area. control runoff will be equivalent to undeveloped The White City industrial storm drain area is areas. If the owner establishes to RVSS’s described in Attachment A of Ordinance 89-05, satisfaction that all runoff from a property is 1989. The premises contained within this area disposed of without utilizing an RVSS-managed are declared to be directly benefited by the storm facility either directly or indirectly, there will be drain system acquired, maintained, operated and no charges made under the provisions of this improved in accordance with the terms of this chapter. chapter. [Ord. 89-5 § 5, 1989.] 450.880 and 454.225. [Ord. 89-5 § 6, Att. A, 1989. [Ord. 895 § 3, 1989.] Page | 55

TITLE 6-SEWER

Chapters: 6.05 Local Improvement District Procedures 6.10 Public Sewer Extensions 6.15 Alternative Sewage Collection Systems 6.20 Sewer Line Replacements 6.25 Sanitary Sewer Collection System 6.30 Right of Entry

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Chapter 6.05 Local Improvement for inspection; 4) “Remonstrance” shall mean a written District Procedures objection to a specified project and financing plan signed by the owner of Sections property subject to a proposed assessment; 6.05.010 Definitions. and 6.05.020 Initiation of proceedings and report 5) “RVSS” shall mean the Rogue Valley Sewer from the manager. Services, Jackson County, Oregon. 6.05.030 Method of assessment and alternative [Ord. 72-1 § 1, 1972.] methods of financing. 6.05.040 Board’s action on manager’s report. 6.05.020 Initiation of proceedings and report 6.05.050 Notice of hearing. from the manager. 6.05.060 Manner of doing work. Whenever the Board shall deem it necessary for 6.05.070 Public hearing. the protection of public health, safety, and 6.05.080 Publication of ordinance and welfare, upon its own motion, or upon the petition remonstrance. of the owners of more than one-half of the 6.05.090 Remedies. property to benefit specially from the 6.05.100 Preconstruction assessment. improvement, to make any trunk, main or lateral 6.05.110 Call for bids. sewer improvement, any storm drainage 6.05.120 Abandonment of proceedings. improvement or any related facility to be paid for 6.05.130 Post-construction assessment. in whole or in part by special assessment 6.05.140 Errors in assessment calculations. according to benefits, then the Board shall, by 6.05.150 Assessment by consent and waiver. motion, direct the manager to have prepared by a 6.05.160 Reassessment. registered professional engineer an engineering 6.05.170 Satisfaction and discharge of liens. survey and written financial report for such 6.05.180 Curative provisions. project and file the same in the RVSS office. Unless the Board shall direct otherwise, such Code reviser’s note: Ord. 72-1 has been revised report shall contain the following matters: by Ords. 73-2, 75-2 and 80-6. 1) A map or plat showing the general nature, location, and extent of the proposed 6.05.010 Definitions. improvement and the land to be assessed for As used in this chapter, unless the context the payment of any part of the cost thereof; requires otherwise: “Board” shall mean the Board of Directors of Rogue Valley Sewer 2) Plans, specifications, and estimates of the Services; work to be done; provided, however, that 1) “Improvement” shall mean the connection where the proposed project is to be carried to existing sewer facilities or construction of out in cooperation with any other new sewer facilities to serve benefited governmental agency, the manager may property; adopt the plans, specifications and estimates of such agency; 2) “Manager” shall mean the manager of 3) An estimate of the probable cost of the Rogue Valley Sewer Services; improvement, including any legal, indirect, administrative and engineering costs 3) “Owner” shall mean the owner of the record attributable thereto; title to real property, or, if there is a contract of sale of the property, the contract 4) An estimate of the assessable unit cost of the purchaser of the real property of record as improvement to the specially benefited shown on the last available complete properties; assessment roll in the office of the Jackson County assessor or from contracts filed with 5) A recommendation as to the method of the county assessor and reasonably available assessment to be used to arrive at a fair Page | 57

apportionment of the whole or any portion of abandon the improvement. the costs of the improvement to the properties [Ord. 72-1 § 4, 1972.] specially benefited; 6.05.050 Notice of hearing. 6) The description and assessed value of each After the Board shall have approved the lot, parcel of land or portion thereof to be manager’s report as submitted or modified, the specially benefited by the improvement with Board shall, by resolution, declare its intention to the names and mailing addresses of the make such improvement, designate the owners thereof; and improvement as to which an assessment is contemplated, describe the boundaries of the area 7) A statement that after review it is found that to be assessed, provide the manner and method of assessments against the property benefited by carrying out the improvement, and shall direct the the project do not exceed double the assessed manager to give notice of such improvement by valuation of such property. two publications, one week apart in a newspaper [Ord. 72-1 § 2, 1972.] of general circulation within the RVSS, by posting said notice in at least three conspicuous 6.05.030 Method of assessment and places in the area directly benefited by and to pay alternative methods of financing. for such improvements, and by mailing or 1) The Board, in adopting a method of personally delivering copies of such notice to the assessment of the costs of the improvement, owners of the property to be assessed for the cost may: of such improvement, which said notice shall a) Use any just and reasonable method of contain the following matters: determining the extent of any 1) That the report of the manager is on file in the improvement district consistent with the RVSS office and is subject to public benefits derived; and examination; b) Use any method of apportioning the sum to be assessed as is just and reasonable 2) A narrative description of the proposed between the properties determined to be construction and the location of the site of the specially benefited. proposed construction with reasonable certainty; 2) Nothing contained in this chapter shall preclude the Board from using any other 3) That the Board will hold a public hearing on available means of financing improvements, the proposed improvement on a specified including federal, state or county grants and date which shall not be earlier than 17 days aid, sewer charges, or connection fees, following the first publication notice, at revenue bonds, general obligation bonds or which objections and remonstrance to such any other legal means of finance. In the event improvement will be heard by the Board, and that such other means of financing that, if prior to such hearing, there shall be improvements are used, the Board may, in its presented to the manager valid, written discretion, levy part of the costs of the remonstrance by the owners of property improvement. against which more than 50 percent of the [Ord. 72-1 § 3, 1972.] assessed cost is proposed to be levied, then the improvement shall be abandoned for at 6.05.040 Board’s action on manager’s report. least six months, and the notice shall define After the manager’s report shall have been remonstrance in accordance with this prepared, the Board may thereafter by motion chapter; approve the report, modify the report and approve it as modified, require the manager to supply 4) A description of the property to be specially additional or different information for such benefited by the improvement, either improvement and after the report is approved, specifically or by reference to the document order it filed in the RVSS office, or it may number of a recorded instrument recorded in Page | 58

the official records of Jackson County, improvement; provided, however, that in the Oregon, specifically describing said event that valid written remonstrance by the boundaries, and the engineer’s estimate of the owners of property against which more than 50 unit cost of the improvement to the property percent of the assessed cost is proposed to be to be specially benefited, and the total cost of levied shall be filed prior to said hearing, and if the improvement to be paid for by special the Board shall determine that the improvement assessments to benefited property; and is necessary to the preservation of the public health and welfare, the Board may re-examine the 5) If the Board intends to levy an assessment manager’s report of the proposed improvement based upon the engineer’s estimate of the cost and may re-approve the report as submitted or of the improvement, the notice shall contain approve the same as modified and proceed as in a statement that the costs proposed are this section provided in the first instance prior to estimates and will be the amount assessed the expiration of the six-month period referred to against benefited properties subject to in RVSSC 6.05.050(3). supplementary assessments or rebate [Ord. 721 § 7, 1972.] assessments upon a determination of the actual total cost of the improvement. If the 6.05.080 Publication of ordinance and Board intends to delay assessment until the remonstrance. total actual cost of the improvement is A copy of the ordinance shall be published once determined, the notice shall contain a a week for two successive weeks in a newspaper statement that the costs proposed are an of general circulation published in the area estimate and not an assessment. directly benefited. If, within 30 days after the last [Ord. 72-1 § 5, 1972.] publication of such ordinance, written remonstrance against the proposed improvement 6.05.060 Manner of doing work. are filed in the RVSS office by a majority of the The Board may provide in the improvement owners of the land in the area directly benefited, resolution that the construction work may be no further proceedings shall be had in connection done in whole or in part by the RVSS, by a with the proposed construction. However, a contract, or by any other governmental agency, or modified proposal may be initiated within six by any combination thereof. months thereafter. [Ord. 72-1 § 6, 1972.] [Ord. 721 § 8, 1972.]

6.05.070 Public hearing. 6.05.090 Remedies. At the time of the public hearing on the proposed Subject to the curative provisions of RVSSC improvement, if the written remonstrance shall 6.05.180, and the right of the RVSS to reassess as represent less than the amount required to defeat provided in RVSSC 6.05.160, proceedings for the proposed improvement, then the Board shall writs of review and suits in equity may be filed comply with ORS 450.855 and at that time or not earlier than 30 days nor later than 60 days within 60 days thereafter shall adopt an ordinance after the filing of written objections as provided specifying the improvement to be constructed for herein. A property owner who has filed written the area, directing the manager to have objections with the RVSS prior to the public engineering plans and specifications prepared by hearing may have the right to apply for a writ of a registered professional engineer and approved review pursuant to ORS 223.401 and ORS 34.010 by the health division of the Department of through 34.100 based upon the Board’s Human Resources and the Department of exercising its functions erroneously or arbitrarily Environmental Quality of the state of Oregon, the or exceeding its jurisdiction to the injury of some boundaries of the area, the method of substantial right of such owner if the facts apportioning the construction costs to the area supporting such claim have been specifically set directly benefited, and the method of financing forth in the written objections. A property owner the construction of the improvement, or the Board who has filed written objections with the RVSS may, on its own motion, abandon the prior to the public hearing may commence a suit Page | 59

for equitable relief based upon a total lack of the owner of the property assessed to make jurisdiction on the part of the RVSS; and if notice application to pay the assessment in of the improvement shall not have been sent to installments within two weeks from the date the owner and if the owner did not have actual of the mailing of the notice, or upon the knowledge of the proposed improvement prior to failure of the owner to pay the assessment in the hearing, then the owner may file written full within 30 days of the assessment order, objections alleging lack of jurisdiction with the that interest on the amount of the assessment RVSS within 30 days after receiving notice of shall commence to run from the date of the knowledge of the improvement. No provision of Bancroft bond issue sold to provide financing this section shall be construed so as to lengthen for the improvement at a rate not to exceed any period of redemption or so as to affect the that authorized by law, and that the property running of any statute of limitation. Any assessed will be subject to foreclosure. Said proceeding on a writ of review of suit in equity notice shall further set forth a description of shall be abated if proceedings are commenced the property assessed, the name of the owner and diligently pursued by the Board to remedy or of the property, and the amount of each cure the alleged errors or defects. assessment. All assessments shall be paid to [Ord. 72-1 § 9, 1972.] the Jackson County treasurer, who is custodian of the funds of the RVSS, and 6.05.100 Preconstruction assessment. receipt shall be issued therefor. If remonstrance are not filed by a majority of the owners of land in the area directly benefited, the 2) After issuance of an order making an assess- Board may, in its discretion, direct the manager ment by the Board, a copy of the order to prepare, or cause to be prepared, a proposed making the assessment, certified and assessment of the respective parcels of property acknowledged by the manager of the RVSS, within the assessment district based upon the shall be filed with the county clerk of Jackson engineer’s estimate of the cost of the County, Oregon. Upon being filed, the improvement and file it in the RVSS office. assessment shall constitute a lien against the Notice of such proposed assessment shall be land assessed. All assessment liens of the mailed or personally delivered to the owner of RVSS shall be superior and prior to all of the each parcel proposed to be assessed, which notice liens or encumbrances on the property insofar shall state the amount of the assessment proposed as the laws of the state of Oregon permit. on that property and shall fix a date, not less than Interest shall be charged from the date of the 10 days from the date of said notice, by which sale of the Bancroft bond issue sold to finance time objections to said proposed assessment shall the improvement at a rate not to exceed that be filed with the manager of the RVSS. Any such authorized by law until paid on all amounts objections shall state the grounds therefor. The not paid within 30 days from the date of the Board shall consider such objections, and may issuance of the order of assessment; and after adopt, correct, modify or revise the proposed expiration of 30 days from the date of the assessments, and shall determine the amount of issuance of an order of assessment, the RVSS the assessment to be levied against each parcel of may proceed to foreclose or enforce property within the RVSS according to the collection of the assessment lien in the special and peculiar benefits accruing thereto manner provided by the general law of the from the improvement, and shall by order spread state of Oregon; provided, however, that the the assessments. RVSS may, at its option, enter a bid for the 1) Within 10 days after the order of assessment property being offered at a foreclosure sale, has been adopted, the manager of the RVSS which bid shall be prior to all bids except shall mail or personally deliver a notice of those made by persons who shall be entitled assessment to the owner of each parcel of under the laws of the state of Oregon to property assessed. The notice of assessment redeem such property. shall recite the date of the assessment order, and shall give notice that upon the failure of 3) In the case of preconstruction assessments, if Page | 60

it is found upon completion of the project and prepare contract documents and advertise for bids determining the cost thereof that the amount for construction of all, or any part of, the of the assessment is insufficient to defray the improvement project on the basis of the Board- expenses of the improvement, the Board approved manager’s report. In the event that any may, by motion, declare such deficit and part of the work of the improvement is to be done prepare a proposed supplemental assessment. under contract bids, then the Board shall The Board shall set a time for hearing of determine the time and manner of advertisement objections to such supplemental assessment, for bids, and the contract shall be let to the lowest and shall direct the manager of the RVSS to responsible bidder; provided, however, that the publish one notice thereof in a newspaper of Board shall have the right to reject all bids when general circulation in the RVSS and to give they are deemed unreasonable or unsatisfactory. notice to the property owners. After such The RVSS shall provide for the bonding of all hearing, the Board shall make a just and contractors and for the faithful performance of equitable assessment by order, which shall be any contract and the payment of all obligations certified and acknowledged by the manager incurred thereunder, let under its authority, and and a copy thereof filed with the county clerk the provisions thereof in case of default shall be of Jackson County, Oregon, and notice of the enforced by action in the name of the RVSS. If supplemental assessment shall be mailed and the Board finds, upon opening the bids for the the collection of the assessment shall be made work of such improvement, that the lowest as herein provided. responsible bid is substantially in excess of the engineer’s estimate, it may, in its discretion, 4) In the case of a preconstruction assessment, provide for the holding of a special hearing of if it is found upon completion of the project objections to the proceeding with the and determining the cost thereof that the improvement on the basis of such bid, and may assessment previously levied upon any direct the manager to publish one notice thereof property is more than sufficient to pay the in a newspaper of general circulation in the RVSS cost of such improvement, the Board must and give written notice to each property owner ascertain and declare the same by order, and within the area directly benefited by the project. when so declared, a copy of the order, [Ord. 72-1 § 11, 1972] certified and acknowledged by the manager of the RVSS, shall be filed with the Jackson 6.05.120 Abandonment of proceedings. County clerk as a credit upon the appropriate The Board shall have full power and authority to assessment, and notice shall be given to the abandon and rescind proceedings for owner of the property. In the event that any improvement made under this chapter at any time assessment has been paid, the person who prior to the final completion of such paid the same, or his legal representative, improvements; and if liens have been assessed shall be entitled to the repayment of such upon any property under such procedure, they rebate credit, or the portion thereof which shall be canceled, and any payments made on exceeds the amount unpaid on the original such assessments shall be refunded to the person assessment. paying the same, his assigns, or legal [Ord. 72-1 § 10, 1972.] representatives. [Ord. 72-1 § 12, 1972.] 6.05.110 Call for bids. If remonstrance are not filed by a majority of the 6.05.130 Post-construction assessment. owners of the land in the area directly benefited If the Board has undertaken construction of the by the improvement, following the sale of improvement, after the work is done and cost Bancroft bonds to finance the improvement (in thereof has been actually determined, the Board the case of pre-construction assessments), or shall determine whether the property benefited following the expiration of the remonstrance shall bear all or a portion of the costs. The period referred to in RVSSC 6.05.080, the Board manager or other person designated by the Board may, in its discretion, direct the manager to shall prepare the proposed assessment to the Page | 61

respective parcels of property within the liens or encumbrances on the property insofar assessment district, and shall file it in the RVSS as the laws of the state of Oregon permit. office. Notice of such proposed assessment shall Interest shall be charged at a rate not to be mailed or personally delivered to the owner of exceed that authorized by law until paid on each parcel proposed to be assessed, which notice all amounts not paid within 30 days from the shall state the amount of the assessment proposed date of the issuance of the order of on that property, and shall fix a date, not less than assessment; and after expiration of 30 days 10 days from the date of said notice, by which from the date of the issuance of the order of time objections to said proposed assessments assessment, the RVSS may proceed to shall be filed with the manager of the RVSS. Any foreclose or enforce collection of the such objections shall state the grounds therefor. assessment lien in the manner provided by The Board shall consider such objections and the general law of the state of Oregon; may adopt, correct, modify or revise the proposed provided, however, that the RVSS may, at its assessments, and shall determine the amount of option, enter a bid for the property being the assessment to be levied against each parcel of offered at a foreclosure sale, which bid shall property within the RVSS according to the be prior to all bids except those made by special and peculiar benefits accruing thereto persons who shall be entitled under the laws from the improvement, and shall by order spread of the state of Oregon to redeem such the assessments. property. 1) With 10 days after the order of assessment [Ord. 72-1 § 13, 1972.] has been adopted, the manager of the RVSS shall mail or personally deliver a notice of 6.05.140 Errors in assessment calculations. assessment to the owner of each parcel of Claimed errors in the calculation of assessments property assessed. The notice of assessment shall be called to the attention of the manager of shall recite the date of the assessment order, the RVSS, who shall determine whether there has and shall state that, upon failure of the owner been an error in fact. If the manager of the RVSS of the property assessed to make application shall find there has been an error in fact, he shall to pay the assessment in installments within recommend to the Board an amendment to the two weeks from the date of the mailing of the order of assessment to correct such error, and notice, or upon the failure of the owner to pay upon enactment of such amendment, the manager the assessment in full within 30 days from the of the RVSS shall make the necessary correction. date of the assessment order, then interest The manager of the RVSS shall certify the shall commence to run on the assessment at a correction to the Jackson County clerk and shall rate not to exceed that authorized by law, and send a correct notice of assessment by mail to the that the property assessed will be subject to owner of the property assessed. foreclosure. Said notice shall further set forth [Ord. 72-1 § 14, 1972.] a description of the property, and the amount of each assessment. All assessments shall be 6.05.150 Assessment by consent and waiver. paid to the Jackson County treasurer, who is When the owner or owners of all of the property custodian of the funds of the RVSS, and to be benefited by an improvement request for the receipt shall be issued therefor. improvement in writing to the RVSS and give written consent to the construction of the 2) After issuance of an order making an improvement and express waiver of objections to assessment by the Board, a copy of the order or irregularity in connection with the sewer line making the assessment, certified and extension or connection and assessment therefor acknowledged by the manager of the RVSS, and waive objections to the imposition of a lien shall be filed with the county clerk of Jackson on the real property owned respectively by such County, Oregon. Upon being filed, the owner or owners, the Board may enter an order assessment shall constitute a lien against the assessing such real property for the cost of all or land assessed. All assessment liens of the a portion of said improvement without further RVSS shall be superior and prior to all the notice of hearing. Page | 62

[Ord. 72-1 § 15, 1972.] by Ord. 80-12.

6.05.160 Reassessment. 6.10.010 Consistency with Jackson County Whenever an assessment, deficit, or reassessment land use plan. for any improvement which has been made by the 1) RVSS shall verify that any new sewer RVSS has been or shall be set aside, annulled, construction is consistent with the Jackson declared or rendered void, or its enforcement County land use plan, as applicable. restrained by any court of this state, or any federal court having jurisdiction thereof, or when the 2) RVSS shall submit each proposed sewer Board shall be in doubt as to the validity of such extension to be constructed predominantly assessment, deficit assessment or reassessment, abatement of health hazards and pollution to or any part thereof, then the Board may make a the Jackson County department of health for reassessment as provided in ORS 223.405 to review and input on need for the extension 223.485. based on cases, failures, etc., on record at the [Ord. 72-1 § 16, 1972.] department. The health department may request input on septic failures and soil 6.05.170 Satisfaction and discharge of liens. conditions, etc., from the sanitation division From time to time, the Board shall order filed of the department of planning and with the clerk of Jackson County the satisfaction development and prepare a consolidated and discharge of the liens against lands on which report. Any report submitted by the assessments have been paid in full. department of health will be forwarded to [Ord. 72-1 § 17, 1972.] RVSS in a timely manner based on project time frame. 6.05.180 Curative provisions. No improvement assessment shall be rendered Chapter 6.15 Alternative Sewage invalid by reason of a failure of the manager’s report to contain all of the information required Collection Systems by RVSSC 6.05.020, or by reason of a failure to Sections: have all of the information required to be in the 6.15.010 Conditions under which STE systems improvement resolution, the assessment order, are allowed the notices required to be published and mailed, 6.15.020 Design and construction standards. nor by the failure to list the name of, or mail 6.15.030 Maintenance responsibility of RVSS. notice to, the owner of any property as required 6.15.040 Responsibility of user. by this chapter, or by reason of any other error, 6.15.050 Record keeping. mistake, delay, omission, irregularity, or other 6.15.060 Penalties. act, jurisdictional or otherwise, in any of the proceedings or steps herein specified, unless it 6.15.010 Conditions under which STE appears that the assessment is unfair or unjust in systems are allowed. its effect upon the person complaining; and the Rogue Valley Sewer Services may allow Board shall have the power and authority to construction of septic tank effluent (STE) remedy and correct all such matters by suitable systems or other alternative sewer systems in action and proceedings. areas where traditional gravity sewers are not [Ord. 72-1 § 18, 1972.] practical due to the terrain. The RVSS manager shall be the sole judge of the practicality of gravity sewers. Chapter 6.10 Public Sewer Extensions [Ord. 00-02, 2000.] Sections: 6.10.010 Consistency with Jackson County land 6.15.020 Design and construction standards. use plan. All new STE systems and extensions of existing STE systems shall be designed in accordance Code reviser’s note: Ord. 74-4 has been revised with Department of Environmental Quality and Page | 63

RVSS design standards and shall be reviewed and for the cost of making repairs. approved by RVSS prior to construction. [Ord. 00-02, 2000.] Construction methods and materials shall be in accordance with the design criteria for septic tank 6.15.050 Record keeping. effluent and pressure sewer construction plans RVSS shall keep records of all of the addresses, adopted by RVSS. tax lots, and owners who are served by STE [Ord. 00-02, 2000.] systems for billing purposes. RVSS shall also keep maintenance records and schedules 6.15.030 Maintenance responsibility of RVSS. indicating the frequency of routine maintenance 1) RVSS will own and be responsible for the and repairs for each tank. operation and maintenance of all septic tanks [Ord. 00-02, 2000.] and pumps within the system. This maintenance shall include pumping excess 6.15.060 Penalties. solids from tanks, pump repair and Any person found to be in violation shall be replacement as needed. All tanks, pumps and subject to penalties in RVSSC Title 8. other equipment shall be located on the users’ [Ord. 00-02, 2000.] property within an easement dedicated to RVSS. The easement shall exclude all other Chapter 6.20 Sewer Line Replacements utilities and give RVSS the right to operate, Sections: maintain and replace all equipment as 6.20.010 Service lateral policy. needed. 6.20.020 Financial assistance for main line [Ord. 00-02, 2000.] replacement. 6.20.030 Sewer back-ups and line replacements. 2) Exceptions: RVSS will not accept 6.20.010 Service lateral policy. maintenance responsibility for septic tanks, pumps, or other alternative sewer systems for 6.20.010 Service Lateral Policy the following reasons: 1) Sewer Service Line Defined. Sewer service a) Alternative system from an individual lines (also sometimes referred to as sewer property discharges directly into a laterals on building sewer lines) generally fall gravity sewer main 6 inches in diameter into two categories: individual connections or larger. and private sewer systems: b) Alternative system was not constructed a) Individual connections are pipes which in accordance with RVSS standards. In convey the sewage from a single property these cases, RVSS will assume to the sewer main. maintenance responsibility if the b) Private sewer systems serve multiple property owner improves the system to buildings on a single property, such as a meet RVSS standards. mobile home park or an industrial campus. 6.15.040 Responsibility of user. 2) Public Sewer Main Defined. A public sewer The user shall pay a monthly service fee as main is a pipe which is constructed to convey described in RVSSC 9.05.040. The user shall not sewage from multiple sources towards the allow any nonsewage waste water or storm water treatment plant. A public main must meet to be introduced into the system. The user shall certain minimum design and construction not tamper with or make any modifications or standards as defined by RVSS and the repairs to the tanks, pumps, control panels or Department of Environmental Quality. other components of the system. The power Sewers which do not meet these standards supply for the pumps shall be provided by the and have not been specifically accepted by user. 6.15.050 Sewer Line Replacements RVSS are not considered to be public sewers. The maintenance of these sewers is the In the event that equipment is damaged due to responsibility of the property owners. actions of the user, the user shall be responsible Page | 64

3) Construction. The initial construction of the 7) Shared Service Lines. Shared service lines service line is the responsibility of the (defined as laterals serving more than one lot, property owner. Construction must be done parcel, or tax lot) are prohibited in new in accordance with RVSS standards. The construction. It is the responsibility of the property owner must obtain a permit for the owners connected to the services to maintain lateral construction and pay all related fees these lines and replace them as needed. prior to the start of construction. New sewer lines must be inspected by RVSS or an agent 8) Main Line Rehabilitation. In conjunction acting on behalf of RVSS. with a main line rehabilitation project, RVSS may choose to reconstruct service lines 4) Routine Maintenance. The property owner within the public right-of-way. This will be shall be responsible for all maintenance of the done at no cost to the property owner. The service line. This includes preventing property owner will be responsible for the prohibited discharges and keeping the pipe work if it is extended onto private property, free of obstructions. or RVSS will perform the work and bill the owner. 5) Major Rehabilitation. As resources allow, RVSS will repair or replace service lines 9) Assumption of Maintenance Responsibility. located within a public right-of-way that are RVSS may, in its sole discretion, assume broken or deteriorated to the point that they responsibility of private sewers. can no longer function properly. It is the responsibility of the property owner to 10) Relinquishment of Maintenance determine that the pipe is damaged and that Responsibility. RVSS may relinquish the damage is within the right-of-way. When responsibility for sewers which are it is determined that such damage was not constructed on private property and serve caused by the private service, RVSS will only one tax lot. Prior to relinquishing this reimburse the owner for the reasonable cost responsibility RVSS will flush and complete of having a plumber locate the damaged pipe. a television inspection of the pipe. The a) If RVSS undertakes a repair at the property owner will be notified that he/she request of a property owner and will assume responsibility for the sewer 90 determines that there is no pipe damage, days in advance. The property owner will be the cost of the repair work shall be provided with copies of the latest television charged to the property owner. inspection reports upon request. Upon b) The property owner shall be responsible relinquishment the property owner will be for repair of service lines that are located responsible for maintenance of the pipe. outside of the right-of-way. 11) Lower Elevations.. When any plumbing inlet 6) Illicit Connections. RVSS will conduct or any finished floor is below the elevation of investigations as needed to identify and the upstream manhole, the owner assumes all locate storm water and other illicit responsibility for sewage backups. connections. When such connections are identified, the property owner will be notified 6.20.020 Financial assistance for main line and will be given 30 days to remove the replacement. connection. If the connection is not removed RVSS may enter into an agreement with a in the specified time period, RVSS may property owner to finance the construction or require compliance as allowed by law, reconstruction of sewer mains and laterals, when including RVSS completing the required the Board of Directors finds that it is in the work, and charge the property owner for the interest of the public and in the interest of RVSS. expenses and impose such penalties as are Such agreement will include the following: allowed by ordinance. 1) The legal description of the real property to Page | 65

be served by such construction. service lines and modification of building drains, when authorized by the Board 2) That the resident or property owner pursuant to this chapter, shall be paid from responsible for connection to the public the account within the General Fund 01 of the sewer system shall authority and all sewer service charges a) Contract with an independent contractor allocated to meet the costs of such for said construction subject to the rules, construction, with interest, shall be paid into regulations and ordinances of the said account. authority; or b) At RVSS’s sole option, grant the 9) In order to encourage individual property authority an easement and license to owners, RVSS shall offer the following to construct, or cause to be constructed, a owners of property who replace their existing sewer service line on said property at its service line; provided, that there are no new costs, which costs shall include plumbing fixtures and no new main line engineering, supervision, inspection, connections: administration, and actual construction a) Pay the necessary service line permit; costs. b) Pay one-third of the total cost of replacing the line from the building to the 3) The resident or property owner shall consent main; and to and undertake a repayment of all or part of c) Provide financing at the same rate and said costs incurred by RVSS, together with provisions as described in RVSSC reasonable interest, by monthly installments 6.25.120(2) for a period not to exceed which shall be added to and become a part of five years; provided, that the property the monthly sewer service charge to such owner signs necessary papers to allow a property. lien on the property for the remaining costs, and the line is replaced, from the 4) The resident or property owner shall be main, all of the way up to the building. responsible for maintenance of the sewer [Res. 05-14, 2005; Res. 03-28, 2003.] service line following construction. 6.20.030 Sewer back-ups. 5) Upon default or a change of use or ownership 1) As resources allow, RVSS will clean and of the property served by said sewer service inspect all of its sanitary sewer lines and line, the unpaid balance of said costs shall be pump stations. When such inspection declared to be fully due and payable and shall indicates that lines must be repaired or be added to and become a part of the sewer replaced, RVSS will take care of such lines, service charge made for said property at the again as resources allow. next monthly billing. 2) When it is learned that a back-up occurred, 6) Collection of the sewer service charges RVSS will respond as follows: which include the cost of said construction, a) Notify the Department of Environmental with interest, whether or not accelerated as Quality as required; herein provided, shall be subject to collection b) Fix the cause of the problem if it is in the as provided in ORS 454.225. sewer main or in a service lateral up to a private property line. 7) Upon payment in full of said costs, with interest, the authority shall abandon and Chapter 6.25 Sanitary Sewer Collection release all easements and licenses relating to said sewer service line that it may have System acquired for the construction thereof. Sections: 6.25.010 Definitions. 8) All costs related to the construction of sewer 6.25.020 Requests for sanitary sewer service. Page | 66

6.25.030 Repealed. known as equivalent dwelling units or EDUs. 6.25.040 Collection system reimbursement fee. 6.25.050 Reimbursement agreements. 6) Front-Foot Fee. The front-foot fee is 6.25.060 LID assessments. abolished as of spring, 2006. 6.25.070 CSDC reimbursement. 6.25.080 Other costs. 7) “Improvement fee” means a fee for costs 6.25.090 Deferral of fees and charges for certain associated with capital improvements to be properties. constructed. 6.25.100 Collection of deferred fees and charges. 8) “Local improvement district (LID)” means 6.25.110 Deferment of payment of assessments. an entity established for financing purposes 6.25.120 Financing. consisting of neighboring properties jointly 6.25.130 Reasonable conditions. seeking sanitary sewer service. Property 6.25.140 Alternate procedures. owners within an LID are responsible for 6.25.150 Related ordinances. paying assessments to cover the cost of constructing the project. Code reviser’s note: Ord. 98-10 has been revised by Ords. 00-03, 01-01 and 03-01. 9) “Local improvement district assessment” means the costs of local improvements 6.25.010 Definitions. required to extend sewer service to an LID, 1) “Board” means the Board of Directors of divided by the total number of ERUs existing RVSS. or anticipated within the LID at the time it is formed. LID assessments provide the 2) “Collection system” means the sanitary mechanism for allocating the cost of sewer system that conveys wastewater from providing sewer service to the LID. service connections to the main interceptors. Collection system facilities include sewer 10) “Local improvements” means construction mains, lift stations, and manholes. The projects that are required to provide benefits Upper and Lower Bear Creek interceptors only to an individual property, development, and the White City trunk main are not con- or local improvement district (LID) but are sidered part of the collection system. not designed to provide service beyond the project area. Local improvement costs are 3) “Collection system development charge generally the responsibility of individual (CSDC)” means a reimbursement fee related property owners, developers, or LIDs and to the existing collection system and/or an include the cost of construction to the improvement fee relating to future collection development of the smallest allowable sized system needs. pipe.

4) “Direct access to sewer” means that a 11) “Manager” means the manager of the RVSS. property is considered to have direct access to sewer when there is a main line adjacent to 12) “Regional interceptor development charge” or in close proximity to the property such that means a fee designed to cover construction sewer service can be provided without the costs of the regional interceptor system. extension of main line. 13) “Regional system development charge” 5) “Equivalent residential units (ERUs)” means means a fee designed to cover construction a unit of sewer usage equivalent to a single- costs of the wastewater treatment plant. family residential dwelling unit. For the purposes of this chapter one ERU is 14) “Reimbursement agreement” means an equivalent to 350 gallons per day of actual or agreement between RVSS and an LID, estimated wastewater flow. These are also developer, or property owner providing for Page | 67

the potential reimbursement of new local improvement or system costs incurred to 22) “System improvements” means capital extend sewer service. Reimbursement facilities that provide general system-wide agreements are limited to five years and benefits to customers of RVSS. System contain specific provisions as described improvements of the collection system herein. include sewer mains, manholes, and lift stations. System improvements are 15) “Reimbursement assessment” means the fee distinguished from local improvements in collected from a property as defined in a that they are designed to provide service reimbursement agreement. beyond the initial project area. [Ord. 06-05 §§ 2, 3, 4, 2006; Ord. 06-04, 2006; 16) “Reimbursement fee” means a fee for costs Ord. 06-02 § 6, 2006; Ord. 98-10 § 1, 1998.] associated with capital improvements already constructed or under construction as defined 6.25.020 Requests for sanitary sewer service. by ORS 223.299(3). Property owners seeking sanitary sewer service can be grouped into one or more of the following 17) “RVSS” means the Rogue Valley Sewer classifications: Services. 1) Local Improvement Districts. An LID represents a group of properties that jointly 18) “Septic tank effluent gravity (STEG) system” seek sanitary sewer service and, in the means customer sewage disposal system that opinion of RVSS, would be most efficiently allows effluent to flow by gravity from septic served by extending service to all properties tanks into the collection system. within the LID at the same time. The LID procedures in Chapter 6.05 RVSSC, as 19) “Septic tank effluent pump (STEP) systems” amended, must be followed for special means sewage disposal systems that pump assessment bond financing. effluent from septic tanks into the collection system. Each property within the LID is assigned a proportionate share of the project 20) “Special assessment bonds” means bonds construction costs based on the number of issued on behalf of LIDs to finance local anticipated ERUs at the time the LID is improvement costs, CSDCs, SDCs, and other formed. Other normal fees, such as the costs associated with constructing sewer CSDC, regional SDC, and IDC charges must facilities and extending sewer lines to also be paid. provide sewer service to an LID. RVSS may use alternate methods of financing as well. 2) Large Lot Private Development. Large private development projects generally 21) “System development charge” means a involve a single developer working with a reimbursement fee, improvement fee, or private engineer and contractor to design and combination thereof assessed or collected at construct required local improvements to the time of increased usage of a capital RVSS’s specifications. Constructed improvement or issuance of a development facilities, as well as necessary easements, are permit or connection to a capital dedicated to RVSS. SDCs are due and improvement. “System development charge” payable as provided in Section 2.20.080(7). does not include a fee reflecting the average cost of inspecting and installing connections 3) Individual Requests. At the discretion of the to the collection system, a fee assessed or manager, individual lots may be served by a collected as part of an LID, a charge in lieu longer service lateral in lieu of main line of an LID assessment, or the cost of extension, provided that the owner(s) execute complying with requirements or conditions an irrevocable waiver of remonstrance imposed by a land use decision. against a future LID. Property owners are Page | 68

responsible for the full cost of improvements [Ord. 06-05 §§ 4, 5, 2006; Ord. 98-10 § 4, 1998.] needed to provide service, as well as the CSDC and other applicable SDCs and fees. 6.25.050 Reimbursement District. If the property may be served by a future 1) RVSS may create a reimbursement district sewer project, the manager may allow when a developer, constructs a sewer main temporary service to the property. In such that directly benefits property not owned or cases, the owner must sign a temporary controlled by the developer. For the purpose service agreement supporting any future of reimbursement districts, “developer” sewer construction and waiving means any private or public entity that remonstrance against the same, thereby initiates the construction of a sewer agreeing to pay their fair share of the future extension. For gravity sewer construction, sewer construction. The temporary service “direct benefit” means that the benefited agreement will be recorded and will be property can connect to the new sewer main binding upon all successors in interest to the without further mainline construction. For owners. pump stations, “direct benefit” means the [Ord. 06-05 § 4, 2006; Ord. 06-04, 2006; Ord. 06- area upstream from the pump station that 02 § 7, 2006; Ord. 98-10 § 2, 1998.] could be served by the station.

6.25.030 Front-foot charge. 2) Application: A developer, owner, or public Repealed by Ord. 06-02. [Ord. 98-10 § 3, 1998.] entity wishing to create a reimbursement district shall submit an application to the 6.25.040 Collection system reimbursement manager. The application shall include the fee. following items: All new development or new connections to a) Contact information for the entity RVSS’s sewer collection system, or increased financing the construction of the sewer. development or usage by existing customers, b) A detailed cost estimate of the sewer must bear an equitable share of the cost construction. associated with the existing sanitary sewer c) A map identifying the owners of the collection system. The CSDC shall be calculated properties that would benefit from the using a system buy-in methodology that is based sewer construction. on the estimated replacement cost of the collection system, less a depreciation adjustment 3) Manager’s Report: The manager shall that reflects the age and estimate useful life of the prepare a report identifying the location of facilities. CSDCs are charged on an ERU basis. the project, estimated costs, and proposed The methodology for calculating the CSDC is assessments against each property. described in detail in the Sanitary Sewer System Development Charge Methodology report, 4) Public Hearing Notification: RVSS shall prepared by Shaun Pigott Associates, Donovan schedule a public hearing to receive input on Enterprises, dated February 24, 2004. The the proposed project. RVSS shall notify all amount of the fee shall be adopted and property owners within the proposed periodically updated by resolution of RVSS. reimbursement district about the hearing at least 14 days, but not more than 30 days, An agreement between RVSS and the city of before the scheduled hearing. Notice shall be Medford dated September 23, 1985, exempts land made by regular mail or by personal service. owned by the city on that date that is located If notification is made by mail, notice shall be within the county and may connect to the North deemed made on the date the letter of Medford trunk from paying the CSDC. All other notification is posted. Failure of any owner properties served by RVSS must pay this fee. to be so notified shall not invalidate or (See Resolution No. 98-25 or current rate otherwise affect any Reimbursement District resolution for Eagle Point and Central Point Ordinance or any Board decision to approve areas.) or not approve the same. Page | 69

identifying the final cost allocation for each 5) Public Hearing: A public hearing shall be benefitted property within the held in which all parties and the general Reimbursement District. The final cost public shall be given the opportunity to allocation for any property shall not be express their views pertaining to the greater than the estimated cost established in proposed Reimbursement District. part 6 of this section.

6) Reimbursement District Ordinance: After 8) Reimbursement District Agreement: The the close of the public hearing the Board shall Reimbursement District Final Ordinance determine if the proposed Reimbursement shall instruct the manager to enter into an District meets the following criteria: agreement with the developer. The a) The estimated costs are reasonable based agreement will identify the benefitted on current construction costs. properties and the cost allocated to each of b) The properties included in the proposed these properties, as well as the procedure for Reimbursement District will benefit from collecting the assessments. the sewer construction. c) The proposed method of assessment and 9) Notice of Decision: RVSS shall notify all allocation of costs is reasonable. affected property owners after the Final Ordinance has been adopted. If the proposed Reimbursement District meets these criteria, the Board shall adopt an 10) Imposition of Reimbursement Requirement: ordinance establishing the Reimbursement Properties within the Reimbursement District District. The ordinance will establish the shall be required to pay the reimbursement boundaries of the Reimbursement District, assessment prior to obtaining a permit to identify the formula used for calculating the connect to the sewer. assessments and cost allocations, and give an estimated cost for each benefitted property. 11) Calculation of Reimbursement a) The reimbursement for each residential 7) Reimbursement District Final Ordinance: property shall be based on dwelling units After the construction has been complete, the and the reimbursement for non- developer/owner/public entity shall submit a residential property shall be based on summary of the final costs along with acreage and frontage. supporting documentation to the manager. The cost summary must be submitted within The reimbursement required from each 90 days after final acceptance of the project property shall be calculated by first (not including the warranty period). If costs determining the portion of the entire are not submitted within this time frame the project which shall be charged to the Reimbursement District shall immediately residential properties and the portion of expire without further action. the project to be charged to the non- residential properties. The formula for The manager shall review the costs and this is: prepare a report showing the final cost i) Multiply 50% of the total approved allocation to each benefitted property, based cost times the acreage of all of the on the actual costs. residential property, divided by the total acreage in the Reimbursement The manager shall schedule a second hearing District. in accordance with parts 4 and 5 of this ii) Multiply 50% of the total approved section. At the conclusion of the hearing, if cost times the frontage of all of the the Board determines that the project was residential property along the completed in compliance with this section, improvement divided by the entire the Board will adopt a final ordinance frontage of all the properties within Page | 70

the district. reimbursement must be paid prior to issuance iii) The sum of a. and b. is the portion of of a development or connection permit. the total cost of the project that is allocated to the residential property. 14) Disposition of Reimbursement District iv) The remainder is the portion of the Funds: RVSS shall deliver reimbursement total cost of the project that is funds to the developer within 90 days of allocated to all the non-residential receipt. RVSS shall collect an amount for property. administrative costs equal to 5% of the reimbursement. This cost shall be deducted For reimbursement districts that do from the reimbursement provided to the not involve frontage (i.e. pump developer. stations) the entire approved cost will be allocated based on acreage. The developer is responsible for ensuring that b) The reimbursement required of each RVSS has adequate contact information. If residentially zoned property shall be the developer cannot be located, any calculated by dividing the total reimbursement collected will be forfeited. residential cost allocation in c. above by 64% of the maximum density of the area 15) Expiration: Reimbursement Districts shall of all the residential lots within the expire 20 years after the date of the Final Reimbursement District. This Ordinance. No reimbursement fees will be calculation determines the dwelling unit collected after expiration. cost. The reimbursement shall be based on the number of dwelling units 6.25.060 LID assessments. requesting connection. LID assessments will be calculated by dividing c) The reimbursement required from each the total cost of the project, less connection costs, non-residentially zoned property in the SDCs and other fees by the number of ERUs Reimbursement District shall be within the project. Each parcel will then be calculated as follows: assessed based on the number of ERUs on the i) Multiply 50% of the total approved parcel. Vacant lots shall be assessed based on the non-residential cost times the number of ERUs allowed under the current acreage of a single parcel divided by zoning. the total non-residential acreage in the Reimbursement District If the construction low bid in a nonmandated LID ii) Multiply 50% of the total approved project is 10 percent or more greater than the total non-residential cost times the cost estimate given to property owners during the frontage of a single parcel divided by district formation, all owners will be sent a the total non-residential frontage certified letter explaining the increase. The along the improvement of the entire project will continue unless a majority of all Reimbursement District. owners respond in writing within 20 days of the iii) The sum of a. and b. is the mailing of the letter that they do not support the assessment for the particular parcel. project.

12) Inflation Index Applied to Reimbursements: Additional connections to the main line Reimbursements shall be adjusted on July 1 constructed for the LID, whether from property of each year based on the U.S. National CPIU not included in the original LID or from changes published by the Bureau of Labor Statistics. in use of property included in the original LID, The amount of the adjustment shall be equal will be assessed at the same per ERU rate as the to the previous calendar year’s annual original LID. average CPIU. Properties which obtain sewer service by 13) Collection of Reimbursement: The extending the main line will be assessed a Page | 71

prorated assessment calculated by subtracting the of construction, the actual cost of the backfill length of new main line constructed from 150 feet material, and the current prevailing wage rate for and dividing the result by 150 feet. The quotient laborers and material movers in Region 8 of this calculation multiplied by the standard (Jackson and Josephine County). These figures ERU rate will be the rate applied to these will be entered into the attached formula to connections. determine the amount of reimbursement due. No extra payment will be made for paving, LID assessments will be in effect for 20 years engineering, surveying, or other related expenses. after the completion of the project. No LID Special consideration will be made when RVSS assessment will be collected for new connections requires sewers to be installed at depths greater after the 20 years have expired. All current than 10 feet, where there is rock excavation and accounts on the LID will receive a pro rata share RVSS requires a pipe size increase of 50 percent of the money received from this assessment less or more; or where the increased pipe size also 10 percent, which will be retained by RVSS to requires increased manhole size. In these cover administrative costs. instances, RVSS staff will negotiate a price to [Ord. 11-02, 2011; Ord. 06-04, 2006; Ord. 06-02 cover the costs associated with the extra work. § 5, 2006; Ord. 98-10 § 6, 1998.] See Appendix II of the ordinance codified in this chapter for a formula to calculate the amount. 6.25.070 CSDC reimbursement. RVSS may require a developer, LID, or private If the amount of the reimbursement exceeds the property owner to construct improvements in CSDC owed, RVSS may enter into an agreement excess of what would be required to merely serve whereby the developer/owner is reimbursed from the current project, i.e., system improvements. the CSDC collected from future connections. This would normally be done where there is Such a reimbursement agreement shall be significant potential for development upstream structured similarly to the agreement described in from the current project. The excess RVSSC 6.25.050. improvements may include larger diameter pipe, larger capacity pump stations, alternate routing, RVSS may, at its discretion, forego any or a combination of the three. reimbursement agreements and directly reimburse the owner/developer with money from RVSS may reimburse the developer/owner for the CSDC fund. the difference in construction cost between the [Ord. 06-05 § 4, 2006; Ord. 06-04, 2006; Ord. 06- required improvements and the improvements 02 § 8, 2006; Ord. 98-10 § 7, 1998.] that would have been required to serve only the current project. The developer/owner shall 6.25.080 Other costs. provide RVSS with sufficient documentation so In addition to paying applicable LID assessments, that both parties can agree upon a fixed amount reimbursement assessments, and CSDCs, it is the for RVSS to contribute prior to starting property owner’s responsibility to pay for the construction. The manager shall review the cost following items: of construction to ensure accuracy and may make 1) Construction of the Service Lateral to the appropriate adjustments to ensure that the Structure. Where a service lateral has already reimbursement is fair to both RVSS and the been partly constructed, the new connection developer/owner. The reimbursement will be will be an extension of the existing lateral. made in the form of a credit against the CSDC Where no service lateral has been owed on the parcels being developed. This constructed, the new connection will be at the reimbursement does not preclude the sewer main and will require a tap and a tap owner/developer from entering into a separate fee paid to RVSS. All construction remains reimbursement agreement as described in the responsibility of the property owner. RVSSC 6.25.050. In order to compute reimbursement for upsizing, the construction cost 2) Permit and Inspection Fee. This fee covers will be based on the actual cost of pipe at the time the administrative cost for issuance of the Page | 72

permit and inspection of the lateral by RVSS of the deferred fees, less 10 percent which is inspectors. retained by RVSS for administrative purposes, to each of the current owners of the property 3) Abandoning Septic Tank. This must be done originally assessed as part of the LID. in accordance with the Oregon Department of [Ord. 98-10 § 10, 1998.] Environmental Quality regulations. 6.25.110 Deferment of payment of 4) Paying regular sewer service charge when the assessments. structure is connected to the sewer system. Any property owner unable to pay CSDCs or other charges due RVSS should contact RVSS to 5) Paying applicable Regional Treatment Plant apply for deferral of payment. System Development Charge and Collection 1) Those qualifying for the state of Oregon SDCs. The SDCs may be included as part of senior deferral program may apply to this the assessment in LID projects to allow for program on forms available at RVSS. financing if such assessment is adequately secured by the value of the properties served. 2) Others may apply directly to RVSS. The [Ord. 06-05 § 4, 2006; Ord. 06-04, 2006; Ord. 06- Board of Directors may, at its sound 02 § 9, 2006; Ord. 9810 § 8, 1998.] discretion, upon application of the owner of the benefited property, defer the collection of 6.25.090 Deferral of fees and charges for all or a part of the amount levied against said certain properties. property when it appears to the Board that the RVSS may defer collection of the CSDC for cost of the improvement to the property certain properties in order to reduce pressure on benefited is disproportionate to the value of properties to develop or to support limited use of the improvement to the property, or is not certain types of property. The following deferrals within the capability of the owner to pay. are explicitly allowed by this chapter: 1) Property used for recreational purposes 3) In determining the appropriateness of the predominantly by persons under 14 years of charges, the Board shall take into age will have the CSDC deferred by 50 consideration the following factors: percent. a) The actual use made of the property at the time application for deferment of 2) The Board may, at its sound discretion, defer payment is made. any or all of the CSDC on any parcel when b) The highest and best use to which the the Board determines that it is in the best benefited property is suited. interest of RVSS to allow such deferral. c) The relative financial capability of the [Ord. 06-05 § 4, 2006; Ord. 06-04, 2006; Ord. 06- owner of the benefited property to pay 02 § 10, 2006; Ord. 98-10 § 9, 1998.] the sewer charges levied by RVSS upon such property. The owner, on a form 6.25.100 Collection of deferred fees and prescribed by RVSS, shall submit charges. financial information to the Board. The If there is additional development, a change of Board also has the right to require credit use, or a city annexation/withdrawal on land that information. has received a deferral of fees and charges, the deferred amount would become due. 4) Sums deferred under this section shall be payable in full with interest upon either a If the deferred land is within an LID, and the change of use of the property to create or amount of the deferment was added to the increase the need for sewage collection assessments borne by the remainder of the service or a transfer of the benefited property property within the LID, and the deferral by voluntary conveyance or by operation of terminates within five years of the completion of law. the project, RVSS shall reimburse a pro rata share Page | 73

5) The Board may, at its sound discretion, continue in part the deferment herein If bonds are not sold to finance the project, provided in the event of a transfer or the interest rate will be set at the prime conveyance of less than the entire parcel interest rate plus two percent. This rate will benefited in the portion retained and to the remain fixed for the life of the loan. extent hardship continues. 2) Financing of Assessments Other Than LID 6) If the Board approves a deferral of Assessments. Financing of assessments and reimbursement assessments, RVSS shall other fees may be available through RVSS pay the reimbursement amount stipulated in for a period of time not to exceed 10 years. the agreement to the original developer out The interest rate shall be the prime interest of the CSDC fund. rate on the date of financing application plus two percent. This rate will remain fixed for 7) If ownership of the entire property is changed the life of the loan. and the financial hardship terminated, or the county or other governmental entity with This financing is allowed only if RVSS deter- superior lien rights initiates foreclosure mines there are sufficient resources available process, all accrued interest shall be due and and applicant meets credit requirements. An payable; however, the new owners may elect agreement, consent, waiver, and lien form to pay the principal on the deferred charges must be signed and recorded. by installments over a 10-year period. See also RVSSC 2.05.030, which under 8) Deferred assessments will be reviewed every certain conditions allows a lien to be in five years to determine if the financial second position, with higher interest rates. hardship still exists. Property owners may be required to submit a new deferment 3) Financing of Assessments Other Than LID application at this time. If the Board Assessments. Subdivisions, Commercial or determines that the property owners’ position Multi-Unit Developments of Three or More has improved to the point that they are able to Units. Financing of assessments and other pay, the deferment will be revoked and the fees may be available through RVSS for a assessment due. Affected property owners period of time not to exceed 10 years. The will be eligible for financing as described in interest rate shall be equal to the prime RVSSC 6.25.120. interest rate plus 2% at the date of application [Ord. 12-02, 2012; Ord. 06-05 §§ 4, 6, 7, 2006; as reported by the Medford Mail Tribune or Ord. 98-10 § 11, 1998.] USA Today. The interest rate shall remain constant for the life of the loan. 6.25.120 Financing. 1) Financing of LID Assessments. Financing The financing is allowed only if RVSS for local improvement district assessments is determines there are sufficient resources available through RVSS for a period not to available and applicant meets credit exceed 20 years. If bonds are sold to finance requirements. An agreement must be signed, the improvements, the interest rate before the approved by the Board and recorded. Permits bond sale shall be set at the prime interest rate or other approvals shall not be given until the on the date of project completion plus two Board approves the financing. percent. [Ord. 11-03, 2011; Ord. 98-10 § 12, 1998.]

If assessment bonds are sold, the rate will be 6.25.130 Reasonable conditions. adjusted to the net effective rate on the bond In approving a sewer connection, RVSS, through issue plus 1.5 percent per annum, i.e., net its manager or designated staff, may impose interest cost 5.23 percent, assessment conditions deemed to be reasonable and changed to 6.73 percent. necessary to ensure compliance with standards of Page | 74

the ordinances of RVSS as well as State Charges; Plumbing Codes and to otherwise protect the health, safety and general welfare of the 3) Chapter 9.10 RVSSC, Permits and Service surrounding area and community as a whole. Fees; These conditions may include, but are not limited to, the following: 4) Resolution 91-15, regional water quality 1) Making improvements reasonably related to control plant SDC; the connection such as improving existing lines or manholes; 5) Chapter 9.05 RVSSC, Service Classification Schedules; 2) Requiring the installation or appropriate public facilities and services and dedication 6) Resolution 95-10, financing of service lines; of land to accommodate public facilities when needed; 7) Ordinance 96-2, Eagle Point SDS;

3) Requiring the installation or modification of 8) Ordinance 96-8, sewer service to the city of sewer lines, manholes, or other public Central Point; facilities; 9) Resolution 97-4, Interceptor Development 4) Providing access so that ongoing and Charge; emergency maintenance may be performed without damage to the property; 10) Resolution 98-25, collection system reimbursement fee; 5) Any other conditions which are reasonable in scope and which have a reasonable nexus to 11) Resolution 91-14, collection system the connection. reimbursement fees. [Ord. 98-10 § 13, 1998.] [Ord. 98-10 § 15, 1998.]

6.25.140 Alternate procedures. Chapter 6.30 Entry to Private Property Notwithstanding this chapter, the Board may use Sections any other just and reasonable methods of 6.30.010 Entry to Private Property determining or apportioning the extent of benefit derived, charges levied, deferrals, or financing RVSS may enter upon private property to take authorized by law if, in the sole discretion of the corrective action to stop an active sewer overflow Board, such methods are in the best interest of that poses an immediate threat to a public health RVSS. or welfare. Acceptance of RVSS service [Ord. 98-10 § 14, 1998.] constitutes consent to such entry. RVSS may

assess the property owner for its actual costs 6.25.150 Related ordinances. incurred in correcting the overflow. Assessment Related ordinances and resolutions of RVSS of costs shall be in addition to any other fines or include: penalties that may applied under RVSSC. 1) Chapter 6.05 RVSSC, Local Improvement

District Procedures;

2) Ordinance 91-7, System Development Page | 75

TITLE 7-INDUSTRIAL WASTE PRETREATMENT

CHAPTERS: 7.05 GENERAL PROVISIONS 7.10 PROHIBITIONS AND STANDARDS 7.15 SPILL PREVENTION/SLUG CONTROL PLAN PROVISIONS 7.20 PERMITS 7.25 PRETREATMENT, FLOW MEASUREMENT, AND SAMPLING FACILITIES 7.30 MONITORING, INSPECTION, AND REPORTING 7.35 VIOLATIONS 7.40 INDUSTRIAL WASTEWATER SEWER SERVICE CHARGES

PRIOR LEGISLATION: ORDS. 83-1, 92-3 AND 03-02.

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Chapter 7.05 General Provisions h) To ensure the regional water reclamation Sections: facility complies with its NPDES permit 7.05.010 General provisions. conditions, sludge use and disposal 7.05.020 Administration. requirements and any other federal or 7.05.030 Connection approval required. state laws that the wastewater treatment 7.05.040 Sanitary sewer/storm drain. system is subject to. 7.05.050 Definitions of terms commonly used. 7.05.060 Abbreviations. 2) This title provides for the regulation of all users who discharge nondomestic waste into 7.05.010 General provisions. the wastewater treatment system through the 1) This title sets forth uniform requirements for issuance of permits to certain nondomestic users with discharges of pollutants from users and through enforcement of general nondomestic sources into the wastewater requirements for all users, authorizes treatment system and enables compliance monitoring and enforcement activities, with all applicable state and federal laws, requires user reporting, and provides for the including the Clean Water Act, the General setting of fees for the equitable distribution of Pretreatment Regulations (40 CFR Part 403), costs. and Oregon Administrative Rules (OAR) Chapter 340. The objectives of this title are: 3) The WRD superintendent shall initiate a) To prevent the introduction of pollutants contact with the jurisdictional participant into the wastewater treatment system that regarding any restrictive action within their will interfere with or damage the jurisdiction. In an emergency, contact shall operation of the treatment system; be initiated with the jurisdictional participant b) To prevent the introduction of pollutants at the earliest practical time. into the wastewater treatment system [Ord. 08-02 § 11.100, 2008.] which will pass through the treatment 7.05.020 Administration. system, inadequately treated, into the Except as otherwise provided herein, the WRD Rogue River or its tributaries or the superintendent shall administer, implement, and atmosphere or otherwise be incompatible enforce the provisions of this title. Any powers with the treatment system; granted to or duties imposed upon the WRD c) To ensure that the quality of the superintendent may be delegated by the wastewater treatment plant sludge is superintendent to a duly authorized city maintained at a level that allows its employee. This title is gender neutral and the beneficial use; masculine gender shall include the feminine and d) To protect both municipal personnel who vice versa. “Shall” is mandatory; “may” is may come into contact with sewage, permissive or discretionary. The use of the sludge and effluent in the course of their singular shall be construed to include the plural employment, as well as protecting the and the plural shall include the singular as general public; indicated by the context of its use. e) To preserve the hydraulic capacity of the [Ord. 08-02 § 11.101, 2008.] wastewater treatment system;

f) To improve the opportunity to recycle 7.05.030 Connection approval required. and reclaim wastewater and sludge from No industrial waste connection shall be made to the system; the sanitary sewer system without prior approval g) To provide for equitable distribution of of the manager/WRD superintendent. All the cost of operation, maintenance and conditions allowing industrial waste connection improvements of the wastewater to the sewer system defined in the industrial treatment system, and to provide for the waste discharge permit shall be satisfied prior to efficient use of the wastewater treatment system connection. Jurisdictional participants system for the benefit of the user; shall assure that the industrial user completes the Page | 77 application for sewer use permit form and explicit or implicit duty of making major forwards same to the WRD superintendent and capital investment recommendations; Rogue Valley Sewer Services. initiate and direct other comprehensive [Ord. 08-02 § 11.102, 2008.] measures to assure long-term environmental compliance with 7.05.040 Sanitary sewer/storm drain. environmental laws and regulations; can It is unlawful to discharge, permit the discharge, ensure that the necessary systems are or permit or allow a connection that will result in established or actions taken to gather the discharge of sewage or industrial waste into a complete and accurate information for storm drain. individual wastewater discharge permit [Ord. 08-02 § 11.103, 2008.] (or general permit (optional))

requirements; and where authority to 7.05.050 Definitions of terms commonly used. sign documents has been assigned or Unless the context specifically indicates otherwise, the following terms and phrases, as delegated to the manager in accordance used in this title, shall have the meanings with corporate procedures. c) If the industrial user is a partnership, hereinafter set forth in this section, whether appearing in capital or lower case form. association, or sole proprietorship, an “authorized representative” shall mean a 1) Act” or “the Act” means the federal Water general partner or the proprietor. Pollution Control Act, also known as the Clean Water Act, as amended, 33 U.S.C. d) If the individual user is representing 1251, et seq. federal, state or local governments, or an agent thereof, an “authorized

representative” shall mean a director or 2) “Applicable pretreatment standards” means the most stringent regulation for any highest official appointed or designated to oversee the operation and performance specified pollutant regulated by degree or amount by this title, local limits, state of of the activities of the government Oregon pretreatment standards, or national facility. e) The individuals described in subsections categorical pretreatment standards. (4)(a) through (d) of this section may

designate another authorized 3) “Approval authority” means the Oregon representative if the authorization is in Department of Environmental Quality (DEQ). writing, the authorization specifies the individual or position responsible for the

overall operation of the facility from 4) Authorized Representative of the Industrial which the discharge originates or having User. If the industrial user is a corporation, “authorized representative” shall mean: overall responsibility for environmental matters for the company, and the a) The president, secretary, or a vice- authorization is submitted to the WRD president of the corporation in charge of a principal business function, or any superintendent. other person who performs similar policy 5) “Biochemical oxygen demand (BOD)” or decision-making functions for the corporation; or means the quantity of oxygen utilized in the bio-chemical oxidation of organic matter b) The manager of one or more under standard laboratory procedure, five manufacturing, production, or operating facilities, provided the manager is days at a temperature of 20 degrees authorized to make management centigrade, expressed as a concentration (milligrams per liter (mg/l)). decisions that govern the operation of the regulated facility including having the Page | 78

6) “Best management practices (BMP)” means additional pollutants that the treatment plant schedules of activities, prohibitions of is designed to treat. practices, maintenance procedures, and other management practices to implement the 15) “Composite sample” means the sample prohibitions listed in RVSSC 7.10.010(A) resulting from the combination of individual and (B) (40 CFR 403.5(a)(1) and (b)). BMPs wastewater samples taken at selected include treatment requirements, operating intervals based on either an increment of flow procedures, and practices to control plant site or time. runoff, spillage or leaks, sludge or waste disposal, or drainage from raw materials 16) “Cooling water” means the water discharged storage. from any use such as air conditioning, cooling or refrigeration, to which the only 7) “Categorical pretreatment standard” or pollutant added is heat. “categorical standard” means any regulation containing pollutant discharge limits 17) “Daily maximum” means the maximum of promulgated by the U.S. EPA in accordance any effluent samples for a pollutant collected with Section 307(b) and (c) of the Act (33 during a calendar day. U.S.C. 1317) which applies to a specific category of industrial users and which 18) “Daily maximum limit” means the maximum appears in 40 CFR Chapter 1, Subchapter N, allowable discharge limit of a pollutant Parts 405 through 471, incorporated herein during a calendar day. Where daily maximum by reference. limits are expressed in units of mass, the daily discharge is the total mass discharged over 8) “Categorical industrial user” means an the course of the day. Where daily maximum industrial user subject to a categorical limits are expressed in terms of a pretreatment standard or categorical concentration, the daily discharge is the standard. arithmetic average measurement of the pollutant concentration derived from all 9) “City” means the city of Medford. measurements taken that day. 10) “COD” means a measure of the oxygen 19) “Department of Environmental Quality” or required to oxidize all compounds, both “DEQ” means the Oregon Department of organic and inorganic, in water. Environmental Quality or where appropriate the term may also be used as a designation for 11) “Control authority” means the city of the Director of the Department or other duly Medford water reclamation facility. authorized official of the Department.

12) “Combined sewer or system” means a 20) “Direct discharge” means the discharge of conduit or system of conduits in which both treated or untreated wastewater directly to the sewage and storm water are transported. waters of the state of Oregon.

13) “Commercial building” means all buildings 21) “Discharge” means the discharge or the or premises used for any purpose other than a introduction of pollutants into the wastewater dwelling unit, but not an industrial user. treatment system from any nondomestic source regulated under Section 307(b), (c), or 14) Compatible Pollutant. The words (d) of the Act. “compatible pollutant” shall mean biochemical oxygen demand, suspended 22) “Environmental Protection Agency” or “U.S. solids, pH, and fecal coliform bacteria, plus EPA” means the U.S. Environmental Page | 79

Protection Agency, or where appropriate the Includes any industrial or commercial term may also be used as a designation for the discharge that meets the above-stated criteria. Regional Water Management Division Director or other duly authorized official of 31) “Industrial waste discharge permit” means a said agency. permit to discharge industrial wastes into the wastewater collection and treatment system 23) “Existing source” means any source of issued under the authority of this title and discharge that is not a new source. which prescribes certain discharge requirements and limitations. 24) “Extra strength industrial waste discharge” shall be defined as industrial, commercial, or 32) “Industrial waste pretreatment program” hospital industrial wastes discharged into the means the program approved by the sewer system containing a total of more than Department of Environmental Quality 60 pounds of biochemical oxygen demand or regulated through the National Pollution suspended solids in any one day and having Discharge Elimination System waste an average strength in excess of 300 ppm of discharge permits, and administered by the biochemical oxygen demand or suspended regional water reclamation facility for the solids. purpose of complying with federal, state, and local regulations governing industrial waste 25) “Garbage” means solid wastes originating discharge to the wastewater treatment from the preparation, cooking and dispensing system. of foods, and from the handling, storage, and sale of produce. 33) “Interceptor” means a sanitary sewer, which receives the flow from a number of trunk, 26) “Grab sample” means a sample that is taken main, or lateral sewers and transports it to a from a waste stream without regard to the treatment plant or other point of disposal. flow in the waste stream and over a period of Generally, an interceptor collects the flow time not to exceed 15 minutes. from a number of trunks, mains, or laterals that would otherwise discharge to a natural 27) “Holding tank waste” means any waste outlet. which has been stored in holding tanks, 34) “Instantaneous limit” means the maximum chemical toilets, campers, trailers, septic concentration of a pollutant allowed to be tanks, or vacuum-pump tank trucks. discharged at any time, determined from the analysis of any discrete or composite sample 28) “Indirect discharge” means the introduction collected, independent of the industrial flow of pollutants into a publicly owned treatment rate and the duration of the sampling event. works from any nondomestic source regulated under Section 307(b), (c) or (d) of 35) “Interference” means a discharge which, the Act. alone or in conjunction with a discharge or discharges from other sources, both: 29) “Industrial user” or “user” means a source of a) Inhibits or disrupts the wastewater indirect discharge. treatment system, its treatment processes or operations, or its sludge processes, use 30) “Industrial waste” means any liquid, solid, or or disposal; and gaseous waste discharged into a sanitary b) Therefore is a cause of a violation of any sewer, which by characteristic, quantity, or requirements of the city’s NPDES permit constituent exceeds normal domestic levels. (including an increase in the magnitude or duration of a violation) or of the Page | 80

prevention of sewage sludge use or disposal in compliance with any of the 42) Manager/WRD Superintendent. This following statutory provisions and notation indicates joint action by the regulations or permits issued hereunder jurisdictional participant and the WRD (or more stringent federal, state or local superintendent. Both will be cosignatories to regulations): Section 405 of the Clean the action. The manager is considered the Water Act, the Solid Waste Disposal Act legal representative for the jurisdictional (SWDA) (including Title II, more participant. The WRD superintendent is the commonly referred to as the Resource responsible authority in administering the Conservation and Recovery Act industrial waste pretreatment program. (RCRA)), and including state regulations contained in any state sludge 43) “May” is permissive. management plan prepared pursuant to Subtitle D of the SWDA), the Clean Air 44) “Medical waste” means isolation wastes, Act, the Toxic Substances Control Act, infectious agents, human blood and blood and the Marine Protection Research and products, pathological wastes, sharps, body Sanctuaries Act. parts, contaminated bedding, surgical wastes, potentially contaminated laboratory wastes, 36) “Jurisdictional participant” means the and dialysis wastes. participant that has the legal jurisdiction within certain defined boundaries as now or 45) “Monthly average” means the sum of all hereafter constituted. daily discharges measured during a calendar month divided by the number of daily 37) “Lateral” means a sanitary sewer that will discharges measured during that month. receive the flow from service connections and discharge into a main, trunk, or 46) “Monthly average limit” means the highest interceptor. allowable average of daily discharges over a calendar month, calculated as the sum of all 38) “Leachate” means a solution or product daily discharges measured during a calendar obtained when a liquid percolates through a month divided by the number of daily material and results in dissolving and discharges measured during that month. transporting of soluble materials. 47) “National Pollutant Discharge Elimination 39) “Local limit” means a technically based System (NPDES) Permit” means a permit pollutant limit specific to the ability of the issued by the Oregon Department of treatment plant to treat the pollutant so it does Environmental Quality, which prescribes not upset or inhibit the treatment process, operating and effluent limitations relating to pass through to the Rogue River, or limit or the treatment of sewage. inhibit the beneficial use of sludge and treated effluent. 48) “National pretreatment standard” means any regulation containing pollutant discharge 40) “Main” means a sanitary sewer which will limits promulgated by the EPA in accordance receive the flow from one or more laterals with Section 307(b) and (c) of the Act, which and which will discharge into a trunk or applies to industrial users. This term includes interceptor. prohibitive discharge limits established pursuant to Section 403.5 of the Act. 41) “Manager” means the legal representative for the jurisdictional participant. Page | 81

49) The term “new source” means any building, (2) Significant site preparation work structure, facility or installation from which including clearing, excavation, there is or may be a discharge of pollutants, or removal of existing buildings, the construction of which commenced after structures or facilities which is the publication of proposed pretreatment necessary for the placement, standards under Section 307(c) of the Act assembly, or installation of new which will be applicable to such source if source facilities or equipment; or such standards are thereafter promulgated in ii) Entered into a binding contractual accordance with that section; provided, that: obligation for the purchase of a) The building, structure, facility or facilities or equipment, which are installation is constructed at a site at intended to be used in its operation which no other source is located; or within a reasonable time. Options to b) The building, structure, facility or purchase or contracts which can be installation completely replaces the terminated or modified without process or production equipment that substantial loss, and contracts for causes the discharge of pollutants at an feasibility, engineering, and design existing source; or studies, do not constitute a c) The production or wastewater generating contractual obligation under this processes of the building, structure, subsection. facility or installation are substantially independent of an existing source at the 50) “Participant” means a governmental entity same site. In determining whether these that is party to the regional sewer agreement are substantially independent, factors and subsequent amendments, between the such as the extent to which the new Rogue Valley Sewer Services and city of facility is integrated with the existing Medford. plant, and the extent to which the new facility is engaged in the same general 51) “Pass through” means a discharge which type of activity as the existing source, exits the POTW into waters of the United should be considered. States in quantities or concentrations which, d) Construction on a site at which an alone or in conjunction with a discharge or existing source is located results in a discharges from other sources, are a cause of modification rather than a new source if a violation of any requirement of the city’s the construction does not create a new NPDES permit (including an increase in the building, structure, facility or installation magnitude or duration of a violation). meeting the criteria of subsection (49)(a) of this section but otherwise alters, 52) “Person” means any individual, partnership, replaces, or adds to existing process or co-partnership, firm, company, corporation, production equipment. association, joint stock company, trust, e) Construction of a new source as defined estate, governmental entity, or any other legal under this subsection has commenced if entity, or their legal representatives, agents or the owner or operator has: assigns. The masculine gender shall include i) Begun or caused to begin as part of a the feminine, the singular shall include the continuous on-site construction plural where indicated by the context. This program: definition includes all federal, state, or local (1) Any placement, assembly, or governmental entities. installation of facilities or equipment; or Page | 82

53) “pH” means the logarithm (base 10) of the 59) “Prohibited pollutant” means any pollutant reciprocal of the hydrogen ion concentration contained in the discharge to the wastewater expressed in moles per liter of solution. treatment system, which is prohibited in its entirety or regulated by degree or amount by 54) “Pollutant” means dredged spoil, solid waste, this title. incinerator residue, filter backwash, sew-age, garbage, sewage sludge, munitions, medical 60) “Prohibited discharge standards” or wastes, chemical wastes, biological “prohibited discharges” means absolute materials, radioactive materials, heat, prohibitions against the discharge of certain wrecked or discarded equipment, rock, sand, types or characteristics of wastewater as cellar dirt, municipal, agricultural and established by EPA, DEQ and/or the WRD industrial wastes, and certain characteristics superintendent. of wastewater (e.g., pH, temperature, TSS, turbidity, color, BOD, COD, toxicity, or 61) “Properly shredded garbage” shall mean the odor). wastes from the preparation, cooking, and dispensing of food that have been shredded to 55) “Pollution” means the manmade or man- such degree that all particles will be carried induced alteration of chemical, physical, freely under the flow and conditions biological, and radiological integrity of normally prevailing in public sewers. water. 62) “Publicly owned treatment works” or 56) “Pretreatment” or “treatment” means the “POTW” means a treatment works, as reduction of the amount of pollutants, the defined by Section 212 of the Act (33 U.S.C. elimination of pollutants, or the alteration of Section 1292), which is owned by (the city). the nature of pollutants, or the alteration of This definition includes any devices or the nature of pollutant properties in systems used in the collection, storage, wastewater to a less harmful state prior to or treatment, recycling, and reclamation of in lieu of discharging or otherwise sewage or industrial wastes of a liquid nature introducing such pollutants into the and any conveyances which convey wastewater treatment system. The reduction wastewater to a treatment plant. or alteration may be obtained by physical, chemical, or biological process, or process 63) Regional Committee. The regional changes by other means, except intentional committee is made up of one representative dilution as a partial or complete substitute for of each participant that collects and adequate treatment. discharges wastewater to the regional water reclamation facility. The primary function of 57) “Pretreatment requirement” means any this committee is to review and approve the substantive or procedural requirement, schedule of charges for wastewater related to pretreatment, other than categorical treatment, and to resolve appeals as provided standards and prohibitive discharge in this title, conduct informational and fact- standards, imposed on an industrial user. gathering hearings, both to and from users, staff and the technical advisory group, and 58) “Pretreatment standards” or “standards” shall such other duties as may be assigned under mean prohibited discharge standards, the terms of this title, the regional sewer categorical pretreatment standards, and local agreement, and any subsequent amendments limits. to that agreement.

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64) “Regional Water Reclamation Facility iii) Is designated as significant by the (RWRF)” means that portion of the WRD superintendent on the basis wastewater treatment system designed to that the industrial user has a provide treatment of sewage and industrial reasonable potential for causing pass waste. The wastewater treatment plant and through or interference. duly authorized representatives. iv) Upon a finding that an industrial user meeting the criteria in subsection 65) “Regional facilities” means the components (71)(a)(ii) of this section has no of the wastewater treatment system used to reasonable potential for adversely intercept and treat domestic and industrial affecting the sewer system’s wastewater within the boundaries of the operation or for violating any contributors to the regional water reclamation pretreatment standard or facility. requirement, the WRD superintendent may in accordance 66) “Sanitary sewer” means a pipe or conduit with 40 CFR 403.8(f)(6) determine designed or used to transport sewage and to that such industrial user is not a which storm water, surface and ground significant industrial user. waters are not admitted intentionally. 72) “Slug load” or “slug discharge” means any 67) “Sewage” means human excrement and gray discharge at a flow rate or concentration water (household showers, dishwashing which could cause a violation of the operations, etc.). prohibited discharge standards in RVSSC 7.10.010. A slug discharge is any discharge 68) “Sewer system” means all components of the of a nonroutine, episodic nature, including wastewater treatment system used to collect but not limited to an accidental spill or a and treat domestic and industrial wastewater noncustomary batch discharge, which has a within the boundaries of the contributors to reasonable potential to cause interference or the regional water reclamation facility. pass through, or in any other way violate the POTW’s regulations, local limits or permit 69) “Sewer user” means every person using any conditions. part of the wastewater treatment system. 73) “Standard methods” means the examination 70) “Shall” is mandatory. and analytical procedures set forth in Standard Methods for the Examination of 71) Significant Industrial User. Except as Water and Wastewater, published by the provided in subsection (71)(b) of this section, American Public Health Association, the the term “significant industrial user” shall American Water Works Association, and the mean: Water Pollution Control Federation. a) Industrial users subject to categorical pretreatment standards; and 74) “Storm drain” means a conduit designed or b) Any other industrial user that: used exclusively to transport storm water. i) Discharges an average of 25,000 GPD or more of process wastewater; 75) “Storm water” means any flow occurring ii) Contributes a process waste-stream during or following any form of natural which makes up five percent or more precipitation and resulting thereof, including of the average dry weather hydraulic snowmelt. or organic capacity of the treatment plant; or Page | 84

76) “Suspended solids” or “total suspended maintenance, or careless or improper solids (TSS)” means solids that either float on operation. the surface or are in suspension in water, wastewater, or other liquids; and which are 82) “User” means any person who contributes or removable by laboratory filtering in causes or allows the contribution of sewage accordance with procedures set forth in or industrial wastewater into the wastewater standard methods. treatment system, including persons who contribute such wastes from mobile sources. 77) Technical Advisory Group. The technical advisory group is comprised of the managers 83) “Wastewater” means the liquid and water and administrators, or other representatives, carried industrial wastes, or sewage from of the participants. The primary function of residential dwellings, commercial buildings, this committee is to make recommendations industrial and manufacturing facilities, and to the regional committee on the following institutions, whether treated or untreated, matters: which is contributed to the wastewater a) technical information, rates, system treatment system. development charges, and other matters requested by the regional committee. 84) “Wastewater treatment system” or “system” means the components of the sewer system 78) “Toxic pollutants” means one of the used to intercept and treat domestic and pollutants or combination of those pollutants industrial wastewater within the boundaries listed as toxic in regulations promulgated by of the contributors to, and including, the the Environmental Protection Agency under treatment plant. This definition includes any the provision of Section 307 (33 U.S.C. devices or systems used in the collection, 1317) of the Act. storage, treatment, recycling and reclamation of sewage or industrial wastes and any 79) “Treatment plant” means that portion of the conveyances which convey wastewater to a regional wastewater system designed to treatment plant. provide treatment of sewage and industrial waste. 85) “WRD superintendent” means the city of Medford water reclamation division (WRD) 80) “Treatment plant effluent” means any super-intendent or duly designated discharge of pollutants from the wastewater representative with authority to administer treatment plant into waters of the state. the industrial waste pre-treatment program Includes reclaimed, reused, or recycled and respond to the requirements [Ord. 08-02 wastewater that has been treated. § 11.105, 2008.] of regulatory agencies with respect to the National Pollutant Discharge 81) “Upset” means an exceptional incident in Elimination System (NPDES) permit held by which a discharger unintentionally and the regional water reclamation facility. [Ord. temporarily is in a state of noncompliance 08-02 § 11.104, 2008.] with the discharge requirements set forth in this title or existing permit due to factors 7.05.060 Abbreviations. beyond the reasonable control of the The following abbreviations shall have the discharger, and excluding noncompliance designated meanings: caused by operation error, improperly BOD biochemical oxygen demand designed treatment facilities, inadequate BMP best management practice treatment facilities, lack of preventive BMR baseline monitoring report CFR Code of Federal Regulations COD chemical oxygen demand Page | 85

CIU categorical industrial user wastewater treatment process; to interfere DEQ Oregon Department of Environmental with the use of or disposal of treatment plant Quality sludge; to constitute a hazard to humans or EPA U.S. Environmental Protection Agency animals; to create a toxic effect in the gpd gallons per day receiving waters of the sewer system; to IU industrial user exceed the limitation set forth in a national l liter pretreatment standard; or to exceed a local mg milligrams limit established by the WRD superintendent. mg/l milligrams per liter NSCIU nonsignificant categorical industrial user 2) Specific Prohibitions. No user shall introduce NPDES National Pollutant Discharge or cause to be introduced into the POTW the Elimination System following pollutants, substances, or OAR Oregon Administrative Rules wastewater: O&M operation and maintenance a) Any pollutant which may, by itself or by POTW publicly owned treatment works interaction with other substances, create RCRA Resource Conservation and Recovery a fire or explosion hazard, or be injurious Act in any other way to the sewer system. RWRF regional water reclamation facility Included in this prohibition are waste SIC standard industrial classification streams with a closed cup flashpoint of SIU significant industrial user less than 140 degrees Fahrenheit or 60 SNC significant noncompliance degrees centigrade using the test methods SWDA Solid Waste Disposal Act, 42 U.S.C. specified in 40 CFR 6901, et seq. b) Any wastes, wastewaters or substances U.S.C. United States Code having a pH less than 5.0 or more than TSS total suspended solids 12.5, or having any other corrosive WRD water reclamation division property capable of causing damage or hazard to structures, equipment, or Chapter 7.10 Prohibitions and personnel of the sewer system. c) Solid or viscous substances in amounts Standards which will cause obstruction to the flow Sections: in a sewer system resulting in 7.10.010 Prohibitive discharge standards. interference, such as, but not limited to, 7.10.020 National categorical pretreatment grease, garbage, solids with particles standards. greater than one-quarter inch in any 7.10.030 State pretreatment standards. dimension. 7.10.040 Local limits. d) Any pollutant, including oxygen 7.10.050 Denial, termination, or limitation of demanding pollutants, released in a discharge. discharge at a flow rate and/or pollution 7.10.060 Best management practices. concentration which will cause 7.10.070 Dilution prohibition. interference with the POTW. 7.10.080 Right to revision. e) Any wastewater having a temperature 7.10.090 Tenant responsibility. which will inhibit biological activity in the treatment plant resulting in 7.10.010 Prohibitive discharge standards. interference, but in no case wastewater 1) General Prohibitions. Except as hereinafter which causes the temperature at the provided, no person shall discharge any introduction into the collection system wastewater containing pollutants in sufficient greater than 190 degrees Fahrenheit, or quantity (flow or concentration), either singly which will cause the wastewater or by interaction with other pollutants, to pass treatment plant influent to exceed 104 through or interfere with the wastewater degrees Fahrenheit. The WRD system; to injure or interfere with any superintendent may require thermal Page | 86

loading reduction from industrial users dissolved solids (such as, but not with the potential for thermal impact on limited to, sodium chloride and the sanitary sewer system. sodium sulfate). f) Any pollutant that results in the presence ii) Unusual chlorine demand or of toxic gases, vapors or fumes within the concentrations in such quantities as sewer system in a quantity that may cause to constitute a significant load on the worker health and safety problems. treatment plant, or that violate g) Any waters or wastes containing sludges worker health and safety limits. or screenings from tank bottom contents, m) Any trucked or hauled pollutants, industrial sump bottom contents, grease including holding tank wastes, except at or oil trap wastes, plating or metal discharge points designated by the WRD finishing wastes. superintendent. h) Any noxious or malodorous liquids, n) Any medical wastes including but not gases, solids, or other wastewaters, limited to recognizable portions of the which either singly or by interaction with human or animal anatomy. other wastes are sufficient to create a o) Any wastes containing detergents, public nuisance or hazard to life, or are surface-active agents, or other substances sufficient to prevent entry into the sewers that may cause excessive foaming in the for maintenance and repair. wastewater treatment system. i) Any fat, oils or greases, including but not p) Storm water, surface water, ground limited to petroleum oil, water, artesian well water, roof runoff, nonbiodegradable cutting oil, or products subsurface drainage, swimming pool of mineral oil origin, in amounts that will drainage, condensate, deionized water, cause interference or pass through. cooling water and unpolluted industrial j) Any substance that may cause the wastewater. treatment plant effluent or any other q) Any material identified as hazardous residues, sludges, or scum to be waste according to 40 CFR Part 261 unsuitable for reclamation and reuse or to except as specifically authorized by the interfere with the reclamation process. In WRD superintendent. no case shall a substance discharged to r) Wastewater causing two readings on an the system cause the regional water explosion hazard meter at the point of reclamation facility to be in discharge into the POTW, or at any point noncompliance with sludge use or in the POTW, of more than five percent disposal regulations, or permits issued or any single reading over 10 percent of under Section 405 of the Act, the Solid the lower explosive limit of the meter. Waste Disposal Act, the Clean Air Act, [Ord. 08-02 § 11.201, 2008.] the Toxic Substances Control Act, or other state requirements applicable to the 7.10.020 National categorical pretreatment sludge use and disposal practices being standards. used by the regional water reclamation Users must comply with the categorical facility. pretreatment standards found at 40 CFR Chapter k) Any wastewater containing any I, Subchapter N, Parts 405 through 471. radioactive waste or isotopes except as 1) Where a categorical pretreatment standard is specifically approved by the WRD expressed only in terms of either the mass or superintendent in compliance with the concentration of a pollutant in applicable state or federal regulations. wastewater, the WRD superintendent may l) Materials which exert or cause: impose equivalent concentration or mass i) Unusual concentrations of inert limits in accordance with subsections (4) and suspended solids (such as, but not (5) of this section. limited to, fuller’s earth, lime 2) When the limits in a categorical pretreatment slurries, and lime residues) or of standard are expressed only in terms of mass Page | 87

of pollutant per unit of production, the WRD iv) Not have daily flow rates, production superintendent may convert the limits to levels, or pollutant levels that vary so equivalent limitations expressed either as significantly that equivalent mass mass of pollutant discharged per day or limits are not appropriate to control effluent concentration for purposes of the discharge; and calculating effluent limitations applicable to v) Have consistently complied with all individual industrial users. applicable categorical pretreatment 3) When wastewater subject to a categorical standards during the period prior to pretreatment standard is mixed with the industrial user’s request for wastewater not regulated by the same equivalent mass limits. standard, the WRD superintendent shall b) An industrial user subject to equivalent impose an alternate limit in accordance with mass limits must: 40 CFR 403.6(e). i) Maintain and effectively operate 4) When a categorical pretreatment standard is control and treatment technologies expressed only in terms of pollutant adequate to achieve compliance with concentrations, an industrial user may the equivalent mass limits; request that the city convert the limits to ii) Continue to record the facility’s flow equivalent mass limits. The determination to rates through the use of a continuous convert concentration limits to mass limits is effluent flow monitoring device; within the discretion of the WRD iii) Continue to record the facility’s superintendent. The city may establish production rates and notify the WRD equivalent mass limits only if the industrial superintendent whenever production user meets all the conditions set forth in rates are expected to vary by more subsections (4)(a)(i) through (iv) of this than 20 percent from its baseline section. production rates determined in a) To be eligible for equivalent mass limits, subsection (4)(a)(iii) of this section. the industrial user must: Upon notification of a revised i) Employ, or demonstrate that it will production rate, the WRD employ, water conservation methods superintendent will reassess the and technologies that substantially equivalent mass limit and revise the reduce water use during the term of limit as necessary to reflect changed its individual wastewater discharge conditions at the facility; and permit; iv) Continue to employ the same or ii) Currently use control and treatment comparable water conservation technologies adequate to achieve methods and technologies as those compliance with the applicable implemented pursuant to subsection categorical pretreatment standard, (4)(a)(i) of this section so long as it and not have used dilution as a discharges under an equivalent mass substitute for treatment; limit. iii) Provide sufficient information to c) When developing equivalent mass limits, establish the facility’s actual average the WRD superintendent: daily flow rate for all waste streams, i) Will calculate the equivalent mass based on data from a continuous limit by multiplying the actual effluent flow monitoring device, as average daily flow rate of the well as the facility’s long-term regulated process(es) of the average production rate. Both the industrial user by the concentration- actual average daily flow rate and the based daily maximum and monthly long-term average production rate average standard for the applicable must be representative of current categorical pretreatment standard operating conditions; and the appropriate unit conversion factor; Page | 88

ii) Upon notification of a revised production-based standard shall notify the production rate, will reassess the WRD superintendent within two business equivalent mass limit and recalculate days after the user has a reasonable basis to the limit as necessary to reflect know that the production level will changed conditions at the facility; significantly change within the next calendar and month. Any user not notifying the WRD iii) May retain the same equivalent mass superintendent of such anticipated change limit in subsequent individual will be required to meet the mass or wastewater discharge permit terms if concentration limits in its permit that were the industrial user’s actual average based on the original estimate of the long- daily flow rate was reduced solely as term average production rate. a result of the implementation of [Ord. 08-02 § 11.202, 2008.] water conservation methods and technologies, and the actual average 7.10.030 State pretreatment standards. daily flow rates used in the original State requirements and limitations on dischargers calculation of the equivalent mass to the treatment plant shall be met by all limit were not based on the use of dischargers which are subject to such standards in dilution as a substitute for treatment any instance in which they are more stringent pursuant to RVSSC 7.10.070. The than federal requirements and limitations or those industrial user must also be in in this or any other applicable ordinance. compliance with RVSSC 7.35.240 [Ord. 08-02 § 11.203, 2008.] regarding the prohibition of bypass. 7.10.040 Local limits. 5) The WRD superintendent may convert the The WRD superintendent is authorized to mass limits of the categorical pretreatment establish and revise from time to time local limits standards of 40 CFR Parts 414, 419, and 455 pursuant to 40 CFR 403.5(c). The pollutant limits to concentration limits for purposes of (local limits) will be established to protect against calculating limitations applicable to pass through and interference. No significant individual industrial users. The conversion is industrial user (SIU) shall discharge wastewater at the discretion of the WRD superintendent. containing in excess of the limits established by the WRD superintendent. The local limit shall 6) Once included in its permit, the industrial have precedence if it is more stringent than the user must comply with the equivalent categorical pretreatment standard for the limitations developed in this section in lieu of industrial user, and shall be enforced as the the promulgated categorical standards from standard at the point of discharge to the sewer which the equivalent limitations were derived. system. The local limit shall be identified in the industrial waste discharge permit of the industrial 7) Many categorical pretreatment standards user discharging the pollutant. specify one limit for calculating maximum The local limits apply at the point where the daily discharge limitations and a second limit wastewater is discharged to the POTW. All for calculating maximum monthly average, concentrations for metallic substances are for the or four-day average, limitations. Where such total metal unless indicated otherwise. The WRD standards are being applied, the same superintendent may impose mass limitations in production or flow figure shall be used in addition to concentration-based limitations. calculating both the average and the maximum equivalent limitation. All new domestic wastewaters from restrooms, showers, drinking fountains, etc., unless 8) Any industrial user operating under a permit specifically included as part of a categorical incorporating equivalent mass or pretreatment standard, shall be kept separate from concentration limits calculated from a Page | 89 all industrial wastewaters until the industrial No user shall intentionally increase the use of wastewaters have passed through a required process water or, in any way, attempt to dilute a pretreatment system and the industrial user’s discharge as a partial or complete substitute for monitoring facility. When directed to do so by adequate treatment to achieve compliance with the WRD superintendent, any industrial user may the limitations contained in the national be required to separate existing domestic waste pretreatment standards, or in any other pollutant streams. The WRD superintendent shall limitation developed by this title or the state. It is endeavor to keep the regional committee apprised understood that an industry may vary water usage of the status of local limits and pollutant levels. in the ordinary course of processing. This section [Ord. 08-02 § 11.204, 2008.] is not intended to interfere with this flexibility. [Ord. 08-02 § 11.207, 2008.] 7.10.050 Denial, termination, or limitation of discharge. 7.10.080 Right to revision. The WRD superintendent or manager may deny, The regional water reclamation facility reserves condition, or terminate the discharge of industrial the right to establish, by ordinance or in wastes to the sewer system where such discharges wastewater permits, more stringent limitations or do not meet the requirements of this title or other requirements for discharges to the wastewater applicable pretreatment standards. treatment system, if deemed necessary to comply with the objectives presented in this title. Notwithstanding prior acceptance of industrial [Ord. 08-02 § 11.208, 2008.] wastes into the treatment plant, if the WRD superintendent or manager finds that an industrial 7.10.090 Tenant responsibility. waste from a particular commercial or industrial Any person who shall occupy the industrial user’s occupancy or a class of wastes from similar premises as a tenant under any rental or lease commercial or industrial occupancies constitute a agreement shall be jointly and severally nuisance or may create a hazard to the collection responsible for compliance with the provisions of system or treatment plant or receiving waters, or this title in the same manner as the owner. have an adverse effect on reclaimed wastewater, [Ord. 08-02 § 11.209, 2008.] then the WRD superintendent or manager may limit the characteristics or volume of such wastes, Chapter 7.15 or may terminate the acceptance, or may deny Spill Prevention/Slug Control Plan Provisions acceptance. Notice of the limitation, termination, Sections: or denial, shall be given to the sewer user in the 7.15.010 Spill prevention/slug control. manner as in a notice of violation. It is unlawful 7.15.020 Spill/slug reporting. for any person to discharge or permit the discharge of industrial wastes in violation of this notice. 7.15.010 Spill prevention/slug control. [Ord. 08-02 § 11.205, 2008.] Each user shall provide protection from accidental spill and slug discharges of prohibited 7.10.060 Best management practices. materials or other substances regulated by this The WRD superintendent or manager may title which may interfere with the wastewater require commercial and/or industrial users to treatment system. Facilities, equipment, implement best management practices to restrict materials, etc., to prevent accidental spills and and/or condition discharges to the sanitary sewer slug discharges of prohibited materials shall be system to meet the requirements of this title or provided and maintained at the owner or user’s other applicable pretreatment standards or own cost and expense. requirements. [Ord. 08-02 § 11.206, 2008.] Industrial users having a history of, or possessing the potential for, accidental spills and/or slug 7.10.070 Dilution prohibition. discharges that could upset the treatment plant or cause a violation of the treatment plant’s NPDES Page | 90 permit shall submit and implement a spill 7.15.020 Spill/slug reporting. prevention/slug control program or take such In the case of an accidental discharge, it is the other action that may be necessary to control slug responsibility of the user to immediately discharges. A spill prevention/slug control plan telephone and notify the WRD superintendent of shall be submitted to the WRD superintendent the incident. The notification shall include within 90 days of notification of requirement by location of discharge, type of waste, the WRD superintendent. concentration and volume, and corrective actions. Failure to comply shall cause the user to be in Any user who commences contribution to the violation of this title. treatment plant after the effective date of the 1) Notice to Employees. A notice shall be ordinance codified in this title shall not be permanently posted on the user’s bulletin permitted to introduce pollutants into the system Board or other prominent place advising until accidental spill/slug discharge procedures employees whom to call in the event of an have been submitted and approved by the WRD upset or accidental discharge. Employers superintendent. Review and approval of such shall ensure that all employees who may plans and operating procedures shall not relieve cause or allow such a dangerous discharge to the user from the responsibility to modify the occur are advised of the emergency user’s facility as necessary to meet the notification procedure. requirements of this title, or all other laws and regulations governing the use, storage, and 2) Written Notice. Within five days following transportation of hazardous substances. an accidental discharge, the user shall submit to the WRD superintendent a detailed written The plan shall include at least the following report describing the cause(s) of the elements and shall be available for inspection at discharge and the measures to be taken by the the facility during normal business hours: user to prevent similar future occurrences. 1) A description of discharge practices, Such notification shall not relieve the user of including nonroutine batch discharges; any expense, loss, damage, or other liability which may be incurred as a result of damage 2) A description of process chemicals and to the wastewater treatment system, natural stored chemicals; resources, or any other damage to person or property; nor shall such notification relieve 3) Provisions for immediate notification of the the user of any fines, penalties, or other WRD superintendent of any accidental liability which may be imposed by this title and/or slug discharge, with follow-up written or other applicable law. notification within five days per RVSSC 7.15.020; 3) Preventive Measures. Direct or indirect 4) A description of the potential points of entry connections or entry points which could into the sewer system; allow spills or uncontrolled discharges of prohibited or restricted substances to enter 5) A description of the measures or other actions the sewer system shall be eliminated, labeled, to be taken to prevent entry at the described or controlled so as to prevent the entry of points before a spill occurs; wastes in violation of this title. The manager/WRD superintendent may require 6) Measures to be taken in the event of a spill of the industrial user to install or modify prohibited or restricted materials to contain equipment or make other changes necessary them; to prevent such discharges as a condition of issuance of an industrial waste discharge 7) A description of employee training in the permit or as a condition of continued prevention and control of spills. discharge into the sewer system. A schedule [Ord. 08-02 § 11.300, 2008.] of compliance shall be established by the WRD superintendent, which requires Page | 91

completion of the required actions within the Quality; to protect the public health and safety; to shortest reasonable period of time. Violation protect the receiving water quality; to protect the of the schedule without an extension of time sewer system; to protect the ability to reclaim granted by the WRD superintendent is a wastewater; and to comply with all other violation of this title. applicable federal and state laws. [Ord. 08-02 § 11.301, 2008.] [Ord. 08-02 § 11.401, 2008.]

Chapter 7.20 Permits 7.20.030 Requirement for a permit. Sections: It shall be unlawful for a significant industrial 7.20.010 Wastewater survey. user to discharge wastewater into the sanitary 7.20.020 Permit authority. sewer system without first applying for and 7.20.030 Requirement for a permit. obtaining a wastewater permit from the WRD 7.20.040 Existing users. superintendent. Any violation of the terms and 7.20.050 Application for an industrial waste conditions of the wastewater permit shall be discharge permit. deemed a violation of this title and subjects the 7.20.060 Wastewater permit reissuance/renewal. industrial user to the sanctions set out in this title. 7.20.070 Application information and baseline Obtaining a wastewater permit does not relieve a monitoring report (BMR). permittee of its obligation to obtain other permits required by federal, state, or local law. 7.20.080 Application signatories and

certifications. The WRD superintendent may require other 7.20.090 Issuance of industrial waste discharge industrial users to obtain wastewater permits as permits. necessary to carry out the purposes of this title. 7.20.100 Modification of permits. [Ord. 08-02 § 11.402, 2008.] 7.20.110 Permit transfer.

7.20.120 Trucked and hauled pollutant permits. 7.20.040 Existing users. 7.20.130 Wastewater permit revocation. The requirements for a permit listed in this title 7.20.010 Wastewater survey. are applicable to all users. Existing users that are

discharging to the sewer system without an 7.20.010 Wastewater Survey industrial waste discharge permit may be required When requested by the WRD superintendent, an to apply for such permit. The determination for industrial user shall submit information on the requirement shall be made by the WRD nature and characteristics of their wastewater by superintendent in accordance with the completing a wastewater survey. The WRD requirements established in this title. The user superintendent is authorized to prepare a form for shall be notified in writing of the requirement for this purpose and may periodically require a permit and shall be allowed to continue industrial users to update the survey. Failure to discharging into the sewer system until a permit complete the survey shall be considered a is issued or denied; provided, that the violation of this title. characteristics and concentrations of wastes [Ord. 08-02 § 11.400, 2008.] discharged are not in excess of the amounts

established in this title. Discharges allowed under 7.20.020 Permit authority. these conditions shall meet all other applicable The WRD superintendent shall have the authority requirements of this title. to establish industrial waste discharge permit limitations to the extent necessary to comply with A completed application for an industrial waste this title as well as the national pretreatment discharge permit shall be submitted to the WRD standards including current categorical superintendent within 90 days after permit pretreatment standards and waste discharge requirement notification was received. requirements as promulgated by the U.S. [Ord. 08-02 § 11.403, 2008.] Environmental Protection Agency and the

Oregon State Department of Environmental Page | 92

7.20.050 Application for an industrial waste 3) A description of activities, facilities, and discharge permit. plant processes on the premises, including a Any significant industrial user proposing to begin list of all raw materials and chemicals used at or recommence discharging industrial wastes into the facility, which are or could accidentally the wastewater treatment system must apply for or intentionally be discharged to the sanitary and obtain a wastewater discharge permit prior to sewer system. Include all products produced beginning or recommencing such discharge. by type, amount, and processes.

Application for an industrial waste discharge 4) A description of the nature, average permit shall be made to the WRD superintendent production rate, and SIC code for each of the on forms provided by the regional water process operations conducted, including the reclamation facility. The application shall not be identification of applicable pretreatment considered complete until all information standards. identified on the form is provided, unless specific exemptions are granted by the WRD 5) Schematic process diagram indicating the superintendent. flow of materials and water from start to completed product for each unit process Completed applications shall be submitted to the generating wastewater. Include all sewers, WRD superintendent within 90 days prior to the floor drains, and all points of discharge from date the discharge is to begin. each process to the sewer system.

Contents of the permit application shall be 6) List of toxic substances or pollutants that subject to the confidentiality conditions of this potentially could be present in the wastewater title. dis-charge. Include substances that could [Ord. 08-02 § 11.404, 2008.] enter due to accidental spill or slug discharge.

7.20.060 Wastewater permit 7) List of substances or constituents that reissuance/renewal. potentially could be present in the wastewater A user with an existing permit shall apply for discharge, which, if otherwise disposed of, permit reissuance or renewal by submitting a would be considered a hazardous waste under complete permit application in accordance with 40 CFR Part 261. Include the name of the the requirements of this title a minimum of 45 hazardous waste, the EPA Hazardous Waste days prior to the expiration of the user’s existing Number, and the type of potential discharge permit. (continuous, batch, or other). [Ord. 08-02 § 11.405, 2008.] 8) Average daily and maximum daily flow rates 7.20.070 Application information and in gallons per day. Include flow measurement baseline monitoring report (BMR). information for process streams regulated by An applicant for an industrial waste discharge pretreatment standards and include flow permit shall be required to provide the following information for other waste streams that pertinent information on appropriate forms might be considered dilute waste streams. supplied by the city: Also include any routine or seasonal 1) Name, address, and location (if different variations, batch discharges, etc., and from address); the legal name and owner’s information regarding waste strengths for the name, if different; as well as the officer various types of discharges. Also include entitled to sign documents on behalf of the time and duration of discharges, the location business. Contact information. for monitoring all wastes covered by the permit. 2) List of all environmental control permits held by or for the business or facility. 9) Measurement of Pollutants.

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a) The categorical pretreatment standards 7.20.080 Application signatories and applicable to each regulated process and certifications. any new categorically regulated 1) All wastewater discharge permit processes for existing sources. applications, user reports and certification b) The results of sampling and analysis statements must be signed by an authorized identifying the nature and concentration, representative of the user and contain the and/or mass, where required by the certification statement in RVSSC 7.30.080. standard or by the WRD superintendent, of regulated pollutants in the discharge 2) If the designation of an authorized from each regulated process. representative is no longer accurate because c) Instantaneous, daily maximum, and long a different individual or position has term average concentrations, or mass, responsibility for the overall operation of the where required, shall be reported. facility or overall responsibility for d) The sample shall be representative of environmental matters for the company, a daily operations and shall be analyzed in new written authorization satisfying the accordance with procedures set out in requirements of this section must be RVSSC 7.30.040. Where the standard submitted to the WRD superintendent prior requires compliance with a BMP or to or together with any reports to be signed pollution prevention alternative, the user by an authorized representative. shall submit documentation as required [Ord. 08-02 § 11.407, 2008.] by the WRD superintendent or the applicable standards to determine 7.20.090 Issuance of industrial waste compliance with the standard. discharge permits. e) Sampling must be performed in The WRD superintendent shall evaluate the data accordance with procedures set out in furnished by the user in the industrial waste RVSSC 7.30.020. discharge permit application and may require the user to provide additional information. After 10) Any requests for a monitoring waiver (or a evaluation and acceptance of the data furnished, renewal of an approved monitoring waiver) the WRD superintendent may issue or deny an for a pollutant neither present nor expected to industrial waste discharge permit subject to terms be present in the discharge based on RVSSC and conditions provided in this title. Copies of all 7.30.050(3)(b). permits shall be sent to the manager. 1) General Conditions. 11) Provide statement of certification concerning a) Industrial waste discharge permits shall compliance or noncompliance with be issued or denied by the WRD applicable pretreatment standards. The superintendent within 45 days after a statement shall be reviewed by an authorized completed application is received. If no representative of the user and certified to by determination is made within this time a qualified professional. Measurements of period, the application will be deemed pollutant concentrations to verify compliance denied. Industrial waste discharge if required must be representative of daily permits shall contain conditions that operations and include reported values for meet the requirements of this title as well daily maximum and average concentration as those of applicable state and federal (or mass, where required). laws and regulations. b) If pretreatment facilities are needed to 12) Any other information as may be deemed by meet the discharge requirements in the the WRD superintendent to be necessary to discharge permit, the permit shall require evaluate the permit application. the installation of such facilities. [Ord. 08-02 § 11.406, 2008.] c) Whenever a discharge permit requires installation or modification of treatment facilities or a process change necessary to Page | 94

meet discharge standards or spill control requirements, and any applicable requirements, a compliance schedule compliance schedule. Such schedule shall be included which establishes the may not extend the time for date for completion of the changes and compliance beyond that required by any appropriate interim dates. Interim applicable federal, state, or local law. dates for the commencement and vii) Requirements to control slug completion of major events shall be no discharge, if determined by the WRD more than 90 days apart. superintendent to be necessary. d) The WRD superintendent may deny viii) Any grant of the monitoring waiver approval to issue a discharge permit if the by the WRD superintendent (RVSSC discharge will result in violations of 7.30.050(3)(b)) must be included as local, state, or federal laws or a condition in the user’s permit. regulations; will overload or cause 2) Specific Permit Conditions. Industrial waste damage to any portion of the treatment discharge permits shall be expressly subject plant; or will create an imminent or to all provisions of this title and all other potential hazard to personnel. applicable regulations, user charges, and fees e) Permits shall contain the following adopted by the participants. Permits may elements: contain the following: i) A statement that indicates the a) The unit charge or schedule of user wastewater discharge permit charges and fees for the wastewater to be issuance date, expiration date and discharged to a sewer; effective date. b) Mass limits of discharge where deemed ii) A statement that the wastewater appropriate; discharge permit is nontransferable c) Limits on average and maximum rate and without prior notification to the time of discharge or requirements for WRD superintendent in accordance flow regulations and equalization with RVSSC 7.20.110, and consistent with the capacity of the provisions for furnishing the new collection and treatment system; owner or operator with a copy of the d) Requirements for installation and existing wastewater discharge maintenance of pretreatment facilities, permit. flow measurement devices, inspection iii) Effluent limits and best management and sampling facilities; practices based on applicable e) Requirements for the submission of pretreatment standards. reports and compliance schedules; iv) Self-monitoring, sampling, f) Requirements for submission of reporting, notification, and record- technical reports or discharge reports keeping requirements. These required by the WRD superintendent, by requirements shall include an provisions of the national pretreatment identification of pollutants to be standards or to support monitoring monitored, sampling location, requirements of the pretreatment sampling frequency, and sample type program; based on federal, state, and local law. g) Requirements for maintaining and v) The process for seeking a waiver retaining plant records relating to from monitoring for a pollutant wastewater discharge and affording neither present nor expected to be authorized representatives access present in the discharge in thereto; accordance with RVSSC h) Other conditions as deemed appropriate 7.30.050(3)(b). to ensure compliance with this title. vi) A statement of applicable civil and criminal penalties for violation of 3) Nondischarging Categorical Industrial Users. pretreatment standards and Nondischarging industries that have Page | 95

industrial processes that would otherwise be POTW, city personnel, or the receiving subject to national categorical pretreatment waters; standards and requirements (nondischarging e) Violation of any terms or conditions of categorical industrial users or NDCIUs) the individual wastewater discharge including NDCIUs with zero-discharge permit; categorical limits, that have a potential to f) Misrepresentations or failure to fully discharge, shall be issued no-discharge disclose all relevant facts in the control mechanisms. wastewater discharge permit application or in any required reporting; “Potential to discharge” means hard g) Revision of or a grant of variance from plumbing connected to the POTW’s sanitary categorical pretreatment standards sewer in the proximity of the industry’s pursuant to 40 CFR 403.13; processing area and/or in areas where h) To correct typographical or other errors hazardous chemicals or hazardous wastes are in the individual wastewater discharge stored. This includes plumbing with shut-off permit; or valves and plumbing that has been plugged i) To reflect a transfer of the facility with temporary or removable plugs. ownership or operation to a new owner or Plumbing that is not connected to sanitary operator where requested in accordance sewer or has been permanently disconnected with RVSSC 7.20.110. or cemented shut would not constitute a potential to discharge and issuance of a no- 2) Permittee modification requests shall be discharge control mechanism would not be submitted to the WRD superintendent and required. Examples that constitute potential shall contain a detailed description of all to discharge include floor drains, cleanup proposed changes in the discharge. The WRD sinks and industrial process discharge lines superintendent may request any additional connected to the sewer. information needed to adequately prepare the [Ord. 08-02 § 11.408, 2008.] modification or assess its impact. The WRD superintendent may deny a request for 7.20.100 Modification of permits. modification if the change will result in 1) An industrial waste discharge permit may be violations of federal, state, or local laws or modified for good and valid cause at the regulations; will overload or cause damage to written request of the permittee or at the any portion of the sewer system; or will discretion of the WRD superintendent. create an imminent or potential hazard to Copies of all permit modifications shall be personnel. sent to the manager. Examples of when a permit may be modified may be including, 3) If a permit modification is made at the but not limited to, the following reasons: direction of the WRD superintendent, the a) To incorporate any new or revised permittee shall be notified in writing of the federal, state, or local pretreatment proposed modification and may have at least standards or requirements; 30 days to make appropriate changes. The b) To address significant alterations or WRD superintendent may require the additions to the user’s operation, industrial user to immediately comply with processes, or waste-water volume or the revised permit. character since the time of the individual wastewater discharge permit issuance; 4) The adjustment of any existing local limit in c) A change in the POTW that requires accordance with the requirements of this title either a temporary or permanent shall necessitate a permit modification for reduction or elimination of the permits containing a previously established authorized discharge; local limit. A change in discharge standards d) Information indicating that the permitted may require local limit adjustment. discharge poses a threat to the city’s Page | 96

5) A modification to the permittee’s discharge 2) Falsifying self-monitoring reports; permit must be issued before any significant increase is made in the volume or level of 3) Tampering with monitoring equipment; pollutants in an existing permitted discharge to the sanitary sewer system. 4) Refusing to allow the regional water reclamation facility timely access to the 6) Changes in the discharge involving the facility premises and records; introduction of waste stream or streams not previously included in the industrial waste 5) Failure to meet effluent limitations; discharge permit application or involving the addition of new pollutants shall be 6) Failure to pay fines; considered a new discharge, requiring submission of a new permit application. 7) Failure to pay sewer charges; [Ord. 0802 § 11.409, 2008.] 8) Failure to meet compliance schedules; 7.20.110 Permit transfer. Industrial waste discharge permits are issued to a 9) Failure to provide advance notice of the specific user for a specific operation. A transfer of a permitted facility; wastewater discharge permit shall not be reassigned or transferred or sold to a new owner, 10) Failure to timely correct a violation of any new user, different premises, or a new or changed pretreatment standard or requirement, or any operation without the approval of the WRD terms of a wastewater discharge permit or superintendent and provision of a copy of the this title. existing permit to the new owner/user. If no changes are made to the operation by the new 11) Permits may be voided upon nonuse, owner, the approval shall be completed in at least cessation of operations, or transfer of 30 days. Certification by the new owner or new business owner-ship. All are void upon the user that no significant changes in operation have issuance of a new wastewater permit. [Ord. occurred may be required. If modifications are 08-02 § 11.412, 2008.] made in the operation, or if a new use of the premises is planned by the new user, a permit Chapter 7.25 modification or issuance of a new permit shall be Pretreatment, Flow Measurement, and required. Sampling Facilities [Ord. 08-02 § 11.410, 2008.] Sections: 7.25.010 General. 7.20.120 Trucked and hauled pollutant 7.25.020 Pretreatment facilities. permits. 7.25.030 Flow measurement and sampling The WRD superintendent may issue or deny a facilities. permit to authorize discharge of trucked and 7.25.040 Sampling manhole. hauled pollutants subject to the terms and 7.25.050 Grease interceptors and other conditions provided by this title. pretreatment. [Ord. 08-02 § 11.411, 2008.] 7.25.060 Combustible gas detection meter.

7.20.130 Wastewater permit revocation. 7.25.010 General Wastewater permits may be revoked for any of Any requirement contained in this chapter may be the following reasons: incorporated as part of an industrial waste 1) Failure to notify the regional water discharge permit and made a condition of reclamation facility of significant changes to issuance of such permit; may be required as part the wastewater prior to the changed of a permit modification; or made a condition of discharge; the acceptance of the waste from a facility. Progress reports and compliance schedules shall Page | 97 be provided in accordance with the requirements operating condition at all times, and readily established in this title. accessible to the requesting authority during [Ord. 08-02 § 11.501, 2008.] periods of industrial activity of any type. All devices used to measure wastewater flow and 7.25.020 Pretreatment facilities. quality shall be calibrated periodically to ensure 1) If treatment facilities, operation changes, or their accuracy. process modifications at an industrial discharger’s facility are needed to comply The flow measurement and sampling station shall with any requirements of this title or are be located and constructed in a manner acceptable necessary to meet any applicable state or to the requesting authority. Complete plans on all federal requirements, the manager/WRD phases of the proposed installation including all superintendent may require that such equipment proposed for use, shall be submitted to facilities be constructed or modifications or the WRD superintendent for approval prior to changes be made within a specified time construction. period, taking into consideration construction [Ord. 08-02 § 11.503, 2008.] time, impact of the untreated waste on the sewer system, economic impact on the 7.25.040 Sampling manhole. facility, impact of the waste on the The manager/WRD superintendent may require a marketability of the treatment plant sludge or discharger to install and maintain at the reclaimed wastewater, and any other discharger’s expense a suitable manhole in the appropriate factor. discharger’s branch sewer to allow observation, sampling and measurement of all industrial 2) Any facilities required to pretreat wastewater wastes being discharged into the sewer system. It to a level acceptable to the WRD shall be constructed in accordance with plans superintendent shall be provided, operated, approved by the WRD superintendent and shall and maintained at the user’s expense. be designed so that flow measuring and sampling Detailed plans showing the pretreatment equipment may be conveniently installed. facilities, operating procedures, and/or Access to the manhole shall be available for process modifications shall be submitted to monitoring purposes at all times when and acceptable to the WRD superintendent wastewater is being produced and/or discharged. before construction of the facility. The [Ord. 08-02 § 11.504, 2008.] review of such plans and operating procedures will in no way relieve the user 7.25.050 Grease interceptors and other from the responsibility of modifying the pretreatment. facility as necessary to produce an acceptable Grease, oil, and sand interceptors shall be discharge under the provisions of this title. provided, operated, and maintained when, in the Any subsequent changes in the pretreatment opinion of the WRD superintendent or manager, facilities or method of operation shall be they are necessary for the proper handling of reported to and be acceptable to the WRD liquid wastes containing grease in excessive superintendent prior to the user’s initiation of amounts, or any flammable wastes, sand, or other the changes. harmful substances; except that such interceptors [Ord. 08-02 § 11.502, 2008.] shall not be required for residential users. All interceptors shall be of a type and capacity 7.25.030 Flow measurement and sampling approved by the requesting authority and shall be facilities. located as to be readily accessible for cleaning If so directed by the WRD superintendent or and inspection. Such interceptors shall be manager, flow measurement, sampling devices, inspected, cleaned, and repaired regularly as access facilities, and related equipment shall be needed by the owner at his expense. installed by the user discharging the waste, at the [Ord. 08-02 § 11.505, 2008.] user’s expense, and shall be maintained by the user so as to be in safe condition, in proper 7.25.060 Combustible gas detection meter. Page | 98

Industrial users with the potential to discharge Samples of wastewater being discharged into flammable substances may be required to install the sewer system shall be representative of and maintain an approved combustible gas the discharge and shall be taken after detection meter. treatment. The sampling method shall be one [Ord. 08-02 § 11.506, 2008.] approved by the WRD superintendent and done in accordance with good engineering Chapter 7.30 Monitoring, Inspection, practice. and Reporting Except as indicated below, wastewater Sections: samples collected for the purposes of 7.30.010 General determining industrial user compliance with 7.30.020 Waste sampling and monitoring. pretreatment standards and requirements 7.30.030 Inspection and entry requirements. must be obtained using flow proportional 7.30.040 Analytical requirements. composite collection techniques. In the event 7.30.050 Reporting requirements. flow proportional sampling is infeasible, the 7.30.060 Notification of changed conditions. WRD superintendent may authorize the use 7.30.070 Records retention and confidentiality. of time proportional sampling. 7.30.080 Application signatories and a) Samples for oil and grease, temperature, certification. pH, cyanide, phenols, toxicity, sulfides, 7.30.090 Provision on fraud and false and volatile organic chemicals must be statements. obtained using grab collection 7.30.100 Hazardous waste notification. techniques. 7.30.110 Violation notification. b) Samples that are taken by the authority of 7.30.120 Potential problem notification. the WRD superintendent for the purposes 7.30.130 Seasonal operation notification. of determining compliance with the requirements of this title shall be split 7.30.010 General with the WRD superintendent and the The WRD superintendent has the authority to industrial user (or a duplicate sample carry out all inspection, surveillance, and provided in the instance of fats, oils, and monitoring activities necessary to determine greases) if requested before or at the time compliance or noncompliance with applicable of sampling. pretreatment standards and requirements.

[Ord. 08-02 § 11.601, 2008.] 2) The manager/WRD superintendent may

require waste sampling and monitoring by 7.30.020 Waste sampling and monitoring. the user at the user’s expense if information 1) Wastes discharged into the public sewers and/or data is needed to determine shall be subject to periodic inspection and a compliance with pretreatment standards, determination of character and concentration. determine the treatability of the waste, For wastes discharged by users with an establish a sewer rate charge, or determine effective industrial waste discharge permit, any other factor which is related to the the determinations shall be made at least operation and maintenance of the sewer annually with the option for more frequent system. The locations, frequencies, and types intervals if any pollutant potentially exceeds of sampling and monitoring shall be any limit established by this title. Sampling determined by the WRD superintendent. shall be carried out by customarily accepted [Ord. 08-02 § 11.602, 2008.] methods to reflect the effect of pollutants

upon the treatment plant and to determine the 7.30.030 Inspection and entry requirements. existence of hazardous conditions defined The WRD superintendent shall have the right to elsewhere in this title. enter the premises of any user to determine whether the user is complying with all requirements of this title and any individual Page | 99 wastewater discharge permit or order issued thereto, unless otherwise specified in an hereunder. Users shall allow the WRD applicable categorical pretreatment standard. If superintendent ready access to all parts of the 40 CFR Part 136 does not contain sampling or premises for the purposes of inspection, analytical techniques for the pollutant in sampling, records examination and copying, and question, or where the EPA determines that the the performance of any additional duties. Part 136 sampling and analytical techniques are 1) Where a user has security measures in force inappropriate for the pollutant in question, which require proper identification and sampling and analyses shall be performed by clearance before entry into its premises, the using validated analytical methods or any other user shall make necessary arrangements with applicable sampling and analytical procedures, its security guards so that, upon presentation including procedures suggested by the WRD of suitable identification, the WRD superintendent or other parties approved by DEQ superintendent shall be permitted to enter and the RWRF. without delay for the purposes of performing specific responsibilities. Industrial user process control data analyses may be performed by methods that are not EPA 2) The WRD superintendent shall have the right approved methods, but shall be by methods to set up on the user’s property, or require approved by the WRD superintendent. Analyses installation of, such devices as are necessary performed by non-EPA approved methods may to conduct sampling and/or metering of the be used for routine process evaluations, but may user’s operations. not be used for compliance verification or reporting. 3) The WRD superintendent may require the [Ord. 08-02 § 11.604, 2008.] user to install monitoring equipment as necessary. The facility’s sampling and 7.30.050 Reporting requirements. monitoring equipment shall be maintained at Any user may be required to report the status of all times in a safe and proper operating their wastewater discharge concerning condition by the user at its own expense. All compliance with the requirements of this title. devices used to measure wastewater flow and The frequency of the reports shall be determined quality shall be calibrated annually to ensure by the WRD superintendent. If a user subject to their accuracy. reporting requirements monitors any pollutant more frequently than required by the WRD 4) Any temporary or permanent obstruction to superintendent, the results of this monitoring safe and easy access to the facility to be shall be included in the required report. inspected and/or sampled shall be promptly removed by the user at the written or verbal 1) Baseline Monitoring Reports. Within 180 request of the WRD superintendent and shall days after the effective date of a categorical not be replaced. The costs of clearing such pre-treatment standard, or 180 days after the access shall be borne by the user. final administrative decision on a category determination under 40 CFR 403.6(a)(4), 5) Unreasonable delays in allowing the WRD whichever is later, existing significant superintendent access to the user’s premises industrial users subject to such categorical shall be a violation of this title. pretreatment standards and currently [Ord. 08-02 § 11.603, 2008.] discharging to or scheduled to discharge to the municipal system shall be required to 7.30.040 Analytical requirements. submit to the RWRF a report that contains the All pollutant analyses, including sampling information listed in subsection (1)(a) of this techniques, to be submitted as part of a permit section. At least 90 days prior to application or compliance report shall be commencement of their discharge, new performed in accordance with the techniques sources, including existing users that have prescribed in 40 CFR Part 136, and amendments changed their operation or processes so as to Page | 100

become new sources, shall be required to (5) Site plans, floor plans, submit to the RWRF a report that contains the mechanical and plumbing plans, information listed in subsection (1)(a) of this and details to show all sewers, section. A new source shall also be required floor drains, and appurtenances to report the method it intends to use to meet by size, location, and elevation, applicable pretreatment standards. A new and all points of discharge; source shall also give estimates of its iv) Flow Measurement. The user shall anticipated flow and quantity of pollutants submit information showing the discharged. measured average daily and a) The information required by this section maximum daily flow, in gallons per includes: day, to the system from regulated i) Identifying Information. The user process streams and other streams as shall submit the name and address of necessary to allow use of the the facility including the name of the combined waste stream formula set operator and owners, contact out in 40 CFR 403.6(e), as well as information, description of activities, time and duration of discharges; facilities, and plant production v) Measurement of Pollutants. The user processes on the premises; shall indicate the location for ii) Permits. The user shall submit a list monitoring all wastes covered by the of any environmental control permits permit. Also: held by or for the facility; (1) The industrial user shall identify iii) Description of Operation. the categorical pretreatment (1) The user shall submit a brief standards applicable to each description of the nature, regulated process; average rate of production (2) In addition, the industrial user (including each product shall submit the results of produced by type, amount, sampling and analysis processes, and rate of identifying the nature and production), and standard concentration (and/or mass, industrial classifications of the where required) of regulated operation(s) carried out by such pollutants in the discharge from industrial user. This description each regulated process. should include a schematic Instantaneous, daily maximum process diagram that indicates and long-term average points of discharge to the system concentrations (or mass, where from the regulated processes; required) shall be reported. The (2) Types of wastes generated, and a sample shall be representative of list of all raw materials and daily operations and shall be chemicals used or stored at the performed in accordance with facility which are, or could procedures set out in 40 CFR accidentally or intentionally be, 136. Where the standard requires discharged to the POTW; compliance with a BMP or (3) Number and type of employees, pollution prevention alternative, hours of operation and proposed the user shall submit or actual hours of operation; documentation as required by the (4) Type and amount of raw WRD superintendent or the materials processed (average and applicable standards to maximum per day); Page | 101

determine compliance with the 2) Compliance Deadline Reports. Within 90 standard; days following the date for final compliance (3) A minimum of four grab samples with applicable categorical pretreatment must be used for pH, cyanide, standards, or in the case of a new source, total phenols, oil and grease, following commencement of the introduction sulfide, and volatile organics. All of wastewater into the municipal wastewater other pollutants will be measured system, any industrial user subject to such by composite samples obtained pretreatment standards and requirement shall through flow proportional submit to the RWRF a report containing the sampling techniques. Samples information described in RVSSC 7.20.070 and 7.30.050(1)(a)(i). For industrial users may be obtained through time subject to equivalent mass or concentration proportional sampling limits established in accordance with the techniques or through four grab procedures in 40 CFR 403.6(c), this report samples if the user proves to the shall contain a reasonable measure of the satisfaction of the city that such user’s long-term production rate. For all other samples will be representative of industrial users subject to categorical the discharge; pretreatment standards expressed in terms of vi) Special Certification. A statement, allowable pollutant discharge per unit of reviewed by an authorized production (or other measure of operation), representative of the industrial user this report shall include the user’s actual and certified by a qualified production during the appropriate sampling professional, indicating whether period. All compliance reports must be pretreatment standards are being met signed and certified in accordance with on a consistent basis, and if not, RVSSC 7.30.070. whether additional operations and maintenance (O&M) and/or 3) Periodic Compliance Reports. additional pretreatment is required in a) All significant industrial users must, at a order to meet the pretreatment frequency determined by the WRD standards and requirements; superintendent, submit no less than twice per year (June and December, or on dates vii) Compliance Schedule. If additional specified) reports indicating the nature, pretreatment and/or O&M will be concentration of pollutants in the required to meet the pretreatment discharge which are limited by standards, the shortest schedule by pretreatment standards and the measured which the industrial user will provide or estimated average and maximum daily such additional pretreatment and/or flows for the reporting period. In cases O&M. The completion date in this where the pretreatment standard requires schedule will not be later than the compliance with a best management compliance date established for the practice (BMP) or pollution prevention applicable pretreatment standard. A alternative, the user must submit compliance schedule pursuant to this documentation required by the WRD section must meet the requirements superintendent or the pretreatment set out in this title; standard necessary to determine the viii) Signatory Requirement. All compliance status of the user. baseline-monitoring reports must be b) The city may authorize an industrial user signed and certified in accordance subject to a categorical pretreatment with the requirements of this title. standard to forego sampling of a pollutant regulated by a categorical pretreatment standard if the industrial user has demonstrated through sampling Page | 102

and other technical factors that the waiver and any information pollutant is neither present nor expected submitted by the user in its request to be present in the discharge, or is for the waiver must be maintained by present only at background levels from the WRD superintendent for three intake water and without any increase in years after expiration of the waiver. the pollutant due to activities of the vii) Upon approval of the monitoring industrial user. This authorization is waiver and revision of the user’s subject to the following conditions: permit by the WRD superintendent, i) The waiver may be authorized where the industrial user must certify on a pollutant is determined to be each report with the statement in present solely due to sanitary RVSSC 7.30.090 that there has been wastewater discharged from the no increase in the pollutant in its facility; provided, that the sanitary waste stream due to activities of the wastewater is not regulated by an industrial user. applicable categorical standard and viii) In the event that a waived pollutant is otherwise includes no process found to be present or is expected to wastewater. be present because of changes that ii) The monitoring waiver is valid only occur in the user’s operations, the for the duration of the effective user must immediately comply with period of the individual wastewater the monitoring requirements of discharge permit, but in no case RVSSC 7.30.060(3), or other more longer than five years. The user must frequent monitoring requirements submit a new request for the waiver imposed by the WRD before the waiver can be granted for superintendent, and notify the WRD each subsequent individual superintendent. wastewater discharge permit. See ix) This provision does not supersede RVSSC 7.20.070. certification processes and iii) In making a demonstration that a requirements established in pollutant is not present, the industrial categorical pretreatment standards, user must provide data from at least except as otherwise specified in the one sampling of the facility’s process categorical pretreatment standard. wastewater prior to any treatment c) All periodic compliance reports must be present at the facility that is signed and certified in accordance with representative of all wastewater from RVSSC 7.30.090. all processes. d) All wastewater samples must be iv) The request for a monitoring waiver representative of the user’s discharge. must be signed in accordance with Wastewater monitoring and flow RVSSC 7.05.050(4), and include the measurement facilities shall be properly certification statement in RVSSC operated, kept clean, and maintained in 7.30.090. good working order at all times. The v) Nondetectable sample results may failure of a user to keep its monitoring be used only as a demonstration that facility in good working order shall not a pollutant is not present if the EPA be grounds for the user to claim that approved method from 40 CFR Part sample results are unrepresentative of its 136 with the lowest minimum discharge. detection level for that pollutant was e) If a user subject to the reporting used in the analysis. requirement in this section monitors any vi) Any grant of the monitoring waiver regulated pollutant at the appropriate by the WRD superintendent must be sampling location more frequently than included as a condition in the user’s required by the WRD superintendent, permit. The reasons supporting the using the procedures prescribed in Page | 103

RVSSC 7.30.020 and 7.30.040, the minimum, whether or not it results of this monitoring shall be complied with the increment of included in the report. progress to be met on such date i) Compliance Schedules and Progress and, if not, the date on which it Reports. If additional pretreatment, expects to comply with this monitoring equipment, process increment of progress, the reason control, or equipment modification for delay, and the steps being will be required to meet the taken by the user to return the pretreatment standards established construction to the schedule under this title, the manager/WRD established. In no event shall superintendent may require the user more than 90 days elapse to provide progress reports and between such progress reports to compliance schedules. The the WRD superintendent. compliance schedule shall be subject [Ord. 08-02 § 11.605, 2008.] to WRD superintendent approval or may be established by the WRD 7.30.060 Notification of changed conditions. superintendent at his discretion. The Each industrial user is required to notify the schedule shall define the shortest WRD superintendent of any planned significant schedule to provide the required changes to the industrial user’s operations or action. The completion date in this pretreatment systems that might alter the nature, schedule shall not be later than the quality, or volume of its wastewater; this includes compliance date established for the any change in spill or slug discharge potential. applicable categorical pretreatment 1) The WRD superintendent may require the standard. industrial user to submit such information as The following conditions shall apply may be deemed necessary to evaluate the to this schedule: changed condition. (1) The schedule shall contain progress increments in the form 2) The WRD superintendent may modify an of dates for the commencement existing wastewater permit to accommodate and completion of major events the change. leading to the construction and operation of additional 3) No industrial user shall implement the pretreatment required for the planned changed condition(s) until the WRD user to meet the applicable superintendent has responded to the pretreatment requirements. Such industrial user’s notice. events include hiring an engineer, completing 4) For purposes of this requirement, flow preliminary plans, completing increases of 15 percent or greater and the final plans; executing contract discharge of any previously unreported for major components, pollutant shall be deemed significant. commencing construction, [Ord. 08-02 § 11.606, 2008.] completing construction, start up and full operation. Interim dates 7.30.070 Records retention and for major events shall not be confidentiality. more than 90 days apart. Industrial users shall retain and make available (2) Not later than 14 days following for inspection and copying all records and each date in the schedule and the information required to be retained under 40 CFR final date for compliance, the 403.12(o); this includes information associated user shall submit a progress with best management practices and any waivers report to the WRD data or information. These records shall remain superintendent including, as a Page | 104

available for a period of at least three years, or at least three years after a waiver has expired. 3) All records, which pertain to matters that are the subject of any enforcement or litigation 1) Information and data on an industrial user activities pursuant hereto, shall be retained obtained from reports, questionnaires, permit and preserved by the user until all applications, permits, and monitoring enforcement activities have concluded and all programs, and from inspection and sampling periods of limitation with respect to any and activities con-ducted by the WRD all appeals have expired. superintendent shall be available to the public [Ord. 08-02 § 11.607, 2008.] without restriction unless the industrial user specifically requests and is able to 7.30.080 Application signatories and demonstrate to the satisfaction of the WRD certification. superintendent that the release of such 1) Certification of Permit Applications, User information would divulge information, Reports and Initial Monitoring Waiver. The processes or methods of production entitled following certification statement is required to protection as trade secrets under applicable to be signed and submitted by users state laws. submitting permit applications in accordance a) Wastewater pollutants, characteristics, with RVSSC 7.20.070; users submitting and other effluent data as defined by 40 baseline monitoring reports under RVSSC CFR 2.302 will not be recognized as 7.30.050(1); users submitting reports on confidential information and will be compliance with the categorical pretreatment available to the public without standard deadlines under RVSSC restriction. 7.30.050(2); users submitting periodic b) When requested and demonstrated by the compliance reports required by RVSSC industrial user furnishing a report that 7.30.050(3)(a), and users submitting an such information should be held initial request to forego sampling of a confidential, the portions of a report pollutant on the basis of RVSSC which might disclose trade secrets or 7.30.050(3)(b). The following certification secret processes shall not be made statement must be signed by an authorized available for inspection by the public but representative: shall be made available immediately I certify under penalty of law that this upon request to governmental agencies document and all attachments were for uses related to this title, the National prepared under my direction or Pollutant Discharge Elimination System supervision in accordance with a system (NPDES) program, and in enforcement designed to assure that qualified proceedings involving the person personnel properly gather and evaluate furnishing the report. the information submitted. Based on my inquiry of the person or persons who 2) All users subject to this title shall retain and manage the system, or those persons preserve for no less than three years all directly responsible for gathering the records of information resulting from any information, the information submitted monitoring activities (including records is, to the best of my knowledge and associated with best management practices) belief, true, accurate, and complete. I am required by this title. Such records shall aware that there are significant penalties include for all samples the date, sample for submitting false information, location, method, and time of sampling and including the possibility of fine and the names of the person or persons taking the imprisonment for knowing violations. samples; the dates analyses were performed; who performed the analyses; the analytical 2) Certification of Pollutants Not Present. Users techniques/methods used; and results of such that have an approved monitoring waiver analyses. based on RVSSC 7.30.050(2)(b) must certify Page | 105

on each report with the following statement the EPA Hazardous Waste Number and the type that there has been no increase in the of discharge (continuous, batch, or other). pollutant in its waste-stream due to activities [Ord. 08-02 § 11.610, 2008.] of the user: Based on my inquiry of the person or 7.30.110 Violation notification. persons directly responsible for If sampling performed by a user indicates a managing compliance with the violation, the user shall notify the WRD Pretreatment Standard for 40 CFR superintendent within 24 hours of becoming ______[specify applicable National aware of the violation. The user shall also repeat Pretreatment Standard part(s)], I certify the sampling and analysis and submit the results that, to the best of my knowledge and of the repeat analysis within 30 days after belief, there has been no increase in the becoming aware of the violation. If sampling level of ______[list pollutant(s)] in the performed by the city indicates a violation, the wastewaters due to the activities at the city may require the user to perform the repeat facility since filing of the last periodic sampling and continue to sample until the user is report under RVSSC 7.30.050(3). in compliance. The analytical results must be [Ord. 08-02 § 11.608, 2008.] submitted to the WRD superintendent within 30 days after becoming aware of the violation. 7.30.090 Provision on fraud and false [Ord. 08-02 § 11.611, 2008.] statements. Any reports required under the authority of this 7.30.120 Potential problem notification. title and any other documents required to be All industrial users shall notify the WRD submitted to the WRD superintendent or superintendent immediately of all discharges that maintained by the industrial user shall be subject could cause problems to the wastewater treatment to enforcement provision of this title, and system including any slug loadings. municipal and state law relating to fraud and false [Ord. 08-02 § 11.612, 2008.] statements. In addition, the industrial user shall be subject to: 7.30.130 Seasonal operation notification. 1) The provisions of 18 U.S.C. Section 1001 1) Any user discharging more than 10,000 relating to fraud and false statements; gallons per day shall notify the WRD superintendent and the jurisdictional 2) The provisions of Section 309(c)(4) of the participant at least seven days prior to Clean Water Act, as amended, governing commencing discharge to the sewer system if false statements representation or the user has not been discharging wastewater certification; and at industrial rates for a 30-day period prior to restarting. Notification seven days prior to 3) The provisions of Section 309(c)(6) the first discharge allows the treatment plant regarding responsible corporate officers. to prepare the biological system for increased [Ord. 08-02 § 11.609, 2008.] loading. Information supplied should include approximate hours of operation, number of 7.30.100 Hazardous waste notification. shifts, and estimated production rates in All industrial users shall notify the WRD gallons per day and strength of waste for the superintendent, the EPA Regional Waste first week of operation. Management Division Director, and state hazardous waste authorities in writing of any 2) Any user discharging more than 10,000 discharge into the sewer system of a substance, gallons per day in a seasonal operation shall which, if otherwise disposed of, would be a notify the WRD superintendent and the hazardous waste under 40 CFR Part 261. Such jurisdictional participant at least seven days notification must include the name of the in advance of a shutdown anticipated to be 30 hazardous waste as set forth in 40 CFR Part 261, days or greater in duration. [Ord. 08-02 § 11.613, 2008.] Page | 106

manager/WRD superintendent is empowered to Chapter 7.35 Violations take more than one enforcement action against Sections any noncompliant user. 7.35.010 Violations. [Ord. 08-02 § 11.701, 2008.] 7.35.020 Notice of violation. 7.35.030 Failure to correct violation. 7.35.020 Notice of violation. 7.35.040 Public participation requirement. Upon determination by the WRD superintendent 7.35.050 Consent orders. that a violation has occurred or is occurring, the 7.35.060 Show cause hearing. manager/WRD superintendent may issue a notice 7.35.070 Compliance orders. of violation to the discharger which outlines the 7.35.080 Injunctive relief. violation and the potential liability as well as any 7.35.090 Civil penalties. proposed enforcement actions. The notice may 7.35.100 Cease and desist orders. further require correction of the violation within 7.35.110 Administrative fines. a specified period of time, and may require 7.35.120 Criminal prosecution. written confirmation of the correction and a 7.35.130 Restoration of service. description of the efforts made to correct the 7.35.140 Search warrants. violation. The notice shall be personally 7.35.150 Emergency suspensions. delivered to the user’s premises or be sent by 7.35.160 Termination of permit. certified mail. In an emergency, notice may be 7.35.170 Cost recovery. given orally, but shall be confirmed in writing at 7.35.180 Appeals. the earliest practical time. Notice by mail is 7.35.190 Conflict. presumed to be received by the addressee on the 7.35.200 Severability. third day after mailing. 7.35.210 Water supply severance. [Ord. 08-02 § 11.702, 2008.] 7.35.220 Affirmative defense. 7.35.230 Operating upsets. 7.35.030 Failure to correct violation. 7.35.240 Bypass. Whenever an industrial user continues to violate the provisions of this title, permits or orders 7.35.010 Violations issued hereunder, or any other pretreatment A violation shall be considered to have occurred requirement, the manager/WRD superintendent when any requirement of this title has not been shall initiate monetary penalties, grant extensions met; when a written request of the manager/WRD for correction of the violation, halt or prevent the superintendent, made under the authority of this discharge of the pollutants, or terminate the title, is not met within the specified time; when a discharge. Such other action as may be condition of a permit or contract issued under the appropriate for legal and/or equitable relief may authority of this title is not met within the also be sought by the manager/WRD specified time; when effluent limitations are superintendent including, but not limited to, civil exceeded, regardless of intent or accident; or or criminal actions. when false information has been provided by the 1) In the event a user shall fail to correct any discharger. violation within the time specified by the manager/WRD superintendent, the The remedies provided for in this title are not manager/WRD superintendent may initiate exclusive. The manager/WRD superintendent monetary penalties. The penalties may be may take any, all, or any combination of these initiated with or without the initiation of actions against a noncompliant user. Enforcement judicial proceedings. When, in the opinion of of pretreatment violations will generally be in the manager/WRD superintendent, it is accordance with the city’s enforcement response necessary to initiate monetary penalties, the plan. However, the manager/WRD following shall apply: superintendent may take other action against any a) For the first, second, third, and fourth user when the circumstances warrant. Further, the calendar months a violation continues Page | 107

beyond the time limit provided for limitation. Third calendar month correction thereof, the user shall be beyond the time limit for correction, assessed the graduated penalties listed a total of the following applicable below. Any violation occurrence within amounts: the calendar month is considered a (1) Volume – $6.60 per 1,000 continuing violation. gallons in excess of the i) First calendar month beyond the time established permit limitations; limit for correction, a total of the plus following applicable amounts: (2) BOD and/or SS – $0.68 per (1) Volume – $1.65 per 1,000 pound of BOD and/or suspended gallons in excess of the solids in excess of the established permit limitations; established permit limitation; plus plus (2) BOD and/or SS – $0.17 per (3) pH – $60.00 per occurrence per pound of BOD and/or suspended increment less than a pH of 5.5 solids in excess of the or greater than a pH of 10.0 for established permit limitation; any excursion that exceeds a 10- plus minute duration in any 60- (3) pH – $15.00 per occurrence per minute period; plus increment less than a pH of 5.5 (4) Late reports – $160.00; plus or greater than a pH of 10.0 for (5) Pollutants – Standard penalty, any excursion that exceeds a 10- $2,000 per pollutant per day that minute duration in any 60- exceeds the daily maximum minute period; plus permit discharge limitation. (4) Late reports – $40.00; plus iv) Fourth calendar month beyond the (5) Pollutants – standard penalty, time limit for correction, $4,000 per $500.00 per pollutant per day day for any violation condition. that exceeds the daily maximum (1) Penalties for pH shall be permit discharge limitation. assessed in accordance with the ii) Second calendar month beyond the following increments: time limit for correction, a total of the First increment 4.5 to 5.5 or 11.0 following applicable amounts: to 10.0 (1) Volume – $3.30 per 1,000 Second increment 3.5 to 4.5 or gallons in excess of the 12.0 to 11.0 established permit limitations; Third increment Less than 3.5 or plus greater than 12.0 (2) BOD and/or SS – $0.33 per pound of BOD and/or suspended b) For situations where permit limits have solids in excess of the not been established for BOD or SS, the established permit limitation; penalty may be assessed per pound of plus BOD and/or suspended solids in excess (3) pH – $30.00 per occurrence per of 60 pounds in any one day. increment less than a pH of 5.5 c) For situations where permit limitations or greater than a pH of 10.0 for have not been established for pollutants, any excursion that exceeds a 10- the penalty may be assessed for values minute duration in any 60- that exceed requirements established in minute period; plus this title. (4) Late reports – $80.00; plus d) For situations where pollutant violations iii) Pollutants – standard penalty, $1,000 are excessive, the following shall apply: per pollutant per day that exceeds the i) Penalties for pollutants may be daily maximum permit discharge assessed at two times the standard Page | 108

penalty per pollutant per day that wastewater treatment capabilities exceeded the daily maximum permit relative to current and anticipated future discharge limitation by two times the loads, include schematic flow diagrams daily maximum value but less than for each major wastewater generating three times the daily maximum activity, and a complete description of value. corrective measures planned to achieve ii) Penalties for pollutants may be consistent compliance with established assessed at three times the standard requirements. The schedule and penalty per pollutant per day that evaluation shall be submitted to the exceeded the daily maximum permit WRD superintendent for review and discharge limitation by three times or approval prior to implementation. The more the daily maximum limitation review of such plans and operating value. e) The continuation of a violation beyond procedures will in no way relieve the user the time limit provided for correction from the responsibility of modifying the thereof shall be deemed a separate facility as necessary to produce an offense for each day in which any such acceptable discharge under the violation shall occur. provisions of this title. f) Fines and penalties resulting from failure c) No later than 45 days after notification of to correct violations within the time extension, the user shall begin specified by the manager/WRD implementation of approved engineer’s superintendent are due and payable by recommendations. the user within 14 days after receipt of d) No later than 90 days after notification of billing. Fines collected shall go into the extension, the user shall complete all trust fund for operation and maintenance corrective measures. of the treatment plant. 3) With or without the initiation of judicial 2) If in the opinion of the WRD superintendent proceedings, the manager/WRD conditions warrant and the violation superintendent may halt or prevent any situations are not determined to be discharge of pollutants into the sewer system emergencies, an extension may be granted to and may physically terminate a discharge allow additional time to correct the violation. into the sewer system when: Violation extensions are granted at the a) The user has failed to correct any discretion of the WRD superintendent and violation within the time specified by the may be revoked if any of the violation WRD superintendent in the notice of extension conditions are not met. The violation or the notification of extension. following requirements shall be met for any b) The user has failed to pay costs or violation extension: penalties within the time specified which a) Immediate reduction of pollutant he has been required to pay in accordance parameters to reasonable levels (levels with the requirements of this title. c) A violation creates an emergency determined by the WRD superintendent). situation. An “emergency situation” is b) No later than 30 days after notification of defined as a situation in which, in the extension, the user shall furnish a opinion of the WRD superintendent, schedule developed by a qualified action must be taken as rapidly as professional engineer of process control possible in order to prevent or reduce a and/or equipment modifications that will present or potential danger or hazard to achieve consistent compliance with the environment, the sewer system or any established requirements. Provide a person or property. Includes any situation thorough evaluation performed by a that reasonably appears to present an qualified professional engineer showing Page | 109

imminent endangerment to the health or in the largest daily newspaper published in the welfare of persons. service area of the treatment plant.

4) A notice of termination shall be provided to A significant industrial user will have been in the discharger prior to physically terminating significant noncompliance if its violation meets the discharge. one or more of the following criteria. (Any a) In situations that are determined by the industrial user may be determined to be in WRD superintendent not to be significant noncompliance (SNC) if it has shown emergencies, the notice of termination to have violated subsection (3), (4) or (8) of this shall be in writing and shall contain the section): reasons for the termination, the effective date, and notice of the opportunity for an 1) Chronic violations of wastewater discharge informal hearing before the WRD limits, defined here as those in which 66 superintendent at least 10 days before the percent or more of all of the measurements effective termination date. The notice taken for the same pollutant parameter during shall be personally delivered or sent by a six-month period exceed (by any certified mail to the business address of magnitude) a numeric pretreatment standard the user at least 30 days prior to the or requirement, including instantaneous effective termination date. limits, as defined by 40 CFR 403.3(l); b) In situations that are determined by the WRD superintendent to be emergencies, 2) Technical review criteria (TRC) violations, the initial notice of termination may be defined here as those in which 33 percent or oral or written and the termination of the more of all of the measurements taken for the discharge may be immediate. same pollutant parameter during a six-month i) If oral notice is given, it shall be period equal or exceed the product of the given to the authorized numeric pretreatment standard or representative of the user personally requirement including instantaneous limits, or by telephone and shall be followed as defined by 40 CFR 403.3(l) multiplied by within two working days by written the applicable TRC (TRC equals 1.4 for notice that is mailed or delivered to BOD, TSS, fats, oil, and grease, and 1.2 for the business address of the user. If all other pollutants except pH); the authorized representative cannot be reached, oral notice may be given 3) Any other violation of a pretreatment to a person who is apparently in standard or requirement as defined by 40 charge of the user’s office or facility. CFR 403.3(l) (daily maximum, long-term The effective date of the termination average, instantaneous limit, or narrative in emergencies may be immediately standard) that the POTW determines has after oral or written notice has been caused, alone or in combination with other given as required in this subsection. discharges, interference or pass through ii) The emergency notice of termination (including endangering the health of POTW shall inform the user of the personnel or the general public); opportunity for an informal hearing before the WRD superintendent at 4) Any discharge of a pollutant that has caused the earliest practical date. imminent endangerment to human health, [Ord. 08-02 § 11.703, 2008.] welfare or to the environment or has resulted in the POTW’s exercise of its emergency 7.35.040 Public participation requirement. authority under 40 CFR 403.8(f)(1)(vi)(B) to A list of industrial users which were determined halt or prevent such a discharge; by the WRD superintendent to be in significant noncompliance with applicable pretreatment 5) Failure to meet, within 90 days after the requirements shall be published at least annually schedule date, a compliance schedule Page | 110

milestone contained in a local control days prior to the hearing. Such notice may be mechanism or enforcement order for starting served on any authorized representative of the construction, completing construction, or industrial user. Whether or not the industrial user attaining final compliance; appears as notified, immediate enforcement action may be pursued following the hearing date. 6) Failure to provide, within 45 days after the [Ord. 08-02 § 11.706, 2008.] due date, required reports such as baseline monitoring reports, report on compliance 7.35.070 Compliance orders. with categorical pretreatment standards, When the WRD superintendent finds that an periodic self-monitoring reports, and reports industrial user has violated or continues to violate on compliance with compliance schedules; this title, permits or orders issued hereunder, or any other pretreatment requirement, the WRD 7) Failure to accurately report noncompliance; superintendent may issue an order to the industrial user responsible for the discharge 8) Any other violation or group of violations, directing that, following a specific time period, which may include a violation of best sewer service shall be discontinued unless management practices, which the POTW adequate treatment facilities, devices, or other determines will adversely affect the operation related appurtenances are installed and properly or implementation of the local pretreatment operated. Compliance orders may also contain program. such other requirements as might be reasonably [Ord. 08-02 § 11.704, 2008.] necessary and appropriate to address the noncompliance, including additional self- 7.35.050 Consent orders. monitoring and management practices designed The WRD superintendent may enter into consent to minimize the amount of pollutants discharged orders, assurance of voluntary compliance, or to the sewer. Furthermore, the WRD other similar documents establishing an superintendent may continue to require such agreement with the industrial user responsible for additional self-monitoring after consistent the noncompliance. Such orders will include compliance has been achieved. specific action to be taken by the industrial user [Ord. 08-02 § 11.707, 2008.] to correct the noncompliance within a time period also specified by the order. Consent orders shall 7.35.080 Injunctive relief. have the same force and effect as administrative Whenever an industrial user has violated or continues to violate the provisions of this title, orders and shall be judicially enforceable. permits or orders issued hereunder, or any other [Ord. 08-02 § 11.705, 2008.] pretreatment requirements, the manager/WRD 7.35.060 Show cause hearing. superintendent may petition a court of competent The WRD superintendent may order any jurisdiction for the issuance of a temporary or industrial user that causes or contributes to permanent injunction, as may be appropriate, violation(s) of this title, wastewater permits, which restrains or compels the specific orders issued hereunder, or any other performance of the wastewater permit, order, or pretreatment requirement to appear before the other requirement imposed by this title on WRD superintendent and show cause why a activities of the industrial user. Such other action proposed enforcement action should not be taken. as may be appropriate for legal and/or equitable Notice shall be served on the industrial user relief may also be sought by the manager/WRD specifying the time and place for the meeting, the superintendent. The court shall grant an proposed enforcement action, the reasons for injunction without requiring a showing of a lack such action, and a request that the user show of an adequate remedy at law. cause why this proposed enforcement action [Ord. 08-02 § 11.708, 2008.] should not be taken. The notice of the meeting shall be served personally or by registered or 7.35.090 Civil penalties. certified mail (return receipt requested) at least 10 Page | 111

Any industrial user which has violated or continues to violate this title, any order or permit 7.35.110 Administrative fines. hereunder, or any other pretreatment requirement Notwithstanding any other section of this title, shall be liable to the manager/WRD any user which is found to have violated any superintendent for a maximum civil penalty of provision of this title, permits and orders issued $3,000 per violation per day. In the case of a hereunder, or any other pretreatment requirement monthly or other long-term average discharge may be fined in an amount not to exceed $3,000. limit, penalties shall accrue for each business day Such fines shall be assessed on a per violation, during the period of this violation. per day basis. In the case of monthly or other 1) The manager/WRD superintendent may long-term average discharge limits, fines shall be recover reasonable attorney’s fees, court assessed for each business day during the period costs, and other expenses associated with the of violation. enforcement activities, including sampling 1) Assessments may be added to the user’s next and monitoring expenses, and the cost of any scheduled sewer service charge and the WRD actual damages incurred. superintendent may use such other collection remedies as may be available for other 2) In determining the amount of civil liability, service charges and fees. the court shall take into account all relevant circumstances, including, but not limited to, 2) Unpaid charges, fines, and penalties may, the extent of harm caused by the violation, after 30 days, be assessed an additional the magnitude and duration, any economic penalty of 20 percent of the unpaid balance benefit gained through the industrial user’s and interest shall accrue thereafter at a rate of violation, corrective actions by the industrial seven percent per month. Furthermore, these user, the compliance history of the user, and unpaid charges, fines and penalties, together any other factors as justice requires. with interest therefrom, shall constitute a lien against the individual user’s property. 3) Where appropriate, the manager/WRD superintendent may accept mitigation 3) Industrial users desiring to dispute such fines projects in lieu of the payment of civil must file a written request for the WRD penalties where the project provides a superintendent to reconsider the fine along valuable service and the industrial user’s with full payment of the fine amount within expense in undertaking the project is at least 10 days of being notified of the fine. Where 150 percent of the civil penalty. the WRD superintendent believes a request [Ord. 08-02 § 11.709, 2008.] has merit, he shall convene a hearing on the matter within 15 days of receiving the request 7.35.100 Cease and desist orders. from the industrial user. In the event the When the WRD superintendent finds that an user’s appeal is successful, the payment industrial user has violated or continued to violate together with any interest accruing thereto this title, permits or order issued hereunder, or shall be returned to the industrial user. The any other pretreatment requirement, the WRD RWRF may add the costs of preparing superintendent may issue an order to the administrative enforcement actions, such as industrial user directing it to cease and desist all notices and orders to the fine. such violations and directing the user to: [Ord. 08-02 § 11.711, 2008.] 1) Immediately comply with all requirements. 7.35.120 Criminal prosecution. 2) Take such appropriate remedial or preventive 1) Any industrial user who willfully or action as may be needed to properly address negligently violates any provisions of this a continuing or threatened violation, title, any orders or permits issued hereunder, including halting operations and/or or any other pretreatment requirement shall, terminating the discharge. [ upon conviction, be guilty of a misdemeanor, Ord. 08-02 § 11.710, 2008.] punishable by a fine of not more than $1,000 Page | 112

per violation per day or imprisonment for not actual or threatened discharge, which reasonably more than one year or both. appears to present or cause an imminent or substantial endangerment to the health or welfare 2) Any industrial user who knowingly makes of persons, interferes with the operation of the any false statement, representations, or municipal wastewater system, or which may certifications in any application, record, present an endangerment to the environment. report, plan or other documentation filed or 1) Any industrial user notified of a suspension required to be maintained pursuant to this of its wastewater permit shall immediately title, or wastewater permit, or who falsifies, stop or eliminate its contribution. In the event tampers with or knowingly renders of an industrial user’s failure to immediately inaccurate any monitoring device or method comply voluntarily with the suspension required under this title shall, upon order, the WRD superintendent may take conviction, be punished by a fine of not more such steps as deemed necessary, including than $1,000 per violation per day or immediate severance of the sewer imprisonment for not more than one year or connection, to prevent or minimize damage both. to the system, its receiving stream, or [Ord. 08-02 § 11.712, 2008.] endangerment to any individuals. The WRD superintendent may allow the industrial user 7.35.130 Restoration of service. to recommence its discharge when the user Sewer service shall not be restored until all has demonstrated to the satisfaction of the penalties and charges, including the expense of RWRF that the period of endangerment has removal, closing and restoration, shall have been passed, unless termination proceedings are paid or mutually agreed upon terms concluded initiated against the user. and the cause for discontinuance of service corrected. 2) An industrial user that is responsible, in [Ord. 08-02 § 11.713, 2008.] whole or in part, for any discharge presenting imminent endangerment shall submit a 7.35.140 Search warrants. detailed written statement describing the If the WRD superintendent has been refused causes of the harmful contribution and the access to a building, structure, or property, or any measures taken to prevent any future part thereof, and if the WRD superintendent has occurrences to the WRD superintendent prior probable cause to believe that there may be a to the date of any show cause or termination violation to this title, or that there is a need to hearing. inspect as part of a routine inspection program of [Ord. 08-02 § 11.715, 2008.] the RWRF designed to protect the overall public health, safety and welfare of the community, then 7.35.160 Termination of permit. upon application by the city attorney, an In accordance with the wastewater revocation appropriate municipal court judge may issue a section of this title (RVSSC 7.20.130) and in search and/or seizure warrant describing therein addition to other provisions of this title, any the specific location subject to the warrant. The industrial user which violates conditions of this warrant shall specify what, if anything, may be title, wastewater permits, or orders issued searched and/or seized on the property described. hereunder is subject to permit termination. Such warrant shall be served at reasonable hours by the WRD superintendent in the company of a Noncompliant industrial users will be notified of uniformed police officer. the proposed termination of their wastewater [Ord. 08-02 § 11.714, 2008.] permit and may be offered an opportunity to show cause why the proposed action should not be 7.35.150 Emergency suspensions. taken. The WRD superintendent may suspend the [Ord. 08-02 § 11.716, 2008.] wastewater permit of an industrial user whenever such suspension is necessary in order to stop an 7.35.170 Cost recovery. Page | 113

1) The manager/WRD superintendent may recover all verifiable costs resulting from a 7.35.190 Conflict. discharge not in compliance with this title, All other ordinances and parts of other ordinances including but not limited to the repairing of inconsistent or conflicting with any part of this damages to the sewer system, additional title are hereby repealed to the extent of such treatment costs, additional maintenance inconsistency or conflict. costs, and the paying of fines and penalties [Ord. 08-02 § 11.719, 2008.] assessed the treatment plant by regulatory agencies. The costs may be in addition to any 7.35.200 Severability. fines and penalties assessed the user in other If any provision of this title is invalidated by any sections. court of competent jurisdiction, the remaining provisions shall not be affected and shall continue 2) Notice of intent to recover shall be by letter in full force and effect. to the discharger, sent by certified mail, [Ord. 08-02 § 11.720, 2008.] which states the specific violation, the penalties and damages sustained by the sewer 7.35.210 Water supply severance. system, the costs of those damages and Whenever an industrial user has violated or penalties, and the costs determined as continues to violate the provisions of this title, attributable to the discharge and, therefore, orders, or permits issued hereunder, water service billed to the user. to the industrial user may be severed and service will only recommence, at the user’s expense, 3) The recovery costs are due and payable by the after it has satisfactorily demonstrated its ability user within 30 days after the notice is sent. to comply. [Ord. 08-02 § 11.717, 2008.] [Ord. 08-02 § 11.721, 2008.]

7.35.180 Appeals. 7.35.220 Affirmative defense. A final decision by the WRD superintendent to 1) An industrial user shall have an affirmative adopt a rule establishing or modifying technically defense to an enforcement action brought based local limits may be appealed by any against it for noncompliance with the general jurisdictional participant or any industrial user. A and specific prohibitions of this title if it can final decision by the WRD superintendent prove that it did not know or have reason to concerning the issuance, denial or modification know that its discharge would cause pass of an industrial waste discharge permit, through or interference and that either: concerning an alleged violation of this title or a) A local limit exists for each pollutant penalty therefor, or concerning a service charge discharged and the user was in for industrial waste may be appealed by the waste compliance with each limit directly prior discharger affected by such action. Such to and during the pass through or decisions may be appealed to the regional interference; or committee by mailing a written notice of appeal b) No local limit exists, but the discharge to the WRD superintendent not later than 21 days did not change substantially in nature or after the effective date of the decision or 21 days constituents from the user’s prior after notice was mailed or otherwise given to the discharge when the treatment plant was person, whichever is later. All appeals shall be regularly in compliance with its NPDES first considered by the technical advisory group, permit, and in the case of interference, in which shall make a recommendation to the compliance with applicable sludge use or regional committee. The matter shall be decided disposal requirements. by the regional committee within 60 days after receipt of the notice of appeal. The decision of the 2) The intentional diversion of waste streams regional committee on the appeal shall be final from any portion of an industrial user’s and binding. treatment facility shall be an affirmative [Ord. 08-02 § 11.718, 2008.] defense to an enforcement action brought Page | 114

against the industrial user if the user can Noncompliance caused by operational error, demonstrate that such a bypass was improperly designed pretreatment facilities, unavoidable to prevent loss of life, personal inadequate treatment facilities, lack of preventive injury, or severe property damage. In order to maintenance, or careless or improper operation be eligible for the affirmative defense, the does not constitute an upset. industrial user must demonstrate that there was no feasible alternative to the bypass and The establishment of an affirmative defense submit notice of the bypass as required by 40 under the provisions of this section does not CFR 403.17. relieve the user of liability for damages or extraordinary costs incurred by the wastewater The establishment of an affirmative defense treatment system because of the discharge. under the provisions of this section does not [Ord. 08-02 § 11.723, 2008.] relieve the user of liability for damages or extraordinary costs incurred by the 7.35.240 Bypass. wastewater treatment system as a result of the 1) For the purposes of this section: discharge. a) “Bypass” means the intentional diversion [Ord. 08-02 § 11.722, 2008.] of waste streams from any portion of a user’s treatment facility. 7.35.230 Operating upsets. b) “Severe property damage” means Any user which experiences an upset in operation substantial physical damage to property, which places the user in a temporary state of damage to the treatment facilities which noncompliance with this title or an industrial causes them to become inoperable, or wastewater discharge permit issued pursuant to substantial and permanent loss of natural this title shall inform the WRD superintendent of resources which can reasonably be the upset immediately. The user shall also submit, expected to occur in the absence of a within 24 hours of becoming aware of the upset, bypass. Severe property damage does not a description of the discharge and its causes, the mean economic loss caused by delays in period of noncompliance (if not corrected, the production. time noncompliance is anticipated to end), and the steps being taken to reduce, eliminate and 2) A user may allow any bypass to occur which prevent recurrence of the noncompliance. does not cause pretreatment standards or requirements to be violated, but only if it also If the information is given orally, the user must is for essential maintenance to assure also submit a written report containing such efficient operation. These bypasses are not information within five days. subject to the provision of subsections (3) and (4) of this section. An upset shall be an affirmative defense to an enforcement action brought against a user for 3) Bypass Notifications. violating a pretreatment standard and a) If a user knows in advance of the need for requirement if the following conditions are met: a bypass, it shall submit prior notice to 1) The user can identify the cause of the upset. the WRD superintendent, at least 10 days before the date of the bypass, if possible. 2) The facility was operating in a prudent and b) A user shall submit oral notice to the workmanlike manner at the time of the upset WRD superintendent of an unanticipated and complied with applicable O&M bypass that exceeds applicable procedures. pretreatment standards within 24 hours from the time it becomes aware of the 3) The upset was reported in accordance with bypass. A written submission shall also the requirements of this section. be provided within five days of the time the user becomes aware of the bypass. The written submission shall contain a Page | 115

description of the bypass and its cause; 7.40.040 Pretreatment charges and fees. the duration of the bypass, including exact dates and times, and, if the bypass 7.40.010 Wastewater Strength Determination has not been corrected, the anticipated Each person discharging industrial wastes into time it is expected to continue; and steps the sanitary sewer system may, at his option, or taken or planned to reduce, eliminate, shall, when directed by the manager/WRD and prevent reoccurrence of the bypass. superintendent, construct and maintain an The WRD superintendent may waive the approved control manhole, together with such written report on a case-by-case basis if flow measurement, flow sampling, and sample the oral report has been received within storage facilities for all waste entering the public 24 hours. sewer as may be required by the manager/WRD superintendent. These facilities may be used to 4) Bypass. obtain flow and wastewater characteristics for use a) Bypass is prohibited, and the WRD as a basis for an industrial wastewater service superintendent may take an enforcement charge. These facilities will be installed and action against a user for a bypass, unless: maintained at the discharger’s expense. i) Bypass was unavoidable to prevent loss of life, personal injury, or severe In lieu of directing the construction of property damage; measurement, sampling and sample storage ii) There were no feasible alternatives to facilities, the manager/WRD superintendent may the bypass, such as the use of require each person discharging industrial wastes auxiliary treatment facilities, into the sanitary sewer system to procure and test, retention of untreated wastes, or at the discharger’s expense and in a manner maintenance during normal periods approved by the WRD superintendent, sufficient of equipment downtime. This composite samples on which to base and compute condition is not satisfied if adequate the person’s industrial wastewater service charge. back-up equipment should have been The WRD superintendent may, at his option, installed in the exercise of reasonable procure and test the wastewater discharge to engineering judgment to prevent a deter-mine the wastewater strength for use as a bypass which occurred during basis for an industrial wastewater service charge. normal periods of equipment At least three consecutive or separate 24-hour downtime or preventive composite waste samples shall be taken for the maintenance; and initial year. Additional composite waste samples iii) The user submitted notices as shall be taken at least once during each required under subsection (C) of this subsequent 18-month period to determine section. changes in wastewater strengths. b) The WRD superintendent may approve an anticipated bypass, after considering A composite sample is a series of samples mixed its adverse effects, if the WRD together to approximate the average strength of superintendent determines that it will discharge to the sewer. The sampling period may meet the three conditions listed in include any 24-consecutive-hour period, not subsection (4)(a) of this section. necessarily midnight to midnight. All [Ord. 08-02 § 11.724, 2008.] measurement methods shall be approved by the WRD superintendent. Chapter 7.40 Industrial Wastewater The WRD superintendent shall determine which Sewer Service Charges industrial waste discharges require sampling to Sections: determine waste strengths and shall, in 7.40.010 Wastewater Strength Determination accordance with this section, determine the 7.40.020 Wastewater volume determination. wastewater strengths. 7.40.030 Wastewater rate determination. [Ord. 08-02 § 11.801, 2008.] Page | 116

water. The rate shall be for the higher 7.40.020 Wastewater volume determination. concentration of either BOD or suspended The wastewater volume shall be determined solids, but not assessed for both. based on actual flow measurement. In the event that actual flow measurement is not provided, the 2) Other Charge Rates. If unusual effluent industrial wastewater charge shall be computed conditions make the calculations by the using the metered water flow to the premises as a composite method impossible or unrealistic, basis for water flow. Metered water flow shall another method of sampling and computation include all water delivered to or used on the may be implemented by the WRD premises and which is discharged to the sanitary superintendent. sewer system. Cooling waters or water not discharged to a sanitary sewer shall be separately 3) Allowances. metered at the user’s expense using deduct meters a) Appropriate allowances may be made, at or any other manner approved by the WRD the discretion of the WRD superintendent. WRD superintendent approval superintendent, for the volume of shall be obtained prior to allowing deduction of domestic sewage at permissible limits of such flow from the total water used on the strength. The domestic sewage premises in computing the industrial wastewater allowance shall be based on a ratio of sewer service charge. All metered water flows 1,000 gallons per month for each 27 shall be metered at the user’s expense. employees using the sanitary sewer Allowances may be made in accordance with the system. requirements of this section. b) Favorable consideration will be given to [Ord. 08-02 § 11.802, 2008.] users that can discharge compatible wastes during low flow periods of the 7.40.030 Wastewater rate determination. night and on weekends. Case-by-case Extra strength industrial waste discharge shall be consideration will be given to those users defined as industrial, commercial, or hospital at the discretion of the WRD industrial wastes discharged into the sewer superintendent, to make rate adjustments system containing a total of more than 60 pounds commensurate with decreased impact on of biochemical oxygen demand or suspended the sanitary sewer system. solids in any one day and having an average c) In the event wastewater volume strength in excess of 300 ppm of biochemical determination is computed using metered oxygen demand or suspended solids. water flow and deduct meters are not 1) Composite Charge Rate. For each extra utilized, special allowances may be strength industrial waste discharger, the made, at the discretion of the WRD composite charge rate shall normally be superintendent, for water consumption or employed. The composite charge rate shall be loss based on verifiable industry based on the average of composited samples standards (e.g., evaporation, use in obtained in accordance with the provisions of product, etc.). the wastewater strength determination section of this title (RVSSC 7.40.010) and the 4) Adjustments. The WRD superintendent may wastewater volume as determined in check sewage strength as outlined in this accordance with the provisions of the section and give notice that extra strength wastewater volume determination section of charges be adjusted where applicable at any this title (RVSSC 7.40.020). time in accordance with the most recent analysis. The rate shall be established per 300 ppm of biochemical oxygen demand or suspended 5) Resampling Request – Fees. Any user may solids, or fraction thereof, in excess of the request the WRD superintendent to resample first 300 ppm of biochemical oxygen demand wastewater at no charge if 18 months or more or suspended solids per 1,000 gallons of have elapsed since the last such sampling. If Page | 117

less than 18 months have elapsed since the 2) Fees for monitoring, inspection, and last sampling, then requests for the WRD surveillance procedures, including the cost of superintendent to resample wastes shall be reviewing monitoring reports submitted by submitted in writing and may require industrial users; payment for a resampling fee. The resampling fee for each day of sampling shall 3) Fees for reviewing and responding to be established by the WRD superintendent. accidental discharge procedures and construction; 6) Implementation of Charges. Changes in extra strength charges shall be effective for the 4) Fees for filing appeals; month next following the month in which notice of adjustment was given. 5) Expenses incurred in collecting and [Ord. 08-02 § 11.803, 2008.] analyzing samples of the industrial user’s discharge; 7.40.040 Pretreatment charges and fees. The RWRF may adopt reasonable charges and 6) Other fees and expenses as the RWRF may fees for reimbursement of costs of setting up and deem necessary to carry out the requirements operating the RWRF’s pretreatment program, contained herein. These fees relate solely to which may include: the matters covered by this title and are 1) Fees for permit applications including the separate from all other fees, fines, and cost of processing such applications; penalties chargeable by the RWRF. [ Ord. 08-02 § 11.804, 2008.]

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TITLE 8-WASTEWATER DISPOSAL

CHAPTERS: 8.05 DECLARATION OF POLICY 8.10 DEFINITIONS 8.20 USE OF PUBLIC SEWERS REQUIRED 8.25 CONSTRUCTION STANDARDS FOR PUBLIC SEWERS AND SERVICE CONNECTIONS 8.30 BUILDING SEWERS AND CONNECTIONS 8.35 CONSTRUCTION STANDARDS FOR BUILDING SEWERS 8.40 PRIVATELY ENGINEERED AND CONSTRUCTED SYSTEMS 8.45 PROHIBITED PRACTICES 8.50 PENALTIES OTHER THAN INDUSTRIAL 8.55 APPEALS 8.60 SEVERABILITY AND CONFLICT

Code reviser’s note: Ord. 83-1 has been revised by Ord. 98-9. Ord. 83-1 §§ 4, 5, and 6 have been repealed and are now covered in Title 7 RVSSC.

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Chapter 8.05 Declaration of Policy within or adjoining the building or structure Sections: and conveys the same to the building sewer 8.05.010 Declaration. which begins at a point five feet outside the established line of the building or structure 8.05.010 Declaration. including any structural projection except It is hereby declared to be the policy of the eaves. Rogue Valley Sewer Services to plan and to provide sewerage collection and disposal 4) “Building sewer” means that part of the services within the entire RVSS area. It is horizontal piping of a drainage system further declared to be the policy of the RVSS to which extends from the end of the building provide and offer sewage collection and disposal drain and which receives the discharge of services for such areas adjacent to the RVSS as the building drain and conveys it to a service may, in the judgment of its Board of Directors, connection, individual sewage disposal be feasibly served upon such terms and system or other point of disposal and is conditions as may be determined by the RVSS under the jurisdiction of the RVSS, is not and, where applicable, the cities of Medford, maintained by the RVSS, but by the Central Point, Eagle Point, Talent, Phoenix and property owner. Jacksonville. 5) “Dwelling units” means buildings and structures that are constructed and used The rules and regulations as hereinafter set primarily for residential purposes. forth in this title shall be applicable to the disposal of sewage into the RVSS sewerage system 6) “Engineer” means the engineer, licensed by whether delivered from within or from without the State of Oregon, and duly appointed by a the RVSS. local government agency or the owner of [Ord. 12-03, 2012; Ord. 98-9, 1998; Ord. 83-1 § private sewers to supervise and direct the 101, 1983.] design and construction of local sewerage

facilities, acting personally or through agents Chapter 8.10 Definitions or assistants duly authorized by him, such Sections: agents or assistants acting within the scope of 8.10.010 Definitions of terms commonly used. the particular duties assigned to them. 8.10.020 Definition of additional terms. 7) “Horizontal pipe” means any pipe or fitting 8.10.010 Definitions of terms commonly used. which is installed in a horizontal position or Unless the context specifically indicates which makes an angle of not more than 45 otherwise, the following words, terms, and degrees with the horizontal. phrases when used in this title shall have the meanings hereinafter set forth in this chapter, 8) “Joint-use trunk agreement” means the whether appearing in capital or lowercase form. agreement between the RVSS and any local 1) “Act” or “the Act” means the Federal Water government agency or person providing for Pollution Control Act, also known as the the delivery or receipt of wastewater to or Clean Water Act, as amended, 33 U.S.C. from the RVSS sewerage system and the 1251, et seq. acceptance or delivery by the RVSS of such wastewater. 2) “Board of Directors” or “Board” means the Board of Directors of RVSS. 9) “Local government agency” means any legally constituted city, town, county, special 3) “Building drain” means that part of the district, or other public agency under whose lowest horizontal piping of a building jurisdiction local sewerage facilities may be drainage system which receives the discharge constructed or operated. from soil, waste, and other drainage pipes Page | 120

10) “Natural outlet” means an outlet into a pond, all users of the public sewer system for lake, stream, river, ditch, watercourse, or operation, maintenance, and other purposes other body of surface water. as established by the regional sewer rate committee and adopted by the participant. 11) “Plant” means the Medford Regional Water Quality Control Plant at 1100 Kirtland Road, 19) “Service connection” means a private sewer Central Point, Oregon. which has been constructed to the approximate property line or right-of-way 12) “Plant superintendent” means the line from a public sewer for the sole purpose superintendent of the Medford Regional of providing a connection for the building Water Quality Control Plant, or his duly sewer and is maintained by the user. designated representative, with authority to administer the industrial waste pretreatment 20) “SPCC” means the spill prevention, program and respond to the requirements of containment, and countermeasure plan as regulatory agencies with respect to the defined in 40 CFR Section 112. NPDES permit held by the Medford Regional Water Quality Control Plant. 21) “Trunk” means a major sanitary sewer into which more than two laterals or mains 13) “Pressure sewer” means a sewer receiving discharge and which transports the flow flow directly from a pump station and collected from the laterals and mains to an discharging under pressure into an interceptor, pumping station or treatment interceptor, trunk, main, lateral, another plant. pumping station, or treatment plant. 22) “Unpolluted water or liquids” means any 14) “Private sewer” means a sanitary sewer water or liquid containing none of the which is under the jurisdiction of the RVSS following: free or emulsified grease or oil; but is not maintained by the RVSS or a local acids or alkalis; substances that may impart government agency. taste and odor or color characteristics; toxic or poisonous substances in suspension, 15) “Public sewer” means a sanitary sewer colloidal state or solution; odorous or owned and/or maintained by the RVSS or a otherwise obnoxious gases. It shall meet the local government agency. current state standards for water used for recreation. Analytical determinations shall 16) “RVSS” means the Rogue Valley Sewer Ser- be made in accordance with procedures set vices, a local government agency in the state forth in Standard Methods and other of Oregon, having jurisdiction within certain approved EPA methods. defined boundaries as now or hereafter constituted, acting through its Board of 23) “U.S. EPA” or “EPA” means the U.S. Directors or any Board, committee, body, Environmental Protection Agency which is official or person to whom the Board shall the federal agency which prescribes federal have lawfully delegated the power to act for standards and requirements relating to the or on behalf of the RVSS. treatment and disposal of wastewater and which administers the Clean Water Act. 17) RVSS Sewerage System. The words “RVSS sewerage system” shall mean all or any part 24) “Watercourse” means a channel in which a of the facilities for collection, pumping, flow of water occurs, either continuously or treating, and dis\posing of sewage as intermittently. acquired, constructed or used by the RVSS as [Ord. 12-03, 2012; Ord. 98-9, 1998; Ord. 83-1 § a part of its master plan. 2-01, 1983.]

18) “Service charge” means the charges levied on 8.10.020 Definition of additional terms. Page | 121

Words, terms or expressions peculiar to the art or or used for the disposal of sewage within the science of sewerage not hereinabove defined RVSS, or in any area under the jurisdiction of the shall have the respective meanings given in RVSS. “Glossary, Water and Wastewater Control 1) Where a public sanitary sewer is not available Engineering,” published in 1981, prepared by a under the provisions of this chapter, the joint committee representing the American building sewer shall be connected to a private Public Health Association, American Society of sewage disposal system complying with the Civil Engineers, American Water Works requirements of the DEQ, the Oregon State Association, and the Water Pollution Control Board of Health, the Plumbing Specialty Federation. Code of the state of Oregon, and Jackson [Ord. 12-03, 2012; Ord. 98-9, 1998; Ord. 83-1 § County. 2-02, 1983.] 2) At such time as a public sewer becomes Chapter 8.20 Use of Public Sewers available to a property served by a private sewage disposal system, as provided in Required subsection (1) of this section, a direct Sections: connection shall be made to the public sewer 8.20.010 Objectionable waste. in compliance with this title, and any septic 8.20.020 Discharge to natural outlet unlawful. tanks, cesspools, and similar private sewage 8.20.030 Disposal facility construction unlawful. disposal facilities shall be abandoned in 8.20.040 Toilet facilities. accordance with DEQ regulations. Where 8.20.050 Monthly sewer service charge. existing buildings are too low to be served by 8.20.060 Provisions in addition to law. gravity by an available sewer, the existing septic tank facilities shall be maintained in 8.20.010 Objectionable waste. use and, when so ordered by the manager It shall be unlawful for any person to place, under RVSSC 8.20.040, approved pumping deposit, or permit to be deposited in an unsanitary facilities shall be installed to pump the septic manner upon public or private property within the tank effluent into the available sanitary sewer RVSS or in any area under the jurisdiction of the system. RVSS any human excrement, garbage, or other [Ord. 12-03, 2012; Ord. 98-9, 1998; Ord. 83-1 §§ objectionable waste. 7-03, 7-03.01, 7-03.02, 1983.] [Ord. 12-03, 2012; Ord. 98-9, 1998; Ord. 83-1 § 7-01, 1983.] 8.20.040 Toilet facilities. The owners of all houses, buildings, or properties 8.20.020 Discharge to natural outlet unlawful. used for human occupancy, employment, It shall be unlawful to discharge to any natural recreation, or other purposes, situated within the outlet within the RVSS, or in any area under the RVSS and abutting any street, alley or right-of- jurisdiction of the RVSS, any sewage, industrial way in which there is a public sanitary sewer of wastes or other polluted waters, except where the RVSS, are hereby required, at their expense, suitable treatment has been provided in to install suitable toilet facilities therein and to accordance with applicable provisions in this connect such facilities directly with the proper title. public sewer, either by gravity or with approved [Ord. 12-03, 2012; Ord. 98-9, 1998; Ord. 83-1 § pumping facilities in accordance with the 7-02, 1983.] provisions of this title, within six months after the date of official notice to do so; provided, that said 8.20.030 Disposal facility construction public sewer is available to or on the property unlawful. and/or at a property line of said property and the Except as provided in subsection (1) of this structures or buildings are within 200 feet of the section, it shall be unlawful to construct or public sewer. In the event that, during the said maintain any privy, privy vault, septic tank, period of six months, the said owner shall file his cesspool, holding tank, or other facility intended written objections with the manager against being Page | 122

so required to install said facilities, the RVSS state laws and current safety regulations. shall not enforce the provisions of this section [Ord. 12-03, 2012; Ord. 98-9, 1998; Ord. 83-1 § upon said owner so filing his objections, until the 802, 1983.] Board shall have, at a meeting thereof, heard the said objections of said owner, and rendered its Chapter 8.30 Building Sewers and decision thereon. The meeting of the Board shall be held not less than 10 days nor more than 30 Connections days from and after the date of the filing of said Sections: objections with the manager. Not less than seven 8.30.005 Oregon Plumbing Specialty Code days prior to the date set by the Board of said 8.30.010 Unauthorized connections. meeting, the manager shall give due notice of the 8.30.020 Sewer connection permit. date set therefor to said owner. The decision of 8.30.030 Building sewer construction. the Board shall be final and no recourse shall be 8.30.040 Use of existing sewers. available to said owner except as is provided by 8.30.050 Separate building sewer. law. 8.30.060 Basement service. [Ord. 12-03, 2012; Ord. 98-9, 1998; Ord. 83-1 § 8.30.070 Restricted connections. 7-04, 1983.] 8.30.005 Oregon Plumbing Specialty Code 8.20.050 Reserved In the event of a conflict between this Code and the Oregon Plumbing Specialty Code (OPSC), 8.20.060 Provisions in addition to law. the most recent version of the OPSC shall prevail. The provisions of this chapter shall be in addition to and not in derogation of the requirements of 8.30.010 Unauthorized connections. general law. No person, firm or corporation shall uncover, [Ord. 12-03, 2012; Ord. 98-9, 1998; Ord. 83-1 § make any connections with or opening into, use, 7-06, 1983.] alter, or disturb any public sewer or appurtenances thereto without first making an Chapter 8.25 application to the RVSS and securing a permit Construction Standards for Public Sewers therefor. and Service Connections [Ord. 12-03, 2012; Ord. 98-9, 1998; Ord. 83-1 § 9-01, 1983.] Sections: 8.25.010 In general. 8.30.020 Sewer connection permit. 8.25.020 Safety. There shall be two classes of building sewer permits for the RVSS: (A) for residential and 8.25.010 In general. commercial service, and (B) for service to Public sewer and service connection construction establishments producing industrial wastes. In by any person, firm or corporation within the either case, the owner or his authorized agent boundaries of the RVSS shall conform to this shall make application on a special permit form title, design criteria adopted by RVSS, which furnished by the RVSS. The permit application may be modified from time to time, and the under Class 1 shall be supplemented by any plans, requirements of the Oregon State Health Division specifications, or other information considered and DEQ. In the event of conflict, the highest pertinent in the RVSS’s judgment. A permit and applicable standard, as determined by the inspection fee as established by the Board shall manager, shall apply. be paid to the RVSS at the time the permit is [Ord. 12-03, 2012; Ord. 98-9, 1998; Ord. 83-1 § issued. 8-01, 1983.] [Ord. 12-03, 2012; Ord. 98-9, 1998; Ord. 83-1 § 9-02, 1983.] 8.25.020 Safety. Any person or persons constructing sewers within 8.30.030 Building sewer construction. the RVSS shall fully comply with the applicable Building sewer line construction shall be in Page | 123

accordance with this title and the Plumbing sewage carried by such drain shall be lifted by Specialty Code of the state of Oregon. All costs approved means and discharged to the building and expenses incident to the installation and sewer. connection of the building sewer shall be borne [Ord. 12-03, 2012; Ord. 98-9, 1998; Ord. 83-1 § by the owner. It is the owner’s responsibility to 9-06, 1983.] maintain the building sewer line and service connection from the house to the public sewer. 8.30.070 Restricted connections. Any loss or damage to any RVSS facility caused No person shall make connection of roof either by improper installation or maintenance downspouts, exterior foundation drains, areaway procedures will also be the owner’s drains, or other sources of surface runoff or responsibility. groundwater to a building sewer or building drain [Ord. 1203, 2012; Ord. 98-9, 1998; Ord. 83-1 § which in turn is connected directly or indirectly 9-03, 1983.] to a public sanitary sewer. [Ord. 12-03, 2012; Ord. 98-9, 1998; Ord. 83-1 § 8.30.040 Use of existing sewers. 9-07, 1983.] Existing building sewers may be used in connection with new buildings, or new building Chapter 8.35 sewers, only when they are found, on Construction Standards for Building Sewers examination and testing by the RVSS, to meet all Sections: requirements of this title. 8.35.010 In general. [Ord. 12-03, 2012; Ord. 98-9, 1998; Ord. 83-1 § 904, 1983.] 8.35.010 In general. Building sewer construction by any person, firm 8.30.050 Separate building sewer. or corporation within the boundaries of the RVSS A separate and independent building sewer shall shall conform to the requirements of the most be provided for every building, except where one recent revision of the Oregon State Plumbing building stands at the rear of another on an Specialty Code. interior lot and no private sewer is available or [Ord. 13-01, 2013; Ord. 12-03, 2012; Ord. 98-9, can be constructed to the rear building through an 1998; Ord. 83-1 § 10-01, 1983.] adjoining alley, court, yard, or driveway. The building sewer from the front building may be Chapter 8.40 Privately Engineered and extended to the rear building and whole considered as one building sewer; provided, Constructed Systems however, that apartment courts, motels and similar structures held under a single ownership Sections: shall be permitted to use a single sanitary sewer 8.40.010 Review and approval required. connection while such single ownership shall 8.40.020 Engineered plans. continue, such single connection to be of a size 8.40.030 Type of sewerage system. and type approved by the RVSS as adequate for 8.40.040 Sewer design criteria. the purpose. 8.40.050 Reserved. [Ord. 12-03, 2012; Ord. 98-9, 1998; Ord. 83-1 § 8.40.060 Notification and review. 9-05, 1983.] 8.40.070 Inspection. 8.40.080 Plan review and inspection fees. 8.30.060 Basement service. 8.40.090 County road permit required. Building sewers serving buildings with basements shall, whenever possible, be brought 8.40.010 Review and approval required. to the building at an elevation below the basement Plans for all privately constructed sewer systems floor. which will become public sewers within the jurisdiction of the RVSS and connected to its In all buildings in which any building drain is too sewerage system shall be reviewed and approved low to permit gravity flow to the public sewer, by the RVSS. All such systems shall fully Page | 124

conform to the provisions of this title, and the be made by the person, and all required revisions requirements of the Oregon State Health of plans resubmitted in the same manner as Division, Department of Commerce and DEQ. In provided for in the initial submittal. Each person the event of conflict, the highest applicable shall inform the RVSS a minimum of 10 days in standard shall govern. advance of the start of any sewer construction. [Ord. 12-03, 2012; Ord. 98-9, 1998; Ord. 83-1 § [Ord. 12-03, 2012; Ord. 98-9, 1998; Ord. 83-1 § 11-01, 1983.] 11-06, 1983.]

8.40.020 Engineered plans. 8.40.070 Inspection. All plans, notes, sketches and calculations from The RVSS will inspect all sewer system which the systems described in RVSSC 8.40.010 construction within the RVSS to ensure are to be constructed shall be prepared by a compliance with the provisions of this title. The professional engineer registered in the state of inspector will make diligent efforts to protect Oregon. against defects and deficiencies in the work of the [Ord. 12-03, 2012; Ord. 98-9, 1998; Ord. 83-1 § contractor and to determine if the provisions of 11-02, 1983.] this title are being fulfilled. Periodic inspection will not relieve the contractor or engineer of those 8.40.030 Type of sewerage system. duties and responsibilities which belong to them. All sewer systems shall be designed as separate The construction contractor and engineer are sanitary sewers or storm sewers. Construction of fully responsible for the techniques and combined sewers will not be permitted. sequences of construction and the safety [Ord. 12-03, 2012; Ord. 98-9, 1998; Ord. 83-1 § precautions incidental thereto, and for performing 11-03, 1983.] the construction work in accordance with the provisions of this title and with the construction 8.40.040 Sewer design criteria. plans as approved. The sewer design criteria are set forth in the The RVSS will notify the person responsible for RVSS construction design standards adopted by the construction when, in the opinion of the resolution of the Board.. RVSS, the construction work does not comply [Ord. 12-03, 2012; Ord. 98-9, 1998; Ord. 83-1 § with this title and with the construction plans as 11-04, 1983.] approved. Upon receipt of such notification, the person shall immediately take such action as may 8.40.050 Reserved be necessary to ensure compliance.

8.40.060 Notification and review. The construction of the sewers shall be Each person shall notify the RVSS of its intention accomplished under the supervision of an to prepare construction plans and will forward to engineer currently registered in the state of RVSS a map drawn in sufficient detail to identify Oregon or his representative. At the completion the area being served. RVSS will respond with of the construction, the engineer shall certify in location information on adjacent portions of its writing to the RVSS that such construction system and any other information that may be complies with the provisions of this title and the pertinent to the proposed service area. Said previously approved plans. A copy of the as- person shall submit two sets of plans when built plans will be provided to the RVSS. completed, and shall obtain approval thereof to Alternatively, the responsible party may engage construct prior to advertising for bids. Within 21 RVSS to supervise and certify the construction of calendar days following receipt of such plans, the the sewers, in which case RVSS shall bill the RVSS shall review same and shall notify the property owner in accordance with a fee schedule person in writing of approval or required changes adopted by the Board by resolution. indicated. This letter of approval will contain all [Ord. 12-03, 2012; Ord. 98-9, 1998; Ord. 83-1 § of the conditions to be met prior to acceptance of 11-07, 1983.] the constructed facilities for maintenance. If said plans are disapproved, the required changes shall 8.40.080 Plan review and inspection fees. Page | 125

RVSS shall be reimbursed for the cost of providing plan review and inspection services to Chapter 8.50 Penalties Other Than the person installing new sewer systems. These fees are established by Board resolution and will Industrial be noted in the plan approval letter. All service Sections: fees shall be paid prior to starting construction. 8.50.005 Applicability to all service areas [Ord. 12-03, 2012; Ord. 98-9, 1998; Ord. 83-1 § offered by RVSS. 11-08, 1983.] 8.50.010 Denial of connection. 8.50.020 Issuance of stop work order. 8.40.090 County road permit required. 8.50.030 Delinquency. Where privately engineered sewers are con- 8.50.040 Ownership and occupancy. structed along or across existing roads that are 8.50.050 Monetary penalties. maintained by another jurisdiction, a permit for said construction shall be obtained from the 8.50.005 Applicability to all service areas applicable jurisdiction’s department of public offered by RVSS. works by the person responsible for the This chapter applies to all services offered by construction. Permit or approval given by RVSS RVSS including sanitary sewer and storm sewer. for sewer construction will in no way relieve the [Ord. 12-03, 2012; Ord. 07-03 § 3(A), 2007.] person from obtaining the necessary permit from said department and complying with all of the 8.50.010 Denial of connection. general and special county permit conditions. No person, firm or corporation may connect a [Ord. 12-03, 2012; Ord. 98-9, 1998; Ord. 83-1 § sewer to the RVSS system unless they comply 11-09, 1983.] with all provisions of this title. [Ord. 12-03, 2012; Ord. 98-9, 1998; Ord. 83-1 § 13-01, 1983.] Chapter 8.45 Prohibited Practices 8.50.020 Issuance of stop work order. Sections: If any person, firm or corporation shall construct 8.45.010 Reserved a public sewer, service connection, building 8.45.020 Interference with operation of RVSS sewer, or private sewer in violation of this title or system. construct a storm drain, or storm water facility, in violation of RVSSC Title 5, or violate a storm 8.45.010 Reserved drain capacity purchase agreement, RVSS may issue an order to such person, firm or corporation 8.45.020 Interference with operation of RVSS to stop work in progress which is not then in system. compliance with this title, or RVSS may issue an No unauthorized person shall enter any RVSS order to correct work which has been performed. sewer, manhole, pumping station, sewage lagoon Such person, firm or corporation shall forthwith or appurtenant facility. No person shall mali- take such action as may be necessary to comply ciously, willfully, or negligently break, damage, with such order, with this title, or with RVSSC destroy, deface, or tamper with any structure, Title 5, all at their expense. appurtenance, or equipment which is part of the [Ord. 12-03, 2012; Ord. 07-03 § 3(B), 2007; Ord. RVSS system. 98-9, 1998; Ord. 83-1 § 13-02, 1983.]

No person, other than an authorized employee or 8.50.030 Delinquency. agent of the RVSS, shall operate or change the Monetary Penalties levied in accordance with the operation of any RVSS sewer, pumping station, terms of Section 8.50.050 of this Code shall be a sewage lagoon, outfall structure, or appurtenant debt due to the RVSS. If this debt is not paid facility. within 30 days after it shall be due and payable, it [Ord. 12-03, 2012; Ord. 98-9, 1998; Ord. 83-1 § shall be deemed delinquent and may be recovered 12-02, 1983.] as provided in ORS 450.880. Page | 126

[Ord. 12-03, 2012; Ord. 07-03 § 3(C), 2007; Ord. which to make application for a hearing. 98-9, 1998; Ord. 83-1 § 13-03, 1983.] Such application shall be made in writing, shall attach a copy of the notice 8.50.040 Ownership and occupancy. sent by RVSS, and shall include a Change of ownership or occupancy of premises payment of $100.00. found delinquent shall not be cause for reducing d) In determining the amount of violation, or eliminating these penalties. the following factors shall not be limited [Ord. 12-03, 2012; Ord. 98-9, 1998; Ord. 83-1 § to but shall be considered: 13-04, 1983.] i) The gravity and magnitude of the violation; 8.50.050 Monetary penalties. ii) The offender’s previous record of 1) Any person found to be violating any complying or failing to comply with provision of this Code, shall be served by the the Board’s ordinances or orders; RVSS with written notice stating the nature iii) The offender’s history in taking all of the violation and providing a reasonable feasible steps or in following all time limit for the satisfactory correction procedures necessary or appropriate thereof. The offender shall, within the period to correct the violation; and of time stated in such notice, permanently iv) Such other considerations as the cease all violations. manager or the Board may consider appropriate. 2) Violation of any ordinance lawfully adopted by RVSS is punishable by a civil fine not to In addition to any other penalty provided herein, exceed $2,000 for each violation. Each day the Board of RVSS reserves the right to pursue that a violation continues shall be considered other remedies against alleged violators. a separate violation. Industrial violations, as defined by Chapter 7.35 RVSSC, shall be In the event a hearing is requested (see RVSSC assessed by that chapter. 8.55.020), it shall be before a majority of the a) The actual amount of the civil penalty RVSS Board and in such event, if the Board will depend on all the facts and on any determines that the civil penalty is appropriate, in mitigating and aggravating addition to the penalty, the offending party shall circumstances. Repeated violations are be charged any reasonable attorney’s fees considered to be of such magnitude and incurred by RVSS at the hearing. seriousness that no less than $500.00 for each violation will be imposed when a The amount of a penalty or attorney’s fees can be civil penalty is determined. enforced in the appropriate Jackson County court b) A civil penalty imposed under this by obtaining a judgment in the amount thereof. section shall become due and payable when the offender incurring the penalty 3) The RVSS reserves the right to injunctive receives a notice in writing from RVSS. relief against violation of any of the The notice shall be sent by registered or provisions of this title. certified mail and shall include: [Ord. 12-03, 2012; Ord. 07-03 § 3(C), 2007; Ord. i) A reference to the particular 98-9, 1998; Ord. 83-1 § 13-05, 1983.] ordinance, rule, or order involved; ii) A short and plain statement of the Chapter 8.55 Appeals matter asserted or charged; Sections: iii) A statement of the amount of the 8.55.010 Regional sewer rate committee. penalty or penalties imposed; and 8.55.020 Notice of appeal. iv) A statement of the right to request a hearing. 8.55.010 Regional sewer rate committee. Any user feeling himself aggrieved by any c) The offender shall have 10 days within Page | 127

decision or action of the plant superintendent shall not be less than 10 nor more than 40 days taken pursuant to the industrial discharge sections following such receipt. The action of the Board of this title may appeal to the regional sewer rate upon such appeal shall be conclusive, subject to committee by filing written notice of appeal with appeal in the manner required by law. the chairman of the regional sewer rate [Ord. 12-03, 2012; Ord. 98-9, 1998; Ord. 83-1 § committee with copy to the manager/plant 14-02, 1983.] superintendent within 45 days following such decision or action. Such notice of appeal shall set Chapter 8.60 Severability and Conflict forth in reasonable detail the action or decision Sections: appealed from the appellant’s grounds for 8.60.010 Severability. reversal or modification thereof. Within 20 days 8.60.020 Conflict. following receipt of such notice, the regional sewer rate committee shall set a time for hearing 8.60.010 Severability. upon such appeal which shall not be less than 10 If any provision, paragraph, word, section or nor more than 40 days following such receipt. article of this title is invalidated by any court of The action of the regional sewer rate committee competent jurisdiction, the remaining provisions, upon such appeal shall be conclusive, subject to paragraphs, words, sections and chapters shall not appeal in the manner required by law. be affected and shall continue in full force and [Ord. 12-03, 2012; Ord. 98-9, 1998; Ord. 83-1 § effect. 14-01, 1983.] [Ord. 12-03, 2012; Ord. 98-9, 1998; Ord. 83-1 § 15-01, 1983.] 8.55.020 Notice of appeal. Any person, firm or corporation feeling himself 8.60.020 Conflict. aggrieved by any decision or action of the RVSS, All other ordinances and parts of other ordinances made or taken pursuant to this title, may appeal to inconsistent or conflicting with any part of this the Board by filing written notice of appeal with title are hereby repealed to the extent of such the manager within 45 days following such inconsistency or conflict. decision or action. Such notice of appeal shall set [Ord. 12-03, 2012; Ord. 98-9, 1998; Ord. 83-1 § forth in reasonable detail the action or decision 15-02, 1983.] appealed from and the appellant’s ground for reversal8.45.010 or modifi Prohibitedcation thereo Practicesf. Within 20 days following receipt of such notice, the Board shall set a time for hearing upon such appeal which Page | 128

TITLE 9-RATES AND FEE SCHEDULES

Chapters: 9.05 Service Classification Schedules 9.10 Permits and Service Fees

Page | 129

Chapter 9.05 Service Classification “sewer user” includes the owner of the property. Upon request, the bill may be sent Schedules to the occupant, but the occupant and owner Sections: are jointly and severally liable for all charges. 9.05.010 Sewer service charges. [Ord. 94-3 § 2, 1994.] 9.05.020 Storm water charges. 9.05.025 Storm drain charges. 9.05.025 Storm drain charges. 9.05.030 Service classifications. 1) All properties within a storm drain area 9.05.040 Rate schedules for sanitary sewer and defined in Chapter 5 of this code are subject storm water charges. to stormwater charges as provided by 9.05.050 Minimum charges. resolution of the Board. 9.05.060 Determination of quantities for establishing gallonage rates. 2) Storm drain charges will be based on the area 9.05.070 Temporary service. of the property measured to the nearest 1/10 9.05.080 Uncollectible and delinquent acre. The charges shall be established by accounts. resolution of the Board. 9.05.090 Annual review of rates. a) Primary charge will be assessed based on the total area of developed impervious Code reviser’s note: Ord. 94-3 has been revised surface area of the property. by Ords. 96-4, 96-10, 98-7, 99-3, 99-5, 01-02, b) Secondary charge will be assessed based 02-01, 04-04, 0405, 04-06 and 04-09. on the total area of the property. c) Minimum charge – all properties, 9.05.010 Sewer service charges. regardless of size, shall be charged a All sewer users within Rogue Valley Sewer minimum charge equivalent to a Services (RVSS) shall pay an incurred sewer secondary charge of one acre. service charge to RVSS in accordance with the service classifications and rate schedules 9.05.030 Service classifications. determined by the regional rate committee and 1) Residential. Rate Schedule A, codified in Board of Directors of Rogue Valley Sewer RVSSC 9.05.040, shall apply to each Services as in this chapter established. dwelling with one ownership on one building site, and all dwelling units regardless of their The term sewer user includes the owner of the grouping or number which receive separate property when the property is occupied by billing for sewer service charges. (Excluding another party. Upon request by the owner, the bill special areas covered under Rate Schedule F may be sent to the occupant; but the owner and and Surcharge Schedule G, codified in occupant are jointly and severally liable for all RVSSC 9.05.040). charges. [Ord. 94-3 § 1, 1994.] 2) Mobile Home Parks. Rate Schedule B, codified in RVSSC 9.05.040, shall apply to 9.05.020 Storm water charges. dwelling units situated within any area or 1) All properties in jurisdictions that contract tract of land having a sewer connection and with RVSS to manage storm water quality where sewerage collection pipes are extended under the DEQ National Pollution Discharge to two or more spaces occupied or Elimination Permit (NPDES) for Municipal designated, offered, or made available for Separate Storm Sewers (MS4) are subject to occupancy by mobile homes, travel trailers, stormwater charges as provided by resolution or motor homes. “Mobile homes,” “travel of the Board. trailers,” and “motor homes” are defined as vehicles with or without motive power which 2) Unless an owner installs onsite mitigation are designated, used, or intended for use as a (see Chapter 4.05 RVSSC), the owner shall place of human habitation, or as eating, be responsible for service charges. The term sleeping, or living quarters or any Page | 130

combination thereof, which is at least one- Association, the American Water Works half assembled off-site and is within an area Association, and the Federation of Sewage of other similar structures. A “space” is and Industrial Wastes Associations defined as the individual location having a . sewer hookup for each such structure. Sewer 6) Recreational Vehicle Waste-Dumping service charges for the development will be Station. Rate Schedule E, codified in RVSSC incorporated in one billing and directed to the 9.05.040, shall apply to all non-single-family manager or other person, partnership, or residential establishments that are connected corporation responsible for the management with the sewage collection system and accept and operation of the entire development. liquid waste dumped from holding tanks of recreational vehicles such as travel trailers, 3) Multiple Dwellings. Rate Schedule C, motor homes, and campers, where such codified in RVSSC 9.05.040, shall apply to wastes pass into the RVSS collection system, apartment houses, multiple-family dwellings, regardless of whether the wastes are accepted motels providing permanent and semi- by the operator of the waste-dumping station permanent housing, and all other multiple with or without charge. dwellings not included under other residential classifications. 7) Community Sewage Disposal System. Rate Schedule F, codified in RVSSC 9.05.040, 4) Nonresidential. Rate Schedule D, codified in shall apply to each user connected to any self- RVSSC 9.05.040, shall apply to all contained community sewage disposal establishments not otherwise defined in this system or pump system for which a title and includes hospitals, churches, homeowners’ association is responsible that schools, assisted living centers, and is operated and maintained by Rogue Valley commercial operations. Sewer Services. Charges are to be determined for each service area based on the 5) “Extra strength service” shall be defined as operation, maintenance, and repair service to a user discharging wastes into the requirements of the sewage disposal system sewer facilities containing a total of more operated for the benefit of each service area. than 60 pounds of biochemical oxygen demand (BOD) or total suspended solids 8) Metered Customers. (TSS) in any one day and discharged wastes a) All users of RVSS sanitary sewer having an average strength in excess of 300 services have the right to have a flow- ppm of BOD or TSS. “Biochemical oxygen measuring device installed on their demand” shall mean the quantity of oxygen, effluent line. This allows the user to have expressed in parts per million by weight, direct control over the amount of any utilized in the biochemical oxidation of incurred charges. Such devices must be organic matter under standard laboratory acceptable to RVSS in terms including conditions for five days at a temperature of but not limited to methodology, 20 degrees centigrade. “Total suspended mechanics, and maintenance; and these solids” shall mean solids that either float on devices, their installation, and periodic the surface or are in suspension in water, re-calibration costs shall be paid for sewage, or other liquids and which are entirely by such owners. removable by laboratory filtering in b) These devices will be read and calibrated accordance with procedures set forth in by RVSS on a regular schedule with the Standard Methods. The laboratory user paying for the costs of meter reading determinations shall be made in accordance and calibration established by this title. with the procedures set forth in “Standard Such charge shall be as specified in Methods for the Examination of Water, RVSSC 9.05.040(G). Sewage, and Industrial Wastes,” published c) Once installed, the customer will be jointly by the American Public Health billed based strictly on flow; Rate Page | 131

Schedule G, codified in RVSSC 1) If application for service is made with an 9.05.040, shall apply. expected duration of said service of less than 90 days, standard connection permit 9) Hardship Connections. Rate Schedule “H” procedures and fees will apply together with shall only apply to temporary dwellings the rate schedules provided in this chapter. In approved by virtue of a temporary medical addition, a temporary service fee in the hardship permit. The rate schedule shall amount listed in Schedule A, codified in apply only while the permit is valid.. RVSSC 9.05.040, shall be charged for each [Ord. 94-3 § 3, 1994.] 30-day period or part thereof of such temporary service. 9.05.040 Rate schedules for sanitary sewer and storm water charges. 2) Temporary Suspension. Owners of Rates for the sanitary sewer and stormwater residential property may request a temporary charges shall be set by resolution of the Board, suspension of service billings if the property and reviewed annually. is vacant for more than two months, provided that they: 9.05.050 Minimum charges. a) Request such suspension at least 14 days The minimum charge for each user, regardless of prior to the property becoming vacant; classification, shall be not less than the rate for a b) Provide the exact date of when the single family residence. Any account under any property will be reoccupied; schedule which causes sizable additional expense c) Are current with all fees due to RVSS; to RVSS shall be increased by that amount. and [Ord. 94-3 § 5, 1994.] d) Pay a fee to cover administrative expenses equal to one month’s service 9.05.060 Determination of quantities for charge. [Ord. 94-3 § 7, 1994.] establishing gallonage rates. e) Provide proof that water service is 1) Nonresidential Accounts. The quantity of temporarily discontinued for the same water delivered to the premises is defined as duration. the actual water consumption as metered monthly or metered sewage discharged to 9.05.080 Uncollectible and delinquent main line or estimated discharge to main line accounts. as determined by manager or designee. In the The owner of property served by the public sewer event water consumption metering is not of Rogue Valley Sewer Services shall be feasible, the quantity of water delivered shall responsible for all sewer service charges incurred be estimated by the manager of Rogue Valley therefor. Sewer service charges together with Sewer Services. In the case of churches and unpaid fees and charges levied in accordance hospitals, water delivered is defined as the with this chapter and RVSSC Title 8, as amended, water consumption averaged for the months of Rogue Valley Sewer Services may be collected of December, January and February in accordance with RVSSC 8.50.030. In immediately preceding the 12-month period addition, the manager of Rogue Valley Sewer being billed. In the case of schools, only Services is authorized to make such collections in January and February will be used. B. accordance with ORS 450.880 and 454.225. Effluent Meters: The quantity of effluent water is defined as the average monthly Accounts are due and payable 15 days after being effluent water as metered during a reasonable billed by Rogue Valley Sewer Services. time period as established by the manager. Such rate remains in effect until revised by a The manager is authorized to: subsequent meter reading. 1) Allow individual accounts to be paid on a [Ord. 94-3 § 6, 1994.] monthly basis and receive a monthly bill if it is determined that it is in the best interest of 9.05.070 Temporary service. RVSS to do so. Page | 132

8) To certify all unpaid amounts including fees 2) Send a notice(s) of delinquency to sewer to the Jackson County assessor for collection service users with accounts that are past due. on the tax rolls pursuant to ORS 450.880 and 454.225. 3) Charge a late fee on all accounts that are 10 or more days past due. The fee shall be three 9) Property Owner Responsible. Every owner percent of the amount past due but not less of property within RVSS is responsible for than $3.00. The late fee shall be calculated at payment of charges under this chapter. the end of each billing cycle, and the total RVSS will not recognize any attempt to amount past due, regardless of the number of transfer such responsibility although RVSS billings past due, shall be multiplied by three will, upon written request, bill occupants percent and shall not be less than $3.00. The other than the property owner as a courtesy. account balance used to calculate the late If the property owner does not provide RVSS charge shall not include previous late charges with an address for mailing of bills, RVSS added to the account balance. may use the mailing address for tax statements shown on the records of the 4) Have sewer service discontinued, in county assessor and/or county tax collector. whatever manner is deemed appropriate, to any user who has a sewer service account that 10) Set up a system to automatically receive is 60 or more days past due. The manager sewer service charges through the banking shall notify the county health department system’s automatic clearing house (ACH) before having sewer service discontinued to collection system, with customer’s written any place(s) of residence. Sewer service may permission, following all state and federal be discontinued for nonpayment of storm rules and regulations. drainage charges in accordance with RVSSC 5.15.060, as amended. 11) Work with individual property owners to classify service and bill in a different manner 5) To contract with public water purveyors to if such change is in the best interest of RVSS. have water service discontinued to any sewer [Ord. 94-3 § 8, 1994.] service user, who is also served by the public water purveyor, having an account that is 60 9.05.090 Annual review of rates. or more days past due. Unless otherwise decided by the Rogue Valley Sewer Services Board of Directors, sewer service 6) To charge a reconnection fee of up to $640.00 rates shall be reviewed annually and revisions before allowing sewer service to be made thereto to ensure continued equitability and recommenced to any property disconnected generation of sufficient revenue. Rates may be from sewer service as a result of nonpayment adjusted by resolution. RVSS Code reviser’s of past due sewer service charges. The note: Ord. 91-12 has been revised by Ords. 92-9, amount of the reconnection charge shall be 96-5, 96-9, 98-3, 99-04 and 99-05. equal to the actual cost of disconnecting and reconnecting the sewer service. Sewer service will not be recommenced to any property until the reconnection fee is paid Chapter 9.10 Permits and Service Fees along with the delinquent sewer service fees Sections: and any late charges owing. 9.10.010 Definitions. 9.10.020 Permit. 7) To have legal action commenced to recover 9.10.030 Inspection. unpaid sewer service amounts and all costs 9.10.040 Permit and inspection fees. incurred to disconnect sewer service on any 9.10.050 Service connection and tap account that is 60 or more days past due. construction fees.

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9.10.060 Fees for maps and other services. No person shall connect a structure requiring 9.10.070 Fees for plans and specifications. sewer service to a public sewer of the Rogue 9.10.080 Fees for excessive maintenance Valley Sewer Services without obtaining a permit from RVSS, unless: 9.10.010 Definitions. 1) The property is within the City of Medford As used in this chapter, unless the context and there is a sewer lateral extended to the requires otherwise: property. In this case the permit to connect 1) “Facsimile signature” may be allowed for will be issued by the City of Medford. permits, agreements or other documents. When practical the original signature or a 2) The new structure is a manufactured home statement by the individual allowing the use and there is a sewer lateral extended to the of his or her facsimile signature should be property. In this case the connection will be obtained. Permits may be signed by one covered by the Manufactured Home Setup owner of the property or a licensed Permit. contractor. 3) The new structure is connected by extending 2) “Person” shall mean any individual, the building drain from an existing building. partnership, joint venture, corporation or unit of local, state, or federal government or any 4) The new structure is connected to an internal agency thereof. private sewer system, i.e. within a mobile home park. 3) “Pressure systems” shall mean a method of providing sanitary sewer service which is not Connections that do not require a permit from a fully gravity system requiring the use of RVSS are still required to pay appropriate mechanical pumps, and which is not a STEP connection fees. or STEG system. 9.10.030 Inspection. 4) “Service connection” shall mean a public All building sewers that require a permit from sewer which has been constructed to the RVSS shall pay to an inspection fee. approximate property line or right-of-way line from a public sewer for the sole purpose 9.10.040 Permit and inspection fees. of providing a connection from a building to It is the policy of RVSS to charge the actual cost the sanitary sewer of providing service to its customers. The amounts established by resolution are minimum 5) “STEP and STEG systems” shall have the charges and shall be collected whenever possible meanings as defined by Chapter 6.25 prior to performing the service. As needed, RVSSC. additional fees shall be collected in order to cover the actual cost plus 10 percent if these established 6) “Storm water permits” shall mean the RVSS fees do not adequately cover all costs. construction permit or NPDES 1200-C [Ord. 91-12 § 3, 1991.] permit which are issued on behalf of the Oregon Department of Environmental The permit and inspection fees shall be adopted Quality, DEQ. by resolution of the Board and reviewed annually.

7) “Tap” shall mean the preparation and 9.10.045 Connection without a permit installation of a service connection to the prohibited, penalty public sewer pipe. Unless acceptable arrangements are made in [Ord. 10-03, 2010; Ord. 08-03 § 1, 2008; Ord. 91- advance with RVSS, if installation of a service 12 § 1, 1991.] lateral is commenced prior to the issuance of such permit, the owner will be required to pay all fees 9.10.020 Permit. and charges together with any penalties or Page | 134 additional charges as set forth herein below. 1) First offense: Service line permit fee is doubled;

2) Second offense: $1,000 or 20 percent of all fees and assessments, whichever is greater.

3) Third offense: $3,000 or 50 percent of all fees and assessments, whichever is greater.

4) Fourth and future offenses: $5,000 or double the total amount of all fees and assessments, whichever is greater.

Notwithstanding an applicant’s history of unpermitted installations, an unpermitted installation greater than two years since the last unpermitted installation shall be treated as a first offense.

9.10.050 Service connection and tap construction fees. If the service connection requires a new tap into a sewer mainline, an additional tap fee will be charged.

9.10.060 Fees for maps and other services. Fees for maps and other services shall be established by a resolution of the Board.

9.10.070 Fees plans and specifications The fee to obtain RVSS’s model engineering plans and specifications and construction contract plans and specifications shall be established by resolution of the Board.

9.10.080 Fees for Excessive Maintenance Project developers who construct high maintenance public facilities when no maintenance options are available shall pay a maintenance fee equivalent to the projected operation and maintenance costs over 20 years. This applies to developers who choose to construct sewer pump stations when gravity options are available; or stormwater quality structures when non-structural options are available; or similar types of development. the amount of the fee shall be established by resolution.