Jackson Municipal Code Ch. 13.20 Regulations, Connections and Connection Fees

Note: Prior ordinance history: Ord. Nos. 495, 490, 485, 462, 436, 421, 411, 388, 379, 374, 371, 334, 304, 260, 236, 210, and 198.

Unless the context specifically indicates otherwise, the meaning of terms used in this chapter shall be as set forth in this section:

"Backfill"

means replacement of earth material removed from any trench or excavation, and replacement of any and all road materials removed in order to lay sewer pipes or connections.

"Cesspool"

means a tank, box or sump used for receipt of crude sewage, containing no provision for the purification, clarification or disposal of the sewage, or which discharges such sewage upon the open ground.

"City"

means the City of Jackson, County of Amador, State of California.

"Council"

means the city council.

"Engineer"

means the city's engineer or person duly appointed to act in this capacity.

"Garbage"

means solid waste from the preparation, cooking and dispensing of food, and from the handling, storage and sale of produce.

"Health officer"

means the Amador County public health officer or his/her duly appointed representative.

"Industrial waste"

means the liquid wastes from industrial processes as distinct from sanitary sewage.

"Natural outlet"

means any outlet into a watercourse, pond, ditch, lake, or other body of surface water or groundwater.

"Outside user"

means any person responsible for payment of sewer service fees for premises served outside the city limits.

"Properly shredded garbage"

means the wastes from the preparation, cooking and dispensing of food that have been shredded to such degree that all particles will be carried freely under the flow conditions normally prevailing in public sewers, with no particle greater than one-half inch in any dimension.

"Public sewer"

means a sewer designed to accommodate more than one service sewer and which is accepted and maintained by the city or other public authority.

"Sanitary sewer"

means a sewer which carries sewage or industrial waste and to which stormwaters, surface waters and groundwaters are not intentionally admitted.

"Septic tank system"

means a system of reservoirs or tanks which receive crude sewage and, by septic bacterial action, effect decomposition and settlement of settable solids and diversion of the septic liquid for clarification and purification which takes place by further bacterial action in percolation ducts extending into natural or prepared porous subsoil beds.

"Service lateral"

means a privately owned, operated, and maintained sewer line connecting a building or private facility to the city's main sewer. The lateral includes that portion of the line located within the public right-of-way.

"Sewage"

means any waste discharging in the city sewage system and which contains human or animal excreta.

"Sewer"

means a pipe or conduit for carrying sewage.

"Sewer main"

means a public sewer designated to accommodate more than one lateral sewer, in which all owners of abutting properties have equal rights and is controlled by the city.

"Shall"

is mandatory; "may" is permissive.

"Slug"

means any discharge of water, sewage or industrial waste which, in concentration of any given constituent or in quantity of flow, exceeds for any period of duration longer than fifteen minutes more than five times the average twenty-four-hour concentration or flows during normal operation.

"Storm sewer" or "storm drain"

means a conduit which carries stormwaters and surface waters and drainage, but is intended to exclude sewage and polluted industrial wastes.

"Street"

means any public highway, road, street, avenue, alley, way, easement, or right-of-way.

"Wastewater treatment plant"

means any arrangement of devices and structures used for treating sewage.

"Watercourse"

means a channel in which a flow of water occurs, either continuously or intermittently.

(Ord. 334, 1973; Ord. 548 §1, 1992; Ord. 698 §§2, 3, 2017; Ord. 699 §§2, 3, 2017)

It is unlawful for any person to place, deposit, or permit to be deposited in an unsanitary manner upon public or private property within the city, or in any area under the jurisdiction of said city, any human or animal excrement, garbage, or other objectionable waste.

(Ord. 334, 1973; Ord. 548 §1, 1992)

It is unlawful to discharge to any natural outlet within the city, or in any area under the jurisdiction of the city, or any sanitary sewer, industrial wastes, or other polluted waters, except where suitable treatment has first been provided in accordance with subsequent provisions of this chapter.

(Ord. 334, 1973; Ord. 548 §1, 1992)

Except as provided in this chapter, it is unlawful to construct or maintain any privy, privy vault, septic tank, cesspool, or other facility intended or used for the disposal of sewage except pursuant to permit issued there-for which may be issued by the city only at locations permitted by city zoning regulations.

(Ord. 334, 1973; Ord. 548 §1, 1992)

The owner of all houses, buildings, or properties used for human occupancy, employment, recreation or other purpose, situated within the city is required at his or her expense to install suitable toilet facilities therein, and to construct any required sewer extension and to connect such facilities directly with the proper public sewer in accordance with the provisions of this chapter.

(Ord. 334, 1973; Ord. 548 §1, 1992)

No unauthorized person shall uncover, make any connections with or opening into, use, alter or disturb any public sewer, service sewer or appurtenance thereof without first obtaining a permit for same from the city.

(Ord. 334, 1973; Ord. 548 §1, 1992)

No sewer or service shall be constructed or any excavation made within the right-of-way of any street within the city until after a permit has been issued therefor by the superintendent as provided in this chapter. All work within dedicated public rights-of-way, or rights-of-way by prescriptive rights, is under the control of the city, Amador County, or the State Department of Transportation. The contractor actually doing the work must obtain all necessary encroachment permits from the city, county or the State Department of Transportation, and pay all fees required by the city, county, or the state.

(Ord. 334, 1973; Ord. 548 §1, 1992)

A. There shall be three classes of service sewer permits:

1. For single-family residential service;

2. For service to commercial establishments; and

3. For service to establishments producing industrial wastes.

B. In each case, the owner or his/her agent shall apply to the city on a special form furnished by the city. The permit application shall be supplemented by plans, specifications or other information considered by the authorized city official to be pertinent. Facility participation (connection) charges as adopted by the city shall be paid at the time of obtaining a permit.

(Ord. 334, 1973; Ord. 548 §1, 1992)

Construction of sanitary sewer mains or sewer service laterals and related facilities in streets, public rights-of-way, or easements, shall be by persons holding a valid contractor's license issued by the state, authorizing the holder thereof to perform the work of constructing sewage systems and laying the pipes therefor.

(Ord. 334, 1973; Ord. 548 §1, 1992)

All costs incidental to the installation and connection of sewer laterals and main extensions, on-site or off-site shall be borne by the owner. The owner shall indemnify the city from any loss of damage that may directly or indirectly be occasioned by the installation of sewer facilities.

(Ord. 334, 1973; Ord. 548 §1, 1992)

All persons performing work under this chapter shall be responsible for any and all acts of their agents or employees in connection with said work. Upon being notified in writing by the city of any defect arising therefrom in any sewer or violations of the provisions of this chapter, the person or persons responsible for such work shall immediately correct such defect or violation.

(Ord. 334, 1973; Ord. 548 §1, 1992)

A separate and independent sewer service lateral shall be provided for each separate building or structure.

(Ord. 334, 1973; Ord. 548 §1, 1992)

The city may at any time issue a notice upon finding that a backflow hazard exists. The owner shall, at his or her expense, within ninety days from the date of issuance, install an approved backflow prevention device on the sewer service lateral, in such a manner as to correct the backflow hazard. All backflow prevention device installations shall be subject to city inspection. The property owner shall be responsible for testing backflow prevention devices and equipment, and for maintaining backflow prevention devices and equipment in working order at all times.

(Ord. 334, 1973; Ord. 548 §1, 1992)

Technical specifications and minimum standards for construction of sanitary sewer facilities shall be provided as adopted by resolution of the city council and amended from time to time.

(Ord. 334, 1973; Ord. 548 §1, 1992)

In all cases where the rim of the manhole or rodding inlet upstream from the service sewer connection is less than one foot below the finished floor level of the lowest floor having any plumbing fixtures, the property owner shall, at his or her expense, install an approved backflow prevention device. Maintenance and testing of the backflow prevention device or devices shall be the responsibility of the property owner. The property owner shall maintain all such backflow prevention devices and equipment in good working condition at all times.

(Ord. 334, 1973; Ord. 548 §1, 1992)

In all buildings in which any building drain is too low to permit gravity flow to the public sewer, sanitary sewage may be lifted by approved artificial means and discharged to the building sewer. Where installed, such installations shall be maintained by the owner at his or her expense.

(Ord. 334, 1973; Ord. 548 §1, 1992)

All privately owned service laterals and private sewage disposal systems and appurtenances from all points of the property to the sewer main shall be maintained by the property owner or owners in a safe and proper operating condition; and all devices or safeguards which are required by this chapter for the operation there-of shall be maintained in good working order. In the event that more than one property is served by the same service lateral, all owners served by that lateral shall be severally and jointly responsible for its maintenance.

A. To determine compliance with this chapter the city may require any plumbing system, new or existing, to be reinspected.

B. The city may require a property owner to submit to the city a video of the private lateral and appurtenances. If the city determines that the private lateral or any portion thereof, has become unsanitary or a threat to health or property, the city shall order in writing that plumbing be removed or placed in a safe and sanitary condition. Any such order shall fix a reasonable time limit for compliance. No person shall use or maintain defective plumbing after receiving such notice.

(Ord. 698 §4, 2017; Ord. 699 §4, 2017)

It is unlawful to discharge any waters or wastes containing toxic or poisonous solids, liquids or gases in sufficient quantity, either singly or by interaction with other wastes, to injure or interfere with any sewage treatment process which constitutes a hazard to humans or animals, creates a public nuisance, or creates any hazard in the receiving waters of the sewage treatment plant, including, but not limited to, cyanides in excess of two mg/l as CN in the wastes as discharged to the public sewer.

(Ord. 334, 1973; Ord. 548 §1, 1992)

Stormwater or pavement washwater shall not be introduced into the sanitary sewer system. Connection of roof drains or surface water drains is prohibited. Any person, firm, or corporation having a roof or surface drain now connected shall disconnect the same within thirty days of the date of the ordinance codified in this chapter. The resultant opening left in the sanitary sewer shall be closed by city maintenance personnel.

(Ord. 334, 1973; Ord. 548 §1, 1992)

A. No person shall discharge or cause to be discharged the following described substances, materials, waters or wastes if it appears likely in the opinion of the city that such wastes can harm either the sewers, sewage treatment process or equipment; have an adverse effect on the treatment plant; or can otherwise endanger life, limb, public property, or constitute a nuisance. In forming such opinion as to the acceptability of these wastes, the city will give consideration to such factors as the quantities of subject wastes in relation to flows and velocities in the sewers, materials of construction of the sewers, nature of the sewage treatment process, capacity of the sewage treatment plant, degree of treatability of wastes in the sewage treatment plant, and other pertinent factors. The substances prohibited are:

1. Any liquid or vapor having a temperature higher than one hundred fifty degrees Fahrenheit;

2. Any waters or wastes containing fats, wax, grease or oils, whether emulsified or not, in excess of one hundred mg/l or containing substances which may solidify or become viscous at temperatures between thirty-two and one hundred fifty degrees Fahrenheit;

3. Any garbage that has not been properly shredded. The installation and operation of any garbage grinder equipped with a motor of three-fourths' horsepower or greater shall be subject to the review and approval of the superintendent;

4. Any waters containing synthetic detergents in sufficient quantity to injure or interfere with any sewage treatment process or create problems in the receiving waters of the sewage plant;

5. Any waters or wastes containing suspended solids of such character and quantity that unusual attention or expense is required to handle such materials at the sewage treatment plant;

6. Any noxious or malodorous gas or substance capable of creating a public nuisance;

7. Any waters or wastes containing strong acid ironpickling wastes, or concentrated plating solutions, whether neutralized or not;

8. Any waters or wastes containing iron, chromium, copper, zinc, and similar objectionable or toxic substances; or wastes exerting an excessive chlorine requirement, to such degree that any such material received in the composite sewage at the sewage treatment works exceeds the limits established for such materials;

9. Any waters or wastes containing phenols or other taste or odor producing substances in such concentrations exceeding limits which may be established by the engineer as necessary, after treatment of the composite sewage, to meet the requirements of the state, federal, or other public agencies of jurisdiction for such discharges to the receiving waters;

10. Any radioactive wastes or isotopes of such half-life or concentration as may exceed limits established by the engineer in compliance with applicable state or federal regulations;

11. Any waters or wastes having pH in excess of 9.5;

12. Materials which exert or cause:

a. Unusual concentrations of inert suspended solids (such as, but not limited to, fuller's earth, lime slurries and lime residues) or of dissolved solids (such as, but not limited to, sodium chloride and sodium sulfate),

b. Excessive discoloration (such as, but not limited to, dye wastes and vegetable tanning solutions),

c. Unusual BOD, chemical oxygen demand, or chlorine requirements in such quantities as to constitute a significant load on the sewage treatment works,

d. Unusual volume of flow or concentration of wastes constituting "slugs" as defined in Section 13.20.010;

13. Waters or wastes containing substances which are not amenable to treatment or reduction by the sewage treatment processes employed, or are amenable to treatment only to such degree that the sewage treatment plant effluent cannot meet the requirements of other agencies having jurisdiction over discharge to the receiving waters.

B. If any waters or wastes are discharged, or are proposed to be discharged to the public sewers, which waters contain the substances or possess the characteristics enumerated in subsection A of this section, and which, in the judgment of the engineer, may have a deleterious effect upon the sewage works, processes, equipment, or receiving waters, or which otherwise create a hazard to life or constitute a public nuisance, the city shall:

1. Reject the waste; or

2. Require pretreatment to an acceptable condition for discharge to the public sewers; and

3. Require control over the quantities and rates of discharge; and/or

4. Require payment to cover the added cost of handling and treating the wastes not covered by existing taxes or sewer charges under the provisions of this chapter.

C. If the city permits the pretreatment of the equalization of waste flows, the design and installation of the plants and equipment shall be subject to the review and approval of the city engineer and subject to the requirements of all applicable codes, ordinances and laws.

(Ord. 334, 1973; Ord. 548 §1, 1992)

A. Grease, oil and sand interceptors shall be provided when, in the opinion of the city, they are necessary for the proper handling of liquid wastes containing grease in excessive amounts, or any flammable wastes, sand and other harmful ingredients, except that such interceptors shall not be required for private living quarters or dwelling units. All interceptors shall be of a type and capacity approved by the city, and shall be located so as to be readily and easily accessible for cleaning and inspection.

B. Grease and oil interceptors shall be constructed of impervious materials capable of withstanding abrupt and extreme changes in temperature. They shall be of substantial construction, watertight, and equipped with easily removable covers which when bolted in place shall be gastight and watertight.

(Ord. 334, 1973; Ord. 548 §1, 1992)

Where installed, all grease, oil and sand interceptors shall be maintained by the owner, at his or her expense, in continuously efficient operation at all times.

(Ord. 334, 1973; Ord. 548 §1, 1992)

All swimming or wading pools over two thousand gallons in capacity with drain connection to the public sewers shall be provided with a recirculation system equipped with an approved filter. Where storm sewers or storm drains are available, discharge to the sanitary sewers shall be prohibited. Where discharge of swimming pool waters to public sewers is authorized, the following special conditions shall apply:

A. The maximum size of discharge pipe from pool to sump shall be limited to one and one-half inches, with a control valve provided for possible future regulation in the event the sanitary sewer capacity is exceeded.

B. Disconnection from sanitary sewer by the owner shall be mandatory if the sanitary sewer capacity becomes inadequate for both sanitary flows and swimming pool drainage waters.

C. An approved sand interceptor shall be provided for filter backwash and pool drainage waters.

D. Drainage of swimming pool waters to public sewers shall be limited to the hours between nine p.m. and seven a.m.

(Ord. 334, 1973; Ord. 548 §1, 1992)

Where preliminary treatment or flow-equalizing facilities are provided for any waters or wastes, they shall be maintained continuously in satisfactory and effective operation by the owner at his or her expense.

(Ord. 334, 1973; Ord. 548 §1, 1992)

When required by the city, the owner of any property serviced by a building sewer carrying industrial wastes shall install a suitable control manhole, together with such necessary meters and other appurtenances in the building sewer to facilitate observation, sampling and measurement of the wastes. Such manhole, when required, shall be accessibly and safely located, and shall be constructed in accordance with plans approved by the engineer. The manhole shall be installed by the owner at his or her expense, and shall be maintained by him or her so as to be safe and accessible at all times.

(Ord. 334, 1973; Ord. 548 §1, 1992)

No statement contained in this chapter shall be construed as preventing any special agreement or arrangement between the city and any industrial concern whereby an industrial waste of unusual strength or character may be accepted by the city for treatment, subject to payment therefor by the industrial concern.

(Ord. 334, 1973; Ord. 548 §1, 1992)

Sewer service may be provided to users outside the corporate limits of the city only when there is sufficient capacity to serve those users and when such outside users are legally unable to annex to the city, in which case such users shall first have made or entered a binding annexation agreement with the city, agreeing to annex to the city upon such becoming legally possible. This section shall not preclude the city from contracting to receive and treat sewage for another public agency when found by the city council to be in the interest of public health and welfare. Outside users shall be subject to all rules and regulations of the city applicable to sewer service and related construction. Outside users shall make application for service and shall have first received approval thereof by the city prior to any connection to the city sewerage system.

(Ord. 334, 1973; Ord. 548 §1, 1992)

In the event that it develops, by reason of increased flow, change in character of discharge, or changes of any cause whatsoever, that the flow becomes adverse to the city's interest or that capacity in the sewage works is no longer available for outside users, such users may be disconnected ninety days after notice is given in writing that service is to be terminated.

(Ord. 334, 1973; Ord. 548 §1, 1992)

A. All persons who intend to engage in any of the work covered by this chapter may first be required to execute a corporate surety bond made payable to the city, conditioned upon the faithful performance of the terms and conditions of this chapter, which bond, if required, shall be filed with the city clerk. The amount of the surety bonds, when required, shall be related to the engineer's estimate of the cost of the improvement or work proposed. A cash bond may be deposited in lieu of the corporate surety bond.

B. The city or its representatives shall not be answerable or accountable in any manner for any loss or damage that may happen to the work or any part thereof; or for any of the materials or other things used or employed in performing the works; or the injury to any person or persons, either workmen or the public; or for damage to property from any cause which might have been prevented by the contractor, or his/her workmen, or anyone employed by him or her; against all of the injuries or damages to persons and property the contractor having control over such work must properly guard. The contractor shall be responsible for any liability imposed by law for any damage to any person or property resulting from defects or obstructions or from any cause whatsoever during the progress of the work or at any time before its completion and final acceptance, and shall indemnify and save harmless the city and its representatives from all suits or actions of every name and description, brought for or on account of any injuries or damages received or sustained by any person or persons by or from the contractor, his or her servants or agents, in the construction of the work, or by or in consequence of any negligence in guarding the same, in improper materials used in its construction, or by or on account of any act or omission by the contractor or his/her agents, and in addition to any remedy authorized by law, so much of the money due the contractor under and by virtue of the contract as shall be considered necessary by the city may be retained by the city until disposition has been made of such suits or claims for damages as aforesaid.

(Ord. 334, 1973; Ord. 548 §1, 1992)

All persons who intend to engage in any of the work covered by this chapter shall furnish the city with a certificate or certificates substantiating the insurance coverage as follows:

A. Public liability insurance shall be in the amount of not less than two hundred thousand dollars for one person injured in one accident, and not less than four hundred thousand dollars for more than one person injured in one accident, to protect the contractor against loss from liability imposed by law for damages on account of bodily injuries, including death resulting therefrom accidentally suffered or alleged to have been suffered by any person or persons not employed by the contractor, that may have been caused directly or indirectly by the performance of the contract.

B. Property damage insurance shall be in the amount of not less than fifty thousand dollars for any one accident, to protect the contractor against loss from liability imposed by law for damages on account of injuries to or destruction of property, including the loss of use thereof, resulting from any act of commission or omission by the contractor, or otherwise resulting directly or indirectly from the contractor's operation in the performance of the contract.

C. The public liability and property damage insurance shall also name the city as an insured and shall directly protect the city as well as the contractor and his or her subcontractors, and shall assume the defense of the city, its officers, employees and agents, including the engineer, from all suits, actions, damages or claims of every type and description to which they may be subjected or put by reason of or resulting from the contractor's operations in the performance of the contract, and all insurance policies shall so state.

D. If the contractor fails to maintain such insurance, the city may take out insurance to cover damages of the above-mentioned classes for which the city might be held liable on account of the contractor failing to pay such damages, and deduct and retain the amount of the premiums for such insurance from any sums due the contractor under the contract. The contractor shall carry full workmen's compensation insurance coverage either through the State Compensation Insurance Fund or a standard approved policy obtained from a licensed carrier, for all persons employed, either directly or through subcontractors, in carrying out the work under this contract, in accordance with the Workmen's Compensation and Insurance Act, Division IV of the Labor Code of the State of California and any acts amendatory thereof.

E. If the contractor fails to maintain such insurance the city may take out insurance to cover any compensation which the city might be liable to pay under the provisions of said Act as amended by reason of an employee of the contractor being injured or killed while engaged in the work covered by this contract, and deduct and retain the amount of the premiums for such insurance from any sums due the contractor under this contract.

(Ord. 334, 1973; Ord. 548 §1, 1992)

A. The duly authorized employees of the city, having proper credentials and identification, shall be permitted to enter upon all properties for the purpose of inspections, observation, measurement, sampling and testing in accordance with the provisions of this chapter. The superintendent or his/her representatives shall have no authority to inquire into any processes, including metallurgical, chemical, oil, refining, ceramic, paper or other industries, beyond that point having a direct bearing on the kind and source of discharge to the sewers or waterways or facilities for waste treatment.

B. The duly authorized employees of the city bearing proper credentials and identification shall be permitted to enter all private properties through which the city holds a duly negotiated easement for the purposes of, but not limited to, inspection, observation, measurement, sampling repair and maintenance of any portion of the sewage works lying within such easement. All entry and subsequent work, if any, on the easement shall be done in full accordance with the terms of property involved.

(Ord. 334, 1973; Ord. 548 §1, 1992)

A. There are enacted the following facility participation charges for new connections to the city sewerage system. The purpose of such charges is to establish a capital fund from such proceeds, as the new users' share of the existing system cost, to be the replacement cost of capacity consumed, and which charges may be amended from time to time by city council resolution.

B. All connection charges, both residential and commercial new construction, will be based upon individual building permits. Any modifications or addition to an existing building, or change in the use of a building, which would increase the expected sewage output from the building, will be considered as new construction, for the purposes of determining connection fees. However, if a developer proposes to phase construction and submits building plans showing such unit phasing, he or she may prepay the connection charge based upon full development at the time of his or her first unit submittal and thereby possibly avail him or herself of lesser connection charges per unit.

C. Should connection to the city sewer system require connection to be made by city forces, the cost thereof shall be not less than 1.50 times actual city cost.

D. Should connection to the city sewer system require extension, replacement or enlarging of existing off-site trunk or main sewers to serve a new development or annexation to the city, an agreement for reimbursement of portions of the cost thereof may be entered into between the city and the sewer service applicant. Such an agreement may contain an "area of benefit" provision prescribing limits and terms of any such reimbursement to the applicant.

(Ord. 334, 1973; Ord. 548 §1, 1992)

The city's sewer design and construction specifications shall define a maximum allowable infiltration/exfiltration rate for new sewers.

(Ord. 334, 1973; Ord. 548 §1, 1992)

A. Any person found to be violating any provision of this chapter except Section 13.20.280 shall be served by the city with written notice stating the nature of the violation and providing a reasonable time limit for the satisfactory correction thereof. The offender shall, within the period of time stated in such notice, permanently cease all violations.

B. Any person who shall continue any violation beyond the time limit provided for in subsection A of this section shall be guilty of a misdemeanor, and upon conviction thereof shall be fined an amount not exceeding two hundred fifty dollars, or be imprisoned for not more than ninety days in the county jail, or penalized by both said fine and imprisonment for each violation. Each day in which any such violation shall continue shall be deemed a separate offense.

C. Any person violating any of the provisions of this chapter shall become liable to the city for any expense, loss, or damage occasioned the city by reason of such violation.

(Ord. 334, 1973; Ord. 548 §1, 1992)