13.10 — SEWER RATES AND REGULATIONS

"Act" or "the Act" means the Federal Water Pollution Control Act, also known as the Clean Water Act, as amended, 33 USC 1251 et seq.

"Applicant" means an owner of property who applies for sanitary sewer service to such property (hereinafter referred to as "sewer").

Authorized Representative of the Industrial User.

• (1)

If the industrial user is a corporation, "authorized representative" shall mean:

• (a) The president, secretary, treasurer, or a vice-president of the corporation in charge of a principal business function, or any other person who performs similar policy or decision-making functions for the corporation.

• (b) The manager of one or more manufacturing, production, or operation facilities provided the manager is authorized to make management decisions that govern the operation of the regulated facility including having the explicit or implicit duty of making major capital investment recommendations, and initiate and direct other comprehensive measures to assure long-term environmental compliance with environmental laws and regulations; can ensure that the necessary systems are established or actions taken to gather complete and accurate information for individual wastewater discharge permit or general permit requirements; and where authority to sign documents has been assigned or delegated to the manager in accordance with corporate procedures.

• (2) If the industrial user is a partnership, or sole proprietorship, an authorized representative shall mean a general partner or proprietor, respectively.

• (3) If the industrial user is a Federal, State or local governmental facility, an authorized representative shall mean a director or highest official appointed or designated to oversee the operation and performance of the activities of the government facility.

• (4) The individuals described in subsections (1) through (3) of this definition may designate another authorized representative if the authorization is in writing, the authorization specifies the individual or position responsible for the overall operation of the facility from which the discharge originates or having overall responsibility for environmental matters for the company, and the written authorization is submitted to the City.

"Best management practices (BMPs)" means schedules of activities, prohibitions of practices, maintenance procedures, and other management practices to implement the prohibitions listed in RDMC § 13.10.410 through § 13.10.421. BMPs also include treatment requirements, operating procedures, and practices to control plant site runoff, spillage or leaks, sludge or waste disposal, or drainage from raw materials storage.

"Biochemical oxygen demand (BOD)" means the quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory procedure, five-day 20 degree centigrade expressed in terms of mass and concentration milligrams per liter (mg/l).

"Building" means any structure inhabited or used by human beings.

"Building sewer or lateral" means a sewer conveying wastewater from the premises of a user to the POTW.

"Categorical pretreatment standard" or "categorical standard" means any regulation containing pollutant discharge limits promulgated by the U.S. EPA in accordance with Sections 307(b) and (c) of the Act (33 USC 1317) which apply to a specific category of industrial users and which appear in 40 CFR, Chapter I, Subchapter N, Parts 405 – 471.

"City" means the City of Rio Dell, California, or the City Council of Rio Dell.

"City Manager" or "Manager" means the person designated by the City to manage the operation of the POTW, and who is charged with certain duties and responsibilities by this chapter, or his duly authorized representative.

"City of Rio Dell sanitary sewer system" means the sanitary sewer system owned by the City of Rio Dell.

"Color" means the optical density at the visual wave length of maximum absorption, relative to distilled water. One hundred percent transmittance is equivalent to zero optical density.

"Composite sample" means the sample resulting from the combination of individual wastewater samples taken at selected intervals based on an increment of either flow or time.

"Consumer" means any person to whom the City supplies sewer service under a contract, either expressed or implied, to make payment therefor.

"Cost" means labor, material, transportation, expense, supervision, engineering and other necessary overhead expense.

"Council" means City Council or the City Manager acting under authority of the City Council.

"Department" means the Sewer Department of the City.

"Domestic wastewater" means wastewater derived principally from dwellings, business buildings, institutions and the like.

"Environmental Protection Agency (EPA)" means the U.S. Environmental Protection Agency or, where appropriate, the term may also be used as a designation for the regional water quality control board or other duly authorized official of said agency.

"Existing source" means any source of discharge, the construction or operation of which commenced prior to the publication of proposed categorical pretreatment standards which will be applicable to such source if the standard is thereafter promulgated in accordance with Section 307 of the Act.

"Extension" means sewer main extension, or system of collection lateral.

"Grab sample" means a sample which is taken from a waste stream on a one-time basis without regard to the flow in the waste stream and without consideration of time.

"Grease hauler" means a person, firm or business that collects the contents of a grease interceptor and transports it.

"Grease interceptor" means a plumbing appurtenance or appliance that intercepts fats, oil and grease from a wastewater discharge.

"Indirect discharge" or "discharge" means the introduction of pollutants into the POTW from any nondomestic source.

"Industrial user" or "user" means any person who discharges or causes or permits the discharge of nondomestic wastewater into the POTW.

"Instantaneous maximum allowable discharge limit" means the maximum concentration (or loading) of a pollutant allowed to be discharged at any time, determined from the analysis of any discrete or composited sample collected, independent of the industrial flow rate and the duration of the sampling event.

"Interference" means a discharge which alone or in conjunction with a discharge or discharges from other sources: inhibits or disrupts the POTW, its treatment processes, or operations or its sludge processes, use, or disposal; and therefore is a cause of a violation of the City's NPDES permit or of the prevention of sewage sludge use or disposal in compliance with any of the following statutory/regulatory provisions or permits issued thereunder (or more stringent State or local regulations): Section 405 of the Clean Water Act; the Solid Waste Disposal Act (SWDA), including Title II commonly referred to as the Resource Conservation and Recovery Act (RCRA); any State regulations contained in any State sludge management plan prepared pursuant to Subtitle D of the SWDA; the Clean Air Act; the Toxic Substances Control Act; and the Marine Protection, Research and Sanctuaries Act.

"Legal or equitable owner" means any owner of record, mortgagee, trustee or contract purchaser of real property.

"Main" means a sewer main in the sewer collection system of the City without regard to sizing.

"Medical waste" means isolation wastes, infectious agents, human blood and blood byproducts, pathological wastes, sharps, body parts, fomites, etiologic agents, contaminated bedding, surgical wastes, potentially contaminated laboratory wastes and dialysis wastes.

New Source.

• (1) Any building, structure, facility, or installation from which there is (or may be) a discharge of pollutants, the construction of which commenced after the publication of proposed pretreatment standards under Section 307(c) of the Act that will be applicable to such source if such standards are thereafter promulgated in accordance with that section; provided, that:

  • (a) The building, structure, facility, or installation is constructed at a site at which no other source is located; or

  • (b) The building, structure, facility, or installation totally replaces the process or production equipment that causes the discharge of pollutants at an existing source; or

  • (c) The production or wastewater generating processes of the building, structure, facility, or installation are substantially independent of an existing source at the same site. In determining whether these are substantially independent, factors such as the extent to which the new facility is integrated with the existing plant, and the extent to which the new facility is engaged in the same general type of activity as the existing source, should be considered.

• (2) Construction on a site at which an existing source is located results in a modification rather than a new source if the construction does not create a new building, structure, facility, or installation meeting the criteria of subsection (1)(b) or (c) of this definition but otherwise alters, replaces, or adds to existing process or production equipment.

• (3) Construction of a new source as defined in this section has commenced if the owner or operator has:

  • (a) Begun, or caused to begin, as part of a continuous on-site construction program (i) any placement, assembly, or installation of facilities or equipment; or (ii) significant site preparation work including clearing, excavation, or removal of existing buildings, structures, or facilities which is necessary for the placement, assembly, or installation of new source facilities or equipment; or

  • (b) Entered into a binding contractual obligation for the purchase of facilities or equipment which are intended to be used in its operation within a reasonable time. Options to purchase or contracts which can be terminated or modified without substantial loss, and contracts for feasibility, engineering, and design studies do not constitute a contractual obligation under this subsection (3)(b).

"Noncontact cooling water" means water used for cooling which does not come into direct contact with any raw material, intermediate product, waste product, or finished product.

"Nuisance" means anything which is injurious to health or is indecent or offensive to the senses or an obstruction to the free use of property so as to interfere with the comfort or enjoyment of life or property or which affects at the same time an entire community or neighborhood or any considerable number of persons although the extent of the annoyance or damage inflicted upon individuals may be unequal.

"Pass through" means a discharge which exits the POTW into waters of the United States in quantities or concentrations which, alone or in conjunction with a discharge or discharges from other sources, is a cause of a violation of any requirement of the City's NPDES permit (including an increase in the magnitude or duration of a violation).

"Permit" means any written authorization required pursuant to this chapter or any other regulation of the City for the installation of the sewage system.

"Person" means any individual, partnership, co-partnership, firm, company, corporation, association, joint stock company, trust, estate, governmental entity, or any other legal entity, or their legal representatives, agents or assigns. This definition includes all Federal, State, or local governmental entities.

"pH" means a measure of the acidity or alkalinity of a substance, expressed in standard units.

"Pollutant" means any dredged spoil, solid waste, incinerator residue, sewage, garbage, sewage sludge, munitions, medical wastes, chemical wastes, industrial wastes, biological materials, radioactive materials, heat, wrecked or discharged equipment, rock, sand, cellar dirt, agricultural and industrial wastes, and the characteristics of the wastewater (i.e., pH, temperature, total suspended solids (TSS), turbidity, color, BOD, chemical oxygen demand (COD), toxicity, odor).

"Premises" means a parcel of real estate, including any improvements thereon, which is determined by the City to be a single user for the purpose of receiving, using and paying for services.

"Pretreatment" means the reduction of the amount of pollutants, the elimination of pollutants, or the alteration of the nature of pollutant properties in wastewater prior to or in lieu of introducing such pollutants into the POTW. This reduction or alteration can be obtained by physical, chemical or biological processes, by process changes, or by other means, except by diluting the concentration of the pollutants unless allowed by an applicable pretreatment standard.

"Pretreatment requirements" means any substantive or procedural requirement related to pretreatment imposed on an industrial user, other than a pretreatment standard.

"Pretreatment standards" or "standards" means prohibitive discharge standards, categorical pretreatment standards, and local limits.

"Prohibited discharge standards" or "prohibited discharges" means absolute prohibitions against the discharge of certain substances; these prohibitions appear in RDMC § 13.10.410 and § 13.10.420.

"Public sewer" means a sewer lying within a street or easement and which is controlled by or under the jurisdiction of the City.

"Publicly owned treatment works" or "POTW" means any devices or storage, treatment, recycling or reclamation of sewage or industrial wastes and any conveyances which convey wastewater to a treatment plant. Also, the City's jurisdiction over the industrial users and responsibility for the operation and maintenance of the treatment works. Building sewers connecting building drains to the POTW are not public sewers although they may be partially located in a public right-of-way or easement.

"Septic tank wastes" means any sewage from holding tanks such as vessels, chemical toilets, campers, trailers, and septic tanks.

"Service connection or laterals" means the laying of pipes from the main to the property line inclusively.

"Sewage" means human excrement and gray water (household showers, dishwashing operations, and the like). A combination of water-carried wastes from residences, business buildings, institutions, and industrial establishments.

"Sewage facility" means all facilities for collecting, pumping, treating, and disposing of sewage.

"Significant industrial user" applies to industrial users subject to categorical pretreatment standards; any other industrial user that discharges an average of 25,000 gallons per day (gpd) or more of process wastewater, contributes a process waste stream which makes up five percent or more of the average dry weather hydraulic or organic capacity of the treatment plant, or is designated as significant by the City on the basis that the industrial user has a reasonable potential for adversely affecting the POTW's operation or for violating any pretreatment standard or requirement.

"Slug load" means any discharge at a flow rate or concentration which could cause a violation of the prohibited discharge standards in RDMC § 13.10.410 and § 13.10.420 or any discharge of a nonroutine, episodic nature, including but not limited to an accidental spill or a noncustomary batch discharge.

"Standard Industrial Classification (SIC) code" means a classification pursuant to the "Standard Industrial Classification Manual" issued by the U.S. Office of Management and Budget.

"Stormwater" means any flow occurring during or following any form of natural precipitation including snowmelt.

"Suspended solids" means the total suspended matter that floats on the surface of, or is suspended in, water, wastewater, or other liquid, and which is removable by laboratory filtering.

"Toxic pollutant" means one of 126 pollutants, or combination by the EPA under the provision of Section 307 (33 USC 1317) of the Act.

"Treatment plant effluent" means any discharge of treated wastewater from the POTW into waters of the State.

"Wastewater" means liquid and water-carried industrial wastes, and sewage from residential dwellings, commercial buildings, industrial and manufacturing facilities, and institutions, whether treated or untreated, which are contributed to the POTW. Uncontaminated or contaminated waters discarded or discharged by users and no longer usable for industrial or domestic purposes, including but not limited to water or a combination of water and other substances described in RDMC § 13.10.410 and § 13.10.420.

"Wastewater treatment plant" or "treatment plant" means the portion of the POTW designed to provide treatment of sewage and industrial waste. (Formerly 13.10.520; Ord. 190 §§ 1, 58, 1987; Ord. 203, 1990; Ord. 286, 2012; Ord. 322 § 1, 2014)

The Council reserves the right and power from time to time to adopt rules and regulations for the operation and maintenance of the Sewer Department of the City, and for furnishing sewer service, and may likewise establish and modify the rates, charges and penalties established and imposed by this chapter, and may from time to time prescribe rules for the extension of sewer collection within and beyond the boundaries of the City.

(Ord. 190 § 2, 1987; Ord. 286, 2012; Ord. 322 § 1, 2014)

If a dispute shall arise between any sewer customer and the City concerning sewer service or the amount of sewer billed to such consumer, the dispute may be settled subject to the approval of the Council by the City Manager or designee. The final decision and settlement of any such dispute shall be recorded in the minutes of the Council. The provisions and procedures provided for in this section are permissive only and shall in no way affect the other provisions of this chapter.

(Ord. 190 § 3, 1987; Ord. 286, 2012; Ord. 322 § 1, 2014)

Repealed by Ord. 286.

(Ord. 190 § 4, 1987)

No person owning, occupying or having under his control any premises shall connect their vault, cesspool, privy, sewer or private drain with any waterway, watercourse or ditch in the City. (Ord. 190 § 5, 1987; Ord. 286, 2012; Ord. 322 § 1, 2014)

No ditch, water pipe, gas pipe or any other service shall be installed or maintained nearer than two feet in any direction to any sewer service pipe or main. (Ord. 190 § 6, 1987; Ord. 286, 2012; Ord. 322 § 1, 2014)

The City shall, at its own expense, make all repairs necessary to sewer pipe lines connecting with mains. The City shall make no repair or do any work whatsoever on the sewer pipe line beyond the connection to private property.

(Ord. 190 § 7, 1987; Ord. 286, 2012; Ord. 322 § 1, 2014)

Repealed by Ord. 380.

(Ord. 190 § 8, 1987; Ord. 286, 2012; Ord. 322 § 1, 2014)

Any authorized employee of the City shall have reasonable access to any premises with sewer service for the purpose of making inspections of the sewer system upon such premises. Any person who, as owner or occupant of any premises, refuses admittance to or hinders or prevents inspection by an authorized employee of the City, after service of notice of intention, shall have all water shut off to the said premises.

(Ord. 190 § 9, 1987; Ord. 286, 2012; Ord. 322 § 1, 2014)

The City shall have the right in an emergency, for the purpose of making sewer line repairs, extensions or other necessary purposes, to turn the water off or on without notice, but it shall be the duty of the Water Department to make a reasonable effort to notify all consumers that the water is to be turned off or on.

(Ord. 190 § 10, 1987; Ord. 286, 2012; Ord. 322 § 1, 2014; Ord. 380 § 1, 2020)

It shall be unlawful for any person to open any manhole or to interfere in any manner with any street sewer service connection or any service pipe connected with mains or to tap any sewer service pipe, without paying the established costs therefor after having made written application therefor as provided by this chapter, or in any way to trespass upon the public property of the Sewer Department without written permission first being obtained from the City Manager or designee.

(Ord. 190 § 11, 1987; Ord. 286, 2012; Ord. 322 § 1, 2014)

Before any sewer service will be supplied by the City to any person which requires a connection or reconnection to the City-owned mains of any real property, the owner of the property shall make a written application from such service and service connection upon a form provided by the City. Such form shall be substantially as shown in Exhibit A attached to the ordinance codified in this chapter and by reference incorporated herein.

(Ord. 190 § 12, 1987; Ord. 286, 2012; Ord. 322 § 1, 2014)

From time to time, the City Council shall adopt sewer service charges and fees.

Upon application for a building permit and prior to the actual construction of any sewer facilities by the applicant, a sum of money equal to the amount of the applicable connection fees shall be paid to the City in addition to any and all actual costs by the City to provide new service. (Ord. 190 §§ 13, 13.A, 1987; Ord. 194 § 1, 1988; Ord. 286, 2012; Ord. 307 § 1, 2013; Ord. 322 § 1, 2014)

There shall be a charge set apart from any other charge or fee for the actual costs to the City for the installation of any sewer mains or system laterals to any private property or other consumer; provided further, that such a charge shall be a minimum of $200.00 or actual costs, whichever is higher. Sizes, locations and connections methods shall be at the sole discretion of the City Manager or designee.

(Ord. 190 § 14, 1987; Ord. 286, 2012; Ord. 296, 2012; Ord. 322 § 1, 2014)

Article II Connections – Installation Of Service

Notwithstanding any other sections, the connection fees and installation charges for outside the City limits shall be 150 percent of those same fees and charges for inside the City limits. (Ord. 190 § 15, 1987; Ord. 286, 2012; Ord. 322 § 1, 2014)

Repealed by Ord. 380.

(Ord. 190 § 16, 1987; Ord. 286, 2012; Ord. 322 § 1, 2014)

No sewer shall be served to two or more parcels of property separately owned through a common service pipe. When more than one occupancy is placed on the same parcel of property and each is conducting a separately established residence or business, a separate sewer line shall be required and installed for each occupancy.

Where there is a preexisting multiple use sewer service, the City shall establish additional accounts and charges for each additional commercial, professional, dwelling, or living unit situated upon the premises not served by an individual sewer.

Where there is a preexisting unknown shared lateral that becomes known and two sewer services utilize the lateral, each of the property owners must establish their own lateral on their respective property parcels. The City shall establish a lower lateral to the sewer main once each property owner has indicated where their respective sewer lateral and lower cleanout will be installed. (Ord. 190 § 17, 1987; Ord. 286, 2012; Ord. 322 § 1, 2014; Ord. 406 § 1, 2024)

Contractors or any person desiring to use the sewer system in construction work where disposal must be made other than through a permanent sewer in each and every case must make written application for and obtain a written permit for the same from the Sewer Department before connecting with any main, and shall make the deposit required by the Sewer Department. Such permit shall be exhibited upon the work for which it has been issued during the full time the sewer is being used pursuant to such permit.

(Ord. 190 § 18, 1987; Ord. 286, 2012; Ord. 322 § 1, 2014)

It shall be unlawful for any person to provide sewer service to any other person other than the occupants of the premises of such consumer as provided through an approved collection system. (Ord. 190 § 19, 1987; Ord. 286, 2012; Ord. 322 § 1, 2014)

All applicants for service connections or sewer service shall be required to accept such conditions of service as are provided by the system at the location of the proposed service connection and to hold the Department harmless from all damages arising from conditions or interruptions of service not expressly caused by the sewer system. (Ord. 190 § 20, 1987; Ord. 286, 2012; Ord. 322 § 1, 2014)

It shall be unlawful to maintain or use any residence, place of business or other building or place where persons reside, congregate, or are employed which is not provided with means for the disposal of sewage, either by flush toilet connected with a sewage system approved by the City of Rio Dell City Manager or designee or, when it is judged permissible by the County Health Officer, for a site that is greater than 300 feet from a public sewer, an on-site wastewater treatment (septic) system which meets the requirements of the County Health Department. With respect to the use of on-site wastewater treatment systems within the City of Rio Dell, the City of Rio Dell adopts the Humboldt County Code, its regulations and, when approved and implemented, its local agency management program for the siting, design, operation and maintenance of on-site wastewater treatment systems.

It shall be unlawful for any person to construct or maintain any on-site wastewater treatment system, sewage treatment works, sewer pipes or conduits, or other pipes or conduits for the treatment or discharge of sewage or impure waters or any matter or substance offensive, injurious or dangerous to health whereby they shall do any of the following:

• (1) Overflow any lands whatever;

• (2) Empty, flow, seep, drain into or affect any springs, streams, rivers, lakes or other waters within the City of Rio Dell. With respect to existing on-site wastewater treatment systems if it would be impossible to comply with all the requirements of the County Health Department, the County Health Officer may authorize repairs that are in substantial conformance, to the greatest extent practicable, with the requirements of the County Health Department.

It shall be unlawful for any person, firm or corporation to construct, build, or rebuild any place of residence or other building or place where persons congregate, reside or are employed which is not to be connected to an approved public sanitary sewer without first obtaining a permit to do so from the County Health Department.

(Ord. 190 § 21, 1987; Ord. 286, 2012; Ord. 322 § 1, 2014; Ord. 351 § 1, 2016; Ord. 406 § 2, 2024)

• (1) Permit Required. No person shall construct a building sewer, lateral sewer or make a connection with any public sewer without first obtaining a written permit from the City and paying all fees and connection charges as required.

• (2) Design and Construction Requirements. Design and construction of building sewers and lateral sewers shall be in accordance with the requirements of the City and to the approval of the City Manager or designee.

• (3) Separate Sewers. No two adjacent buildings fronting on the same street shall be permitted to join the use of the same side sewer. Every building or industrial facility must be separately connected with a public sewer if such public sewer exists in the street upon which the property abuts or in an easement which will serve said property. However, two or more buildings located on property belonging to the same owner may be served with the same side sewer provided the property cannot be subdivided into smaller legal-sized lots.

• (4) Old Building Sewers. Old building sewers may be used in connection with new buildings only when they are found, upon examination and test by the City Manager or designee, to meet all requirements of the City.

• (5) Cleanouts. Two cleanouts in building sewers shall be provided in accordance with the rules, regulations and ordinances of the City. A cleanout and backflow device shall be required at or near the building structure, and a double sweep cleanout installed at or near the property line. All cleanouts shall be maintained watertight.

• (6) Down Spouts/Roof Drains. Down spouts or roof drains shall not discharge rain water or storm runoff into the building lateral or any sewer connection.

• (7) Sewer Too Low. In all buildings hereafter constructed in which any building sewer is too low to permit gravity flow to the public sewer, sanitary sewage carried by such building sewer shall be lifted by artificial means, approved by the City Manager or designee, and discharged to the public sewer at the expense of the owner.

• (8) Connection to Public Sewer. The connection of the building sewer into the sewer system shall be made at the applicant's expense. The applicant shall extend the building sewer to the property line, at which point it shall be the responsibility of the City to connect the building sewer to the City system lateral. Any damage to the lateral sewer shall be repaired at the cost of the applicant to the satisfaction of the City Manager or designee.

• (9) Maintenance of Building Sewer. Building sewers shall be free of infiltration and be maintained by the owner of the property served thereby.

• (10) Public Sewer Construction – Permit Required. No person shall construct, extend or connect to any public sewer without first obtaining a written permit from the City and paying all fees and connection charges and furnishing bonds as required. The provision of this section requiring permits shall not be construed to apply to contractors' construction sewers and appurtenances under contracts awarded and entered into by the City.

• (11) Plans, Profiles and Specifications Required. The application for a permit for public sewer construction shall be accompanied by three complete sets of plans, profiles and specifications, complying with all applicable ordinances, rules and regulations of the City prepared by a registered civil engineer showing all details of the proposed work based on an accurate survey of the ground. The application, together with the plans, profiles and specifications, shall be examined by the City Manager or designee, who shall within 20 days approve them as filed or require them to be modified as he deems necessary for proper installation. When the City Manager or designee is satisfied that the proposed work is proper and the plans, profiles, and specifications are sufficient and correct, he shall order the issuance of a permit predicated upon the payment of all connection charges, fees and furnishing bonds as required by the City. The permit shall prescribe such terms and conditions as the City Manager or designee finds necessary in the public interest.

• (12) Subdivisions. The requirements of this section shall be fully complied with before any final subdivision map shall be approved by the City Council. The final subdivision map shall provide for the dedication for public use of streets, easements or rights-of-way in which public sewer lines are to be constructed. If a final subdivision map of a tract is recorded and the work of constructing sewers to serve the tract is not completed within the time limit allowed in the permit, the City Council may extend the time limit or may complete the work and take appropriate steps to enforce the provisions of the bond furnished by the subdivider.

• (13) Easements or Right-of-Way. In the event that an easement is required for the extension of the public sewer or the making of connections, the applicant shall procure and have accepted by the City a proper easement or grant of right-of-way having a minimum width of 10 feet sufficient in law to allow the laying and maintenance of such extension or connection.

• (14) Persons Authorized to Perform Work. Only properly licensed contractors and City forces shall be authorized to perform the work of public sewer construction within the City. All terms and conditions of the permit issued by the City to the applicant shall be binding on the contractor.

• (15) Compliance With Local Regulations. Any person constructing a sewer within a street shall comply with all State, County or City laws, ordinances, rules and regulations pertaining to the cutting or pavement opening, barricading, lighting, and protecting of trenches, backfilling and repaving thereof and shall obtain all permits and pay all fees required by the department having jurisdiction prior to the issuance of a permit of the City.

• (16) Design and Construction Standards. Design and construction of sewers within the City must be approved by the City Manager or designee. Three complete sets of as-built drawings showing the actual location of all mains, structures, wyes, and laterals shall be filed with the City before final acceptance of the work.

• (17) Completion of Sewer Required. Before any acceptance of any sewer line by the City and prior to the admission of any sewage into the system, the sewer line shall be tested and shall be complete to the satisfaction of the City Manager or designee.

• (Ord. 190 § 22, 1987; Ord. 286, 2012; Ord. 322 § 1, 2014; Ord. 406 § 3, 2024)

Article III

Rates, Charges And Billing

• (1) Rates, charges and billings are established by resolution. All sewer billing shall be monthly to coincide with water billing, scheduled for posting and delivery on the first day of each month following water meter readings. Utility bills are due and payable from the first day of each month at the Rio Dell City Hall.

Utility bills not having been paid by the twenty-sixth of the month shall be considered to be delinquent and no further notice will be provided other than on the said next following billing reflecting that two months of service are outstanding.

• (2) Sewer service billing shall be assessed against the person or persons who reside in or otherwise occupy the premises being served and identified as the person or persons having completed an application for sanitary sewer service as a nonowner resident of the premises, and after having deposited $200.00 as surety against any sewer service charges sustained during the said nonowner occupancy or control of the said premises, whereupon the depositor shall receive a numbered receipt which shall be required to be presented at demand of all or any part of a refund of any balance of deposit remaining after any and all current sanitary sewer service charges are satisfied.

However, and notwithstanding the above, owners of real property rented, leased, occupied or in any manner controlled by nonowners shall be liable for any unpaid sewer service not paid by the said nonowners, with such unpaid amounts due and payable prior to any continued use of any said premises, and the water to such premises shall therefore also be discontinued in order to cause the sewer service to become inoperable pending settlement of outstanding utility bills. A list of delinquent accounts will be forwarded to the Humboldt County Auditor to be added to other taxes imposed on the delinquent parcel and collected in the same manner and to the same extent as such other taxes.

• (3) In any case where customers are served by the Rio Dell sewer system, the customer shall pay rates as established by resolution.

• (4) Any consumer required to pay for sewer services in accordance with this section who commences service on or after the sixteenth day from the last monthly meter reading shall pay a rate for that month of only 50 percent of the required rate for the full month.

• Any consumer required to pay for sewer service in accordance with this section who discontinues service on or before the fifteenth day from the last meter reading shall pay a rate for that month of only 50 percent of the required rate for the full month.

(Ord. 190 § 23, 1987; Ord. 207, 1991; Ord. 210 §§ 1, 2, 1991; Ord. 231 § 1, 1995; Ord. 248 § 1, 2003; Ord. 286, 2012; Ord. 322 § 1, 2014; Ord. 380 § 1, 2020)

Rates and charges which are not paid on or before the date of delinquency shall be subject to a basic penalty of 10 percent, and thereafter an additional 10 percent of each month's charge for each month of delinquency; provided, that if Government Code Section 54348 is amended to allow for a greater penalty, the City Council may establish a penalty in the amount allowed by Section 54348. In addition to the basic penalty, there shall be a penalty of one-half of one percent per month for nonpayment of the charges and basic penalty.

The City may initiate proceedings in accordance with Government Code Sections 54354 through 54357 to have such delinquent costs and penalties assessed against the real property or premises where the service is provided to become a lien against the property. The lien shall be turned over to the County Assessor who shall enter the lien on the assessment rolls as a special assessment, thereafter to be collected at the same time and in the same manner as ordinary municipal taxes, to be subject to the same penalties and procedure under foreclosure and sale as provided by the Government Code and as provided for ordinary municipal taxes. (Ord. 320 § 1, 2014)

• (1) In the event that any nonresidential customer is delinquent in the payment of their sewer bill, the Department shall have the right forthwith and without further notice to discontinue water service to the premises of such delinquent customer.

• (2) Residential water service may only be discontinued for nonpayment in accordance with the policy on discontinuation of residential water service for nonpayment adopted by formal resolution of the City Council, as the same may be amended from time to time.

• (Ord. 190 § 24, 1987; Ord. 286, 2012; Ord. 322 § 1, 2014; Ord. 332 § 1, 2015; Ord. 380 § 1, 2020)

In the event that any non-water account customer shall be delinquent in the payment of his or her sewer bill twice in succession or three times in a 12-month period, the City may initiate proceedings to have such delinquent charges, late penalties, and roll change costs (figured on a flat rate based on the average residential usage in the City) lump sum assessed against the real property or premises where the service is provided to become a lien against the property.

The lien shall be turned over to the County Assessor who shall enter the lien on the assessment rolls as a special assessment, thereafter to be collected at the same time and in the same manner as ordinary municipal taxes, to be subject to the same penalties and procedures under foreclosure and sale as provided by the Government Code and as provided for ordinary municipal taxes. (Ord. 332 § 2, 2015; Ord. 335, 2015)

• (1) When the City elects to use the tax roll on which general City taxes are collected for the collection of current or delinquent sewer service charges, proceedings therefor shall be had as now or hereafter provided therefor in Article 4, Chapter 6, Part 3, Division 5 of the California Health and Safety Code.

• (2) The powers authorized by this section shall be alternative to all other powers of the City and alternative to procedures adopted by the City Council thereof for the collection of such charges.

• (Ord. 399, 2023)

• (1) A written report shall be prepared and filed with the City Clerk which shall contain a description of each parcel of real property receiving such services and facilities and the amount of the charge for each parcel for the forthcoming year computed in conformity with the charges prescribed by this chapter.

• (2) The City Clerk shall cause notice of the filing of the report and of the time and place of hearing thereon to be published once a week for two successive weeks prior to the date set for the hearing published in a newspaper of general circulation, printed and published within Humboldt County. Prior to such hearing for the first time, the City Clerk shall mail a notice in writing of the filing of the first report proposing to have such charges for the forthcoming fiscal year collected on the tax roll and of the time and place of hearing thereon, to be mailed to each person to whom any part or parcel of real property described in the report is assessed in the last equalized assessment roll on which general City taxes are collected, at the address shown on the roll or as known to the City Clerk.

• (Ord. 399, 2023)

• (1) At the time of the hearing, the City Council shall hear and consider all objections or protests, if any, to the report referred to in the notice and may continue the hearing from time to time.

• (2) Upon the conclusion of the hearing on the report, the Council will adopt, revise, change, reduce, or modify any charge or overrule any or all objections and shall make its determination upon each charge as described in the report, which determination shall be final.

• (Ord. 399, 2023)

On or before the tenth day of August in each year following the final determination of the Council, the City Clerk shall file with the Auditor a copy of the report with a statement endorsed thereon over his signature that it has been finally adopted by the Council of the City, and the Auditor shall enter the amounts of the charges against the respective lots or parcels of land as they appear on the current assessment roll.

(Ord. 399, 2023)

• (1) Where any such parcels are outside the boundaries of the City, they shall be added to the assessment roll of the entity for the purpose of collecting such charges.

• (2) If the property is not described on the roll, the Auditor shall enter the description thereon together with the amounts of the charges, as shown on the report.

• (Ord. 399, 2023)

If water service is cut off or discontinued for failure to pay delinquent City utility bills, such service may again be established only in the event the customer or the owner of the premises served pays all outstanding bills, penalties and charges as may be required by this chapter,

RDMC § 13.05.290 or City policy.

When an owner or customer has been delinquent in his sewer bills twice in succession or three times in any one 12-month period, he shall be required to pay a late payment fee of $10.00. Said late payment fee shall be increased by $10.00 for each succeeding late payment, up to a maximum fee of $200.00. Thereupon and not otherwise will water service again be made or established to the premises where the bill has been delinquent (thus allowing sewer service). (Ord. 190 § 25, 1987; Ord. 286, 2012; Ord. 322 § 1, 2014; Ord. 380 § 1, 2020)

The Council may adopt reasonable charges and fees for reimbursement of costs of setting up and operating the City's pretreatment program which may include:

• (1) Fees for wastewater discharge permit applications including the cost of processing such applications.

• (2) Fees for monitoring, inspection, and surveillance procedures including the cost of collection and analyzing an industrial user's discharge, and reviewing monitoring reports submitted by the users.

• (3) Fees for reviewing and responding to accidental discharge procedures and construction.

• (4) Fees for filing appeals.

• (5) Other fees as the City may deem necessary to carry out the requirements contained in this section. These fees relate solely to the matters covered by this chapter and are separate from all other fees, fines, and penalties chargeable by the City.

• (Ord. 286, 2012; Ord. 322 § 1, 2014)