(Replaced by Ordinance No. 185397, effective July 6, 2012.) As used in this Chapter the following definitions apply:
A. “Columbia Boulevard Wastewater Treatment Plant (CBWTP)” means the City ofPortland’s wastewater treatment plant located at5001 N. Columbia Boulevard,Portland,Oregon.
B. “Director” means the Director of the Bureau of Environmental Services or the Director’s designee.
C. “Holding tank” means a tanks with no drain field which is required to be pumped out on a regular basis.
D. “Operator in charge” means the operator in charge, hereafter referred to as “operator,” is the designated operator on duty at the Columbia Boulevard Wastewater Treatment Plant or other designated location who supervises and directs any discharge of septage.
E. “Septage” means domestic wastes in a tank or container such as chemical toilets.
F. “Tri-County Area” means the area within Multnomah, Clackamas andWashingtonCounties.
(Amended by Ordinance Nos. 166674, 182760 and 185397, effective July 6, 2012.) Only those persons possessing a valid septage discharge permit issued from the City ofPortlandwill be allowed to discharge septage at the Columbia Boulevard Wastewater Treatment Plant (CBWTP).
A. Permits shall authorize discharges for one year, unless a shorter time frame is authorized by the Director.
B. The City shall issue permits for the discharge of septage at CBWTP after receipt of the following:
1. A Septage Discharge Permit Application form;
2. A copy of a valid sewage disposal service license issued by the DEQ;
3. A current DEQ Sewage Pumping Equipment Description/Inspection form for each vehicle identified on the permit;
4. A performance guaranty as described in 17.35.060 of this Chapter;
5. A copy of insurance coverage at or above those levels required by the Oregon Public Utility Commission;
6. Effective July 1, 1994, a certificate of completion, or the ability to receive such certification within 30 days of permit approval, by applicant personnel at the City of Portland’s “Septage Hauler Training Class.” Personnel of an approved septage hauler shall attend the City’s Septage Hauler Training Class. The class will inform haulers about the City’s Septage Receiving Program and the operational process at CBWTP. Certification renewals may be requested on an annual basis and shall be required upon request of the Director or when permittee personnel changes occur.
7. The City shall impose appropriate conditions in permits to ensure compliance with requirements of this Chapter.
C. No provision of this Section shall be construed to create any right to the disposition of septage at a City facility inconsistent with the public interest of the City.
(Amended by Ordinance Nos. 166674 and 185397, effective July 6, 2012.) The City will accept discharge of septage at the CBWTP that originates within the Tri-County area and is subject to the provisions of this Chapter.
A. Discharge of process waste from commercial and industrial locations is prohibited.
B. Unauthorized discharge of septage into the sewer system within the jurisdiction of the City or the Tri-County area is prohibited.
C. The City will have full authority to refuse a load, limit the amount of discharge and/or establish necessary restrictions on discharge under the following conditions:
1. Unacceptable acidic or alkaline strength or corrosive properties;
2. Septage is from a non-approved source;
3. Failure to supply complete, accurate and verifiable septage information;
4. Operator observed inconsistencies between certified contents and actual contents;
5. Operational or capacity limitations at CBWTP. Loads will be rejected during wet weather events.
(Amended by Ordinance No. 166674, effective June 23, 1993.) Each applicant, except governmental agencies shall post a performance guaranty in a form including but not limited to a surety bond, penal bond, performance bond, irrevocable letter of credit, pledge of assets, or other form which shall be approved by the City Attorney. The amount will be determined by the conditions of the permit and the number and capacity of the applicant’s vehicles. Minimum coverage shall be $10,000. All changes in personnel and equipment shall be reported to the City within 30 days. The value of the performance guaranty shall be forfeited to the City under any of the following conditions:
A. The discharge of septage in violation of 17.35.030;
B. The discharge of septage at unauthorized locations in the Tri-County area (or the City of Portland);
C. Effective July 1, 1994, failure to make timely payment, pursuant to 17.35.090 B, of charges billed under this Chapter. (Forfeiture of guaranty up to amount of overdue charges only, after notice of intent to demand payment from guarantor.)
(Amended by Ordinance Nos. 156500, 160886, 162109, 165136, 166674, 167692, 168857, 170190, 171224, 172288, 173414, 175620, 176524, 177530, 178449, 179274, 180189, 181006 and 181846, effective July 1, 2008.)
A. Discharge permit holders are subject to the following septage discharge fees:
1. Annual Discharge Permit Fee. Fees are to be paid on an annual basis at time of permit application.
2. Discharge Rates. Each delivery received at the plant is subject to discharge rates, which will be applied to full tank capacity of the delivery vehicle. The plant may accept partial loads on a pre-approved basis. Measurement disputes between septage haulers and City personnel will be resolved by a process established by the Director.
3. After-Hours Fee. Deliveries received at the plant outside of normal business hours are subject to an after-hours fee.
B. Septage discharge fees and rates are adopted, annually, by general ordinance to establish sewer and drainage rates and charges.
(Amended by Ordinance Nos. 166674 and 181483, effective January 18, 2008.) The operator is directed to provide one copy of the load certificate to the permittee, retain two copies of each load certificate executed by permittee, and to convey one copy of each load certificate to the office of the City as may be required by the Office of Management and Finance.
The City shall mail a monthly statement of account to each permittee. Failure to pay the amount shown within 30 days of the date of billing shall result in imposition of interest fees, as named in Title 5, Section 5.48.040, on the amount past due.
(Amended by Ordinance No. 166674, effective June 23, 1993.) All septage discharge permits issued to an applicant by the City may be revoked for any of the following reasons:
A. Failure to accurately certify the source of a load of septage prior to discharge
B. Failure to pay all charges for discharge within 60 days of billing by the City.
C. Any act that is named as a cause for forfeiture of the performance guaranty, as outlined in Section 17.35.060.
Septage permits shall be amended for the following reasons:
1. A change occurs in a permittee’s operations that affect the conditions of this Chapter.
2. As required by the applicable State or Federal laws or regulations.
(Repealed by Ordinance No. 185397, effective July 6, 2012.)
(Added by Ordinance No. 166674, effective June 23, 1993.)
A. Violation of any of the requirements of this Chapter may result in enforcement by the Director.
B. Enforcement mechanisms. In enforcing the requirements of this Chapter, the Director may:
1. Issue compliance orders.
2. Institute an action before the Code Hearings Officer.
3. Cause an appropriate action to be instituted in a court of competent jurisdiction.
4. Take such other action as the Director deems appropriate.
5. Appeal of final determination. Upon receipt of a final determination, a permittee may appeal the determination to the code Hearings Officer in accordance with the procedures set out in Chapter 22.10 of the Portland City Code; provided that such an appeal shall include a copy of the final determination that is the subject of the appeal, shall state the basis for the appeal, and shall be filed with the Code Hearings Officer and the Bureau of Environmental Services.