Chapter 2

Sewer Use And Regulations

Sections

10-2-1: Purpose And Authority

10-2-1-1: Purpose


For the purpose of promoting health, safety and the general welfare of the City and the City area of impact, a system for the collection, transmission and disposal of wastewater shall be constructed, extended, maintained and operated within the City and the City area of impact, and other mutually agreed upon entities, by which to provide an adequate system for the collection, transmission and disposal of wastewater. (1952 Code § 8-11-01)

10-2-2-1: Definitions


The following words and phrases used in this chapter shall have the following meanings unless a different meaning clearly appears from the context:

APARTMENT: A room or suite of rooms in a multiple-family structure which is arranged, designed or used as a single housekeeping unit, and which includes permanently installed complete kitchen and sanitary facilities.

ASSISTED LIVING/RESIDENTIAL CARE FACILITY: A retirement facility licensed and regulated by the State of Idaho, with restrictions on the size and occupancy of sleeping areas.

BIOCHEMICAL OXYGEN DEMAND (BOD): The quantity of oxygen utilized in the biochemical oxidation of organic matter in five (5) days under standard laboratory procedures set forth in the latest edition of "Standard Methods", expressed in milligrams per liter.

BOISE AREA OF IMPACT: An area mutually agreed upon, including plan and ordinances, between Boise City and Ada County, as provided for by Idaho Code sections 67-6526 and 50-1306. The boundaries and provisions of the area of impact can be found in section 11-01-07 of this Code.

BOISE CITY (CITY): The Municipal corporation known as Boise City, Idaho.

BREWERY: A building or establishment for the commercial brewing of beer or other malt liquors.

CHANGE OF USE: Such time as the nature of the business for which a structure is used has changed, or the primary use of the structure has changed.

COMBINED WASTEWATER: Wastewater containing stormwater, infiltration or inflow, which is ordinarily prohibited from entering public sanitary sewers.

COMMERCIAL: Any business, industrial, institutional or nonprofit enterprise. This shall include, but is not limited by, hotels, motels, assisted living facilities, schools, churches and nonresidential condominiums.

CONDOMINIUM: Real estate, portions of which are designated for separate ownership and the remainder of which is designated for common ownership solely by the owners of those portions. Real estate is not a condominium unless the undivided interests in the common elements are vested in the unit owners.

CONTRIBUTOR: Any person who directly or indirectly contributes or discharges wastewater into the City sewer system.

DATE SEWER SYSTEM IS AVAILABLE: The date the public sewer, to which the building or structure is to be connected, is accepted by the City Engineer as ready for use.

DEVELOPER OR SUBDIVIDER: Any person who subdivides and/or improves undeveloped land for industrial, commercial, residential or mixed use, and thereby creates a demand for City sewer services.

DIRECTOR: The Public Works Department Director, or the authorized representative as designated by the Director.

DISCHARGE: The disposal of sewage, holding tank waste, water or any other substance into the wastewater system of the City.

DOMESTIC (SANITARY) WASTES OR WASTEWATER: Liquid or water carried wastes from the noncommercial preparation and handling of food, or containing human excrement and similar matters from toilets and the sanitary plumbing systems of dwellings, commercial buildings, industrial facilities and institutions. When analyzed by standard methods, domestic waste shall contain approximately three hundred milligrams per liter (300 mg/L) of TSS and three hundred milligrams per liter (300 mg/L) of BOD.

DUPLEX: A detached building containing two (2) dwelling units. Each unit must be capable of functioning as a dwelling unit independently of the other.

DWELLING UNIT: One or more rooms and single kitchen designed for, or occupied as, a unit by one family for living and cooking purposes, which is located in a single-family or multi-family dwelling.

FINANCIAL HARDSHIP: Shall be deemed to exist when an owner's annual family gross income is at or below the income level indicated for a family of similar size on the current "Low Income Guidelines" chart employed by the City in the administration of the Community Development Block Grant Program, and shall be verified by the previous year's Federal Tax return.

FLAG LOT: A lot having access to a public or private street via a narrow private driveway, the frontage of which is generally forty feet (40') or less in width.

FLOW: The volume of wastewater.

GRAVITY FLOW SEWER SYSTEM: That part of the wastewater system which uses gravity, as opposed to lift stations, pumps or pressure lines, to transport sewage to the waste treatment facility.

GROSS ACRE: An acre of ground, including all public rights-of-way and private streets within the development.

HEATING AND/OR COOLING SYSTEM DISCHARGE: The water discharged from any use, such as heating, air conditioning, cooling or refrigeration, or to which the only pollutant added is heat.

INDIVIDUAL (PRIVATE) WASTEWATER DISPOSAL SYSTEM: A septic tank, cesspool or similar self-contained receptacle or facility which collects and/or treats or otherwise disposes of wastewater and which is not connected to the City sewer system.

INDUSTRIAL WASTES OR WASTEWATER: The liquid and water carried wastes from industrial processes or discharged from industrial plants, including wastewater from pretreatment facilities and polluted cooling water, as distinct from domestic wastewater.

LARGE OPEN SPACE LOTS WITH LOW SEWER IMPACT: Lots in excess of five (5) acres with open space use, which have single-family dwelling equivalent (SFDE) density, calculated on fixture units, of less than one SFDE per five (5) acres and to which the general public has unrestricted access.

LATERAL SEWER: Those public sewers which are eight inches (8") or less in diameter.

LOW CONSUMPTION USER: A commercial user whose use is comparable in quantity to a residential user, as determined by the use of standard engineering references.

LOW INCOME DISCOUNT: A reduction of thirty percent (30%) in the amount charged for residential sewer service calculated in accordance with section 10-2-7-2 of this chapter.

MOBILE HOME PARK: Any area, tract, plot or parcel of land, developed as a planned unit development and designed primarily for placement of mobile homes, located and maintained for dwelling purposes, on lots that are rented on a permanent or semipermanent basis.

MONITORED CONNECTION: A connection having measuring and sampling devices, installed near the discharger's point of connection to the wastewater system, that are used to determine flow, BOD and TSS values suitable for fee calculations.

MULTI-FAMILY DWELLING: A structure, or portion thereof, containing three (3) or more dwelling units, excluding attached single-family townhouse units located on individual lots.

OVERSIZING: The term for the circumstance where the City has required the developer to install a sewer of a size or capacity greater than eight inches (8").

OWNER: The person holding record title to the property.

PERMANENT LIFT STATION: Sewer pumping facilities which take the place of the gravity flow sewer system on a permanent basis according to the master sewer plan.

PERSON: Any individual, joint venture, partnership, firm, corporation, association, club or organized group, trust, estate, governmental entity or any other legal entity, or their legal representatives, agents or assigns.

PRIVATE SERVICE LINE: That part of a sewer, connected to the City sewer system located within private property or private sewer service easement. Owned by the property owner and not maintained by Boise City.

PRIVATE SEWER: The same as "private service line", as defined in this section.

PUBLIC SERVICE LINE: That part of a sewer constructed from the sewer tap-in of the existing lateral, manhole, trunk sewer or interceptor sewer to the right-of-way line of the public sewer easement. Public service lines are owned by Boise City.

PUBLIC SEWER: The sewer which is part of the City sewer system, subject to the ownership, control and maintenance of the City.

RESIDENTIAL: A single-family dwelling, duplex, multi-family dwelling, apartment, townhouse, noncommercial condominium or mobile home park.

RESTAURANT: Any sandwich shop, pizza parlor, full service, fast food or other eating establishment where food is prepared, served or provided for the public.

SANITARY SEWER: A public sewer which carries wastewater, and to which storm, surface and ground waters are not generally admitted, including the pipe or conduit system and appurtenances for the collection, transportation, pumping and treatment of wastewater. This definition includes the terms public sewer, sewer system and public service line.

SEPTAGE: Any wastewater from holding tanks, such as vessels, chemical toilets, campers, trailers, recreation vehicles, septic tanks, sealed vaults and vacuum pump trucks.

SERVICE BILL: The consolidated bill issued monthly or quarterly by utility billing which itemizes the separate charges for each service provided to the customer.

SEWAGE: Wastewater.

SEWER: A pipe or conduit which collects and carries wastewater to a treatment plant.

SEWER CONNECTION CREDITS: A single-family dwelling equivalent (SFDE) value given for previously paid trunk and treatment sewer capacities permanently removed or demolished to be used as a credit toward future connection fees, subject to the provisions of subsection 10-2-6-6C of this chapter.

SINGLE-FAMILY DWELLING: A building designed for use and occupancy by no more than one family.

SINGLE-FAMILY DWELLING EQUIVALENT (SFDE): For the purpose of calculating treatment connection fees, a typical peak month daily average discharge from a single-family dwelling, specifically defined as two hundred eighty two (282) gallons per day of flow, 0.54 pounds per day of BOD, and 0.54 pounds per day of TSS. For the purpose of calculating trunk connection fees, an SFDE shall mean a typical peak hour discharge from a single-family dwelling of 22.2 gallons per hour. An SFDE generates a fixture unit count, as defined in the Uniform Plumbing Code, of twenty one (21).

STANDARD METHODS: Procedures described in the most recent edition of "Standard Methods for the Examination of Water and Wastewater", as published by the American Public Health Association, American Water Works Association and the Water Environment Federation.

STRENGTH OF WASTEWATER (WASTE STRENGTH): The quality of wastewater discharged as measured by its elements, including its constituents and characteristics.

STRUCTURE: Anything constructed or erected, except fences, which requires permanent location on the ground, or is attached to something having location on the ground, which is designed or intended for the shelter, enclosure or protection of persons, animals, chattels or property of any kind, and which is determined by the department to have a potential for impact on the City sewer system.

SUSPENDED SOLIDS OR TOTAL SUSPENDED SOLIDS (TSS): The total suspended matter that floats on the surface of, or is suspended in, water, wastewater or other liquids, and which is removable by laboratory filtering in accordance with procedures set forth in "Standard Methods", expressed in milligrams per liter.

TAP-IN (SEWER TAP-IN): A sewer service connection to an existing sewer lateral, trunk, interceptor sewer or manhole.

TEMPORARY LIFT STATIONS: Sewer pumping facilities which, on an interim basis, take the place of gravity flow sewer systems and are designated as temporary by the master sewer plan.

TOWNHOUSE: An attached single-family dwelling unit located on a platted lot and for which the individual owner may acquire title to the unit and lot.

TRUNK LINE (SEWER TRUNK LINE): A gravity sewer larger than eight inches (8") in internal diameter, and shall also include pressure sewer lines. A trunk sewer line shall be of such size and location by which to serve the projected growth in population and sewer use of any area within Boise City and the Boise area of impact, and to provide an adequate system for the collection, transmission and disposal of sanitary sewage from residential and commercial users within and without the City.

UNMONITORED CONNECTION: A connection where the discharger's flow is determined by winter water use, and the BOD and TSS values are set at typical levels for the discharger category.

USER: Generally, the owner, tenant, trustee, mortgage receiver or occupier of premises which is connected to the wastewater system.

WASTEWATER (SEWAGE): Any liquid or water carried industrial or sanitary wastes, whether treated or untreated, including polluted heating and/or cooling water from dwellings, commercial buildings, industrial facilities and institutions, which is contributed or permitted to enter the public sewer system.

WASTEWATER SYSTEM, WASTEWATER TREATMENT SYSTEM, WASTEWATER WORKS: Any devices, facilities, structure, equipment or works owned or used by the City for the purpose of the transmission, storage, treatment, recycling and reclamation of industrial and domestic wastes from within or without the City, or necessary to recycle or reuse water at the most economical cost over the estimated life of the system (including intercepting sewers, outfall sewers, public service lines, pumping, power, and other equipment and their appurtenances, but excluding private service lines, extensions, improvements, additions, alterations or any remodeling thereof). This definition shall also include elements essential to provide a reliable recycled supply, such as standby treatment units and clear well facilities; and any works, including the land and sites that may be acquired, that will be an integral part of the treatment process or is used for the ultimate disposal of residues resulting from such treatment.

WET LINE SEWER: An operating public sewer capable of serving a structure immediately upon connection.

WINTER WATER USE: The average of the previous winter (4 months) water consumption as recorded by the user's commercial water meter. If the residential user is attached to a private well, water consumption is based on the number of residents in the home. Where internal water use is separately metered, a twelve (12) month average water consumption may be used.

WORKING DAY: The time between the hours of eight o'clock (8:00) A.M. and five o'clock (5:00) P.M. on any day, except Saturday, Sunday and any National, State or local holidays or days of observation during which the Public Works Department is not open for regular business. (1952 Code § 8-11-02.01; amd. Ord. 23-17, 7-18-2017)

10-2-4-1: New Construction


Except as provided in section 10-2-9-3 of this chapter, all new structures constructed within the City and the City area of impact shall be connected to wet line sewer. (1952 Code § 8-11-04.01)

10-2-5-1: Every Structure Must Be Individually Connected


Every building, structure or sewer user connecting to the City sewer system shall be separately and independently connected, by a separate private service line, to a public sewer, except as provided in section 10-2-9-1 of this chapter, and as follows:


A. Exception For Townhouses: Each sewer user within a townhouse shall not be required to be separately and independently connected by a separate service line to a public sewer if: 1) for each building the private service line is of an adequate size to meet the wastewater requirements of the joint users; and 2) the townhouse development includes, within its covenants or homeowners' agreement, suitable arrangements for maintenance of the private service lines serving the development.


B. Exception For Industrial, Commercial, Apartments, Condominiums And Accessory Buildings: Each sewer user within an industrial, commercial, apartment complex, condominium development or residential accessory building shall not be required to be separately and independently connected to a public sewer if: 1) for each building and/or development, the private service lines are of adequate size to meet the wastewater requirements of the joint users; and 2) the property is under single ownership on a single tax parcel. (1952 Code § 8-11-05.01)

10-2-6-1: Annual Review For Fees


The fees imposed by this chapter shall be reviewed annually and revised periodically as required. (1952 Code § 8-11-06.01)

10-2-7-1: Capital Fees And Charges


A. Residential Trunk Connection Fees: The rate for each connection fee is in such amounts as established by the City Council. (1952 Code § 8-11-07.01; amd. 2019 Code)


B. Residential Treatment Connection Fees: The rate for each treatment facility connection fee is in such amounts as established by the City Council. (Ord. 4-14, 2-4-2014; amd. 2019 Code)


C. Commercial Connection Fees: The rate for each connection is established on the basis of equivalent single-family residential units and is in such amounts as established by the City Council.


D. Equivalent Assessment Fees: For lots up to eighty six thousand (86,000) square feet in area, the fee shall be calculated on the basis of the area of the lot, in accordance with the fees established by the City Council.


E. Public Service Line Fees: A fee shall be charged for each public service line provided by the City, based upon the size of the service line and in such amounts as established by the City Council.


F. Future Sewer Deposit: As required in subsection 10-2-6-3H of this chapter, the subdivider or developer shall pay a fee in such amount as established by the City Council to the City Treasurer prior to certification of the plat by the City Engineer. (1952 Code § 8-11-07.01; amd. 2019 Code)


G. Temporary Lift Station Upgrade Fees: As required by subsection 10-2-6-3I of this chapter, the subdivider or developer shall pay a fee as calculated by the Public Works Department for the developer's share of the possible upgrade of a temporary lift station serving the developer's development. (1952 Code § 8-11-07.01)

10-2-8-1: Commercial Trunk And Treatment Connection Fees


In order to promote the growth and economic development of the City, the payment of connection fees for commercial properties (other than restaurants) may be deferred as follows:


A. Application: The owner or operator of the property shall submit an application provided by the Public Works Department;


B. Agreement: Upon receipt and verification of the application, the department shall prepare an agreement for the deferral of payment of the connection fees;


C. Maximum Term: The term of the agreement shall not exceed two (2) years;


D. Assurances: The owner or operator shall post an irrevocable letter of credit, Certificate of Deposit, payment bond, security bond or other acceptable assurances, as may be approved by the City Attorney's Office, for the sum of the connection fees and interest to be charged on the unpaid balance;


E. Payments; Interest: Payments shall be made in equal installments on a monthly or quarterly basis, at the option of the applicant and as prescribed by the agreement. Interest shall be assessed at the Wall Street Journal's prime rate as published on the date the agreement is signed, plus three percent (3%);


F. Recording Of Agreement: The agreement will be recorded in the Office of the Ada County Recorder; and


G. Default: In the event the property owner or authorized representative defaults on the terms of the agreement prior to final payment, sewer connection fee credits will be granted to the property under the following conditions:

1. The total credit given will be based on the principal payments received, plus amounts collected from a letter of credit, bond or other assurance used to secure the agreement, less any costs incurred by the City in collecting the remaining balance owed on the agreement; and

2. The credit will be recorded with the property as a single-family dwelling equivalent based on rates in effect at the time the agreement was executed;


H. Existing Structure: In the event the property is an existing structure at the time of sewer connection, and additional connection (equivalent assessment) fees are imposed pursuant to subsection 10-2-6-3C of this chapter, the owner may incorporate the commercial trunk and treatment connection fees into an agreement as set forth in section 10-2-8-5 of this chapter. (1952 Code § 8-11-08.010)

10-2-9-1: Waiver Of Individual Physical Connection


The requirement of individual physical connection may be waived by the Public Works Department if, under the particular circumstances of the case, compliance would impose undue hardship on the property owner. Waivers shall not be granted for subdivisions that are being proposed for platting where new roads and utilities must be constructed, or for more than one multi-family dwelling with separate ownership. In granting the waiver, the department may impose such reasonable conditions as it deems appropriate. Any application for waiver shall be submitted to the department in accordance with the waiver procedures set forth in section 10-2-9-4 of this chapter. Connection to sewer may still be required by other City departments or public agencies. (1952 Code § 8-11-09.01)

10-2-10-1: Interference With City Sewer System Prohibited


It is unlawful for any person to break, block, damage, destroy, uncover, deface or tamper with any property, equipment or appliance constituting a part of the City sewer system. It is unlawful to trespass upon the property of the City and interfere in any manner with the operation of the City sewer system, or the property, equipment, manholes, piping or appliances of the wastewater collection system and treatment facilities. No person shall open any public sewer manhole without the permission of the Public Works Department, nor shall any person deposit any type of refuse into the sewer manholes. (1952 Code § 8-11-10.01)

10-2-11-1: Criminal Penalty


Any person violating any of the provisions of this chapter shall be deemed guilty of a misdemeanor and, upon conviction, subject to penalty as provided in section 1-4-1 of this Code. (1952 Code § 8-11-11.01; amd. 2019 Code)

10-2-1-2: Policy To Enhance And Preserve Water Quality


It is the declared policy of the City to enhance and preserve the quality and value of the water resources of the State, to assist in the prevention, control and abatement of water pollution, and to conform to the expressed intent of the Congress of the United States and the legislature of the State to abate pollution of streams and lakes. (1952 Code § 8-11-01.01)

10-2-2: General Provisions

10-2-2-2: Abbreviations



BOD Biochemical oxygen demand
L Liter
mg Milligrams
mg/L Milligrams per liter
SFDE Single-family dwelling equivalent
TSS Total suspended solids

(1952 Code § 8-11-02.02)

10-2-4-2: Change Of Use


Any existing structure which is not otherwise required to connect to the wastewater system under the provisions of this chapter, shall be required to connect if a change of use of the structure occurs, and if there is an increased demand on the wastewater system. (1952 Code § 8-11-04.02)

10-2-5-2: Service Lines; User Responsibilities


A. Installation: The owner of any property connecting to the City sewer system is responsible for the installation, expense and risk associated with the construction and operation of the private service line. The owner is also responsible for the installation, expense and risk of all other wastewater pipes, machinery, plumbing fixtures and apparatus within the property, which may be required for collecting, treating and discharging wastewater from the premises.


B. Maintenance:

1. The owner shall be responsible, at owner's expense, for:

a. The cleaning, unstopping, maintenance and repair of the private service line, and shall keep the private service line, as well as all pipes, fixtures, appliances and apparatus on the property, watertight and in good working order to prevent discharge of combined wastewater or prohibited substances into the public sewer;

b. The replacement of any portion of the private service line which, in the opinion of the Public Works Department, has become so damaged or disintegrated as to be unfit for further use, or is in such condition as to permit infiltration into the wastewater system or exfiltration of wastewater into the surrounding soil; and

c. The cleaning, unstopping and maintenance of the public portion of the service line to remove rocks, roots and debris that originated from private property and settled into the public service line. Repair of the public service line will be the responsibility of the City.

2. All repairs shall be completed within thirty (30) days after written notification from the Public Works Department. If the owner fails or refuses to complete repairs required by the department, the department may cause the repairs to be completed and charge the owner for the costs of such repairs. If the costs of the repairs are not paid by the owner they may be treated as any other delinquent service fees owed to the City.


C. Liability: The City is not responsible for any loss or damage caused by negligence or want of care on the part of the owner, or the contractor of the owner, in installing, maintaining, using or operating private service lines, wastewater pipes, fixtures, appliances and apparatus. The owner shall hold the City harmless from any loss or damage that may be directly, or indirectly, occasioned by the installation or malfunction of any private service line or private appurtenances.


D. Compliance: All users shall comply with the limitations and prohibitions placed on the discharge of wastewater from their premises by standards set by, or incorporated by reference in, this chapter, as well as all other requirements of this chapter. No user shall make, or permit another person to make, a connection to such user's private service line which would allow the discharge of wastewater from property not otherwise served by the City sewer system. (1952 Code § 8-11-05.02)

10-2-6-2: When Connection Fees Are Due


Unless otherwise specified, the connection fees imposed by section 10-2-6-3 of this chapter must be paid prior to initiation of sewer service, change in use of a property already connected to sewer, or any increase in the discharge levels of flow. (1952 Code § 8-11-06.02)

10-2-10-2: Falsifying Information


Any user who knowingly makes false statements, representations or certifications in any application, record, plan or other document filed with the City, or who falsifies, tampers with or knowingly renders inaccurate any monitoring device or method required under this chapter, commits a misdemeanor under this chapter. (1952 Code § 8-11-10.02)

10-2-7-2: Operation And Maintenance Fees


A. Fixed Charge For Zero Use: There shall be a minimum charge in such amount as established by the City Council for zero (0) cubic feet of water used.


B. Charges For Unmonitored Connections: The monthly sewer charge for users with unmonitored connections to the wastewater system shall be in such amount as established by the City Council.


C. Charges For Monitored Connections: The monthly service charge for fee users with monitored connections to the wastewater system shall be in such amounts as established by the City Council.


D. Temporary Lift Stations: The monthly charge for each person served by a temporary lift station shall be in such amount as established by the City Council. (Ord. 35-18, 9-11-2018, eff. 10-1-2018; amd. 2019 Code)


E. Hardship (Low Income) Discount: Residential customers may apply for a hardship (low income) discount on residential sewer service, by making application to the Public Works Department of the City. Applications shall be submitted annually with updated financial information confirming annual family gross income. The Public Works Department may reduce the charges for sewer service by thirty percent (30%) upon determining that the customer is experiencing financial hardship. Financial hardship shall be deemed to exist when an owner's annual family gross income is at or below the low income level indicated for a family of similar size on the current "Low Income Guidelines" chart employed by the City in the administration of the Community Development Block Grant Program, and shall be verified by the previous year's Federal Tax return. (Ord. 35-18, 9-11-2018, eff. 10-1-2018)

10-2-8-2: Restaurant Trunk And Treatment Connection Fees


In order to promote the growth and economic development of the City and in recognition of the unique impact of restaurants upon the City sewer system, the payment of connection fees for restaurants may be deferred as follows:


A. Application: The owner or operator of the restaurant property shall submit an application provided by the Public Works Department;


B. Agreement For Deferral: Upon receipt and verification of the application, the department shall prepare an agreement for the deferral of the payment of connection fees (the option to defer fees will not be extended to owners or operators, including partners within limited liability companies or corporations, who have defaulted on previous restaurant deferrals, whose payments on previous deferrals were past due on 3 or more occasions or who have outstanding sanitary sewer or solid waste utility billings with the City);


C. Maximum Term: The term of the agreement shall not exceed ten (10) years;


D. Assurances: The owner or operator shall post an irrevocable letter of credit, Certificate of Deposit, payment bond or other financial assurances approved by the City Attorney's Office for the sum of the connection fees and interest to be charged on the unpaid balance;


E. Payments; Interest: Payments may be made in equal installments on a monthly or quarterly basis at the option of the applicant and as prescribed by the agreement. Interest shall be assessed at the Wall Street Journal's prime rate as published on the date the agreement is signed; and


F. Recording Of Agreement: The agreement shall be recorded in the Office of the Ada County Recorder. (1952 Code § 8-11-08.02)

10-2-9-2: Waiver Of Requirement To Connect


A. Conditions: The Public Works Department may waive the connection requirements of section 10-2-4-3 of this chapter if the public health does not require immediate connection and the department finds any of the following:

1. Within five (5) years prior to the date upon which connection fees are due, the individual wastewater disposal system serving the building for which a connection waiver is sought, was installed or rebuilt in accordance with a permit issued by the Central District Health Department. If the individual wastewater disposal system was installed three (3) years or less from the date sewer connection fees are due, a waiver may be granted for a period not to exceed five (5) years from the date of installation. If the individual wastewater disposal system was installed more than three (3) years from the date sewer connection fees are due, a waiver may be granted for a period of up to two (2) years from the date such waiver is sought;

2. The single-family dwelling for which a connection waiver is sought is located on a parcel of land five (5) acres or more in size;

3. The owner of a building is experiencing financial hardship. Financial hardship shall be deemed to exist when an owner's annual family gross income is at or below the income level indicated for a family of similar size on the current "Moderate Income Guidelines" chart employed by the City in the administration of the Community Development Block Grant Program, and shall be verified by the previous year Federal Tax return; or

4. The owner of the property has prepaid connection fees prior to sewer being available in accordance with subsection 10-2-6-3G of this chapter.


B. Application: Application for the waiver must be made by the building owner, prior to the date connection fees are due, in accordance with the waiver procedures set forth in section 10-2-9-4 of this chapter. (1952 Code § 8-11-09.02)

10-2-11-2: Civil Remedies


In addition to, and exclusive of, the criminal remedy provided by this chapter, the City may institute any civil action provided by law including, but not limited to, injunctive relief or other actions to prevent, restrain, enjoin, correct, abate, or to recover costs for a violation of this chapter. Furthermore, any person violating any of the provisions of this chapter which shall cause the City:


A. Additional costs to collect, transmit and treat sewage produced within the City sewer system;


B. To be subject to civil penalties imposed by State or Federal Environmental Protection Agencies; or


C. To lose, or jeopardize the holding of, any permit for the use of the Boise River in conjunction with its sewerage treatment system;

shall be subjected to the full remedies available to the City under State and Federal law, including recovery of costs. (1952 Code § 8-11-11.02)

10-2-4-3: Existing Structure For Which Connection Fees Have Been Paid


Except as provided in section 10-2-9-2 of this chapter, any building or structure existing at the time sewer becomes available to the property and for which connection fees have been paid by any person, shall be connected to the City public sewer system not later than nine (9) months from the date sewer service is available to the property on which the building or structure is located. (1952 Code § 8-11-04.03)

10-2-1-3: Applicability Of Chapter


The provisions of this chapter shall apply to all persons who connect to, or have an impact upon, the City sewer system. (1952 Code § 8-11-01.03)

10-2-2-3: Miscellaneous Provisions


A. No Permits Issued For Construction Unless In Compliance: No permit shall be issued for the construction of any building or structure in the City on any lot, tract or parcel of land adjoined by a public sewer, unless the plans and specifications show connections which comply with this chapter.


B. Sewer Annexation Covenant: Any sewer user located outside the City limits, but within the City area of impact, who connects to the public sewer shall be required to execute a request for annexation on the form provided by the Public Works Department.


C. Service Outside City Area Of Impact: Persons outside the City area of impact may request connection to the City sewer system for use of the excess or surplus capacity of the treatment system. Wastewater service may be provided to persons outside the area of impact only if the terms and conditions of the service have been approved by the City Council and the terms and conditions of this chapter and any applicable State or Federal regulations have been satisfied. (1952 Code § 8-11-02.03)


D. Septage Hauling: Septage hauled to the City wastewater treatment facilities will comply with the following:

1. Vehicles: Any vehicle used for the purpose of transporting or hauling septage, sewage or effluent shall be watertight and airtight.

2. Compliance: Every person licensed to transport septage shall comply with all applicable codes and ordinances of the City, and all standards, rules and regulations relating to health and safety prescribed by the Department of Health and Welfare of the State of Idaho, and the Central District Health Department.

3. Agreement Required: Septage will not be accepted at any City wastewater treatment facility or any site or facility discharging to a City wastewater treatment facility, except pursuant to a written agreement with the City setting forth discharge terms, including payment of fees, which the City deems reasonable and necessary. (Ord. 16-14, 4-15-2014)

10-2-3: Regulations For Industrial And Commercial Dischargers


For the purpose of promoting the health, safety and general welfare of its citizens, the City has adopted regulations governing the discharge of industrial and commercial wastewater into publicly owned treatment works. These regulations are contained in chapter 5 of this title. (1952 Code § 8-11-03)

10-2-5-3: Inspections; Right Of Access


A. Authority: The Public Works Department may inspect the equipment and facilities of any users at any reasonable time to ascertain compliance with applicable ordinances, rules and regulations. Persons or occupants of premises where wastewater is created or discharged shall allow department personnel ready access to the premises for the purposes of inspection, sampling, records examination and copying, and performance of their duties. The department shall have the right to set upon the user's property such devices as are necessary to conduct sampling, inspection, compliance monitoring and/or metering operations. Where a user has security measures in force which would require proper identification and clearance before entry into its premises, the user shall make the necessary arrangements with the security guards so that, upon presentation of suitable identification, department personnel will be permitted to enter without delay for the purposes of performing their specific responsibilities. While performing the necessary work on private property, department personnel shall observe all security and safety rules applicable to the premises, as established by the user.


B. Refusal To Admit: If a duly authorized representative of the department is refused admission to a user's premises, the department may discontinue sewer service to the premises until the department has been afforded reasonable access to the premises and private sewer system, so as to accomplish the inspection or sampling. (1952 Code § 8-11-05.03)

10-2-6-3: Capital Fees


A. Trunk Connection Fees:

1. A trunk connection fee shall be imposed upon every person initiating sewer service, changing use of a property already connected to sewer, or increasing the discharge levels of flow. The fee shall be based on values typical of the discharger category, unless otherwise addressed by separate contract.

2. Fees for a change in use or an increase in discharge levels are calculated on an incremental basis as described in subsection F of this section.


B. Treatment Connection Fees:

1. A treatment connection fee shall be imposed upon every person initiating sewer service, changing use of a property already connected to sewer, or increasing the discharge levels of flow, BOD or TSS. The fee shall be based upon flow, BOD and TSS values typical of the discharger category, unless otherwise addressed by separate contract. Fees for a change in use or an increase in discharge levels are calculated on an incremental basis as described in subsection F of this section.

2. A treatment plant connection fee using a fee structure that includes ammonia-nitrogen (NH3-N) as a component may be charged if the City determines, after reviewing the relationship between actual or anticipated BOD and ammonia-nitrogen (NH3-N) discharges, that an atypical discharge is or will be occurring. An atypical discharge will be evaluated against the treatment system design and operating parameters. (A rate system that includes ammonia-nitrogen will have a lower BOD rate than a rate system that does not include ammonia-nitrogen.)


C. Equivalent Assessment Fees: Any person initiating sewer service with the City sewer system who has not otherwise paid for, or contributed proportionately toward, the costs and expenses of constructing a sewer adjacent to or passing through the property, whether that be by the City, a local improvement district, or a private developer, and who subsequently desires to connect to the sewer system, shall be required to pay an additional connection (equivalent assessment) fee computed as follows, unless otherwise approved by the Public Works Commission:

1. For lots up to eighty six thousand (86,000) square feet in area, the fee shall be calculated on the basis of the area of the lot;

2. For single-family flag lots whose area within one hundred twenty five feet (125') of the assessable frontage is less than six thousand (6,000) square feet, or lots with no assessable frontage, a minimum equivalent assessment will be calculated based on a lot of less than six thousand (6,000) square feet;

3. For lots greater than eighty six thousand (86,000) square feet in area, the fee shall be calculated on the basis of the area of the lot fronting the sewer within one hundred twenty five feet (125') of the frontage. However, in no case shall the assessment be less than that for a lot of eighty six thousand (86,000) square feet in area;

4. For single-family lots in excess of eighty six thousand (86,000) square feet in area, the frontage for the property shall only be assessed on the side of the property for which the sewer service is being provided. For all other uses, the assessed frontage shall be calculated on each side of the lot in which sewer is fronting the property, unless otherwise waived by the Public Works Commission. However, in no case shall the assessment be less than that for a lot of forty three thousand five hundred sixty (43,560) square feet in area;

5. Large lots which can legally be further subdivided in the future, and which are not fully utilized by the existing development, will only be charged for the improved area and/or logical boundary of future subdivision/development, with a minimum equivalent assessment fee equal for a lot of forty three thousand five hundred sixty (43,560) square feet;

6. For large lots over two (2) acres in size, which front two (2) or more streets and can legally be subdivided in the future, the fee shall be calculated on the average street frontage basis using the area of the lot fronting the sewer within one hundred twenty five feet (125') of the frontage. For example, a lot with frontage on two (2) streets will have the entire area within one hundred twenty five feet (125') of the frontage calculated and this area divided by two (2) to determine the average street frontage in square feet. However, in no case shall the assessment be less than that for a lot of eighty six thousand (86,000) square feet in area;

7. The equivalent assessment fee may be adjusted to reflect the benefit received by large, open space lots which have a low impact on the sewer system or other criteria as determined by the Public Works Commission. When the equivalent assessment fees for these properties create undue hardship, or fees for such properties are inequitable in the consideration of the Public Works Commission, the equivalent assessment fee shall be calculated on single-family dwelling equivalents. The fee for properties complying with all the above criteria shall be calculated by multiplying the number of single-family dwelling equivalents (SFDEs), based on fixture unit count, by the equivalent assessment amount for a lot of forty three thousand five hundred sixty (43,560) square feet. The total equivalent assessment shall not be less than the assessment for a lot of eighty six thousand (86,000) square feet.


D. New Development Eight Inch Equivalency:

1. For sewers constructed outside of a public right-of-way, an eight inch (8") equivalency fee shall be charged, based upon any or all of the following:

a. Relevant actual construction, engineering and inspection costs for other sewers constructed by the developer within the development;

b. The actual construction and engineering costs of the sewer on which the assessment is due, updated by Engineering News Record construction cost index; or

c. Any other relevant factors that may affect the amount of the assessment.

2. This fee shall be in addition to any other applicable assessment fee and may be reduced by the Public Works Department to reflect additional costs incurred by the developer to upgrade the sewer to current standards.


E. Public Service Line Fee: A fee shall be charged for each public service line provided by the City, based on the size of the service line.


F. Change Of Use: Any person changing use of a property already connected to sewer, or increasing the discharge levels of flow, BOD or TSS, shall pay trunk and treatment fees. These fees will be based on the difference in flows and waste strengths applicable to the property change in use, or increased levels of discharge, less the flows and waste strengths applicable to the most intensive original sewer use at the property within the past ten (10) years. If for example, a single-family residence served by sewer is demolished and replaced with a restaurant, the fees will be based on the difference between the typical flows and waste strengths for a restaurant and typical flows and waste strengths for a residence.


G. Prepayment Of Connection Fees: Any owner of an existing single-family residence within the City and the City area of impact, to which City sewer system service is unavailable, may prepay the connection fees required by this section at the rates in effect at the time of prepayment, subject to the following conditions:

1. The property for which connection fees are being prepaid must have an existing single-family residence constructed on it;

2. The property owner will be required to enter into an agreement with the City which shall absolve the City of any requirement to provide sewer service to the property. This agreement shall be recorded in the Office of the Ada County Recorder;

3. A reasonable administrative fee shall be paid upon execution of the prepayment agreement to cover setup, monitoring and recording fees and costs;

4. The connection fees paid to the City prior to the provision of wastewater system service shall be paid prior to the date on which sewer becomes available; and

5. Any connection fees paid to the City prior to the provision of wastewater system service shall be in cash and shall be nonrefundable. The deferral of connection fees as provided for in section 10-2-8 of this chapter shall not be available to property owners electing to prepay connection fees.


H. Sewer Deposit For Future Connection Of New Subdivision: If a wet sewer is not adjacent to a subdivision or development of land in which the Council has required, as a condition for approving the subdivision plat or development, construction and installation of a wet line sewer served by an interim treatment system in accordance with detailed plans and specifications receiving prior approval, the subdivider or developer shall pay a deposit to the City Treasurer. This deposit shall be paid prior to the certification of the plat by the City Engineer, for the future connection of the sewer or interim treatment system to the wet sewer subsequently constructed and installed adjacent and adjoining the subdivision or development of land. The money so paid shall be deposited to the Sewage Works Fund to be used for the purposes provided in section 10-2-1-8 of this chapter. (1952 Code § 8-11-06.03)


I. Temporary Lift Station Upgrade Fee: If the Public Works Department has approved the use of a temporary lift station to serve a proposed development and if the lift station is undersized to serve the geographical area which may contribute flow to the temporary lift station, the City Council may, as a condition of approving the subdivision or development plat, require the developer to pay a fee for upgrading of the lift station and/or permanently extending the sewer to serve the development if it is needed prior to the logical extension of the gravity sewer. (Ord. 19-15, 5-12-2015)

10-2-10-3: Unlawful To Occupy Or Use Building Without Connection


It shall be unlawful to occupy or use any building or structure in violation of this chapter, and any violation of this chapter shall be punishable as a misdemeanor. (1952 Code § 8-11-10.03)

10-2-7-3: Specified Fees


The following specified fees shall be in such amounts as established by the City Council: (Ord. 23-17, 7-18-2017; amd. 2019 Code)


A. Account Initiation Fee: A one-time fee assessed upon the initiation of a new account. If an additional service (e.g., solid waste service) is also started at the same time, the fee will be split equally between sewer and the second service. (Ord. 35-18, 9-11-2018, eff. 10-1-2018; amd. 2019 Code)


B. Sewer Inspection Fees: The sewer inspection fee shall be per linear foot of sewer installed, excluding service lines. For inspections which are required during any time other than a normal working day, the contractor or developer shall reimburse the City at an hourly rate.


C. Administrative Fees:

1. Residential Deferral: There shall be charged an administrative fee, per agreement, for the processing of deferrals for trunk connection fees and treatment facilities connection fees.

2. Commercial/Brewery/Restaurant Deferral: There shall be charged an administrative fee, per agreement, for the processing of deferrals for trunk connection fees and treatment facilities connection fees.

3. Equivalent Assessment Deferral: There shall be charged an administrative fee for the processing of each deferral for equivalent assessment fees.

4. Commercial Treatment Credit: There shall be charged an administrative fee for the processing of each commercial treatment plant connection credit application.

5. Waiver Application Fees: There shall be charged an administrative fee for the processing of each waiver application.

6. Prepayment Fees: There shall be charged an administrative fee for the processing of each prepayment agreement.


D. Commercial And Restaurant Down Payments Required: In the case of a deferral agreement between the City and a commercial, brewery or restaurant user, an initial payment of a percentage of the imposed connection fees shall be required at the time the agreement is signed.


E. Tap-In Permit Fee: A permit fee shall be charged for each sewer tap.


F. Sewer Plug Permit Fee: A permit fee shall be charged for each structure, regardless of the number of service lines.


G. Disconnection And Reconnection Fees: There shall be a total fee for disconnecting and reconnecting sewer service. (Ord. 23-17, 7-18-2017; amd. 2019 Code)


H. Septage Dumping: There shall be a charge per thousand gallons of septage, sewage, or effluent dumped, but such charge shall never be less than the minimum established by the City Council for each use or act of dumping. There shall be a surcharge for after hours dumping.


I. Decant Facility Service: The fees for decant disposal service shall be a minimum for up to one cubic yard of material, plus an additional fee for each additional cubic yard rounded up to the nearest whole yard. This charge shall be based on the amount of materials deposited into the Decant Facility as determined from a physical measurement of the debris pile by a Boise City employee. (Ord. 35-18, 9-11-2018, eff 10-1-2018; amd. 2019 Code)


J. Door Tag Fee: A door tag fee shall be charged to the customer for the second and all subsequent times a door tag is hung on the property prior to sewer service termination.


K. Watershed Program Fee: An administrative fee may be charged for programs provided by the City at the Boise Watershed. (Ord. 23-17, 7-18-2017; amd. 2019 Code)

10-2-8-3: Residential Trunk And Treatment Connection Fees


Payment of connection fees, by an owner of an existing residential structure, may be deferred as follows:


A. Agreement For Deferral: The Public Works Department shall prepare an agreement for the deferral of the payment of fees;


B. Maximum Term: The term of the agreement shall not exceed fifteen (15) years;


C. Payments: Payments shall be made in equal installments on either a monthly, or quarterly basis, at the option of the applicant and as prescribed by the agreement;


D. Interest: Interest on the unpaid balance will be assessed at the Wall Street Journal's prime rate, as published on the date the agreement is signed; and


E. Recording Of Agreement: The agreement shall be recorded in the Office of the Ada County Recorder. (1952 Code § 8-11-08.03)

10-2-9-3: Wet Line Waiver


The Public Works Department may waive the wet line connection requirement specified in section 10-2-4-1 of this chapter, subject to such reasonable conditions that the department deems appropriate, if it finds all of the following applicable:


A. Feasibility: The extension of wet line sewer to the structure is not financially feasible for the property owner and/or the City;


B. Adequate Service: Until sewer service is available, the structure can be adequately served by:

1. A septic tank which will be compatible with future sewer lines; or

2. Another existing sewage treatment alternative (package treatment plant, lagoon system or central septic tank) which is reasonably available and has been approved and certified by the appropriate government agency as adequate to service the structure until sewer service becomes available. The existence of the maintenance agreement for the alternate treatment system shall also be taken into consideration;


C. Compatibility: The proposed construction is compatible with the other goals and policies of the City Comprehensive Plan. (1952 Code § 8-11-09.03)

10-2-11-3: Delinquency Of Payments


A. All City sewer system charges and fees not paid within or by the time periods required by this chapter, or dates required under agreements entered into in accordance with section 10-2-8 of this chapter, shall be considered delinquent.


B. All City sewer system and service charges and fees which are delinquent will be charged a late payment charge of one and one-half percent (1.5%) per month, which will be added to the outstanding balance. In addition, all sewer system charges, excluding service charges, which are due and payable, shall constitute a lien upon and against the property or premises being served by and connected to the City sewer system. The delinquent charges, together with a penalty of ten percent (10%) added thereto shall be certified to the Tax Collector of Ada County in the manner and at the time required by Idaho Code section 50-1008. (1952 Code § 8-11-11.03)

10-2-10-4: Septage Dumping Prohibited


Within the City and the City area of impact, it shall be unlawful for any person to deposit, dump, place or leave septage, sewage, effluent or other byproduct from any individual or wastewater disposal system, at a location other than a designated treatment facility. Septage will not be accepted at any City wastewater treatment facility or any site or facility discharging to a City wastewater treatment facility, except pursuant to a written agreement with the City setting forth discharge terms, including payment of fees, which the City deems reasonable and necessary. (Ord. 16-14, 4-15-2014)

10-2-4-4: Existing Structure For Which Connection Fees Have Not Been Paid


Any building or structure existing at the time sewer becomes available to the property, for which connection fees have not been paid by any person, shall not be required to be connected to the City sewer system unless immediate connection is required to protect public health or connection is required by a public agency. (1952 Code § 8-11-04.04)

10-2-1-4: Title; Objectives


A. Title: This chapter shall be known as the BOISE CITY SEWER ORDINANCE.


B. Objectives: The objectives of this chapter are to:

1. Prevent the introduction of pollutants into the wastewater system which will interfere with the operation of the system, contaminate the resulting biosolids, cannot be adequately treated or that would otherwise be incompatible with the wastewater system;

2. Set forth uniform requirements for direct and indirect contributors into the wastewater collection and treatment system, and enable the City to comply with all State and Federal laws applicable to the treatment of wastes and discharges of clean and safe water;

3. Improve the opportunity to recycle and reclaim wastewaters and biosolids from the system; and

4. Provide for equitable distribution, among users, of the cost of the wastewater system. (1952 Code § 8-11-01.04)

10-2-4: Connection Requirements

10-2-6-4: Wastewater System Operation And Maintenance Fees


A. Service Charges And Fees: This provision shall establish a system of periodic service charges and fees for the purpose of equitably imposing upon all users the costs and expenses of operation, maintenance, repair and replacement of the wastewater system. The service charges and fees shall be based upon: 1) the volume and content of effluent discharged into the wastewater system of the City; and 2) the costs and expenses of operation, maintenance, repair and replacement of the wastewater system, such charges and fees having been determined to be the benefit derived by each building, structure or user being charged. The system of periodic service charges and fees shall consist of the following categories: facility replacement, operation and maintenance, and fixed charge for zero use.

1. Facility Replacement: The purpose of this category is to accumulate a reserve for replacement of the wastewater system. This reserve shall be based on the total historical costs for the applicable facilities and equipment.

2. Operation And Maintenance: The purpose of this category is to recover, equitably from all users, the costs and expenses incurred by the City in operating and maintaining the wastewater system.

3. Fixed Charge For Zero Use: The purpose of this category is to equitably apportion among all customers a portion of those fixed costs which continue to be incurred whether or not individual customers utilize the wastewater system. Such costs include, but are not limited to, costs attributable to providing basic office staff for the administration of the City sewer system. Payment of these costs shall be made by all customers, including those with zero flow discharge.


B. When Payment Is Due: Service charges and fees imposed pursuant to this section shall be received by the City by the due date shown on the invoice or billing statement.


C. Deposits:

1. Deposits are not required for new service unless the user:

a. Is rated as a poor credit risk by a reputable credit bureau;

b. Has had an overdue bill three (3) times with any utility in the past four (4) years;

c. Has supplied false information at the time of application for service; or

d. Has filed for bankruptcy.

2. A deposit for residential service shall be equal to three (3) months worth of estimated charges. A deposit for commercial service shall be equal to two (2) months worth of estimated charges. The deposit will be refunded or credited when the user no longer requires service or has paid all bills satisfactorily for twelve (12) consecutive months.

3. Instead of paying a deposit, user may receive service if someone else signs a guarantee for his bill. This person, called the "guarantor" must be rated as a good credit risk by a reputable credit bureau. The guarantor is responsible for an amount equal to the deposit, but will be released from this obligation after twelve (12) consecutive months of satisfactory payments have been made by the user.


D. Unmonitored Connections: The monthly sewer service charge or fee for each property owner whose connection to the wastewater system is unmonitored shall be based upon the winter water use of such owner or user, plus the fixed charge for zero use.


E. Monitored Connections:

1. The monthly service charge or fee for each sewer user whose connection to the wastewater system is monitored shall be established by the Public Works Department based upon: a) flow; b) the concentration of BOD; c) the concentration of TSS; d) other special constituents that may require treatment; and e) the fixed charge for zero use, and in accordance with monitored waste charges, unless otherwise specified by a separate contract.

2. If the City determines by reviewing the relationship between actual or anticipated BOD and ammonia-nitrogen (NH3-N) discharges that an atypical discharge is or will be occurring, a monthly service charge or fee may be charged using ammonia-nitrogen (NH3-N) as an additional component. An atypical discharge will be evaluated against the treatment system design and operating parameters. (A rate system that includes ammonia-nitrogen will have a lower BOD rate than a rate system that does not include ammonia-nitrogen.)


F. Temporary Lift Stations: For each person served by a temporary lift station, there shall be a fixed, monthly charge until such time as the property owner or sewer user is no longer served by the temporary lift station. If served by more than one temporary lift station, the temporary lift station maintenance and operation fee shall only be charged for the nearest downstream station.


G. Users Served By Wells:

1. Well Meters For Commercial Users:

a. Each commercial property owner or sewer user not serviced by a public water supplier with water, but having a private well or water supply for commercial or industrial purposes, shall install and maintain, at his or its own expense, a water meter capable of measuring the total gallons or cubic feet per day of water being used for those purposes. Such meter shall be:

(1) Approved by the Department of Public Works prior to installation;

(2) Installed within sixty (60) days after receiving written approval from the department; and

(3) Situated upon the property to be accessible to the department at all times during normal working hours.

b. The Public Works Department may waive these requirements for commercial property owners if it can be determined that the user is a low consumption user and monthly charges can be estimated by the department.

2. Residential Well Users: The monthly sewer service charge or fee for each property owner or user whose connection to sewer is unmonitored, and whose record of water consumption is unmetered or unavailable, shall be fixed by the Public Works Department based upon the fees established in subsection 10-2-7-2B of this chapter, and the cubic feet of water discharged into the City sewer system as determined by the department. However, in the case of single-family dwellings with unmetered or unavailable water consumption records, the cubic feet discharge is determined as follows:

Number Of Residents Water Consumption/Month
1 200
2 400
3 700
4 900
5 1,100
6 1,300
7 1,500
8 and above 1,700

(1952 Code § 8-11-06.04)

10-2-5-4: Tap-ins


A. General: Responsibility for the construction and cost of the sewer tap-in and public service line, located in a public right-of-way or sanitary sewer easement, shall be that of property owner whose property is being connected to the wastewater system, or the person causing the connection to be made. Upon completion and acceptance by the Public Works Department, the sewer tap-in and public service line shall become a part of the City sewer system.


B. Permit Required: A sewer tap permit, issued by the Public Works Department, is required prior to the construction or repair of any sewer tap-in, including the plugging of any old tap at the time the new tap is constructed, as well as any construction or repair of any public sewer system pipe located in a public right-of-way or sanitary sewer dedicated easement which is connected to an existing sewer lateral, trunk, interceptor or manhole. Applications for the permit may be obtained from the department. All applicable sewer connection fees must be paid prior to issuance of a sewer tap permit. This sewer tap permit will expire one hundred eighty (180) days from the date of issuance. A separate plumbing permit shall not be required for tap-ins to the public sewer system, although plumbing permit requirements shall be applicable to all plumbing work upon private property.

1. Failure To Obtain Permit: Any person who shall commence any work for which a permit is required by this chapter, without first having obtained that permit shall, if subsequently permitted to obtain the permit, pay double the permit fee fixed by subsection 10-2-7-3E of this chapter for such work.

2. Exception For Emergency Work: This provision shall not apply to emergency work when it shall be proved to the satisfaction of the department that such work was urgently necessary, and that it was not practical to obtain a permit before commencement of the work. In all such cases, a permit must be obtained as soon as it is practical to do so. A double fee shall be charged if there is an unreasonable delay in obtaining the permit.

3. Waiver For Certain Developments: The requirement of a sewer tap permit may be waived if a development has requirements of platting with separate conditions for payment of sewer tap fees with the inspection fees.


C. Construction Specifications: Construction of the sewer tap-in shall conform to the City "sewer tap" specifications, available at the Public Works Department, and issued to the applicant at the time of permit application. Only plumbers licensed in accordance with the provisions of title 9, chapter 4 of this Code, or contractors having a valid Idaho public works license, shall be authorized to make the actual tap-in to the Boise City sewer.


D. Approval Of Public Works Department Required: Prior to, and during, any work or alteration on any City sewer as part of a sewer tap-in, the proposed sewer tap-in must be inspected and approved by a public works inspector. Request for inspection must be made to the Public Works Department at least twenty four (24) hours prior to the proposed sewer tap-in. Inspections will be made during a normal working day.


E. Failure To Inspect: Any person who connects to the City sewer system without inspection and approval by a public works inspector may be required, at their expense, to excavate the pipeline facilities constructed and disconnect the sewer tap-in from the public sewer, in order for proper inspection to be made. This disconnection must be made in compliance with section 10-2-5-5 of this chapter. (1952 Code § 8-11-05.04)

10-2-8-4: Deferral Of Brewery Trunk And Treatment Connection Fees


In recognition of the unique impact of breweries upon the City sewer system, the payment of connection fees for breweries may be deferred as follows:


A. Application: The owner or operator of the brewery property shall submit an application provided by the Public Works Department;


B. Agreement: Upon receipt and verification of the application, the department shall prepare an agreement for the deferral of the payment of connection fees. The option to defer fees will not be extended to owners or operators, including partners within limited liability companies or corporations, who have defaulted on previous deferral agreements with the City or whose payments on previous deferrals were past due on three (3) or more occasions or who have outstanding sanitary sewer or solid waste utility billings with the City;


C. Term: The term of the agreement shall not exceed ten (10) years;


D. Financial Assurances: The owner or operator shall post an irrevocable letter of credit, Certificate of Deposit, payment bond, or other financial assurances approved by the City Attorney's Office for the sum of the connection fees and interest to be charged on the unpaid balance;


E. Additional Capacity: The owner or operator shall agree to provide the City information necessary to determine future capacity use and agree to pay connection fees for any additional capacity required by the brewery;


F. Payments; Interest: Payments may be made in equal installments on a monthly or quarterly basis at the option of the applicant and as prescribed by the agreement. Interest shall be assessed at the Wall Street Journal's prime rate as published on the date the agreement is signed; and


G. Recording: The agreement shall be recorded in the Office of the Ada County Recorder. (Ord. 23-17, 7-18-2017)

10-2-9-4: Waiver Procedures; Commercial Treatment Credit Procedure


A. Application: All requests for waivers, as well as a request for a commercial treatment credit must comply with the following procedures:

1. An application must be submitted to the Public Works Department on a form provided by the department. If the department does not provide such a form, the application must be submitted to the department in writing; and

2. The application must state the specific grounds upon which the waiver is sought.


B. Department Decision; Appeal: Upon receipt of the application, the department shall review it and make a decision, in writing, within thirty (30) days. The decision of the department may be appealed to the Public Works Commission.


C. Notice Of Appeal: Notice of appeal shall be filed with the department within fifteen (15) days of the department's written decision granting or denying the waiver request, and should state the specific grounds upon which the appeal is based.


D. Meeting: Upon receipt of the notice of appeal, the Public Works Commission shall review it at a regularly scheduled meeting of the commission. Notice of the time and place at which the commission shall review the appeal shall be provided to the applicant within five (5) days of the date scheduled for review of the appeal. On the scheduled review date, the applicant may appear and present testimony to the Public Works Commission.


E. Burden Of Eligibility On Applicant: The applicant shall bear the burden of demonstrating eligibility for a requested waiver. The decision of the commission granting or denying a waiver, as well as its findings, shall be in writing. The decision of the commission may be appealed in accordance with section 10-2-9-9 of this chapter. (1952 Code § 8-11-09.04)

10-2-11-4: Disconnection Of Sewer For Nonpayment


A. Reasons For Disconnect: Sewer service can be discontinued for any of the following reasons:

1. Failure to pay sewer fees by the due date;

2. Failure to submit any deposits imposed pursuant to this chapter;

3. Failure to abide by the terms of a sewer fee payment arrangement or agreement;

4. Misrepresenting the identity of the user to receive service;

5. Failure to apply for service or connecting to the City sewer system without the knowledge or approval of the City;

6. Failure to abide by any provision of this chapter.


B. Notice And Right To Hearing:

1. Except in the event that public health requirements dictate immediate disconnection, written notice of the intent to terminate service shall be provided to the user at least fourteen (14) calendar days prior to the disconnection/termination date. In the case of a rental arrangement, the property owner will be sent a courtesy copy of the notice. The notice of termination shall contain the following:

a. The user's name and last known mailing address;

b. The address or addresses where the service is being provided;

c. A statement of the basis for the proposed termination;

d. If the proposed termination is for nonpayment of fees, a statement of the amount of such nonpayment;

e. A statement that the user has ten (10) calendar days upon receipt of the registered letter to request a pretermination hearing before the Public Works Director or his/her designee;

f. A statement that if the user does not request a hearing or appear at the hearing, the basis for the termination, including the amount of fees due, will be deemed to be correct and the user's sewer service may be disconnected immediately thereafter.

2. The pretermination hearing shall be held no sooner than seven (7) calendar days from the date the request for hearing is made by the user. If the user appears at the hearing, the Public Works Director or designee shall hear the user's evidence and testimony, review and examine the testimony and evidence presented and render a decision based upon such testimony and evidence and upon the records of the City. The Public Works Director or designee may render a decision at the hearing or may render a decision in writing, and in such case will mail or otherwise provide a written copy of the decision to the user. The decision of the Public Works Director or designee may be appealed to the Public Works Commission within ten (10) calendar days of the date the decision is rendered using the provisions set forth in section 10-2-9-8 of this chapter. If the user fails to request a pretermination hearing, appear at the hearing or fails to timely appeal a decision of the Director or designee determining that the termination of service should proceed, the Director or designee may issue an order to shut off and discontinue service to the user.

3. Prior to termination, the City shall notify the Central District Health Department, appropriate plumbing authority and the user's water service provider. A request will be made by the City to shut off water service to the affected premises prior to sewer disconnection. Except in an emergency, sewer service disconnection will not take place after twelve o'clock (12:00) noon on Fridays, Saturdays, Sundays, City holidays or after twelve o'clock (12:00) noon on any holiday eves.

4. Reconnection of sewer will take place only after the reason for the termination has been remedied, including the payment of all overdue system fees and charges, deposits, disconnection fees and reconnection fees. (1952 Code § 8-11-11.04)

10-2-5: Wastewater Collection System

10-2-1-5: Composition Of Sewer System


All land sites, sanitary sewers, wastewater treatment works, their appurtenances, equipment, materials and supplies owned and used by the City to collect, treat and recycle wastewater from property within the City and the City area of impact constitute the City sewer system. (1952 Code § 8-11-01.05)

10-2-5-5: Plugs


A. Sewer Plug Permit Required: It shall be a violation of this section for any person to abandon, remove or cause to be abandoned or removed, any sewer service lines attached or connected to the City sewer system without first obtaining a sewer plug permit from the Public Works Department. Applications for the permit may be obtained from the department.

1. Failure To Obtain Permit: Any person who shall commence work without first obtaining the required permit shall, if subsequently permitted to obtain a permit, pay double the permit fee provided for in subsection 10-2-7-3F of this chapter.

2. Exception For Emergency Work: This provision shall not apply to emergency work when it shall have been proved, to the satisfaction of the department, that such work was urgently necessary and that it was not practical to obtain a permit before the commencement of the work. A double fee shall be charged if there is an unreasonable delay in obtaining the permit.


B. Plug Or Cap Required: Any person abandoning, removing or causing to be abandoned or removed, a private service line attached or connected to the City sewer system shall plug or cap such service line at a location between the service line and property (easement) line in a manner and location approved by the Public Works Department. The cost and installation of the plug shall be the responsibility of the person who disconnects such service line from the City sewer system.


C. Inspection Required: Prior to, and during, any work or alteration of the private service line as part of the plugging or capping, the proposed plug or cap must be inspected by a public works inspector. Request for inspection should be made to the Public Works Department at least twenty four (24) hours prior to the proposed sewer plugging. Inspections will be made during a normal working day.


D. Failure To Inspect: Any person who disconnects, plugs or caps a service line in violation of this section, may be required, at their own expense, to excavate the service line to allow an inspection to be made. (1952 Code § 8-11-05.05)

10-2-6-5: Miscellaneous Fees


A. Account Initiation: This is a one-time fee that will be assessed upon the initiation of a new account. It will cover the administrative costs associated with performing credit checks and establishing new account information.


B. Sewer Inspection Fees: Any person who shall install a trunk or lateral sewer shall pay a sewer inspection fee to cover the costs of inspection of the installation and construction of trunk, branch, lateral and sewer mains and service lines, as well as inspection of the necessary and required service connections, manholes, related structures and appurtenances in accordance with the plans and specifications on file with the Public Works Department, and in accordance with the directions and specifications of the department. In the event sewer inspection is required during any time other than a normal working day, the developer or his contractor shall reimburse the City at rates established by the department.


C. Deferral, Waiver, Prepayment And Permit Administrative Fees: Reasonable administrative fees will be charged for the processing of fee deferral and waiver applications, prepayment agreements and the issuance of permits.


D. Disconnection And Reconnection Fees: Reasonable fees may be charged to cover all costs of disconnecting and/or reconnecting sewer service that has been terminated because of nonpayment of fees.


E. Septage Dumping: A charge shall be imposed for each act of dumping septage, wastewater or effluent to a City wastewater treatment facility. This charge shall be based on the actual gallonage of wastewater dumped as measured by approved measuring devices or according to marked gallonage on the truck. The approved measuring devices shall be calibrated in one hundred (100) gallon increments and charges shall be made to the nearest one hundred (100) gallons. A flat fee for dumping septage, wastewater or effluent after scheduled hours is also imposed.


F. Decant Facility Service: A charge shall be imposed for each act of receiving and disposing of sediment and debris from sewers and storm drains into a City decant facility typically collected by means of a vehicle commonly referred to as a hydrocleaner.


G. Door Tag Fee: A fee shall be charged for hanging a door tag to warn of sewer service termination for the second and subsequent events to the same customer at the same address. There shall be no charge for the first time a door tag is hung on a property.


H. Watershed Program Fee: Reasonable administrative fees may be charged to recover the cost of providing educational programs at the Boise Watershed. (Ord. 23-17, 7-18-2017)

10-2-8-5: Deferral Of Equivalent Assessment Fees


Additional connection (equivalent assessment) fees imposed pursuant to subsection 10-2-6-3C of this chapter may be deferred as follows:

Payment of connection fees, by an owner of an existing structure, may be deferred as follows:


A. Agreement: The Public Works Department shall prepare an agreement for the deferral of the payment of fees;


B. Term: The term of the agreement shall not exceed fifteen (15) years;


C. Payments: Payments shall be made in equal installments on either a monthly or quarterly basis, at the option of the applicant and as prescribed by the agreement;


D. Interest: Interest on the unpaid balance will be assessed at the Wall Street Journal's prime rate as published on the date the agreement is signed;


E. Recording: The agreement shall be recorded in the Office of the Ada County Recorder. (Ord. 23-17, 7-18-2017)

10-2-9-5: Sewage Pump Appeal For Undue Hardship


In the event a single-family building owner is required to install a pump and believes the required installation creates an undue hardship, the building owner may file an appeal with the Public Works Commission, citing the reasons for the undue hardship and requesting a hearing before the commission. The commission shall hold a hearing pursuant to the appeal procedures set forth in section 10-2-9-8 of this chapter. (1952 Code § 8-11-09.05)

10-2-10-5: Harmful Substances Prohibited


Unless allowed by a service contract or industrial discharge permit, it shall be unlawful to permit or cause flow of any of the following substances into the public sewer:


A. Any grease, fatty material, offal or garbage;


B. Any stone dust, sand, dirt, gravel, sawdust, metal filings, broken glass or any other material which may cause an obstruction in the sewer;


C. Gasoline, benzene, fuel oil, phenols or cresols, or any petroleum products or volatile liquids, or any wastes which create a fire explosion hazard;


D. Milk, or any liquid milk waste products, in quantities in excess of ten (10) gallons during each twenty four (24) hour period;


E. Any cyanide, phenols or other chemical substance which interferes with or prevents the functioning of the sewer system or wastewater treatment facilities;


F. Paint or waste products from paint manufacturing;


G. Radioactive wastes;


H. Any material from cesspools and septic tanks, other than effluent;


I. Any other matter, substance or liquid deleterious to the sewer system and wastewater treatment facilities or which shall endanger the employees, operation or treatment processes of wastewater disposal, or which shall cause encrustation or otherwise chemically or physically corrode or erode the sewer system and wastewater treatment facilities. In no case shall wastes with a pH lower than 5.0 be permitted into the public sewer. (1952 Code § 8-11-10.05)

10-2-1-6: Public Works Commission


A. System Policy: Pursuant to the authority granted by title 2, chapter 6 of this Code, the Public Works Commission shall advise the City Council on policy matters pertaining to the wastewater system.


B. Authority Of Commission: The commission shall have the authority to:

1. Study, evaluate and maintain continuing review and appraisal of the effectiveness of existing and proposed wastewater systems and facilities, programs, policies and activities of the City sewer system to ensure that the systems and facilities are designed, operated and maintained so as to meet the requirements of Federal, State and local bodies;

2. Review and recommend the type, location and method of financing the construction, installation, replacement and operation of improvements and extensions to the wastewater system in a manner consistent with Federal, State and local policies and regulations;

3. Review and recommend rates and fees for the use of, and the services rendered by, the wastewater system;

4. Review and recommend changes or additions to the ordinance regulating the use of wastewater systems; and

5. Propose and promulgate, subject to ratification by the City Council, rules and regulations for the control and regulation of wastewater systems and facilities within their control.


C. Appeal: Final decisions by the Public Works Department may be appealed to the Public Works Commission pursuant to the requirements set forth in section 10-2-9-8 of this chapter. Final decisions of the Public Works Commission may be appealed to the City Council pursuant to section 10-2-9-9 of this chapter. (1952 Code § 8-11-01.06)

10-2-5-6: Construction Of Sewer


A. Location: All public sewers shall be installed only in the dedicated public streets or alleys or in easements that grant to the City rights that are at least equal to rights it would enjoy in the dedicated streets or alleys.


B. Specifications: The size of the sewers required to serve any part of the City shall be determined by the Public Works Department. The slope, depth, alignment and materials of construction of the sewers, as well as the methods to be used in excavation, placing of the pipe, jointing, testing, backfilling the trench and all other work, shall conform to the requirements of this chapter, and any policies and specifications promulgated by the City, as well as laws, rules and regulations of Federal, State and local entities. All phases of public sewer construction shall be inspected and approved by the City.


C. Licenses: No person, except plumbers licensed in accordance with the provisions of title 9, chapter 4 of this Code, or contractors having a valid Idaho public works license, shall be authorized to install a public service line. No person except contractors with a valid Idaho public works license shall install a public sewer.


D. Private Development Projects: All public sewers required to serve a proposed subdivision or other significant development shall be installed, or caused to be installed, by the subdivider or developer in accordance with the provisions of this chapter.


E. Ownership Transferred And Maintenance Assumed By City: Upon City issuance of a certificate of final completion, the City shall assume ownership and maintenance of the public sewer. However, the developer shall be responsible for correcting any defects that shall be found or occur within the warranty period. (1952 Code § 8-11-05.06)

10-2-6: Fee Authority; Credits

10-2-6-6: Credits


A. Residential Pump Credit:

1. In the event installation of a pump is required to enable an existing single-family residential structure to be served by the public sewer system, the user shall receive a credit of up to five thousand two hundred dollars ($5,200.00) against the fees imposed under subsection 10-2-6-3A of this chapter, and the equivalent assessment (public service line fee not included) under subsection 10-2-6-3C of this chapter, if either of the following situations exist:

a. The public sewer was constructed and accepted for service prior to January 1, 1996; or

b. The public sewer was constructed on or after January 1, 1996, but was not constructed to at least the sewer design policy depth guidelines approved by the Public Works Commission.

2. However, the amount of the credit cannot exceed the fees imposed under subsections 10-2-6-3A and C of this chapter.


B. Credit For Treatment Connection Fees For Commercial Property:

1. For the purposes of this provision, the term "owner or operator" shall mean any person who has previously paid the City sewer connection fee requirements for connection to the system.

2. Any owner or operator of a commercial, industrial or institutional business connected to the City sewer system who is changing the site of such business to another location having access to the City sewer system, may apply for a credit of the treatment plant connection fees imposed by subsection 10-2-6-3B of this chapter, pursuant to the procedures set forth in section 10-2-9-4 of this chapter.

3. The Public Works Department may give a credit for all or a portion of the connection fee requirements if it finds all of the following are applicable:

a. The nature of the business has not changed;

b. No additional treatment capacity will be required; and

c. Under the particular circumstances of the case, imposition of the connection fee requirements would impose an undue hardship upon the owner or operator.

4. The right to seek a credit for connection fees is nontransferable. Credits on the original property shall be reduced by the amount of connection fee waived.

5. The application for the treatment plant connection credit must be submitted prior to the time those connection fees are due.


C. Length Of Sewer Connection Credits: Nonuse of a City sewer system service connection for a period of ten (10) years shall constitute a relinquishment of any right to the use of such service connection and the wastewater system, as well as the relinquishment of any sewer connection credits. Resumption of service shall require payment of the current fees for new connections. Sewer connection credits are not transferable between parcels. Credits will be utilized in the order construction plans are reviewed by public works staff. (1952 Code § 8-11-06.06)

10-2-9-6: Service Charges And Capital Fees Appeals


A. Notice of all service charges and fees fixed and established by the Department of Public Works pursuant to section 10-2-6-4 of this chapter shall be given by mailing notice thereof to the owner, if known, or the occupant or person in custody, control and possession of said property. Any property owner, or user of the sewer system, feeling aggrieved by the service charges or rates established by the department may, within ten (10) days after the mailing of said notice, file a notice of appeal with the Public Works Commission. The commission shall hold a hearing pursuant to the appeal procedures set forth in section 10-2-9-8 of this chapter.


B. Capital fees fixed and determined by the Department of Public Works, pursuant to section 10-2-6-3 of this chapter may, within ten (10) days of notice of the amount of such charges, be appealed to the Public Works Commission. The commission shall hold a hearing pursuant to the appeal procedures set forth in section 10-2-9-8 of this chapter. (1952 Code § 8-11-09.06)

10-2-10-6: Emergency Suspension Of Service


The City may, after informal notice to the user in writing or in person or by telephone, order the suspension of wastewater system service if it appears to the City that an actual or threatened discharge presents an imminent or substantial danger to the health or welfare of persons or the safety of property, or substantial danger to the environment. (1952 Code § 8-11-10.06)

10-2-1-7: Public Works Department Director


The Director shall have the authority to:


A. Regulate the volume and flow rate of discharge to the wastewater system;


B. Establish permissible limits of concentration for various specific substances, materials, waters or wastes that can be accepted into the wastewater system;


C. Specify those substances, materials, waters or wastes that are prohibited from entering the wastewater system;


D. Specify standards for installation of wastewater lines and services;


E. Enforce local compliance with Federal standards promulgated pursuant to the Federal Water Pollution Control Act, also known as the Clean Water Act, codified as amended in 33 USC section 1251 et seq.;


F. Recommend or establish reasonable fees for administrative processes; and


G. Establish policies for operations of the City sewer system. (1952 Code § 8-11-01.07)

10-2-5-7: Financing Sewers


The costs of constructing sewer trunk and lateral lines shall be financed and paid for as follows:


A. From the Sewage Works Fund created by this chapter and as authorized by the Council; or


B. By the creation of a local improvement district as provided by Idaho Code title 50, chapter 17; or


C. By the property owners specially benefitted by the construction of the trunk and lateral sewer; or


D. By a combination of subsections A, B and C of this section as in the judgment of the City Council may be fair and equitable in consideration of the benefits accruing to the property owners within the area in which the sewer trunk and lateral lines will be constructed, as well as the financial condition of the City and the property owners in the area. (1952 Code § 8-11-05.07)

10-2-7: Fees And Charges

10-2-9-7: Appeal Of Decision To Disconnect Sewer


Decisions of the Public Works Director or designee to allow disconnection of sewer service may be appealed to the Public Works Commission, within ten (10) calendar days of the date the hearing decision is rendered, using the provisions set forth in section 10-2-9-8 of this chapter. The decision of the commission upon appeal may be appealed to the City Council in accordance with section 10-2-9-9 of this chapter. (1952 Code § 8-11-09.07)

10-2-10-7: Infiltration Prohibited; Stormwater; Excess Discharge


Inflows of surface and excessive infiltration are prohibited. Such prohibited sources of inflow shall include, but not be limited to, the following: heating or cooling system discharges in excess of two thousand (2,000) gallons per day, stormwater connections, subwater drains, foundation drains, roof drains, street drains. Infiltration greater than two hundred (200) gallons per day per inch diameter per mile of pipe shall be prohibited. Variances may be granted as determined by the Public Works Department. (1952 Code § 8-11-10.07)

10-2-1-8: Sewage Works Fund


There is hereby created a special fund to be designated as the Sewage Works Fund (commonly known as the Sewer Fund). All service charges and fees received and collected pursuant to the provisions of section 10-2-6-4 of this chapter, all connection fees received and collected pursuant to the provisions of section 10-2-6-3 of this chapter, and all monies and receipts from contract charges or from any other source as provided by the provisions of this chapter shall be deposited to the credit of the Sewage Works Fund and such monies are hereby set aside and perpetually appropriated for, and shall be expended only for, the payment of:


A. Costs and expenses of maintenance, operation, replacement and repair of the wastewater system;


B. Constructing and extending a wastewater system consisting of, but not limited to, sewers, trunks and lines, manholes, pumps, related structures and appurtenances, and facilities for the treatment and disposal of sewage, wastewater and other matter;


C. The retirement of debt incurred in the construction and operation of the City sewer system; and


D. Expenditures and uses authorized by the Idaho Revenue Bond Act. (1952 Code § 8-11-01.08)

10-2-5-8: Extensions And Reimbursement Percentages


A. Construction: A user may, with prior approval of the City, finance and construct an extension to the sewer system, if the extension is designed and constructed in accordance with City standards.


B. Reimbursement:

1. The user may be reimbursed, as outlined below, for the proportionate cost of the sewer benefiting adjacent or other property by entering into a written agreement with the City if any of the following apply:

a. The extension is located outside the user's property (off site) and provides sewer service to adjacent or other property;

b. The extension is within the user's property (on site) and is a gravity sewer larger than eight inches (8") in diameter;

c. The eight inch (8") diameter gravity sewer within the user's property (on site) is required by Public Works to be deeper than twelve feet (12') to serve upstream properties;

d. The extension is a permanent lift station and/or force main; or

e. The extension is a temporary lift station and/or force main which the City has required to be oversized in order to accommodate an area larger than the developer's property.

2. To be eligible for reimbursement, the user must, unless otherwise approved by the City Engineer, do the following:

a. Design the sewer facilities in accordance with the City master sewer plan and receive City approval of the sewer construction plans and specifications;

b. Construct sewers in accordance with the City approved plans and specifications;

c. Receive three (3) bids for the sewer construction and select the lowest responsive bid as determined in a public bid opening; and

d. Receive preliminary plat approval from City Council for the development being served by the sewer.


C. Amount Of Reimbursement:

1. Off Site Gravity Extensions: The amount of reimbursement owed to the user for off site sewer extensions shall be based upon actual construction costs and may also include reasonable engineering and easement acquisition costs approved by the City.

2. On Site Gravity Extensions: The amount of reimbursement owed to the user of on site "oversizing or overdepth" line extensions shall be determined by multiplying the percentages listed in the tables below, by the actual construction costs for the various pipe sizes and depths required for the project. Engineering costs for on site oversizing and overdepth sewer construction are not eligible for reimbursement.
ON SITE SEWER PIPELINE REIMBURSEMENT PERCENTAGE

Pipe Depth (Feet) Pipe Size (Inches)
8 10 12 15 18 21 24 27 30 36 42
12 or less 0% 11.8% 21.7% 33.5% 44.9% 53.3% 59.8% 64.9% 68.6% 78.8% 82.7%
13 6.1% 17.9% 26.6% 37.1% 47.4% 55.1% 61.1% 65.9% 69.5% 79.2% 83.0%
14 12.1% 23.9% 31.4% 40.6% 49.9% 56.9% 62.5% 66.9% 70.3% 79.6% 83.2%
15 17.6% 29.4% 35.9% 44.0% 52.4% 58.8% 63.9% 68.0% 71.2% 80.0% 83.5%
16 22.7% 34.5% 40.2% 47.3% 54.7% 60.6% 65.3% 69.1% 72.1% 80.5% 83.8%
17 27.4% 39.2% 44.1% 50.4% 57.0% 62.3% 66.6% 70.2% 73.0% 80.9% 84.1%
18 31.8% 43.6% 47.8% 53.3% 59.3% 64.0% 68.0% 71.3% 73.9% 81.3% 84.4%
19 33.8% 45.6% 49.6% 54.7% 60.3% 64.9% 68.7% 71.8% 74.3% 81.6% 84.6%
20 35.9% 47.7% 51.3% 56.2% 61.4% 65.7% 69.3% 72.4% 74.8% 81.8% 84.8%
21 37.3% 49.6% 53.0% 57.6% 62.5% 66.6% 70.0% 73.0% 75.3% 82.1% 84.9%
22 39.8% 51.6% 54.7% 58.9% 63.6% 67.4% 70.7% 73.5% 75.7% 82.3% 85.1%
23 41.6% 53.4% 56.4% 60.3% 64.7% 68.3% 71.4% 74.1% 76.2% 82.6% 85.3%
24 43.4% 55.2% 57.9% 61.6% 65.7% 69.2% 72.1% 74.7% 76.7% 82.8% 85.5%
25 45.2% 57.0% 59.5% 62.9% 66.7% 70.0% 72.8% 75.2% 77.2% 83.1% 85.7%
26 46.9% 58.7% 61.0% 64.2% 67.8% 70.8% 73.5% 75.8% 77.7% 83.4% 85.9%
27 48.5% 60.3% 62.4% 65.4% 68.8% 71.6% 74.2% 76.4% 78.1% 83.6% 86.1%
28 50.0% 61.8% 63.8% 66.6% 69.7% 72.4% 74.8% 76.9% 78.6% 83.9% 86.3%
29 51.5% 63.3% 65.2% 67.7% 70.7% 73.2% 75.5% 77.5% 79.1% 84.2% 86.5%
30 53.0% 64.8% 66.5% 68.8% 71.6% 74.0% 76.1% 79.0% 79.6% 84.4% 86.7%


ON SITE SEWER MANHOLE REIMBURSEMENT PERCENTAGE

Pipe Depth (Feet) Pipe Size (Inches)
8 10 12 15 18 21 24 27 30 36 42
12 or less 0% 1.9% 4.7% 10.5% 15.7% 22.7% 28.7% 43.0% 46.9% 59.2% 63.7%
13 7.6% 9.5% 12.0% 17.4% 22.2% 28.7% 34.2% 47.4% 51.0% 62.3% 66.5%
14 14.0% 15.9% 18.3% 23.3% 27.7% 33.9% 38.9% 51.2% 54.5% 65.0% 68.9%
15 19.6% 21.5% 23.7% 28.4% 32.6% 38.2% 42.9% 54.4% 57.5% 67.4% 71.0%
16 24.5% 26.4% 28.5% 32.9% 36.8% 42.0% 46.5% 57.3% 60.2% 69.4% 72.8%
17 28.9% 30.8% 32.7% 36.8% 40.5% 45.5% 49.7% 59.8% 62.5% 71.2% 74.4%
18 32.7% 34.6% 36.4% 40.4% 43.8% 48.5% 52.4% 62.0% 64.6% 72.8% 75.8%
19 36.2% 38.1% 39.8% 43.5% 46.8% 51.2% 55.0% 64.0% 66.4% 74.2% 77.1%
20 39.3% 41.2% 42.8% 46.3% 49.4% 53.6% 57.2% 65.8% 68.1% 75.5% 78.2%
21 42.1% 44.0% 45.5% 48.9% 51.8% 55.8% 59.2% 67.4% 69.6% 76.7% 79.3%
22 44.6% 46.5% 48.0% 51.2% 54.0% 57.9% 61.1% 68.9% 71.0% 77.7% 80.2%
23 46.9% 48.8% 50.3% 53.3% 56.0% 59.7% 62.8% 70.3% 72.3% 78.7% 81.1%
24 49.1% 51.0% 52.3% 55.3% 57.9% 61.4% 64.3% 71.5% 73.4% 79.6% 81.9%
25 51.0% 52.9% 54.2% 57.1% 59.5% 62.9% 65.8% 72.6% 74.5% 80.4% 82.6%
26 52.8% 54.7% 56.0% 58.7% 61.1% 64.3% 67.1% 73.7% 75.5% 81.2% 83.2%
27 54.5% 56.4% 57.6% 60.2% 62.5% 65.7% 68.3% 74.7% 76.4% 81.9% 83.9%
23 56.1% 58.0% 59.1% 61.7% 63.9% 66.9% 69.4% 75.6% 77.2% 82.5% 84.4%
29 57.5% 59.4% 60.6% 63.0% 65.1% 68.0% 70.5% 76.4% 78.0% 83.1% 85.0%
30 58.9% 60.8% 61.9% 64.2% 66.3% 69.1% 71.5% 77.2% 78.8% 83.7% 85.5%

3. Permanent Lift Station Extensions: The amount of reimbursement owed for the construction of a permanent lift station and/or force main shall be based upon actual construction costs and may also include reasonable engineering and landscaping costs approved by the City.

4. Temporary Lift Station Oversizing: The amount of reimbursement owed for installation of an oversized temporary lift station and/or force main shall be determined by estimating the cost of constructing a lift station and force main to serve only the development, subtracted from the actual construction costs incurred by the developer. Engineering costs for the design of the lift station and/or force main are not eligible for reimbursement. (1952 Code § 8-11-05.08)

10-2-8: Fee Deferral Procedures

10-2-9-8: Appeal Procedures


A. Hearing Time Limit: The commission shall hold a hearing on the appeal not less than ten (10) nor more than sixty (60) days after receipt of notice of the appeal.


B. Authority Of Commission: The commission shall have the power to revise, correct or confirm the charges. (1952 Code § 8-11-09.08)

10-2-5-9: Developer Agreements And Methods Of Reimbursement


A written agreement, not to exceed ten (10) years, shall be prepared which provides for reimbursement of the user's proportionate costs of sewer benefitting adjacent or other property. Depending on the reimbursement amount owed to the user and the amount of potential reimbursement credit, the agreement will include one or more of the following reimbursement items in the order listed below, up to the reimbursement amount:


A. The equivalent assessment fees owed or paid by the user as required under subsection 10-2-6-3C of this chapter;


B. The inspection fees owed or paid by the user as required under subsection 10-2-6-5B of this chapter;


C. The trunk connection fees paid by the user as required by subsection 10-2-6-3A of this chapter;


D. Reimbursement of trunk connection fees and equivalent assessment fees received by the City as others connect to the sewer from an area, downstream of the user's property, mutually agreed upon by the City and the user; and


E. Reimbursement of trunk connection fees and equivalent assessment fees, received by the City, as others connect to the sewer from an area, upstream of the user's property, mutually agreed upon by the City and the user. (1952 Code § 8-11-05.09)

10-2-9: Waivers And Appeals

10-2-9-9: Appeal From Decision Of Commission


The decision of the commission may be appealed to the City Council by filing a notice of appeal with the City Clerk within ten (10) days of written notice of the commission's decision. Such appeal may be filed by the aggrieved party or the Public Works Department. The Council shall have the power to approve, amend or reverse the decision of the commission and the decision of the Council shall be final. (1952 Code § 8-11-09.09)

10-2-5-10: Sewer Easement Acquisition Policies


In order to provide for a uniform and equitable treatment of property owners of lands subject to City sewer easement acquisition, and to adequately protect the best interests of the City, the following policies are adopted as procedural guides to be followed in sewer easement acquisition:


A. Define and map the proposed easement acquisition;


B. Research ownership or obtain a preliminary title policy for the property to be included in the easement;


C. Provide each owner of property within the proposed easement a written notice of the City intent to acquire such easement;


D. Obtain an "opinion of value" or "appraisal" for the property proposed for easement acquisition;


E. Offer the dollar amount stated in the "opinion of value" or "appraised value" to the property owner for purposes of acquisition if the "opinion of value" or "appraised value" is acceptable to the City;


F. Conduct good faith negotiations with the property owner if the value offered is rejected; and


G. Obtain a final settlement of the easement acquisition purchase or proceed with condemnation action if appropriate. (1952 Code § 8-11-05.10)

10-2-10: Prohibitions

10-2-5-11: Lift Stations


A. Designation Of Lift Stations: The Public Works Department shall designate a lift station as either temporary or permanent, consistent with the master sewer plan, at the time such station is placed into service. The Public Works Commission may, upon request when special circumstances exist, change the designation of a lift station.


B. Installation Of Temporary Lift Stations: Temporary lift stations may only be installed if the installation is in accordance with public policy and approved by the Public Works Department. The party installing the temporary lift station shall be responsible for all construction costs and shall ensure that the temporary lift station is completed in accordance with the requirements of the department. Ownership, maintenance and operation of the temporary lift station shall transfer to City at the time the temporary lift station is accepted as operational by the department. (1952 Code § 8-11-05.11)

10-2-11: Penalty And Remedies

10-2-5-12: Food Disposal Units


A. Policy: It is the declared policy of the City to discourage and prevent discharge of food wastes into the sanitary sewer system when such food wastes could be disposed of in another manner. Where disposal of food wastes, particularly by commercial and institutional users of the system is allowed, the method and manner of such disposal shall be as required in the subsequent portions of this section.


B. Connection Of Food Disposal Units: Domestic and commercial food waste disposal units shall be connected and trapped separately from any other fixture or compartment, except that a continuous waste with a flow directing partition will be acceptable for domestic units. All units may have either automatic or hand operated water supply controls; however, domestic units shall be provided with an approved inlet cover having waterway passages for use during grinding operations.


C. No Discharge Through Grease Interceptor: No waste from a food waste grinder shall be discharged into or through a grease interceptor.


D. Commercial Grinders: Commercial type food grinders shall be provided with not less than a two inch (2") waste line. Each waste line shall be trapped and vented as provided in the Plumbing Code.


E. Food Waste Grinder Requirements: All food waste grinder equipment shall be designed to meet the following requirements:

1. Particle size: One hundred percent (100%) shall pass a no. 2 screen (2-mesh);

2. Ninety five percent (95%) shall pass a no. 4 screen (4-mesh);

3. Fibers shall not exceed two and one-half inches (21/2") in length;

4. Vegetable stems shall not exceed one inch (1") in length, and leaf sections shall not exceed one-half inch (1/2") in the largest dimension;

5. Equipment must be self scouring with no fouling surfaces to cause objectionable odors, freed from electrical or mechanical hazards, and of durable construction;

6. Such food waste grinders shall be installed under and in direct connection with a sink or other approved receptacle, supplied with water and discharged through a trap to a sanitary sewer system.


F. Installation Requirements For Commercial Grinders: Waste grinders and their installation in restaurants, institutions, food processing or storage plants and similar operations shall meet the requirements of this chapter, as well as the Plumbing Code of the City. An installation will be permitted only upon the finding of the Department of Public Works that other methods of disposal are not feasible and that the City sewer system can properly handle the waste.


G. Food Waste Disposal Units Must Comply: The installation, operation and maintenance of any equipment or method to be used for food waste disposal units shall comply with all the provisions of this chapter and the regulations of the building, housing, electrical, mechanical, plumbing and fire prevention ordinances of the City, and if there is any conflict between the provisions of this chapter and the applicable building, housing, electrical, mechanical, plumbing and fire prevention codes and ordinances of the City, such codes and ordinances shall prevail over the provision of this chapter. (1952 Code § 8-11-05.12)