Tribal Code

Warm Springs water and sewer system act

WARM SPRINGS TRIBAL CODE
CHAPTER 431
WARM SPRINGS WATER AND SEWER SYSTEM ACT

Table of Contents

431.001 PURPOSE
431.010 DEFINITIONS
431.100 OWNERSHIP & RESPONSIBILITY FOR WATER & SEWER MAINS
431.110 UNAUTHORIZED USE & INTERFERENCE WITH TRIBAL PROPERTY
431.120 REPAIR OF MAINS
431.130 ACCESS TO PREMISES
431.140 MAINTENANCE OF SERVICE LINES
431.150 DAMAGES, NO CLAIMS FOR
431.160 NOTICE ON VACATING OF PREMISES
431.170 EMERGENCY AND OCCASIONAL SERVICE
431.180 LIMITATIONS ON USE OF WATER
431.190 NEW SERVICE
431.195 NEW SERVICE – INDIAN HEALTH SERVICE
431.200 BILLING
431.210 ESTABLISHMENT AND COMPUTATION OF WATER SUPPLY & SEWER DISPOSAL RATES
431.220 INSTALLATION OF METERS
431.230 UNSAFE CUSTOMER FACILITIES
431.240 FIRE PROTECTION SERVICE
431.300 USE OF PUBLIC SEWERS REQUIRED
431.310 PRIVATE SEWAGE DISPOSAL
431.320 HAULED WASTEWATER
431.330 BUILDING SEWERS AND CONNECTIONS
431.340 USE OF THE PUBLIC SEWERS
431.350 INFILTRATION AND INFLOW
431.360 PROTECTION FROM DAMAGE
431.370 POWERS AND AUTHORITY OF INSPECTORS
431.380 ENFORCEMENT AND PENALTIES
431.390 CHANGES TO RULES AND REGULATIONS

WARM SPRINGS TRIBAL CODE
CHAPTER 431
WARM SPRINGS WATER AND SEWER SYSTEM ACT

431.001 PURPOSE. This Act has been established to govern the conditions under which utility services (water supply and sewage disposal) will be provided by the Warm Springs Public Utilities Department. It further regulates the use of public and private sewers and drains, private sewage disposal, the installation and connection of building sewers, and the discharge of waters and wastes into the public sewer system(s); and providing penalties for violations thereof on the Warm Springs Indian Reservation of Oregon.

431.10 DEFINITIONS. Unless the context specifically indicates otherwise, the meaning of terms used in this ordinance shall be as follows:

  1. Biochemical Oxygen Demand (BOD). The quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory procedure in five (5) days at 20 degrees centigrade expressed in terms of weight and concentration [milligrams per liter (mg/1).
  2. Building Drain. That part of the lowest horizontal piping of a drainage system which receives the discharge from soil, waste, and other drainage pipes inside the walls of the building and conveys it to the building sewer, beginning five (5) feet (l.5 meters) outside the inner face of the building wall.
  3. Building Sewer. The extension from the building drain to the public sewer or other place of disposal.
  4. Chief Operator. The wastewater treatment plant chief operator, in charge of all day-to-day operations.
  5. Consumer. The owner or occupant of an individual home, firm, corporation, institution, or association to which water is carried through pipes from the water mains of the Tribe or from which sewage is collected by the pipes of the Tribe.
  6. Contractor. Any person, firm or corporation (aside from the Public Utilities Department, its manager, its regular employees, a consumer, his agents or tenants,) who has cause to do any work on, or perform any services requiring the use of the Tribe’s water or sewer mains and/or appurtenances thereto.
  7. Cooling Water. The water discharged from any use (such as air conditioning, cooling or refrigeration) to which the only pollutant added is heat.
  8. Cross Connection. Any physical connection between the Tribe’s drinking water supply system and another piping carrying water from different source or waste water.
  9. Curb Stop. The gate valve placed between the main and the building served.
  10. Garbage. Solid wastes from the domestic and commercial preparation, cooking, and dispensing of food, and from the handling, storage, and sale of produce.
  11. Industrial Waste. The liquid wastes from industrial manufacturing processes, trade, or business as distinct from sanitary sewage.
  12. Infiltration. The water, other than sewage, which enters the sewer system from the surrounding soil, typically from broken pipes, or defective joints in pipe and manhole walls.
  13. Inflow. Storm water runoff which directly enters the sewerage system only during or immediately after rainfall. Typical points of entry include connections with roof and area drains, storm drain connections, and holes in manhole covers in flooded streets.
  14. Interference. A discharge which, alone or in conjunction with a discharge or discharges from other sources, both: (a) Inhibits or disrupts the wastewater system, its treatment processes or operations, or its sludge processes, use or disposal; and (b) Therefore is a cause of a violation of any requirement of the NPDES permit (including an increase in the magnitude or duration of a violation) or of the prevention of sewage sludge use or disposal in compliance with applicable statutory provisions and regulations or permits issued thereunder (or more stringent tribal regulations): and any applicable tribal or federal law.
  15. Manager. The individual chosen to be the Manager of the Public Utilities Department.
  16. NPDES Permit. National Pollutant Discharge Elimination System Permit pursuant to Clean Water Act, 33 U.S.C. § 1251 et seq.
  17. Natural Outlet. Any outlet into a watercourse, pond, ditch, lake, or other body of surface or groundwater.
  18. Office. The office of the Warm Springs Public Utilities Department.
  19. Pass Through. A discharge which exits the treatment plant effluent into waters of the U.S. in quantities or concentrations which, alone or in conjunction with a discharge or discharges from other sources, is a cause of a violation of any requirement of the Tribes NPDES permit (including an increase in the magnitude or duration of a violation).
  20. Person. Any individual, firm, company, association, society, corporation, group, or any other legal entity, including all Federal, Tribal, State, or local governmental entities.
  21. pH. The logarithm of the reciprocal of the weight of hydrogen ions in grams per liter of solution.
  22. Premises. A single family dwelling, a two-family dwelling, an apartment house occupied by more than one family, a building occupied for business or other purposes, or any part of a building with the land appurtenant thereto when identified as a separate unit.
  23. Properly Shredded Garbage. The wastes from the preparation, cooking, and dispensing of food that have been shredded to such a degree that all particles will be carried freely under the flow conditions normally prevailing in public sewers, with no particle greater than one-half (½) inch (1.27 centimeters) in any dimension.
  24. Public Utilities Department. The Warm Springs Public Utilities Department.
  25. Public Sewer. A sewer controlled by the Tribe to which all owners of abutting properties shall have equal rights to make connection and to use, subject to rules, regulations, code provisions and ordinances of the Tribe.
  26. Sanitary Sewer. A sewer, which carries sewage and to which storm, surface and ground water is not intentionally admitted.
  27. Sewage. A combination of water-carried wastes from residences, business buildings, institutions, and industrial establishments, together with such ground, surface and storm water as may be present. The term “sewage” means wastewater.
  28. Sewer. A pipe or conduit for carrying sewage.
  29. Sewer Mains. All pipes used for the conveyance of sewage in the streets and easements.
  30. “Shall” is mandatory; “May” is permissive.
  31. Slug. Any pollutant (including BOD) released in a non-routine, episodic, or non- customary batch discharge at a flow rate or concentration which has the potential to cause a violation of the specific discharge prohibitions in Section 431.340 of this ordinance.
  32. Storm Sewer (sometimes termed Storm Drain). A sewer designed to carry only storm waters, surface run-off, and street wash water and drainage.
  33. Suspended Solids. Solids that either float on the surface of, or are in suspension in water, sewage, or other liquids, and which are removable by laboratory filtering.
  34. Treatment Plant. Any arrangement of devices and structures used for treating sewage.
  35. Treatment Works. All facilities for collecting, pumping, treating, and disposing of sewage. “Treatment system” shall be an equivalent term for “treatment works.”
  36. Tribe. The Confederated Tribes of The Warm Springs Reservation of Oregon
  37. User. Any person who contributes, or causes or allows the contribution of sewage or industrial wastewater into the municipal treatment works, including persons who contribute such wastes from mobile sources.
  38. Wastewater. See definition of sewage.
  39. Water Mains. All supply pipes used for carrying water in the streets or easements.
  40. Water Service Lines. The supply pipe extending from the main to the premises served.
  41. Watercourse. A channel in which a flow of water occurs, either continuously or intermittently.

431.100 OWNERSHIP & RESPONSIBILITY FOR WATER & SEWER MAINS.

  1. The large pipes or mains which, in general, are laid in streets, alleys, and easements, and distribute water or collect sewage throughout the communities are the property of the Tribe and are maintained by the Public Utilities Department.
  2. No person, except an authorized employee of the Public Utilities Department shall be permitted to operate any valves or hydrants in connection with the Tribe’s water system, or to tap said mains for connection purposes, except by permit issued by the Public Utilities Department. Members of the fire department in discharge of their duties will be permitted use of the hydrants at all time.

431.110 UNAUTHORIZED USE & INTERFERENCE WITH TRIBAL PROPERTY.

  1. Unauthorized use and interference with tribal property as defined in this ordinance shall be prohibited.
  2. No person shall, without authority from the manager, operate any valve, connect with any collection or supply main of the Tribe, open any fire hydrant or manhole connected with the utility system, or interfere with any building, reservoir, well, water tower, pumping station, treatment works or any other structure belonging to the Tribe, except for emergency purposes, or shall willfully injure, impair, or deface the same.
  3. Any person in violation of this section shall upon conviction hereof be liable for the penalty and enforcement provisions set forth in Section 431.380 of these rules and regulations.

431.120 REPAIR OF MAINS.

  1. The Public Utilities Department reserves the right to shut off the supply in the water mains temporarily when necessary to make repairs, alterations, or additions to the works or the pipes.
  2. When the circumstances permit, the Public Utilities Department will give notice by newspaper publications or otherwise of the discontinuance of supply.
  3. No rebate or damages will be allowed to consumers for such temporary suspension of supply.

431.130 ACCESS TO PREMISES.

  1. Authorized Public Utilities Department employees shall have access to premises at all reasonable hours to make repairs, to inspect interior house plumbing and to investigate illegal use of water and sewer services.
  2. It shall be illegal for the owner or occupant of any premises served by the Public Utilities Department to allow other persons or families not normally housed at the premises to use the water supply and/or sewage disposal facilities installed on the premises, except it shall not be illegal to provide for the domestic needs of occasional visitors and house guests.
  3. If any consumer is found to be defrauding the Public Utilities Department in any way, his service shall be cut off without notice and he shall be liable to prosecution under Tribal Law and the penalties outlined in Section 431.380.

431.140 MAINTENANCE OF SERVICE LINES.

  1. Water service lines must be maintained by the consumer from the curb stop to the premises or in the case where no curb stop is installed, the consumer shall be responsible for the service line to a distance within five feet of the water main.
  2. Sewer service lines must be maintained by the consumer from the connection with the main to the building.
  3. If the service freezes by neglect of the owner or consumer, such as reducing the earth cover over the service line on his own property, or freezing in his house or other structures, and this condition causes freezing action to follow back on the service line, the connection shall be returned to service at the expense of the owner or consumer.
  4. If, in the opinion of the Manager of the Public Utilities Department, it becomes necessary to allow water to run continually for a certain period to prevent freezing of service lines, the owner or occupant will be advised as to which valve he may leave open without penalty until corrective measures can be taken economically.

431.150 DAMAGES, NO CLAIMS FOR. No causes of action will be allowed against the Tribe or Public Utilities Department for any damages resulting from installation or operation of the Tribe’s water and sewer systems.

431.160 NOTICE ON VACATING OF PREMISES:

  1. When premises are vacated, the consumer shall notify the Public Utilities Department, in writing, in advance, so that the Public Utilities Department may, if it so desires, shut off the supply at the curb cock.
  2. The consumer shall be liable to the Tribe for any damage to the utilities resulting from failure to notify of such intended vacancy.

431.170 EMERGENCY AND OCCASIONAL SERVICE.

  1. Water may be taken from an unmetered tap and used for construction work only pursuant to a written permit obtained from the Manager.
  2. In no case will any employee of the Public Utilities Department turn on water for construction work unless such a permit is presented to him.
  3. Upon completion of the construction work, the contractor shall return the original permit to the Public Utilities Department, together with a statement of the actual amount of water used in the performance of the work.
  4. No consumer whose water is from an unmetered tap shall allow any contractor or other person to take water from the consumer’s premises without presentation of a permit from the utility.
  5. Any consumer failing to comply with this rule shall have his service cut off, and upon conviction thereof shall be penalized as provided in Section 431.380.

431.180 LIMITATIONS ON USE OF WATER.

  1. Excessive or unnecessary use of or waste of water, whether caused by carelessness or defective or leaking plumbing, is strictly prohibited and is cause for termination of service.
  2. In the event there shall be a shortage of supply of water for any reason, the Manager may declare an emergency to exist in which event the water users shall be restricted in the use of water for sprinkling as follows: (a) Alternating use days may be designated by Manager. (b) During water shortages, consumers may be required not to use water more than once a week for sprinkling and only from Monday to Friday.
  3. The emergency shall be deemed to exist until the Manager shall proclaim by another notice that the same has terminated.
  4. If the water supply becomes critically low, the Manager shall have the authority to terminate the use of all water for sprinkling by publishing an appropriate proclamation in the local newspaper and posting a notice at the Post Office, Warm Springs Market, IHS Clinic and at the Tribal Offices.

431.190 NEW SERVICE.

  1. Whenever a water or sewer main is installed by the Public Utilities Department or its contractor, the Public Utilities Department shall construct the services from the main to the lot line while the main is under construction.
  2. The construction of such initial service may be charged to the property owners.
  3. The owner or occupant of any premises desiring to obtain water and/or sewer service from the Public Utilities Department shall make written application at the office of the Public Utilities Department at least one week prior to the date on which service is desired. The applicant shall state the purpose for which water and sewer shall be used and shall have in his possession an approved building permit.
  4. No contractor, plumber, or other person shall tap a main without a permit.
  5. Each building or housing unit shall have one distinct and separate meter.
  6. Service pipe shall be laid not less than three feet below lot grade or not less than four feet below street grade.

431.195 NEW SERVICE – INDIAN HEALTH SERVICE.

  1. Applicants building new homes who want the Indian Health Service to provide water and sewer facilities shall make written application at the Tribal Engineer Office, at least six months prior to the date to connect to the water and/or sewer system(s), upon payment of the connection fee.
  2. The owner of the premises shall contract with the Public Utilities Department to make the hook-up.

431.200 BILLING.

  1. All bills for consumers of the Tribe’s water and sewer systems shall be rendered monthly in advance, or where service is metered after meter reading.
  2. Bills shall be due and payable at the direction of the Public Utilities Department.
  3. Failure to receive a bill does not relieve the party from his obligations, nor exempt him from lawful penalty if not paid within the specified period.
  4. If the bill is not timely paid, service will be discontinued and not restored until all charges due are paid together with a reconnect charge.

431.210 ESTABLISHMENT AND COMPUTATION OF WATER SUPPLY & SEWER DISPOSAL RATES.

  1. In the absence of a meter, customers may be charged for service on a flat annual rate, based on the actual cost of providing the service.
  2. The annual rate will be based on the customer’s estimated water use, and may be charged by the Public Utilities Department from year to year.

431.220 INSTALLATION OF METERS.

  1. Meters must be installed with all new water service.
  2. If the consumer lacks a meter and is unhappy with the basis of charge he can at his own expense obtain a water meter of a type approved by the American Water Works Association. (a) The consumer also must furnish test results to verify that the meter registers within two per cent plus or minus of the true amount of water delivered on the maximum flow of water for the size and type of meter supplied. (b) The meter will then be installed at the consumer’s expense and read periodically by Public Utilities Department employees.
  3. The water bill will be computed on the basis of the gallons actually used according to the rate table in the fee schedule adopted by the Public Utilities Department, based on the actual cost of providing the service.
  4. Meter accuracy may be checked by the Public Utilities Department.
  5. No meter shall be removed or otherwise distributed except by Public Utilities Department employees or by parties authorized by the Manager to do so.

431.230 UNSAFE CUSTOMER FACILITIES.

  1. The Public Utilities Department may refuse to furnish water, and may discontinue service to any premises where plumbing facilities, appliances, or equipment using water are dangerous or unsafe or not in conformity with Uniform Plumbing Code, laws or ordinances.
  2. The Public Utilities Department will not permit any new cross connection.
  3. Wherever a cross connection exists, cross connection control devices shall be tested and certified as required by the Public Utilities Department.

431.240 FIRE PROTECTION SERVICE.

  1. No charges will be made by the Public Utilities Department for water used for extinguishing fires or testing the service where proper notice is given to the Public Utilities Department.
  2. Except in emergencies, no person or persons, other than those designated and authorized in writing by the Public Utilities Department, shall open any fire hydrant belonging to the Public Utilities Department, attempt to drain water from it, or in any manner damage or tamper with it.

431.300 USE OF PUBLIC SEWERS REQUIRED.

  1. It shall be unlawful for any person to place, deposit, or permit to be deposited in any unsanitary manner on public or private property within the Warm Springs Reservation or in any area under the jurisdiction of the Tribe, any human excrement, garbage, or other objectionable waste.
  2. It shall be unlawful to discharge to any natural outlet within the Warm Springs Reservation or in any area under Tribal jurisdiction, any sewage or other polluted waters, except where suitable treatment has been provided in accordance with provisions of this ordinance.
  3. Except as provided in Section 431.310, it shall be unlawful to construct or maintain any privy, privy vault, septic tank, cesspool, or other facility intended or used for the disposal and treatment of sewage.
  4. The owner of all houses, buildings, or properties used for human occupancy, employment, recreation, or other purposes, situated within the Warm Spring Reservation or any area under Tribal jurisdiction in which there is now located, or may in the future be located, a public sanitary sewer, is required at his/her expense to install suitable toilet facilities. Connection shall be made directly with the proper public sewer in accordance with the provisions of this ordinance within Ninety (90) days after date of official notice to do so, provided that said public sewer is within one hundred (100) feet of the property line.

431.310 PRIVATE SEWAGE DISPOSAL.

  1. Where a public sanitary sewer is not available under the provisions of Section 431.300, the building sewer shall be connected to a private sewage disposal system complying with the provisions of this section.
  2. Before commencement of construction, alteration or extension of a private sewage disposal system, the owner shall first obtain a written permit from the Public Utilities Department.
  3. At such time as a public sewer becomes available to a property served by a private sewage disposal system as provided in Section 431.100, a direct connection shall be made to the public sewer, and any septic tanks, cesspools, and similar private sewage disposal facility shall be abandoned in accordance with applicable rules.
  4. The owner shall operate and maintain the private sewage disposal facilities in a sanitary manner at all times at no expense to the Tribe.
  5. Septic tanks constructed or installed after the effective date of this Ordinance shall adhere to the then current Public Health Service standards. Drainfields for septic tanks shall be designed on the basis of the absorption capacity of the soil. Such capacity shall be determined on the basis of percolation tests, and in accordance with current Public Health Service recommendations.
  6. All privies shall be constructed in such a condition that the pit is light-tight and fly-tight, and maintained in a sanitary condition.
  7. Materials removed from any privy vault or individual sewage disposal system shall be disposed of in community sewage facilities or by other means as approved by the Manager.
  8. No sewer, septic tank leaching system, or privy shall be constructed within 100 feet of the high water mark of any lake, reservoir, watercourse, or domestic water supply, nor within 10 feet of any property line, nor shall any waste disposal facility extend or discharge into any underground water-bearing formation.
  9. Individual homeowners shall be responsible for having their septic tanks pumped at regular intervals as determined by Tribal regulation to prevent drainfield failures and nuisances. The Tribal Engineer can assist the family in determining if the septic tank is in need of pumping.

431.320 HAULED WASTEWATER.

  1. Septic tank waste (seepage) shall be received into the treatment works or collection system, from only authorized vendors who have valid license and bonding to haul such material and have received a permit from Public Utilities Department.
  2. Subject to approval by the Public Utilities Department, septic tank waste (septage) will be accepted into the treatment works at a designated receiving structure within the treatment plant area, and at such times as are established by the Chief Operator. Such wastes shall not contain toxic or hazardous pollutants or violate any other requirements established by the Chief Operator. The Public Utilities Department shall issue permits for individual vehicles to use such facilities.
  3. All waste haulers, regardless of the origin of the hauled wastes, shall be considered “industrial users” for the purposes of this ordinance. The Chief Operator may require any information as necessary, including laboratory tests, to determine the type of waste and its origination. Cost of providing data shall be borne by waste haulers.
  4. The discharge of industrial wastes as “industrial seepage” requires prior approval and a wastewater permit from the Tribe. The Chief Operator shall have authority to prohibit the disposal of such wastes, if such disposal would interfere with the treatment plant operation.

431.330 BUILDING SEWERS AND CONNECTIONS.

  1. No unauthorized person shall uncover, make any connections with or opening into, use, alter, or disturb any public sewer or appurtenance thereof without first obtaining a written permit from the Chief Operator.
  2. There shall be two (2) classes of building sewer permits: (a) for residential and commercial services, and (b) for service to establishments producing industrial wastes. In either case, the owner or his agency shall make application on a special form furnished by the Tribe. The permit application shall be supplemented by any plans, specifications, or other information considered pertinent in the judgment of the Chief Operator.
  3. All costs and expense for the connection to sewer system shall be charged to the project to which the connection is being made.
  4. A separate and independent building sewer shall be provided for every building. However, where one building stands at the rear of another on an interior lot and no private sewer is available or can be constructed to the rear building through an adjoining alley, court, yard, or driveway, the building sewer from the front building may be extended to the rear building and the whole considered as one building sewer.
  5. Existing building sewers with problems should normally be replaced. Alternatively, a cleanout may be installed near the building foundation and the building sewer may be tested. Old building sewers may be used in connection with new buildings or new building sewers only when they are found, on examination and testing by the Tribal Engineer, to meet all requirements of this ordinance.
  6. The size, slope, alignment, materials of construction of a building sewer, and the methods to be used in excavating, placing of the pipe, jointing, testing, and backfilling the trench shall all conform to the requirements of the building and plumbing code or other applicable rules and regulations of the Tribe. In the absence of code provisions or in amplification thereof, the materials and procedures set forth in appropriate specifications of the American Society for Testing and Materials (ASTM) and/or the Water Pollution Control Federation (WPCF), Manual of Practice No. 9, shall apply. Any deviation from the prescribed procedures and materials must be approved by the Chief Operator before installation.
  7. The building sewer shall be brought to the building at an elevation below the basement floor whenever possible. In all buildings in which any building drain is too low to permit gravity flow to the public sewer, sanitary sewage carried by such building drain shall be lifted by a means approved by the Tribal Engineer and discharged to the building sewer.
  8. No person shall make connection of roof down spouts, exterior foundation drains, or away drains, or other sources of surface runoff or groundwater to a building sewer or building drain which, in turn, is connected directly or indirectly to a public sanitary sewer.
  9. The connection of the building sewer into the public sewer shall conform to the requirements of the building and plumbing code or other applicable rules and regulations of the Tribe, or the procedures set forth in appropriate specifications of the ASTM and the WPCF Manual of Practice No. 9. All such connections shall be made gas tight and watertight. Any deviation from the prescribed procedures and materials must be approved by the Chief Operator before installation.
  10. The applicant for the building sewer permit shall notify the Chief Operator when the building sewer is ready for inspection and connection to the public sewer. The connection shall be made under the supervision of the Chief Operator or his authorized representative.
  11. All excavations for building sewer installation shall be adequately guarded with barricades and lights so as to protect the public from hazard. Streets, sidewalks, parkways, and other public property disturbed in the course of the work shall be restored in a manner satisfactory to the Tribe.

431.340 USE OF THE PUBLIC SEWERS.

  1. Prohibited Discharges: No user shall contribute or cause to be contributed, directly or indirectly, any pollutant or wastewater which will cause interference or pass through. These general prohibitions apply to all users of the municipal treatment system whether or not the user is subject to categorical pretreatment standards or any other national, tribal or local pretreatment standards or requirements. Wastes prohibited by this section shall not be processed or stored in such a manner that these wastes could be discharged to the treatment system. Furthermore, no user may contribute the following substances to the system: (a) Any liquids, solids, or gases which by reason of their nature or quantity are, or may be, sufficient, either alone or by interaction with other substances, to cause fire or explosion or be injurious in any other way to the treatment system. Included in this prohibition are waste streams with a closed cup flashpoint of less than 140E F (60E C) using the test methods prescribed in 40 CFR 261.21. (b) Solid or viscous substances in amounts which will cause interference with the flow in a sewer, and in no case solids greater than one half inch (½”)(1.27 centimeters) in any dimension or garbage that is not properly shredded garbage. (c) Any fat, oils or greases, including but not limited to petroleum oil, non- biodegradable cutting oil, or products of mineral oil origin, in amounts that will cause interference or pass through. (d) Any wastewater having a pH less than 5.5 or more than 10.0, or which may otherwise cause corrosive structural damage or harm to the system, tribal personnel or equipment. (e) Any wastewater containing pollutants in sufficient quantity (flow or concentration), either singly or by interaction with other pollutants, to pass through or interfere with the treatment system, any wastewater treatment or sludge process, or constitute a hazard to humans or animals. (f) Any noxious or malodorous liquids, gases, or solids or other wastewater which, either singly or by interaction with other wastes, are sufficient to create a public nuisance or hazard to life or are sufficient to prevent entry into the sewers for maintenance and repair. This includes dissolved hydrogen sulfide concentrations exceeding 0.1 mg/l. (g) Any substance, which may cause the treatment plant effluent or any other residues, sludges, or scums, to be unsuitable for reclamation and reuse or to interfere with the reclamation process. In no case shall a substance discharged to the system cause the Tribe to be in noncompliance with sludge use or disposal regulations or permits issued under applicable tribal or federal law. (h) Any wastewater, which imparts color, which cannot be removed by the treatment process, such as, but not limited to, dye wastes and vegetable tanning solutions, which consequently imparts color to the treatment plants effluent thereby violating the Tribes NPDES permit. Color (in combination with turbidity) shall not cause the treatment plant effluent to reduce the depth of the compensation point for photosynthetic activity by more than 10 percent from the seasonably established norm for aquatic life. (i) Any wastewater having a temperature greater than 150E F (55E C), or which will inhibit biological activity in the treatment plant resulting in interference, but in no case wastewater which causes the temperature at the introduction into the treatment plant to exceed 104E F (40E C). (j) Any wastewater containing any radioactive waste or isotopes except as specifically approved by the Chief Operator in compliance with applicable federal regulations. (k) Any pollutants, which result in the presence of toxic gases, vapor or fumes within the system in a quantity that may cause worker health and safety problems. (l) Any trucked or hauled pollutant, except at discharge points designated by the Warm Springs Tribe in accordance with Section 431.320 of this Ordinance. (m) Storm water, surface water, groundwater, artesian well water, roof runoff, subsurface drainage, swimming pool drainage, condensate, deionized water, cooling water and unpolluted industrial wastewater, unless specifically authorized by the Chief Operator. (n) Any sludge, screenings, or other residues from the pretreatment of industrial wastes. (o) Any medical wastes, except as specifically authorized by the Chief Operator in a wastewater permit. (p) Any material containing ammonia, ammonia salts, or other chelating agents which will produce metallic complexes that interfere with the treatment system. (q) Any wastewater causing the treatment plant effluent to demonstrate toxicity to test species during a bio-monitoring evaluation. (r) Recognizable portions of the human or animal anatomy. (s) Any wastes containing detergents, surface-active agents, or other substances which may cause excessive foaming in the treatment system.
  2. Specific Pollutant Limitations (a) No nonresidential user shall discharge wastewater containing restricted substances or a slug into the treatment system in excess of limitations specified in its wastewater permit or published by the Chief Operator. The Chief Operator may publish and revise from time to time standards for specific restricted substances. (b) At his or her discretion, the Chief Operator may impose mass limitations in addition to or in place of the concentration-based limitations referenced above.
  3. If any wastewater is discharged or proposed to be discharged to the public sewers, which waters contain the substances or possess the characteristics enumerated above and which in the judgment of the Chief Operator may have a deleterious effect upon the treatment works, processes, equipment, or receiving waters, or which may otherwise create a hazard to life or constitute a public nuisance, the Chief Operator may: (a) Reject the wastes, sewers, (b) Require pretreatment to an acceptable condition for discharge to the public (c) Require control over the quantities and rates of discharge, and/or (d) If the Chief Operator permits the pretreatment or equalization of waste flows, the design and installation of the plants and equipment shall be subject to the review and approval of the Chief Operator, and subject to the requirements of all applicable codes, ordinances, and laws.
  4. Grease, oil, and sand interceptors shall be provided when, in the opinion of the Chief Operator, they are necessary for the proper handling of liquid wastes containing grease in excessive amounts, or any flammable wastes, sand, or other harmful ingredients. However, such interceptors shall not be required for private residences. All interceptors shall be of a type and capacity approved by the Chief Operator and shall be located so as to be readily and easily accessible for cleaning and inspection.
  5. All measurements, tests, and analyses of the characteristics of waters and wastes to which reference is made in this ordinance shall be determined in accordance with 40 CFR Part 136 or, if 40 CFR Part 136 does not contain sampling or analytical techniques for the pollutant in question, in accordance with procedures approved by the Environmental Protection Agency (EPA). Except as indicated below, wastewater samples collected for purposes of determining compliance with standards and requirements of this ordinance must be obtained using flow proportional composite collection techniques. In the event that flow proportional sampling is infeasible, the Chief Operator may authorize the use of time proportional or grab sampling. Samples for fats, oil and grease (FOG), temperature, pH, cyanide, phenols, sulfides, and volatile organic chemicals must be obtained using grab collection techniques.
  6. No statement contained in this Article shall be construed to prohibit an agreement between the Warm Springs Tribe and any person whereby the Tribe for treatment may accept a discharge of unusual strength or character. Such an agreement may be made when, in the opinion of the Chief Operator, special circumstances justify such agreement, provided that no interference or pass through result from the discharge and no additional costs are incurred by the Tribe without recompense by the person. Federal and Tribal pretreatment standards and requirements shall not be waived by any special agreement of the parties.

431.350 INFILTRATION AND INFLOW.

  1. All property owners identified by the Tribe as contributors to excessive or improper infiltration or inflow into the treatment works shall be advised of their infiltration and inflow problems.
  2. All such situation properties shall be provided a grace period as determined by the Chief Operator in which to correct the infiltration and inflow problems as identified, said grace period to extend from the date of notification.
  3. By the end of the grace period, each property owner shall notify the Tribe that corrective actions have been taken or are in progress, which actions shall be specified in the notification to the Tribe.
  4. A property owner failing to notify the Tribe of corrective actions prior to the end of the grace period shall be subject to termination of service, without further notice, and water service, if provided by the Tribe, shall be immediately discontinued and shut off until the violation shall have been corrected in accordance with Federal and/or tribal regulations.
  5. In the event any instance of excessive or improper infiltration or inflow into the treatment works of the Tribe shall continue beyond the grace period, it is hereby declared that such continuing infiltration or inflow is a public nuisance, that the Tribe shall have the right to abate such public nuisance, and to enter upon any property within the reservation for such purpose and shall assess the cost of such abatement.

431.360 PROTECTION FROM DAMAGE.

  1. No unauthorized person shall maliciously, willfully, or negligently break, damage, destroy, uncover, deface, or tamper with any structure, appurtenance, or equipment which is a part of the sewage works.
  2. Any person violating this provision shall be subject to immediate arrest under charge of disorderly conduct.

431.370 POWERS AND AUTHORITY OF INSPECTORS.

  1. The Chief Operator shall have the right to enter the facilities of any industrial user to ascertain whether the purpose of this Ordinance is being met and all requirements are being complied with. Industrial users shall allow the Chief Operator or representatives ready access to all parts of the premises for the purposes of inspection, sampling, records examination and copying, and the performance of any additional duties. (a) Where a user has security measures in force which require proper identification and clearance before entry into their premises, the industrial user shall make necessary arrangements with its security guards so that, upon presentation of suitable identification, personnel from the Tribe will be permitted to enter, without delay, for the purposes of performing their specific responsibilities. (b) The Tribe shall have the right to set up or require installation of, on the industrial user’s property, such devices as are necessary to conduct sampling, and/or metering of the user’s operations. (c) The Tribe may require the industrial user to install monitoring equipment, as necessary. The facility’s sampling and monitoring equipment shall be maintained at all times in a safe and proper operating condition by the industrial user at the industrial user’s expense. All devices used to measure wastewater flow and quality shall be calibrated periodically to ensure their accuracy. (d) Any temporary or permanent obstruction to safe and easy access to the industrial facility to be inspected and/or sampled shall be promptly removed by the industrial user at the written or verbal request of the Chief Operator and shall not be replaced. The costs of clearing such access shall be borne by the industrial user. (e) Unreasonable delays in allowing tribal personnel access to the industrial users premises shall be a violation of this Ordinance.

431.380 ENFORCEMENT AND PENALTIES.

  1. Compliance Actions. (a) Notice. Any person found to be in violation of this ordinance, or any permit or condition issued pursuant to this ordinance, shall be served by the Tribe with written notice stating the nature of the violation. This notification may contain additional requirements, including compliance orders and schedules, determined to be necessary by the Tribe to correct the violation(s). This notice shall be in addition to, and in no way limit, any additional enforcement actions which the Tribe deems necessary. (b) Cessation of Service. The Public Utilities Department may at its discretion shut off the water and sewer from any premises where the owner or occupant is found violating any of the provisions of these rules or regulations. Any person notified of a suspension of the wastewater treatment service and or the wastewater permit shall immediately stop or eliminate the contribution. In the event of failure of the person to comply voluntarily with a suspension order, the Tribe shall take such steps as deemed necessary including immediate severance of the sewer connection, to prevent or minimize damage to the wastewater treatment system or endangerment to any individuals. The Tribe shall reinstate the wastewater treatment service upon proof of the elimination of the non-complying discharge. (c) Compliance Orders. Whenever, on the basis of any information available to it, the Public Utilities Department finds that any person (Indian or non-Indian) is in violation of any of the provisions of this Act, the Public Utilities Department, on behalf of the Tribe, may issue an order requiring such person to comply with such provisions. These provisions include, but are not limited to, prohibitions against a threatened discharge or use of water which presents or may present an imminent or substantial endangerment to the health or welfare of persons or to the environment, or causes interference to the treatment works or causes the Tribe to violate any of the conditions of its NPDES permit. The Public Utilities Department may also bring a civil action in accordance with subsection (2) of this section. In any case in which the order under this section is issued to a corporation, a copy of such order shall be served on any appropriate corporate officers.
  2. Civil Actions. (a) Civil Penalty. Whenever, on the basis of any information available to it, the Public Utilities Department finds that any person (Indian or non-Indian) is in violation of any of the provisions of this Act, the Public Utilities Department, on behalf of the Tribe, may seek to impose a civil penalty in the Warm Springs Tribal Court for each violation. (i) Such civil penalty shall not exceed the sum of $5000.00 for each day that such violation continues. The procedures governing the adjudication in Tribal Court of such violations shall be those set forth in WSTC Chapter 201 (Civil Procedure). The Tribal Council hereby finds that such civil penalties are reasonably related to the administrative expenditures necessary to maintain the Tribe’s health, welfare, and economic security, through the management, protection and development of water and sewer services on the Reservation. (ii) In determining the amount of a civil penalty, the Tribal Court shall consider the nature, circumstances, extent and gravity of the violation or violations, and, with respect to the violator, the economic benefit (if any) resulting from the violation, any history of such violations, any good faith efforts to comply with the applicable requirements, the economic impact of the penalty, and such other matters as justice may require. (b) Other Relief. The Public Utilities Department is authorized to commence a civil action for appropriate relief, including permanent or temporary injunction, for any violation for which the Public Utilities Department is authorized to issue a compliance order under subsection (1) of this provision. Any action under this subsection may be brought in the Tribal Court or (if jurisdictional grounds are satisfied) in the district court for the United States for the district in which the defendant is located, resides or is doing business, or in which the violation occurred. (i) The civil action authorized under this subsection includes, but is not limited to, an action for equitable relief or an action to recover actual damages. “Actual damages” includes, but is not limited to the cost of investigations, inspections or monitoring surveys which lead to the establishment of violations; expenses incurred by the Tribe in removing, correcting, or terminating any adverse effects upon human health and the environment resulting from the violative activity, whether or not accidental; and compensation for loss or destruction of wildlife, fish or aquatic life, or their habitat, or for any other damage caused by the violative activity, either to the Tribe or to any residents of the Tribe who are directly aggrieved by the violative activity, or both. (ii) In any action brought by the Public Utilities Department, it may recover its reasonable costs incurred in enforcing the provisions of this chapter, including its reasonable attorney fees. (c) In any case in which the civil remedy provided under this section is issued to or brought against a corporation, a copy of such notice of civil remedy shall be served on any appropriate corporate officers.
  3.  Criminal Actions. Court. (a) Persons Subject to the Criminal Jurisdiction of Warm Springs Tribal (i) Tribal members and all other Indians subject to the criminal jurisdiction of the Warm Springs Tribal Court, who negligently violate any provisions of this Act shall, upon conviction, be subject to a penalty or punishment of not greater than imprisonment for a term of one year and a fine of not more than $5,000, or both. (ii) The Tribe also may refer any negligent or knowing violations of any standards of this Act to the U.S. Attorney’s office. (b) The Tribe may refer to the U.S. Attorney’s office persons not subject to tribal criminal jurisdiction who are in violation of any standards of this Act. (c) In any case in which the criminal penalty provided under this section is issued to or brought against a corporation, a copy of such notice of civil remedy shall be served on any appropriate corporate officers.
  4. Exclusion from the Reservation. (a) Those persons not legally entitled to reside on the Reservation, as defined in WSTC Chapter 300, may be subject to exclusion by the Tribal Court after notice and an opportunity to be heard under the terms of WSTC Chapter 300 when such persons: this chapter; or (i) fail to obtain a Permit from the Tribe when required to do so under (ii) hold a Permit from the Tribe under this chapter, but do not abide by the terms of the Permit or in accordance with general tribal law (b) Both resident nonmembers and nonresident nonmembers shall be subject to the exclusion provisions of WSTC Chapter 300.

431.390 CHANGES TO RULES AND REGULATIONS. The Tribal Council shall have the power at any time to amend, change or modify any guidelines, and to add additional regulations as may from time to time, be necessary to assure protection of the public and Tribal property and resources.

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