Section 22-217.3 Inflow and infiltration reduction program.

    (a)    Establishment and purpose.  The inflow and infiltration reduction program is hereby established to:

    (1)    Reduce improper inflow and infiltration in the most cost-effective manner;

    (2)    Eliminate or reduce instances of surcharged sanitary sewers due to improper inflow and infiltration which are inimical to public health and welfare;

    (3)    Reduce the chance of sanitary sewer backups;

    (4)    Reduce the need for construction of expanded or relief sewers; and

    (5)    Maximize efficient operation and prevent overload of the wastewater treatment plant.

    (b)    Definitions.  The following definitions apply to this section:

    Program means the inflow and infiltration reduction program.

    Eligible participants means an owner of property that meets all of the following criteria:

    (1)    The property has been studied for inflow and infiltration by the City;

    (2)    The property is used as an owner-occupied residence having three (3) units or less;

    (3)    The property is in a target area;

    (4)    The structure on the property was constructed before 1996; and

    (5)    The property has a private inflow and infiltration source listed on the following Table 1:

Private Inflow and Infiltration Source  
City Reimbursement  
Sump Pump (disconnect existing pump from sewer and permanently discharge outside residence)  
Downspout (up to 4)  
Uncapped Cleanout (s)  
$75.00 each  
Lateral Connection  

    Inflow and infiltration means the entry of any groundwater, storm water or unpolluted water into the sanitary sewer system; except in accordance with the provisions of this article and the Plumbing Code of the city.

    Target area means an area within the city determined by the director to have the highest priority for reduction of improper inflow and infiltration based on surcharging problems and basement backups.

    Improper inflow and infiltration means any unlawful inflow and infiltration under this code.

    (c)    Scope of program.  The program is limited to properties in a target area and eligible participants.  Participation in the program shall be voluntary.  Owners declining to participate shall be required to remove the improper inflow and infiltration at the owners’ expense and shall be subject to all other remedies the city may have at law or equity.  The program may reimburse the participating property owner or reimburse the participating property owner's contractor for work listed in Table 1 that meets all the requirements of the city.

    (d)    Scope of work.  The director shall determine the scope of work for all property involved in the program.  City reimbursement for work under the program shall not exceed the maximums in Table 1.

(1)    All disconnections or rerouting of discharge shall comply with all laws, regulations and requirements and be designed as a permanent solution that shall minimize the possibility of improper disconnection and discharge of water that is improper, causes a nuisance or is a detriment to the health, safety and welfare of the public.

(2)    If work paid for under this program does not eliminate every improper inflow and infiltration for property in the program, the director may issue supplemental violations under section 22-217.  If additional work is required, it shall be performed at the owner’s expense.

(3)    The director shall give the owner written notice of the total work required and eligible for reimbursement.

    (e)    Approved contractors.  The director shall establish a list of private contractors or contractor teams that are willing to perform work under this program.  Any contractor may be added to the list if the contractor meets the following requirements:

(1)    The contractor shall request in writing to be added to the list and that the contractor is willing to perform the work in the program; and

(2)    The contractor is a licensed plumber; and

(3)    The contractor shall maintain insurance and provide proof of insurance upon request by the director or the owner; and

(4)    The contractor shall attend a training on the goals of the program and on all the requirements of the city; and

(5)    The contractor shall be a business license holder in good standing for at least two (2) years.

Participating owners may propose additional contractors for inclusion in the approved list. Approved contractors may remove themselves from the list by written request.  Approved contractors may be removed from the list by the city for any of the following reasons:

(1)    Any defect in workmanship or use of substandard materials; or

(2)    Any failure to complete the work; or

(3)    Exceeding the bid given on a project.

    (f)    Contractor selection. Participating owners may either select a private contractor from the list or agree to perform the work themselves.  Participating owners shall select a contractor in accordance with a process established by the director which shall include the following:

(1)    The participating owner shall obtain three (3) bids from approved contractors and submit them to the director.

(2)    The director shall:

        a.     Review the bids to make sure the bid covers the written notice of the total work required.

        b.    Approve eligibility for reimbursement for the lowest responsible bid that covers all required work and does not exceed the maximum reimbursement under Table 1.

        c.    Reject any bid that fails to address or exceeds the scope of work and the total work required or exceeds the maximum reimbursements in Table 1.

(3)    After the owner receives the statement of eligibility form, the owner may either:

    a.     Contract with the eligible contractor using the city-provided form contract for performance of the approved scope of work.  The city shall not be a party to the contract; or

    b.    The owner may chose not to participate in the program by written notice or a failure to return the form contract within thirty (30) days after receiving the statement of eligibility.

    (g)    Work performed by owners.  Participating owners who elect to perform the work themselves must first have the scope of work and plans and specifications approved by the director.  The director shall only make reimbursement for materials used by owner-performed work.  No payment shall be made until the work is completed, inspected and approved by the director.  To be eligible for reimbursement, a request for payment must be accompanied by supporting receipts for materials, supplies and equipment.

    (h)    Release. As a condition to participate in the program, the owner shall release the city, and its officers and employees, from all liability relating to the work.

    (i)    Payment. After the work is inspected and approved by the director and the owner, the director shall authorize payment for the entire cost of the approved work.  Partial payments may not be made except that, in the sole discretion of the director, the city may retain a portion of the payment to ensure the completion of punch list items.  Payment may be made to the owner, to the contractor, or jointly to the owner and contractor, in the director's sole discretion.

    (j)    Maintenance.  Participating owners shall be responsible for maintaining and replacing, as needed, any improvements constructed under this program.

    (k)    Rules and regulations.  The director is authorized to establish rules and regulations for the program that are consistent with the provisions of this section.

(Ord. No. 20895, § 1, 3-7-11; Ord. No. 21036, § 1, 8-1-11)

(Ord. 21036, Amended, 08/01/2011, Prior Text; Ord. 20895, Added, 03/07/2011)