Section 22-217.3 Inflow and infiltration reduction program.
Prior to the adoption of Ord. 21036 on 08/01/2011, Section 22-217.3 read as follows.
(a) Establishment and purpose. The inflow
and infiltration reduction program is hereby
(1) Reduce improper inflow and infiltration in the most
(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
(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
(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
(5) The property has a private inflow and infiltration
source listed on the following Table 1:
(up to 4)
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
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,
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
(3) The director shall give the owner written notice of the total work required
and eligible for
(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
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
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
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
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)