Title 9
HEALTH AND SANITATION
Chapters:
9.04 MAINTENANCE OF PROPERTY
9.04.010 Maintenance required – Responsibility.
9.04.020 Extent of menace – Appeal.
9.04.030 Definitions.
9.04.040 Minimum requirements.
9.04.050 Failure to comply with regulations.
9.04.060 Penalty for violation.
9.08 FLUORIDATION
9.08.010 Fluoride supplementation.
9.12 CONSTRUCTION SITE TOILET FACILITIES
9.12.010 Facilities required during construction.
9.14 REMEDIATION OF CONTAMINATED SOIL
9.14.010 Permit required.
9.14.020 Permit application.
9.14.030 Permit fee.
9.14.040 Remediation standards.
9.14.050 Variance from minimum remediation standards.
9.14.060 Appeals process.
9.14.070 Penalty.
Chapter 9.04
MAINTENANCE OF PROPERTY1
Sections:
9.04.010 Maintenance required – Responsibility.
9.04.020 Extent of menace – Appeal.
9.04.030 Definitions.
9.04.040 Minimum requirements.
9.04.050 Failure to comply with regulations.
9.04.060 Penalty for violation.
9.04.010 Maintenance required – Responsibility.
Any person who is the owner or in control of, or the agent for, any lot, parcel of land or premises in the City shall be required to maintain such premises in a fashion conducive to good sanitation such that no menace to the public health or well-being shall be created nor made likely to be created by any conditions which may exist or come to exist upon such premises. (Ord. 4129 § 1, 1978).
9.04.020 Extent of menace – Appeal.
(1) The Health Officer as designated by the City Council and/or the Public Works Director shall be empowered to determine the extent to which any particular situation is a menace to the public health or well-being, and shall be further authorized to determine the appropriate measures to be taken and the time allowed for the removal of such menace, and the person who is the owner of, or the agent for the affected property, shall be required to take the prescribed measures in the time allowed.
(2) Should the ruling of the Public Works Director and/or Health Officer appear to be overly harsh or unjust, the affected party may appeal to the City Council in writing and within seven days from the ruling by the Public Works Director and/or Health Officer. At the first regular meeting following receipt of said appeal, the Mayor shall appoint a committee of at least three disinterested persons, including at least one doctor of medicine who shall investigate the particular situation and ruling and make recommendations concerning the same. The Public Works Director and/or Health Officer shall then be bound to comply with such recommendations. (Ord. 4129 § 2, 1978).
9.04.030 Definitions.
For the purposes of this chapter, the following words, phrases, abbreviations, terms and their derivatives shall be construed as specified in this section. Words used in the singular shall include the plural and the plural the singular.
(1) “Domestic water supply” means any water supply system which serves potable water including wells.
(2) “Potable water” means water which is sufficiently free from biological, chemical, physical or radiological impurities so that users thereof will not be exposed to or threatened with exposure to disease or harmful physiological effects and which has such other physical properties as to be palatable to humans for drinking purposes.
(3) “Privy” means a detached building used by humans for the purposes of defecation or urination and lacking a means of automatic discharge of the matter deposited; pit toilet. This definition shall not include properly serviced and maintained chemical toilets used on a temporary basis at construction sites or to service periodic or irregularly scheduled short term activities. Such temporary use shall not exceed 90 days without approval of the Director of Public Works. (Ord. 5026 § 1, 1993; Ord. 4129 § 3, 1978).
9.04.040 Minimum requirements.
Minimum requirements for good sanitation shall include at least the following:
(1) No privy, water closet or plumbing connected indirectly to a domestic water supply not connected to a sanitary sewer of the City shall be constructed, maintained or used. Exceptions to this requirement for the connection to a sanitary sewer shall be allowed only by consent of the City Council which shall be done in the form of the City waste nonconnection permit. Application for a City waste nonconnection permit shall be made to the City Council setting forth a description of the property involved with reasons that a sewage nonconnection permit should be granted. Sewage nonconnection permits shall be issued for a period not to exceed one year and will expire one year from date of issue. Requests for renewal of sewage nonconnection permits will be made in the same manner as an application for an original sewage waste nonconnection permit.
(2) No human excreta, kitchen wastes, laundry water, sink water or toilet wastes should be allowed to discharge or flow upon the surface of the ground or into any ditch, gutter, street, roadway or public place, nor shall such wastes discharge onto any private property so as to create a nuisance or health hazard.
(3) No abandoned or deep well shall be used for the disposal of sewage or household or industrial wastes. No privy vault, cesspool or septic tank, allowed under a City waste nonconnection permit shall be used unless the same is watertight and shall be located in any water-bearing stratum, nor shall any privy vault, cesspool or septic tank be located so that the same may pollute any domestic water supply. (Ord. 4129 § 4, 1978).
9.04.050 Failure to comply with regulations.
Failure to comply with the rules and regulations governing sanitation issued by the Oregon State Board of Health shall be prima facie evidence of violation of this chapter. (Ord. 4129 § 5, 1978).
9.04.060 Penalty for violation.
Any person violating any of the provisions of Section 9.04.010 or failing to meet the minimum requirements in Section 9.04.040 or failing to comply with the provisions of Section 9.04.050 shall be deemed guilty of a misdemeanor and shall be subjected to those penalties provided in Section 1.04.010 of this code. (Ord. 4129 § 6, 1978).
Chapter 9.08
FLUORIDATION
Sections:
9.08.010 Fluoride supplementation.
9.08.010 Fluoride supplementation.
The City of Albany, in compliance with the mandate of the citizens by an election regularly held on November 5, 1968, shall provide for fluoride supplementation of its public water supply in compliance with the rules and regulations of the Oregon State Board of Health. (Ord. 4670 § 1, 1985; Ord. 3343 § 1, 1968).
Chapter 9.12
CONSTRUCTION SITE TOILET FACILITIES
Sections:
9.12.010 Facilities required during construction.
9.12.010 Facilities required during construction.
Before the construction of any building or structure is started, a temporary water-flushed toilet or an approved chemical toilet shall be maintained throughout the construction of the building or structure. If a water-flushed toilet is used, the toilet shall be connected to the sewer and tile pipe without a vent may be used for the installation. The person in whose name the building permit for the construction has been issued is charged with the requirement for providing the temporary water-flushed toilet or approved chemical toilet and is charged with the requirement of maintenance of the facilities during the course of construction. (Ord. 3043 § 2, 1963).
Chapter 9.14
REMEDIATION OF CONTAMINATED SOIL
Sections:
9.14.010 Permit required.
9.14.020 Permit application.
9.14.030 Permit fee.
9.14.040 Remediation standards.
9.14.050 Variance from minimum remediation standards.
9.14.060 Appeals process.
9.14.070 Penalty.
9.14.010 Permit required.
It shall be unlawful to clean or remediate contaminated soil within the City of Albany without having first obtained a permit to do so from the Chief of the Fire Department of the City of Albany or his/her designee. Soil shall be deemed contaminated for purposes of this section if the cleaning or remediation of said soil is mandated by any state or federal law, rule, or regulation. (Ord. 4963 § 1, 1991).
9.14.020 Permit application.
An application for a permit to remediate contaminated soil at any site within the City of Albany shall be made on a form prescribed by the City. The application shall be complete in all respects and shall contain, at a minimum, the following information:
(1) The name of the permittee and the name of the owner of the property on which the soil will be remediated.
(2) The location at which remediation is proposed.
(3) The source of the contaminated soil.
(4) The nature of the contaminant.
(5) A site plan map showing the boundaries of the site, all physical improvements on the site, the portion of the site to be used for remediation, the total land area of the site to be used for remediation.
(6) A letter of authorization from the State of Oregon, Department of Environmental Quality authorizing remediation at the site.
(7) The proposed location for the contaminated soil after remediation.
(8) The application must be made both by the owner of the property upon which the remediation will occur and the person in charge of the remediation work. (Ord. 4963 § 1, 1991).
9.14.030 Permit fee.
A fee set by Council resolution shall accompany any application for a soil remediation permit. (Ord. 4963 § 1, 1991).
9.14.040 Remediation standards.
No remediation of contaminated soil shall be permitted in the City of Albany except in accordance with the minimum standards set forth below unless a variance is granted by the Chief of the Fire Department of the City of Albany or his/her designee as set forth in Section 9.14.050 below. Minimum soil remediation standards shall include:
(1) Compliance with all state or federal laws, rules, or regulations concerning the remediation of contaminated soil.
(2) Compliance with all other local laws, ordinances, or regulations governing the remediation of contaminated soil.
(3) Compliance with any requirement or direction lawfully issued by any state, federal, or local agency having jurisdiction over the remediation of contaminated soils.
(4) All soil piles will be fully encapsulated.
(5) A 20 mil visquine liner will be placed at the bottom of the pile to prevent any leaching of the contaminant to the ground below.
(6) The side walls and surface of the soil pile will be completely encapsulated with 10 mil visquine to prevent rain water contamination and run off as well as to contain uncontrolled vapor emissions.
(7) The remediation area will be bermed as necessary to contain any unexpected runoff or release to the environment.
(8) A positive pressure pump or vacuum will be installed and used to extract hydrocarbon vapor particles from the soil pile.
(9) All contaminated water collected through the recovery process must be contained and disposed of according to current standards of the State of Oregon, Department of Environmental Quality.
(10) Any and all water released through the cleaning of the system must be disposed of in compliance with current State of Oregon, Department of Environmental Quality standards and current standards of the City of Albany.
(11) The emissions stack must be engineered and designed to meet performance standards established by the State of Oregon, Department of Environmental Quality.
(12) The soil, after remediation, must be disposed of in compliance with all state, federal, and local environmental and land use regulations. (Ord. 4963 § 1, 1991).
9.14.050 Variance from minimum remediation standards.
(1) If a permittee seeks to remediate contaminated soil through any process not in full compliance with the minimums set forth in Section 9.14.040 above, the applicant for the permit may propose a variance to the standards in the permit application. In such event, the applicant shall identify, in detail, which requirements it seeks to be relieved of and shall provide a written explanation of the precise method of remediation proposed and all safeguards which the applicant proposes to employ.
(2) No variance shall be granted to any state or federal law, ordinance, or regulation, unless accompanied by written confirmation, from the state or federal regulatory agency having responsibility for the enforcement of the law, rule, or regulation in question, authorizing the proposed variance.
(3) The Chief of the Fire Department of the City of Albany, or his/her designee, will review the proposed variance application and, unless the variance is otherwise prohibited, shall grant the variance if the applicant has established, by clear and convincing evidence, that the method of remediation proposed in the variance will effectively remediate the contaminant while, at the same time, providing a level of safety and protection to the environment at least as great as that which would be obtained with compliance with the minimum standards set forth in Section 9.14.040 above.
(4) No variance will be granted unless the applicant, by clear and convincing evidence, has established all of the following:
(a) That at no time will the release of volatile emissions posing a potential threat of fire or explosion be allowed.
(b) That any and all water run off will be contained and disposed of in accordance with all applicable state, federal and local laws, ordinances and regulations.
(c) That if discharge of water run off is proposed into the City’s storm drainage system, a letter of authorization has been obtained from the City Engineer of the City of Albany.
(d) The remediation project shall have clearly demonstrated the ability to prevent the release of noxious petroleum odors that are detectable by humans beyond the remediation site.
(e) That at no time will leachate from the contaminated soil be allowed to make contact with uncontaminated soil. (Ord. 4963 § 1, 1991).
9.14.060 Appeals process.
(1) Should the Chief of the Fire Department of the City of Albany, or his/her designee, decline a soil remediation application or an application for a variance, the applicant may request a hearing before the City Council of the City of Albany. Such a request for hearing must be received, in writing, by the Chief of the Fire Department of the City of Albany, within 10 days of the date that the applicant is notified, in writing, of the denial of the application. The Request for Hearing must also contain a statement of the reasons why the applicant believes the denial was in error.
(2) Upon timely receipt of a Request for Hearing, the City Council of the City of Albany shall schedule a hearing concerning the permit denial at which time the permit applicant, and representatives of the Fire Department of the City of Albany shall be permitted to give testimony. The Mayor of the City of Albany, with the advice of the City Attorney of the City of Albany shall prescribe hearing procedures.
(3) The burden of proof at the hearing shall rest with the applicant. The standards shall be clear and convincing evidence that all elements of the application criteria, or variance criteria, have been met in full and that the decision of the Fire Chief of the City of Albany was in error.
(4) The City Council of the City of Albany shall have authority to reverse, affirm, or modify the decision of the Fire Chief of the City of Albany, however, nothing contained herein shall authorize the City Council to issue a soil remediation permit if such permit would violate applicable state, federal, or local laws, ordinances and regulations. (Ord. 4963 § 1, 1991).
9.14.070 Penalty.
Violation of any of the terms of this section, including the failure to comply with any of the terms of a soil remediation permit shall be a misdemeanor punishable under the general penalty provisions of AMC Chapter 1.04. (Ord. 4963 § 1, 1991).
Footnotes
