(a) There is hereby established the Colville Sewer Board (hereinafter "board") to serve as

the administrative board for sewer services and facilities within the Greater Nespelem

Sewer Service Area.

(b) The Greater Nespelem Sewer Service Area shall means all real property

encompassed within the lands described as follows:

(c) The board shall be responsible for assuring that the operation of the system set out in

this Chapter adheres to the dictates of the sewer Chapter and any regulations promulgated

thereunder and that the system is responsive to the needs of this customers, fiscally

responsible, and viable.

(d) The board will consist of five members. Four members will be appointed by the

Colville Business Council from among the residents of the Greater Nespelem Sewer

Service Area. The fifth member will be appointed by the Colville Business Council upon

the recommendation of the Council of the town of Nespelem. All members of the board

shall serve at the pleasure of the Colville Business Council.

(e) Within ten (10) days after the appointment of the initial board, there shall be an

organizational meeting of the board to elect a chairman, vice chairman, and secretary-

treasurer. The initial officers shall serve until the first anniversary date of the approval

of this Chapter by the Colville Business Council. Thereafter, new officers shall be

elected each year on the anniversary date of such approval. All officers shall serve until

their successors are elected.

(f) The secretary shall keep or cause to be kept a complete and accurate record of all

meetings, copies of which will be furnished to the board.

(g) A minimum of three members of the board shall constitute a quorum. Any action

taken by the board must be taken by approval of at least three board members.

(h) If any members of the board shall die, resign, or be terminated by the Council, a

vacancy in his office shall automatically be created which vacancy shall be filled

immediately by the Colville Business Council. Such appointment shall be made

consistent with the membership pattern for the board established by this Chapter.

(i) The board shall meet when business demands and requires attention. Meetings may

be called by the chairman, or upon request in writing of two members of the board. If

the chairman fails to call a meeting within five (5) days after receipt of a written request,

any other two members of the board may call such meeting.

(j) The chairman or vice chairman of the board may sign such papers as the board may

authorize for and on behalf of the board. All such authorizations shall be reflected in the

records of the meetings.

(k) Each member of the board, including the chairman, shall be entitled to vote on each

matter coming properly before the board.

(l) The Colville Business Council shall have full plenary authority over the board. The

board shall be responsible for providing management and overall responsibility for the

sewer service area and its projects. It shall have the power, with prior approval of the

Council in each case, to borrow funds for the operation and/or expansion of the sewer

system, to take and give evidence of indebtedness, collateral, and other security for loans

and advances. It shall have the power, with prior approval of the Council in each case, to

enter into business contracts and to do all things necessary to carry out the responsibilities

hereunder, and specifically the responsibilities delegated to it under this Chapter.

However, the board shall not enter into any litigation without specific authorization of

the Council nor may the board waive immunity from suit without such specific

authorization. This Chapter shall not constitute a waiver of the sovereign immunity of

the Colville Confederated Tribes.

(a) "Authorized personnel" means employees of the Colville Confederated Tribes

bearing current credentials and identification.

(b) "Biochemical oxygen demand" (BOD) means the quantity of oxygen utilized in

the biochemical oxidation of organic matter under standard laboratory procedure in five

(5) days at 20°C., expressed in milligrams per liter.

(c) "Board" means the Colville Sewer Board as defined in section 6-7-1(a).

(d) "Building drain" means that part of the lowest horizontal piping of a drainage

system which receives the discharge from wastes inside the walls of the building and

conveys it to the building sewer, beginning two (2) feet (0.6 meters) from outside the outer

face of the building wall.

(e) "Building sewer" means the extension from the building drain to the side sewer or

other place of disposal, also called house-connection.

(f) "Easement" means an acquired legal right for the specific use of land owned by

others.

(g) "Floatable oil" means oil, fat, or grease in a physical state such that it will separate by

gravity from wastewater by treatment in an approved pretreatment facility. A wastewater

shall be considered free of floatable fat if it is properly pretreated and the wastewater does

not interfere with the collection system.

(h) "Garbage" means the animal and vegetable waste resulting from the handling,

preparation, cooking, and serving of foods.

(i) "Industrial wastes" means the wastewater from industrial processes, trade, or

business as distinct from normal domestic or sanitary wastes.

(j) "Natural outlet" means any outlet, including storm sewers and combined sewer

overflows, into a watercourse, pond, ditch, lake, or other body of surface or groundwater.

(k) "May" is permissive (see "shall," section 6-7-2(s)).

(l) "Person" means any individual, firm, company, association, society, corporation, or

group.

(m) "pH" means the reciprocal of the logarithm of the hydrogen ion concentration. The

concentration is the weight of hydrogen ions in grams per liter of solution. Neutral water,

for example, has a pH value of 7 and a hydrogen ion concentration of 10-7.

(n) "Properly shredded garbage" means 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 sewers, with no particle greater that

½ inch (1.27 centimeters) in any dimension.

(o) "Sanitary sewer" means a sewer that carries liquid and water-carried wastes from

residences, commercial buildings, industrial plants, and institutions together with minor

quantities of ground, storm, and surface waters that are not admitted intentionally.

(p) "Sewage" means the spent water of a community. The preferred term is "wastewater,"

section 6-7-2(z).

(q) "Sewer" means a pipe or conduit that carries wastewater and pumping stations and

other appurtenances as may be required or included to facilitate flow of wastewater.

(r) "Sewer system" means the total system of sewers controlled by the Colville Sewer

Board.

(s) "Shall" is mandatory (see "may," section 6-7-2(k)).

(t) "Side sewer" means the sewer from the main collection sewer, in either public right-

of-way or easement to the building sewer (usually at the boundary of the property being

served).

(u) "Slug" means any discharge of water or wastewater which in concentration of any

given constituent or in quantity of flow exceeds for any period of duration longer than fifteen

(15) minutes more than five (5) times the average twenty-four (24) hour concentration or

flows during normal operation and shall adversely affect the collection system and/or

performance of the wastewater treatment works.

(v) "Storm drain" (sometimes termed "storm sewer") means a drain or sewer for

conveying rainwater, groundwater, subsurface water or unpolluted water from any other

source.

(w) "Suspended solids" means total suspended matter that either floats on the surface of,

or is in suspension in, water, wastewater, or other liquids, and that is removable by

laboratory filtering as prescribed in "Standard Methods for the Examination of Water and

Wastewater" and referred to as nonfilterable residue.

(y) "Unpolluted water" means water of quality equal to or better than the effluent criteria in

effect or water that would not cause violation of receiving water quality standards and would

not be benefited by discharge to the sanitary sewers and wastewater treatment facilities

provided.

(z) "Wastewater" means the spent water of a community. From the standpoint of

source, it may be a combination of the liquid and water-carried wastes from residences,

commercial buildings, industrial plants, and institutions, together with any groundwater,

surface water, and stormwater that may be present.

(aa) "Wastewater treatment works" means an arrangement of devices and structures for

treatment and disposal of wastewater and certain industrial wastes. Sometimes used as

synonymous with "waste treatment plant" or "wastewater treatment plant" or "water

pollution control plant."

(bb) "Watercourse" means a natural or artificial channel for the passage of water either

continuously or intermittently.

(a) It shall be unlawful to discharge to any natural outlet within the Greater Nespelem Sewer

Service Area, any wastewater or other polluted waters, except where suitable treatment has

been provided in accordance with subsequent provisions of this Chapter.

(b) Except as hereinafter provided, it shall be unlawful to construct or maintain any privy,

privy vault, septic tank, cesspool, or other facility intended or used for the disposal of

wastewater.

(c) The owner(s) of all houses, buildings, or properties used for human occupancy,

employment, business, recreation, or other purposes, situated within the Greater Nespelem

Sewer Service Area, and located within 200 feet of any sanitary sewer within and part of the

sewer system is hereby required, at the owner(s)’ expense, to install suitable toilet facilities

therein, and to connect such facilities directly with and to the proper sanitary sewer in

accordance with the provisions of this Chapter, within ninety (90) days after date of official

notice to do so by the Board.

(a) No unauthorized person shall uncover, make any connections with or opening into,

use, alter, or disturb any sewer or appurtenance thereof without first obtaining a written

permit from the board.

(b) There shall be one (1) class of building sewer permits: residential or commercial service.

The owner(s) or his agent shall make application on a special form furnished by the board.

The permit application shall be supplemented by any plans, specifications, or other

information considered pertinent in the judgement of the board. A connection or permit fee

shall be charged as set forth in section 6-7-8.

(c) All costs and expenses incidental to the installation and connection of the building sewer

shall be borne by the owner(s). The owner(s) shall indemnify the Tribe from any loss or

damage that may directly or indirectly be occasioned by the installation of the building

sewer.

(d) Connections by users outside the Greater Nespelem Sewer Service Area shall be made

only upon specific approval from the board. Upon approval, the user shall install all

required extensions to the sewer system in accordance with specifications established by the

board and shall pay all applicable fees and charges.

(e) A separate and independent building sewer shall be provided for every building or

residence, except where one building or residence stands at the rear of another on an interior

lot and no sewer is available or can be constructed to the rear building or residence through

an adjoining alley, courtyard, or driveway. In this case the side sewer to the front building or

residence may be extended to the rear building or residence with the board's approval. The

Tribes does not and will not assume any obligation or responsibility for maintenance or

damage caused by or resulting from any single connection aforementioned.

(f) Old building sewers may be used in connection with new buildings only when they are

found on examination and test by the board to meet all requirements of this Chapter.

(g) The size, slope, alignment, materials of construction of a building sewer, and the

methods to be used in excavating, placing of the pipe, jointing, resting, 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 and/or as required by the board.

(h) Whenever possible, the building sewer shall be brought to the building at an elevation

below the basement floor. In all buildings in which any building drain is too low to permit

gravity flow to the sewer system, sewage carried by such building drain shall be lifted by an

approved means and discharged to the building sewer.

(i) No person shall make connection of roof downspouts, foundation drains, areaway

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 sanitary sewer unless such

connection is approved by the board for purposes of disposal of polluted surface drainage.

(j) The connection of the building sewer into the sewer system shall conform to the

requirements of the building and plumbing code or other applicable rules and regulations of

the Tribe and/or as required by the board. All such connections shall be made gastight and

watertight and verified by proper testing. Any deviation from the prescribed procedures and

materials must be approved by the board before installation.

(k) The applicant for the building sewer permit shall notify the board when the building

sewer is ready for inspection and connection to the sewer system. The connection and

testing shall be made under the supervision of an authorized representative of the board.

(l) 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 property disturbed in the course of the work shall be restored in a manner

satisfactory to the board.

(m) All construction related to sewer installation within the Greater Nespelem Sewer Service

Area shall be governed by the latest edition of the Washington State Chapter American

Public Works Association Standard Specifications for Municipal Public Works

Construction.

(a) No person shall discharge or cause to be discharged any unpolluted waters such as

stormwater, groundwater, roof runoff, subsurface drainage, or cooling water to the sewer

system.

(b) Stormwater and all other unpolluted drainage shall be discharged to such sewers as are

specifically designated as storm drains or to a natural outlet. Unpolluted industrial cooling

water of process waters shall be discharged to a storm drain or natural outlet.

(c) No person shall discharge or cause to be discharged any of the following described

waters or wastes to the sewer system:

(d) The following described substances, materials, waters, or waste shall be limited in

discharges to the sewer system to concentrations or quantities which will not harm either the

sewer system, waste water treatment works processes, or equipment, will not have an

adverse effect on the underlying groundwater, or will not otherwise endanger lives, limb,

public property, or constitute a nuisance. The board may set limitations lower than the

limitations established in the regulations below if, in the opinion of the board, such more

severe limitations are necessary to meet the above objectives. In forming an opinion as to

the acceptability, the board will give consideration to such factors as the quantity of subject

waste in relations to flows and velocities in the sewers, materials or construction of the

sewers, the wastewater treatment process employed, capacity of the wastewater treatment

works, degree of treatability of the waste in the wastewater treatment works, and other

pertinent factors. The limitations or restrictions on materials or characteristics of waste or

wastewaters discharged to the sewer system which shall not be violated without approval of

the board are as follows:

(e) If any waters or wastes are discharged or are proposed to be discharged to the sewer

system, which waters contain the substances or possess the characteristics enumerated in

section 6-7-5(d) and which in the judgment of the board may have a deleterious effect upon

the sewer system, wastewater treatment works, processes, equipment, or underlying

groundwater, or which otherwise create a hazard to life or constitute a public nuisance, the

Board may:

(f) Grease, oil, and sand interceptors shall be provided when, in the opinion of the board,

such devices are necessary for the proper handling of liquid wastes containing floatable

grease in excessive amounts, as specified in section 6-7-5(d)(3), or any flammable wastes,

sand, or other harmful ingredients, except that such interceptors shall not be required for

private living quarters or dwelling units. All interceptors shall be of a type and capacity

approved by the board and shall be located as to be readily and easily accessible for cleaning

and inspections. In the maintaining of the interceptors, the owner(s) shall be responsible for

the proper removal and disposal by appropriate means of the captured material and shall

maintain records of the dates and means of disposal. Any removal and hauling of the

collected materials not performed by owner(s)' personnel shall be performed by currently

licensed waste disposal firms.

(g) Where pretreatment or flow equalizing facilities are provided or required for any waters

or wastes, they shall be maintained continuously in satisfactory and effective operation by

the owner(s) at his expense.

(h) All measurements, tests, and analyses of the characteristics of waters and wastes to

which reference is made in the Chapter shall be determined in accordance with the latest

edition of "Standard Methods for the Examination of Water and Wastewater," published by

the American Public Health Association. Sampling methods, location, times, durations, and

frequencies are to be determined on an individual basis subject to approval by the board.

(a) No person(s) shall maliciously, willfully, or negligently break, damage, destroy, uncover,

deface, or tamper with any structure, appurtenance, or equipment which is a part of the sewer

system and wastewater treatment works. Any person violating this provision shall be

subject to immediate arrest under charge of disorderly conduct.

(a) The members of the board and any duly authorized employees of the Tribe shall be

permitted to enter all properties for the purposes of inspection, observation, measurement,

sampling, and testing pertinent to discharge to the sewer system in accordance with the

provisions of this Chapter.

(b) The members of the board and any duly authorized employees of the Tribe shall be

permitted to enter all private properties through which the Tribe holds a duly negotiated

easement for the purposes of, but not limited to, inspection, observation, measurement,

sampling, repair, and maintenance of any portion of the sewer system lying within said

easement. All entry and subsequent work, if any, on said easement shall be done in full

accordance with the terms of the duly negotiated easement pertaining to the private property

involved.

(a) The following classifications of users and the following monthly usage rates are hereby

established and shall be charged to all users of the sewer system and treatment facility of the

Greater Nespelem Sewer Service area as set forth herein below:

(b) The owners of all improved real property served by the sewer system shall be legally

liable to the Colville Confederated Tribes for payment of all sewer charges assessed against

said property. The Colville Confederated Tribes shall have a lien against all real property,

except property held in trust by the United States of America, together with improvements

thereon, for all delinquent charges assessed against said real property. In the event of

delinquency in payment of sewer use charges or other proper charges related to the operation

of the sewer system, the Colville Confederated Tribes shall have the right to collect said

delinquent charges by all appropriate means, including but not limited to foreclosure of said

lien. In event such charges remain delinquent for more than fourteen (14) days, the Tribe

shall have the right to disconnect the water or other utility service and a charge of $5.00 shall

be made for reconnecting such service.

(c) Monthly billings for sewer use charges shall be rendered to all customers. All accounts

shall be due and payable within thirty (30) days from the date of billing, and delinquent

accounts shall bear interest at the rate of 8% per annum from the date upon which payment is

due.

(d) There shall be a permit fee of $25.00 assessed to all customers making application for

connection into the sewer system.

(a) Any person found to be violating any provision of this Chapter except section 6-7-6 shall

be served with written notice stating the nature of the violation and providing a ninety (90)

day time limit for the satisfactory correction thereof. The offender shall, within the period of

the time stated in such notice, permanently cease all violations.

(b) Any person who shall continue any violation beyond the time limit provided for in

section 6-7-9(a) shall be guilty of an offense and on conviction thereof shall be fined in an

amount not exceeding $100.00 for each violation. Each day in which any such violation

shall continue shall be deemed a separate offense.

(c) Any person violating any of the provisions of this Chapter shall become liable for any

engineering, legal, or administrative expense, loss, or damage occasioned by reason of such

violation.

(a) The invalidity of any section, clause, sentence, or provision of this Chapter shall not

affect the validity of any other part of this Chapter which can be given effect without such

invalid part or parts.

(a) This Chapter shall take effect and be in force five (5) days from and after date of passage

of the resolution of approval and adoption.