Chapter 4.04
SEWER REGULATIONS
Sections:
4.04.005 Short Title.
4.04.010 Sewer Service Charge.
4.04.015 Billing, Collection or Payment of Sewer Service Charges.
4.04.025 Revenues to Be Separately Designated.
4.04.030 Hook-up to New Sewers Required; Permit Required; Violation; Abatement of Nuisances.
4.04.035 Use of Septic Tanks, Cesspools Prohibited Except with Special Permit.
4.04.036 Sewer Interceptors.
4.04.040 Sewer Connection Permit Required; Application for Permit.
4.04.045 Issuance of Permit.
4.04.050 Failure to Obtain Permit Deemed Violation of this Ordinance.
4.04.055 Permit Exemptions.
4.04.060 Sanitary Sewer Repair and Replacement Charge Imposed.
4.04.065 Computation of Charge.
4.04.005 Short Title.
BC 4.04.005 through 4.04.050 shall be known and may be cited as the “Sewer Regulation Ordinance” and may be referred to herein as “this ordinance”.
4.04.010 Sewer Service Charge.
The amount charged and collected as a connection charge from a person who holds a permit for use of a septic tank serving the person’s property as provided for in Section BC 4.04.035 shall be credited against the cost of connection of the person’s property to the public sewer system at such time as the connection is made. [BC 4.04.010, amended by Ordinance No. 3565, 5/5/87]
4.04.015 Billing, Collection or Payment of Sewer Service Charges.
A. The charges imposed by this ordinance are hereby made a part of the charges imposed for the use of water from the City water system.
B. All the provisions of BC 4.02.120 shall apply equally to and govern billing, collection and payment of sewer charges including, but not limited to, cutoff and renewal of service and imposition of liens against the property for failure to pay charges.
4.04.025 Revenues to Be Separately Designated.
All revenues, except those from inspection fees, resulting from the rates and charges authorized by the Sewer Regulation Ordinance shall be kept separate and apart from all other funds and shall be used for the construction, addition, improvement, financing, operation and maintenance of the sewer system of the City and the reserves shall be used for depreciation to the sanitary sewer facilities. [BC 4.04.025, amended by Ordinance No. 3387, 8/13/84]
4.04.030 Hook-up to New Sewers Required; Permit Required; Violation; Abatement of Nuisances.
A. The owner of any property is required to connect the property to public sewer facilities if:
1. use of the owner’s property requires sewage disposal facilities; and the owner’s property is adjacent to a street, alley or easement where a public sewer is located; or
2. the exterior boundaries of the owner’s land is within 100 feet of a sewer, main, conduit or lateral and the sewage will flow by gravity into the sewer, main, conduit or lateral, and the person(s) occupying the property do(es) not have a valid permit for use of an existing private system as provided in BC 4.04.055.
B. If the public sewer, main, conduit or lateral is already constructed and in use, the property owner must hook up immediately. If the public sewer, main, conduit or lateral has not yet been constructed or is not yet operating, the property owner must connect to the sewer, main, conduit or lateral within 90 days after the sewer, main, conduit or lateral becomes available for public use. The owner must obtain a permit in accordance with BC 4.04.045 to hook up to the sewer, main, conduit or lateral.
C. Any owner of property within the City who fails to connect to said sewer as required by subsections A and B shall be deemed to have committed a Class 1 Civil Infraction. The infraction shall be processed in accordance with the procedures set forth in BC 2.10.010 through 2.10.050, as it is now or hereafter constituted. A separate infraction will be deemed to occur each month the infraction continues to exist and a separate penalty may be imposed for each infraction.
D. In addition to the penalty imposed under BC 2.10.010 through 2.10.050, failure to hook up to public sewer facilities as required by subsection A and B shall be deemed a public nuisance and may be abated by any of the procedures set forth in the Nuisance Ordinance. [BC 4.04.030, amended by Ordinance No. 3565, 5/5/87]
4.04.035 Use of Septic Tanks, Cesspools Prohibited Except with Special Permit.
No person shall install, use or cause to be installed or used any cesspool, septic tank or other means of sewage disposal upon any property within the City limits (other than by connecting to the City sanitary sewage system), if such property by the terms of this ordinance would be required to connect to the City sanitary system, unless the person has a valid permit for use of an existing private system as provided in BC 4.04.055. A special permit for a separate sewage system or septic tank may be allowed by motion of the Council whenever there is no sanitary sewage disposal system operated by the City available to the tract of ground involved. [BC 4.04.035, amended by Ordinance No. 3565, 5/5/87]
4.04.036 Sewer Interceptors.
A. No person shall discharge or cause to be discharged into the sewer system:
1. Any water or waste containing fats, wax, grease or oils whether emulsified or not and whether containing vegetable or petroleum products or substances which may solidify or become viscous at temperatures between thirty two (32) and one hundred fifty (150) degrees Fahrenheit (0 and 65 Celsius); and
2. Any flammable wastes, sand, soil, conglomerate or other harmful ingredients which are not readily dissolved by water.
B. Any such discharger shall be required to install, use, maintain and keep in good working condition an interceptor. As used in this section, “interceptor” shall mean a device designed and installed so as to adjust, separate and retain deleterious, hazardous, or undesirable matter from sewage and to permit normal sewage or liquid wastes to discharge into the disposal terminal.
C. All such interceptors shall be of a type and capacity approved by the City in accordance with standards established by the City and shall be so located as to be readily and easily accessible for cleaning and inspection.
D. At the time of connection, new services shall have installed a City approved interceptor. For existing uses, a City approved interceptor shall be installed within 90 calendar days of written notice from the City unless extended for good cause shown, which cause shall be solely within the determination of the City. Where installed, all interceptors shall be maintained by the owner, at the owner’s expense, in continuously efficient operation at all times.
E. Failure to install or maintain an approved interceptor is a Class 1 Civil Infraction. Additionally, any actual costs incurred by the City due to an illegal discharge shall be billed to the owner or user directly. These remedies are in addition to any other legal, equitable or administrative remedies which may be available.
F. This section shall in no way substitute or eliminate the necessity for compliance with Federal, State or other local laws.
G. In addition to other penalties, violation of this section shall be deemed a public nuisance and may be abated by any of the procedures set forth in this Code. [BC 4.04.036, added by Ordinance No. 3412, 10/1/84]
4.04.040 Sewer Connection Permit Required; Application for Permit.
No person shall make or use any connection with the sanitary sewer system of the City without first having obtained a permit from the City to do so. No person shall connect a roof drain, surface water drain or storm drain with the sanitary sewer system of the City, nor shall any permit be issued for the connection of any roof drain, surface water drain, or storm sewer drain to the sanitary sewer system.
Any person desiring a permit to connect a building or structure to the sanitary sewer system of the City is required to apply to the City for the permit and shall pay permit, inspection and connection fees in accordance with the rates and charges established by the City and the Unified Sewerage Agency of Washington County and in effect at the time the permit is issued. The Council by resolution shall establish a sewer inspection fee. The finance director shall record the applicable Unified Sewerage Agency resolutions and orders with the City recorder. [BC 4.04.040, amended by Ordinance No. 3387, 8/13/84]
4.04.045 Issuance of Permit.
The issuance of a sewer connection permit on payment for the charges and fees pursuant to BC 4.04.040 entitles the holder to connect the building or facility for which the permit was issued to the City sanitary sewer system.
4.04.050 Failure to Obtain Permit Deemed Violation of this Ordinance.
No person shall:
A. Make any connection with the City sanitary sewer system without first having paid hook-up and any other authorized charges and fees and having obtained a written permit from the City to do so; or,
B. Install or use a cesspool, septic tank, or other means of sewage disposal other than connecting to the City sewage disposal system without a permit or in violation of the terms of a permit.
A violation of BC 4.04.050 A or B is a Class 1 Civil Infraction to be processed in accordance with the procedures set forth in BC 2.10.010 through 2.10.050, as it is now or hereafter constituted. Each day that a violation exists constitutes a separate violation.
4.04.055 Permit Exemptions.
A. A person who owns and occupies a single-family residence on property that was outside the boundary of the City on December 31, 1985, or after, and who has owned and occupied that same property at all times since annexation of same into the City, may apply as provided in this section for a permit exempting the person from the application of BC 4.04.030 and BC 4.04.035.
1. The City shall not accept any such application not received by the City within 90 days from the date of annexation of the property or 90 days from the date this section is effective, whichever is later.
2. As used in this section, the term “person” shall be deemed to include all persons holding title as tenants in common or by the entirety in the property on which a permit is sought.
B. A person described in subsection A of this section shall apply for such a permit in writing on a form provided by the City on which the person shall certify:
1. that the person meets the ownership and occupancy requirements set out in subsection A of this section; and,
2. That there exists on the premises occupied by the person as of the date of the application, a sanitary sewage disposal system in the form of a septic tank that it is in good working order, is of adequate capacity to serve all occupants of the property, and serves that property alone; and,
3. That the person understands and agrees to the schedule of charges to be imposed by the City for sewage disposal services notwithstanding the person’s desire to use an existing private system, and that all such charges once received are entirely the property of the City; and,
4. That the person or his/her representative currently does not have pending an application before any entity of government to partition the property in question nor is there currently in force and effect, an executed contract for sale of the property or a present possessory interest therein, including, but not limited to, an “earnest money agreement”; and,
5. That the person understands and agrees that any permit issued under this section is not transferable and is revocable at will by the Council, and any representation by the person to the contrary may constitute fraud; and,
6. That the person by submitting the application, consents to the City’s entry on the property in question to verify any and all of the person’s statements made in the application and to verify that the existing disposal system remains in good working order without substantial repair or replacement while this permit is in effect; and,
7. That the person will hold harmless and indemnify the City from any claim of damage to person or property alleged to be caused by the person’s private sewerage disposal system.
C. On receipt of a certified application from a person qualified under and within the time limit provided in subsection A of this section together with any fee the City may require, the City may cause an inspection to be made of the property including but not limited to the condition of the existing sewage disposal system. If the City in its sole discretion determines that all statements made in the application are true and complete, the City shall issue to the person, a revocable permit for the person’s continued use of the existing, private sewage disposal system on the property and for exemption from the application of BC 4.04.030 and BC 4.04.035.
D. Any permit issued under provision of this section shall be deemed revoked and thereby void and of no (further) force and effect:
1. Ab initio, if the City at any time determines that any material statements made on the application for the permit were false, whether or not the falsity was intentional; or,
2. If the person (or all persons) to whom the application is issued ceases to occupy the property as his/her principal residence or ceases to own the exclusive present right to possess the property; or,
3. If any entity of government of competent jurisdiction grants an order or permit for partition of the property, as the term “partition” is defined now or hereafter in the Development Code; or,
4. If the City in its sole discretion finds that the private sewerage disposal system serving the property no longer exists in good working order or that a major part of same has been or is about to be repaired or replaced since the permit first was issued; or,
5. If the person holding the permit denies the City entry upon the property in question to make an inspection contemplated in subsection D4 of this section; or,
6. If the City finds that the dwelling area of the property in question has been or is about to be substantially increased.
E. In addition to the provisions for revocation provided in subsection D of this section, the Council in its sole discretion by resolution may revoke any and all permits granted any person(s) under this section if it finds that the public interest so requires.
1. In the event that a permit granted under this section is revoked for any reason, no person shall be eligible to apply for or receive another such permit for the same property. [BC 4.04.055, added by Ordinance No. 3565, 5/5/87]
4.04.060 Sanitary Sewer Repair and Replacement Charge Imposed.
The owner or occupant of property within City boundaries that is subject to a charge imposed by the Clean Water Services District for use of the regional sanitary sewerage system, shall pay to the City a charge for the City’s repair and replacement of the City’s system in addition to and not in lieu of any similar sanitary sewer maintenance charge imposed by the District. The charge shall be that amount determined by the Council from time to time to be an equitable share of the City’s actual costs to repair and replace that portion of the regional system which the City owns and is responsible to maintain, the equitable share to be calculated according to the number of dwelling unit equivalents on the property. For definition purposes of this ordinance, "dwelling unit equivalent" has the meaning shown in Clean Water Services’ Resolution and Order No. 05 23, titled Clean Water Services Rates and Charges, or current adopted version of same. [BC 4.04.060, added by Ordinance No. 4371, 11/7/05]
4.04.065 Computation of Charge.
The charge shall be $1 per equivalent dwelling unit from February 1, 2006 until January 31, 2007. The charge shall be $2 per equivalent dwelling unit from February 1, 2007 until January 31, 2008. Effective February 1, 2008 and on February 1 of each calendar year thereafter, the charge shall be adjusted to reflect annual inflation in the cost to construct sanitary sewerage facilities as is shown in the construction cost index for Seattle, Washington, published in the ENR Engineering News-Record in January of each year. [BC 4.04.065, added by Ordinance No. 4371, 11/7/05]