Chapter 15.08
SEWER RATES AND REGULATIONS

Sections:

15.08.010    Establishment of sewer rates and charges.

15.08.020    Metro charges.

15.08.030    Class 2 users – Meters required – Computation of charges.

15.08.040    Liability for sewage disposal charges.

15.08.050    Mailing of bills.

15.08.060    Charges payable concurrently with water bills.

15.08.070    Billing periods – Computation of charges – Penalties for delinquency – Property lien – Water shutoff for nonpayment.

15.08.080    Previous charges and penalties unaffected by chapter.

15.08.090    District’s administrative code adopted by reference.

15.08.100    Discharge of fat, oil or grease into city sewer system.

15.08.010 Establishment of sewer rates and charges.

A. The rates, charges and permit fees for sewage disposal services supplied by the city including a charge for storm and surface water drainage facilities operation and maintenance shall be established by the city council by resolution from time to time. A copy of said resolution shall be on file in the office of the city clerk.

B. All property, and the owners of that property, to which sewage disposal service of the city sanitary sewer system is available, whether or not connection to the sanitary sewer system of the city has been made, shall be subject to and liable for the payment of the rates and charges for sewage disposal service of the city as provided in this chapter.

C. For the purpose of subjecting persons and property to liability for sewage disposal service charges, property to which sewage disposal service is available shall be that property which is connected or is required to be connected to the sewage system of the city under the regulations of the city or under the applicable laws of the state.

D. All property for which city sanitary sewer service is not available shall be subject to and liable for payment of a charge for storm and surface water drainage facilities operation and maintenance. (Ord. A-73 § 1, 1988; Ord. A-8 § 1, 1981; Ord. 433 § 1, 1977).

15.08.020 Metro charges.

In addition to those rates and charges otherwise set forth in this chapter and the monthly rates and charges for sewage disposal services which can be found on file in the city clerk’s office, the following Metro charges to insure compliance with Section 204 of Public Law 92-500, 33 USC Section 1251 (et seq.) Code of Federal Register (“CFR”) Part 35, Subpart E, are imposed:

A. A surcharge in an amount to be determined as provided in Metro Resolution Nos. 2315 and 2557, as now constituted or hereafter amended, which resolutions and any subsequent amendments thereto are incorporated by reference and made a part of this chapter, said charge to be added to the customer’s regular bill.

B. An industrial cost recovery (“ICR”) in an amount to be determined as provided in Metro Resolutions Nos. 2310 and 2556, as now constituted or hereafter amended, which resolutions and any subsequent amendments thereto are incorporated by reference and made a part of this chapter, said charge to be billed separately to qualifying industrial customers on an annual basis.

C. Three copies of the Municipality of Metropolitan Seattle Resolutions Nos. 2310, 2315, 2556 and 2557 are now and shall remain on file in the office of the clerk of the city. (Ord. 433 § 3, 1977).

15.08.030 Class 2 users – Meters required – Computation of charges.

Sewerage rates and charges for all Class 2 users shall be measured by water consumed on the premises, whatever the source of such water, and the same shall be metered either by a public utility meter or one installed and maintained by the owner of the premises at his own expense and approved by the director of utilities. Water meter readings shall not be combined, and where two or more water meters serve the same premises, sewerage charges shall be computed and billed as though each such meter served separate premises.

A. Where the use of water is such that a portion of all water used is lost by evaporation, irrigation, sprinkling or other cause, or is used in manufactured goods and commodities, and the person in control provides proof thereof and installs an “exempt” meter or measuring device approved by the director of utilities to enable measurement of the amount of water so used or lost, no charge shall be made for sewerage because of water so used or lost, except that in no case will the minimum charge be adjusted or reduced.

B. Authorized personnel of the city utilities department shall have the right to enter private property of any user of the city sanitary sewer system to read regular and “exempt” water meters and/or measuring devices located within that property.

C. Water metered exclusively for fire service, sprinkling or irrigation use shall not be subject to any sewerage charge.

D. Upon receipt of satisfactory evidence of hidden or underground water leakage, the director of utilities shall adjust the sewerage charge to the premises for water so lost; provided, that no such adjustment shall be made for leakage occurring more than four months prior to the date of application therefor.

E. The director of utilities may upon written application therefor suspend sewerage charges after installation of water service for new construction, or after commencement of construction or extensive reconstruction where water service has previously been installed, when the premises are incapable of being occupied due to such construction or reconstruction.

F. It is the intent of this chapter that that portion of water used exclusively for irrigation or sprinkling by premises be not charged correspondingly for sewerage. Upon application prior to May 1st of any year by premises where it can be shown to the satisfaction of the director of utilities that higher charges for sewerage during the summer months will be due to water used for sprinkling or irrigation, the sewerage charge for succeeding summer periods, June through September, inclusive, shall be adjusted to the winter average charges during a six-month recording period between October 1st and May 31st.

G. Any public or private school may submit evidence to the director of utilities that because of higher winter student enrollment the provisions of this section will not eliminate water used for irrigation and sprinkling from the sewerage rate base, and he is authorized in such cases to reduce sewerage charges in accordance with such evidence.

H. Public and private schools which are unoccupied during major portions of the months of June, July and August may upon written application to the director of utilities prior to May 1st of each year, be exempted from sewerage charges for such months. (Ord. 433 § 4, 1977).

15.08.040 Liability for sewage disposal charges.

The city’s sanitary sewer collection system operates on a ready-to-serve or availability-to-serve basis and, therefore, all structures are subject to sewage disposal service charges whether or not occupied or connected. Liability for sewage disposal charges shall only be terminated when structures are condemned or razed and the water meter has been certified by the city water utility or other water supplier as being removed. If an owner desires to terminate service and relieve his property from liability for future sewage disposal charges, he shall notify the city sanitary sewer utility not less than 30 days in advance of the proposed termination date. (Ord. 433 § 5, 1977).

15.08.050 Mailing of bills.

Each property owner shall notify the city sanitary sewer utility of the name and address of the person to whom sewage disposal service charge bills should be mailed for his property. In absence of such notification, the utility shall mail such bills to the property owner, occupant, water user or such person as it may reasonably determine to be the proper recipient of such bills. Property owners shall continue to be liable for payment of sewage disposal service charges in any instance where a tenant, agent or representative of the property owner allows the sewage disposal service charges to become delinquent, as well as in other cases. (Ord. 433 § 6, 1977).

15.08.060 Charges payable concurrently with water bills.

The sewerage charge provided for in this chapter shall be payable at the office of the city treasurer at the same time as the water bill for the premises is payable; and payment for water shall not be accepted unless payment of the sewerage charge is made at the same time. (Ord. 433 § 7, 1977).

15.08.070 Billing periods – Computation of charges – Penalties for delinquency – Property lien – Water shutoff for nonpayment.

There shall be one billing every two months for users and those properties to which service is available in Classes 1 and 2, except that the director of utilities, in his discretion, may cause bills to be rendered for a one-month period. Charges against all property to which service is available shall begin upon connection or occupancy. Charges against property having new construction shall begin 90 days after connection, occupancy or show water consumption, whichever occurs first. Sewage disposal service charges shall be computed and billed as a separate charge on the water bill and shall become due and payable within 10 days after statements are mailed. All charges unpaid before the first day of the next succeeding bimonthly billing charge shall be delinquent. At any time after charges become delinquent, the director of utilities may, pursuant to law, prepare a certificate of such delinquency. At the time of certifying such delinquency, the director of utilities shall also levy a penalty of 10 percent of the delinquent sewage disposal charges. Interest at the rate of eight percent per year shall be charged on all certified delinquent sewage disposal charges and penalties thereon from the day of such certification. Delinquent charges, penalties and interest thereon so certified shall be a lien against the property to which such sewage disposal service charges are applicable. As an additional and concurrent method of the collection of any such sewerage rate or charge, the director of utilities may cut off the water service or supply from the premises to which such rate or charge for sewerage has attached until such rates and charges are paid in full. (Ord. 433 § 8, 1977).

15.08.080 Previous charges and penalties unaffected by chapter.

All charges and penalties based upon the authority of the Mercer Island sewer district resolutions accrued and/or made prior to January 1, 1975, are affirmed and shall remain unaffected by this chapter. (Ord. 433 § 10, 1977).

15.08.090 District’s administrative code adopted by reference.

The policies of the Mercer Island sewer district for private sewer main construction and connections to the sewer system shall be continued in effect by the city for such reasonable period of time and to the extent necessary to insure equitable treatment of all users of the sewer system, and district resolutions Nos. 193, 196, 271, 306, 528 and 538, three copies of which are now and shall remain on file in the office of the clerk of the city and which together comprise and are known as the district’s administrative code, are each adopted by this section and by this reference made a part of this chapter. (Ord. 433 § 11, 1977).

15.08.100 Discharge of fat, oil or grease into city sewer system.

A. Authority.

1. City Engineer. The city engineer, or his or her designee, is authorized to:

a. Determine when waste pretreatment is required and establish standards regarding prohibited discharge of fat, oil or grease (FOG) in amounts that may inhibit or interfere with the performance of the city sewer system;

b. Establish criteria for acceptable interceptors or other pretreatment devices;

c. Enforce the provisions of this chapter.

2. Designee. Whenever authority is granted to the city engineer throughout MICC 15.08.100, such authority may also be exercised by the city engineer’s designee.

B. Discharge Prohibited.

1. General Prohibition. No FOG in amounts that may inhibit or interfere with the performance of the city sewer system shall be discharged into the city sewer system without the installation of a pretreatment device of a type and capacity to be approved by the city engineer, and located as to be readily accessible for cleaning and inspection.

2. Specific Prohibition. It is unlawful to discharge or cause to be discharged into the city sewer system any water or waste which contains more than 100 parts per million by weight of FOG.

3. Pretreatment Devices.

a. Required. Pretreatment devices, such as grease interceptors, or other devices approved by the city engineer, shall be installed in commercial kitchens where FOG in amounts that may inhibit or interfere with the performance of the city sewer system may be discharged into the city sewer system.

b. Uniform Plumbing Code. Interceptors or other pretreatment devices must comply, at a minimum, with the requirements of Chapter 10 and Appendix H of the Uniform Plumbing Code, as now existing or hereafter amended, and any other requirements by the city as set forth herein.

C. New Construction of Commercial Kitchens. New construction for commercial kitchens that may discharge FOG in amounts that may inhibit or interfere with the performance of the city sewer system, and particularly any commercial kitchen that will be required to install a Type I hood pursuant to the International Mechanical Code, Section 507, requires installation of a pretreatment device approved by the city engineer.

D. Retrofit in Existing Buildings.

1. Ongoing Businesses.

a. Compliance with Discharge Prohibitions Required. Any commercial kitchen that may discharge FOG in amounts that may inhibit or interfere with the performance of the city sewer system, and particularly any commercial kitchen required to install a Type I hood pursuant to the International Mechanical Code, Section 507, that is conducting an ongoing business in an existing building or facility that does not have an effective pretreatment device as of the date of passage of the ordinance codified in this section shall take measures to ensure that it is not in violation of the discharge prohibitions of this section by no later than 12 months from such date.

b. Methods. An ongoing business may comply with the requirement of subsection (D)(1)(a) of this section by either installing a pretreatment device approved by the city engineer, or developing and implementing a discharge management plan acceptable to the city engineer which shall specify effective disposal practices and require proof of adherence to those practices that shall be made readily available to the city engineer for inspection.

2. Change of Owner or Operator of Ongoing Business or Commencement of New Business in Existing, Renovated or Remodeled Facility. Any change of owner or operator of an ongoing business or any new business using a commercial kitchen that may discharge FOG in amounts that may inhibit or interfere with the performance of the city sewer system, and particularly any commercial kitchen required to install a Type I hood pursuant to the International Mechanical Code, Section 507, commencing business in an existing, renovated or remodeled building or facility shall install a pretreatment device approved by the city engineer prior to commencement of business.

3. Cost. All costs incurred in retrofitting an ongoing or new business in an existing, renovated or remodeled facility shall be the sole responsibility of the owner or operator, unless otherwise determined by the city engineer.

E. Responsibility for Installation, Operation and Maintenance.

1. Responsibility for Expense. All pretreatment devices shall be installed, operated, and maintained at the owner and/or operator’s expense.

2. Maintenance Required. Pretreatment devices shall be kept in continuous, efficient and effective operation. Regular maintenance shall include periodic removal of the accumulated waste material in accordance with best management practices (BMPs) developed by the city engineer. No such collected discharge shall be introduced into the public sewer system and shall be disposed of in accordance with all local, state and federal regulations.

3. Records Required. Records of disposal and proper maintenance shall be kept by the owner or operator in accordance with best management practices (BMPs) and submitted to the city engineer annually on or before December 31.

F. Enforcement.

1. Civil Infraction. It is a violation of the Mercer Island City Code to fail to comply with the requirements of this section. Any violation of this section shall be considered a civil infraction.

2. Right of Entry. The city engineer is authorized to enter a building or premises when necessary to make an inspection to enforce any provision of this section, pursuant to MICC 1.16.030.

3. Procedure and Penalties. The enforcement of the provisions of this section shall be in conformance with the procedures set forth in MICC 19.15.030, Enforcement, subsections (C), (D), (E), (F) and (H) for enforcement of the development code. For purposes of enforcement of this section, the city engineer shall have all the authority given in MICC 19.15.030 to the director of the development services group and all references to the development code shall be deemed to refer to this section.

a. Additional Civil Penalty. In addition to the penalties set forth in MICC 19.15.030, a fine may be assessed in an amount equal to the value of services performed and costs incurred by the city or its contractors to perform delinquent maintenance required of an owner or operator, and inspection, maintenance and repair of the sewer system resulting from a violation of this section. (Ord. 04C-12 § 7; Ord. 02C-08 § 1).