Chapter 13.36
SEWER REGULATIONS1
Sections:
13.36.010 Definitions.
13.36.020 Connection to public sewer required.
13.36.030 Private sewage disposal system – Connection to public sewer.
13.36.040 Privies, septic tanks and cesspools prohibited – Exception.
13.36.050 Objectionable wastes – Deposit prohibited.
13.36.060 Unlawful discharge into natural outlet.
13.36.070 Unlawful discharge into sanitary sewer.
13.36.080 Stormwater, industrial cooling water and unpolluted drainage.
13.36.160 Repealed.
13.36.170 Adoption of King County regulations.
13.36.180 Permit required.
13.36.190 Classes of building sewer permits – Application and fee.
13.36.200 Owner’s costs and expenses.
13.36.210 Separate sewer for each building – Exception.
13.36.220 Use of old building sewers.
13.36.230 Excavations.
13.36.240 Inspections – Authority.
13.36.250 Inspections – Safety provisions.
13.36.260 Inspections – Private property.
13.36.270 Rates.
13.36.275 Repealed.
13.36.280 Charges – When due.
13.36.300 EPA industrial costs recovery.
13.36.310 Pretreatment of wastes from industries.
13.36.320 Damaging or tampering with sewage system.
13.36.330 Planting trees adjacent to sewers.
13.36.340 Notice of violation.
13.36.350 Penalty for violation.
13.36.360 Liability for expense, loss or damage.
13.36.370 Recodified.
13.36.380 Waiver of immediate connection – Request.
13.36.390 Waiver of immediate connection – Agreement to connect.
13.36.400 Waiver of immediate connection – Final approval.
13.36.010 Definitions.
A. Unless the context specifically indicates otherwise, the meaning of terms in this chapter shall be as set forth in this section.
1. “BOD” (denoting biochemical oxygen demand) means the quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory procedure in five days at 20 degrees Centigrade expressed in parts per million by weight.
2. “Building drain” means that part of the lowest horizontal piping of a drainage system which receives the discharge from soil, waste, and other drainage pipes inside the walls of the building and conveys it to the building sewer, beginning five feet (1.5 meters) outside the inner face of the building wall.
3. “Building sewer” means the extension from the building drain to the public sewer or other place of disposal.
4. “City” means the city of North Bend, Washington.
5. “Combined sewer” means a sewer receiving both surface runoff and sewage.
6. “Commercial establishment” means an establishment involving an activity with goods, merchandise, or services for sale or involving a rental fee.
7. “Garbage” means solid wastes from the domestic and commercial preparation, cooking, and dispensing of food, and the handling, storage, and sale of produce.
8. “Industrial establishment” means an establishment involving manufacturing, assembling, fabrication, processing, bulk handling of products, large amounts of storage, warehousing, and heavy trucking, in addition to lighter industrial activities consisting of uses involving the processing, handling and creating of products.
9. “Industrial wastes” means the liquid wastes from industrial manufacturing processes, trade, or business as distinct from sanitary sewage.
10. “Natural outlet” means any outlet into a watercourse, pond, ditch, lake, or other body of surface or ground water.
11. “Person” means any individual, firm, company, association, society, corporation, or group.
12. “pH” means the logarithm of the reciprocal of the weight of hydrogen ions in grams per liter of solution.
13. “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 public sewers, with no particle greater than one-half inch (1.27 centimeters) in any dimension.
14. “Public sewer” means a sewer in which all owners of abutting properties have equal rights, and is controlled by public authority.
15. “Public works director” means the public works director of the city of North Bend, or his authorized deputy, agent, or representative.
16. “Sanitary sewer” means a sewer which carries sewage and to which storm, surface, and ground waters are not intentionally admitted.
17. “Sewage” means a combination of the liquid-carried wastes from residences, business buildings, institutions, and industrial establishments, together with such ground, surface, and storm waters as may be present.
18. “Sewage treatment plant” means any arrangement of devices and structures used for treating sewage.
19. “Sewage works” means all facilities for collecting, pumping, treating, and disposing of sewage.
20. “Sewer” means a pipe or conduit for carrying sewage.
21. “Shall” is mandatory; “may” is permissive.
22. “Slug” means any discharge of water, sewage, or industrial waste which in concentration of any given constituent or in quantity of flow exceeds for any period of duration longer than 15 minutes more than five times the average 24-hour concentration or flows during normal operation.
23. “Storm drain” (sometimes termed “storm sewer”) means a sewer which carries storm and surface waters and drainage, but excludes sewage and industrial wastes, other than unpolluted cooling water.
24. “Suspended solids” means solids that either float on the surface or are in suspension in water, sewage, or other liquids, and which are removable by laboratory filtering.
25. “Watercourse” means a channel in which a flow of water occurs, either continuously or intermittently.
B. Unless the context specifically indicates otherwise, the meaning of terms in this chapter which have not been defined in this section shall have the meaning defined in the zoning ordinance. (Ord. 518 Art. 1, 1980).
13.36.020 Connection to public sewer required.
The owner of all new houses, buildings, or properties used for human occupancy, employment, recreation, or other purposes, situated within the city and abutting on any street, alley, or right-of-way in which there is now located or may in the future be located a public sanitary sewer of the city is required at his expense to install suitable toilet and wastewater facilities therein, and to connect such facilities directly with the proper public sewer in accordance with the provisions of this chapter, prior to occupancy. (Ord. 1291 § 1, 2007: Ord. 518 Art. 2 § 1, 1980).
13.36.030 Private sewage disposal system – Connection to public sewer.
Owners of all existing structures served by a private septic system shall connect their property to the public sewer within 90 days of such time as public sewer becomes located within 200 feet of any point on their property in compliance with this chapter, except owners of existing residential structures, mobile home parks, RV parks, motels, or hotels served by a private septic system are not required to connect to public sewer located within 200 feet of their property unless their septic system requires a permit for expansion, rehabilitation, or replacement pursuant to NBMC 13.36.040 or the property is subject to an agreement that requires connection to the public sewer when public sewer becomes available to the property. Upon connection to the public sewer, any septic tank, cesspool, drainfield, or similar private sewage disposal facilities shall be abandoned and filled with suitable material in accordance with Department of Health specifications. Connection to the public sewer shall be at the expense of the property owner and he/she shall pay all associated general facility charges and fees. (Ord. 1304 § 1, 2008: Ord. 1291 § 2, 2007: Ord. 518 Art. 2 § 2, 1980).
13.36.040 Privies, septic tanks and cesspools prohibited – Exception.
Unless the public sewer system is more than 200 feet from the nearest point of the property line, it shall be unlawful to expand, rehabilitate or replace the old privy, privy vault, septic tank, cesspool, drainfield, or other facility intended or used for the disposal of sewage if the expansion, rehabilitation, or replacement requires a permit from the Department of Health pursuant to NBMC 13.36.170.
Before making any such expansion, rehabilitation, or replacement, the owner of the property shall sign an agreement with the city (A) to be a petitioner for the formation of any local improvement district or utility local improvement district for the purposes of extending sewer facilities and service to the property, (B) not to protest the formation of a local improvement district or utility local improvement district by the city council for the purposes of extending sewer facilities and service to the property, and (C) to connect to the public sewer at the property owner’s expense and pay all associated charges, assessments, and fees when the public sewers come within 200 feet of the property line. The agreement shall be in a form approved by the city attorney and shall run with the land. (Ord. 1304 § 2, 2008: Ord. 1291 § 3, 2007: Ord. 518 Art. 2 § 3, 1980).
13.36.050 Objectionable wastes – Deposit prohibited.
It shall be unlawful for any person to place, deposit, or permit to be deposited in any unsanitary manner on public or private property within the city, or in any area under the jurisdiction of the city, any human or animal excrement, garbage or other objectionable waste. (Ord. 518 Art. 2 § 4, 1980).
13.36.060 Unlawful discharge into natural outlet.
It shall be unlawful to discharge to any natural outlet within the city, or in any area under the jurisdiction of the city, any sewage or other polluted waters, except where suitable treatment has been provided in accordance with the provisions of this chapter. (Ord. 518 Art. 2 § 5, 1980).
13.36.070 Unlawful discharge into sanitary sewer.
No person shall discharge or cause to be discharged any stormwater, surface water, groundwater, roof runoff, subsurface drainage, uncontaminated cooling water, or unpolluted industrial process waters to any sanitary sewer. (Ord. 518 Art. 2 § 6, 1980).
13.36.080 Stormwater, industrial cooling water and unpolluted drainage.
Stormwater and all other unpolluted drainage shall be discharged to such sewers as are specifically designed as combined sewers or storm sewers, or to a natural outlet approved by the public works director. Industrial cooling water or unpolluted process waters may be discharged, on approval of the public works director, to a storm sewer, combined sewer, or natural outlet. (Ord. 518 Art. 2 § 7, 1980).
13.36.090 Prohibited discharge into public sewer.
Repealed by Ord. 1242. (Ord. 518 Art. 2 § 8, 1980).
13.36.100 Discharge of certain wastes subject to opinion of public works director.
Repealed by Ord. 1242. (Ord. 518 Art. 2 § 9, 1980).
13.36.110 Authority of public works director over harmful wastes.
Repealed by Ord. 1242. (Ord. 518 Art. 2 § 10, 1980).
13.36.120 Grease, oil, and sand interceptors.
Repealed by Ord. 1242. (Ord. 518 Art. 2 § 11, 1980).
13.36.130 Preliminary treatment or flow-equalizing facilities.
Repealed by Ord. 1242. (Ord. 518 Art. 2 § 12, 1980).
13.36.140 Control manhole.
Repealed by Ord. 1242. (Ord. 518 Art. 2 § 13, 1980).
13.36.150 Standards for analysis.
Repealed by Ord. 1242. (Ord. 518 Art. 2 § 14, 1980).
13.36.160 Special agreements between city and industrial concern.
Repealed by Ord. 1242. (Ord. 518 Art. 2 § 15, 1980).
13.36.170 Adoption of King County regulations.
King County Ordinance No. 931, as amended by King County Ordinances 1139 and 1385, is adopted by the city for the purpose of prescribing regulations and controls of sewage disposal systems, providing for certificates of competency for sewage disposal system designers and sewage disposal system installers, requiring permits, and defining offenses, and providing for the protection of human health and safety. These ordinances are adopted and incorporated as fully as if set out at length, and the provisions thereof shall be controlling within the limits of the city. Subject to the provisions of RCW 35.21.180, any future amendments to the King County Ordinance No. 931 shall also be deemed to be amendments to this section. (Ord. 518 Art. 3 § 1, 1980).
13.36.180 Permit required.
No unauthorized person shall uncover, make any connections with or opening into, use, alter, or disturb any public sewer or appurtenance thereof without first obtaining a written permit from the city clerk subject to the approval of the public works director. (Ord. 518 Art. 3 § 2, 1980).
13.36.190 Classes of building sewer permits – Application and fee.
There shall be four classes of building sewer permits: (A) single-family residential and condominium, (B) multifamily units and temporary living units, apartments, motels and mobile homes, (C) commercial establishments, (D) industrial establishments. In all cases, the owner or his agent shall make application on a form furnished by the city. The permit application shall be supplemented by any plans, specifications or other information considered pertinent by the public works director. A permit and inspection fee as established by the taxes, rates and fees schedule adopted by ordinance shall be paid to the city at the time the application is filed. (Ord. 1237 § 9 (part), 2005: Ord. 518 Art. 3 § 3, 1980).
13.36.200 Owner’s costs and expenses.
All costs and expense incident to the installation and connection of the building sewer shall be borne by the owner. The owner shall indemnify the city from any loss or damage that may directly or indirectly by occasioned by the installation of the building sewer. (Ord. 518 Art. 3 § 4, 1980).
13.36.210 Separate sewer for each building – Exception.
A separate and independent building sewer shall be provided for every building, except where one building stands at the rear of another or an interior lot and no private sewer is available or can be constructed to the rear building and the whole is considered as one building sewer. (Ord. 518 Art. 3 § 5, 1980).
13.36.220 Use of old building sewers.
Old building sewers may be used in connection with new buildings only when they are found, on examination and test by the public works director, to meet all requirements of this chapter. (Ord. 518 Art. 3 § 6, 1980).
13.36.230 Excavations.
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 public property disturbed in the course of the work shall be restored in a manner satisfactory to the city. (Ord. 518 Art. 3 § 7, 1980).
13.36.240 Inspections – Authority.
The public works director and other duly authorized employees of the city bearing proper credentials and identification shall be permitted to enter all properties pursuant to Chapter 1.16 NBMC for the purposes of inspection, observation, measurement, sampling and testing in accordance with the provisions of this chapter. The superintendent or his representatives shall have no authority to inquire into any processes including metallurgical, chemical, oil, refining, ceramic, paper, or other industries beyond that point having a direct bearing on the kind and source of discharge to the sewers or waterways or facilities for waste treatment. (Ord. 518 Art. 5 § 1, 1980).
13.36.250 Inspections – Safety provisions.
While performing the necessary works on private properties referred to in NBMC 13.34.260 through 13.34.280, the public works director or duly authorized employees of the city shall observe all safety rules applicable to the premises established by the company and the company shall be held harmless for injury or death to the city employees and the city shall indemnify the company against loss or damage to its property by city employees and against liability claims and demands for personal injury or property damage asserted against the company and growing out of the gauging and sampling operation, except as such may be caused by negligence or failure of the company to maintain safe conditions as required in NBMC 13.34.270 and 13.34.280. (Ord. 1242 § 2, 2006: Ord. 518 Art. 5 § 2, 1980).
13.36.260 Inspections – Private property.
The public works director and other duly authorized employees of the city bearing proper credentials and identification shall be permitted to enter all private properties through which the city holds a duly negotiated easement for the purpose of, but not limited to, inspection, observation, measurement, sampling, repair and maintenance of any portion of the sewage works lying within said easement, which shall be done in full accordance with the terms of the duly negotiated easement pertaining to the private property involved. (Ord. 518 Art. 5 § 3, 1980).
13.36.270 Rates.
Monthly charges, as established by the taxes, rates and fees schedule adopted by ordinance, shall apply to the following classifications of users of the city sewer system.
A. Single-family residential units inside the corporate limits of the city, including units in duplexes, triplexes, fourplexes, apartment houses, condominiums and trailer parks that are supplied with a separate water meter shall pay the base charge, plus an additional charge per cubic meter of water usage as measured by the water meter; provided, however, that a senior low income rate per month shall apply to any single-family residential unit inside the corporate limits of the city, including units in duplexes, triplexes, and other multifamily dwellings, provided the unit is supplied with a separate meter service connection, for all residences in which the person responsible for payment of the charge has an annual gross income determined to be “low income” by utilizing the U.S. Department of Housing and Urban Development guidelines, and (1) is 65 years of age or older, or (2) is determined to be disabled by the Social Security Administration. Proof of age and income must be provided to the city on a form prepared by the city administrator, and the reduced charge shall take effect for sewer service provided in the month following the month in which proof of age or disability, and income, is received.
B. All duplexes, triplexes, apartment houses, other multifamily dwellings, and trailer courts inside the corporate limits of the city that are served by only one water meter shall pay the minimum charge, plus an additional charge per cubic meter of water usage as measured by the water meter.
C. All other users inside the corporate limits of the city shall pay the stipulated sum and an additional sum for each cubic meter of water consumption as measured by the user’s water meter.
D. All users outside the corporate limits of the city shall pay the stipulated sum and an additional charge for each cubic meter of water consumption as measured by the user’s water meter.
E. In the event that any user of the sewage system, by reason of the user’s activities, is in two or more of the classifications set out in this section, the rate for such users shall be the highest rate established for any such classification.
F. A user of the sewage system may apply in writing to the city administrator for a sewage charge adjustment. The burden is on the user to demonstrate by clear and convincing evidence based on studies and other data that the water consumption used to calculate the sewage charge is greatly disproportionate to the user’s impact on the sewage system as compared to other users of the sewage system. Requesting such an adjustment does not extend the period for payment of the sewage charge. An adjustment on a delinquent account shall not be made until the account is paid in full. The city administrator shall establish processes and procedures for reviewing requests for adjustments and may revoke an adjustment at any time. The decision of the city administrator shall be final. (Ord. 1286 § 1, 2007: Ord. 1237 § 9 (part), 2005: Ord. 1071 § 1, 1999: Ord. 1067 § 2, 1999; Ord. 1035 § 1, 1998: Ord. 1012 § 3, 1997: Ord. 984 § 3, 1996: Ord. 867 § 3, 1991: Ord. 518 Art. 6 § 1, 1980).
13.36.275 Connection charges – Segregation of land.
Repealed by Ord. 936. (Ord. 620 § 2, 1984).
13.36.280 Charges – When due.
All charges for sewer services supplied during a monthly period shall be due and payable upon receipt. All charges remaining unpaid shall be subject to the provisions of NBMC 13.40.070. (Ord. 1237 § 9 (part), 2005: Ord. 518 Art. 6 § 2, 1980).
13.36.300 EPA industrial costs recovery.
The city will satisfy all current industrial costs recovery requirements at such time as an industry subject to industrial cost recovery requirements makes use of the city’s public sewer system. (Ord. 518 Art. 7 § 1, 1980).
13.36.310 Pretreatment of wastes from industries.
The city will require pretreatment of wastes from all industries subject to industrial cost recovery requirements which are using the city’s public sewer system. (Ord. 518 Art. 7 § 2, 1980).
13.36.320 Damaging or tampering with sewage.
No unauthorized person shall maliciously, wilfully, or negligently break, damage, destroy, uncover, deface, or tamper with any structure, appurtenance, or equipment which is a part of the sewage work. (Ord. 518 Art. 4 § 1, 1980).
13.36.330 Planting trees adjacent to sewers.
Any person who plants trees adjacent to sewers such that the roots of such trees enter, obstruct or damage the public sewer system in any way shall be held responsible for associated inspection and repair costs. (Ord. 518 Art. 4 § 2, 1980).
13.36.340 Notice of violation.
Any violation of this chapter shall be remedied based on the provisions as set forth in NBMC 20.10.100. (Ord. 1088 § 3 (part), 1999: Ord. 518 Art. 4 § 3, 1980).
13.36.350 Penalty for violation.
Any violation of this chapter shall be remedied based on the provisions as set forth in NBMC 20.10.100. (Ord. 1088 § 3 (part), 1999: Ord. 518 Art. 4 § 4, 1980).
13.36.360 Liability for expense, loss or damage.
Any person violating any of the provisions of this chapter shall become liable to the city for any expense, loss or damage occasioned to the city for the reason of such violation. (Ord. 518 Art. 4 § 5, 1980).
13.36.370 Waiver of immediate connection – Conditions.
Recodified as NBMC 13.06.050 by Ord. 1056. (Ord. 961 § 1, 1995: Ord. 668 § 1, 1985).
13.36.380 Waiver of immediate connection – Request.
Any person requesting a waiver of the immediate connection of the sanitary sewer shall submit the request in writing to the city administrator. Said request shall contain the following information:
A. The applicant’s name, address and phone number;
B. The legal description and street address for the affected real property;
C. A description of the proposed alternative sewage disposal system; and
D. A title certificate from a licensed title insurance company upon which is listed all owners and lien holders of record for the subject property. (Ord. 668 § 2, 1986).
13.36.390 Waiver of immediate connection – Agreement to connect.
The property owners, prior to approval of the waiver, shall be required to execute an agreement with the city in which the owners agree to disconnect from the on-site septic system once the public sanitary sewer is available at their property line. (Ord. 668 § 3, 1985).
13.36.400 Waiver of immediate connection – Final approval.
No request for waiver shall receive final approval until such time as the applicant pays all charges, including utility expansion fees and sewer connection fees that would be applicable as if they were hooking up to the sanitary sewer at the time that the waiver is requested. At the time actual connection occurs there shall be no additional charge for the utility expansion fee or connection charge. (Ord. 668 § 4, 1985).
Prior legislation: Ord. 405.