Chapter 13.08
SEWERS Revised 11/17

13.08.000    Chapter Contents

Sections:

ARTICLE I. SEWER CONNECTIONS

13.08.005    Purpose and policy.

13.08.010    Definitions.

13.08.020    Connection required when.

13.08.030    Permit required to open public sewer.

13.08.040    Side Sewer Installation and Maintenance.

13.08.050    Wastewater Management Plan.

13.08.080    Work in streets or public places.

13.08.090    Sewer connection type.

13.08.150    Tampering with and depositing rubbish in public sewer--Prohibited discharges.

13.08.180    Sewer service outside city limits.

13.08.185    Sewer service outside city limits--Agreements to run with the land.

ARTICLE II. SEWER RATES

13.08.190    Sewer rates--Definitions.

13.08.200    Payment of sewer bills.

13.08.205    Sewer general facility charges. Revised 11/17

13.08.210    LOTT capacity development charge--Payment.

13.08.215    Septic to Sewer Program and infrastructure extension charges. Revised 11/17

13.08.220    Charges become lien on property--Enforcement.

13.08.230    Shutting off water upon default.

ARTICLE III. AREA SERVICE CHARGE

13.08.290    Charges become lien on property.

ARTICLE IV. VIOLATIONS

13.08.380    Violations--Penalties.

(Ord. 7100 §1, 2017; Ord. 7024 §§1, 6, 2016; Ord. 6774 §4, 2011; Ord. 6647 §1, 2009; Ord. 6486 §1, 2007).

ARTICLE I. SEWER CONNECTIONS

13.08.005 Purpose and policy

This Article sets forth uniform requirements for connection and use of the public sewer owned by the City of Olympia. This Article shall apply to all users of the public sewer regardless of in which jurisdiction the premises being served is located. (Ord. 6774 §4, 2011).

13.08.010 Definitions

For the purpose of this Article:

A.    “Building sewer” means the same as “side sewer” and “service lateral”.

B.    "City Engineer" shall mean the City Engineer of the City of Olympia, or his/her designee, who has the duty and authority to enforce the codes and standards adopted by the City Council, as they relate to the development and operation of the City’s infrastructure by private development, including other governmental agencies, and City projects.

C.    "Domestic user" shall mean any person who contributes, causes, or allows the contribution of wastewater into the POTW that is of a similar volume and/or chemical make-up as that of a residential dwelling unit. Discharges from a residential dwelling unit include flows with up to 300 mg/l of Biological Oxygen Demand and 300 mg/l of Total Suspended Solids.

D.    "Downtown Deferred General Facility Charge Payment Option Area" shall mean all properties located within the area bounded by: Budd Inlet to the north; Budd Inlet and Capitol Lake on the west; Sid Snyder Avenue extending between Capitol Lake and Capitol Way, and 14th Avenue extending to Interstate 5 on the south; Interstate 5 on the southeast; Eastside Street on the east, and Olympia Avenue extending to Budd Inlet on the north.

E.    “Gravity sewer system” shall mean that portion of the public sewer in which wastewater flows through pipes by means of gravity and the sewer lift stations and force mains that connect the gravity pipes in the system. S.T.E.P. and grinder pump systems, and associated low pressure mains, are not part of the gravity sewer system.

F.    “Grinder pump system” shall mean a facility consisting of a holding tank, grinder pump, and pressure piping system for conveying wastewater liquid and solids into the sewer system.

G.    "Industrial user" shall mean any Person with a source of discharge which does not qualify that person as a Domestic User who discharges an effluent into the POTW by means of pipes, conduits, pumping stations, force mains, tank trucks, constructed drainage ditches, intercepting ditches, and any constructed devices and appliances appurtenant thereto.

H.    “Onsite sewage system” shall mean a wastewater system consisting of a tank for settling and digesting wastewater solids that disposes of effluent on the same property that produces the wastewater. This type of system is commonly called a septic system.

I.    "Person" shall mean natural persons of either sex, associations, copartnerships and corporations, whether acting by themselves or by a servant, agent, or employee. The singular number includes the plural, and the masculine pronoun includes the feminine.

J.    "Premises" shall mean a continuous tract of land, building or group of adjacent buildings under a single control with respect to connection to City sewer and responsibility for payment of fees and rates thereof. Subdivisions of such use or responsibility shall constitute a division into separate premises as defined in this section.

K.    "Publicly Owned Treatment Works or POTW" shall mean a treatment works, as defined by Section 212 of the Federal Water Pollution Control Act, also known as the Clean Water Act (33 U.S.C. Section 1292). This definition includes any devices or systems used in the collection, storage, treatment, recycling, and reclamation of sewage or industrial wastes of a liquid nature and any conveyances, including sanitary sewer and storm sewer collection systems, which convey wastewater to a treatment plant.

L.    "Public combined sewer" shall mean that portion of the public sewer system intended to collect both sanitary sewage and stormwater in a single sewer system and located within public rights-of-way or easements and operated and maintained by the City.

M.    "Public sewer" shall mean that portion of the wastewater system located within public rights-of-way or easements and operated and maintained by the City.

N.    “Septic tank effluent pumping or S.T.E.P. system” shall mean a facility consisting of a tank or tanks for settling and digesting wastewater solids and a pressure piping system for conveying the supernatant liquid into the sewer system. Most of the wastewater solids remain in the S.T.E.P. tank and are removed periodically.

O.    "Side sewer" shall mean that portion of the sewer beginning outside the outer foundation wall of a structure and extending to the connection to the public sewer main, or to the S.T.E.P. tank or to the grinder system service connection. Also referred to as a building sewer or a service lateral.

(Ord. 7069 §1, 2017; Ord. 7024 §2, 2016; Ord. 6805 §3, 2012; Ord. 6774 §4, 2011; Ord. 6486 §2, 2007; Ord. 1210 §21, 1912).

13.08.020 Connection required when

1.    The owner or occupant of any lands, buildings or premises shall not be required to connect the lands, buildings or premises to the public sewer so long as the property is served by an existing lawfully functioning onsite sewage system. In the event any lands, buildings, or premises are served by an onsite sewage system which fails to function and cannot be remedied through minor repairs, and there is a public sewer available within two hundred (200) feet of the property, the owner or occupant shall be required to connect the property to the public sewer. All premises within two hundred (200) feet of a public sewer main shall be deemed to be within the area served by such public sewer. The distance to the public sewer shall be measured from the nearest adequate public sewer, by way of a public right-of-way or easement, to the nearest edge of the property.

In the event lands, buildings, and premises are served by an individual onsite sewage system which fails to function and there is no public sewer available within two (200) hundred feet and a replacement individual system cannot be lawfully approved to serve the property, it must nevertheless be connected to the public sewer or the premises shall cease to be occupied. A user can avoid the requirement to connect by discontinuing the generation or discharge of any waste from the site and abandoning the onsite sewage system. The abandonment of the onsite sewage system shall be in accordance with Thurston County Environmental Health regulations.

2.    Pursuant to RCW 35.21.940, upon the failure of an on-site septic system for which the City requires a connection to a public sewer system, the owner of such system may appeal the City’s recommendation for denial of the permit to repair or replace existing, failing on-site septic systems that:

(a)    Were made for a single-family residence by its owner or owners;

(b)    Were denied solely because of a law, regulation, or ordinance requiring connection to a public sewer system; and

(c)    Absent the applicable law, regulation, or ordinance requiring connection to a public sewer system upon which the denial was based, would be approved.

3.    Any such appeal of the City’s recommendation in circumstances set forth in subsection 2 shall be to the City’s hearing examiner as provided in OMC 18.75.020, who will consider, at a minimum whether:

(a)    It is cost-prohibitive to require the property owner to connect to the public sewer system. In complying with this subsection 3(a) the city must consider the estimated cost to repair or replace the on-site septic system compared to the estimated cost to connect to the public sewer system;

(b)    There are public health or environmental considerations related to allowing the property owner to repair or replace the on-site septic system. In complying with this subsection (3)(b), the city must consider whether the repaired or replaced on-site septic system contributes to the pollution of surface waters or groundwater;

(c)    There are public sewer system performance or financing considerations related to allowing the property owner to repair or replace the on-site septic system; and

(d)    There are financial assistance programs or latecomer agreements offered by the city or state that may impact a decision of the property owner to repair or replace the on-site septic system.

A copy of the City hearing examiner’s decision shall be provided to the appropriate official at Thurston County for consideration in the County’s decision to approve or deny the permit or in consideration of an appeal. Appeal of the final permit decision made by Thurston County shall be made through the appropriate Thurston County appeal process.

4.    Within the area to be served by the public sewer of the City as it now exists and as it may be improved and extended in the future, the owner of each lot or parcel of real property, upon which is a building or structure for human occupation or use for any purpose shall, within thirty days of notification by the City for connections to be made therewith, cause a connection to be made between the sewage system and each such building or structure within such lot or parcel.

5.    If any connection to the public sewer is not made within the time provided in this Section, the City Engineer or such other employee of the City as the City Council may hereafter designate is authorized and directed to cause such connection to be made and to file a statement of the cost with the City Treasurer, and a check shall be issued under the direction of the City Council by the City Treasurer, and drawn on the sewer fund of the City for the payment of such cost. Such amount, together with a penalty of ten percent (10%), plus interest at the rate of six percent (6%) per year upon the total amount of such cost and penalty, shall be assessed against the property upon which the building or structure is situated, and shall become a lien thereon as provided in this chapter. Such total amount, when collected, shall be paid into the sewer fund.

(Ord. 7024 §3, 2016; Ord. 6774 §4, 2011; Ord. 6486 §3, 2007; Ord. 5784 §1, 1998; Ord. 5197 §2, 1991; Ord. 4013 §1, 1977; Ord. 3602 §1, 1970; Ord. 2087 § 1, 2, 1928; Ord. 1210 §1, 1912).

13.08.030 Permit required to open public sewer

It is unlawful for any person to make any opening in any sewer or drain, or connect a private sewer or drain therewith without complying with all of the provisions of this article relating thereto and obtaining and having a permit to do so from the City Engineer. The Director of Public Works shall assess a fee as set forth in Title 4, Fees and Fines, of this code for each permit issued under this chapter.

(Ord. 6774 §4, 2011; Ord. 5126 §20, 1990; Ord. 4422 §7, 1983; Ord. 4229 §2, 1980; Ord. 4013 §7, 1977; Ord. 1960 §2 (part), 1926; Ord. 1210 §7, 1912).

13.08.040 Side Sewer Installation and Maintenance

A.    All connections to the public sewer shall be made in a permanent and sanitary manner, subject to the approval of the City Engineer and in accordance with the public works standard specifications, engineering design and development standards and uniform plumbing code of the City. The property owner is responsible for all costs and expense incidental to the installation, connection and maintenance of a side sewer, except as noted in sections B and C.

B.    City ownership of a gravity side sewer shall be from the sewer main to the property line or easement boundary, if a cleanout exists at this point. The property owner shall own the side sewer from the premises to the cleanout at the property line or easement boundary. The property owner shall be responsible for installing and maintaining the cleanout so it is accessible to the City.

If no cleanout exists at the property line or easement boundary, the property owner shall own the side sewer from the premises to the sewer main, until the property owner installs a cleanout at the property line or easement boundary. The connection between the side sewer and the main shall be owned and maintained by the City.

City ownership of a grinder side sewer shall be between the main and the service connection. All other elements of the grinder pump system, including but not limited to, the valves, pumps and pressurized service line between the grinder pump and the service connection shall be owned and maintained by the property owner.

City ownership of S.T.E.P. side sewers shall be according to the bill of sale.

C.    Regardless of ownership, the property owner shall be responsible for the removal of blockages in side sewers between the premises and the city main, including tree roots, dirt, debris, broken pieces of pipe, fats, oils, and grease, or other identifiable obstruction, if the cause of the damage or blockage originated from the private property. The City shall not be liable for any damages or costs incurred by reason of blockage or damage to the side sewer, if the cause of the damage or blockage originated from the private property.

(Ord. 7069 §2, 2017; Ord. 6774 §4, 2011; Ord. 6486 §4, 2007).

13.08.050 Wastewater Management Plan

The Director of Public Works, or his/her designee, is authorized and directed to prepare a wastewater management plan for the City wastewater conveyance system, in accordance with RCW 90.48.110. The Director of Public Works will also determine the standards for development and improvement of the wastewater system to provide safe and adequate conveyance of sewage to the POTW. A copy of the wastewater management plan shall be kept on file in the offices of the City Clerk and the Public Works Department.

(Ord. 7024 §4, 2016; Ord. 6774 §4, 2011; Ord. 6486 §5, 2007).

13.08.080 Work in streets or public places

All work within the limits of any street or public place must be prosecuted to completion with due diligence by a licensed contractor. The contractor shall post a bond acceptable to the City Engineer prior to any street excavation. If in the judgment of the City Engineer or his inspector any excavation is left open beyond a reasonable time, he shall cause the same to be refilled, and the street restored forthwith to its former condition. Any costs incurred in such work shall be charged to the contractor in charge of such work or against his bond, and must be paid before he shall receive any future permit from the City.

(Ord. 6774 §4, 2011; Ord. 4013 §9, 1977; Ord. 1210 §13, 1912).

13.08.090 Sewer connection type

The City of Olympia permits only gravity sewer systems, with lift stations when needed, except as follows:

A.    New onsite sewage systems shall be permitted within the city limits only to serve a single-family residence or a single-family residence with an accessory dwelling unit, provided:

1.    The property being served is an undeveloped lot of record located more than two hundred (200) feet from an available sewer, as determined by the Public Works Director or his/her designee, and the lot is either larger than one (1) acre or is granted an exception to the lot size requirement under Section 5 below; and

2.    The lot existed prior to November 21, 2006, or was created through consolidation of lots in existence prior to November 21, 2006; and

3.    Onsite sewage systems for new development within the shoreline jurisdiction, as defined in the Shoreline Master Program, are prohibited, regardless of lot size; and

4.    The lot size determination shall include only those portions of a lot unencumbered by streams and important riparian areas, wetlands and small lakes, landslide hazard areas, and their associated buffers as defined in OMC 18.32.

5.    Exceptions to the one acre minimum lot size will be considered by the Public Works Director or his/her designee when application is made in writing to the Public Works Director. Application shall be made on forms provided by the City. New onsite sewage systems for undeveloped lots of record smaller than one (1) acre will be evaluated using the following criteria:

a.    New onsite sewage systems shall not be permitted on lots located within an area at high risk for onsite septic systems, nor within a marine recovery area, nor within a shellfish protection area, as determined by input from Thurston County Environmental Health; and

b.    New onsite sewage systems shall only be permitted on lots served by public water service; and

c.    New onsite sewage systems shall not be permitted within two hundred (200) feet of an available sewer as defined in OMC 13.08.020; and

d.    New onsite sewage systems shall not be permitted on lots smaller than 12,500 square feet. The lot size determination shall include only those portions of a lot unencumbered by streams and important riparian areas, wetlands and small lakes, landslide hazard areas, and their associated buffers as defined in OMC 18.32. The lot must have existed prior to November 21, 2006, or have been created through consolidation of lots in existence prior to November 21, 2006.

6.    Each property owner constructing a new residence with a new onsite sewage system located within the Urban Growth Boundary, including those within the city limits, shall enter into an Agreement for Interim Onsite Sewage System with the City, agreeing to connect the residence directly to the public sewer in accordance with the provisions herein within one (1) year after the date of official notice to connect; provided, that an available sewer is within two hundred (200) feet of the property. In addition, the following shall apply to new onsite sewage systems:

a.    Permitted onsite sewage systems shall be considered interim facilities and must be designed and constructed to facilitate conversion to the public sewer when sewer becomes available; and

b.    Recording fees shall be paid upon the submittal of a signed Agreement for Interim Onsite Sewage System; and

c.    Following execution, the agreement shall be recorded by the City in the records of the Thurston County Auditor; and

d.    Said agreement shall terminate if at any time any project application or approval expires or is revoked for any reason; and

e.    Any cost of sewer extension required at the time of connection shall be borne in whole by the property owner.

B.    New septic tank effluent pump (S.T.E.P.) systems shall be permitted provided:

1.    The property being served is a lot of record existing prior to February 15, 2005, abutting on any street, alley, right-of-way or easement in which there is now located a S.T.E.P. force main; or

2.    The property is located within a subdivision vested as of July 2005, in accordance with OMC Section 18.72.060, Determination of Complete Application.

C.    Grinder pump sewer systems shall not be installed and used in lieu of the orderly extension of gravity sewers. Grinder pump installation and use shall be subject to the following requirements and/or limitations:

1.    New individual grinder pump system use is limited where:

a.    A public gravity sewer is contiguous to the property, but terrain, natural features, or other physical barriers prohibit a gravity connection; or

b.    For the conversion of onsite sewage systems to public sewer or for infill development only where it is specifically determined by the City Engineer to be in the best interest of the City of Olympia.

2.    Grinder pumps and side sewers which are installed as part of a grinder pump sewer system shall be purchased, owned, maintained and operated by the property owner.

3.    Grinder pump force mains receiving effluent from more than one property shall be publicly owned and maintained. Publicly-owned grinder pump force mains shall be permitted only where the City Engineer determines it to be in the best interest of the City and construction of a gravity and lift station sewer system is not feasible, provided that:

a.    The proponent of the grinder pump force mains can demonstrate that no other feasible alternative is available; and

b.    In such cases, the cost of installation of the public grinder pump force mains shall be borne by the proponent; and

c.    The installation is in accordance with the Olympia Engineering Design and Development Standards.

4.    Grinder pump side sewers and force mains shall not be permitted to discharge to designated Septic Tank Effluent Pump (S.T.E.P.) force mains unless it is determined by the City Engineer or his/her designee to be in the best interest of the City.

(Ord. 7060 §1, 2017; Ord. 7024 §5, 2016).

13.08.150 Tampering with and depositing rubbish in public sewer--Prohibited discharges

A.    It is unlawful for any person to break, damage, destroy, uncover, deface or tamper with any structure, facility, appurtenance or equipment which is a part of the public sewer of the City. It is unlawful for any person to deposit garbage, rubbish, soil materials or any substance having a tendency to obstruct the flow of any sewage in any pipe, manhole, cleanout or sewer opening.

B.    No person shall discharge or cause to be discharged any stormwater, surface water, groundwater, roof runoff, subsurface drainage or cooling water to any public sewer. Stormwater and all other unpolluted drainage shall be discharged to such sewers as are specifically designated as storm sewers, or to a natural outlet approved by the City Engineer. Industrial users shall discharge sewage to the public sewer in compliance with all requirements of Chapter 13.20.

C.    Except as hereinafter provided, no domestic user shall discharge or cause to be discharged, any of the following described waters or wastes to any public sewer:

1.    Any liquid or vapor having a temperature higher than one hundred fifty degrees Fahrenheit;

2.    Any water or waste which may contain more than one hundred parts per million, by weight, of fat, oil, or grease;

3.    Any gasoline, benzene, naphtha, fuel oil, or other flammable or explosive liquid, solid or gas;

4.    Any garbage, other than organic food wastes that have been properly shredded;

5.    Any ashes, cinders, sand, mud, straw, shavings, metal, glass, rags, feathers, tar, plastics, wood, paunch manure, or any other solid or viscous substance capable of causing obstruction to the flow in sewers or other interference with the proper operation of the sewage works;

6.    Any waters or wastes having a pH lower than five and five-tenths or higher than nine or having any other corrosive property capable of causing damage or hazard to structures, equipment and personnel of the sewage works;

7.    Any waters or wastes containing a toxic or poisonous substance in sufficient quantity to injure or interfere with any sewage treatment process, constitute a hazard to humans or animals, or create any hazard in the receiving waters of the sewage treatment plant;

8.    Any waters or wastes containing suspended solids of such character and quantity that unusual attention or expense is required to handle such materials at the sewage treatment plant;

9.    Any noxious or malodorous gas or substance capable of creating a public nuisance.

(Ord. 6774 §4, 2011; Ord. 6486 §7, 2007; Ord. 1210 §18, 1912).

13.08.180 Sewer service outside city limits

A.    Property lying within the urban growth boundary shall annex to the City as a condition of sewer connection. Alternatively, the City may elect to defer annexation and require execution of an agreement described in subsection B of this section.

B.    Property lying within the urban growth area which is not annexed as a condition of sewer service shall be permitted sewer connection only upon entering into an Agreement to Annex with the City containing a waiver of protest to annexation and/or power of attorney authorizing annexation at such time as the City determines the property should be annexed to the City.

C.    Following execution, such agreements shall be recorded by the City Clerk in the chain of title for such property in the official records of Thurston County.

(Ord. 7024 §7, 2016; Ord. 6774 §4, 2011; Ord. 6486 §8, 2007; Ord. 5943 §2, 1999; Ord. 5687 §2, 1997; Ord. 5570 §2, 1995; Ord. 5478 §1, 1994; Ord. 5426 §1(part), 1993).

13.08.185 Sewer service outside city limits--Agreements to run with the land

The agreement described in Section 13.08.180 above shall contain a provision that the obligations and privileges contained therein shall run with the land and bind future owners of said land in the same manner as the applicant is bound therein.

(Ord. 6774 §4, 2011; Ord. 5426 §1(part), 1993).

ARTICLE II. SEWER RATES

13.08.190 Sewer rates--Definitions

A.    A charge for sanitary sewage disposal shall be levied against all accounts and premises connected to a sewer main or City-maintained community onsite system at the rate set forth in Title 4, Fees and Fines, of this code.

B.    For purposes of subsection A, the term “equivalent residential unit” or “ERU” shall be as follows:

1.    One single-family residence: one ERU; or

2.    One single-family residence with accessory dwelling unit: one ERU; or

3.    One mobile home, or one mobile home space in a mobile home or trailer park: one ERU; or

4.    Duplex: two ERUs; or

5.    Residential structure having more than two living units, seven-tenths of an ERU per living unit; or

6.    With respect to uses other than residential, one ERU shall be designated for each nine hundred (900) cubic feet for LOTT wastewater service charges and seven hundred (700) cubic feet for public sewer charges per month of water consumed or sewage discharged as measured at the source; provided, that for volumes in excess of nine hundred (900) cubic feet per month and seven hundred (700) cubic feet per month, the service charge per one hundred (100) cubic feet shall be computed at the rate of one-ninth of the LOTT wastewater service charge, plus one-seventh of the public sewer charge; and

7.    With respect to an account consisting of both residential and nonresidential uses, the residential uses shall be charged as set forth in this subsection B Nos. 1 through 5 and the nonresidential uses shall be charged an additional one ERU; provided, that if the total monthly volume of the account exceeds the number of ERUs computed pursuant to this subsection times nine hundred (900) cubic feet for LOTT wastewater service charges and seven hundred (700) cubic feet for local collection charges, the charge per one hundred (100) cubic feet for the account shall be computed at the rate of one-ninth of the LOTT wastewater service charge, plus one-seventh of the public sewer charge.

(Ord. 7024 §8, 2016; Ord. 6805 §4, 2012; Ord. 6804 §1, 2012; Ord. 6774 §4, 2011; Ord. 6507 §2, 2007; Ord. 5784 §2, 1998; Ord. 5668 §2, 1997; Ord. 5218 §1, 1991; Ord. 5197 §2, 1991; Ord. 5126 §22, 1990; Ord. 5073 §1, 1990; Ord. 4992 §1, 1989; Ord. 4986 §1, 1989; Ord. 4985 §1, 1989; Ord. 4751 §1, 1987; Ord. 4731 §1, 1986; Ord. 4584 §1, 1985; Ord. 4583 §1, 1985; Ord. 4372 §1, 1982; Ord. 4196 §1, 1980; Ord. 4015 §1, 1977; Ord. 3808 §1, 1973; Ord. 3231 §1, 1962; Ord. 2704, 1950; Ord. 2681 §2, 1950).

13.08.200 Payment of sewer bills

The City Council may in its discretion determine whether the charges for sewage disposal service shall be on a monthly or bimonthly basis. The foregoing rates and charges for sanitary sewage disposal shall be due and payable at the office of the City Treasurer or at such place or places designated by him/her on the date established by the Director of Administrative Services as authorized in Section 4.24.050 of this code.

(Ord. 6774 §4, 2011; Ord. 5398 §3, 1993; Ord. 2704, 1950; Ord. 2681 §3, 1950).

13.08.205 Sewer general facility charges Revised 11/17

A.    A sewer general facility charge (“Sewer GFC”) shall be assessed in the amount set forth in Title 4, Fees and Fines, of this code, as defined in Section 13.08.190. Except as provided in subsections B, C and D of this Section, such charge shall become due and payable no earlier than at the time of issuance of a building permit and no later than at the time of issuance of each permit to connect to the public sewer, and at the rate in effect at the time of payment, except for the deferred payment option stated below. For projects located outside the City, the date of building permit issuance by Thurston County shall constitute the earliest time of payment. This charge shall be assessed in addition to any other charges or assessments levied under this chapter. Said funds shall be deposited in the sewer capital improvement fund established under Section 3.04.750 of this code and shall be used only for the purposes enumerated therein.

B.    The Sewer GFC may be deferred for residential developments in the Downtown Deferred General Facility Charge Payment Option Area. An unpaid Sewer GFC deferred under this section shall constitute a lien against the property for which it is payable. Payment of a Sewer GFC need not be made prior to the time of connection if the payer provides the Community Planning and Development Department with proof that a Voluntary General Facility Charge Lien Agreement, in a form approved by the City Attorney, has been executed by all legal owners of the property upon which the development activity allowed by the building permit is to occur, and the agreement has been recorded in the office of the Thurston County Auditor. When such deferral is sought for a portion of the development activity, the City, at its sole discretion, shall determine the portions of the Sewer GFC to be applied to the portions of the development activity. If a Voluntary General Facility Charge Lien Agreement has been recorded, payment of the general facility charge shall be deferred under the following conditions:

1.    The Sewer GFC will be assessed at the rate in effect at the time of issuance of the building permit for the project, and

2.    Payment of the Sewer GFC will be made at the earlier of (a) the closing of sale of the property or any portion of the property, or (b) three (3) years from the date of the City’s issuance of a Certificate of Occupancy, and

3.    A GFC payment made within one (1) year of issuance of the Certificate of Occupancy for the development shall pay the fees assessed at the time of issuance of the building permit, and

4.    A GFC payment made within the second year from issuance of the Certificate of Occupancy for the development shall pay the Sewer GFC plus an interest component, for a total of 105% of the remaining balance of the fees assessed at the time of issuance of the building permit, and

5.    A GFC payment made within the third year from issuance of the Certificate of Occupancy for the development shall pay the Sewer GFC plus an interest component, for a total of 110% of the remaining balance of the fees assessed at the time of issuance of the building permit.

In the event that the Sewer GFC and/or interest (if any) is not paid within the time provided in this subsection, all such unpaid charges, fees and interest shall constitute a lien against the property for which they were assessed. The lien may be enforced either by foreclosure pursuant to RCW 61.12 or by termination of water service pursuant to Section 13.04.430 of this Code. The City may use other collection methods at its option. In the event of foreclosure, the owner at the time of foreclosure shall also pay the City’s reasonable attorney fees and costs incurred in the foreclosure process. Notwithstanding the foregoing, the City shall not commence foreclosure proceedings less than thirty (30) calendar days after providing written notification to the then-present owner of the property via certified mail with return receipt requested advising of its intent to commence foreclosure proceedings. If the then-present owner cures the default within the thirty-day cure period, no attorney fees and/or costs will be owed.

C.    The Sewer GFC will be waived for properties served by an existing OSS that connects to the public sewer within two years following notice by the City of eligibility for a GFC waiver. Notice will be sent to property owners when sewer becomes available to their property. Notice will be effective as of the date it is sent to the property owner by certified first class mail. Properties that fail to connect to the public sewer within two years following such notice shall be charged the Sewer GFC in effect at the time of connection to the public system, and those properties may defer payment of the Sewer GFC as provided in subsection D below.

A property shall also be eligible for a GFC waiver at such time as the property becomes eligible for a full or partial rebate of the LOTT capacity development charge (CDC). The GFC waiver shall expire on the same date as the expiration of the LOTT CDC rebate.

In addition, the Sewer GFC will be waived for properties served by an existing OSS that connects to the public sewer within two years of a transfer of ownership of the property. Property owners are required to provide documentation to the City of the transfer of ownership in order to be eligible for this waiver. The City will not provide notification to new property owners.

D.    The Sewer GFC for properties abandoning an existing OSS and connecting to public sewer without an increase in ERUs shall be paid in full or under installment contract with the following conditions:

1.    The property must be served by public water with an individual City of Olympia metered water utility account.

2.    In order to defer payment of a Sewer GFC, a property owner must execute a Sewer Connection Fee Contract with the City in a form approved by the City Attorney in which the property owner agrees to pay specified progress payments. The Sewer Connection Fee Contract shall also provide that the City shall be entitled to attorney’s fees and costs, should legal action need to be commenced to collect or enforce the contract. Connection to the public sewer will be allowed after the Sewer Connection Fee Contract has been recorded in the office of the Thurston County Auditor. Recording fees shall be paid by the property owner upon submittal of the signed Sewer Connection Fee Contract.

3.    Payments toward the deferred Sewer GFC shall be made monthly, including principal and interest, until the Sewer GFC and associated loan costs are paid. The minimum monthly payment shall be calculated such that full payment shall be completed within 8 years, with at most 96 monthly payments.

4.    The interest rate charged on any unpaid balance shall be equal to the interest rate of the most recent general obligation bonds issued by the City prior to execution of the Sewer Connection Fee Contract.

5.    Upon sale of the property, the unpaid GFC shall be paid in full or the new owner shall execute a Sewer Connection Fee Contract with the City for the balance of the GFC owed under the terms of this section.

6.    In the event that the Sewer GFC and/or interest (if any) is not paid within the time provided in this subsection, all such unpaid charges, fees and interest shall constitute a lien against the property for which they were assessed. The lien may be enforced either by foreclosure pursuant to RCW 61.12 or by termination of water service pursuant to Section 13.04.430 of this Code. The City may use other collection methods at its option. In the event of foreclosure, the owner at the time of foreclosure shall also pay the City’s reasonable attorney fees and costs incurred in the foreclosure process. Notwithstanding the foregoing, the City shall not commence foreclosure proceedings less than thirty (30) calendar days after providing written notification to the then-present owner of the property via certified mail with return receipt requested advising of its intent to commence foreclosure proceedings. If the then-present owner cures the default within the thirty-day cure period, no attorney fees and/or costs will be owed.

E.    The Sewer GFC for properties on public combined sewers shall apply to properties located within the Downtown Deferred General Facility Charge Payment Option Area and discharging sanitary sewage to the public combined sewer upon change in the character of the use of any structure on such property or upon a significant increase of sewage discharge therefrom.

(Ord. 7100 §2, 2017; Ord. 6774 §4, 2011; Ord. 6647 §2, 2009; Ord. 6420 §3, 2006; Ord. 5847 §2, 1998; Ord. 5668 §3, 1997; Ord. 5126 §23, 1990; Ord. 4992 §2, 1989).

13.08.210 LOTT capacity development charge--Payment

A.    There shall also be charged an additional LOTT capacity development charge for the premises, as defined in OMC Section 13.08.010, which is provided sewer service by Olympia. The LOTT capacity development charge shall also be assessed upon later change in the character of the use of any such premises or upon a significant increase of sewage discharge therefrom, determined in accordance with the guidelines and procedures adopted by the advisory committee created pursuant to the intergovernmental contract for wastewater facilities management. The LOTT capacity development charge shall be in the amount set forth in Title 4, Fees and Fines, of this code. The capacity development charge is intended to pay a predetermined share of the estimated capital cost per ERU to provide future joint facilities and additions to existing joint facilities that are considered necessary to serve the connections paying the capacity development charge while maintaining adequate system reserve capacity as described in The Highly Managed Alternative of the LOTT Wastewater Resource Management Plan of 1999.

B.    The charge imposed under Subsection A shall become due and payable no earlier than at the time of issuance of a building permit and no later than at the time each connection is completed, and at the rate in effect at the time of payment. For projects located outside the City, the date of building permit issuance by Thurston County shall constitute the earliest time of payment. If not paid on or before said date, the same shall become delinquent and shall bear interest at the rate of six percent per year from the date of delinquency until paid.

(Ord. 6805 §5, 2012; Ord. 6774 §4, 2011; Ord. 5913 §1, 1999; Ord. 5847 §3, 1998; Ord. 5333 §2, 1992; Ord. 4986 §2, 1989; Ord. 4005 §1, 1977; Ord. 2681 §4, 1950).

13.08.215 Septic to Sewer Program and infrastructure extension charges Revised 11/17

A.    There is hereby established the City of Olympia Septic to Sewer Program with the goal of connecting properties served by onsite sewage systems (OSS) to the public sewer. In furtherance of the Septic to Sewer Program, the City may construct sewer infrastructure to facilitate connection of properties served by onsite sewage systems. Infrastructure may include sewer mains, sewer manholes, sewer cleanouts, sewer lift stations, sewer force mains and STEP (septic tank effluent pumping) systems. Infrastructure extension proposals may be submitted by the owner of an OSS. Infrastructure extension proposals shall be reviewed by staff and prioritized using the following factors:

1.    Public health risk for the OSS as determined with input from Thurston County Environmental Health, including factors such as depth to groundwater, soil type, lot size, OSS density, proximity to drinking water sources. Projects serving higher risk OSS shall be given higher priority;

2.    Scope of infrastructure extension required with respect to number of existing OSS to potentially benefit. Projects requiring less extensive infrastructure extension and potentially benefitting a higher number of properties shall be given higher priority;

3.    Public drinking water availability. Projects without public drinking water available shall be given higher priority;

4.    Available funds.

Final approval of the infrastructure extension shall be made by the Public Works Director or his/her designee.

B.    A capital charge (CC) or the portion of the CC described below shall be paid for connections to sewer infrastructure that was extended as part of the Septic to Sewer program after November 5, 2017. The CC is defined as the total project cost, divided by the potential number of ERUs as defined under OMC 13.08.190, to be served by the infrastructure. The total project cost of a sewer infrastructure extension, including the costs of design, material, labor and contract administration, shall be based on the City’s Engineering Design and Development Standards for latecomer agreements. Payment of the CC or the portion of the CC due must be made prior to issuance of permit for sewer connection, except as provided in section C below. The CC shall be charged as follows:

1.    For properties abandoning an existing OSS, and connecting to an infrastructure extension within two years of notification of completion of the extension, without an increase in ERUs, the amount due shall be 20% of the CC.

2.    For properties abandoning an existing OSS, and connecting to an infrastructure extension more than two years after notification of completion of the extension, without an increase in ERUs, the amount due shall be 50% of the CC.

3.    For all properties for which numbers 1 and 2 above do not apply, the amount due shall be 100% of the CC.

4.    For properties that connect more than one year after completion of the infrastructure extension, the CC will be adjusted by the intervening annual changes in the CPI for all urban consumers in the Seattle-Tacoma-Bremerton urban area, in which Olympia is included.

C.    For properties abandoning an existing OSS and connecting to an infrastructure extension without an increase in ERUs, the CC or the portion of the CC due shall be paid in full prior to issuance of permit for sewer connection, or under installment with the following conditions:

1.    The property must be served by public water with an individual City of Olympia metered water utility account.

2.    In order to defer payment of the CC or the portion of the CC due, a property owner must execute a Sewer Connection Fee Contract with the City in a form approved by the City Attorney in which the property owner agrees to pay specified progress payments. The Sewer Connection Fee Contract shall also provide that the City shall be entitled to attorney’s fees and costs should legal action need to be commenced to collect or enforce the Sewer Connection Fee Contract. Connection to the infrastructure extension will be allowed after the Sewer Connection Fee Contract has been recorded in the office of the Thurston County Auditor. Recording fees shall be paid by the property owner upon submittal of the signed Sewer Connection Fee Contract.

3.    Payments toward the deferred CC or the portion of the CC due shall be made monthly until the CC or the portion of the CC due and associated loan costs are paid. The minimum monthly payment shall be calculated such that full payment shall be completed within 8 years, with at most 96 monthly payments.

4.    The interest rate charged on any unpaid balance shall be equal to the interest rate of the most recent general obligation bonds issued by the City prior to execution of the Sewer Connection Fee Contract.

5.    Upon sale of the property, the unpaid CC or the portion of the CC due shall be paid in full or the new owner shall execute a Sewer Connection Fee Contract with the City for the balance of the CC owed under the terms of this section.

6.    In the event the CC or the portion of the CC due and interest (if any) is not paid within the time provided in this subsection, all such unpaid charges, fees and interest shall constitute a lien against the property for which they were assessed. The lien may be enforced either by foreclosure pursuant to RCW 61.12 or by termination of water service pursuant to Section 13.04.430 of this Code. The City may use other collection methods at its option. In the event of foreclosure, the owner at the time of foreclosure shall also pay the City’s reasonable attorney fees and costs incurred in the foreclosure process. Notwithstanding the foregoing, the City shall not commence foreclosure proceedings less than thirty (30) calendar days after providing written notification to the then-present owner of the property via certified mail with return receipt requested advising of its intent to commence foreclosure proceedings. If the then-present owner cures the default within the thirty-day cure period, no attorney fees and/or costs will be owed.

(Ord. 7100 §3, 2017; Ord. 6774 §4, 2011; Ord. 6647 §3, 2009)

13.08.220 Charges become lien on property--Enforcement

All charges for sanitary sewage disposal service and for connections with the public sewer system, together with the penalties and interest thereon as provided in this article, shall be a lien upon the property upon which such connection is made or sewage disposal service furnished, superior to all other liens or encumbrances except those for general taxes and special assessments. Enforcement of such lien or liens shall be in the manner provided by law for the enforcement of the same and for delinquent sewage disposal service charges.

(Ord. 6774 §4, 2011; Ord. 2681 §5, 1950).

13.08.230 Shutting off water upon default

In the event that any such bill for sewage disposal service rates and charges or connections is not paid by the date established by the Director of Administrative Services as set forth in Chapter 4.24 of this code, the City shall shut off the water furnished to the premises to which the services were rendered or connection made. The water shall not be turned on again until such bill, together with all penalties and interest due thereon has been paid.

(Ord. 7024 §9, 2016; Ord. 6774 §4, 2011; Ord. 5398 §4, 1993; Ord. 5126 §24, 1990; Ord. 4015 §2, 1977; Ord. 2681 §9, 1950).

ARTICLE III. AREA SERVICE CHARGE

13.08.290 Charges become lien on property

In addition to all other charges imposed under this chapter and under Title 4, Fees and Fines, there shall be assessed for sewer connections, where applicable, a frontage and/or area charge. These charges shall be assessed to reimburse persons or the City for the cost of constructing sewer lines and other appurtenances in the street fronting the premises served by the connection. The amount of these charges shall be calculated per schedules for various sewer projects available in the Public Works Department. All charges assessed pursuant to this chapter shall become a lien on the property so assessed, which may be enforced in the manner provided by Section 13.08.220.

(Ord. 6774 §4, 2011; Ord. 5784 §3, 1998; Ord. 3979 §4, 1976).

ARTICLE IV. VIOLATIONS

13.08.380 Violations--Penalties

A.    Any person, firm, or corporation who knowingly violates or fails to comply with any term or provision of this chapter shall be deemed to have committed a misdemeanor, and if found guilty, shall be subject to a fine not to exceed One Thousand Dollars ($1,000), and/or to imprisonment not to exceed ninety (90) days or to both such fine and imprisonment. Each day shall be a separate offense. In the event of a continuing violation or failure to comply, the second and subsequent days shall constitute a gross misdemeanor punishable by a fine not to exceed Five Thousand Dollars ($5,000) and/or imprisonment not to exceed three hundred and sixty-five (365) days or both such time and imprisonment. Continuing violation shall mean the same type of violation which is committed within a year of the initial violation.

B.    As an additional concurrent penalty, it shall be a civil infraction for a person, firm, or corporation to violate or fail to comply with any term or provision of this chapter. Each day shall be a separate infraction. A person, firm, or corporation found to have committed a civil infraction shall be assessed a monetary penalty as follows:

1.    First offense: Class 3 ($50), not including statutory assessments.

2.    Second offense arising out of the same facts as the first offense: Class 2 ($125), not including statutory assessments.

3.    Third offense arising out of the same facts as the first offense: Class 1 ($250), not including statutory assessments.

See also OMC Chapter 4.44, Uniform Civil Enforcement.

(Ord. 6774 §4, 2011; Ord. 6081 §40, 2001).