Chapter 13.04
SEWER CONNECTIONS1

Sections:

Article I. Definitions

13.04.010    Definitions.

Article II. Use of Public Sewers Required

13.04.020    Unlawful deposits on public or private property.

13.04.030    Unlawful discharges to natural outlets.

13.04.040    Construction of privies and septic tanks.

13.04.050    Connection at owner’s expense.

Article III. Private Sewage Disposal

13.04.060    Permitted when.

13.04.070    Permit – Required.

13.04.080    Permit – Effective when.

13.04.090    Compliance with county recommendations.

13.04.100    Connection to public sewer required when.

13.04.110    Sanitary operation.

13.04.120    Construction of provisions.

13.04.130    Cleaning and filling after connection to public sewer.

13.04.135    Connection to town water service.

Article IV. Building Sewers and Connections

13.04.140    Permit – Required.

13.04.150    Permit – Classification.

13.04.155    Repealed.

13.04.160    Connection at owner’s expense.

13.04.170    Separate connection for each building.

13.04.180    Old building sewer – Use.

13.04.185    Abandonment of service line.

13.04.190    Construction – Conformance with code.

13.04.200    Elevation standard.

13.04.210    Prohibited connections.

13.04.220    Connection – Conformance with code.

13.04.225    Latecomer charges.

13.04.230    Inspection notification.

13.04.240    Excavation – Proper barricading required.

13.04.245    Disconnection or removal of service.

13.04.248    Annexation.

Article V. Use of the Public Sewers

13.04.250    Unlawful discharges.

13.04.255    Federal and state requirements.

13.04.260    Storm water discharges.

13.04.270    Unlawful water and waste discharges.

13.04.280    Unlawful substance discharges.

13.04.281    Notification.

13.04.290    Pretreatment requirements.

13.04.300    Grease, oil, and sand interceptors.

13.04.310    Continuous pretreatment requirement.

13.04.320    Control access holes required when.

13.04.330    Analysis of discharge – Use of standard methods.

13.04.340    Special agreements.

Article VI. Protection from Damage

13.04.350    Damage or destruction prohibited.

Article VII. Powers and Authority of Inspectors

13.04.360    Right of entry for inspections.

13.04.370    Observance of safety rules.

13.04.380    Right of entry on easements.

Article VIII. Violations – Penalties

13.04.390    Search warrant.

13.04.400    Sewer service penalties, damages and enforcement measures.

13.04.410    Liability for expense.

Article I. Definitions

13.04.010 Definitions.

Unless the context specifically indicates otherwise, the meaning of terms used in this chapter shall be as follows:

A. “BOD” (denoting biochemical oxygen demand) shall mean the quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory procedure in five days at 20 degrees Celsius expressed in milligrams per liter.

B. “Building drain” shall mean 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.

C. “Building sewer” shall mean the extension from the building drain to the public sewer or other place of disposal.

D. “Combined sewer” shall mean a sewer receiving both surface runoff and sewage.

E. “Garbage” shall mean solid wastes from the domestic and commercial preparation, cooking, and dispensing of food, and from the handling, storage, and sale of produce.

F. “Industrial wastes” shall mean the liquid wastes from industrial manufacturing processes, trade, or business as distinct from sanitary sewage.

G. “Natural outlet” shall mean any outlet into a watercourse, pond, ditch, lake, or other body of surface or groundwater.

H. “Person” shall mean any individual, firm, company, association, society, corporation, or group.

I. “pH” shall mean the logarithm of the reciprocal of the weight of hydrogen ions in grams per liter of solution.

J. “Properly shredded garbage” shall mean 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.

K. “Public sewer” shall mean a sewer in which all owners of abutting properties have equal rights, and is controlled by public authority.

L. “Sanitary sewer” shall mean a sewer which carries sewage and to which storm, surface, and ground waters are not intentionally admitted.

M. “Sewage” shall mean a combination of the water-carried wastes from residences, business buildings, institutions, and industrial establishments, together with such ground, surface, and storm waters as may be present.

N. “Sewage treatment plant” shall mean any arrangement of devices and structures used for treating sewage.

O. “Sewage works” shall mean all facilities for collecting, pumping, treating, and disposing of sewage.

P. “Sewer” shall mean a pipe of conduit for carrying sewage.

Q. “Shall” is mandatory; “may” is permissive.

R. “Slug” shall mean 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.

S. “Storm drain” (sometimes termed “storm sewer”) shall mean a sewer which carries storm and surface waters and drainage, but excludes sewage and industrial wastes, other than unpolluted cooling water.

T. “Superintendent” shall mean the utilities superintendent of the town of Waterville, or his authorized deputy, agent, or representative.

U. “Suspended solids” shall mean solids that either float on the surface of, or are in suspension in water, sewage, or other liquids, and which are removable by laboratory filtering.

V. “Watercourse” shall mean a channel in which a flow of water occurs, either continuously or intermittently. (Ord. 433 Art. I § 22, 1981).

Article II. Use of Public Sewers Required

13.04.020 Unlawful deposits on public or private property.

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 town of Waterville, or in any area under the jurisdiction of said town, any human or animal excrement, garbage, or other objectionable waste. (Ord. 433 Art. II § 1, 1981).

13.04.030 Unlawful discharges to natural outlets.

It shall be unlawful to discharge to any natural outlet within the town of Waterville, or in any area under the jurisdiction of said town, any sewage or other polluted waters, except where suitable treatment has been provided in accordance with subsequent provisions of this chapter. (Ord. 433 Art. II § 2, 1981).

13.04.040 Construction of privies and septic tanks.

Except as hereinafter provided, it shall be unlawful to construct or maintain any privy, privy vault, septic tank, cesspool, or other facility intended or used for the disposal of sewage. (Ord. 433 Art. II § 3, 1981).

13.04.050 Connection at owner’s expense.

The owners of all houses, buildings, or properties used for human occupancy, employment, recreation, or other purposes, situated within the town or 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 or combined sewer of the town, are hereby required at their expense to install suitable toilet facilities therein, and to connect such facilities directly with the proper public sewer, in accordance with the provisions of this chapter, within 90 days after date of official notice to do so; provided, that said public sewer is a gravity sewer line located within 200 feet of the property line. (Ord. 679 § 1, 2007; Ord. 433 Art. II § 4, 1981).

Article III. Private Sewage Disposal

13.04.060 Permitted when.

Where a public sanitary or combined sewer is not available under the provisions of WMC 13.04.050, the building sewer shall be connected to a private sewage disposal system complying with the regulations of the Washington State Department of Health for self-contained pressurized sewage-holding systems. (Ord. 679 § 2, 2007; Ord. 433 Art. III § 1, 1981).

13.04.070 Permit – Required.

Before commencement of construction of a private sewage disposal system the owner shall first obtain a written permit signed by the superintendent. The application for such permit shall be made on a form furnished by the town, which the applicant shall supplement by any plans, specifications, and other information as are deemed necessary by the superintendent. A permit and inspection fee of $25.00 shall be paid to the town at the time the application is filed. (Ord. 433 Art. III § 2, 1981).

13.04.080 Permit – Effective when.

A permit for a private sewage disposal system shall not become effective until the installation is completed to the satisfaction of the superintendent. He shall be allowed to inspect the work at any stage of construction and, in any event, the applicant for the permit shall notify the superintendent when the work is ready for final inspection, and before any underground portions are covered. The inspection shall be made within two working days of the receipt of notice by the superintendent. (Ord. 433 Art. III § 3, 1981).

13.04.090 Compliance with county recommendations.

The type, capacities, location, and layout of a private sewage disposal system shall comply with all recommendations of the Douglas County health department. No septic tank or cesspool shall be permitted to discharge to any natural outlet. (Ord. 433 Art. III § 4, 1981).

13.04.100 Connection to public sewer required when.

At such time as a public sewer becomes available to a property served by a private sewage disposal system, as provided in WMC 13.04.090, a direct connection shall be made to the public sewer in compliance with this chapter, and any septic tanks, cesspools, and similar private sewage disposal facilities shall be abandoned and filled with suitable material. (Ord. 433 Art. III § 5, 1981).

13.04.110 Sanitary operation.

The owner shall operate and maintain the private sewage disposal facilities in a sanitary manner at all times, at no expense to the town. (Ord. 433 Art. III § 6, 1981).

13.04.120 Construction of provisions.

No statement contained in this article shall be construed to interfere with any additional requirements that may be imposed by the health officer. (Ord. 433 Art. III § 7, 1981).

13.04.130 Cleaning and filling after connection to public sewer.

When a public sewer becomes available, the building sewer shall be connected to said sewer within 60 days and the private sewage disposal system shall be cleaned of sludge and filled with clean gravel or dirt approved by the superintendent. (Ord. 433 Art. III § 8, 1981).

13.04.135 Connection to town water service.

Properties seeking or receiving town sewer service shall also be required to connect to water service from the town. (Ord. 818 § 1, 2020).

Article IV. Building Sewers and Connections

13.04.140 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 superintendent. (Ord. 433 Art. IV § 1, 1981).

13.04.150 Permit – Classification.

There shall be two classes of building sewer permits: (a) for residential and commercial service; and (b) for service to establishments producing industrial wastes. In either case, the owner or his agent shall make application on a special form furnished by the town. The permit application shall be supplemented by any plans, specifications, or other information considered pertinent in the judgment of the superintendent. A permit and inspection fee of $25.00 for a residential or commercial building sewer permit and $100.00 for an industrial building sewer permit shall be paid to the town at the time the application is filed. (Ord. 433 Art. IV § 2, 1981).

13.04.155 Sewer system development fee.

Repealed by Ord. 818. (Ord. 618, 2002).

13.04.160 Connection at owner’s expense.

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 town from any loss of damage that may directly or indirectly be occasioned by the installation of the building sewer. (Ord. 433 Art. IV § 3, 1981).

13.04.170 Separate connection for each building.

A separate and independent building sewer shall be provided for every building; except where one building stands at the rear of another on an interior lot and no private sewer is available or can be constructed to the rear building through an adjoining alley, court, yard, or driveway, the building sewer from the front building may be extended to the rear building and the whole considered as one building sewer. (Ord. 433 Art. IV § 4, 1981).

13.04.180 Old building sewer – Use.

Old building sewers may be used in connection with new buildings only when they are found, on examination and test by the superintendent, to meet all requirements of this chapter. (Ord. 433 Art. IV § 5, 1981).

13.04.185 Abandonment of service line.

A. A service line shall be presumed to be abandoned by the owner when service charges have been unpaid for a period of six months. Upon abandonment pursuant to this section, town service can be resumed only upon payment of a new sewer system development fee as set forth in WMC 13.06.070.

B. If a connection fee has been paid to the town for a property prior to the passage of the ordinance codified in this chapter, and such property has not been paying monthly sewer user charges, the property owner shall pay the monthly sewer user charges from the month of passage of the ordinance codified in this chapter forward at the rate determined pursuant to Chapter 13.06 WMC, plus interest at the rate of 10 percent per annum on all accrued charges, or the service shall be deemed abandoned. The public sewer service cannot be restored unless the monthly fees, plus interest, are paid, or, in the event of abandonment, a new sewer system connection fee is paid.

C. If a structure served by the town sewer system is torn down or destroyed, the owner can either voluntarily abandon the service line or prevent abandonment by paying the service charges to the town in an amount equal to the charges prior to the building’s destruction.

D. Any property owner may voluntarily abandon their service line by written notice of their intention to do so to the town. Such service line shall be deemed abandoned upon receipt of said notice, and physical abatement of the line as is required by WMC 13.04.245.

E. If a service line is abandoned pursuant to this section, service charges to the property or building shall cease to accrue upon the effective date of the abandonment. However, abandonment pursuant to this section shall not relieve the owner of their obligation to pay the sewer utility balance due prior to the date of abandonment. (Ord. 827 § 2, 2021; Ord. 618, 2002).

13.04.190 Construction – Conformance with code.

The size, slope, alignment, materials of construction of a building sewer, and the methods to be used in excavating, placing of the pipe, jointing, testing, and backfilling the trench, shall all conform to the requirements of the building and plumbing code or other applicable rules and regulations of the town. In the absence of code provisions or in amplification thereof, the materials and procedures set forth in appropriate specifications of the ASTM and WPCF Manual of Practice No. 9 shall apply. (Ord. 433 Art. IV § 6, 1981).

13.04.200 Elevation standard.

Whenever possible, the building sewer shall be brought to the building at an elevation below the basement floor. In all buildings in which any building drain is too low to permit gravity flow to the public sewer, sanitary sewage carried by such building drain shall be lifted by an approved means and discharged to the building sewer. (Ord. 433 Art. IV § 7, 1981).

13.04.210 Prohibited connections.

No person shall make connection of roof downspouts, exterior foundation drains, areaway drains, or other sources of surface runoff or groundwater to a building sewer or building drain which in turn is connected directly or indirectly to a public sanitary sewer. Neither shall any person make connection of air conditioning or refrigeration cooling water to a building sewer which in turn is connected directly or indirectly to a public sanitary sewer. Any existing connections of such sources of surface runoff, groundwater or cooling water directly or indirectly to a public sewer shall disconnect such sources at the owner’s expense. (Ord. 433 Art. IV § 8, 1981).

13.04.220 Connection – Conformance with code.

The connection of the building sewer into the public sewer shall conform to the requirements of the building and plumbing code or other applicable rules and regulations of the town, or the procedures set forth in appropriate specifications of the ASTM and the WPCF Manual of Practice No. 9. All such connections shall be made gastight and watertight. Any deviation from the prescribed procedures and materials must be approved by the superintendent before installation. (Ord. 433 Art. IV § 9, 1981).

13.04.225 Latecomer charges.

No permit shall be issued pursuant to this chapter until all latecomer charges, as might be required to be paid under contract with the town, have been paid. (Ord. 618, 2002).

13.04.230 Inspection notification.

The applicant for the building sewer permit shall notify the superintendent when the building sewer is ready for inspection and connection to the public sewer. The connection shall be made under the supervision of the superintendent or his representative. (Ord. 433 Art. IV § 10, 1981).

13.04.240 Excavation – Proper barricading required.

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 town. (Ord. 433 Art. IV § 11, 1981).

13.04.245 Disconnection or removal of service.

It is unlawful to disconnect any sewer service, or remove any portion of a sewer service, without securing a permit from the town to do so. There will be no charge for a permit to disconnect. The disconnected service shall be plugged at the property line to the satisfaction of the town. (Ord. 618, 2002).

13.04.248 Annexation.

The town shall require as a condition of providing sewer services to properties outside of the town limits that the properties annex into the town prior to receiving said services. (Ord. 827 § 1, 2021; Ord. 818 § 2, 2020).

Article V. Use of the Public Sewers

13.04.250 Unlawful discharges.

No person shall discharge or cause to be discharged any storm water, surface water, groundwater, roof runoff, subsurface drainage, uncontaminated cooling water, or unpolluted industrial process waters to any sanitary sewer. (Ord. 433 Art. V § 1, 1981).

13.04.255 Federal and state requirements.

Federal and state requirements and limitations on discharges to the town’s wastewater treatment plant shall be met by all commercial and industrial users which are subject to such standards. (Ord. 597 § 1, 2000).

13.04.260 Storm water discharges.

Storm water 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 superintendent. Cooling water of unpolluted process waters may be discharged, in approval of the superintendent, to a storm sewer, combined sewer, or natural outlet. (Ord. 433 Art. V § 2, 1981).

13.04.270 Unlawful water and waste discharges.

No person shall discharge or cause to be discharged any of the following described waters or wastes to any public sewers:

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

B. Any waters or wastes containing toxic or poisonous solids, liquids, or gases in sufficient quantity, either singly or by interaction with other wastes to injure or interfere with any sewage treatment process, constitute a hazard to humans or animals, create a public nuisance, or create any hazard in the receiving waters of the sewage treatment plant, including but not limited to cyanides in excess of two mg/l as CN in the wastes as discharged to the public sewer;

C. Any waters or wastes having a pH lower than 5.5, or having any other corrosive property capable of causing damage or hazard to structures, equipment, and personnel of the sewage works;

D. Solid or viscous substances in quantities or of such size capable of causing obstruction to the flow in sewers, or other interference with the proper operation of the sewage works such as, but not limited to, ashes, cinders, sand, mud, straw, shavings, metal, glass, rags, feathers, tar, plastics, wood, unground garbage, whole blood, paunch manure, hair and fleshings, entrails and paper dishes, cups, milk containers, etc., either whole or ground by garbage grinders. (Ord. 433 Art. V § 3, 1981).

13.04.280 Unlawful substance discharges.

No person shall discharge or cause to be discharged the following substances, materials, waters, or wastes if it appears likely in the opinion of the superintendent that such wastes can harm either the sewers, sewage treatment process, or equipment, have an adverse effect on the receiving stream, or can otherwise endanger life, limb, public property, or constitute a nuisance. In forming his opinion as to the acceptability of these wastes, the superintendent will give consideration to such factors as quantities of subject wastes in relation to flows and velocities in the sewers, materials of construction of the sewers, nature of the sewage treatment process, capacity of the sewage treatment plant, degree of treatability of wastes in the sewage treatment plant and other pertinent factors. The substances prohibited are:

A. Any liquid or vapor having a temperature of 150 degrees Fahrenheit (65 degrees Celsius);

B. Any water or waste containing fats, wax, grease, or oils, whether emulsified or not, in excess of 100 mg/l or containing substances which may solidify or become viscous at temperatures between 32 degrees and 150 degrees Fahrenheit (0 degrees and 65 degrees Celsius);

C. Any garbage that has not been properly shredded. The installation and operation of any garbage grinder equipped with a motor of 3/4 horsepower (0.76 hp metric) or greater shall be subject to the review and approval of the superintendent;

D. Any waters or wastes containing iron, chromium, copper, zinc, and similar objectionable or toxic substances; or wastes exerting excessive chlorine requirement, to such degree that any such material received in the composite sewage treatment works exceeds the limit established by the superintendent for such materials;

E. Any waters or wastes containing phenols or other waste or odor-producing substances, in such concentrations exceeding limits which may be established by the superintendent as necessary, after treatment of the composite sewage, to meet the requirements of the state, federal or other public agencies of jurisdiction for such discharge to the receiving waters;

F. Any radioactive wastes or isotopes of such half life or concentration as may exceed limits established by the superintendent, in compliance with applicable state or federal regulations;

G. Any waters or waste having a pH in excess of 9.5;

H. Materials which exert or cause:

1. Unusual concentrations of inert suspended solids (such as, but not limited to, Fullers earth, lime slurries, and lime residues) or of dissolved solids (such as, but not limited to, chloride and sodium sulfate);

2. Excessive discoloration (such as, but not limited to, dye wastes and vegetable tanning solutions);

3. Unusual BOD, chemical oxygen demand or chlorine requirements in such quantities as to constitute a significant load on the sewage treatment works;

4. Unusual volume of flow or concentration of waste constituting “slugs” as defined herein;

I. Waters or wastes containing substances which are not amenable to treatment or reduction by the sewage treatment processes employed, or are amenable to treatment only to such degree that the sewage treatment plant affluent cannot meet the requirements of other agencies having jurisdiction over discharge to the receiving waters;

J. 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 the interference of the proper operation of the sewage works;

K. Any waters or wastes containing abrasives capable of causing damage to or interfering with the proper operation of the sewage works;

L. Any waters or wastes containing toxic or poisonous substances in sufficient quantity, either singly or by interaction with other wastes, to injure or interfere with any sewage treatment process or constitute a hazard to humans or animals, create a public nuisance, or create any hazard in the receiving waters of the sewage treatment plant, including, but not limited to, cyanides in excess of two mg/l;

M. Any waters or wastes containing persistent pesticides and/or pesticides or fungicides regulated by the Federal Insecticide Fungicide Rodenticide Act;

N. Any commercial septic tank waste;

O. Any waters or wastes containing strong acid iron pickling wastes, or concentrated plating solutions whether neutralized or not;

P. Any substance that will cause the city’s wastewater treatment plant to violate any of its disposal system permits;

Q. Any wastes defined as hazardous wastes by the state of Washington or the Federal Environmental Protection Act;

R. Any substance that would cause the town to violate its discharge permit issued by the Department of Ecology. (Ord. 597 § 2, 2000; Ord. 433 Art. V § 4, 1981).

13.04.281 Notification.

To adequately assess the impact to the sewage works, sewage treatment plant, or receiving waters, or the potential hazard to life, or the potential to constitute a public nuisance, written notification shall be given to the public works director. Written notification shall be provided for discharges or proposed discharges as follows:

A. Accidental Discharges. The public works director shall be notified immediately of any accidental discharge. Formal written notification discussing the circumstances and remedies shall be submitted to the public works director within five days of the occurrence. For the purpose of this provision, “accidental discharge” means the inadvertent and unavoidable discharge of any waters or wastes which contain the substances or possess the characteristics enumerated in WMC 13.04.270 through 13.04.280, and including slug discharges.

B. Slug Discharges. The public works director shall be notified in writing at least five days in advance of any planned slug discharge. (Ord. 597 § 1, 2000).

13.04.290 Pretreatment requirements.

If any waters or wastes are discharged, or are proposed to be discharged to the public sewers, which waters contain the substances or possess the characteristics enumerated in WMC 13.04.280, and which in the judgment of the superintendent, may have a deleterious effect upon the sewage works, processes, equipment, or receiving waters, or which otherwise create a hazard to life or constitute a public nuisance, the superintendent may:

A. Reject the wastes;

B. Require pretreatment to an acceptable condition for discharge to the public sewers;

C. Require control over the quantities and tares of discharge; and/or

D. Require payment to cover the added cost of handling and treating the wastes not covered by existing taxes or sewer charges under the provisions of WMC 13.04.340.

If the superintendent permits the pretreatment or equalization of waste flows, the design and installation of the plants and equipment shall be subject to the review and approval of the superintendent, and subject to the requirements of all applicable codes, ordinances, and laws. (Ord. 433 Art. V § 5, 1981).

13.04.300 Grease, oil, and sand interceptors.

Grease, oil, and sand interceptors shall be provided when, in the opinion of the superintendent, they are necessary for proper handling of liquid wastes containing grease in excessive amounts, or any flammable wastes, sand, or other harmful ingredients; except that such interceptors shall not be required for private living quarters or dwelling units. All interceptors shall be of a type and capacity approved by the superintendent, and shall be located as to be readily and easily accessible for cleaning and inspection. (Ord. 433 Art. V § 6, 1981).

13.04.310 Continuous pretreatment requirement.

Where preliminary treatment or flow-equalizing facilities are provided for any waters or wastes, they shall be maintained continuously in satisfactory and effective operation by the owner at his expense. (Ord. 433 Art. V § 7, 1981).

13.04.320 Control access holes required when.

When required by the superintendent, the owner of any property serviced by a building sewer carrying industrial wastes shall install a suitable control manhole together with such necessary meters and other appurtenances in the building sewer to facilitate observation, sampling, and measurement of the wastes. Such manhole, when required, shall be accessibly and safely located, and shall be constructed in accordance with plans approved by the superintendent. The manhole shall be installed by the owner at his expense, and shall be maintained by him so as to be safe and accessible at all times. (Ord. 433 Art. V § 8, 1981).

13.04.330 Analysis of discharge – Use of standard methods.

All measurements, tests, and analyses of the characteristics of waters and wastes to which reference is made in this chapter shall be determined in accordance with the latest edition of “Standard Methods for the Examination of Water and Wastewater,” published by the American Public Health Association, and shall be determined at the control manhole provided, or upon suitable samples taken at said control manhole. In the event that no special manhole has been required, the control manhole shall be considered to be the nearest downstream manhole in the public sewer to the point at which the building sewer is connected. Sampling shall be carried out by customarily accepted methods to reflect the effect of constituents upon the sewage works and to determine the existence of hazards to life, limb, and property. (The particular analyses involved will determine whether a 24-hour composite of all outfalls of a premises is appropriate or whether a grab sample or samples should be taken. Normally, but not always, BOD and suspended solids analyses are obtained from 24-hour composites of all outfalls whereas pH’s are determined from periodic grab samples.) (Ord. 433 Art. V § 9, 1981).

13.04.340 Special agreements.

No statement contained in this article shall be construed as preventing any special agreement or arrangement between the town and any industrial concern whereby an industrial waste of unusual strength or character may be accepted by the town for treatment, subject to payment therefor, by the industrial concern. (Ord. 433 Art. V § 10, 1981).

Article VI. Protection from Damage

13.04.350 Damage or destruction prohibited.

No unauthorized person shall maliciously, willfully, or negligently break, damage, destroy, uncover, deface, or tamper with any structure, appurtenance, or equipment which is a part of the sewage works. Any person violating this provision shall be subject to immediate arrest under charge of disorderly conduct. (Ord. 433 Art. VI § 1, 1981).

Article VII. Powers and Authority of Inspectors

13.04.360 Right of entry for inspections.

The superintendent and other duly authorized employees or representatives of the town bearing proper credentials and identification shall be permitted to enter all properties for the purposes of inspection, observation, measurement, sampling, and testing in accordance with the provisions of this chapter. (Ord. 433 Art. VII § 1, 1981).

13.04.370 Observance of safety rules.

While performing the necessary work on private properties referred to in WMC 13.04.360, the superintendent or duly authorized employees of the town 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 town employees and the town shall indemnify the company against loss or damage to its property by town 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 WMC 13.04.320. (Ord. 433 Art. VII § 2, 1981).

13.04.380 Right of entry on easements.

The superintendent and other duly authorized employees of the town bearing proper credentials and identification shall be permitted to enter all private properties through which the town holds a duly negotiated easement for the purposes of, but not limited to, inspection, observation, measurement, sampling, repair, and maintenance of any portion of the sewage works lying within said easement. All entry and subsequent work, if any, on said easement, shall be done in full accordance with the terms of the duly negotiated easement, pertaining to the private property involved. (Ord. 433 Art. VII § 3, 1981).

Article VIII. Violations – Penalties

13.04.390 Search warrant.

If the public works director, his representative, and other duly authorized employees or agents of the town bearing proper credentials and identification have been refused access to a building, structure or property, or any part thereof, and is able to demonstrate probable cause to believe there may be a violation of this chapter, or that there is a need to inspect as part of a routine inspection program of the town designed to verify compliance with this title or order issued hereunder, or to correct the overall public heath, safety and welfare of the community, then the public works director shall seek issuance of a search warrant from the Douglas County district court. Such warrant shall be served at reasonable hours by the public works director in the company of a uniformed law enforcement officer providing service to the town. (Ord. 597 § 3, 2000).

13.04.400 Sewer service penalties, damages and enforcement measures.

A. Civil Infraction. Any person violating any provision of this chapter shall be deemed to have committed a civil infraction for which a penalty of up to $500.00 may be imposed.

The penalty for the first such infraction shall be $125.00, the penalty for a second infraction shall be $250.00, and the penalty for the third or subsequent infractions shall be determined by the court.

Each separate day, or any portion thereof, during which any violation of this chapter occurs or continues shall be deemed to constitute a separate offense and, upon conviction thereof, shall be punishable as provided in this section.

B. Injunction. In addition to the foregoing infraction, the violation of any of the provisions of this chapter is deemed to be a nuisance and threatening to the health and safety of the citizens of Waterville. The town may utilize any civil remedy available to it under the laws of the state of Washington to enforce these provisions, including injunctive relief. (Ord. 618, 2002; Ord. 597 § 3, 2000).

13.04.410 Liability for expense.

Any person violating any of the provisions of this chapter shall become liable to the town for any expense, loss, or damage occasioned the town by reason of such violation. (Ord. 433 Art. VIII § 3, 1981).


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Prior legislation: Ords. 178 and 422.