Chapter 13.08 SEWAGE SYSTEM

For statutory provisions authorizing a town to establish a sewer system and to compel residents of the town to connect with that system, see RCW 35.27.370(5). Provisions in this chapter which are in conflict with provisions in Chapter 15.04 WMC are superseded by those provisions in Chapter 15.04 WMC.

13.08.005 Definitions.

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

(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 milligrams per liter.

(2) “City” refers to the city of Westport.

(3) “Combined sewer” means a sewer receiving both surface runoff and sewage.

(4) “Cover” means the depth of material lying between the top of the sewer pipe and the finished grade immediately above it.

(5) “Director” means the director of public works, city of Westport or his authorized deputy, agent or representative.

(6) “Downspout” means the leader or pipe above ground which is installed to conduct water from the roof to the gutter.

(7) “Drain” means any conductor or pipe which carries waste or waterborne waste or building drainage system.

(8) “Garbage” means solid wastes from the domestic and commercial preparation, cooking, and dispensing of food, and from the handling, storage, and sale of produce.

(9) “House drain” or “building drain” means the pipe used for conveying sewage from the building to a point two and one-half feet outside the foundation wall, and if there is no foundation wall, to a point two and one-half feet beyond the outer line of any footing piling, building support or porch under which it may run, whether such drain consists of one line extending from the building or two or more such lines.

(10) “Industrial wastes” means the liquid wastes from industrial manufacturing processes, trade, or business as distinct from sanitary sewage.

(11) “Licensed side sewer contractor” means a bonded and licensed person approved by the city as qualified and competent to do work incidental to the construction or repair of side sewers under a permit issued under this chapter.

(12) “Natural outlet” means any outlet into a watercourse, pond, ditch, lake, or other body of surface or ground water.

(13) “Occupant” means any person or owner in physical possession of the building or structure to which sewer service is available.

(14) “Permit” means a document issued by the city in conjunction with the construction of side sewers. Such permit shall be available on the premises and shall be readily accessible.

(15) “Person” or “owner” means any individual, firm, company, association, society, corporation, or group.

(16) “pH” means the logarithm of the reciprocal of the weight of hydrogen ions in grams per liter of solution.

(17) “Properly shredded garbage” means wastes 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 three-eighths inch (0.95 centimeters) in any dimension.

(18) “Public place,” “public area,” or “public property” means any space dedicated to or acquired for the use of the general public.

(19) “Public sanitary sewer” means a sewer which collects sanitary sewage and is controlled by the city. This sewer may be on property not owned by the city where proper easements have been acquired.

(20) “Sanitary sewer” means a pipe or conduit for carrying sanitary sewage.

(21) “Service connection” means the sewer pipe and appurtenances located on private property between the building or buildings on such property and the public sewer, sometimes commonly known as a house sewer.

(22) “Sewage” means the combination of water-carried waste from residences, business buildings, living quarters, restaurants, institutions, public sanitary facilities and the sanitary facilities of industrial institutions. This term refers generally to the waste products of normal human living activities which might be derived from homes, restaurants or motels.

(23) “Sewage treatment plant” means any arrangement of devices and structures used for treating sewage.

(24) “Sewerage works” means all facilities for collecting, pumping, conveying, treating, and disposing of sewage.

(25) “Shall” is mandatory; “may” is permissive.

(26) “Side sewer” means that portion of the public sewer between primary collection lines and individual property lines.

(27) “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.

(28) “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.

(29) “Storm sewage” refers to the water which is a product of rainfall or tides and is collected as roof surface or subsurface runoff.

(30) “Suspended solids” means solids that either float on the surface of or are in suspension in water, sewage or other liquids, and which are removable by filtering.

(31) “Watercourse” means a channel in which a flow of water occurs, either continuously or intermittently. (Ord. 534 Art. 1 §§ 1 – 31, 1977)

13.08.010 Unlawful deposits – Human or animal excrement, garbage, or objectionable wastes.

It is 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. 534 Art. 2 § 1, 1977)

13.08.015 Unlawful discharges – Sewage or polluted waters.

It is 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 subsequent provisions of this chapter. (Ord. 534 Art. 2 § 2, 1977)

13.08.020 Unlawful to construct or maintain privies, septic tanks, or cesspools.

Except as hereinafter provided, it is unlawful to construct or maintain any privy, privy vault, septic tank, cesspool, or other facility intended or used for the disposal of sewage. (Ord. 534 Art. 2 § 3, 1977)

13.08.025 Requirement to install toilet facilities.

The owner of any house, building or other property used for human occupancy, employment, recreation or other place where persons gather or are present for extended periods of time and 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 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 the public sewer is within 200 feet (61.0 meters) of the property line. A violation of this section is punishable by a fine of $2,000. (Ord. 1063 § A, 1996; Ord. 534 Art. 2 § 4, 1977)

13.08.030 Service by sanitary sewer.

All property shall be deemed capable of being served by sanitary sewer lines if the first floor plumbing of any building or structure located thereon can be served into the sanitary sewer lines by gravity flow, even though the basement drains of such building or structure cannot be served by gravity flow into the sanitary sewer lines. (Ord. 534 Art. 2 § 5, 1977)

13.08.035 On-site sewage disposal system permitted when.

In the event the dwelling unit or other premises is so situated as to preclude any gravity flow of wastes into the public sewer system, an existing on-site sewage disposal system which conforms to applicable state and county regulations may continue to be used for no longer than two years from the date sanitary sewers are available or until repair or replacement is required, whichever is the shorter period. Upon expiration of this variance, connection to the public sewer system shall be made. (Ord. 534 Art. 2 § 6, 1977)

13.08.040 Side sewer and service connection not made – Violation when.

In the event a side sewer and service connection to the public sewer is not made within the time period herein provided and following proper notification as provided, the owner of the property shall be in violation of this chapter and subject to such penalties as provided in WMC 13.08.555 through 13.08.565. (Ord. 534 Art. 2 § 7, 1977)

13.08.045 Private sewer and sewage disposal system permitted when.

Where a public sewer line is not available under the provisions of this section, a private sewer and sewage disposal system shall be constructed in accordance with WMC 13.08.095 through 13.08.125. (Ord. 534 Art. 2 § 8, 1977)

13.08.050 Stormwater or surface runoff – Prohibited to divert or discharge.

It is unlawful to divert or cause to be diverted any stormwater, surface runoff, or underground drainage to any sewer, manhole or other appurtenant structure or portion of the sanitary sewer system.

No person shall discharge or cause to be discharged any stormwater, surface water, groundwater, roof runoff, subsurface drainage, cooling water, or unpolluted industrial process water to any portion of the sanitary sewer system, and no roof drains, yard drains, or roofing drains of any type shall be connected to the sanitary sewers in any manner.

At the time of inspection of the side sewer, it shall be visibly demonstrated to the director or his representative that there is no illegal connection to the service sewer by such measure as the director may deem necessary. (Ord. 534 Art. 2 § 9, 1977)

13.08.055 Stormwater and unpolluted drainage – Discharge.

Stormwater and all other unpolluted drainage shall be discharged to such sewers as are specifically designed as storm sewers, or to a natural outlet approved by the director. Industrial cooling water or unpolluted process waters may be discharged on approval of the director to a storm sewer or natural outlet. (Ord. 534 Art. 2 § 10, 1977)

13.08.060 Prohibited discharges.

No person, persons, firm, or corporation shall discharge or cause to be discharged any of the following described water or waste to any public sanitary sewer:

(1) Any gasoline, benzene, naphtha, fuel oil, or other flammable or explosive liquid, solid or gas;

(2) 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;

(3) 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;

(4) 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;

(5) Any liquid or vapor having a temperature higher than 150 degrees Fahrenheit (65 degrees Celsius);

(6) 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 and 150 degrees Fahrenheit (zero and 65 degrees Celsius);

(7) Any garbage that has not been properly shredded, as herein specified;

(8) Any waters or wastes containing strong acid, iron, pickling wastes, or concentrated plating solutions whether neutralized or not;

(9) Any waters or wastes containing iron, chromium, copper, zinc, and similar objectionable or toxic substances; or wastes exerting an excessive chlorine requirement, to such degree that any such material received in the composite sewage at the sewage treatment works exceeds the limits established by the director for such materials;

(10) Any waters or wastes containing phenols or other taste- or odor-producing substances, in such concentrations exceeding limits which may be established by the director 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;

(11) Any radioactive wastes or isotopes of such half-life or concentration as may exceed limits established by the director in compliance with applicable state or federal regulations;

(12) Any waters or wastes having a pH in excess of 8.5;

(13) 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, animals, fish or fowl, or create any hazard in receiving waters of the sewage treatment plant;

(14) 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;

(15) Any waste with a BOD in excess of 300 parts per million;

(16) Any noxious or malodorous gas or substance capable of creating a public nuisance;

(17) Any sewage that is not definable as sanitary sewage;

(18) When approval is obtained to dispose of industrial wastewater directly into the outfall line of the wastewater treatment facility, such industrial wastewater shall comply with the provisions of subsections (1) through (7) of this section, and in addition thereto, all waste material shall be screened and removed from the wastewater in such a manner that no floating, suspended or settleable solids exceeding a size of one-fourth inch in any dimension shall pass into the wastewater treatment plant outfall line. (Ord. 568, 1978; Ord. 534 Art. 2 § 11, 1977)

13.08.065 Grease, oil, and sand interceptors – Provided when.

Grease, oil, and sand interceptors shall be provided when, in the opinion of the director, they are necessary for the 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 director, and shall be located as to be readily and easily accessible for cleaning and inspection. (Ord. 534 Art. 2 § 12, 1977)

13.08.070 Preliminary treatment or flow-equalizing facilities – Maintenance.

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. 534 Art. 2 § 13, 1977)

13.08.075 Control manhole to be provided when.

When required by the director, 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 accessible and safely located, and shall be constructed in accordance with plans approved by the director. 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. 534 Art. 2 § 14, 1977)

13.08.080 Determination of measurements, tests, and analysis of water characteristics and wastes.

All measurements, tests, and analysis 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 the 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 analysis 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. 534 Art. 2 § 15, 1977)

13.08.085 Special agreement between city and industrial concern.

No statement contained in WMC 13.08.010 through 13.08.090 shall be construed as preventing any special agreement or arrangement between the city and any industrial concern whereby an industrial waste of unusual strength or character may be accepted by the city for treatment, subject to payment therefor, by the industrial concern. (Ord. 534 Art. 2 § 16, 1977)

13.08.090 Connection to public sewage system to be through metered water service connection.

No premises shall be connected to the public sanitary sewage system except those premises which are first connected to the city water system through a metered water service connection. (Ord. 534 Art. 2 § 17, 1977)

13.08.095 Private sewage disposal – Generally.

Where a public sanitary or combined sewer is not available under the provisions of WMC 13.08.025, the actions and restrictions set forth in WMC 13.08.100 through 13.08.125 may apply. (Ord. 534 Art. 3 § 1, 1977)

13.08.100 Private sewage disposal – Permit – Required.

Before commencement of construction of a private sewage disposal system, the owner shall first obtain a written permit signed by the director. The application for such permit shall be made on a form furnished by the city, which the applicant shall supplement by any plans, specifications, and other information as are deemed necessary by the director. (Ord. 534 Art. 3 § 2, 1977)

13.08.105 Private sewage disposal – 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 director. 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 director 24 hours prior to the time when the work is ready for final inspection, and before any underground portions are covered. (Ord. 534 Art. 3 § 3, 1977)

13.08.110 Private sewage disposal – Compliance with regulations.

The type, capacities, location and layout of a private sewage disposal system shall comply with all regulations of the Department of Social and Health Services, state of Washington and the Grays Harbor sanitarian. No septic tank or cesspool shall be permitted to discharge to any natural outlet. (Ord. 534 Art. 3 § 4, 1977)

13.08.115 Private sewage disposal – Connection to public sewer when.

At such time as a public sewer becomes available to a property served by a private sewage disposal system, 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. 534 Art. 3 § 5, 1977)

13.08.120 Private sewage disposal – Operation and maintenance.

The owner shall operate and maintain the private sewage disposal facilities in a sanitary manner at all times, at no expense to the city. (Ord. 534 Art. 3 § 6, 1977)

13.08.125 Extension of sanitary sewer system.

When 20 percent or more of the available land area is to be developed or has been developed and it is determined that extension of the city sanitary sewer system is feasible to adequately serve the area, the sanitary sewer system shall be extended in a manner as provided elsewhere in this chapter. (Ord. 534 Art. 3 § 7, 1977)

13.08.130 Sewer contractors – Licensing.

Any person(s), firm or corporation employed, by the city or any other party, to construct a side sewer, service connection and/or make connection to a side sewer or public sanitary sewer shall be registered and actively licensed by the state of Washington. (Ord. 1571 § 1, 2014; Ord. 534 Art. 4 § 1, 1977)

13.08.135 Sewer contractor – Application.

Repealed by Ord. 1571. (Ord. 534 Art. 4 § 2, 1977)

13.08.140 Sewer contractor – Approval – Period of validity.

Repealed by Ord. 1571. (Ord. 534 Art. 4 § 3, 1977)

13.08.145 Sewer contractor – Fees.

An applicant shall pay the sum of $10.00 to the city at the time of making initial application for approval, to cover costs of investigating the applicant, and the sum of $10.00 at the time of application for renewal of the approval, to cover such costs. (Ord. 534 Art. 4 § 4, 1977)

13.08.150 Side sewer and connection – Compliance with regulations.

It is unlawful for any person to make any connection with or do any work to any public or private side sewer without complying with all of the provisions of this chapter in relation thereto and having first procured a permit to do so as outlined below. (Ord. 534 Art. 5 § 1, 1977)

13.08.155 Side sewer – Permit – Application – Procedure.

The application for the side sewer permit required above shall be made in triplicate on forms provided by the city. This application shall contain, among other things, the owner’s name and mailing address, the legal description of the work to be performed and the name of the contracting firm. If the person responsible for the work is different from the owner (such as is the case in some lease agreements), his name and address shall be included on the application. Where the work is a new connection to the public sanitary sewer system, there shall also be included on the application a sketch showing the property lines, the location and dimensions of the structure to be served, and the point at which it is desired to connect the structure to the side sewer. Sketches may also be required at the director’s request where the work is extensions, relaying or repairs. The director may require detail drawings and/or engineering drawings when necessary. (Ord. 534 Art. 5 § 2, 1977)

13.08.160 Side sewer – Permit – Application – Approval.

The application shall, after it is properly filled out, be submitted to the director for approval. Where the work is a new connection to a public sewer, he shall at the time from his records indicate on the sketch the location at which the side sewer connection shall be made to the public sanitary sewer. At that time, the property owner, or his representative, shall indicate on the sketches where he proposes that the side sewer shall be installed. Then the director may approve the application if same is acceptable to him. (Ord. 534 Art. 5 § 3, 1977)

13.08.165 Side sewer – Permit – Application – Fee.

The application shall then be transmitted (by the owner or his representative) to the city clerk with the required permit fee and other charges. The clerk will accept the permittee and other charges, stamp the permit “paid” and date, return one copy to the director, and retain one copy. The other copy shall be available on the property during construction. The approved permit application is the permit as referred to below. (Ord. 534 Art. 5 § 4, 1977)

13.08.170 Service connection – Permit – Application.

A permit application for industrial waste service connection shall also contain the type of industrial waste to be disposed of and no industrial waste shall be introduced into the public sewer other than as described in the application. The director may require such additional plans, information and other data as may be necessary or desirable for the protection of the public sewer to be submitted as a condition to issuing a permit. (Ord. 534 Art. 5 § 5, 1977)

13.08.175 Service connection – Permit – Unlawful to alter.

Upon approval of the permit application and its issuance as a permit, it is unlawful to alter the permit or to perform any work other than is provided for in the permit. (Ord. 534 Art. 5 § 6, 1977)

13.08.180 Permit required for connection to side sewer or service connection.

It is unlawful to construct, extend, relay, repair or to make connection to any side sewer or service connection inside the property line without obtaining a permit as provided in WMC 13.08.150. The city may issue such permit to the owner or occupant of any property to construct, extend, relay, repair or make connections to the service connection inside the property lines; in such event, however, such owner, or occupant, shall comply with the applicable provisions of this chapter, except that he need not employ a licensed side sewer contractor to do the work if he makes the installation himself. However, should the owner or occupant employ another person to make the installation of the side sewer, it must be a licensed side sewer contractor. (Ord. 534 Art. 5 § 7, 1977)

13.08.185 Connection to be made by licensed side sewer contractor.

It is unlawful to make any connection to any public sewer, or to lay, repair, alter or connect any side sewer in any public area except by the holder of a side sewer contractor’s license issued by the city, and except as is otherwise provided in this chapter. (Ord. 534 Art. 5 § 8, 1977)

13.08.190 Excavations not to be left unguarded.

It is unlawful for any person, whether owner, occupant or side sewer contractor, to leave unguarded any excavation made in connection with the construction or repair of any side sewer within four feet of any public right-of-way or other public place or fail to maintain the lateral support of any public right-of-way or other public place in connection with the construction alteration or repair of any side sewer or service connection. (Ord. 534 Art. 5 § 9, 1977)

13.08.195 Only work covered by side sewer permit to be done.

When a permit has been issued for a side sewer as herein provided, no work other than that covered by the permit shall be done without the approval of the director; and he may, if he deems the additional work of sufficient consequence, require a new permit to cover the same. (Ord. 534 Art. 5 § 10, 1977)

13.08.200 Permit required to disconnect side sewer.

It is unlawful to disconnect any side sewer, or remove any portion of a side sewer without securing a permit from the city to do so. The disconnected service shall be plugged at the property line, or at the sewer line, to the satisfaction of the director. (Ord. 534 Art. 5 § 11, 1977)

13.08.205 Connection of sources of surface runoff or groundwater to sewer unlawful.

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. (Ord. 534 Art. 5 § 12, 1977)

13.08.210 Permit fee for construction and connection of sewer system.

(1) The permit fee for new construction to connect to the sewer system shall be in addition to any applicable sewer assessments in lieu of assessment, hook on, or plant investment fee charges.

(2) The permit fee schedule shall be established by regulation by the director of public works of the city. Before the adoption of said rates and charges, the director of public works shall post the proposed charges in three public places, including the Westport City Hall at least 10 days prior to the next regularly scheduled city council meeting.

(3) Any person wishing to object to the proposed rates as set forth shall make their objection known at the council meeting where the council shall hear and determine the proposed rates. Upon approval by the city council, the rate shall become effective immediately.

(4) These fixed charges are not applicable where special conditions exist. Where such conditions exist the rates and charges shall be the actual cost of installation, including overhead. (Ord. 822, 1988; Ord. 534 Art. 5 § 13, 1977)

13.08.215 Permit fee for extension or repair of sewer line.

The permit fee for the extension of, repair or the relaying of any existing sewer line shall be as follows:

(1) Filing fee, $10.00;

(2) Inspection fee to be determined by the director at time of application based upon anticipated city cost but not less than $10.00.

No permit is required for normal maintenance consisting of cleaning, rodding or minor maintenance less than $100.00. (Ord. 534 Art. 5 § 14, 1977)

13.08.220 Duration of permit – Validity.

No permit issued under this chapter shall be valid for a period longer than 60 days unless extended or renewed by the city upon application therefor prior to the expiration of same. Failure to renew the permit prior to the expiration thereof shall require the payment of a new permit fee. (Ord. 534 Art. 5 § 15, 1977)

13.08.225 Permit to be posted in conspicuous place.

The permit required by this chapter must, at all times during the performance of the work, and until the completion thereof and approval by the director, be available in some conspicuous place at or near the work and must be readily and safely accessible to the director. (Ord. 534 Art. 5 § 16, 1977)

13.08.230 Service connections to be in conformance with specifications.

All service connections shall conform to the specifications contained herein. All costs and expenses incident to the installation of any service connection or side sewer shall be borne by the owner of the property to be served thereby, and such owner shall indemnify and save the city, its officers and agents harmless from any loss or damage that may be directly or indirectly occasioned by the installation or connection of a service connection. (Ord. 534 Art. 5 § 17, 1977)

13.08.235 Separate building connections required.

No more than one building shall be connected to a service connection unless otherwise approved by the director prior to construction. All service connections shall be constructed of six-inch pipe, except that the connection to one single-family residence may be constructed of four-inch pipe. If a service connection or any portion thereof is to be located on private property other than that owned by the applicant for the permit therefor, the permittee shall obtain an easement duly executed, acknowledged and recorded over each other parcel of property involved, for the purpose of maintaining such sewer line and for access thereto as long as such service connection shall be used. (Ord. 534 Art. 5 § 18, 1977)

13.08.240 Plans for multiple connections required – Permit.

If more than four buildings or mobile homes are to be connected to a single side sewer, the director may require plans prepared by a registered professional engineer to be submitted to the city for approval, showing the location, size of pipe, and grade proposed. Upon approval of these plans by the city, the director may issue the permit. (Ord. 534 Art. 5 § 19, 1977)

13.08.245 Outlets from plumbing fixtures to be connected to public sewer.

All outlets from plumbing fixtures on the property to be served by a service connection shall be connected to the public sewer.

Old or existing pipes for sewage, including septic tank lines, shall not be used for new service connections unless they conform to the leakage and size specifications set forth herein, and have been approved by the director. The burden of establishing conformity to these specifications to the satisfaction of the director shall be borne by the property owner. (Ord. 534 Art. 5 § 20, 1977)

13.08.250 Connections to septic tank or privy vault to be removed – Direct connection to house drain.

Any connections to a septic tank, cesspool, or privy vault will be removed and direct connection made to the house or building drain; provided, however, that connection may be made through existing septic tanks or cesspools, but in such event, cast iron pipe shall be used through such cesspool or septic tank. In all cases, abandoned septic tanks or cesspools shall be disinfected and filled with gravel, sand, or clean rubble. (Ord. 534 Art. 5 § 21, 1977)

13.08.255 Mobile home parks – Definition.

Mobile home park service connections shall be constructed per WMC 13.08.255 through 13.08.270 as follows, in addition to the general specifications of this chapter:

“Mobile home” means any house trailer or other such structure designed and constructed so that it may be transported on public thoroughfares and provide living accommodation therein. Property devoted to keeping of more than one mobile home shall be a mobile home park. Any service connection for a mobile home which is not, in the opinion of the director, permanently affixed to the real property shall conform to WMC 13.08.255 through 13.08.270. (Ord. 534 Art. 5 § 22, 1977)

13.08.260 Mobile home parks – Utility pad to be provided.

A utility pad consisting of a concrete pad located at each mobile home location in the mobile home park shall be provided for the terminal of each service connection. It shall be designed according to the specifications established by the director from time to time and shall be located as the design requirements of the sanitary sewer shall dictate in preference to any other utilities provided at the pad. (Ord. 534 Art. 5 § 23, 1977)

13.08.265 Mobile home parks – Service connection line – Vent and cleanout.

Service connection line shall be constructed of four-inch pipe for a single trailer hookup and six-inch pipe for two or more hookups. The service connection line shall contain a cast iron “P Trap,” extra heavy weight classification at each utility pad.

A combination vent and cleanout shall be provided at the terminus of each collection line when a manhole is not provided. The combination vent and cleanout shall be constructed in accordance with the standard plan. (Ord. 534 Art. 5 § 24, 1977)

13.08.270 Mobile home parks – Right of entry for inspections.

The director or his representative may enter upon the property where a mobile home and RV park service connection is maintained for the purpose of inspecting the service. In the event that any connection is made without proper venting or any unused service connection is not plugged with a watertight cap, the RV park or mobile home owner shall be subject to the penalties provided herein. (Ord. 817, 1988; Ord. 534 Art. 5 § 25, 1977)

13.08.275 Discharge of industrial wastes – Application – Permit.

Any person desiring to discharge industrial waste into the public sewer shall make application therefor to the city, and thereupon the city shall determine such conditions as may be required for such use to protect the public system from damage. All regulations of the city and other governmental regulations applicable shall be complied with. Any permit issued therefor may be on such conditions and for such time as the city deems advisable and in their best interests. (Ord. 534 Art. 5 § 26, 1977)

13.08.280 Preliminary treatment facilities – Expenses to be borne by owner.

Whenever preliminary treatment is necessary to reduce the objectionable character or constituents to within the maximum limits prescribed by this chapter, such preliminary treatment shall be at the sole expense of the owner of the premises, and shall be installed when the director determines that the same is necessary to comply with the standards prescribed. In such cases, all plans, specifications and other pertinent information relating to such proposed preliminary treatment facilities shall be submitted to the director prior to commencement of construction, and no construction thereof shall be commenced until the director’s approval is noted on the plan. In the event of such installations, they shall be maintained continuously in efficient operation by the owner at his own expense. (Ord. 534 Art. 5 § 27, 1977)

13.08.285 Construction specifications of service connection and side sewer pipe.

Service connection and side sewer pipe shall be constructed of asbestos-cement, cast iron, acrylonitrile-butadiene-styrene (ABS), or polyvinyl chloride (PVC) materials.

(1) Asbestos-cement pipe shall conform to ASTM Designation C428, Class 2400.

Rubber gaskets for asbestos-cement sewer pipe shall conform to the requirements of ASTM Designation D1869, rubber rings for asbestos-cement pipe.

(2) Cast iron pipe shall conform to AWWA C106 or C108 or ANSI Specification A21.6, with Type II push-on joint or Type III mechanical joints, manufactured in accordance with Federal Specification WW-P-421c.

The cast iron pipe shall be lined with 3/32-inch thin cement mortar and seal coated in accordance with ANSI Standard A21.4 and AWWA C104, except thickness of lining and except as otherwise specified in WW-P-421c.

Unless otherwise specified, the minimum thickness class for cast iron pipe shall be Class 22 for four-inch pipe, Class 21 for six-inch and Class 20 for eight-inch and larger for 21/45 iron strength, and for 18/40 iron strength the minimum acceptable thickness shall be Class 22 for pipes up to 12-inch diameter.

Rubber gaskets for cast iron shall conform to the requirements of ANSI A21.11.

(3) Cast Iron Soil Pipe. Cast iron soil pipe shall conform to ASTM A74, or CISPI 301 for service weight pipe. Jointing shall be by any of the following methods:

(A) Lead and oakum;

(B) Compression ring;

(4) PVC pipe shall conform with the provisions of ASTM D3034, Type PSM, SDR 35.

Rubber gaskets shall conform to the requirements of ASTM D1869.

(5) ABS pipe shall conform with the provisions of ASTM D2661-73. All fittings shall be factory-produced and shall be designed for installation on the pipe to be used. Fittings shall be of the same quality and material as the pipe used except that tees, wyes, and bends for use with asbestos-cement pipe may be cast iron.

The maximum deflection permissible at any one fitting shall not exceed 45 degrees, one-eighth bend. The maximum deflection of any combination of two adjacent fittings shall not exceed 45 degrees, one-eighth bend, unless straight pipe of not less than two and one-half feet in length be installed between such adjacent fittings or unless one of such fittings be a wye branch with a cleanout provided on the straight leg. (Ord. 534 Art. 5 § 28, 1977)

13.08.290 Cleanouts.

Not less than one cleanout shall be provided for each side sewer and/or each total change of 90 degrees of grade or alignment, except cleanout may not be required at the connection of the side sewer to a riser on the public sewer. A suitably located and accessible cleanout in the house piping or plumbing may be considered as a cleanout for the side sewer; otherwise a cleanout will be required at the connection of the service connection to the house drain and within 48 inches of the foundation walls.

Cleanouts shall be placed at intervals of not more than 100 feet in straight runs. Cleanouts in the line shall utilize a wye branch at the side sewer.

The extension of house sewer cleanouts to grade will be optional with the homeowner. When installed to grade, clean-outs shall be full side sewer diameter and shall be extended to a point not less than six inches nor more than 12 inches below the finished ground surface and shall be plugged with a removable stopper which will prevent passage of dirt or water. In roadways or paved area, the contractor shall install an approved casting to provide ready access to the cleanout stopper. A one-eighth bend shall be used to deflect the side sewer upward as a cleanout where the terminal end of the side sewer lies upstream from the last point of connection. (Ord. 534 Art. 5 § 29, 1977)

13.08.295 Connection of side sewer to main.

Side sewer shall be connected to a tee, wye or stubout from the main (where such is available) using approved fittings or adapters. In the event there is no suitable tee, wye or stubout, the side sewer contractor shall expose the city sewer main and prepare the excavation for safe work conditions. Upon 24 hours’ notification by the contractor, city sewer department personnel shall make a machine tap, of approximate size, into the sewer main and shall install an approved sewer saddle.

Great care shall be exercised by the contractor when excavating to expose or when backfilling the city sewer main and/or side sewer, and in the event of breakage of sewer main, the broken section shall be removed and replaced at no cost to the city. (Ord. 534 Art. 5 § 30, 1977)

13.08.300 Sewer saddles to be used on machine tap connections.

Sewer saddles shall be used on all machine tap connections and shall be cast iron with a mastic or rubber “O” ring seal and double straps as manufactured by Olympic Foundry Company or equal. For PVC main, tapping saddles may be solvent weld PVC saddles with double straps as manufactured by Johns-Manville or equal. All saddles shall be wye or tee pattern.

Grouting in a tee or wye is not permitted. (Ord. 534 Art. 5 § 31, 1977)

13.08.305 Grade of service connection lines – Covering for side sewers and service connections.

The minimum grade of all service connection lines shall be two percent, and the applicant for a service connection permit shall be responsible for determining that such grade is available between the building and the point of connection.

Side sewers and/or service connections shall be provided with a minimum of 18 inches cover on private property and 12 inches cover at ditch crossings.

No service connection line shall be laid under or within 30 inches of any building unless constructed of cast iron pipe, or encased within cast iron conduit. (Ord. 534 Art. 5 § 32, 1977)

13.08.310 When compliance with regulations impracticable – Special permit.

Where physical conditions render compliance with the foregoing provisions impracticable, the director may issue a special permit for installation of a side sewer requiring compliance with said provisions insofar as is reasonably possible, and such permit shall be issued only upon the condition that the permittee shall record with the county auditor an instrument acceptable to the director agreeing to save harmless and indemnify the city from any damage or injury resulting from such installation. A copy shall be furnished to the director for permanent filing with the approved permit. (Ord. 534 Art. 5 § 33, 1977)

13.08.315 Director to designate point of connection.

The service connection shall be connected to the public sewer at the point designated by the director. The city shall not be responsible for the accuracy of any plans or drawings showing existing public sewers, and the applicant for a service connection shall be responsible for verifying the location and elevation of any point of connection. (Ord. 534 Art. 5 § 34, 1977)

13.08.320 Trenches – Overexcavating.

The bottom of the trench must be smooth and free of large rocks which may injure the side sewer pipe. Where unsuitable bedding is found, as determined by the director, the side sewer contractor or other persons doing the work shall overexcavate and prepare a bedding as follows:

(1) Soft Foundation. Overexcavate as directed by the director and install one inch to two inches washed rock or one and one-half inches maximum size gravel properly graded to a point three inches below the pipe. From this point to the pipe, install sand bedding.

(2) Hard Foundation. Overexcavate a minimum of three inches and install a bedding of sand. (Ord. 534 Art. 5 § 35, 1977)

13.08.325 Laying of pipes – Specifications.

Each piece of pipe shall be laid with bells upgrade and the invert of the pipe to the alignment and grade specified. Concentric joints shall be closed and a smooth invert provided. Open ends of pipe or fittings shall be temporarily blocked, covered and sealed, when laying is not in progress. Variance from established grade shall not be greater than one-eighth inch. No water shall be allowed in the trench during pipe laying, joint making and as long thereafter as is necessary in the judgment of the director for the type of joint being used. (Ord. 534 Art. 5 § 36, 1977)

13.08.330 Bedding for conduits.

Bedding for flexible conduit (PVC) shall be worked under the pipe haunches and compacted the full length of the barrel to the crown of the pipe. A further six-inch lift of moderately compacted material shall be placed over the crown of the pipe.

Bedding for rigid conduit shall be placed and compacted under the lower quadrant of the pipe.

Selected bedding material as outlined above shall be hand-tamped in a moist condition under and around the wye and connection to the wye made so as to prevent any pressure on the wye. Care shall be taken to prevent the dislodging of this hand-tamped material during the balance of the backfill and water settling operation. (Ord. 534 Art. 5 § 37, 1977)

13.08.335 Backfill of trench.

Backfill of the trench shall be done in a manner which will prevent damage to the pipe. All backfill between the sewer main and private property line, where applicable, shall be mechanically tamped in a manner approved by the director. (Ord. 534 Art. 5 § 38, 1977)

13.08.340 Responsibilities of side sewer contractor.

It shall be the responsibility of the licensed side sewer contractor to cut the road surface, dig a trench, lay the pipe, make the connection to the wye, or other type fitting provided, backfill the trench and restore the roadway surfacing within the limits of any public thoroughfare or right-of-way. Such work shall be conducted in strict accordance with the rules and regulations of the agency having jurisdiction of the thoroughfare or right-of-way. In the event that the agency does not have specific rules or regulations regarding restoration of roadways, restoration shall be performed as described elsewhere in this chapter. If such agency requires a permit for such work, it shall be the responsibility of the permittee to obtain such permit and to pay all costs prior to the performance of any work.

On gravel roads the compacted backfill shall be brought up to within six inches of the finished surface. A layer of packing gravel shall then be applied to a compacted depth of six inches.

On asphalt concrete and portland cement concrete surfaced streets, backfill shall be compacted to 90 percent density up to a level below finished grade of the surfacing equal to the full depth of the existing surface treatment, plus six inches of packing gravel shall then be applied and compacted to the base of the existing surface treatment. The existing surface shall then be vertically cut so as to expose not less than 12 inches of undisturbed road base on each edge of the excavation. The surface of the excavation shall then be restored with like material to match the depth and material of the existing surfacing. All exposed vertical surface shall be cleaned and primed with suitable material to ensure bonding between old and new prior to the placement of new surfacing. Portland cement concrete shall be not less than standard six sack mix with maximum one-and-one-half inch aggregate. Asphaltic concrete shall be Class F not mix as specified by the Washington State Department of Highways. Crown of restored area shall not exceed one-fourth inch above finished grade and shall not depress below finished grade. Completed restoration shall be uniform with depressions, ridges or bumps. All restorations shall be warranted by contractor for one year after date of placement. (Ord. 534 Art. 5 § 39, 1977)

13.08.345 Barricades to be provided – Illumination required.

The side sewer contractor before beginning in a public area shall have at the site sufficient barricades to properly protect the work. The barricades shall be illuminated during the nighttime hours with the minimum of four flashing signals.

During the pipe laying operation, a ditch pump shall be available at the site. The contractor shall have stockpiled within the city and immediately available for use sufficient shoring to adequately protect workmen where unstable ground conditions are encountered, or as required by applicable laws, ordinances and regulations.

In addition to the foregoing provisions, the side sewer contractor shall comply with all laws, ordinances and regulations. (Ord. 534 Art. 5 § 40, 1977)

13.08.350 Single traffic lane to be maintained – Flagman to be utilized when.

The contractor shall maintain, as a minimum, a single, usable traffic lane while working in the public right-of-way. A flagman shall be utilized by the contractor at any time the right-of-way is obstructed. Approval of the director shall be obtained prior to the closure of any public street and the contractor shall notify the police department and fire department prior to effecting the closure. (Ord. 534 Art. 5 § 41(1), 1977)

13.08.355 Damage to existing utilities – Contractor responsibility.

The contractor is responsible for any damage done to existing utilities encountered during any excavation. The contractor shall notify each utility having underground services within the city and obtain clearance or locations prior to any excavation. (Ord. 534 Art. 5 § 41(2), 1977)

13.08.360 Testing of stub or branch from main to property line required.

The contractor or owner must test, by flushing or other means, the existing stub or branch from main to property line to see that it is in operative condition before connecting the sewer; and he will accept responsibility that the existing stub or branch is open and in an acceptable condition when completed. If the existing stub or branch is not found open and usable, notify the director. (Ord. 534 Art. 5 § 41(3), 1977)

13.08.365 Proximity of side sewer to water supply lines.

Any side sewer which at any point will lie within 10 feet of a water supply line shall be constructed so that it will be at least 12 inches in elevation below the water supply line, and not less than 36 inches distance horizontally from the water line. If this requirement will prohibit a connection of the side sewer, the contractor shall proceed under such method and with such materials as directed by the director.

Under circumstances where side sewers must cross over the water main, the sewer pipe shall cross at right angle to the water line; it shall be cast iron pipe with no joint within nine feet of the water main. (Ord. 534 Art. 5 § 41(4), 1977)

13.08.370 Plugs.

Any unused openings to the side sewer shall be closed with a watertight stopper fastened in place. (Ord. 534 Art. 5 § 41(5), 1977)

13.08.375 Side sewers not connected to a building – Location to be marked.

Location of side sewers not connected to a building shall be marked by the contractor at the property line with a two-by-four wooden stake extending from the invert to no more than two feet above ground surface. The exposed section shall be painted traffic white and the distance from the top of the stake to the invert indicated in black paint. In addition, a length of 12-gauge galvanized wire shall be provided to extend from the plugged end of the side sewer or tee. The upper end shall emerge at the stake, but shall not be fastened to it. (Ord. 534 Art. 5 § 41(6), 1977)

13.08.380 Side sewer not in compliance – Notice to owner.

When any side sewer is constructed, laid, connected or repaired, and does not comply with the provisions of this chapter, or where it is determined by the health officer or the director that a side sewer is obstructed, broken, or inadequate and is a menace to health, or is liable to cause damage to public or private property, the health officer or director shall give notice to the owner, agent or occupant of the property in which such condition exists and if he refuses to reconstruct, relay, reconnect, repair, or remove the obstruction of the side sewer within the time specified in such notice, the health officer shall so notify the director. The director will notify the owner that he is in violation of this chapter and will then take action under the provisions of this chapter. For the purpose of this section, “notification” shall mean depositing of notification in the United States Post Office to the owner of record or repute as indicated on the tax rolls of Grays Harbor County. (Ord. 534 Art. 5 § 41 (7), 1977)

13.08.385 Side sewers, service connections and drains to be inspected prior to being covered.

All side sewers, service connections, and house drains shall be inspected and approved by the director prior to being covered. (Ord. 534 Art. 6 § 1, 1977)

13.08.390 Director to be notified when work ready for inspection.

Any person performing under permit pursuant to the provisions of this chapter shall notify the director when the work will be ready for inspection and shall specify in such notification the location of the premises by address and the file number of the permit. The director shall make inspection within 48 hours after receipt of notice, excluding Saturday, Sunday or holidays. (Ord. 534 Art. 6 § 2, 1977)

13.08.395 Person performing work to meet director for inspection on premises.

In the case of a licensed side sewer contractor, either the contractor or competent representative shall be available to meet the director on the premises when so directed. If the work is being done by the property owner, he shall be available to meet the director on the premises when so directed. (Ord. 534 Art. 6 § 3, 1977)

13.08.400 Work or materials not in accordance with chapter – Replacement and correction – Reinspection.

If the director finds the work or materials used is not in accordance with this chapter, he shall notify the person doing the work and also the owner or occupant of the premises by conspicuously posting a written notice on the permit or nearby if the permit is not available and such posted notice shall be all the notice required to be given of the defects in the work or materials found in such inspection. All such material shall immediately be replaced and/or the work corrected, and a new inspection scheduled. (Ord. 534 Art. 6 § 4, 1977)

13.08.405 Backfilling – Restoration of public area.

All work within the limits of any public area shall be prosecuted to completion with due diligence, and if any excavation is left open and beyond a time reasonably necessary to fill the same, the director may cause the same to be backfilled and the public area restored forthwith. All work shall be at the expense of the permittee. (Ord. 534 Art. 6 § 5, 1977)

13.08.410 Noncompliance of work – Menace to health – Condition to be corrected.

If any work done under a permit granted as provided herein is not done in accordance with the provisions of this chapter and the plan and specification as approved by the city, or when any side sewer is constructed, laid, connected or repaired and does not comply with the provisions of this chapter, or where it is determined by the health officer or the director that a side sewer is obstructed, broken, or inadequate and is a menace to health or is liable to cause damage to either public or private property, or WMC 13.08.405 is violated, then a notice shall be given by the health officer or director, to the contractor, owner or person doing the work, as the case may be, and a copy of the notice shall be posted on the premises. The contractor, owner, or the person doing the work or whoever is legally responsible for the existing condition shall immediately correct the condition. (Ord. 534 Art. 6 § 6, 1977)

13.08.415 Permanent town record of completed and approved work.

Upon the completion of construction and approval by the director, the director shall prepare for permanent town record a copy of the permit showing the actual construction of the side sewer as well as all other data required by the form. This record shall be for permanent record and shall be filed in an appropriate place. (Ord. 534 Art. 6 § 7, 1977)

13.08.420 Testing of side sewers after backfill.

All side sewers shall be tested after backfill. All other side sewers constructed in conjunction with the main sewer shall have a test tee placed at the point where the side sewer connects to the city-owned sewer system. The tee opening shall be positioned perpendicular to the side sewer slope unless otherwise directed by the director. When a service connection is installed simultaneously with a side sewer, the test tee shall be located in the first pipe out of the main sewer, so the entire line can be tested.

The ends of side sewers or test tee openings, as required, shall be plugged airtight with materials and by methods acceptable to the director. (Ord. 534 Art. 6 § 8, 1977)

13.08.425 Contractor to furnish materials for testing.

The contractor shall furnish all equipment, materials arid labor necessary for testing. Testing shall be conducted in the presence of the director or his authorized assistant. Any side sewer and/or service connection failing to meet the test requirements shall be repaired and retested. (Ord. 534 Art. 6 § 9, 1977)

13.08.430 Method of testing.

Side sewers and service connections shall be air or water tested in accordance with one of the following methods as directed by the director.

(1) Water Exfilteration Method. Leakage shall be no more than 1.6 gallons per hour per 100 feet of pipe with a minimum test pressure of six feet of water column above the crown at the upper end of the pipe or above the active groundwater table, whichever is higher, as determined by the director.

(2) Air Pressure Drop Method. The time required for the internal air pressure to drop from 3.5 psig to 2.5 psig shall not exceed the test time as determined by the formula:

t = 0.011d2L

Where t is the calculated test time in seconds for air-permeable pipe; d is the pipe diameter in inches; L is the pipe length in feet.

All gauge pressures in the test shall be increased by the amount of groundwater pressure at the center of the pipe. The minimum test time for non-air-permeable pipe, such as PVC and cast iron, shall be twice the time as calculated by the above formula.

(3) Air Constant Pressure Method. The amount of air required to maintain 3.0 psig internal pressure shall not exceed the following rates:

4" pipe – 0.00314 cfm per foot of pipe

6" pipe – 0.00471 cfm per foot of pipe

All gauge pressures in the test shall be increased by the amount of groundwater pressure at the center of the pipe. The allowable rate of air loss for non-air-permeable pipe shall be one-fourth of that as listed above. (Ord. 534 Art. 6 § 10, 1977)

13.08.435 Inspection or testing at time other than normal working hours.

If it is determined necessary by the contractor or the director that inspection or testing of a service connection is required at a time other than during normal working hours, the contractor shall be charged and shall pay all costs to the city occasioned by such inspection and/or testing. (Ord. 534 Art. 6 § 11, 1977)

13.08.440 Sewer service charge.

A sewer charge shall be made to the owner of each lot or parcel within the city on which is situated a building or structure, with sanitary facilities, capable of being served and which is within 200 feet of a public sewer or which is in fact connected to the public sewer. (Ord. 534 Art. 7 § 1, 1977)

13.08.445 Sewer service charge – Adequate revenue for expenses.

This sewer service charge shall provide adequate revenue to offset the expenses incurred in the operation and maintenance of the sewer system and wastewater treatment plant and to provide a sewer construction fund for subsequent improvements and replacements as determined by the city council. (Ord. 534 Art. 7 § 2, 1977)

13.08.450 Sewer service charge – Monthly billing.

The sewer service charge shall be billed monthly. (Ord. 534 Art. 7 § 3, 1977)

13.08.452 Property owner responsibility.

Property with city services, including, but not limited to, water, sewer and/or garbage, shall have those services registered in the name of and be the responsibility of the party owning the property being served. (Ord. 1124, 1997)

13.08.455 Residential sewer charge.

(1) Definitions. For the purpose of this section:

(A) “Condominium dwelling unit” means a unit, established under the Horizontal Regimes Act of the state of Washington, owned separately from any other unit within the same building, if any, and where the lot on which the building is located is owned in common by all dwelling unit owners, and greater than 450 total square feet.

(B) “Condominium nondwelling unit” means a unit, established under the “Horizontal Regimes Act of the State of Washington,” owned separately from any other unit within the same building, if any, and where the lot on which the building is located is owned in common by all nondwelling unit owners, and equal to or less than 450 total square feet.

(C) For multi-unit condominium developments served by a single water meter, regardless of whether all units are contained in a single structure or multiple structures, the public works director shall determine a single classification for billing purposes. The director shall determine the appropriate classification based on one of the following methods:

(i) If 90 percent of the individual units are above the square footage explained above, then the development shall be classified as a condominium dwelling unit for billing purposes. If 90 percent of the individual units are below the square footage explained above, then the development shall be classified as a condominium nondwelling unit for billing purposes.

(ii) In any circumstance where the director feels the above method is not the best method for determining the classification, the director may take an average square footage of all of the units and apply that to the thresholds above. This is not intended to allow the classification of large units that are equivalent to a single-family residence as nondwelling units by averaging them in with one or more very small units to bring the average below the threshold.

(2) Monthly Residential Sewer Service Charge.

(A) Effective April 16, 2017, the monthly residential sewer service charge shall be $61.75 per residential unit and increase seven percent for the next four years on February 16th; provided, however, that heads of household who are over the age of 62 years or disabled and meet the requirements set forth by the city council of the city of Westport shall pay $49.40 per residential unit and increase seven percent for the next four years. Condominiums, as defined in WMC 17.08.020, shall pay the residential sewer service charge for each unit. The increase scheduled to begin on April 16, 2021, shall not go into effect and effective August 16, 2021, the rate shall increase three percent.

(B) Effective April 16, 2017, the monthly residential sewer service charge shall be $61.75 per residential unit for condominium dwelling units, as defined in this section, and increase seven percent for the next four years on April 16th. The monthly residential sewer service charge shall be $18.52 per residential unit for condominium nondwelling units as defined in this section, and increase seven percent for the next four years on April 16th. The increase scheduled to begin on April 16, 2021, shall not go into effect and effective August 16, 2021, the rate shall increase three percent.

(3) Multifamily Unit Charge.

(A) Effective April 16, 2017, multifamily per unit charge shall be $37.42 per month, and increase seven percent for the next four years on April 16th. The increase scheduled to begin on April 16, 2021, shall not go into effect and effective August 16, 2021, the rate shall increase three percent. (Ord. 1655, 2021; Ord. 1600, 2017; Ord. 1545, 2013; Ord. 1526, 2012; Ord. 1509, 2011; Ord. 1490, 2010; Ord. 1440 § 1, 2008; Ord. 1425 §§ 1, 2, 5, 6, 2007; Ord. 1349 § 1, 2004; Ord. 1279 § 1, 2003; Ord. 1259 § 1, 2002; Ord. 1171 § 1, 1998; Ord. 1133 § 1, 1997; Ord. 1123 § 1, 1997; Ord. 1072 § 1, 1996; Ord. 886 § 1, 1991; Ord. 869 § 1, 1991; Ord. 834 § 1, 1988; Ord. 676 § 1, 1981; Ord. 534 Art. 7 § 4, 1977)

13.08.460 Commercial sewer charge.

(1) Commercial Sewer Charge.

(A) Effective April 16, 2017, the monthly commercial sewer service charge shall be $61.75 minimum and increase seven percent for the next four years on April 16th, plus an additional charge of $4.90 per 100 cubic feet of water usage in excess of 700 cubic feet per month of that over the minimum water service charge as determined by the city based upon the applicable water rate ordinance. The increase scheduled to begin on April, 16, 2021, shall not go into effect and effective August 16, 2021, the rate shall increase three percent. If it can be shown that a considerable amount of the water used is not automatically discharged into the sanitary sewer, an acceptable sewage meter may be installed at the owner’s expense and an adjustment will be made to the sewer charge based on water usage.

(2) Residential and commercial users of the city’s sanitary sewer that are not located within the city limits of the city of Westport shall be charged at a rate equal to one and six-tenths times the corresponding rate applicable to customers located within the city limits. (Ord. 1655, 2021; Ord. 1600, 2017; Ord. 1545, 2013; Ord. 1526, 2012; Ord. 1509, 2011; Ord. 1490, 2010; Ord. 1425 §§ 3, 4, 7, 2007; Ord. 1349 §§ 2, 3, 2004; Ord. 1279 §§ 2, 3, 2003; Ord. 1259 §§ 2, 3, 2002; Ord. 1171 §§ 2, 3, 1998; Ord. 1133 §§ 2, 3, 1997; Ord. 1072 §§ 2, 3, 1996; Ord. 886 § 2, 1991; Ord. 869 §§ 2, 3, 1991; Ord. 834 § 2, 1988; Ord. 676 § 2, 1981; Ord. 534 Art. 7 § 5, 1977)

13.08.465 Effective date of sewer service charges.

Sewer service charges shall become effective the date the private sewer service connection is made to the public sewer at the mains or 90 days after official notice is given to connect to the side sewer. (Ord. 534 Art. 7 § 6, 1977)

13.08.470 Payment of sewer charges.

Payment of sewer charges shall become due on the date of billing and shall become delinquent 20 days from the date of billing. (Ord. 534 Art. 7 § 7, 1977)

13.08.475 Delinquent sewer charges – Notice – Lien against property.

Ten days after a sewer charge becomes delinquent, the city treasurer will notify the delinquent user of record that his sewer charges are delinquent. If payment of the delinquent charges has not been made within five days of the date of the delinquent notice, all city services to that property shall be terminated and the delinquent sewer charge shall become a lien against the property. (Ord. 534 Art. 7 § 8, 1977)

13.08.480 Delinquent sewer charges – Reestablishment of service.

City service shall not be reestablished to the property until such time as all outstanding city service charges have been paid in full. (Ord. 534 Art. 7 § 9, 1977)

13.08.485 City council action on inequitable or improper charges.

The city council will review and act upon all claims brought before it concerning inequitable or improper charges. The action taken by the city council is final. (Ord. 534 Art. 7 § 10, 1977)

13.08.490 Protection from damage.

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 works. Any person violating this provision shall be subject to immediate arrest under charge of disorderly conduct. (Ord. 534 Art. 8 § 1, 1977)

13.08.495 Right of entry of inspectors – No authority to inquire into industrial processes.

The director and other duly authorized employees of the city 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. The director 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. 534 Art. 9 § 1 1977)

13.08.500 Director and authorized employees to observe safety rules.

While performing the necessary work on private properties referred to in WMC 13.08.505, the 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. (Ord. 534 Art. 9 § 2, 1977)

13.08.505 Authority of city employees to enter private property through which city holds easement.

The 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 purposes of, but 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 the easement shall be done in full accordance with the terms of the duly negotiated easement pertaining to the private property involved. (Ord. 534 Art. 9 § 3, 1977)

13.08.510 Director may make rules and regulations.

The director may make rules and regulations and amend the same from time to time, as he shall deem necessary and convenient to carry out the provisions of this chapter. (Ord. 534 Art. 9 § 4, 1977)

13.08.515 Installation of extensions through LID – Alternate method.

Areas which do not have public sanitary sewers installed shall generally install extensions to the sanitary sewer through local improvement districts (LIDs). However, whenever this method is not feasible or desirable, one of the following methods will apply:

(1) Where all property affected is under one ownership, extensions may be made by that owner (to standards set up by the director) with the approval of the city council. Upon completion of the construction, the city may accept the extension as a public sanitary sewer and shall then assume ownership of the entire system complete with all pipe, manholes and other appurtenances except individual service connections including all right-of-way, easements, etc., necessary for maintenance, repair or replacement. All costs shall be paid by the owner and the owner shall pay a hook-on charge to the city in an amount adequate to cover all city expenses incurred in the inspection, testing, administration, engineering and any other applicable charges. The owner/developer shall furnish the director a certified and notarized copy of all costs incurred in the construction of the sewer extension and a map showing the specific property benefitted by the sewer installation.

(2) Where nonparticipating property is included within the benefiting area, the owner or developer may install an extension to the sanitary sewer system (to standards set by the director) with the approval of the city council. Upon completion of construction, the city may accept the extension as a public sanitary sewer and shall then assume ownership of the entire system complete with all pipes, manholes and other appurtenances, except individual service connections, including all rights-of-way, easements, etc., necessary for maintenance, repair or replacement. All costs shall be paid by the owner or developer requesting the extension and the owner/developer shall pay a hook-on charge to the city in an amount adequate to cover all city expenses incurred in the inspection, testing, administration, engineering and any other applicable charges. The owner/developer shall furnish the director a complete set of “as-built” drawings and a certified and notarized copy of all costs incurred in the construction of the sewer extension and a map showing the specific properties benefited by the construction and those properties classed as participating properties. The owner/developer may seek reimbursement of costs by nonparticipating properties through the establishment of a latecomer agreement in accordance with Chapter 13.18 WMC. (Ord. 1482 § 2, 2010; Ord. 839, 1989; Ord. 534 Art. 10 § 1, 1977)

13.08.530 Property outside city boundaries – Connection to sewer system permission only.

Property located outside the boundaries of the city may be permitted to connect into the city sewer system only by the approval of the city council and under such conditions, terms and charges that are established by the city council at the time of the request. (Ord. 534 Art. 10 § 4, 1977)

13.08.535 Condition of approval for connection – City not responsible.

As a condition for approval of a connection to and subsequent use of the city sewage system, the property owner agrees that the city, its employees and/or agents shall not be held responsible for any damage to private property caused by the breaking, bursting, collapse, stoppage or interruption of the sewer system to any property except that occasioned by gross negligence. In addition thereto, the city, its employees and/or agents shall not be held responsible for any damage to property occasioned by maintenance activities of the city sewer system. (Ord. 534 Art. 11 § 1, 1977)

13.08.540 Sewer current fund.

There is established a sewer current fund for the purpose of receiving and expending funds associated with the operation and maintenance of the city sewer facilities. (Ord. 534 Art. 12 § 1, 1977)

13.08.545 Sewer construction fund.

There is established a sewer construction fund for the purpose of receiving and expending funds associated with the improvement of the city sewer facilities. (Ord. 534 Art. 12 § 2, 1977)

13.08.550 Sewer reserve fund.

There is established a sewer reserve fund for the purpose of receiving and expending funds associated with the bonded indebtedness of the city sewer facility. (Ord. 534 Art. 12 § 3, 1977)

13.08.555 Violation – Notice – Time limit to correct.

Any person found to be violating any provision of this chapter, except WMC 13.08.490, shall be served by the city with written notice stating the nature of the violation and providing a reasonable time limit for the satisfactory correction thereof. The offender shall, within the period of time stated in such notice, permanently cease all violation. (Ord. 534 Art. 13 § 1, 1977)

13.08.560 Violation – Penalty.

Any person who shall continue any violation beyond the time limit provided for in WMC 13.08.515 shall be guilty of a misdemeanor, and on conviction thereof shall be fined in the amount not exceeding $300.00 and not less than $10.00 for each violation. Each day in which any such violation shall continue shall be deemed a separate offense. (Ord. 534 Art. 13 § 2, 1977)

13.08.565 Violation – Liability to city.

Any person violating any of the provisions of this chapter shall become liable to the city for any expense, loss, or damage occasioned the city by reason of such violation. (Ord. 534 Art. 13 § 3, 1977)