Chapter 13.15
SEWER AND WATER COMPREHENSIVE PLANS

Sections:

13.15.010    Purpose.

13.15.020    Repealed.

13.15.030    Water and sewer system comprehensive plans.

13.15.040    Exemption from Council approval of Group B water systems.

13.15.050    Public sewer service.

13.15.060    Comprehensive plans – Modification of requirements.

13.15.070    Comprehensive plans – Approval requirements.

13.15.080    Comprehensive plans – Environmental review.

13.15.090    Certificates of water availability.

13.15.100    On-site sewage treatment and disposal systems in the City.

13.15.110    Interim alternative water service.

13.15.010 Purpose.

The purpose of this chapter is to accomplish the following:

(1) Assure that sewer and water system comprehensive plans are consistent with adopted City plans, policies and land use controls;

(2) Provide information to assist in the preparation of future City plans and policies;

(3) Provide information to assist in the review of new development proposals and right-of-way construction permits; and

(4) Fulfill the City’s responsibilities set forth in the Revised Code of Washington and Washington Administrative Code. (Ord. 13-09 § 6; Ord. 39-02 § 2 (13.24.005))

13.15.020 Definitions.

Repealed by Ord. 13-09. (Ord. 39-02 § 2 (13.24.007))

13.15.030 Water and sewer system comprehensive plans.

(1) Comprehensive plans for water and sewer districts or any other public or private entities that distribute or obtain water or provide sewer collection or treatment in the City of Covington shall be adopted by each such entity and approved by the City Council as a prerequisite for the following:

(a) Operating in the City;

(b) Approval of annexation proposals;

(c) Granting of new right-of-way franchises and right-of-way franchise renewals; and

(d) Approval of right-of-way construction permits, except for emergency permits issued under the provisions of CMC 12.65.055.

(2) Except as provided in CMC 13.15.040, such plans shall be reviewed by Director of Public Works prior to submission to the City Council for approval.

(3) Only plans consistent with the adopted comprehensive plan shall be approved. The infrastructure system for the existing service area, and for the area anticipated to be served in the future, shall be based on the adopted land use map of the comprehensive plan.

(4) A new, fully updated plan shall be submitted every six years, or in conformance with the cycle of updates required by the State Department of Health or Department of Ecology, whichever is sooner, except that water comprehensive plans shall not be required for Group A water systems that are not expanding public water systems as defined in WAC 246-290-010.

(5) The City may require an updated plan, plan amendment, or other documentation whenever conditions for water or sewer availability have changed significantly within a water or sewer utility service area. Water and sewer utilities required to plan under this chapter shall promptly notify the City of any significant changes affecting service provision.

(6) Water and sewer comprehensive plans shall include information sufficient to demonstrate the ability to provide service consistent with the requirements of all applicable statutes, codes, rules and regulations.

(7) Water comprehensive plans shall be consistent with the planning criteria identified by the State Department of Health in its “Water System Planning Handbook” or its successor document.

(8) Sewer comprehensive plans shall be consistent with WAC 173-240-050. In addition, the plans shall discuss the following:

(a) Existing and planned flows, both average and peak; and

(b) Existing and planned flows for any basin discharging into King County’s sewage conveyance and treatment system; and

(c) Amounts of inflow and infiltration to the system, a comparison of those amounts with City of Covington’s 1,100 gallons per acre per day standard, and steps being taken to reduce the inflow and infiltration; and

(d) Areas of concern with respect to corrosion and odor control and steps being taken to reduce their occurrence. (Amended at request of department 2/08; Ord. 39-02 § 2 (13.24.010))

13.15.040 Exemption from Council approval of Group B water systems.

As provided by Chapter 43.20 RCW, Chapter 246-291 WAC and Title 12 of the Seattle-King County Board of Health regulations, plans for Group B water systems in the City shall be reviewed and approved by the Seattle-King County Health Department. Plans for Group B water systems shall not require approval of the City Council pursuant to this chapter unless a right-of-way construction permit is required. (Ord. 39-02 § 2 (13.24.015))

13.15.050 Public sewer service.

(1) All development within the City shall be served by public sewer service except on-site sewage systems may be allowed temporarily in some parts of the urban growth area in accordance with CMC 13.15.100.

(2) Sewer extensions under subsections of this section shall be approved by the Council, if it is determined that the extension meets the criteria in this section and is consistent with all other adopted City of Covington policies and regulations.

(3) The required elements of a sewerage general plan in RCW 36.94.010(3) are included in the City of Covington comprehensive plan. (Ord. 39-02 § 2 (13.24.035))

13.15.060 Comprehensive plans – Modification of requirements.

For the purpose of satisfying CMC 13.15.030, a sewer comprehensive plan covering a subarea of a sewer district or any other public or private provider of sewage services shall be eligible for consideration; provided, that it:

(1) Covers a system of sewer facilities, existing or proposed, having no connection to any other portion of the utility’s system and discharging directly into a King County wastewater treatment or conveyance facility;

(2) Contains the required plan elements as applied to conditions within the subarea only; and

(3) Satisfies the consistency requirements of CMC 13.15.070. (Ord. 39-02 § 2 (13.24.050))

13.15.070 Comprehensive plans – Approval requirements.

Comprehensive plans approved by the City shall be consistent with the following:

(1) Chapter 15.20 CMC relating to the installation of fire hydrants and water mains;

(2) State and local health standards;

(3) The creation and maintenance of logical service areas consistent with the relevant coordinated water system plan, Chapter 70.116 RCW;

(4) The elimination or prevention, or both, of duplicate facilities;

(5) The promotion of the most reliable and healthful service to the public;

(6) The provision of service at a reasonable cost and maximization of the use of existing public facilities;

(7) The reduction of the number of entities providing sewer and/or water service in the City;

(8) City comprehensive plan and other pertinent City adopted plans and policies;

(9) Coordinated water system plans, Chapter 70.116 RCW;

(10) The basin wide water plan, sewerage plan or water and sewerage plan, when approved by the State Department of Ecology and the State Department of Health;

(11) Applicable State water quality and waste management standards;

(12) The State Water Resources Act, Chapter 90.54 RCW;

(13) The State Growth Management Act;

(14) Adopted groundwater management plans pursuant to RCW 90.44.400 and Chapter 173-100 WAC; and

(15) Adopted habitat conservation plans developed pursuant to the Endangered Species Act. (Ord. 39-02 § 2 (13.24.060))

13.15.080 Comprehensive plans – Environmental review.

Each plan submitted by a public agency for City review shall be accompanied by one copy of the documentation required by Chapter 197-10 WAC, as follows:

(1) A statement explaining the basis of categorical exemption from State Environmental Policy Act requirements;

(2) An environmental assessment, together with the agency’s threshold determination; or

(3) An environmental impact statement. (Ord. 39-02 § 2 (13.24.070))

13.15.090 Certificates of water availability.

The issuance of a certificate of water availability by a water utility is required to document that adequate water service is available to proposed development projects within the City. Certificates of water availability shall document that the water utility’s service capability is adequate for the proposed development consistent with criteria or standards of the Department of Health, Department of Ecology, and the Seattle-King County Health Department, as appropriate to the development. The City will not accept a certificate of water availability if information provided on the certificate is not complete or not consistent with this title. (Ord. 13-09 § 8; Ord. 39-02 § 2 (13.24.120))

13.15.100 On-site sewage treatment and disposal systems in the City.

On-site sewage treatment and disposal systems shall be permitted in the City only for single-family residences on an interim basis and only as follows:

(1) For individual lots, the Director of the Department of Public Works may authorize individual on-site sewage treatment and disposal systems given the following findings:

(a) Application of the requirement of CMC 13.15.050, that all development in the City be served by public sewers, would deny all reasonable use of an individual lot;

(b) The applicant has submitted a certificate of sewer availability from the most logical sewer utility accompanied by a letter that demonstrates to the satisfaction of the Director that the requirement to receive public sewer service from the utility is unreasonable or infeasible at the time of construction;

(c) The applicant has provided a certificate of future connection from the appropriate utility that certifies that an irrevocable agreement has been entered into with the utility providing that the property shall be connected to public sewers upon availability of such sewers and that the property owner shall pay all costs of connection to the sewer and connection of the roof drainage either to the abandoned on-site sewage drain field or to septic tank only if completely cleaned out prior to connection. This certificate shall stipulate that the applicant and the applicant’s successors in interest agree to participate in and not protest the formation of a utility local improvement district or local improvement district or utility project that is designed to provide public sewer services to the property. This certificate shall be recorded in the real property records of King County and shall be a permanent condition on the property running with the land until such time as the costs for connection are fully paid to the utility;

(d) The abandoned on-site sewage system shall be connected to receive all rooftop runoff once the property is connected to the public sewer; or

(2) For a parcel that has a vested land use application for the redevelopment or expansion of an existing use, the Director of the Department of Public Works may authorize on-site sewage treatment and disposal systems given the following findings:

(a) The applicant provides an agreement, binding on the applicant and the applicant’s successors, that the property shall be connected to public sewers upon availability of such sewers within 200 feet of the property, that the property owner shall pay all costs of connection to the sewer, and that applicant agrees to participate in and not protest the formation of a utility local improvement district or local improvement district or utility project that is designed to provide public sewer services to the property. This certificate shall be recorded in the real property records of King County and shall be a permanent condition on the property running with the land until such time as the costs for connection are fully paid to the utility;

(3) The applicant has received approval for an on-site sewage treatment and disposal system design from the Seattle-King County Department of Public Health in accordance with the rules and regulations of the King County Board of Health, and this chapter. (Amended at request of department 2/08; Ord. 39-02 § 2 (13.24.136))

13.15.110 Interim alternative water service.

All development in the urban growth area may be served by the appropriate existing Group A water purveyor. Alternative water service shall be permitted on an interim basis only, as follows:

(1) For individual lots, the Director of the Department of Public Works may authorize interim water service from an existing Group B public water purveyor or the development of an individual well given the following findings:

(a) The applicant has submitted a certificate of water availability from the appropriate Group A water purveyor accompanied by a letter from the same purveyor which demonstrates to the satisfaction of the Director that the requirement to receive water service from the purveyor is unreasonable or infeasible at the time of construction, which means service cannot be provided in a timely and reasonable manner in accordance with RCW 70.116.060 (3)(b);

(b) The applicant has received a water availability certificate from an existing Group B public water purveyor or has received preapplication approval for connection to a private well from the Seattle-King County Department of Public Health in accordance with the rules and regulations of King County Board of Health;

(c) The applicant has provided a certificate of future connection from the appropriate Group A water purveyor which certifies that an irrevocable agreement has been entered into with the purveyor providing that the property shall be connected to the purveyor’s water system upon availability of such water service and that the property owner shall pay all costs of connection. This certificate shall stipulate that the applicant and his grantees agree to participate in and not protest the formation of a utility local improvement district (ULID) or local improvement district (LID) or utility purveyor project that is designed to provide public water services to the property. This certificate shall be recorded in the real property records of King County and shall be a permanent condition on the property running with the land until such time as the costs for connection are fully paid to the purveyor; and

(d) Application of the standards of this division would otherwise preclude reasonable use of the property.

(2) For subdivisions and short subdivisions, interim water service from a new or existing Group B public water system may be approved as follows:

(a) The applicant has received approval for the creation of a new Group B public system in accordance with the applicable coordinated water system plan, if any, or the applicant has received a water availability certificate from an existing Group B public water system; and

(b) The Director of the Department of Public Works makes the following findings:

(i) The applicant has provided a certificate of future connection from the appropriate Group A water purveyor which certifies that an irrevocable agreement has been entered into with the purveyor providing that the property shall be connected to the purveyor’s water system upon availability of such water service and that the property owner shall pay all costs of connection. This certificate shall stipulate that the applicant and his grantees agree to participate in and not protest the formation of a utility local improvement district (ULID) or local improvement district (LID) or utility purveyor project that is designed to provide public water services to the property. This certificate shall be recorded in the real property records of King County and shall be a permanent condition on the property running with the land until such time as the costs for connection are fully paid to the purveyor;

(ii) A new Group B public water system formed in the planning area of an existing water purveyor as identified in a coordinated water system plan shall be operated through satellite system management; and

(iii) Any new Group B public water system shall be built to the design standards of the appropriate Group A water purveyor to which it will be eventually connected.

(3) Either existing wells or Group B water systems, or both, may serve the lots that the systems are ultimately designed to serve and shall be managed in compliance with applicable health regulations. (Amended at request of department 2/08; Ord. 39-02 § 2 (13.24.140))