Chapter 13.08
SEWER SYSTEM

Sections:

Article I. Definitions

13.08.010    Definitions.

13.08.015    BOD.

13.08.020    Building drain.

13.08.025    Building sewer.

13.08.030    Combined sewer.

13.08.035    Garbage.

13.08.040    Grease interceptor/trap.

13.08.045    Industrial wastes.

13.08.050    Natural outlet.

13.08.055    pH.

13.08.060    Properly shredded garbage.

13.08.065    Slug.

13.08.070    Suspended solids.

Article II. Use of Public Sewers

13.08.200    Deposit of objectionable waste.

13.08.205    Discharge of polluted waters.

13.08.210    Construction of sewage-disposal facility.

13.08.215    Toilet facilities and connection to available sewer.

13.08.220    Proximity of areas of public use to sewer.

13.08.225    Failure to make required connection.

13.08.230    Assessment of sewer charges.

13.08.235    Unpolluted waters – Discharge to sewer.

13.08.240    Unpolluted waters – Proper discharge.

13.08.245    Prohibited discharges to sewer.

13.08.250    Restricted discharges – Enumerated.

13.08.255    Restricted discharges – Rejection – Conditions to acceptance.

13.08.260    Fat, oil, grease, and grit removal.

13.08.265    Control manhole and meter.

13.08.270    Measurements, tests and analyses.

13.08.275    Special agreements to accept wastes.

Article III. Private Sewage Disposal

13.08.310    Permitted use of on-site septic systems.

13.08.315    Deferral of connection to city sewer.

13.08.320    Abandoning on-site septic systems.

Article IV. Building Sewers and Connections

13.08.400    Permit – Required.

13.08.410    Permits – Classes – Application – Fees.

13.08.411    Outside city limit connection.

13.08.420    Cost and expense – Indemnification of city.

13.08.430    Separate sewers for separate buildings.

13.08.440    Old building sewers with new buildings.

13.08.450    Building sewer construction generally.

13.08.460    Elevation at building.

13.08.470    Drainage connections.

13.08.480    Inspection and connection of building sewer.

13.08.490    Work to be open for inspection.

13.08.491    Excavation safety measures.

13.08.492    Traps and vents – City to make connection.

13.08.493    Main extensions.

13.08.494    Public sewer extensions by local improvement districts.

13.08.495    Reimbursement.

13.08.496    Maintenance, repair and replacement.

Article V. Rates and Charges

13.08.510    Rates and charges.

13.08.520    Reserved.

13.08.521    Reserved.

13.08.522    Reserved.

13.08.523    Reserved.

13.08.530    Reserved.

13.08.540    Special charges for burdens on system.

13.08.550    Charges constitute lien.

Article VI. Miscellaneous Provisions

13.08.610    Combination of water and sewer departments.

13.08.620    Damage to sewage works.

Article VII. Powers and Authority of Inspectors

13.08.710    Right of entry – Inquiries limited.

13.08.730    Right of entry to easements.

Article VIII. Violations

13.08.810    Violations.

Prior legislation: Prior code §§ 8-401(H), 8-401(K) – (M), 8-401(O) and (P), 8-401(S), (T) and (V) and 8-408(B) and (D).

Article I. Definitions

13.08.010 Definitions.

Unless the context specifically indicates otherwise, the meanings of terms used in this chapter shall be as set forth in this article. (Ord. 2909 § 7 (Att. F), 2018; Ord. 1532, 1979; prior code § 8-401)

13.08.015 BOD.

“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 Celsius, expressed in parts per million by weight. (Ord. 2909 § 7 (Att. F), 2018; Ord. 1532, 1979; prior code § 8-401(A). Formerly 13.08.020)

13.08.020 Building drain.

“Building drain” means that part of the lowest horizontal piping of a drainage system which receives the discharge from soil, waste and other drainage pipes inside the walls of the building and conveys it to the building sewer, beginning five feet (1.5 meters) outside the inner face of the building wall. (Ord. 2909 § 7 (Att. F), 2018; Ord. 1532, 1979; prior code § 8-401(B). Formerly 13.08.030)

13.08.025 Building sewer.

“Building sewer” means the extension from the building drain to the public sewer or other place of disposal. (Ord. 2909 § 7 (Att. F), 2018; Ord. 1532, 1979; prior code § 8-401(C). Formerly 13.08.040)

13.08.030 Combined sewer.

“Combined sewer” means a sewer receiving both surface runoff and sewage. (Ord. 2909 § 7 (Att. F), 2018; Ord. 1532, 1979; prior code § 8-401(D). Formerly 13.08.050)

13.08.035 Garbage.

“Garbage” means solid wastes from the domestic and commercial preparation, cooking and dispensing of food, and from handling, storage and sale of produce. (Ord. 2909 § 7 (Att. F), 2018; Ord. 1532, 1979; prior code § 8-401(E). Formerly 13.08.070)

13.08.040 Grease interceptor/trap.

“Grease interceptor” or “grease trap” shall mean a watertight receptacle utilized by commercial or industrial generators of liquid waste to intercept, collect, and restrict the passage of grease and food particles into the public wastewater system to which the receptacle is directly or indirectly connected, and to separate and retain grease and food particles from the wastewater discharged by a facility. (Ord. 2909 § 7 (Att. F), 2018; Ord. 2572 § 1, 2004. Formerly 13.08.075)

13.08.045 Industrial wastes.

“Industrial wastes” means the liquid wastes from industrial manufacturing processes, trade or business as distinct from sanitary sewage. (Ord. 2909 § 7 (Att. F), 2018; Ord. 1532, 1979; prior code § 8-401(F). Formerly 13.08.080)

13.08.050 Natural outlet.

“Natural outlet” means any outlet into a watercourse, pond, ditch, lake or other body of surface water or groundwater. (Ord. 2909 § 7 (Att. F), 2018; Ord. 1532, 1979; prior code § 8-401(G). Formerly 13.08.090)

13.08.055 pH.

“pH” means the logarithm of the reciprocal of the weight of hydrogen ions in grams per liter of solution. (Ord. 2909 § 7 (Att. F), 2018; Ord. 1532, 1979; prior code § 8-401(I). Formerly 13.08.110)

13.08.060 Properly shredded garbage.

“Properly shredded garbage” means the wastes from the preparation, cooking and dispensing of food that have been shredded to such a degree that all particles will be carried freely under the flow conditions normally prevailing in public sewers, with no particle greater than one-half inch (1.27 centimeters) in any dimension. (Ord. 2909 § 7 (Att. F), 2018; Ord. 1532, 1979; prior code § 8-401(J). Formerly 13.08.120)

13.08.065 Slug.

“Slug” means any discharge of water, sewage or industrial waste which, in concentration of any given constituent or in quantity of flow, exceeds for any period of duration longer than 15 minutes more than five times the average 24-hour concentration of flows during normal operation. (Ord. 2909 § 7 (Att. F), 2018; Ord. 1532, 1979; prior code § 8-401(R). Formerly 13.08.190)

13.08.070 Suspended solids.

“Suspended solids” means solids that either float on the surface of or are suspended in water, sewage or other liquids, and which are removable by laboratory filtering. (Ord. 2909 § 7 (Att. F), 2018; Ord. 1532, 1979; prior code § 8-401(U). Formerly 13.08.210)

Article II. Use of Public Sewers

13.08.200 Deposit of objectionable waste.

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 excrement, garbage or other objectionable waste. (Ord. 2909 § 7 (Att. F), 2018; Ord. 1532, 1979; prior code § 8-402(A). Formerly 13.08.230)

13.08.205 Discharge of 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. 2909 § 7 (Att. F), 2018; Ord. 1532, 1979; prior code § 8-402(B). Formerly 13.08.240)

13.08.210 Construction of sewage-disposal facility.

Except as provided in this chapter, 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. 2909 § 7 (Att. F), 2018; Ord. 1532, 1979; prior code § 8-402(C). Formerly 13.08.250)

13.08.215 Toilet facilities and connection to available sewer.

The owner of all houses, buildings or properties for human occupancy, employment, recreation or other purposes, situated within the city or within the Blaine urban growth area, and abutting on any street, alley or right-of-way in which there is now located, or in the future may be located, a public sanitary sewer of the city, is required, at their expense, to install suitable toilet facilities therein, and to connect such facilities directly with the proper public sewer within 60 days after the date of official notice to do so in accordance with the provisions of this chapter. Individual lots developed through subdivision consistent with BMC Title 17 shall be required to extend required public sewer facilities to serve the proposed subdivision; exceptions require the approval of the public works director. (Ord. 2909 § 7 (Att. F), 2018; Ord. 2769 § 4, 2010; Ord. 2572 § 2, 2004; Ord. 1532, 1979; prior code § 8-402(D). Formerly 13.08.260)

13.08.220 Proximity of areas of public use to sewer.

It is further provided, in addition to the provisions of BMC 13.08.215, that any building or areas for public use, including but not being limited to schools, hospitals, apartments, hotels, cabin or auto courts, motels and trailer courts, shall be deemed to be within the area served by the public sewer system if such building or buildings, or any of them, are within 500 feet of a sewer line or lateral as now or hereafter constructed. (Ord. 2909 § 7 (Att. F), 2018; Ord. 1532, 1979; prior code § 8-402(E). Formerly 13.08.270)

13.08.225 Failure to make required connection.

If any such connection as required by BMC 13.08.215 and 13.08.220 is not made within 30 days after the time required in this chapter, the director of public works, or such other employees of the city as the city council may hereafter designate, is authorized to do one of the following:

A. Determine such connection to be made and to file a statement of the costs thereof with the finance director, and warrant shall be issued under the direction of the city council by the finance director and drawn on the sewer revenue fund for the payment of such costs. Such amount, together with a penalty of 10 percent thereof, plus interest, at the rate of 12 percent per year upon the total amount of such costs and penalty, shall be assessed against the property upon which the building or structure is located, and shall be a lien thereon superior to all liens except general taxes and special assessments. All sums paid thereon shall be placed in the sewer revenue fund of the city; or

B. Cause the city, under authority of the finance department, to issue notice to the party who has failed to connect that if they do not connect within 30 days of the date they receive the notice that they shall be subject to a monthly monetary charge in an amount equal to the base monthly sewer rate that would be charged against the property if it were connected to the city sewer system. (Ord. 2909 § 7 (Att. F), 2018; Ord. 2319 § 1, 1997; Ord. 1532, 1979; prior code § 8-403(A). Formerly 13.08.280)

13.08.230 Assessment of sewer charges.

The rates, fees, charges, penalties, interest and required deposits for water service are set forth in the unified fee schedule. Any rate fee, charge or similar set forth herein is in addition and supplemental to those set forth in the unified fee schedule. The public works director and his/her designee, or such other employee of the city as the city council may direct, is empowered to assess the rates for sanitary sewer service as prescribed in the unified fee schedule. (Ord. 2909 § 7 (Att. F), 2018; Ord. 1532, 1979; prior code § 8-403(B). Formerly 13.08.290)

13.08.235 Unpolluted waters – Discharge to sewer.

No person shall discharge or cause to be discharged any storm water, surface water, groundwater, roof runoff, subsurface drainage, uncontaminated cooling water or unpolluted industrial process water to any sanitary sewer. (Ord. 2909 § 7 (Att. F), 2018; Ord. 1532, 1979; prior code § 8-406(A). Formerly 13.08.300)

13.08.240 Unpolluted waters – Proper discharge.

Storm water and all other nonsanitary drainage shall be discharged to such sewers as are specifically designed as storm sewers, or to a natural outlet approved by the public works director. Industrial cooling water or unpolluted process waters may be discharged, on approval of the public works director, to a storm sewer or natural outlet. (Ord. 2909 § 7 (Att. F), 2018; Ord. 2572 § 3, 2004; Ord. 1532, 1979; prior code § 8-406(B). Formerly 13.08.310)

13.08.245 Prohibited discharges to sewer.

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

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

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

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

D. Solid or viscous substances in quantities or of such size capable of causing obstruction to the flow in sewers, or other interference with the proper operation of the sewage works such as, but not limited to, ashes, cinders, sand, mud, straw, shavings, metal, glass, rags, feathers, tar, plastics, wood, unground garbage, whole blood, paunch manure, hair and fleshings, entrails and paper dishes, cups, milk containers, etc., either whole or ground by garbage grinders. (Ord. 2909 § 7 (Att. F), 2018; Ord. 2836 § 3, 2013; Ord. 1532, 1979; prior code § 8-406(C). Formerly 13.08.320)

13.08.250 Restricted discharges – Enumerated.

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

A. Any liquid or vapor having a temperature higher than 150 degrees Fahrenheit or 65 degrees Centigrade;

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

C. Any garbage that has not been properly shredded. The installation and operation of any garbage grinder equipped with a motor of three-fourths horsepower (0.76 hp metric) or greater shall be subject to the review and approval of the director of public works;

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

E. 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;

F. Any waters or wastes containing phenols or other taste-producing or odor-producing substances, in such concentrations exceeding limits which may be established by the director of public works 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;

G. Any radioactive wastes or isotopes of such half-life or concentration as may exceed limits established by applicable state or federal regulations;

H. Any waters or wastes having a pH in excess of 9.5;

I. Materials which exert or cause:

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

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

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

4. Unusual volume of flows or concentration of wastes constituting slugs as defined in this chapter;

J. Waters or wastes containing substances which are not amenable to treatment or reduction by the sewage treatment processes employed, or are amenable to treatment only to such degree that the sewage treatment plant effluent cannot meet the requirements of other agencies having jurisdiction over discharge to the receiving waters. (Ord. 2909 § 7 (Att. F), 2018; Ord. 2836 § 4, 2013; Ord. 1532, 1979; prior code § 8-406(D). Formerly 13.08.330)

13.08.255 Restricted discharges – Rejection – Conditions to acceptance.

A. If any waters or wastes are discharged, or are proposed to be discharged, to the public sewers, which waters contain the substances or possess the characteristics enumerated in BMC 13.08.250 and which, in the judgment of the director of public works, may have a deleterious effect upon the sewage works, processes, equipment or receiving waters, or which otherwise create a hazard to life or constitute a public nuisance, the director of public works may:

1. Reject the wastes;

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

3. Require control over the quantities and rates of discharge; and/or

4. Require payment to cover the added cost of handling and treating the wastes not covered by existing taxes or sewer charges under the provisions of this chapter.

B. If the director of public works permits the pretreatment or equalization of waste flows, the design and installation of the facilities and equipment shall be subject to the review and approval of the director of public works, subject to the requirements of all applicable codes, ordinances and laws. (Ord. 2909 § 7 (Att. F), 2018; Ord. 1532, 1979; prior code § 8-406(E). Formerly 13.08.340)

13.08.260 Fat, oil, grease, and grit removal.

A. Pretreatment Equipment Required. The following uses shall be required to install pretreatment equipment to remove fats, oils, greases, and grit:

1. Grease Interceptors/Traps. Food service-related activities or other establishments that prepare and serve food or engage in food cleanup where grease may be introduced to the sewer system. These include: restaurants, school kitchens, cafes, butcher shops, delicatessens, lunch counters, cafeterias, bars, hospitals, nursing homes, senior centers, hotels, grocery stores, factories, or other establishments that prepare, serve or sell food or engage in food cleanup. Those that serve only prepackaged foods and beverages are exempted. Commercial properties developed into shopping centers shall provide adequate space for on-site interceptors within each defined commercial space.

2. Oil-Water Separators and Grit Removal Devices. Businesses which operate automatic and coin-operated laundries, car washes, filling stations, commercial garages, car sales lots, or similar business having any type of washing facilities or grease racks, and any other discharger producing grit, sand, oils, or other materials that have the potential of causing partial or complete obstruction of the wastewater system, shall install city-approved interceptor tanks in accordance with the latest specifications adopted by the city that effectively limit sand and inert solids entering the sanitary sewerage system.

B. Installation and Maintenance.

1. Information on specific pretreatment equipment for the removal of fats, oils, greases, and grit must be submitted for review by the public works department at the time of application for a building permit. Information submitted must show clearly that devices are being installed in accordance with the requirements of Chapter 10 of the Uniform Plumbing Code. Toilet waste shall not be discharged into interceptors/traps.

2. All such devices shall be installed, maintained, and operated by the discharger at the discharger’s own expense, and shall be located as to be readily and easily accessible for cleaning and inspection. All installations of pretreatment equipment must be inspected and approved by the public works department prior to final occupancy.

3. Pretreatment equipment shall be kept in continuous operation at all times, and shall be maintained to provide effective operation. Pretreatment equipment shall be pumped on a regular cycle sufficient to prevent excess discharge of fats, oil and/or grease into the Blaine sewer system, normally twice a year, unless interference with the Blaine sewer system occurs or slug load discharges occur. Cleaning of traps, interceptors, or oil/water separators must be performed by a person qualified to perform such cleaning. All material removed shall be disposed of in accordance with all state and federal regulations. Certification of maintenance shall be made readily available to public works department personnel for review and inspection. The use of degreasers, “enzymes,” or other chemicals which keep grease in suspension past the grease interceptor/trap is prohibited.

4. If failure to maintain settling tanks, grit traps, grease interceptors, or oil/water separators adversely affects the treatment or transmission capabilities of the system, or requires excessive maintenance by the city, the discharger responsible for the facilities shall be subject to the remedies, including enforcement and penalties, detailed in this chapter.

C. Periodic Testing.

1. The director of public works may require periodic testing of the effluent from businesses listed in subsection (A) of this section when there is a reasonable belief that the business is not meeting treatment standards as indicated by any of the following:

a. Results of testing downstream of the business violate effluent standards; or

b. Fat, oil, grease, or grit build-up downstream; or

c. The discharger’s records are incomplete, false, or not made available for inspection; or

d. There is evidence of tampering with pretreatment equipment; or

e. There is evidence of use of degreasers, “enzymes” or other chemicals which keep grease in suspension past the grease trap or interceptor; or

f. Other reasons established by facts which warrant a belief that the applicable discharge standards are being violated.

2. Testing Procedures. Testing procedures and testing duration are to be determined by the public works director, with testing to be conducted by a certified testing facility. The discharger shall pay for testing by the city if the discharger is in violation. (Ord. 2909 § 7 (Att. F), 2018; Ord. 2572 § 4, 2004; Ord. 1532, 1979; prior code § 8-406(F). Formerly 13.08.350)

13.08.265 Control manhole and meter.

A. When required by the director of public works, 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 of public works. 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.

B. Meters – Cost – Ownership. The cost of sewer meters shall be paid by the customer prior to installation as a payment in aid of construction, and right of ownership shall remain with the city public works department. Where meters are presently owned by the customer, the city claims the right to replace in kind, equal or better, repair or inspect at any reasonable hour any such meters. All costs of repairs on meters pursuant to this chapter shall be at the customer’s expense. (Ord. 2909 § 7 (Att. F), 2018; Ord. 1532, 1979; prior code § 8-406(G). Formerly 13.08.360)

13.08.270 Measurements, tests and analyses.

A. All measurements, tests and analyses of the characteristics of water 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 Waste-Water,” published by the American Public Health Association, and shall be determined at the control manhole provided, or upon suitable samples taken at the control manhole. In the event that no special manhole has been required, the control manhole shall be considered to be the nearest downstream manhole in the public sewer to the point at which the building sewer is connected. Sampling shall be carried out by customarily accepted methods to reflect the effect of constituents upon the sewage works and to determine the existence of hazards to life, limb and property.

B. All measurements, tests and analysis of the characteristics of water and wastes shall be billed to the commercial user for whom the test is being done. All billings will be the actual cost of the sampling, testing and monitoring program which shall include but not be limited to: employee monitoring, sampling, testing and clerical labor including wages and fringe benefits; equipment, materials and outside services, including 10 percent handling charge; overhead and administrative costs; and collection costs, if required. (Ord. 2909 § 7 (Att. F), 2018; Ord. 2070 § 1, 1992; Ord. 1532, 1979; prior code § 8-406(H). Formerly 13.08.370)

13.08.275 Special agreements to accept wastes.

No statement contained in this article shall be construed as preventing any special service agreement 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. 2909 § 7 (Att. F), 2018; Ord. 1532, 1979; prior code § 8-406(I). Formerly 13.08.380)

Article III. Private Sewage Disposal

13.08.310 Permitted use of on-site septic systems.

A. Legal lots of record as of the effective date of annexation into the city may utilize septic systems only when the lot is located over 200 feet from the city sewer main as provided herein. All other development shall be required to connect to the public sewer system and construct/extend sanitary sewer mains required to serve the development.

B. Owners of lots that meet the above condition shall install septic systems only after meeting the following additional requirements:

1. The property owner must obtain Whatcom County health department approval of the septic system and obtain any other permits which may be required by law for such systems; and

2. The septic system must be designed and built to facilitate eventual conversion to city sewer; and

3. The property owner shall record with the Whatcom County auditor’s office an executed “Agreement to Connect” in a form approved by the city. The agreement shall provide that the property owner will not protest the formation of any future LID or ULID for extension of a sewer system that would serve the property, and shall further require connection to the city sewer system and payment of all connection charges at the time service is extended to within 200 feet of the property. The agreement shall be a covenant that runs with the land and is binding on the owner and successors in interest of the property. The agreement shall provide that the structure shall be connected to the public sewer system at such time as the system is available and that the property owner will not protest the formation of any future LID or ULID for extension of a sewer system that would serve the property. (Ord. 2909 § 7 (Att. F), 2018; Ord. 2769 § 2, 2010; Ord. 2318 § 1, 1997; Ord. 1532, 1979; prior code § 8-404. Formerly 13.08.390)

13.08.315 Deferral of connection to city sewer.

A. When city sewer service is extended to within 200 feet of a developed property with an existing on-site septic system, that property owner shall be required to construct a connection to the city sanitary sewer system within 60 days or as extended at the discretion of the public works director. Owners of properties within 200 feet of the public sewer main will be notified by the city of the requirement to connect following extension of sewer service. A deferral may be granted with the approval of the city manager if:

1. The property has only residential use; and

2. The existing on-site septic system is a Whatcom County health department permitted system, is working properly and has complied with all applicable Whatcom County health department maintenance and inspection guidelines, and all other permits required by law; and

3. The owner(s) sign a connection deferral agreement on a form provided by the city. This agreement provides certification by the property owner of the above conditions. No modifications or expansions of on-site septic systems will be allowed under a deferral agreement. This agreement requires the property owner(s) to connect to the public sanitary sewer system within 60 days of any of the following conditions occurring:

a. Failure of the on-site septic system (no repairs are permitted); on-site septic systems not conforming to the Whatcom health department’s maintenance and inspection schedule and guidelines shall be considered failed;

b. Sale of the property; or

c. Repairs, reconstruction or improvements are made to the occupied building structure which either add a bedroom or exceed 50 percent of the assessed value of the structure prior to such repairs, reconstruction or improvements.

B. Any property owner may submit an appeal to the hearing examiner pursuant to BMC 13.22.060(C) if they have been denied a deferral under this section.

C. The city shall record the fully executed connection deferral agreement with the Whatcom County auditor’s office. Such agreement shall require payment of all connection charges in the future at the time of actual connection to the sewer system, and shall be a covenant that runs with the land and is binding on the owner and successors in interest of the property. (Ord. 2909 § 7 (Att. F), 2018; Ord. 2769 § 2, 2010. Formerly 13.08.392)

13.08.320 Abandoning on-site septic systems.

Once a connection to the city sanitary sewer system has been completed and inspected by the city, the property owner shall ensure that the private on-site system has, as a minimum, been completely cleaned of wastewater and sludge and all tanks filled with suitable backfill material. (Ord. 2909 § 7 (Att. F), 2018; Ord. 2769 § 2, 2010. Formerly 13.08.394)

Article IV. Building Sewers and Connections

13.08.400 Permit – Required.

No unauthorized person shall uncover, make any connections with or opening into, use, alter or disturb any public sewer or appurtenance thereof without first obtaining a written permit from the city subject to the approval of the director of public works. (Ord. 2909 § 7 (Att. F), 2018; Ord. 1532, 1979; prior code § 8-405(A))

13.08.410 Permits – Classes – Application – Fees.

A. There shall be two classes of building sewer permits: (1) for residential and commercial service, and (2) for service to establishments producing industrial wastes, or commercial establishments processing food. In either case, the owner or his agent shall make application on a form furnished by the city. The permit application shall be supplemented by any plans, specifications or other information considered pertinent by the public works director.

B. A permit and inspection fee for a residential or commercial building sewer permit for an industrial building sewer permit shall be paid to the city at the time the application is filed, as specified in the unified fee schedule. The rates, fees, charges, penalties, interest and required deposits for water service are set forth in the unified fee schedule. Any rate fee, charge or similar set forth herein is in addition and supplemental to those set forth in the unified fee schedule. (Ord. 2909 § 7 (Att. F), 2018; Ord. 1532, 1979; prior code § 8-405(B))

13.08.411 Outside city limit connection.

With the approval of the public works director, city sewer service may be extended (main extension) within the Blaine urban growth area, as recommended by the public works director.

With the approval of the public works director, a private extension may be provided to a specific property located in unincorporated areas near the city limits under the following circumstances, and with the following conditions:

A. The property for which service is requested is currently developed with a residence.

B. The property is sufficiently constrained as determined by Whatcom County that a conforming septic system repair cannot be made due to the available area or available soils, and a nonconforming repair would pose an increased risk to basic public health and to the environment, including surface water quality.

C. If the property is within the service area of another sewer service provider, written confirmation must be provided to the city by the designated sewer service provider that the property cannot reasonably be served by that system at that time. Execution of an interlocal agreement between the city and that other service provider may be required to coordinate billing and collection functions with any water service provider for properties thus served.

D. That the Whatcom County health department has issued a determination that the septic system for the property to be served has failed or is in need of immediate replacement and that a replacement on-site septic system is not feasible and that the extension of service is necessary to protect basic public health and safety.

E. All necessary permits for construction are first obtained by the property owner(s) with copies provided to the city.

F. Design and construction of the wastewater service connection(s) have been approved and inspected by the city in addition to any other inspections required by any other governmental agency.

G. The cost of wastewater service extension and connection and any ongoing maintenance of the same shall be borne entirely by the property owner(s) to the city-owned facility.

H. Payment of assessment fees, connection fees, and monthly service rates as published in the unified fee schedule for services outside the city limits.

I. Execution of a covenant to be recorded on the property prior to the commencement of service prohibiting any further service connections or extensions to any additional properties or structures without the city’s prior written approval.

J. Delivery to the city of copies of all necessary easement and/or franchise agreements obtained from third parties and/or Whatcom County for the portions of the sewer service line extension not located on the applicant’s property. These must provide for the right to locate the sewer line extension outside of the serviced property, and an easement from the owner of the property to be served benefiting the city, all with terms and conditions allowing the city to access and inspect all of the sewer service extension lines and facilities on terms acceptable to the city.

K. An amendment to the city of Blaine comprehensive sewer plan, and other agency sewer plan affected by this service, must be approved prior to construction. Amendments must include the determination from the Whatcom County health department mentioned in subsection (D) of this section, and a determination from the Whatcom County planning department that the proposed amendment is consistent with the county comprehensive plan under Chapter 36.70A RCW. (Ord. 2909 § 7 (Att. F), 2018; Ord. 2743 § 1, 2009; Ord. 2164 § 1, 1994. Ord. 1707 § 3, 1984)

13.08.420 Cost and expense – Indemnification of city.

All costs and expenses incident to the installation and connection of the building sewer shall be borne by the owner. The owner shall indemnify the city from any loss or damage that may directly or indirectly be occasioned by the installation of the building sewer. (Ord. 2909 § 7 (Att. F), 2018; Ord. 1532, 1979; prior code § 8-405(C))

13.08.430 Separate sewers for separate buildings.

A separate and independent building sewer shall be provided for every building; except that, where one building stands at the rear of another on an interior lot and no private sewer is available or can be constructed to the rear building through an adjoining alley, court, yard or driveway, the building sewer from the front building may be extended to the rear building and the whole considered as one building sewer. (Ord. 2909 § 7 (Att. F), 2018; Ord. 1532, 1979; prior code § 8-405(D))

13.08.440 Old building sewers with new buildings.

Old building sewers may be used in connection with new buildings only when they are found, on examination and test by the public works director, to meet all requirements of this chapter. (Ord. 2909 § 7 (Att. F), 2018; Ord. 1532, 1979; prior code § 8-405(E))

13.08.450 Building sewer construction generally.

The size, slope, alignment, materials of construction of a building sewer, and the methods to be used in excavating, placing of the pipe, jointing, testing and backfilling the trench shall all conform to the requirements of the building and plumbing codes or other applicable rules and regulations of the city. (Ord. 2909 § 7 (Att. F), 2018; Ord. 1532, 1979; prior code § 8-405(F))

13.08.460 Elevation at building.

Wherever possible, the building sewer shall be brought to the building at an elevation below the basement floor. In all buildings in which any building drain is too low to permit gravity flow to the public sewer, sanitary sewage carried by such building drain shall be lifted by an approved means and discharged to the building sewer. (Ord. 2909 § 7 (Att. F), 2018; Ord. 1532, 1979; prior code § 8-405(G))

13.08.470 Drainage connections.

No person shall make connection of roof downspouts, exterior foundation drains, areaway drains or other sources of surface runoff or groundwater to a building sewer or building drain which, in turn, is connected directly or indirectly to a public sanitary sewer. (Ord. 2909 § 7 (Att. F), 2018; Ord. 1532, 1979; prior code § 8-405(H))

13.08.480 Inspection and connection of building sewer.

The applicant for a building sewer permit shall notify the city public works department when the building sewer is ready for inspection and connection to the public sewer. The connection shall be made under the supervision of the public works director. (Ord. 2909 § 7 (Att. F), 2018; Ord. 1532, 1979; prior code § 8-405(I))

13.08.490 Work to be open for inspection.

The applicant or agent of the applicant shall not close the trench or cover the work until the inspection as required in this article has been performed. Should the trench be closed prior to the inspection, the public works director may request the work to be uncovered and made ready for inspection. Any work provided under this section will be provided at the applicant’s or agent of the applicant’s expense. (Ord. 2909 § 7 (Att. F), 2018; Ord. 1532, 1979; prior code § 8-405(J))

13.08.491 Excavation safety measures.

All excavations for building sewer installation shall be adequately guarded with barricades and lights so as to protect the public from hazard. Streets, sidewalks, parkways and other public property disturbed in the course of the work shall be restored to existing condition or better than existing condition subject to approval of the public works director. (Ord. 2909 § 7 (Att. F), 2018; Ord. 1532, 1979; prior code § 8-405(K). Formerly 13.08.500)

13.08.492 Traps and vents – City to make connection.

A. All connections made before or after the adoption of the ordinance codified in this chapter shall be properly trapped and vented to prevent solid matter and other substances injurious to the sewer passing into the city sewer, and no one shall enter or make any entry in connection with existing sewer mains of the city. Any entry in connection with existing mains shall be within the discretion of the public works director performed upon the existing mains and laterals and city alleys and streets, and shall be done by the public works department.

B. The tapping and connection charge for a six-inch-diameter connection to a single-family residence shall be as stated in the unified fee schedule. For a commercial or industrial connection or a connection larger than six inches in diameter, the charge shall be at the city’s cost plus 10 percent. The connection charge for connection of a dwelling unit to the sanitary sewer in a subdivision where the service lines have been constructed in accordance with city specifications and extended to the property line shall be as stated in the unified fee schedule. (Ord. 2909 § 7 (Att. F), 2018; Ord. 1532, 1979; prior code § 8-405(L). Formerly 13.08.510)

13.08.493 Main extensions.

A. Where an extension of a main is requested by one or more owners of property not within a special assessment district created for the purpose of installing a public sewer, such person or persons shall make a written request to the city for an estimate of the cost of such installation.

B. Upon receiving such a request, the public works director shall determine the size of the public sewer appropriate to be so installed or extended, taking into consideration both immediate and remote probable use and requirements of such public sewer, including its use by property beyond and in addition to property owned or possessed by the persons requesting such estimate. The public works director shall make an estimate of the whole cost of such installation or extension, including, but not limited to, the cost of labor, materials, equipment rental, rights-of-way, legal, administrative, engineering, inspection, surveying and related costs.

C. The city council, after receiving the public works director’s estimate of cost, may provide by resolution to proceed with the extension, modify the extension, or reject the extension. When in the interest of future growth or expansion of the sewer system it is found to be advisable to install main capacity in excess of the amount requested by the consumer, developer or owner, and the city council makes a finding of fact thereon, and therefore it deems it advisable, it may authorize city participation in the cost of such extra capacity.

D. If the city council provides by resolution to proceed with the main extension, either by having city employees do the work or by letting the work on contract, then those persons requesting an installation or extension of the public sewer shall first pay to the city the appropriate sum of money required by the rate set forth in an ordinance duly adopted by the city council.

E. Nothing in the ordinance codified in this title shall be construed as requiring the city to proceed with such installation or extension of a public sewer either at all or at any time.

F. Any person making connection with such public sewer so installed or extended shall be subject to pay service charges for installation of taps as called for in the ordinance codified in this title or by resolution.

G. No person who shall have paid any money to the city under provisions of this article shall be entitled to any contribution or refund from the city or any other person who may thereafter receive sewer service from such public sewer or extension thereof, except if such public sewer is included in an existing reimbursement agreement with the city as specified in BMC 13.08.495.

H. All public sewer main extensions shall be extended to the further edge or line of the property to be served and used. (Ord. 2909 § 7 (Att. F), 2018; Ord. 2397 § 1, 1999; Ord. 2028 § 1, 1991; Ord. 1753 § 1, 1985. Formerly 13.08.511)

13.08.494 Public sewer extensions by local improvement districts.

Persons requesting installation or extension of a public sewer may do so by the method described in BMC 13.08.493, or by formation of a local improvement district per criteria given in a duly adopted local improvement district ordinance of the city. (Ord. 2909 § 7 (Att. F), 2018; Ord. 1753 § 2, 1985. Formerly 13.08.512)

13.08.495 Reimbursement.

The city may, in accordance with state law, grant the person constructing a new sewer main the right to reimbursement from other abutting property owners benefitted by the improvement pursuant to the provisions of Chapter 13.12 BMC. (Ord. 2909 § 7 (Att. F), 2018; Ord. 2379 § 3, 1998; Ord. 1753 § 3, 1985. Formerly 13.08.513)

13.08.496 Maintenance, repair and replacement.

A. It shall be the responsibility of the building owner to maintain or to reimburse the city for its actual cost plus 10 percent for maintenance, repair or replacement of the building sewer from the building drain to and including the connection with the public sewer main.

B. All work in the public right-of-way shall be done by the city or its agents, or by licensed and bonded contractors on approval of the director of public works. (Ord. 2909 § 7 (Att. F), 2018; Ord. 1708 § 3, 1984. Formerly 13.08.515)

Article V. Rates and Charges

13.08.510 Rates and charges.

The rates, fees, charges, penalties, interest and required deposits for water service are set forth in the unified fee schedule. Any rate, fee, charge or similar set forth herein is in addition and supplemental to those set forth in the unified fee schedule. (Ord. 2909 § 7 (Att. F), 2018)

13.08.520 Reserved.

(Ord. 2909 § 7 (Att. F), 2018)

13.08.521 Reserved.

(Ord. 2909 § 7 (Att. F), 2018)

13.08.522 Reserved.

(Ord. 2909 § 7 (Att. F), 2018)

13.08.523 Reserved.

(Ord. 2909 § 7 (Att. F), 2018)

13.08.530 Reserved.

(Ord. 2909 § 7 (Att. F), 2018)

13.08.540 Special charges for burdens on system.

In the event any property to be served by the sewer system creates an undue and unusual burden or demand upon such system, special rates for sewage service to such property shall be fixed by written agreements for a stated term between the city and such users upon approval of the city council without the necessity of amending this chapter. (Ord. 2909 § 7 (Att. F), 2018; Ord. 1532, 1979; prior code § 8-412)

13.08.550 Charges constitute lien.

All sewage charges, penalties and interest, and costs and fees incurred in making collection, including foreclosing the property served, shall constitute a lien upon the property so served superior to all other local taxes and special assessments, and shall be subject to foreclosure in the manner provided by state statute. (Ord. 2909 § 7 (Att. F), 2018; Ord. 1532, 1979; prior code § 8-413)

Article VI. Miscellaneous Provisions

13.08.610 Combination of water and sewer departments.

The city water department and the city sewer department have been combined by ordinance and the combination is ratified. (Ord. 2909 § 7 (Att. F), 2018; Ord. 1532, 1979; prior code § 8-409. Formerly 13.08.560)

13.08.620 Damage to sewage works.

No unauthorized person shall maliciously, willfully or negligently break, damage, destroy, uncover, deface or tamper with any structure, appurtenance or equipment which is part of the sewage works. (Ord. 2909 § 7 (Att. F), 2018; Ord. 1532, 1979; prior code § 8-407. Formerly 13.08.570)

Article VII. Powers and Authority of Inspectors

13.08.710 Right of entry – Inquiries limited.

The public works director and other duly authorized employees of the city bearing proper credentials and identification shall be permitted to enter all properties subject to the conditions of this chapter for the purposes of inspection, observation, measurement, sampling and testing in accordance with the provisions of this chapter. The authorized person shall enter the premises only during regular city hours (except in cases of an emergency) and after making a reasonable attempt of notifying the occupant, if any. (Ord. 2909 § 7 (Att. F), 2018; Ord. 1532, 1979; prior code § 8-408(A). Formerly 13.08.580)

13.08.730 Right of entry to easements.

The director of public works and other duly authorized employees of the city shall be permitted to enter all private properties through any easement or right-of-way that exists of record or in equity for the benefit of the city for the purpose of, but not limited to, inspection, observation, measurement, sampling, repair and maintenance of any portion of the sewage works lying within the easement. (Ord. 2909 § 7 (Att. F), 2018; Ord. 1532, 1979; prior code § 8-408(C). Formerly 13.08.600)

Article VIII. Violations

13.08.810 Violations.

A. Violations of this chapter shall be enforced pursuant to Chapter 13.22 BMC, and shall be subject to the penalties set forth therein.

B. Civil Infraction/Misdemeanor. No utility service shall be established, expanded, constructed, altered, moved, maintained, or otherwise changed except in conformance with this title. As established in Chapter 7.80 RCW, a person or business that violates the requirements of this title shall be guilty of a civil infraction subject to enforcement as set forth in Chapter 13.22 BMC. Each and every day that such prohibited act continues shall be considered a separate violation. Each subsequent violation of this chapter shall be considered a misdemeanor punishable by a fine of not more than $1,000 and up to 90 days in jail per violation as set forth in Chapter 13.22 BMC, and in particular BMC 13.22.020(B). (Ord. 2909 § 7 (Att. F), 2018)