Chapter 13.12
SEWERAGE SYSTEM REGULATIONS

Sections:

Article I. General Provisions

13.12.010    Definitions.

13.12.020    Inspectors – Powers and authority.

13.12.030    Safety rules and liability.

13.12.040    Easement conditions.

13.12.050    County health officer requirements.

13.12.060    Use of public sewers required.

13.12.070    Repealed.

Article II. Service and Connection Charges

13.12.080    Schedule establishment.

13.12.082    Sewer charges.

13.12.085    Annual rate adjustment.

13.12.090    Grinder pump service charges.

13.12.100    Sewer service applications and connection charges.

13.12.105    Repealed.

13.12.108    Changed conditions – Increased wastewater flows, BOD or S.S.

13.12.110    Charges become lien on property – Enforcement.

13.12.120    Repealed.

13.12.125    Repealed.

Article III. Sewer Connections Mandatory

13.12.130    Sewer connections mandatory.

13.12.140    Repealed.

13.12.150    Repealed.

13.12.160    Sanitary operation.

Article IV. Building Sewers and Connections

13.12.170    Permit – Required.

13.12.180    Permit – Classes.

13.12.190    Owner to bear costs of construction.

13.12.200    Use of old building sewers.

13.12.210    Construction to comply with standard specifications.

13.12.220    Construction to be below basement floor.

13.12.230    Surface runoff or groundwater connections prohibited.

13.12.240    Connection to comply with standard specifications.

13.12.250    Inspection prior to connection.

13.12.260    Barricades and lighting of excavations.

Article V. Improper Use of Public Sewers

13.12.270    Discharge of surface runoff and stormwaters.

13.12.280    Stormwater to be discharged into storm sewers.

13.12.290    Prohibited wastewater discharges.

13.12.300    Limitations and restrictions on discharges.

13.12.310    Public works director – Authority to limit or prohibit discharges.

13.12.320    FOG prevention requirements.

13.12.330    Owner to perform facilities maintenance.

13.12.340    Installation of observation facilities.

13.12.350    Determination of sampling and testing methods.

13.12.360    Article provisions not to limit special agreements.

Article VI. Enforcement

13.12.370    Protection from damage.

13.12.380    Violation – Penalty.

13.12.390    Extensions of sewer system – Design review – Expense.

Article I. General Provisions

13.12.010 Definitions.

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

0. “Bed/bonus room” means any bedroom or other room such as a bonus room, den, or office in a multifamily dwelling that, in the opinion of the building official, could reasonably be converted to a bedroom.

1. “BOD” (biochemical oxygen demand) means the quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory procedure as described in the most current edition of Standard Methods for the Examination of Water and Waste Water in five days at 20 degrees Celsius expressed in milligrams per liter.

2. “Building drain” means that part of the lowest horizontal piping of a drainage system which receives the discharge from sanitary waste floor drains 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.

3. “Building sewer, connecting sewer or house lateral” means the private extension from the building drain to the public sewer or other place of disposal.

4. “City” means the city of Bonney Lake, Washington.

5. “Collection system” means the system of public sewers to be operated by the city designed for the collection of sanitary sewerage.

6. “Commercial user” means any premises used for commercial or business purposes which is not a residential user and not an industry as defined in this chapter. A commercial user is one who introduces primarily domestic wastes and wastes from sanitary conveniences into the sewer system.

7. “Council” means the council of the city of Bonney Lake, Washington.

8. “County” means Pierce County, Washington.

9. “Domestic waste” means any wastewater (sewage) emanating from a residence or from domestic activities performed outside the place of residence (in lieu of a home activity) by or for private citizens. The wastewater concentrations shall not exceed 250 mg/l BOD5 and 250 mg/l SS.

10. “Duplex” means one structure containing two dwelling units.

11. “Dwelling unit” means a single unit providing complete independent living facilities for one or more persons, including permanent provisions for living, sleeping, eating, cooking and sanitation.

12. “Finance director” means the finance director of the city of Bonney Lake or his agent.

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

14. “Industrial user” means a nongovernmental user of the public treatment works identified in the Standards Industrial Classification Manual, 1972, Office of Management and Budget, as amended or supplemented.

15. “Industrial waste” means that portion of wastewater emanating from an industrial user which is not domestic waste or waste from sanitary conveniences.

16. “Inspector” means the person assigned by the city to inspect building sewer installation between the building and the public sanitary sewer line within the street.

17. “Lateral” means a public sewer which receives flow from one or more side sewers and discharges into a trunk or interceptor.

18. “Mayor” means the mayor of the city of Bonney Lake.

19. “Multifamily” means a single structure containing three or more dwelling units.

20. “New development” means the construction of a nonresidential project which requires permits from the city, duplex, multifamily building, single-family residence, short subdivision, or subdivision.

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

22. “Occupant” means any person or owner in physical possession of a structure to which sewer service is available.

23. “Operation and maintenance” means all activities, goods and services which are necessary to maintain the proper capacity and performance of the sewage works for which such works were designed and constructed. The term “operation and maintenance” includes replacement as defined in this chapter.

24. “Permit” means an application for a printed and serially numbered form issued in quadruplicate by the city prior to construction of any side sewer.

25. “Person” means any individual, firm, company, association, society, corporation or group.

26. “pH” means the logarithm of the reciprocal of the weight of hydrogen ions.

27. “Private wastewater disposal system/facility” means an individual sewer line and disposal system, or a community drainfield system, that is privately owned and not connected to the city of Bonney Lake sewerage system. A private sewer wastewater disposal system shall be allowed only when connection to the city of Bonney Lake sewer is not required by this chapter.

28. “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 centimeter in any dimension.

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

30. “Public works director” means the public works director of the city of Bonney Lake or his authorized agent.

31. “Residential equivalent (RE)” means a system specific unit of measure used to express the amount of water and sewer consumed by a typical full-time single-family residence and is equivalent to one residential dwelling unit for purposes of computing connection charges and service rates. For the purposes of sewer usage, one RE shall be defined as a flow of 275 gallons per day with an average biological oxygen demand (BOD) of 246 mg/l and an average total suspended solids (TSS) of 269 mg/l.

32. “Residential user” means a single-family or multifamily structure.

33. “Residential wastewater pump” means a combination centrifugal pump and grinder unit for raw sewage service complete with piping, valves, controls starter, basis and all accessories required for a complete installation. Each pump station shall conform with the standards and specifications of the city of Bonney Lake.

34. “Sanitary sewer” means a sewer which carries sewage and to which stormwaters, surface waters, ground waters and other unpolluted waters are not intentionally admitted.

35. “Service connection” refers to the “side sewer” or pipeline with its appurtenances that branches off or connects the public lateral or trunk sewer in the right-of-way extending to the property line.

36. “Sewage” means a combination of the water-carried wastes from residences, business buildings, institutions and industrial establishments.

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

38. “Sewage works” means a pipe or conduit for carrying sewage.

39. “Sewer” means a pipe or conduit for carrying sewage.

40. “Shall” is mandatory. “May” is permissive.

41. “Side sewer” means the service connection.

42. “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.

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

44. “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 laboratory filtering.

45. “Single-family residence,” for the purposes of water and sewer utilities, means a structure maintained and used as a single dwelling unit. Notwithstanding that a dwelling unit shares one or more walls with another dwelling unit, it shall be deemed a single-family residence if it has direct access to a street and shares neither heating facilities nor hot water equipment, nor any other essential facility or service, with any other dwelling unit.

46. “User” means every person using any part of the public sewage works of the city of Bonney Lake.

47. “User charge” means the periodic charges levied on all users of the public sewage works and shall, at a minimum, cover each user’s proportionate share of the cost of operation and maintenance to include replacement.

48. “Best management practices (BMP)” means a technique or methodology that, through experience and research, has proven to reliably lead to a desired result.

49. “Facility” means any food processing establishment, food sales establishment, or food service establishment.

50. “Fats, oils and greases (FOG)” are organic compounds derived from animal and/or plant sources that contain multiple carbon triglyceride molecules. These substances are detectable and measurable using analytical procedures established in Title 40 of the Code of Federal Regulations Part 136 (40 CFR 136). Commonly referred to as polar.

51. “Food” is any raw, cooked, or processed edible substance, ice, or ingredient used or intended for use or sale in whole or in part for consumption.

52. “Food processing establishment (FPE)” is a commercial establishment in which food is manufactured or packaged for consumption.

53. “Food sales establishment” means any retail and wholesale grocery stores, retail seafood stores, food processing plants, bakeries, confectioneries, fruit, nut and vegetable stores and places of business and similar establishments, mobile or permanent, engaged in the sale of food primarily for consumption off premises.

54. “Food service establishments (FSE)” means any establishment for the preparation and serving of meals, lunches, short orders, sandwiches, frozen desserts, or other edible products and/or are required to have a food business permit issued by Tacoma-Pierce County health department. The term includes: restaurants, coffee shops, cafeterias, short order cafes, luncheonettes, taverns, lunchrooms, places which manufacture retail sandwiches, soda fountains, institutional cafeterias, catering establishments, food vending vehicles, and operations connected therewith; and similar facilities by whatever name called.

55. “Grease” is rendered animal fat, vegetable shortening, and other such oily matter used for the purposes of and resulting from preparing and/or cooking food.

56. “Grease removal unit” means a device designed to separate fats, oils, and grease from liquid waste prior to the wastewater entering the sanitary sewer system.

57. “Grease interceptor” means a plumbing appurtenance or appliance that is installed in a sanitary drainage system to capture FOG from a wastewater discharge, including gravity grease interceptors (GGIs) and hydromechanical grease interceptors (HGIs).

58. “Minimum design capability” means the design features of a grease interceptor and its ability to or the volume required to effectively intercept and retain greases from grease-laden wastewaters discharged to the sanitary sewer system.

59. “Polar (animal and vegetable origin)” means any water or waste which has visible fats, oils or grease floating on the surface or adhering to the sides of the sample containers.

60. “Rendering/disposal company” is a business that possesses a Pierce County pumper certification.

61. “Uniform Plumbing Code (UPC)” is what governs the requirements for the installation, alteration, removal, replacement, repair or construction of all plumbing.

62. “System development charge” or “SDC” means a fee charged to connect to the public sewer system, which represents the user’s equitable share of the cost of the system, pursuant to RCW 35.92.025.

63. “Gravity grease interceptor (GGI)” means an interceptor whose rated flow exceeds 50 gallons per minutes (gpm), has a minimum storage capacity of 500 gallons, and serves one or more fixtures, which is remotely located underground and outside of a food service facility. It is designed to collect, contain or remove food waste and grease from the sewer waste stream while allowing the balance of the liquid waste (gray water) to discharge to the wastewater collections system by gravity.

64. “Hydromechanical grease interceptor (HGI)” means an interceptor whose rated flow is less than 50 gallons per minute (gpm), which uses a combination of gravitational, fluid motion, and other materials-separation techniques, air entrainment, interior baffling, and other barriers to collect, contain, or store FOG. These interceptors are usually located inside the facility.

65. “Oil/water separator” means a large capacity underground vault installed between a drain and the connecting sewer pipe. These vaults are designed with baffles or coalescing plates to trap sediments and retain floating oils. (Ord. 1581 § 2, 2017; Ord. 1580 § 10, 2017; Ord. 1510 § 1, 2015; Ord. 1333 § 1, 2009; Ord. 1266 § 1, 2007; Ord. 1221 § 3, 2007; Ord. 892 § 2, 2001; Ord. 692 § 5, 1994; Ord. 571C § 3, 1992; Ord. 561 Art. I § 1, 1985).

13.12.020 Inspectors – Powers and authority.

The director of public works and other duly authorized employees of the city, having 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 of public works 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. 561 Art. VII § 1, 1985).

13.12.030 Safety rules and liability.

While performing the necessary work on private properties referred to in BLMC 13.12.020, the director of public works 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, as required in BLMC 13.12.340. (Ord. 561 Art. VII § 2, 1985).

13.12.040 Easement conditions.

The director of public works, or his 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 not limited to, inspection, observation, measurement, sampling, repair and maintenance of any portion of the sewage works lying within the easement. All entry and subsequent work, if any, on the easement shall be done in full accordance with the terms, if any, of the duly negotiated easement, pertaining to the private property involved. (Ord. 561 Art. VII § 3, 1985).

13.12.050 County health officer requirements.

No statement contained in this chapter shall be construed to interfere with any additional requirements that may be imposed by the county health officer. (Ord. 561 Art. III § 5, 1985).

13.12.060 Use of public sewers required.

A. 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.

B. 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 said discharge is approved by state and/or federal regulatory agencies having jurisdiction and the city of Bonney Lake.

C. Except as hereinafter provided, it shall be unlawful to construct or maintain any privy, privy vault, septic tank, cesspool or other facility intended or used for the disposal of sewage. (Ord. 561 Art. II §§ 1, 2, 3, 1985).

13.12.070 Toilet facilities required.

Repealed by Ord. 1151. (Ord. 892 § 3, 2001; Ord. 578 § 1, 1986; Ord. 561 Art. II § 4, 1985).

Article II. Service and Connection Charges

13.12.080 Schedule establishment.

The city council, by ordinance, shall establish the conditions requiring connection to the public sewer system, the connection and system development charges, and the monthly sewer service rates to be charged to customers of the public sewer system. (Ord. 1382 § 1, 2011; Ord. 561 Art. VIII § 1, 1985).

13.12.082 Sewer charges.

A. Each single-family resident not requiring or using a city-owned grinder pump shall pay the following monthly fees for sewer services, effective on January 1, 2019, as follows:

Charge

January 1, 2020

Sewer availability charge

$78.11

Volumetric charge per 100 cubic feet (CCF) of monthly water consumption

$4.86

The volumetric charge shall be capped at 10 CCF per month. Sewer availability charges shall be billed monthly. Volumetric charges for single-family residences shall be billed bimonthly.

B. Each single-family resident using a city-owned grinder pump shall pay the following monthly fees for sewer services:

Charge

January 1, 2020

Sewer availability charge

$93.72

Volumetric charge per 100 cubic feet (CCF) of monthly water consumption

$4.86

The volumetric charge shall be capped at 10 CCF per month. Sewer availability charges shall be billed monthly. Volumetric charges for single-family residences shall be billed bimonthly.

C. Discount for Senior Citizens and Disabled Persons. Owners of single-family residences who have qualified for real estate property tax exemption through the Pierce County assessor-treasurer’s office on the basis of age and/or disability, and who present proof thereof to the appropriate authority of the city, shall qualify and be entitled to a reduced sewer rate as may from time to time be set by the city council and as established as a 20 percent reduction from the sewer availability charge.

D. Sewer Service Charges for Customers Other than Single-Family Residential.

1. Multifamily and duplex customers on a single water meter shall pay the single-family sewer availability charge (no grinder pump) for each unit. The volumetric charge shall be capped at eight CCF per unit per month for multifamily customers.

2. Mobile home park customers shall be charged at the single-family rate. Where multiple mobile home units use one water meter, each unit shall pay the single-family sewer availability charge (no grinder pump). The volumetric charge shall be capped at 10 CCF per unit per month.

3. Nonresidential customers, including commercial, retail, office, recreational vehicle parks, industrial, and churches, shall pay one single-family sewer availability charge (no grinder pump) per installed water meter. There shall be no volumetric cap for nonresidential customers.

4. Sewer charges for customers other than single-family residential shall be billed monthly.

E. In the event of a water leak, upon following procedures as set forth in BLMC 13.04.100(G), the adjustment to the volumetric portion of the sewer charge shall be two-thirds of that portion of the customer’s consumption bill. (Ord. 1577 § 1, 2017; Ord. 1565 § 1, 2016; Ord. 1465 § 7, 2013; Ord. 1430 § 1, 2012; Ord. 1405 § 1, 2011; Ord. 1278 § 1, 2008; Ord. 1129 § 3, 2005; Ord. 1098 § 1, 2005; Ord. 1082 § 1, 2004; Ord. 1047 § 1, 2004; Ord. 916 § 1, 2002; Ord. 909 § 1, 2002; Ord. 892 § 4, 2001; Ord. 828 § 4, 1999; Ord. 692A § 4, 1994; Ord. 571C § 2, 1992; Ord. 692 § 6, 1994).

Code reviser’s note: Effective January 1, 2020, the rates in this section have been updated pursuant to BLMC 13.12.085, which permits this update without an adopting ordinance.

13.12.085 Annual rate adjustment.

Effective January 1, 2019, the sewer rates listed in BLMC 13.12.082 shall be adjusted upwards by 15 percent.

Effective January 1, 2020, the sewer rates listed in BLMC 13.12.082 shall be adjusted upwards by eight percent.

Effective January 1, 2021, the sewer rates listed in BLMC 13.12.082 shall be adjusted upwards by eight percent.

Effective January 1st of each year, beginning on January 1, 2022, the sanitary sewer rates listed in BLMC 13.12.082 shall be adjusted by the annual change in the most recent Seattle Area Consumer Price Index (Urban Consumers) published by the U.S. Department of Labor. (Ord. 1607 § 1, 2018; Ord. 1577 § 1, 2017; Ord. 1465 § 8, 2013).

13.12.090 Grinder pump service charges.

For every building using a domestic grinder lift pump utilizing electric power furnished by the city or maintained by the city, there shall be an additional monthly charge of $20.00 to reimburse the city for the cost of the electric power and/or for maintenance or service on the pumps. (Ord. 1577 § 1, 2017; Ord. 1405 § 2, 2011; Ord. 1350 § 1, 2010; Ord. 561 Art. VIII § 2, 1985).

13.12.100 Sewer service applications and connection charges.

A. All applications for sewer service shall be made by the property owner or authorized agent. The records of the Pierce County auditor shall be prima facie proof of property ownership. The applicant shall furnish the city such information as may be required on the city’s application form. The applicant shall agree to conform to the rules and regulations for the operation of the city’s sewer system as set forth in this chapter. Applications for sewer service shall expire in 180 days if no sewer permit has been issued. A 180-day extension may be granted for justifiable cause, including but not limited to extension of the related building permit application for 180 days.

B. No connection shall be made to the city’s sewer system without a sewer permit having been issued. Sewer permits shall expire if no connection has been made within 180 days of issuance. A 180-day extension may be granted for justifiable cause, including but not limited to extension of the related building permit for 180 days.

C. Charges to connect to the city sewer system shall be due and payable upon issuance of a permit for connection to the city sewer system and shall be charged at the rate in effect at the time of application for sewer service pursuant to this chapter.

D. Residential System Development Charges (SDC).

1. The SDC for a single-family residence (new construction) shall be the charge applicable to one residential equivalent (RE), $11,606 effective May 1, 2019.

2. The SDC for an existing single-family residence served by an on-site septic disposal system shall be the charge applicable to one residential equivalent (RE), $11,606 effective May 1, 2019.

3. The SDC for each unit of a duplex shall be the charge applicable to one residential equivalent (RE) unit, $11,606 effective May 1, 2019.

4. In addition to the SDC provided in this subsection, there shall be a surcharge of $2,568 for each residential equivalent (RE) connection to the sewer system within the Fennel Creek sewer lift station service area, as shown on Exhibit “A” attached to the ordinance codified in this section and on file in the office of the city clerk.

5. The SDC for multifamily residential buildings with more than two units shall be as follows:

a. Eighty percent of the SDC applicable to one residential equivalent (RE) per dwelling unit for three or more bed/bonus room units;

b. Seventy percent of the SDC applicable to one residential equivalent (RE) per dwelling unit for two bed/bonus room units;

c. Sixty percent of the SDC applicable to one residential equivalent (RE) per dwelling unit for one bed/bonus room unit;

d. Fifty percent of the SDC applicable to one residential equivalent (RE) per dwelling unit for studio/efficiency units.

E. Sewer SDCs shall not be applicable to an accessory dwelling unit (ADU) permitted pursuant to BLMC 18.22.090, so long as a second connection to the city’s sewer system is not required by applicable codes or requested by the owner. If an ADU is platted, sold independently, or otherwise segregated from the property, and no SDC had been paid for the ADU, the owner of the ADU shall pay the SDC applicable at the time of sale or segregation. If a reduced SDC was paid for the ADU, the owner of the ADU shall pay the difference between that reduced SDC and the SDC applicable at the time of segregation.

F. Nonresidential SDCs.

1. SDCs shall be levied for each new sewer service connection to the city sewer system and for service upgrades generating additional flow or loading.

2. SDCs for existing nonresidential uses that convert from septic to sewer shall be based on the most recent 12 months of water use records. The following formula shall be used to determine the number of REs an existing building is equivalent to: (average daily water use plus 113 gallons per day) divided by 275 gallons per day.

3. Connection charges for new nonresidential construction shall be the calculated residential equivalents based on the residential equivalent value given in Schedule A, Nonresidential Sewer Equivalents, which is hereby incorporated by reference as now or hereafter amended.

4. Sewer connection charges for new tenant improvements shall be the calculated residential equivalents based on the residential equivalent value listed in Schedule A. If a former tenant or building owner paid a connection charge for the space a new tenant is occupying, the new tenant shall be charged only that portion of the connection charge which reflects the increased use over the previous tenant(s), based upon the business types of the new and previous tenant found in Schedule A; provided, however, that once a connection charge has been paid for the original connection and the first and second tenant improvements in the same space, there shall be no additional connection charges assessed thereafter for subsequent tenant improvements. Connection charges shall not be charged for tenant improvements which are accessory to the primary use of the structure, less than 2,000 square feet in size, and have an occupancy load of less than 50 occupants.

5. The calculation of residential equivalents given in Schedule A, Nonresidential Sewer Equivalents, and attached to the ordinance codified in this section, shall be updated annually as needed.

6. In addition to the connection fee for nonresidential uses provided in this subsection, there shall be a surcharge of $2,568 for each residential equivalent (RE) connection to the sewer system within the Fennel Creek sewer lift station service area, as shown on Exhibit “A” attached to the ordinance codified in this section and on file in the office of the city clerk.

7. Sewer SDC Exemptions for City Facilities.

a. Existing City Facilities. New sewer connections installed by the city in existing city parks and other existing city facilities shall be exempt from paying SDCs.

b. New or Expanded City Facilities. Facilities built to provide sewer system services shall be exempt from paying sewer SDCs.

G. Sewer Availability Certificate. The following fee schedule applies to complete sewer availability forms for submission to Pierce County or other entities or jurisdictions.

1. No modeling or analysis required: $100.00.

2. Sewer flow modeling or analysis: $700.00. (Ord. 1613 § 1, 2019; Ord. 1577 § 2, 2017; Ord. 1557 § 1, 2016; Ord. 1517 § 2, 2015; Ord. 1493 § 2, 2014; Ord. 1477 § 3, 2014; Ord. 1230 § 21, 2007; Ord. 1221 § 4, 2007; Ord. 1207 § 1, 2006; Ord. 1094 § 2, 2005; Ord. 1083 § 2, 2004; Ord. 968 § 2, 2002; Ord. 919 § 2, 2001; Ord. 787 §§ 1, 2, 1998; Ord. 571C § 1, 1992; Ord. 561 Art. VIII § 3, 1985).

13.12.105 Calculation of nonresidential sewer connection charges.

Repealed by Ord. 1477. (Ord. 1423 § 1, 2012; Ord. 1395 § 1, 2011; Ord. 571C § 4, 1992).

13.12.108 Changed conditions – Increased wastewater flows, BOD or S.S.

Except as provided under subsection C of this section, the city shall have the right to charge an owner of a parcel of property already connected to the city sewer system an additional connection charge and increase the monthly sewer service charge if:

A. Wastewater flows disposed of into the city sewer system have increased above originally paid-for flows.

B. BOD and/or S.S. are found to be greater than 250 mg/l and 250 mg/l, respectively.

C. Once a connection charge has been paid for the original connection and the first tenant improvement, an additional connection charge may be required for the next tenant improvement to the same space if wastewater flows are projected to increase above the previously paid-for flows. Thereafter, there shall be no additional connection charges. (Ord. 1423 § 2, 2012; Ord. 571C § 5, 1992).

13.12.110 Charges become lien on property – Enforcement.

All charges for sanitary sewage disposal service and for connections with the sewerage system, together with the penalties and interest thereon as provided in this article, shall be a lien upon the property upon which such connection is made or sewage disposal service is furnished, superior to all other liens or encumbrances except those for general taxes and special assessments. Enforcement of such lien or liens shall be in the manner provided by law for the enforcement of the same and for delinquent sewage disposal service charges. (Ord. 561 Art. VIII § 4, 1985).

13.12.120 Late payment – Penalty and discontinuance of service.

Repealed by Ord. 1151. (Ord. 768 § 3, 1998; Ord. 561 Art. VIII § 5, 1985).

13.12.125 Sewer bills – Payment and collection.

Repealed by Ord. 1151. (Ord. 768 § 6, 1998).

Article III. Sewer Connections Mandatory

13.12.130 Sewer connections mandatory.

A. Sewer Connections Mandatory. All new development must connect to the public sewer system unless an exception or special provision in this section has been met.

B. Exception for Single-Family Residential and Duplex. Where a public sanitary sewer is over 200 feet from a lot of record (as measured along centerline of right-of-way or easement from end of sewer main to intersection of right-of-way centerline and extension of the nearest property line), a private wastewater disposal system may be installed in conjunction with the construction of an individual single-family home or duplex if the Tacoma-Pierce County health department has issued a permit for the private wastewater disposal system.

C. Limits on Use of Private Wastewater Disposal Systems. Where a private wastewater disposal system predates the enactment of this section or has been permitted pursuant to subsection B of this section, the private wastewater disposal system may be used so long as it is functioning properly; provided, that:

1. When a gravity public sewer main with a side sewer connection has been installed in any street, alley, or right-of-way abutting the property line, the property must connect to the public sewer at the time of sale or substantial improvement as defined in BLMC 16.20.030; and

2. When a public sewer main has been installed to or across the property line, the property must connect to the public sewer if the private wastewater disposal system fails or requires replacement;

3. If a property is not connected to the public sewer at the time a connection is required under this section, the city shall levy penalties in an amount equivalent to such charges that would be levied if said property were connected, pursuant to RCW 35.67.190.

D. Special Conditions for Eastown Zoning District. Properties within the Eastown zoning district may continue to use existing private wastewater disposal systems for existing or changed uses and may install new private wastewater disposal systems in conjunction with changes of use or new construction. The Tacoma-Pierce County health department must issue a permit for all private wastewater disposal systems. Applicants for development approvals or permits, including but not limited to site plan approvals, building permits, tenant improvements, and certificates of occupancy, shall, at the time of permitting, execute an agreement with the city containing the following provisions:

1. A covenant, which shall run with the land and bind future owners of the property, to connect to public sewer service within one year of when sewer service becomes available. For purposes of this section, sewer service is available when an active public sewer main reaches the property line or is within 250 feet of the property line;

2. An agreement that system development charges and related charges, latecomer fees, and monthly sewer fees shall be due at the time public sewer service becomes available, and that unpaid charges will become a lien on the property;

3. An agreement to install public sewer infrastructure required by then current Bonney Lake Municipal Code, including dry lines located in a public sewer easement, at the time of temporary septic system construction;

4. An agreement that if future construction increases the sewer capacity required by the property, additional system development charges shall be paid;

5. A requirement to decommission the private wastewater disposal system at the time of sewer connection.

E. Financial Hardship. When connection to the sewer system becomes mandatory, an applicant may apply to the city to pay the sewer SDC on an installment payment plan. The application shall state that paying the SDC poses a financial hardship. The city may permit the applicant to pay the charge in monthly or annual installments (not both) for a period of not more than five years. An interest rate, as determined by the city’s chief financial officer based on the current rate of return the city would receive otherwise, will be charged on the balance owing to the city. If the property is sold prior to full payment of the entire obligation, the entire remaining balance of the sewer SDC plus interest shall be due and payable at the time of sale. Any past-due installments and any remaining balance that are not paid at the sale will become a lien on the property. Payment plans shall not be allowed if payment of the sewer SDC becomes mandatory in accordance with subsection (C)(1) of this section. (Ord. 1599 § 1, 2018; Ord. 1590 § 1, 2018; Ord. 1560 § 1, 2016; Ord. 1477 § 5, 2014; Ord. 1453 § 3, 2013).

13.12.140 Permit – Required.

Repealed by Ord. 1453. (Ord. 561 Art. III § 2, 1985).

13.12.150 Connection to public system required – When.

Repealed by Ord. 1453. (Ord. 1446 § 2, 2012; Ord. 1288 § 1, 2008; Ord. 892 § 6, 2001; Ord. 561A § 1, 1987; Ord. 561 Art. III § 3, 1985).

13.12.160 Sanitary operation.

The owner(s) shall operate and maintain the private wastewater disposal facilities in a sanitary manner at all times, at no expense to the city, in compliance with Pierce County health department regulations. (Ord. 561 Art. III § 4, 1985).

Article IV. Building Sewers and Connections

13.12.170 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. (Ord. 561 Art. IV § 1, 1985).

13.12.180 Permit – Classes.

There are two classes of building sewer permits; one for residential and commercial service; and the other, for service to establishments producing industrial wastes. In either case, the owner or his agent shall make application on a special form furnished by the city. The permit application shall be supplemented by any plans, specifications or other information deemed pertinent in the judgment of the public works director. A permit and inspection fee for a residential or commercial building sewer permit, or an industrial building sewer permit shall be paid to the city at the time the application is filed. The amount of the fee shall be set by council resolution. (Ord. 561 Art. IV § 2, 1985).

13.12.190 Owner to bear costs of construction.

All costs and expense incident to the installation and connection of a building sewer and service connection 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 and service connection. (Ord. 561 Art. IV § 3, 1985).

13.12.200 Use of old building sewers.

Old building sewers may be used in connection with new buildings only when they are found on examination and test by the public works department to meet all requirements of this chapter. (Ord. 561 Art. IV § 4, 1985).

13.12.210 Construction to comply with standard specifications.

The size, slope, alignment, materials of construction of a building sewer and service connection 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. In the absence of code provisions or in amplification thereof, the materials and procedures set forth in appropriate specifications of ASTM and WSDOT/APWA Standard Specifications, current edition, shall apply. (Ord. 561 Art. IV § 5, 1985).

13.12.220 Construction to be below basement floor.

Whenever possible, the building sewer shall be brought to the building at an elevation below the basement floor. In all buildings in which any building drain is too low to permit gravity flow to the public sewer, sanitary sewage carried by such building drain shall be pumped by an approved means and discharged to the building sewer. (Ord. 561 Art. IV § 6, 1985).

13.12.230 Surface runoff or groundwater connections prohibited.

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. 561 Art. IV § 7, 1985).

13.12.240 Connection to comply with standard specifications.

The connection of the building sewer into the public sewer shall conform to the requirements of the building and plumbing codes or other applicable rules and regulations of the city, or the procedures set forth in appropriate specifications of the ASTM and the WSDOT/APWA Standard Specifications, current edition. All such connections shall be made gastight and watertight and a minimum of six inches in diameter. Any deviation from the prescribed procedures and materials must be approved by the director of public works before installation. (Ord. 561 Art. IV § 8, 1985).

13.12.250 Inspection prior to connection.

The applicant for the building sewer permit shall notify the public works department when the building sewer is ready for inspection and connection to the public sewer. The connection to the public sanitary sewer shall be made under the supervision of the public works director or his designee. (Ord. 561 Art. IV § 9, 1985).

13.12.260 Barricades and lighting of excavations.

All excavations for building sewer and service connection installation shall be adequately guarded with barricades and lights so as to protect the public from hazard, in accordance with the Manual of Uniform Traffic Control Devices. Streets, sidewalks, parkways and other public property disturbed in the course of the work shall be restored in a manner satisfactory to the city. (Ord. 561 Art. IV § 10, 1985).

Article V. Improper Use of Public Sewers

13.12.270 Discharge of surface runoff and stormwaters.

No person shall discharge or cause to be discharged any stormwater, surface water, groundwater, roof runoff, subsurface drainage, uncontaminated cooling water or unpolluted industrial process waters to any sanitary sewer. (Ord. 561 Art. V § 1, 1985).

13.12.280 Stormwater to be discharged into storm sewers.

Stormwater and all other surface and groundwater drainage shall be discharged to such sewers specifically designated 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 director of public works and the State of Washington Department of Ecology to a storm sewer or a natural outlet. (Ord. 561 Art. V § 2, 1985).

13.12.290 Prohibited wastewater discharges.

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

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

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

C. Any waters or wastes having a pH lower than 6.0, or having any other corrosive property capable of causing damage or hazard to pipe, 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;

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

F. 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 degrees and 65 degrees Celsius);

G. Any garbage that has not been properly shredded. The installation and operation of any garbage grinder equipped with a motor of three-fourths horsepower (9.76 hp metric) or greater shall be subject to the review and approval of the public works department;

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

I. 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, exceed the limits established by the director of public works or Department of Ecology, for such materials;

J. Any waters or wastes containing phenols or other taste or odor-producing substances, in such concentrations exceeding limits which may be established by the engineer, 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;

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

L. Any waters or wastes having a pH in excess of 9.0;

M. Materials which exert or cause:

1. Unusual concentrations of inert suspended solids, such as, but not limited to Fullers earth, lime slurries and lime residues, or of dissolved solids, such as, but not limited to 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, in excess of 250 mg/l, or chlorine requirements in such quantities as to constitute a significant load on the sewage treatment works,

4. Unusual suspended solids in excess of 250 mg/l,

5. Unusual volume of flow or concentration of wastes constituting “slugs,” as defined in this chapter;

N. 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. 561 Art. V § 3, 1985).

13.12.300 Limitations and restrictions on discharges.

No person shall discharge or cause to be discharged the substances, materials, waters, or wastes set out in BLMC 13.12.300 if it appears likely, in the opinion of the director of public works, that such wastes can harm either the sewers, sewage lift stations, sewage treatment process or equipment, have an adverse effect on the receiving stream, or can otherwise endanger life, limb, public property or constitute a nuisance. In forming his opinion as the acceptability of these wastes, the director of public works will give consideration to such factors as to the quantities of subject wastes in relation to flows and velocities in the sewers, materials of construction of the sewers, solid sizes and flow as it affects lift stations, 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. (Ord. 561 Art. V § 4, 1985).

13.12.310 Public works director – Authority to limit or prohibit discharges.

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 BLMC 13.12.290, 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 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 the existing taxes or sewer charges under the provisions of BLMC 13.12.350.

B. If the director of public works permits the pretreatment or equalization of waste flows, the design and installation of the plants and equipment shall be subject to the review and approval of the director of public works and the State of Washington Department of Ecology, and subject to the requirements of applicable codes, ordinances and laws. (Ord. 561 Art. V § 5, 1985).

13.12.320 FOG prevention requirements.

A. Grease Interceptors Required. All commercial establishments discharging liquid waste containing grease in excessive amounts, or any flammable wastes, sand, or other ingredients that, in the opinion of the mayor or mayor’s designee as set forth in BLMC 13.12.290 and 13.12.300, are harmful, shall be required to install, operate and maintain an approved type and adequately sized grease interceptor necessary to maintain compliance with the requirements of this section. The mayor or mayor’s designee, in coordination with the public works and community development departments, shall set the parameters to determine the type of grease interceptor required for each commercial establishment. Such parameters shall be designed to ensure that commercial establishments use grease interceptors that meet the city’s grease control requirements as described in BLMC 13.12.290 and 13.12.300. The parameters shall also ensure the minimization of polar and non-polar fats, oils and greases in amounts that cause a visible sheen on the discharge or in the public sewer system; the build-up of grease in any public sewer facility; accumulations either alone or in combination with other discharges that cause obstruction of the public sewer system; and any water or waste which contains more than 100 parts per million by weight of fats, oils and grease as measured using analytical procedures established in 40 CFR Part 136.

B. Best Management Practices Required. All commercial establishments discharging FOG are required to implement best management practices (BMPs) to reduce the quantity of fats, oil and grease discharged to the sanitary sewer collection system. The mayor or mayor’s designee shall develop guidelines on best management practices, and shall make said guidelines available to regulated establishments.

C. FOG Control Program. All commercial establishments discharging FOG are required to submit and adhere to a FOG control program as part of the business license application process. The goal of the program is to implement reasonable and technically feasible controls of free-floating FOG. The basic components of the program shall include:

1. A written program articulating management and corporate support for the plan and a commitment to implement planned activities and achieve established goals through the implementation and enforcement of best management practices;

2. A description of the facility type and a summary of the products made and/or service provided;

3. Quantities of fats, oils and grease brought into the facility, amounts contained in the product, and quantities discharged to the sanitary sewer;

4. A description of current reduction, recycling, and treatment activities. This includes a description of the type and capacity of pretreatment equipment used to collect FOG prior to discharge into the city sewer system;

5. Schematics of the process areas illustrating drains, interceptors, and discharge points connected to the sanitary sewer;

6. Specific performance goals and implementation schedule; and

7. Initial training for new employees and refresher training every six months.

D. Enzymes, Bacteria and Other Agents. The direct addition into the building plumbing, grease trap or interceptor of enzymes, chemicals or other agents designed to emulsify the grease compounds is prohibited. Any attempt to modify the trap into a biological reactor by adding bacterial or microbial agents is also prohibited.

E. Grease Interceptor Standards.

1. Grease interceptors are limited to one of two types:

a. Hydromechanical grease interceptors (HGI); or

b. Gravity grease interceptors (GGI);

2. Each facility is solely responsible for the cost, installation, cleaning and maintenance of the grease interceptor;

3. Grease interceptor sizing and installation shall conform to the requirements contained in the current edition of the Uniform Plumbing Code (UPC) or other criteria as determined by the mayor or mayor’s designee on a case by case basis based on review of relevant information, including but not limited to grease interceptor performance, waste stream characteristics, facility location, maintenance needs, and/or inspection needs;

4. The minimum storage capacity of any gravity grease interceptor is 500 gallons. Supporting sizing calculations shall be submitted to the city for approval;

5. Grease interceptors shall be installed in accordance with city standard details;

6. Grease interceptors shall be installed at a location where they are easily accessible for sample collection, inspection, and cleaning and removal of retained grease;

7. Grease interceptors shall be located in the lateral line between all fixtures which may introduce grease into the sanitary sewer and the connection to the sanitary sewer collection system. Such fixtures shall include but are not limited to sinks, dishwashers, floor drains for food preparation and storage areas, mop sinks, and any other fixture which is determined to be a potential source of grease;

8. Under no condition is any commercial or noncommercial establishment or residential property allowed to discharge liquid waste containing grease, or any flammable wastes, or other harmful ingredients, in the opinion of the public works director as set forth in BLMC 13.12.290 and 13.12.300, into a stormwater system;

9. Grease interceptors shall be equipped with a sampling port at the outlet of the interceptor. Inspection tees and manholes must enable the city to monitor and test the discharge for compliance with the city’s codes and regulations;

10. Grease trap or interceptor design and sizing criteria are based on gravimetric separation for grease and solids removal.

F. Inspection. The city of Bonney Lake shall inspect grease interceptors and grease traps on both a scheduled basis and unscheduled, unannounced basis to determine whether the requirements set forth in this section are being met. Each establishment using a grease interceptor or grease trap shall allow city of Bonney Lake officials bearing proper credentials and identifications access at all reasonable times or during normal hours of operation for the purpose of inspection, observation, records examination, measurement, sampling and testing in accordance with the provisions of this section. Refusal to allow entry on site, threatening behavior, and/or refusal to schedule an appointment for entry shall constitute a violation of this section. The city shall have the right to set up on any user’s property devices necessary for conducting wastewater sampling inspection, compliance monitoring and/or metering operations. All costs for laboratory collection and analysis shall be the responsibility of the establishment. During inspection, at a minimum city officials shall consider the following:

1. Grease interceptors shall be considered out of compliance if the total volume of grease and solids displaces more than 10 percent of the effective volume of the final chamber of the interceptor. Grease interceptors must be serviced and emptied of accumulated waste content as needed in order to maintain a minimum design capability or effective volume, but not less than once every 90 calendar days;

2. Sanitary wastes shall not be introduced into the grease interceptor;

3. Any facility that has a grease interceptor shall utilize a licensed rendering/disposal company to clean the interceptor and dispose of the waste;

4. Wastes removed from a grease interceptor shall be disposed of at a facility permitted to receive such waste. Neither grease, solids nor liquids removed from grease interceptors shall be returned to any grease interceptor, private sanitary sewer line, any portion of the sanitary sewer collection system or any portion of the stormwater system;

5. All facilities shall maintain a written record of inspection and maintenance activities and the rendering/disposal company manifest for a minimum of three years. All such records shall be submitted to the city and made available for on-site inspection during all operating hours;

6. Flushing the grease interceptor with large quantities of water in an effort to cause accumulated grease to pass through is prohibited; and

7. No debris or storage units shall be stacked or placed within a three-foot radius of the grease interceptor’s access lids or sampling ports.

G. Monitoring and Reporting. Each establishment with a grease interceptor or grease trap shall retain maintenance records showing at a minimum the date of service, volume pumped, name of waste hauler, and waste disposal location for each grease removal device located on the premises. The records shall be kept a minimum of three years and provided to the city upon request.

H. Notice of Noncompliance, Compliance, and Violation. In the event that a grease interceptor or other grease removal device fails a visual or effluent sample analysis inspection, or any other condition exists that does not comply with this chapter, the user shall be given a written notice of noncompliance (NONC) and must take immediate steps to bring the grease interceptor or other grease removal device into compliance. The city-issued NONC shall set a time limit for compliance of 21 calendar days after the NONC is issued; however, the NONC time limit may be adjusted in a way that is appropriate to the nature and degree of noncompliance, the nature of the needed repairs, and whether the noncompliance creates the need for emergency repairs. The user is responsible for all associated costs to bring their grease interceptor into compliance. The city will re-inspect the grease interceptor at the conclusion of the time limit for compliance. Should the user rectify the noncompliant condition and pass their re-inspection, the user shall be issued a notice of compliance (NOC) and no further action will be necessary.

Should the user not rectify the noncompliant condition, the user shall receive a notice of violation (NOV) and fines will be assessed in the following manner:

1. First violation: $500.00 fine.

2. Second violation within 12 months of receiving the first NONC: $1,000 fine.

3. Third violation within 12 months of receiving the first NONC: $2,000 fine.

4. To encourage regular maintenance and discourage repeat violations, the third issuance of a NONC for the same or similar noncompliant condition within 12 months of receiving the first NONC shall result in a fine of $1,500, even if the violations have been corrected.

5. Fourth and subsequent violations within 12 months of receiving the first NONC: an additional fine of $4,000.

6. Termination of Service. In addition to the foregoing penalties and not in any way a limitation thereof, chronic violators may be subject to termination of water service by the city if they incur six or more NOVs in a 12-month period.

7. If an obstruction of the sanitary sewer collection system occurs that causes a sanitary sewer backup and/or overflow and such overflow is attributed in part or in whole to an accumulation of grease in the sanitary sewer main line, the city of Bonney Lake will take appropriate enforcement actions against the generator or contributor of such grease. These actions may include a civil action for recovery of all costs associated with clean-up activities and repair of any damaged facilities.

8. Any person who knowingly makes any false statements, representation, record, report, or other document filed with the city or who falsifies, tampers with or knowingly renders inaccurate any monitoring device or method required under this document is subject to administrative fines or facility closure as outlined in BLMC 1.16.010 and 1.16.020.

9. Appeals. Issuance of an NOV and penalties shall be subject to appeal. An appeal may not be filed simply because the violator does not want to pay a penalty. In order for an appeal to be filed and considered, the appellant must have a basis for appeal and be able to document that city inspectors erred in finding the establishment to be out of compliance with the standards and practices outlined in this chapter. Requests for appeal shall be in writing, addressed to the mayor or designee, submitted within 15 calendar days of the NOV or penalty, and accompanied by an appeal fee of $50.00. The request for appeal shall set forth the basis of the dispute and the facts supporting the appeal. The appeal shall be heard by the mayor or designee within 60 calendar days. After the hearing, the mayor or designee shall uphold, modify, or reverse the decision. The written decision shall be sent by certified mail to the appellant. The decision on appeal shall be final.

I. Exemptions. The mayor or mayor’s designee may approve exemptions to the procedures set forth in this section upon request by a business and upon confirmation by the director, in his sole discretion, that such exemption is warranted. Criteria for approval of such an exemption may include businesses that do not cook food on site and as a result do not generate more grease than a single-family residence does. The mayor or mayor’s designee may condition approval of an exemption upon terms that he deems appropriate under the circumstances. Any business seeking such an exemption shall submit a written request and justification to the mayor or mayor’s designee. (Ord. 1579 § 1, 2017; Ord. 1510 § 2, 2015; Ord. 1266 § 2, 2007; Ord. 561 Art. V § 6, 1985).

13.12.330 Owner to perform 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. The owners of pretreatment facilities will be required to obtain a discharge permit from the State of Washington Department of Ecology for discharge to the city’s sanitary sewer system. (Ord. 561 Art. V § 7, 1985).

13.12.340 Installation of observation facilities.

When required by the director of public works, the owner of any property serviced by a building sewer 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 flow rates and waste concentration. Such manhole, when required, shall be accessibly 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. (Ord. 561 Art. V § 8, 1985).

13.12.350 Determination of sampling and testing methods.

A. All measurements, tests and analyses of the characteristics of waters and wastes to which reference is made in this chapter shall be determined in accordance with the latest edition of Standard Methods for the Examination of Water and Wastewater, published by the American Public Health Association, and shall be determined at the control manhole provided, or upon suitable samples taken at the control manhole. In the event that no special manhole has been required, the control manhole shall be considered to be in 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. The particular analyses involved will determine whether a 24-hour composite of all outfalls of a premises is appropriate or whether a grab sample or samples should be taken. Normally, but not always, BOD5 and suspended solids analyses are obtained from 24-hour composites of all outfalls, whereas pH is determined from periodic grab samples. The individual dischargers shall be responsible for the cost of testing, either periodically and/or as requested by the city. (Ord. 561 Art. V § 9, 1985).

13.12.360 Article provisions not to limit special agreements.

No statement contained in this article 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. 561 Art. V § 10, 1985).

Article VI. Enforcement

13.12.370 Protection from damage.

No unauthorized person shall maliciously, willfully or negligently break, damage, destroy, uncover, deface or tamper with any structure, appurtenance or equipment which is a part of the sewage works. Any person violating this provision shall be guilty of a misdemeanor and in addition may be liable for damages or subject to abatement proceedings in a civil action in which the city may, in addition to its other remedies, recover a reasonable cost and attorney’s fee for bringing the action. (Ord. 561 Art. VI, 1985).

13.12.380 Violation – Penalty.

A. Unless otherwise specified any person found to be violating any provision of this chapter 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 violations.

B. Any person who shall continue any violation beyond the time limit provided for in the notice of violation shall be guilty of a misdemeanor. Each day in which any violations continue shall be deemed a separate offense.

C. Any person violating any of the provisions of this chapter shall become liable to the city for any expense, loss or damage occasioned by the city by reason of such violation and a reasonable attorney’s fee plus costs if legal action is necessary to enforce the city’s rights herein. (Ord. 1579 § 2, 2017; Ord. 561 Art. IX, 1985).

13.12.390 Extensions of sewer system – Design review – Expense.

A. If a developer or other person desires to extend the public sewer system, the developer may do so under contract with the city and at the developer’s own expense; provided, the developer can comply with all the standards and conditions and other requirements of the city.

B. All developers shall furnish the city complete plans, cost estimates and specifications for the proposed extension of sewer service. The developer may consult the city’s public works director, prior to designing a sewer system in order to expedite such design. Inspection of the construction will be by the city public works director or his designee, the cost of which shall be paid by the developer. The public works director may determine that the city will contract directly with a consultant for a review of the developer’s extension or installation plans and may bill the cost of such consultant to the developer. The public works director shall advise the applicant of the estimated costs of the inspection and review prior to the incurring of those costs; the applicant shall post bond, or otherwise ensure payment of such costs.

C. The city reserves the right to approve or reject any developer’s extension or installation. All materials shall be new and bills of materials and evidence of payment of all bills and other necessary data will be required prior to acceptance of the new sewer system extensions. Prior to acceptance by the city the developer must convey the extension to the city together with all necessary easements before actual connection. (Ord. 561B § 1, 1994).