Chapter 15.01
GENERAL PROVISIONS

Sections:

15.01.010    UTILITY OPERATIONS.

15.01.015    ENGINEERING DESIGN AND CONSTRUCTION STANDARDS UPDATES.

15.01.020    DEFINITIONS.

15.01.030    UTILITY SERVICE AGREEMENT.

15.01.040    CONDITIONS OF SERVICE - RETAIL.

15.01.050    CONDITION OF SERVICE - CONTRACT.

15.01.060    PENALTY FOR FALSE INFORMATION.

15.01.070    DEVELOPER SYSTEM IMPROVEMENT.

15.01.075    LOCAL IMPROVEMENT DISTRICTS.

15.01.080    DEVELOPER SYSTEM IMPROVEMENTS - FEES.

15.01.090    PUBLIC UTILITY CONSTRUCTION AGREEMENT.

15.01.100    DEVELOPER SYSTEM IMPROVEMENTS - REIMBURSEMENT AGREEMENTS.

15.01.110    ENGINEERING DESIGN AND CONSTRUCTION STANDARDS.

15.01.120    BONDING.

15.01.130    AUTHORITY.

Prior legislation: Ord. 4856.

15.01.010 UTILITY OPERATIONS.

It is the purpose of this title to regulate City utility operations so as to provide continued safe and reliable utility service to the residents of the City of Bremerton and to those nonresidents the City agrees to serve. It is the City’s policy to provide sufficient revenue from those served through the assessments, rates, fees, and charges set forth in Chapter 15.06 BMC to support the costs of operation, capitalization and debt service of the municipal utilities.

Municipal utilities shall include potable water, wastewater and stormwater systems, and those operations related to the efficient administration of these systems and their assets. (Ord. 5376 §1 (in part), 2019: Ord. 5250 §1 (in part), 2014: Ord. 4454 §1 (in part), 1994; Ord. 4442 §3, 1993; Ord. 4309 §2 (in part), 1991)

15.01.015 ENGINEERING DESIGN AND CONSTRUCTION STANDARDS UPDATES.

The Public Works and Utilities Director is authorized to update and revise all standards in this title as deemed appropriate. (Ord. 5376 §1 (in part), 2019: Ord. 5250 §1 (in part), 2014: Ord. 5209 §1, 2013)

15.01.020 DEFINITIONS.

The terms used in this title shall mean the following, except where the context otherwise requires:

(a)    Definitions "A":

"Active account" shall mean an account that has an active water meter in place and/or active rate codes as applicable.

"Active water service" shall mean that the service line at the location is functional.

"AKART" shall mean all known, available, and reasonable methods of prevention, control, and treatment. See also the State Water Pollution Control Act, RCW 90.48.010 and 90.48.520 and WAC 173-218-030.

"As-graded" shall mean the extent of surface conditions on completion of grading.

"Average daily" shall mean the total quantity divided by the number of days of waste or stormwater discharge or water use by the typical user in a user class.

(b)    Definitions "B":

"Backflow" shall mean the flow of water or other liquids in the reverse direction, or flow of mixtures or substances into the distribution system of the public water supply from any source or sources other than the intended source.

"Backflow prevention device" shall mean a device to prevent back siphonage or flow in the reverse direction.

"Best management practices (BMPs)" means the schedules of activities, prohibitions of practices, maintenance procedures, and structural and/or managerial practices that, when used singly or in combination, prevent or reduce the release of pollutants and other adverse impacts to waters of Washington State.

"BOD (biochemical oxygen demand)" means an indirect measure of the concentration of biologically degradable materials present in organic wastes. The amount of free oxygen utilized by aerobic organisms when allowed to attack the organic material in an aerobically maintained environment at a specified temperature (twenty (20) degrees centigrade) for a specific time period (five (5) days), and thus stated as BOD5. It is expressed in milligrams of oxygen utilized per liter of liquid waste volume (mg/L) or in milligrams of oxygen per kilogram of waste solution (mg/kg = ppm = parts per million parts). Also called "biological oxygen demand."

"Bulkhead" shall mean a seawall or rock embankment constructed along the waterfront to protect the land behind it from erosion by waves and tidal action of the sea.

(c)    Definitions "C":

"Capital costs" shall mean the total costs of physical system improvements (exclusive of repair and replacement costs covered under operation and maintenance costs), including, but not limited to, the costs of direct construction, engineering, financing, legal fees, real estate, right-of-way, debt service, and other costs associated with such improvements.

"City" means City of Bremerton.

"Clearing" shall mean the destruction and removal of vegetation by manual, mechanical, or chemical methods. This definition shall include grubbing vegetation.

"Clearing and grading permit" shall mean the written approval of the City of Bremerton Building Inspector to proceed with the act of clearing property within the City limits of Bremerton. The clearing and grading permit includes the associated approved plans and any conditions of approval as well as the permit form itself.

"Combined sewer" shall mean a sewer intended to convey sanitary sewage, industrial wastes, and storm and surface water in a single system.

"Commercial I" shall mean any user whose business or nonresidential wastewater discharges whose total suspended solids and biochemical oxygen demand is less than two hundred one (201) mg/L.

"Commercial II" shall mean any user whose business or nonresidential wastewater discharges whose total suspended solids and biochemical oxygen demand ranges from two hundred one (201) to four hundred (400) mg/L.

"Commercial III" shall mean any user whose business or nonresidential wastewater discharges whose total suspended solids and biochemical oxygen demand ranges from four hundred one (401) to six hundred (600) mg/L.

"Commercial IV" shall mean any user whose business or nonresidential wastewater discharge whose total suspended solids and biochemical oxygen demand ranges from six hundred one (601) to eight hundred (800) mg/L.

"Commercial V" shall mean any user whose business or nonresidential wastewater discharge whose total suspended solids and biochemical oxygen demand ranges from eight hundred one (801) to one thousand (1,000) mg/L.

"Commercial VI" shall mean any user whose business or nonresidential wastewater discharge whose total suspended solids and biochemical oxygen demand ranges from one thousand one (1,001) to one thousand two hundred (1,200) mg/L.

"Commercial VII" shall mean any user whose business or nonresidential wastewater discharge whose total suspended solids and biochemical oxygen demand ranges from one thousand two hundred and one (1,201) to one thousand eight hundred (1,800) mg/L.

"Commercial account with high conductivity" shall mean an account that discharges conductivity greater than (>) 6.0 mS/cm for any interval equal to or exceeding five (5) minutes three (3) times during any thirty (30) day period. The account will be billed the commercial special rate as published in the City of Bremerton utility rates and fee schedule.

"Commercial agriculture" shall mean those activities conducted on lands defined in RCW 84.34.020(2), and activities involved in the production of crops or livestock for wholesale trade. An activity ceases to be considered commercial agriculture when the area on which it is conducted is proposed for conversion to a nonagricultural use or has lain idle for more than five (5) years, unless the idle land is registered in a federal or state soil conservation program, or unless the activity is maintenance of irrigation ditches, laterals, canals, or drainage ditches related to an existing and ongoing agricultural activity.

"Commercial business with living units" shall mean a business with residential living units attached; the utility rates will be based on the business type and the number of residential units.

"Commercial property" shall mean a parcel of property which is developed for nonresidential purposes.

"Commercial special" shall mean any user whose business or nonresidential wastewater discharge whose total suspended solids (TSS) and biochemical oxygen demand (BOD) exceeds one thousand eight hundred (1,800) mg/L and/or has a conductivity discharge greater than (>) 6.0 mS/cm. These users will be charged for wastewater services on the basis of their specific discharge, which provides equitable recovery of the City’s cost of conveying, owning, operating, and maintaining the wastewater treatment system, rather than average class strength.

"Condominium (condo)" shall mean an apartment that is individually owned but the land is jointly owned by all homeowners.

"Conductivity" shall mean the measurement of electrical conductivity as an indicator of water quality. Conductivity data can determine concentration of solutions, detect contaminants and determine the purity of water. A conductivity sensor measures conductivity by AC voltage applied to nickel electrodes. These electrodes are placed in a water sample (or other liquid), where the current flows through the electrodes and the sample. Current level has a direct relationship with the conductivity of the solution. The basic unit of conductivity is the Siemens (S), sometimes referred to as mho. Since cell geometry affects conductivity values, standardized measurements are expressed in specific conductivity units (S/cm) to compensate for variations in electrode dimensions. Conductivity measurements, along with temperature, also allow for salinity values to be calculated through algorithms.

"Connection fee" shall mean charges made for connection to the utility system. The connection fees will include the costs of tapping the water main, sewer main or storm main, installing the service and meter, restoring the surface, and all other costs associated with the physical connection of the customer system to the City utility system.

"Construction charge and special fees" shall mean those charges made by the City to cover its unreimbursed construction costs for installing special facilities not covered by connection fees and general facility fees.

"Contract user" shall mean any user who, by virtue of the amount, strength, or location of its discharge or the conditions of service, requires a contractual basis for service to be equitably served.

"Creek" shall mean those areas where surface waters flow sufficiently to produce a defined channel or bed. A defined channel or bed is indicated by hydraulically sorted sediments or the removal of vegetative litter or loosely rooted vegetation by the action of moving water. The channel or bed need not contain water year around. This definition is not meant to include stormwater runoff devices or other entirely artificial watercourses unless they are used to store and/or convey pass-through stream flows naturally occurring prior to construction.

"Critical area" shall mean any area designated as a critical area pursuant to RCW 36.70A.170 and Chapter 20.14 BMC.

"Cross connection" shall mean any physical arrangement whereby the City water system is connected, directly or indirectly, with any other water supply system, sewer, drain, conduit, pool, storage reservoir, plumbing fixture, or other device which contains or may contain contaminated water, sewage, or other waste or liquids of unknown or unsafe quality that may be capable of imparting contamination to the City water system as a result of backflow. Bypass arrangements, jumper connections, removal sections, swivel or changeover devices, and other temporary or permanent devices through which or because of which backflow could occur are considered to be cross connections.

"Cubic feet (CF)" shall mean cubic feet of measure.

(d)    Definitions "D":

"Deactivated meters" shall mean utility accounts where the customer requests the water meter to be shut off and locked, and the water/wastewater services and associated billings be temporarily suspended. The account will continue to be billed for stormwater.

"Degradation" shall mean deterioration of an area including, but not limited to, impacts such as sedimentation, erosion, and loss of shading, light, and noise.

"Department" shall mean the Department of Public Works and Utilities, unless otherwise identified.

"Developed lot" shall mean a lot or parcel of land upon which a structure(s) is located, which cannot be more intensively developed pursuant to the Bremerton zoning code, and which cannot be further subdivided pursuant to City subdivision regulations.

"Development" shall mean any new development and/or redevelopment activity that requires federal, state, or local approval for the use or modification of land or its resources. These activities include, but are not limited to, subdivision and short subdivisions; binding site plans; planned unit developments; variances; shoreline substantial development; clearing activity; excavation; embankment; fill and grade work; converting fallow land or undeveloped land to agricultural purposes; activity conditionally allowed; building or construction; revocable encroachment permits; and septic approval.

"Development area" shall mean an area where the movement of earth or a change in the existing soil cover (both vegetative and nonvegetative) and/or the existing soil topography occurs as a result of an applicant’s development plans.

"Director" shall mean the Director of Public Works and Utilities or any other duly authorized representative designated by the Director as the person responsible for technical direction of this code, unless otherwise identified.

"Driveway drain" shall mean a drain typically located below street grade at the bottom of a sloped driveway.

"Duplex" shall mean a residential unit containing two (2) separate dwelling units with any configuration or two (2) dwelling units located on one (1) parcel.

(e)    Definitions "E":

"Earth" shall mean the natural mineral and organic material forming the soil and its underlying substance. For the purposes of this chapter, earth shall include sand, gravel, and ledge rock.

"Ecology" shall mean the Washington State Department of Ecology.

"Emergency" shall mean a situation demanding immediate action with threat to life, property or environment.

"Engineered fill" shall mean soil fill, which is wetted or dried to near its optimum moisture content, placed in lifts of twelve (12) inches or less and each lift compacted to a minimum percent compaction as specified by a geotechnical engineer.

"Engineering Design and Construction Standards" shall mean the City of Bremerton’s Standards for Work in Rights-of-Way.

"Equivalent residential unit (ERU)" shall mean a unit of measurement equivalent to an average single-family residence. This measurement shall be used to determine sewer general facility charges. ERUs cannot be transferred from one property or account to another property or account.

"Excavate" shall mean the mechanical removal of earth material, including soil, sand, gravel, rock, concrete or asphalt.

"Existing service" shall mean a functioning water service line or sewer lateral that is physically located at the parcel.

"Existing site conditions" shall mean:

For developed sites with stormwater facilities that have been constructed to meet the standards in the minimum requirements of the ordinance codified in this title, "existing site conditions" shall mean the existing conditions on the site;

For developed sites that do not have stormwater facilities that meet the minimum requirements, "existing site conditions" shall mean the conditions that existed prior to local government adoption of the ordinance codified in this section. If in question, the existing site conditions shall be documented by aerial photograph records, or other appropriate means;

For all sites in water quality sensitive areas, "existing site conditions" shall mean undisturbed forest for the purpose of calculating runoff characteristics; and/or

For all undeveloped sites outside of water quality sensitive areas, "existing site conditions" shall mean the existing conditions on the site.

"Expanded service" shall mean the increase in water and wastewater service based on the addition in number of services or increase in size in water meter(s) serving the customer or the increase in stormwater service based on impervious/hard surface units.

"Extended main" shall mean a privately financed water, wastewater or stormwater main constructed with the written approval of the Director.

(f)    Definitions "F":

"Fats, oils and greases" means 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."

"Fill" means a deposit of earth material placed by artificial means to increase the ground surface elevation or to replace excavated material.

"Food" means any raw, cooked, or processed edible substance, ice, or ingredient used or intended for use or sale in whole or in part for consumption.

"Food processing establishment (FPE)" means a commercial establishment in which food is manufactured or packaged for consumption.

"Food sales establishment (FSE)" means retail and wholesale grocery stores, retail seafood stores, food processing plants, bakeries, confectioneries, fruit, nuts and vegetable stores and places of business and similar establishments, mobile or permanent, engaged in the sale of food primarily for consumption off premises.

"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 Kitsap County Department of Health. 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.

"Force main" shall mean a sanitary sewer pressurized pipe system used to transfer wastewater from a sewer lift station to the wastewater treatment facility.

"Fourplex" shall mean a residential unit containing four (4) separate dwelling units with any configuration or four (4) dwelling units located on one (1) parcel.

(g)    Definitions "G":

"General facilities charges (GFC)" shall mean the charge established to reflect the proportionate cost share for existing source, treatment, distribution, transmission, collection, interception, and storage facilities that will be paid on all new and/or expanded utility connections to the City utility.

"Geologically hazardous areas" shall mean areas as defined in the City’s critical areas ordinance and includes areas that because of their susceptibility to erosion, sliding, earthquake or other geological events are not suited to the siting of commercial, residential or industrial development consistent with public health or safety concerns.

"Geotechnical engineer" shall mean a professional engineer currently registered in the State of Washington, qualified by reason of experience and education in the practice of geotechnical engineering, and designated by the owner as the geotechnical engineer of record for the project.

"Grading" shall mean the movement of earth material through mechanical or other means to create the finished surface and contour of a project site.

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

"Grease interceptor" means an interceptor of at least two hundred fifty (250) gallon capacity whose rated flow exceeds fifty (50) gallons per minute (gpm) to serve one (1) or more fixtures and which is remotely located underground and outside of a food service facility. It is designed to collect, contain or remove food wastes and grease from the waste stream while allowing the balance of the liquid waste ("gray water") to discharge to the wastewater collection system by gravity.

"Grease trap" means a device located inside a food service facility designed to retain grease from one (1) to a maximum of four (4) fixtures whose rated flow is fifty (50) gallons per minute (gpm) or less. It is designed to collect, contain or remove food wastes and grease from the waste stream while allowing the balance of the liquid waste to discharge to the wastewater collection system by gravity or mechanical means.

"Grinder pump" shall mean a system that takes liquid wastes from a home/business and pumps the waste to the City’s sewage conveyance system, located in the public right-of-way. The grinder pump system includes a pump, pump basin, piping, and electrical controls.

"Ground cover" shall mean a dense covering of small plants and grasses with a trunk or stem size less than four (4) inches in diameter and which normally covers the ground.

"Ground water" shall mean water in a saturated zone or stratum beneath the surface of land or a surface water body.

"Grubbing" shall mean the act of removing vegetation by the roots.

(h)    Definitions "H":

"Hard surface" means an impervious surface, a permeable pavement, or a vegetated roof.

"Hazardous materials" means any material, including any substance, waste, or combination thereof, which because of its quantity, concentration, or physical, chemical, or infectious characteristics may cause, or significantly contribute to, a substantial present or potential hazard to human health, safety, property or the environment when improperly treated, stored, transported, disposed of, or otherwise managed.

"Health Officer" shall mean the Kitsap Health District Health Officer or designee.

"Hundred cubic feet (HCF)" shall mean hundred cubic feet of measure.

"Hyperchlorinated" means water that contains more than ten (10) mg/L chlorine.

(i)    Definitions "I":

"Illicit connection" means any manmade conveyance that is connected to the stormwater system without a permit, excluding roof drains and other similar type connections. Examples include sanitary sewer connections, floor drains, channels, pipelines, conduits, inlets, or outlets that are connected directly to the municipal separate storm sewer system.

"Illicit discharge" means any direct or indirect nonstormwater discharge to the City’s storm drain system, except as expressly exempted by this chapter.

"Impervious/hard surface unit (IHSU) (ISU)" shall mean a configuration or conglomeration of impervious surface. One (1) impervious surface unit (IHSU) is equivalent to two thousand five hundred (2,500) square feet of impervious surface area.

"Improper stormwater inflow" or "improper connection" shall mean any kind of stormwater connection or inflow to the wastewater system prohibited by this chapter including, but not limited to: roof drains, parking lot drains, curtain drains, driveway drains and sump pumps.

"Improved premises" shall mean any area which has been altered such that the runoff from the site is greater than runoff prior to development.

"Inactive account" shall mean an account that has no current usage, billing or payment activity.

"Inactive water service" shall mean that the water meter for the service location has not registered any noticeable consumption. Some of the reasons for inactivity would be by a customer’s request, shutoff for nonpayment, requested deactivation or the water meter has been removed for nonusage.

Industrial User. (See "Commercial special.")

"Infiltration" shall mean ground water entering the wastewater or stormwater system through open pipe joints, cracks in manhole walls, and cracked pipe.

"Infiltration (stormwater)" shall mean the downward movement of water from the surface to the subsoil.

"Inflow" shall mean rainwater or other clean water that enters the wastewater system through roof leader connections, catch basins, yard and foundation drains, perforated manhole covers, and other openings to the wastewater system.

(j)    Reserved.

(k)    Reserved.

(l)    Definitions "L":

"Lakes" shall mean natural or artificial bodies of water of two (2) or more acres and/or where the deepest part of the basin at low water exceeds two (2) meters (6.6 feet). Artificial bodies of water with a recirculation system approved by the Public Works Department are not included in this definition.

"Land development permit" shall mean a preliminary or final plat for a single-family residential development; a building permit; site plan; preliminary or final planned unit development plan.

"Low impact development (LID)" shall mean a stormwater and land use management strategy that strives to mimic predisturbance hydrologic processes of infiltration, filtration, storage, evaporation and transpiration by emphasizing conservation, use of on-site natural features, site planning, and distributed stormwater management practices that are integrated into a project design.

(m)    Definitions "M":

"Mechanical equipment" shall mean all motorized equipment used for earth moving, trenching, excavation, gardening, landscaping, and general property maintenance exceeding twelve (12) horsepower in size.

"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 wastewater system.

"Multifamily units" shall mean a parcel of property which has been legally developed with more than two (2) residential living units.

"Municipal separate storm sewer system (MS4)" means a conveyance or system of conveyances, including roads with drainage systems, municipal streets, catch basins, curbs, gutters, ditches, manmade channels, or storm drains, which are:

(1)    Owned or operated by the City of Bremerton;

(2)    Designed or used for collecting or conveying stormwater; and

(3)    Not part of a publicly owned treatment works (POTW) and not a combined sewer.

(n)    Definitions "N":

"Native growth protection easement (NGPE)" shall mean an easement granted for the protection of native vegetation within a sensitive area or its associated buffer. The NGPE shall be recorded on the appropriate documents of title and filed with the Kitsap County Assessor’s Office.

"Natural location" shall mean the location of those channels, swales, and other nonmanmade conveyance systems as defined by the first documented topographic contours existing for the subject property, either from maps or photographs, or such other means as appropriate. In the case of outwash soils with relatively flat terrain, no natural location of surface discharge may exist.

"New development" shall mean land disturbing activities, including Class IV - general forest practices that are conversions from timber land to other uses; structural development, including construction or installation of a building or other structure; creation of hard surfaces; and subdivision, short subdivision and binding site plans, as defined and applied in Chapter 58.17 RCW. Projects meeting the definition of redevelopment shall not be considered new development.

"Nonpolar (mineral origin)" means any water or waste which contains more than one hundred (100) parts per million (1,000,000) by weight of fat, oil or grease as measured using analytical procedures established in 40 CFR Part 136.

"Nonstormwater discharge" shall mean any discharge to the storm drain system that is not composed entirely of stormwater.

"Notice of intent for construction activity" means the application form for coverage under the construction stormwater general permit.

(o)    Definitions "O":

"Occupied property" shall mean real property on which a structure exists that is being served and being billed by an existing or temporary utility service.

"Open space" shall mean land set aside for public or private use within a development that is not built upon.

"Operation and maintenance costs (O&M costs)" shall mean the total cost of operating and maintaining the utility system, including, but not necessarily limited to, costs for labor, supplies and materials, utility services, vendor services, equipment usage, testing, taxes and assessments.

"Outfall" shall mean point source as defined by 40 CFR 122.2 at the point where a discharge leaves the permittee’s MS4 and enters a surface receiving water body or surface receiving waters. Outfall does not include pipes, tunnels, or other conveyances which connect segments of the same stream or other surface waters and are used to convey primarily surface waters (i.e., culverts).

(p)    Definitions "P":

"Parcel" shall mean a distinct tract, section, or plot of a piece of land, usually a division of a larger area.

"Parking lot drain" shall mean any drain or catch basin that collects stormwater runoff located within the confines of a parking lot such as those in pay parking lots, apartment complexes, shopping centers, etc.

"Partially developed lot" shall mean a lot or parcel of land upon which a structure is located and which is of sufficient area so as to be capable of accommodating additional development pursuant to the Bremerton zoning code; or which may be subdivided in accordance with the City of Bremerton subdivision chapter.

"Permeable" shall mean soil or other material that allows the infiltration or passage of water or other liquids.

"Permeable pavement" shall mean pervious concrete, porous asphalt, permeable pavers, gravel pave, or other forms of structural pervious or porous paving material intended to allow passage of water through the pavement section. It often includes an aggregate base that provides structural support and acts as a stormwater reservoir.

"Permit" shall mean a written legal authorization to conduct an action.

"Person" shall mean any individual, association, organization, partnership, firm, corporation or other entity recognized by law and acting as either the owner of a premises or as the owner’s agent.

"Pervious surface" shall mean any surface material that allows stormwater to infiltrate into the ground. Examples include lawn, landscape, pasture, native vegetation areas, and permeable pavements.

"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.

"Pollution" shall mean contamination or other alteration of the physical, chemical, or biological properties of waters of the state, including change in temperature, taste, color, turbidity, or odor of the waters, or such discharge of any liquid, gaseous, solid, radioactive or other substance into any waters of the state as will or is likely to create a nuisance or render such waters harmful, detrimental or injurious to the public health, safety or welfare, or to alter the ecosystem so as to endanger domestic, commercial, industrial, agricultural, recreational, or other legitimate beneficial uses, or to livestock, wild animals, birds, fish or other aquatic life. Further defined in the Washington State Surface Water Quality Standards (Chapter 173-201A WAC), Ground Water Quality Standards (Chapter 173-200 WAC), Sediment Management Standards (Chapter 173-204 WAC), or human health-based criteria in the national Toxics Rule (Federal Register, Vol. 57, No. 246, Dec. 22, 1992, pages 60848-60923).

"Pre-treatment" shall mean any physical, chemical or biological process to remove, neutralize or modify one (1) or more constituents of a waste stream prior to discharge into the public sewers. Pre-treatment may be required to prevent deposition or adherence of substance within the public sewers; to eliminate hazardous exposures of maintenance crews or the public to toxic, noxious or flammable substances; to prevent cumulative or shock loadings that might interfere with the normal performance of treatment processes; to remove substances that are present in sufficient concentration to interfere with the advantageous use of treated sewage sludge as an agricultural fertilizer or soil amendment.

"Premises" shall mean a single tract of land, building, or portion of a building under a single control and ownership.

"Pressure line" shall mean a sanitary sewer through which wastewater must be forced by pumping or gravity pressure to a point of collection.

"Public utilities construction agreement (PUCA)" shall mean an agreement between the City, the developer, and the developer’s contractor to construct utility improvements to serve a proposed development.

"Publicly owned treatment works (POTW)" shall mean any device or system used in treatment of municipal sewage or industrial wastes of a liquid nature which is publicly owned.

(q)    Reserved.

(r)    Definitions "R":

"Redevelopment" means conversion of an existing development to another land use, or addition of a material improvement to an existing development.

"Reimbursement agreement" shall mean an agreement entered into between the installer of a utility facility and the City for the purpose of reimbursing the installer for all or part of the costs for installation or extension of the utility system by subsequent development for the facility defined in the agreement.

"Removal" shall mean the actual destruction or causing the effective destruction through damaging, poisoning or other direct or indirect actions resulting in the death of a tree or ground cover.

"Roof drains" shall mean any downspout, scupper or device that collects and conveys stormwater runoff from a roof surface.

"Routine landscape maintenance" shall mean pruning, weeding, planting annuals, mowing turf lands and ground cover management which is undertaken by a person in connection with the normal maintenance and repair of property. This definition does not include falling or topping of trees or removal of invasive plants resulting from lack of regular maintenance.

(s)    Definitions "S":

"Sanitary sewage" shall mean the liquid wastes and all constituents therein that are related to the use of such sanitation facilities, toilets, bathtubs, showers, sinks, dishwashers, washing machines, garbage grinders, and other devices. However, any other water that enters sanitary or combined sewers before or after discharge by a user shall thereafter also be called sewage. "Sewage" is essentially synonymous with the term "wastewater," except that wastewater may also contain liquid wastes discharged from industrial operations or processes.

"Sanitary sewer" shall mean only those portions of the wastewater system which are designated to carry, transport, or dispose of wastewater.

"Sedimentation" shall mean the process of gravity-induced settling, sinking and deposition of fragmented rock, soil, or organic particles displaced, transported, and deposited by erosive water-based processes.

"Septage waste" shall mean waste material pumped from an on-site wastewater disposal system such as a septic tank or cesspool or holding tank.

"Service line" shall mean a water service line constructed between the water main and the right-of-way or easement line in accordance with current Engineering Design and Construction Standards.

"Sewer lateral" shall mean a sanitary sewer constructed between the sanitary sewer main and the right-of-way or easement line in accordance with current Engineering Design and Construction Standards.

"Siltation" shall mean deposition of soil, sand, and gravel on the surface or in stormwater conveyance systems as a result of erosion in tributary areas and transport by runoff water.

"Single-family parcel or unit" shall mean a parcel which has been developed with a single-family living unit.

"Single-metered building" shall mean a building with more than one unit where the utility account is measured through a single water meter and provides service to all units and/or common areas.

"Site" shall mean the portion of a piece of property which is directly subject to development.

"Slope" shall mean the inclination of a surface expressed in a ratio of horizontal run to vertical rise measured as a numerical ratio, percent, or in degrees. Expressed as a ratio, the first number is the horizontal distance (run) and the second is the vertical distance (rise), as 2:1. A 2:1 slope is a fifty (50) percent slope. Expressed in degrees, the slope is the angle from the horizontal plane, with a ninety (90) degree slope being vertical (maximum) and forty-five (45) degrees being a 1:1 or one hundred (100) percent slope.

"Standard construction costs" shall mean the total cost of installation of a utility piping system, including the cost of all manholes, distribution system, or incidental work necessary to place the utility system in service, meeting the minimum size and installation requirements of the utility for the intended service.

"Standard gravity sanitary sewer" shall mean a sanitary trunk sewer conveying flow to a point of collection without pumping and constructed in accordance with current Engineering Design and Construction Standards.

"Standard gravity sewer connection" shall mean a connection made to a gravity trunk or lateral sanitary sewer of the City, except those City sewer lines located on the waterfront or pressure sewer line.

"Standard stormwater sewer" shall mean a stormwater line not less than twelve (12) inches in diameter and constructed in accordance with current Engineering Design and Construction Standards.

"Standard water main" shall mean a water distribution line constructed in accordance with current Engineering Design and Construction Standards.

"Standards" shall mean the current Engineering Design and Construction Standards for the City of Bremerton.

"Stormwater Manual" shall mean the manuals adopted in BMC 15.04.020.

"Stormwater system" shall mean all facilities for collecting, transporting, pumping, treating and discharging stormwater.

"Sump pump" shall mean a pump that conveys ground water or stormwater runoff away from a sensitive area of a property to prevent flooding or property damage. A sump pump that discharges into a sanitary sewer or wastewater system is an improper connection.

"SWMMWW" shall mean the current version of the Washington State Department of Ecology’s Stormwater Management Manual for Western Washington.

(t)    Definitions "T":

"Total suspended solids (TSS)" shall mean materials that either float on the surface of, or are in suspension in, water, sewage, or other liquids, and which are removable by laboratory filtering using the current accepted Standard Analytical Laboratory Methods Manual.

"Townhouse" shall mean a row of homes that share common walls but ownership includes the land to each individual owner.

"Triplex" shall mean a multifamily residential unit containing three (3) separate dwelling units with any configuration or three (3) dwelling units located on one (1) parcel.

(u)    Definitions "U":

"Undeveloped parcel" shall mean any parcel of real property that has no structure or improvement requiring utility service or has not been altered by grading or filling of the ground surface, or by construction of any improvement or other impervious surface area that affects the hydraulic properties of the parcel.

"Uniform Plumbing Code (UPC)" shall mean the latest version of the Uniform Plumbing Code that has been accepted by the City of Bremerton.

"User" shall mean any person, business, or institution owning or controlling property for which utility service is provided and who is responsible for an account.

"User parcel" shall mean any parcel of land within the utility service area to which water, wastewater, or stormwater service is currently provided or to which a charge is imposed therefor, or any other land with any significant manmade impervious surface.

"Utility" shall mean the water, wastewater, and stormwater utility systems of the City.

"Utility service agreement (USA)" shall mean an agreement that the person requesting utility service signs, which constitutes a contract with the utility.

"Utility service rates" shall mean the rates charged for services. These will include the zero usage fixed fees which are for the maintenance and repair of the utility infrastructure and commodity charge for usage. Based on service location, other associated rates, fees and charges may be applied to the customer’s account.

(v)    Definitions "V":

"Verified strength" shall mean any wastewater discharge that exceeds the strength limits of the Commercial I through VII classes as defined in this section, or who desires to be charged for wastewater service on the basis of its specific discharge rather than average class strength.

(w)    Definitions "W":

"Wastewater" shall mean liquid wastes, and all constituents dissolved or suspended therein, discharged by residential, commercial, or industrial users of the wastewater facilities system. "Wastewater" is essentially synonymous with the term "sewage."

"Wastewater system" shall mean all facilities for collecting, transporting, pumping, treating, and disposing of sewage, including biosolid utilization.

"Water meter" shall mean a device used to measure and record the amount of water flowing through a pipe.

"Water system" shall mean all facilities for treatment, storage, pumping, transmission and distribution of water.

"Watershed" shall mean a geographic region within which water drains into a particular river, stream, or body of water as identified and numbered by the State of Washington Water Resource Inventory Areas (WRIAs) as defined in Chapter 173-500 WAC.

"Wetlands" shall mean those areas as defined in the City’s critical areas ordinance and include areas that are inundated or saturated by surface or ground water at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions. Wetlands generally include swamps, marshes, bogs, and similar areas. (Ord. 5376 §1 (in part), 2019: Ord. 5321 §1, 2017: Ord. 5310 §1, 2016: Ord. 5250 §1 (in part), 2014: Ord. 5209 §2, 2013)

15.01.030 UTILITY SERVICE AGREEMENT.

(a)    Each customer of the utility and any person requesting utility service from the City for water, wastewater, or stormwater shall be required to make application and enter into a utility service agreement. Agreements shall be executed prior to connection to the utility system or activation of the account.

(b)    The utility service agreement shall include the name and address of the owner and the service address of the premises served together with the service requested. The agreement shall be signed by the owner of the property or the owner’s designated agent and shall be filed with the City before building permit issuance. No partial utility service agreement will be issued or approved; all services requested will be listed on the application. The applicant shall pay all general facility charges (GFCs) and installation and inspection fees for the utility services, as herein provided, prior to making any water, sewer, or storm service connection. The building permit will not be issued until all of the applicable City fees are paid. Any request for deferment shall be in accordance with Chapter 15.06 BMC.

(c)    The utility service agreement and/or the utility billing owner/tenant change form for service shall constitute a contract between the applicant and the City in which the applicant agrees to pay for service provided at the rate and in the manner specified.

(d)    The agreement shall be effective at the time it is signed by the Director and charges for service to the premises shall be assessed from date of connection.

(e)    Customers may request written quotes from the City for the fees, assessments and charges for utility service. Such quotes are valid for ninety (90) days from the date of the quote, or until the end of the calendar year, whichever is sooner.

(f)    A customer can request in writing a refund of their utility service agreement stating the reason for the request. When the request is received the Director will prorate the amount of refund based on the work performed to date, including consideration of any payments made to third parties in reliance on the utility service agreement. (Ord. 5376 §1 (in part), 2019: Ord. 5288 §1, 2015: Ord. 5250 §1 (in part), 2014: Ord. 4909 §2, 2004; Ord. 4454 §1 (in part), 1994; Ord. 4442 §4, 1993; Ord. 4309 §2 (in part), 1991)

15.01.040 CONDITIONS OF SERVICE - RETAIL.

(a)    Access. The City shall, as a condition of providing utility service, be granted the authority by the property owner to make reasonable periodic inspections of the service connection and related appurtenances. Such inspections may be by the City or other appropriate agency to enforce any of the provisions of local, state, or federal laws, or any regulation adopted hereunder. Failure to conform to the terms and conditions shall constitute a breach of the agreement, and shall entitle the City to charge fees and enforce penalties or discontinue water service after notice as set forth in BMC 15.07.080 for delinquent (water, wastewater, stormwater) accounts.

(b)    Interruption/Failure of Service. The City reserves the right to temporarily discontinue service at any time without notice to the consumer and the City shall not be liable for damages for such interruption or failure nor be held in breach of contract.

It shall further be provided that the City shall not be held responsible for any damages resulting from defective plumbing or appliances on the premises, and the fact that the agents of the City have inspected the plumbing and appliances shall not constitute a basis of recovery. Damages to premises resulting from the utility system having been interrupted or failed shall not constitute a breach of contract on the part of the City or in any way relieve the consumer from performing the obligations of his contract. (Ord. 5376 §1 (in part), 2019: Ord. 5250 §1 (in part), 2014: Ord. 4454 §1 (in part), 1994; Ord. 4309 §2 (in part), 1991)

15.01.050 CONDITION OF SERVICE - CONTRACT.

The City may contract for sale of surplus water or collection of wastewater and/or stormwater with other districts or other public agencies providing utility service. Such services shall be through a wholesale contract, under such terms and conditions as shall be deemed fair and equitable by the City and approved by the City Council. (Ord. 5376 §1 (in part), 2019: Ord. 5250 §1 (in part), 2014: Ord. 4454 §1 (in part), 1994; Ord. 4309 §2 (in part), 1991)

15.01.060 PENALTY FOR FALSE INFORMATION.

The conveyance to the City of false information in an application for a utility service or adjustment credits shall forfeit the customer’s rights to service or credits, and the customer, in the case of a credit adjustment, shall be required to reimburse the amount of the credit received where based upon such false information. (Ord. 5376 §1 (in part), 2019: Ord. 5250 §1 (in part), 2014: Ord. 4454 §1 (in part), 1994; Ord. 4309 §2 (in part), 1991)

15.01.070 DEVELOPER SYSTEM IMPROVEMENT.

A property owner or owners of any specified area situated within the utility service area requiring utility service in conjunction with development or redevelopment may petition the City to construct public system improvements. The City shall review the petition, and, subject to the utility system plan and engineering and economic feasibility, authorize construction of improvements. When completed and accepted by the City in writing, and upon receiving final payment, the improvements shall become part of the utility’s system and shall be conveyed to the City by deed of conveyance prior to service. (Ord. 5376 §1 (in part), 2019: Ord. 5250 §1 (in part), 2014: Ord. 4909 §3, 2004; Ord. 4512 §1, 1995; Ord. 4454 §1 (in part), 1994; Ord. 4309 §2 (in part), 1991)

15.01.075 LOCAL IMPROVEMENT DISTRICTS.

(a)    If sixty percent (60%) or more of the property owners of a specified area situated within the utility service area petition the City to construct public system improvements, the City may construct said improvements upon execution of a local improvement district agreement between the property owners and the City specifying the improvements, the terms and conditions for the improvements, and the reimbursement of all costs associated with the improvements. Reimbursement at actual costs, as adjusted by state and City regulation, for the improvements may be paid in full or in annual installments, plus interest at a rate determined by the City based on current market rates.

(b)    Deferred payments for the construction of system improvements shall be limited to system improvements and shall exclude connection fees, inspection fees, plan check fees, and general facility charges.

(c)    The City may construct the improvements, on behalf of the property owners, utilizing City staff, negotiated contracts, or competitive bids subject to state statutes governing utility construction. (Ord. 5376 §1 (in part), 2019: Ord. 5250 §1 (in part), 2014)

15.01.080 DEVELOPER SYSTEM IMPROVEMENTS - FEES.

The subsequent connection to the system improvements by the property owner shall be subject to applicable fees for service to include general facility charges, connection fees, and any other applicable fees established under this title. (Ord. 5376 §1 (in part), 2019: Ord. 5250 §1 (in part), 2014: Ord. 4309 §2 (in part), 1991)

15.01.090 PUBLIC UTILITY CONSTRUCTION AGREEMENT.

A permit shall be required by the City for all projects, alterations, repairs, or connections to the utility system. These activities include, but are not limited to, activities associated with the installation of new utility systems to be constructed by others and conveyed to the City under the terms of a public utilities construction agreement; the opening, alteration, repair, or replacement of the utility system; the connection to the utility system; and the abandonment or disconnection from the utility system.

Entering into a public utilities construction agreement with the City shall not relieve the agreement holder of the responsibility for obtaining such other permits and licenses as may be required by the Department, City, county, or other districts in whose jurisdictions the improvements/repairs are made.

The permits shall be available from the City with fees established by the assessment, rates, fees, and charges set forth in Chapter 15.06 BMC. (Ord. 5376 §1 (in part), 2019: Ord. 5250 §1 (in part), 2014)

15.01.100 DEVELOPER SYSTEM IMPROVEMENTS - REIMBURSEMENT AGREEMENTS.

(a)    The City may enter into reimbursement agreements with property owners responsible for the installation of system improvements to provide for reimbursement to owners by others benefiting from the improvements and connecting to the improvements at a later time.

Requests for reimbursement by the property owner pursuant to this section shall be made in writing prior to entering into the public utilities construction agreement. Specific provisions of reimbursement shall be included in the reimbursement agreement. The City shall determine the area that is subject to the reimbursement and shall identify the properties benefiting from the utility system improvements in a description or a drawing that will become part of the public utilities construction agreement.

(b)    Reimbursements will be added to the City’s permitting and licensing computer system.

(c)    Reimbursement from each benefiting property owner shall be determined by the City as stipulated in the system improvement agreement. Cost recovery payments by properties benefiting from connections to developer extensions shall be collected by the City.

(d)    Reimbursement to the property owner constructing the improvement shall be limited to fifteen (15) years from the date of acceptance of the improvement. The City shall retain fifteen percent (15%) of the cost recovery payments for maintaining records and administration of the program and forward the remainder of the payment to the property owner who originally constructed the water, wastewater, or stormwater system improvement. (Ord. 5376 §1 (in part), 2019: Ord. 5250 §1 (in part), 2014: Ord. 4909 §4, 2004; Ord. 4512 §2, 1995; Ord. 4454 §1 (in part), 1994; Ord. 4309 §2 (in part), 1991. Formerly 15.01.090)

15.01.110 ENGINEERING DESIGN AND CONSTRUCTION STANDARDS.

(a)    The Engineering Design and Construction Standards are those as defined and developed by the Department and approved by the Director.

(b)    An applicant may request a deviation pursuant to BMC 11.12.080(b). (Ord. 5376 §1 (in part), 2019: Ord. 5250 §1 (in part), 2014)

15.01.120 BONDING.

The City shall require a performance bond/deposit and warranty bond/deposit for all utility work in accordance with BMC 11.02.220. (Ord. 5376 §1 (in part), 2019: Ord. 5250 §1 (in part), 2014)

15.01.130 AUTHORITY.

The Department of Public Works and Utilities by and through its Director is charged with the administration and enforcement of the provisions of this title. The Director shall have the authority to:

(a)    Develop and adopt procedures as needed to implement this code and to carry out the responsibilities of the City.

(b)    Request the assistance of other City departments to administer and enforce this code.

(c)    Assign the responsibility for interpretation and application of specified procedures to divisions within the Department of Public Works and Utilities.

(d)    Require or allow a performance or maintenance assurance surety when authorized by a provision of this chapter.

(e)    Act as final authority for requests for variance from requirements of this title.

(f)    Amend, interpret, and allow deviations from the Engineering and Design Construction Standards when the Director finds that said reasons are in the best interest of the community. The Director is further authorized to establish minimum requirements for the design and construction of transportation facilities, utilities, and other public infrastructure, and requirements for protecting existing facilities during construction. The Engineering and Design Construction Standards shall be consistent with this code and adopted City policies. Modifications to or deviations from adopted Engineering Design and Construction Standards must be supported, in writing, and demonstrate that the public interest is protected, and the modification is based upon sound engineering and/or public safety principles and adequately addresses all relevant functional, safety, maintenance, and aesthetic concerns. If a deviation is requested by an applicant, the Director shall require all necessary information to be provided by the applicant, and the applicant shall pay all City costs, including staff time and consultant fees, associated with reviewing and approving the deviation request.

(g)    Apply for grants to conduct transportation improvements. (Ord. 5376 §1 (in part), 2019: Ord. 5250 §1 (in part), 2014)