Chapter 13.08
SEWER RATES

Sections:

13.08.010    Definitions.

13.08.020    Established.

13.08.030    Repealed.

13.08.040    Repealed.

13.08.045    Minimum service charge for residential units not connected to the sewer system.

13.08.050    Repealed.

13.08.060    Repealed.

13.08.065    Repealed.

13.08.070    Irrigation season.

13.08.075    Repealed.

13.08.080    Payment – Due date – Delinquency penalty.

13.08.090    Charges deemed lien when – Recordation notice.

13.08.100    Lien foreclosure procedures.

13.08.110    Changes to rates or charges – Council resolution required.

13.08.010 Definitions.

A. “Biochemical oxygen demand (BOD)” means the quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory procedure in five days at 20 degrees Celsius, expressed in milligrams per liter (mg/l).

B. “Chargeable water” shall be measured by the water consumed on the premises and which subsequently enters the sanitary sewer system, whatever the source of such water; and the same will be metered either by public utility meter or one installed and maintained by the owner of the premises at his own expense and approved by the city. Where the use of water is such that a portion of all the water used does not flow into the sewer system, but is lost by evaporation, irrigation, sprinkling, or is used in a manufactured product, and the person in control provides proof of this fact and installs a meter or other measuring device approved by the city to measure the amount of water so used and so lost, this water may be deducted from the actual water consumption used in calculating the sewer charge. The sewer charges for residential users during the irrigation season shall be computed on the average consumption during the previous nonirrigation season, unless the user elects to install, at his own expense, an approved measuring device to measure water not entering the sewer system.

C. “High strength” means wastewater discharged from commercial accounts with Standard Industrial Classification Codes 5812, 5147, 5093, or wastewater discharged to the sewer system containing a BOD between 700 to 1,050 mg/l or total suspended solids of 700 to 1,050 mg/l.

D. “Low strength” means wastewater discharged to the sewer system containing less than 350 mg/l BOD or less than 350 mg/l total suspended solids.

E. “Medium strength” means wastewater discharged from commercial accounts with Standard Industrial Classification Codes 2051, 5411, or 7833, or wastewater discharged to the sewer system containing a BOD of 350 to 700 mg/l and less than 700 mg/l total suspended solids, or wastewater discharged to the sewer system containing total suspended solids of 350 to 700 mg/l and BOD less than 700 mg/l.

F. “Total suspended solids (TSS)” means total suspended matter that either floats on the surface of, or in suspension in, water, wastewater or other liquids, and that is removable by laboratory filtering as prescribed in “Standard Methods for the Examination of Water and Wastewater” and referred to as nonfilterable residue expressed in milligrams per liter (mg/l).

G. “Very high strength” means wastewater discharged to the sewer system in which the average of the BOD and total suspended solids

BOD mg/l + TSS mg/l

2

exceeds 1,050 mg/l. (Ord. 1386 § 2(1), 1999; Ord. 1305 § 2(1), 1995; Ord. 1119 § 2, 1988; Ord. 1061 § 2, 1985; Ord. 1009 § 1, 1982; Ord. 451 § 4, 1947).

13.08.020 Established.

In order to take care of the costs of maintenance and operation, bond and warrant principal and interest, reserve fund requirements, and other costs incidental to the sewer and refuse collection and disposal systems, the sewer rates shall be prescribed pursuant to resolution of the city council. (Ord. 1868 § 1, 2019).

13.08.030 Single-family residences, duplexes and triplexes – Within the city.

Repealed by Ord. 1868. (Ord. 1641 § 3, 2007; Ord. 1518 § 1, 2003; Ord. 1386 § 2(2), 1999; Ord. 1305 § 2(2), 1995; Ord. 1152 § 2, 1989; Ord. 1119 § 2, 1988; Ord. 1061 § 2, 1985; Ord. 1009 § 1, 1982; Ord. 451 § 4(a)(1), 1947).

13.08.040 Residential – Exceptions.

Repealed by Ord. 1868. (Ord. 1641 § 4, 2007; Ord. 1518 § 1, 2003; Ord. 1386 § 2(5)(a), 1999; Ord. 1305 § 2(5)(a), 1995; Ord. 1152 § 2, 1989; Ord. 1119 § 2, 1988; Ord. 1061 § 2, 1985; Ord. 1009 § 1, 1982; Ord. 451 § 4(b)(1), 1947).

13.08.045 Minimum service charge for residential units not connected to the sewer system.

Any person failing to connect his or her residential unit to the city sewer system in compliance with BMC 13.04.020 and 13.04.400 shall pay a penalty to the city in an amount equal to the minimum charge that would be made for sewer service if the residential property was connected to such system. All penalties collected shall be considered revenue of the system. The minimum service charge will be based on the location of the residential property whether it is inside the city limits or is located outside of the city limits per BMC 13.08.065. (Ord. 1868 § 1, 2019).

13.08.050 Commercial accounts and residential accounts containing more than three living units – Inside city limits.

Repealed by Ord. 1868. (Ord. 1844, 2017; Ord. 1641 § 5, 2007; Ord. 1518 § 1, 2003; Ord. 1386 § 2(3), 1999; Ord. 1305 § 2(3), 1995; Ord. 1152 § 2, 1989; Ord. 1119 § 2, 1988; Ord. 1061 § 2, 1985; Ord. 1009 § 1, 1982; Ord. 451 § 4(a)(2), 1947).

13.08.060 Commercial – Exceptions.

Repealed by Ord. 1868. (Ord. 1641 § 6, 2007; Ord. 1518 § 1, 2003; Ord. 1386 § 2(5)(b), 1999; Ord. 1305 § 2(5)(b), 1995; Ord. 1152 § 2, 1989; Ord. 1119 § 2, 1988; Ord. 1061 § 2, 1985; Ord. 1009 § 1, 1982; Ord. 451 § 4(b)(2), 1947).

13.08.065 Service outside city limits – Rates.

Repealed by Ord. 1868. (Ord. 1386 § 2(4), 1999; Ord. 1305 § 2(4), 1995).

13.08.070 Irrigation season.

The sewer charges for residential users during the irrigation season shall be computed on the average consumption during the previous nonirrigation season, unless the user elects to install, at his own expense, an approved measuring device to measure water not entering the sewer system. When a user has a swimming pool or an air conditioner discharging to the storm sewer, he must install an approved meter to determine the amount of water exempt from sewer charges during the irrigation season. The irrigation season shall be defined as the period of May through October. (Ord. 1152 § 2, 1989; Ord. 1119 § 2, 1988; Ord. 1061 § 2, 1985; Ord. 1009 § 2, 1982; Ord. 451 § 4, 1947).

13.08.075 Annual rate review.

Repealed by Ord. 1868. (Ord. 1386 § 2(6), 1999; Ord. 1305 § 2(6), 1995).

13.08.080 Payment – Due date – Delinquency penalty.

All of the foregoing charges for sewerage services and those hereafter fixed by the council shall be paid on or before 30 days after the date of billing as shown upon the city’s billing statement, and if not so paid, a penalty of $10.00 per month will be made on each delinquent account. Additionally, interest shall be charged against each delinquent account at a rate of eight percent per annum. (Ord. 1876 § 1, 2019; Ord. 1844, 2017; Ord. 1836 § 1, 2016; Ord. 1182 § 1, 1991; Ord. 1163 § 1, 1990; Ord. 1064 § 1, 1985; Ord. 1062 § 4, 1985; Ord. 451 § 6, 1947).

13.08.090 Charges deemed lien when – Recordation notice.

All delinquent and unpaid rates and charges, including interest and penalty thereon for sewerage service, shall be a lien against the premises to which the same has been furnished, and the rate of interest on such delinquency is fixed at 10 percent. Such lien shall be effective for a total of not to exceed six months’ delinquent charges without the necessity of any writing or recording, but if the lien is for more than six months’ charges, the city clerk-treasurer or official charged with the administration of the affairs of such utility shall cause to be filed for record in the office of the county auditor of Skagit County a notice in substantially the following form:

Sewerage Lien Notice

City of Burlington, Wash.,_________
    –VS –
________________, Reputed owner,

Notice is hereby given that the city of Burlington has and claims a lien for sewer charges against the following described premises, situated in Skagit County, Washington, to-wit:

(Legal description)

Said lien is claimed for not exceeding six months such charges and interest now delinquent, amounting to $____, and is also claimed for future sewerage charges against said premises.

Dated_______

City of Burlington
By_______________

(Ord. 451 § 1, 1947).

13.08.100 Lien foreclosure procedures.

The lien described in BMC 13.08.090 may be foreclosed and any of the tracts or premises subject to said lien proceeded against and all parties of record as owning or claiming to own, having or claiming to have, any interest in, or lien upon said tracts or premises shall be made defendants thereto, together with all parties personally liable for any charges involved, including court costs, interest and attorney’s fees, all as provided in Chapter No. 193 of the Session Laws of the State of Washington, 1941, as amended. (Ord. 451 § 8, 1947).

13.08.110 Changes to rates or charges – Council resolution required.

The council of the city may, from time to time as necessity therefor arises, change any of the rates and charges set forth in this chapter, or fix rates and charges for sewerage service by resolution, for all classes of buildings, structures and properties not provided for in this chapter. (Ord. 451 § 5, 1947).