Chapter 13.15
WASTEWATER SYSTEM
Sections:
13.15.005 Purpose – Administration.
13.15.010 Connection to city wastewater system required.
13.15.020 Separate and independent line required – Waived when.
13.15.030 Wastewater service – Limitation outside city limits.
13.15.040 Depositing or permitting waste prohibited.
13.15.050 Discharge to streams or storm drains prohibited.
13.15.060 Discharge of certain waters prohibited.
13.15.070 Wastewater discharge prohibitions.
13.15.080 Privy, septic tank or cesspool prohibited.
13.15.090 Industrial waste pretreatment required.
13.15.100 Design and construction standards.
13.15.105 Riser or shutoff valve required.
13.15.110 Grease and sediment traps required.
13.15.120 Opening or disturbing system – Permit required.
13.15.130 Damaging property of the system prohibited.
13.15.160 Repair of defective side sewer.
13.15.170 Compliance with provisions required – Violation procedure.
13.15.180 Sewer lift stations – Private.
13.15.005 Purpose – Administration.
To establish policies and regulations specific to the provision of wastewater utility services within the city of Cashmere. This chapter shall be administered by the “city wastewater code administrator,” or his/her authorized designee, who shall be a person employed by the city and appointed by the mayor to serve in such capacity. All references to “administrator” contained in this chapter shall be interpreted as a reference to the city wastewater code administrator. (Ord. 1226 § 1, 2014).
13.15.010 Connection to city wastewater system required.
A. All buildings within the city limits designed and constructed for residential, business, commercial, public, or industrial purposes shall have all sanitary facilities connected to the city wastewater system.
After the adoption date of an ordinance to annex an area into the city, all existing developments shall be connected to the city wastewater system when their existing on-site treatment system fails, and where existing wastewater lines are available within 200 feet of any property line.
1. Any of the following shall be cause for classification as a “failed” on-site wastewater treatment system:
a. Determination by Chelan County health district that the system no longer is capable of processing wastewater.
b. If it becomes necessary to replace or relocate the drain-field, or any of the drain-field piping.
c. If it becomes necessary to replace, relocate, or perform major repairs to the septic tank.
B. After the adoption date of an ordinance to annex an area into the city, all new developments shall be required to be connected to the wastewater system where existing wastewater main lines are available within 200 feet of any property line.
C. Developments in annexed areas or urban growth area where existing wastewater main lines are further than 200 feet from the property lines shall be allowed to construct and maintain an approved on-site treatment system until such time as new wastewater mains are constructed within 200 feet of the property and the on-site treatment system fails. (Ord. 1226 § 1, 2014; Ord. 990 § 1, 2001; Ord. 945 § 50, 1999).
13.15.020 Separate and independent line required – Waived when.
A separate and independent building wastewater line shall be provided for each building, for connection with the public wastewater system; provided, that where feasible this requirement may be waived upon submission of alternate plans approved by and thereafter constructed under the supervision of the administrator. A permit must be obtained from the city for each property connected and connection charge must be paid for each as mentioned hereinafter. (Ord. 1226 § 1, 2014; Ord. 945 § 51, 1999).
13.15.030 Wastewater service – Limitation outside city limits.
The adoption of rates for wastewater services to property outside the city limits does not in any way affect the city’s ability or desire to provide services outside the city limits. The inclusion of rates for services outside the city limits is in no way to be construed as an implied contract to provide services. Services outside of the city limits may be provided by contract and upon criteria established by the city council and existing at the time of application. No petition for providing wastewater service shall be accepted or approved for any property located outside of the urban growth area as adopted by the board of Chelan County commissioners. (Ord. 1226 § 1, 2014; Ord. 945 § 51, 1999).
13.15.040 Depositing or permitting waste prohibited.
It is unlawful for any person to place, deposit or permit to be deposited upon public or private land any human or animal waste, garbage, excrement, or other waste that could be a hazard to public health and safety. (Ord. 1226 § 1, 2014; Ord. 945 § 52, 1999).
13.15.050 Discharge to streams or storm drains prohibited.
It is unlawful to discharge, to any stream, storm water drainage system, wetland, or other area that drains into surface water, any sanitary sewage, industrial wastes or other polluted waters, except where suitable treatment has been provided in accordance with subsequent provisions of this chapter and applicable state and federal laws. (Ord. 1226 § 1, 2014; Ord. 945 § 53, 1999).
13.15.060 Discharge of certain waters prohibited.
No person shall discharge or cause to be discharged any storm water, surface water, ground water, roof runoff, subsurface drainage, cooling water or unpolluted industrial process waters into the public wastewater system. (Ord. 1226 § 1, 2014; Ord. 945 § 54, 1999).
13.15.070 Wastewater discharge prohibitions.
The following substances and materials are prohibited from being discharged or otherwise introduced into the city of Cashmere wastewater system: any pollutant(s), either alone or in conjunction with a discharge or discharges from other sources, that causes pass-through or interference with the city’s collection system or treatment plants, including but not limited to:
A. Pollutants which by reason of their nature or quantity are, or may be, sufficient either alone, or by interaction, to:
1. Create a fire or explosion (including, but not limited to, waste streams with a closed cup flash point of less than 60 degrees centigrade (140 degrees Fahrenheit) using the test methods specified in 40 CFR 261.21);
2. Create a public nuisance or hazard to life;
3. Prevent entry into the wastewater system for their maintenance or repair; or
4. Be injurious in any other way to the city’s wastewater system or its personnel;
B. Pollutants that have any corrosive property capable of causing damage or hazard to city structures, equipment, or personnel, but in no case discharges with pH lower than 5.0 or greater than 11.0 standard units, unless the city system is specifically designed to accommodate such discharges and the discharge is authorized by a valid discharge permit;
C. Heat in amounts that will inhibit biological activity in the city’s treatment plants which cause, or may cause, pass-through or interference, but in no case heat in such quantities that the temperature at the treatment plant headworks exceeds 40 degrees centigrade (104 degrees Fahrenheit) unless the treatment plant is designed to accommodate such discharges and the Washington State Department of Ecology approves in writing and prior to discharge, upon request of the city, alternate temperature limits;
D. Any pollutant, including oxygen-demanding pollutants (BOD, etc.) released in either a slug load or continuous discharge of such volume, flow rate and/or pollutant concentration which will cause, or may cause, pass-through or interference of the wastewater system;
E. Solid or viscous pollutants in amounts that cause, or may cause, obstruction to the flow in wastewaters or otherwise interfere with operations or maintenance of the wastewater system;
F. Petroleum oil, nonbiodegradable cutting oil, or products of mineral origin in amounts that will cause, or may cause, pass-through or interference of the wastewater system;
G. Pollutants which result in the presence of toxic gases, vapors, or fumes within the wastewater system in a quantity which cause, or may cause, acute worker health and safety problems;
H. Any trucked or hauled wastewater or pollutants, except at discharge points designated and permitted by the city;
I. Noncontact cooling water, unpolluted storm water, or any other direct water inflow sources which do not require treatment or would not be afforded a significant degree of treatment by the city’s treatment plants;
J. Wastewaters containing dangerous waste, as prohibited by Chapter 173-303 WAC. (Ord. 1226 § 1, 2014; Ord. 945 § 55, 1999).
13.15.080 Privy, septic tank or cesspool prohibited.
It is unlawful to construct or maintain any privy, privy vault, septic tank, cesspool, or other facility intended or used for the disposal of wastewater other than through the city wastewater system.
Exceptions: For construction sites, special events, or other temporary public activities, the use of portable toilets shall be allowed; provided, that adequate maintenance is provided to keep the units in a clean and sanitary condition; or in annexed areas or urban growth area where a wastewater main is not located within 200 feet of any property line. (Ord. 1226 § 1, 2014; Ord. 945 § 56, 1999).
13.15.090 Industrial waste pretreatment required.
A. All industrial wastes, unless otherwise provided in a written agreement approved by the owner/operator and city, shall be pretreated at the source or at the city’s pretreatment facility to meet the requirements of the State Department of Ecology, the State Health Department and city regulations.
B. “Pretreatment” means the reduction of the amount of pollutants, the elimination of pollutants, or the alteration of the nature of pollutant properties in wastewater prior to, or in lieu of, introducing such pollutants into the city’s publicly owned treatment works (POTW). This reduction or alteration can be obtained by physical, chemical, or biological processes; by process changes; or by other means, except by diluting the concentration of the pollutants unless allowed by an applicable pretreatment standard.
C. “Industrial waste” means a waste discharge that:
1. Is subject to a categorical pretreatment standard or categorical standard (any regulation containing pollutant discharge limits promulgated by the U.S. Environmental Protection Agency in accordance with Sections 307(b) and (c) of the Clean Water Act (33 USC 1317) that apply to a specific category of users and that appear in 40 CFR Chapter I, Subchapter N, Parts 405 – 471); or
2. Discharges an average of 25,000 gallons per day or more of process wastewater to the POTW (excluding sanitary, noncontact cooling and boiler blowdown wastewater); or
3. Contributes a process waste stream which makes up five percent or more of the average dry weather hydraulic or organic capacity of the POTW treatment plant; or
4. Is designated as such by the city on the basis that it has reasonable potential for adversely affecting the POTW’s operation or for violating any pretreatment standard or requirement.
D. The city shall adopt wastewater discharge and industrial pretreatment regulations by resolution and shall amend those regulations by resolution or ordinance from time to time as warranted.
E. In addition to complying with the city’s pretreatment regulations, each generator of industrial waste that flows into the city’s POTW shall enter into a written agreement with the city setting forth the generator’s pretreatment obligations, its obligation to pay a proportional capacity share of the city’s POTW, and the penalties for noncompliance.
F. A generator of industrial wastes requiring pretreatment may be permitted to utilize the city’s pretreatment facility under rates and other terms and conditions established in a written agreement with the city setting forth the generator’s pretreatment obligations, the terms and conditions for its use of the city’s pretreatment facility, its obligation to pay a proportional capacity share of the city’s POTW, and the penalties for noncompliance. (Ord. 1226 § 1, 2014; Ord. 1132 § 2, 2008; Ord. 945 § 57, 1999).
13.15.100 Design and construction standards.
Design and construction of all wastewater and systems shall meet or exceed the standards and specifications contained within the City of Cashmere Design Standards Manual. (Ord. 1226 § 1, 2014; Ord. 1028 § 2, 2003; Ord. 945 § 58, 1999).
13.15.105 Riser or shutoff valve required.
All new construction or installation of any wastewater service line to property that is served or proposed to be served only by city wastewater service and not city water service shall include a riser or shutoff valve constructed or installed in compliance with the City of Cashmere Design Standards Manual, as existing or hereafter amended, and/or the instructions of the city wastewater administrator or his or her authorized designee. To the extent possible, the riser or shutoff valve shall be installed within the city right-of-way at the point where the private wastewater service line connects to the city wastewater main or other service line owned and operated by the city. The riser or shutoff valve shall be owned by the city and the city shall have exclusive access to the same. (Ord. 1242 § 4, 2015).
13.15.110 Grease and sediment traps required.
All commercial and industrial developments that involve the use of chemicals, greases or oils shall be required to install grease traps in accordance with the Uniform Plumbing Code. All commercial and industrial developments that involve processes that generate sediments which could clog wastewater system pipes shall be required to install sediment traps. All sediment traps and grease traps shall be properly maintained and shall be subject to routine inspection by the administrator. (Ord. 1226 § 1, 2014; Ord. 945 § 59, 1999).
13.15.120 Opening or disturbing system – Permit required.
No person shall uncover, make any connection with or opening into, use, alter, or disturb any public wastewater utility facilities without first obtaining a written permit from the administrator. No person shall open, alter, or disturb the streets or alleys of the city for the purpose of making connection with the public wastewater system without first obtaining a public right-of-way excavation permit. (Ord. 1226 § 1, 2014; Ord. 1028 § 3, 2003; Ord. 945 § 60, 1999).
13.15.130 Damaging property of the system prohibited.
No person shall maliciously, willfully, or negligently break, damage, destroy, uncover, deface, or tamper with any structure, appurtenances, or equipment which is a part of the public wastewater or storm water systems. (Ord. 1226 § 1, 2014; Ord. 945 § 61, 1999).
13.15.150 Rates – Liens for delinquent accounts – Termination of wastewater service for delinquent accounts – Satisfaction of lien.
A. The city council shall establish and, as deemed appropriate, amend by resolution rates and charges to be paid for wastewater service, connection fees, system development charges, penalties, and other related fees or charges.
B. The procedures for billing and collection of wastewater rates, fees, penalties, and charges are set forth in CMC 13.01.120, as existing or hereafter amended. For properties that do not receive city water service, but do receive city wastewater service, in lieu of the procedures set forth for termination of water service for delinquent accounts contained in CMC 13.01.120(B), the city shall instead use the procedures set forth in this section to impose a lien on the property receiving wastewater service, as authorized by Chapter 35.67 RCW as existing or hereafter amended, and/or terminate wastewater service to the customer’s property. For purposes of this section, a “customer” has the meaning set forth in CMC 13.01.120(A).
C. As authorized by RCW 35.67.200, as existing or hereafter amended, the city shall have a lien for delinquent and unpaid rates and charges for wastewater service, including penalties, connection charges, and interest thereon, against the property to which the wastewater service has been furnished or is available, which lien shall be superior to all other liens and encumbrances except general taxes and local and special assessments.
D. The city may impose and subsequently foreclose its lien using the following procedures:
1. City staff shall only consider for lien a customer account property that is delinquent in payment to the city for wastewater service fees and charges (including penalties, connection fees, and interest thereon) for a period of a minimum of one month but no more than two years. The city may impose a lien on the customer’s or owner’s (if different) property for up to six consecutive months of delinquent charges without filing a written notice of the lien with the Chelan County auditor. In the event the city elects to impose or file a lien on a customer’s or owner’s (if different) property to collect more than six consecutive months of delinquent charges, but not more than two years of such charges, then the city shall be required to file a written lien with the Chelan County auditor, which lien shall be substantially in the form set forth in RCW 35.67.210, as existing or hereafter amended.
2. The city may foreclose its wastewater lien by filing an action for foreclosure in the Chelan County superior court. An action to foreclose a lien for up to a maximum of six months’ delinquent charges may be commenced at any time after six months subsequent to the furnishing of the wastewater service for which payment has not been made. An action to foreclose a wastewater lien pursuant to a lien notice filed as required by subsection (D)(1) of this section (for delinquent charges in excess of six months) must be commenced within two years from the date of the filing thereof.
E. As an alternative or in addition to the lien arising under this section, the city may terminate wastewater service to a delinquent customer’s property that receives wastewater service but does not receive water service from the city. The procedures for termination of wastewater service to a delinquent customer’s property are as follows:
1. When an account becomes delinquent, the city clerk or duly authorized representative shall mail to the owner and occupant/tenant of the property, if different, a termination notice, in writing, postage prepaid, to the last known address of such customer, allowing at least seven days before service interruption. The notice must include the following information:
a. The customer’s name and service address;
b. A statement of the delinquent wastewater charges, including interest, penalties and late fees (if any);
c. A statement that, if such delinquent wastewater charges are not paid in full on or before the date noted on the termination notice, wastewater service to the property may be terminated;
d. A statement advising the customer that, if the customer disputes the charges alleged to be owed and/or past due, the customer may appeal the charges prior to service termination by requesting an informal hearing before the mayor.
2. A customer may informally appeal the delinquent charges or proposed termination set forth in the notice using the procedures set forth in this subsection. Any such informal appeal hearing request by a customer shall be in writing and provided by the customer to the city clerk’s office prior to the scheduled date of wastewater service termination. Any informal hearing on the appeal must be scheduled to occur within seven days of the date of receipt of the written appeal by the city clerk’s office. The mayor’s decision following the informal hearing shall be issued, in writing, no later than five days following the hearing. During the pendency of the appeal hearing proceedings, the customer shall continue to receive wastewater service to the property. Upon issuance, the mayor’s decision shall be final and binding on the customer, and the city may proceed to terminate the wastewater service to the customer without further notice to the customer unless the customer has made payment, in full, of the delinquent charges. Failure to appeal or request a hearing prior to service termination will result in the loss of any ability to appeal the charges, and any reconnection of service will require payment of all applicable charges as set forth by city resolution.
3. In the event the past due charges remain unpaid as of the date indicated on the termination notice, and no appeal hearing has been timely requested, the city clerk or duly authorized representative shall personally deliver to and post on the property a final notice of imminent service termination, which notice shall advise the customer that wastewater service will be terminated at or after 10:00 a.m. the day following delivery of the final notice if the past due charges remain unpaid as of 10:00 a.m. the day following delivery of the final notice. The notice shall advise the customer that the time period to appeal the past due charges has expired, such that payment, in full, of the past due charges is required to prevent service termination.
4. The tenant/occupant of any rental property shall be notified of an owner’s delinquency, as set forth in this section, which may result in termination of wastewater service to the tenant/occupant’s property. To prevent termination of service due to the owner’s delinquency, the tenant/occupant shall be permitted to make payment on the owner’s account for the current period service charges (excluding late fees or penalties) to prevent service termination to the rental property. In the event the owner is in arrears in excess of the charges for the current service period, the tenant/occupant shall not be required to pay the full arrearage owed by the owner to prevent service termination, but shall only be required to pay for the current service period, and each subsequent period as services are consumed. The tenant/occupant may appeal any notice of the termination due to the owner’s delinquency using the procedures set forth above in this section.
5. In lieu of any notice by mail required in this section, notice may be personally delivered to the customer. Failure to receive mail properly addressed to such owner or tenant/occupant shall not be a valid defense for failure to pay such delinquent charges. Any change in ownership of property or change in mailing address must be properly filed in writing with the office of the city clerk within 10 days after such change of status.
6. The city, in its sole discretion, may terminate the wastewater service to the delinquent customer property in the manner and method determined to be best by the city under the circumstances.
7. Reconnection of city wastewater service to a delinquent customer property that has been disconnected shall only occur after the delinquent customer account, including all interest, costs, attorneys’ fees, and wastewater service fees, together with the actual costs incurred by the city to disconnect and reconnect the wastewater service to the delinquent customer property have been paid in full by or on behalf of the customer. Costs incurred by the city to disconnect and reconnect shall include: (a) the costs of all city personnel and independent contractor personnel retained by the city to provide the services and the costs of a riser or shutoff valve if one does not already exist and is installed; (b) the costs incurred by the city to replace the wastewater service line from the main line to the riser or shutoff valve if the city determines replacement is necessary; (c) the cost of equipment used; and (d) an administrative fee established by resolution of the city council from time to time for reconnection to cover the administrative cost and expense associated with disconnection and reconnection of the delinquent customer service.
F. Any partial payments shall be applied to the oldest charges first, and in the following order: first to interest, penalties, and attorneys’ fees; next to capital system charges; next to sewer fees and charges owing; and next to water fees and charges owing. Acceptance of a partial payment by the city, after commencing foreclosure or providing notice of the city’s intention to disconnect wastewater service to the customer’s property, shall not delay or terminate the wastewater service disconnection process.
G. In the event the city records a lien on a delinquent customer’s or owner’s (if different) property using the procedures set forth in this section, the city shall record a satisfaction of lien following payment in full of all outstanding fees and charges, including interest, penalties, attorneys’ fees, lien recording and release recording fees, and service fees owed by the customer.
H. The process and procedures set forth in this section shall be supplemental and in addition to and not a substitute for other methods of collecting on delinquent customer accounts. (Ord. 1242 § 3, 2015; Ord. 1226 § 1, 2014; Ord. 1145 § 3, 2009; Ord. 945 § 63, 1999).
13.15.155 Special system development charge.
Repealed by Ord. 1277. (Ord. 1226 § 1, 2014; Ord. 1102 §§ 1, 2, 2007).
13.15.160 Repair of defective side sewer.
Whenever any side sewer line becomes inadequate or unable to prevent infiltration and/or inflow from entering into the public wastewater system due to damage, deterioration, improper installation or substandard materials of the side sewer line, the owner of the property served by the defective side shall repair, replace or disconnect the side line, as deemed necessary by the administrator or his/her designee. The owner shall stop further infiltration and inflow from entering into the side sewer line. (Ord. 1226 § 1, 2014; Ord. 1028 § 4, 2003).
13.15.170 Compliance with provisions required – Violation procedure.
When any side sewer is constructed, laid, connected, or repaired and does not comply with the provisions of this chapter, or whenever it is determined by the Chelan-Douglas health district or the administrator that a connection or side sewer is obstructed, broken or inadequate and/or is a menace to health or is liable to cause damage to public or private property, notice shall be given to the owner, agent or occupant of the property at which such conditions exist, and if such owner, agent or occupant fails to repair or replace same after 24 hours when notified to do so, the water service shall be temporarily discontinued until repair or replacement has been made and may be subject to the enforcement and penalties set forth in CMC 13.01.030. (Ord. 1226 § 1, 2014; Ord. 1028 § 5, 2003).
13.15.180 Sewer lift stations – Private.
Single-user lift stations shall not be owned or maintained by the city. In the event the city is requested to assume ownership of a private lift station, said lift station shall serve two or more users and be located in a public right-of-way or a dedicated easement adjacent to a public right-of-way to facilitate access by city crews. The city may refuse or otherwise deny any request to assume ownership of a private lift station in its sole discretion. (Ord. 1226 § 1, 2014; Ord. 1045 § 1, 2004).