Chapter 11.30
SEWER SYSTEM GENERAL PROVISIONS

Sections:

11.30.010    Purpose.

11.30.020    Definitions.

11.30.030    Authority.

11.30.040    General sewer plan.

11.30.050    Levels of service.

11.30.060    Design and construction standards.

11.30.070    Sewer availability.

11.30.080    Sewer system capacity, record, and reservation.

11.30.010 Purpose.

This title sets forth the regulations under which the city of Edgewood sewer utility is managed and operated. It is intended to enable the director of public works to protect the public health in conformity with all applicable local, state and federal laws relating thereto. The objectives of this chapter are to:

A. Provide for orderly planning of the utility.

B. Develop and adopt appropriate levels of service.

C. Develop standards for design and construction that will result in low system operation and maintenance costs and a safe and healthy work environment.

D. Provide for a variety of funding options for system extensions so that sewer service is able to expand within the planning framework, and all benefited properties pay their appropriate shares.

E. Regulate new sewer system construction to be uniform and of high quality.

F. Establish connection policies and procedures and the basis for connection charges and manner of collection.

G. Regulate and control, at the source, the quality of wastewater that is discharged from the Edgewood sewer system to the receiving sewer system(s) so that it meets the regulations governing such sewer system(s).

H. Provide for the use and regulation of septic tanks where appropriate.

I. Provide for the establishment of equitable sewer rates and set forth billing procedures.

J. Establish enforcement measures. (Ord. 06-271 § 1).

11.30.020 Definitions.

Definitions for words used in this title, except for the referenced sections of the Tacoma Municipal Code contained in Chapter 11.50 EMC, shall be found in this section; the Orange Book; Glossary, Water and Wastewater Control Engineering, Third Edition, American Public Health Association, 1980; or Webster’s New International Dictionary of the English Language Unabridged, Merriam-Webster Inc., 2002, and succeeding editions; with precedence in that order. Words whose context indicates a definition other than that given below are defined by their context.

Definitions for words used in the Tacoma Municipal Code are found in TMC 12.08.010.

The following words and phrases shall be defined as follows:

“Acceptance” means formal action, taken by resolution of the council, accepting improvements, made pursuant to a contract, for ownership and maintenance by the city.

“Biochemical oxygen demand (BOD)” means the quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory procedures in five days at 20 degrees Celsius, expressed in parts per million or milligrams per liter (mg/l) by weight, using “Standard Methods,” Seventeenth Edition, together with amendments thereto, and subsequent editions.

“Building” means a roofed and walled structure, both permanent and temporary, including appurtenances, such as open stairs, patios, and decks.

“Building code” means the International Building Code, 2003 Edition, International Code Council, as amended by the state of Washington, and amended and adopted by the city of Edgewood, as may be further amended, and as may be replaced by succeeding building codes.

“Building sewer” means that part of the horizontal piping of a private sewer system which extends from the end of the building drain and which receives the wastewater from the building drain and conveys it to the side sewer or private disposal system and is regulated by the building department and plumbing code.

“CIP” means capital improvement plan.

“City” means the city of Edgewood.

“Completion date” means the day all the work specified in the contract is completed and all the obligations of the contractor under the contract are fulfilled by the contractor. All documentation required by the contract and required by law must be furnished by the contractor before establishment of this date.

“Comprehensive plan” means the city of Edgewood comprehensive plan as first adopted by the city council on June 12, 2001, as amended on July 9, 2002, and as may be further amended.

“Connection” means the physical connection of the building sewer to the side sewer. In the event a portion of the building sewer has been constructed with the side sewer, connection shall be deemed to occur when the two separate portions of the building sewer are connected.

“Connection right” means the right of a property that has fulfilled all the requirements for connection to the city’s sewer system, as set forth in this title, to connect to that sewer system, subject to the conditions set forth in the connection permit and agreement.

“Conveyance” means, primarily, the transport of sewage from one place to another with few or no connections, as in a sewer trunk or pump station force main.

“Council” means the council of the city of Edgewood.

“Cross-Connection Control Manual” means the Cross-Connection Control Manual, Accepted Procedure and Practice, Sixth Edition, published by the Pacific Northwest Section of the American Water Works Association, together with amendments thereto, and subsequent editions.

“Design and Construction Standards” means the book of design and construction standards of the city of Edgewood for public works projects and system extensions by developers as set forth in EMC 11.30.060.

“Development” means construction of a building or other structure and site improvements, street and utility improvements, and subdivision of property.

“Director” means the city of Edgewood director of public works or authorized representative.

“DOE” means the Washington State Department of Ecology.

“EMC” means the Edgewood Municipal Code.

“Equivalent residential unit (ERU)” means one single-family house, apartment unit, condominium unit, or townhouse unit. For nonresidential connections, an ERU is 250 gallons per day of wastewater, or one-half pound per day of total suspended solids, or one-half pound per day of biochemical oxygen demand (BOD).

The determination of the number of ERUs required for nonresidential buildings shall be made pursuant to EMC 11.40.070.

“Frontage” means the side of the property, adjacent to the right-of-way or easement, containing the sewer or proposed sewer.

Fronted. A property is fronted by a sewer when 10 feet or more of the right-of-way or easement containing a sewer is adjacent to a property line of that property and the sewer contained therein extends 10 feet or more past the nearest property line or extension thereof. If the right-of-way or easement ends at the subject property line and the sewer ends within 50 feet of said property line and is intended to never be extended past that point, the property shall be considered to be fronted by the sewer.

“Fully fronted” means when a right-of-way or easement containing a city sewer is adjacent to and continuous along one or more full sides of a property.

“GSP” means the general sewer plan of the city of Edgewood.

“Human occupation” means the use or intent of use of a building that includes part-time or full-time residency, employment, sports, entertainment, and commercial or other activity that requires the presence of plumbing fixtures as determined by the plumbing code.

“IBC” means the 2003 International Building Code together with amendments thereto, and subsequent editions; see definition of “building code” in this section.

“Improvements” means construction intended to or having the effect of increasing the value of real or personal property.

“LID” means a local improvement district, a group of properties specially benefited by the construction of a local improvement, paid for, in whole or in part, by special assessments levied against said group of properties, established and authorized by the local legislative authority.

“Local improvement” means an improvement or improvements owned or operated by a public corporation (RCW 35.43.010).

“Mayor” means the city of Edgewood mayor or authorized representative.

“Orange Book” means Criteria for Sewage Works Design, Washington State Department of Ecology, December 1998, together with amendments thereto, and subsequent editions.

“Owner” means the owner of the subject real property. If the owner is a corporation, partnership or an indisposed individual, proof of authority to sign on behalf of the owner shall be required. Such proof may include corporate bylaws, a signed and dated resolution of the board of directors, partnership agreement, power of attorney, or other written legal document acceptable to the city.

“Phase I property” means a property within the Phase I boundaries as defined in the GSP. Phase II and Phase III properties are, likewise, defined in the GSP.

“Physical completion date” means the day all of the work is physically completed on the project. All documentation required by the contract and required by law does not necessarily need to be furnished by the contractor by this date.

“Plumbing code” means the Uniform Plumbing Code, 2000 Edition, IAPMO, as amended by the state of Washington and amended and adopted by the city of Edgewood, as may be further amended, and as may be replaced by succeeding plumbing codes.

“Private disposal system” means a privately owned septic tank with drain field or other on-site wastewater treatment and disposal system.

“RCW” means the Revised Code of Washington.

“Sewage” means wastewater that contains human waste.

“Sewer,” also called “sanitary sewer,” means pipes and associated structures that exclusively carry wastewater.

“Sewer availability” means the condition of a property of being permitted to connect to the city’s sewer system. See EMC 11.30.070.

“Sewer lateral” means a sewer that has no other city sewers discharging into it.

“Sewer main or trunk” means a sewer that receives wastewater from one or more submains.

“Sewer service area” means that area lying within the corporate boundaries of the city of Edgewood designated for city sewer service pursuant to a comprehensive sewerage plan, approved in accordance with Chapters 36.93 and 36.94 RCW.

“Sewer submain” means a sewer that receives wastewater from one or more laterals.

“Sewer system,” also called “sanitary sewer system,” means the aggregate of all the parts of a wastewater collection and treatment system including sewers, appurtenances, pump stations and treatment facilities.

“Sewer utility” means the city of Edgewood sanitary sewer utility.

“Side sewer” means that sewer, located within a city right-of-way or easement, between the city’s sewer main and the right-of-way or easement line, connecting to the building sewer and regulated by the public works department and this title.

“Special event” means a commercial, entertainment, or sport activity or “community service or civic event,” as defined in EMC 18.90.160(D), held in or out-of-doors, on private or public property, or on public rights-of-way.

“Standard Specifications” means the Standard Specifications for Road, Bridge, and Municipal Construction, Washington State Department of Transportation, 2006, as amended, and replaced by succeeding editions.

“Storm drain” means pipes and associated structures that carry surface water and exclude wastewater.

“Structure” means something constructed, including, but not limited to, buildings, retaining walls, rockeries, sidewalks, patios, decks, constructed landscaping features, sheds, fences, and driveways.

“Substantial completion date” means the day the director determines the improvements are fully functional from both operational and safety standpoints or that the city has full and unrestricted use and benefit of the facilities both from the operational and safety standpoint, and only minor incidental work, removal of temporary substitute facilities, correction, or repair remains for the physical completion of the total contract.

“System extension” means capital improvements to the sewer system, including, but not limited to, extensions of sewer lines, and the construction of manholes, pump stations, other appurtenances and controls.

“Temporary portable toilet” means a self-contained, noncaustic chemical toilet equipped with a waste-receiving, chemical-holding container, housed in its own shelter.

“TESC” means temporary erosion and sedimentation control.

“TMC” means the Tacoma Municipal Code.

“ULID” means utility local improvement district, a group of properties specially benefited by the construction of a local water, sewer, or off-street parking facility improvement, financed by revenue bonds, paid for in whole or in part by revenues of the utility, established and authorized by the local legislative authority.

“WAC” means the Washington Administrative Code.

“Wastewater” means water that has been used for domestic or industrial purposes and contains or may contain suspended or dissolved solids from such use.

“Work” means the provision of all labor, materials, tools, equipment, and everything needed to successfully complete a project according to the contract. (Ord. 15-447 § 1 (Exh. A); Ord. 10-333 § 8; Ord. 06-271 § 1).

11.30.030 Authority.

The city of Edgewood sanitary sewer utility is established by this title in accordance with RCW 35.21.210 and 35.67.030. Except as otherwise provided herein, the director of public works of the city of Edgewood shall administer, implement and enforce the provisions of this title.

A. Applicability. This title shall apply to all persons and properties within the city of Edgewood and any person using, discharging to, or damaging the city’s sewer system inside or outside the city.

B. Connection Charges and Rates. The authority to set and collect connection charges and monthly rates shall be in accordance with RCW 35.67.190, 35.92.020 and 35.92.025 and other applicable laws and regulations.

C. Enforcement. The authority to lien property for delinquent and unpaid rates and other charges for sewer service shall be in accordance with RCW 35.67.200. The authority to issue citations and levy penalties for civil infractions shall be in accordance with Chapter 1.10 EMC, General Penalty. The authority to adopt ordinances and impose penalties for civil and criminal infractions thereof shall be in accordance with RCW 35A.11.020.

D. Discharge Permits. The jurisdiction that operates the wastewater treatment plant treating the city’s sewage shall be authorized to regulate and enforce the provisions of Chapter 11.50 EMC, and, pursuant to RCW 90.48.160, issue discharge permits within the city to operators of industrial and commercial operations, monitor discharges, inspect said industrial and commercial operations, and enforce discharge regulations promulgated by said jurisdiction.

E. Inspection. The city, its inspectors, and consultants shall have free access to and authority to observe, inspect, gather samples, and perform tests related to all city sewer system construction or other activity or use located on city property, the public rights-of-way, and city easements within and outside the city.

Construction and all other activity or use, located on private property, authorized or regulated under this title shall be conditioned upon the right of the city, its inspectors, and consultants to enter upon such private property and authority to observe, inspect, gather samples, and perform tests related to all such construction or other activity or use.

F. Stop Work. The city, its inspectors, and authorized consultants shall have authority to stop work authorized or regulated under this title when such inspectors or consultants shall find that stopping the work is necessary to ensure compliance with approved plans, specifications, Design and Construction Standards, and Standard Specifications.

G. Uncover. The city, its inspectors, and authorized consultants shall have authority to require that improvements or parts thereof, authorized or regulated under this title, must be uncovered or dug up and/or removed for inspection when:

1. Such improvements require inspection; and

2. No inspection has been made by the city; and

3. Inadequate notice has been given by the owner or contractor requesting the inspection.

H. Remove. The city, its inspectors, and authorized consultants shall have authority to require that improvements or parts thereof, authorized or regulated under this title, that do not comply with approved plans, specifications, Design and Construction Standards, and Standard Specifications be removed from the project and be replaced. (Ord. 06-271 § 1).

11.30.040 General sewer plan.

The council has adopted by ordinance (RCW 35.67.030) a general sewer plan (GSP) that sets the boundaries of the city’s sewer service area and guides the sewer utility as to the location and size of sewer mains, trunks, submains and pump stations. The GSP shall set forth a detailed capital improvement plan (CIP) for 10 years and a general CIP for 20 years. The most recent edition of the Design and Construction Standards shall be included in the GSP by reference. DOE approval of the GSP is required subject to RCW 90.48.110(3), WAC 173-240-030, 173-240-040, and 173-240-050. The GSP is a stand-alone technical plan, referenced here for consistency with the comprehensive plan, and maintained by the public works director. The general sewer plan will be updated in accordance with RCW 35.67.030 and, when required, modifications must be approved by the Department of Ecology. The planning commission shall provide recommendations on comprehensive plan policy updates consistent with the general sewer plan and city of Edgewood Municipal Code as needed for consistency. The GSP shall include those elements described in Section G1-2.4 of the Orange Book and WAC 173-240-050. (Ord. 08-310 § 7; Ord. 06-271 § 1).

11.30.050 Levels of service.

The director shall prepare and the council shall adopt levels of service for the operation and maintenance of the sewer utility. The base level of service shall be in compliance with Washington State law and DOE regulations. The adopted levels of service shall be used to set staffing requirements and budgets, and to evaluate the performance of the sewer utility. (Ord. 06-271 § 1).

11.30.060 Design and construction standards.

The director shall prepare and the council shall adopt by resolution design and construction standards for the sewer utility entitled Design and Construction Standards, which shall provide for administrative changes and variances. (Ord. 06-271 § 1).

11.30.070 Sewer availability.

A. Sewer availability is defined in EMC 11.30.020. The initial capacity of the sewer system, as determined by the method in EMC 11.30.080, is adequate only for build-out of Phase I properties. Expansion of sewer system capacity will be required before properties within Phase II will be provided sewer availability. Sewer availability for Phase II shall not occur until 20 years following adoption of the GSP. Sewer availability for Phase III properties shall not occur until 50 years following adoption of the GSP.

B. The city will not provide sewer service outside its municipal boundary. (Ord. 06-271 § 1).

11.30.080 Sewer system capacity, record, and reservation.

A. The capacity of the city’s sewer system shall be determined as set forth in interlocal agreement(s) between the city and other jurisdictions for wastewater conveyance and treatment or by the design and construction of a wastewater treatment plant. The capacity shall be established in ERUs. The value of an ERU is as set forth in EMC 11.30.020. The sewer utility shall establish flow meters at all city discharge points and, from time to time, shall evaluate the correlation between the ERUs issued and the actual quality and quantity of sewage discharged. The value of an ERU and the number of remaining ERUs shall be adjusted, as necessary, to reflect the actual values determined from said evaluation, by ordinance of the council and approval by the DOE, if required.

B. The director shall keep a record of the sewer system capacity, and as connection permits are issued shall subtract the number of ERUs assigned to each permit and keep a balance of available ERUs.

C. Sewer system capacity shall be reserved for properties within LIDs when the conditions set forth in subsection (F) of this section have been met. The director shall determine the amount and timing of capacity that can be reserved based on the capacity available at the time of the request, the scheduling of construction for expansion of capacity, and the amount of capacity demand in current competing requests for capacity.

D. Sewer system capacity may be reserved for property whose owner is a contributing party to a system extension agreement when the conditions set forth in subsection (F) of this section have been met.

E. Sewer system capacity may be reserved for new building construction, redevelopment, or changed use, when the conditions set forth in subsection (F) of this section have been met.

F. Conditions for Sewer System Capacity Reservation.

1. The owner enters into a sewer system capacity reservation agreement with the city; and

2. A reservation charge, equal to one-half the current connection charge, has been paid; and

3. The project application has been deemed to be complete; or

4. If the property’s owner is a contributing party to a system extension agreement, the project application will be deemed complete, for the purposes of sewer system capacity, upon approval of the system extension agreement by the council. The owner may reserve system capacity, up to his predetermined share of system capacity, for that system extension project.

G. System capacity may be so reserved for a period of five years, at which time the reservation will be extinguished, unless the connection charge shall have been paid prior to the five-year anniversary date of the sewer system capacity agreement. The connection charge shall be that which is in effect at the time of such payment, less the reservation charge previously paid.

H. Upon the reservation being so extinguished, the reservation charges, paid to reserve sewer system capacity, shall be forfeited and retained by the city.

I. As consideration for continued reservation of sewer system capacity, monthly reservation charges equal to monthly sewer rates for that capacity shall commence upon full payment of the connection charge, and continue until a physical connection is actually made, or the reserved connection is relinquished by action of the owner.

J. When all available ERUs have been assigned to connections or reserved, no additional connection permits or reservations shall be issued. (Ord. 06-271 § 1).