Chapter 13.12 SEWER SYSTEM--OPERATION AND GENERAL REGULATIONS*

1. Except as set forth below, for any lands, buildings, or premises to which a public sewer is currently or becomes adjacent and available, the owner or occupant shall not be required to connect the lands, buildings, or premises to the public sewer so long as the property is served by an existing lawfully functioning individual on-site sewage system.

2. Subject to the limitation set forth in subsection (A)(2)(b) of this section, connection shall be required in the event any of the followi pliance with any then-applicable standards established by the city and completed within such time period as may be allowed by the city acting by and through the director of public works and subject to such other conditions as may be established by the city through municipal code or resolution adopted by the council.

a. Any land, building, or premises for which public sewer service is available within three hundred feet of the property by way of a public right-of-way or easement, but which is served by an on-site sewage system (OSS), when any of the following conditions apply or occur:

i. The OSS serving the land, building, or premises fails to function in the treatment of the liquids and solids which enter into it in compliance with all applicable standards, whether established by statute, rule, regulation, or ordinance, and the Grays Harbor public health department (the department) has determined that the failure of the current on-site system cannot be repaired, so long as there is a public sewer adjacent; or

ii. When the department has determined there is a proposed change in use of any facility, residence, or other structure that exceeds the wastewater strength or capacity of the existing OSS; or

iii. When the department has determined that the continued use of the existing OSS threatens public health or safety.

b. In the event lands, buildings, and premises are served by an individual on-site sewage system which fails to function in compliance with the applicable standards, and there is no public sewer adjacent and available with three hundred feet of the property boundary, but a replacement individual system cannot be lawfully approved to serve the property, then the property must nevertheless be connected to the sewer system in order to allow continuation of use and occupancy of the property which requires treatment of sewerage; provided, that a waiver of the requirement of connection for a period of up to six months may be granted by the city through action of the city council so long as a plan providing for the on-site collection and off-site treatment of the sewerage is approved by the director of the public works department and the department.

B. New Development. Any applicant who proposes new residential or commercial development on any lot or parcel of real property within a horizontal distance of three hundred feet from any existing available sewers shall be required to connect the plumbing outlets from any existing and proposed buildings or structures to the public sewer system.

C. The three-hundred-foot horizontal distance utilized in these situations shall be measured along a straight line from the available connection point to the closest property line.

D. Appeal.

1. Any party affected by a decision to require or waive the requirement of a connection shall have the right to appeal the decision pursuant to the provisions of Chapter 2.20; provided, that the provisions of this section are not available if the applicable decision is exempt from appeal under statutory authority, including but not limited to RCW 35A.21.151(5). The decision of the hearing examiner shall be final and any appeal from the hearing examiner’s decision shall be to the Grays Harbor superior court under and in compliance with the provisions of Chapter 36.70C RCW, the Land Use Petition Act, as now existing or hereafter amended or succeeded.

2. If the appeal is filed by a party being required to connect property to the city’s sewer collection and treatment system, in making the decision on whether or not to grant the appeal, the examiner shall consider such factors as are deemed relevant. Those factors shall include, but are not limited to, the following:

a. Whether it is cost-prohibitive to require the owner to connect to the public sewer system.

b. The public health or environmental impacts from allowing the replacement or repair of the septic system, particularly on surface water and groundwater.

c. The impacts on public sewer system performance or financing from the replacement or repair of the septic system.

d. If there are financial assistance programs or latecomer agreements available to the owner by the town, city, county, or state. (Ord. 1149 §1, 2016).

13.12.030 Connection--Liability for costs--Sewer connection pipe specifications.

The property owner shall pay the costs of sewer connection to the main line constructed by the city. The property owner’s sewer connection pipe shall be of approved materials and installed in a manner meeting the approval of the city and connected to the city’s line in a similar manner; provided, that any such approval shall be for the benefit of the city only and no party other than the city shall have right to rely on such approval. (Ord. 846 §6, 1988: Ord. 643 §1(part), 1977: Ord. 396 §1 (part), 1957: Ord. 192 §1(part), 1956: Ord. 294 §5A(1), 1935).

13.12.040 Connection--Inside property line--Specifications.

Inside the property line, the pipe shall be of such material as may meet the standards which may from time-to-time exist for such utilities by the American Public Works Association, and the sewer connection line inside the property line shall be constructed so that it will insure adequate disposal of the sewage from the premises served. The grade shall be not less than one-fourth inch to one foot. The pipe inside the property line shall be not less than four inches in diameter, except in cases where property owners are required, by nature of the situation of their property, to build a joint line in the event they have secured the permission of the public works director to build such joint line, the pipe shall be not less than four inches in diameter to the "Y" connection of the two lines, and not less than six inches in diameter from the "Y" to the connection with the trunk sewer line. (Ord. 846 §7, 1988: Ord. 641 §1(part), 1977: Ord. 195 §1(part), 1957: Ord. 192 §1(part), 1957: Ord. 392 §1(part), 1956: Ord. 294 §5A(2), 1935).

13.12.050 Connection--Inspection of installation.

Before any installation is accepted or the line covered, the director of public works or his or her designee shall make an inspection and approve the same if construction standards are met; provided that any such inspections for approval are for the sole benefit of the city. (Ord. 846 §8, 1988: Ord. 641 §1(part), 1977: Ord. 395 §1(part), 1957: Ord. 392 §1(part), 1956: Ord. 294 §5A(3), 1915).

13.12.070 Connection--Separate charges for each building or property.

Where a joint line is used by two or more property owners, or where a single sewer connection line is used by one property owner to connect to the city sewer line two or more buildings, for which a monthly charge is required to be made on each building, on the same property, connection charge shall be paid by each property owner, or by one property owner for each building on a single property, so connected to the sewer, except for private garages and other private outbuildings. (Ord. 641 §1(part), 1977: Ord. 195 §1(part), 1957: Ord. 192 §1(part), 1956: Ord. 294 §5A(5), 1915).

13.12.075 Connection--Approval required.

No user shall introduce or cause the introduction of effluent or material of any sort into the sewage system of the city, except through a connection approved by the sewer inspector in the manner provided in Sections 13.12.010 through 13.12.070. (Ord. 641 §1(part), 1977: Ord. 294 §5A(6), 1935).

13.12.080 Connection--Property owner permitted to perform work--Restrictions.

Nothing in Sections 13.12.010 through 13.12.070 shall prevent any property owner from doing his own work and furnishing his own material in constructing the sewer lines on his property and to the point of connection with the city’s sewer connection line, but such property owner shall first make application and receive a permit as indicated in Section 13.12.060. The actual connection to the city’s sewer line can be made only under the supervision and in the presence of the sewer inspector. (Ord. 192 §2, 1956).

13.12.090 Rates and charges--Designated.

A. Rates and charges for the use of the sewer system of the city which shall be from time to time charged by the city for the provision of sewer service shall be established by the city council by the adoption of written resolution. Such resolution shall be introduced and acted upon in the manner normally utilized for the adoption of resolutions and shall require for adoption an affirmative vote by a majority of the entire council. Charges to be assessed for connection to the system or for the provision and installation of necessary meters may be established either in the manner set forth herein or by ordinance. (Ord. 918 §5, 1991: Ord. 881 §1, 1991: Ord. 880 §3, 1991: Ord. 846 §9, 1988: Ord. 826 §5, 1987: Ord. 771 §1, 1984: Ord. 717 §5, 1981: Ord. 672 §1, 1978; Ord. 627 §§1-4, 1977: Ord. 572 §1(part), 1975: Ord. 529 §1(part), 1971: Ord. 191 §2(part), 1956).

13.12.095 Rates and charges--Effective date.

The rates established by Section 13.12.090 shall be charged for all services provided on and after the first day of the billing period as of November 1, 1991. (Ord. 881 §2, 1991: Ord. 880 §4, 1991).

13.12.100 Rates and charges--Construction of Section 13.12.090.

A. The number of patients in a sanitarium, rest home or nursing home shall be computed by figuring the average daily number of patients for the five days next following the 15th day of each month.

B. The number of students for schools shall be computed by using the average daily attendance on the five school days immediately following the 15th day of each month, commencing with September 15th of each year.

C. All schools, sanitariums, rest homes, nursing homes and like establishments shall report in writing to the city clerk-treasurer on or before the 25th day of each month the number of students or patients computed in the manner provided in this section.

D. Residences includes all single-family dwellings; each unit of a duplex shall constitute a residence. All residences shall pay the charge for a residence whether they use a separate or joint line to the city sewer.

E. A dwelling house which also contains one or more apartments shall pay the rate for a residence, and in addition thereto shall pay the monthly apartment charge for each apartment. Duplexes, apartments, or dwelling houses containing one or more apartments shall pay the charges specified in this section, whether each unit has its own sanitary facilities or whether they share facilities.

F. Businesses include all users where, under the water ordinances, a business house or occupancy is required to install a water meter, and include all forms of business, whether professional, commercial, industrial, or merchants. (Ord. 391 §§3--8).

13.12.110 Where water service is metered--Sewer use considered equal to water use--Exception.

Where water service is metered, a determination of the amount of sewage discharged into the sanitary sewer system shall be made. Ordinarily, except where a significant proportion is not discharged into the sanitary sewer system, the amount shall be considered equal to the water used as measured by the water supply meter. (Ord. 572 §1(part), 1975: Ord. 529 §1(part), 1973: Ord. 391 §2(a) (part), 1956).

13.12.120 Where water use is metered--Credit for uncontaminated flow.

Whenever a customer uses water for irrigation or for cooling, processing or other purposes which produce an uncontaminated effluent, satisfactory for direct discharge into storm sewers or surface waterways, he may separate this water from the sewage and discharge it into a storm sewer or waterway as approved by superintendent. He may submeter either the sewage flow or the uncontaminated water flow, whichever is more practicable, so that he may receive credit for the uncontaminated flow and be charged only for the sewage discharged into the sanitary system, or the difference in readings between the water supply meter and the submeter. It is incumbent upon the customer to provide the facilities, including an approved submeter, to accomplish separation. Such facilities and the manner of operation thereof shall be approved by the superintendent in writing. (Ord. 572 §1(part), 1975: Ord. 529 §1(part), 1971: Ord. 191 §2(a)(part), 1956).

13.12.125 Sewage flow meter.

A. Any user of the city’s sewer system may, upon approval by the city supervisor of the plans and specifications therefor, install a sewage flow meter at such point in the user’s connecting line with the system as may be established by the city supervisor. The costs and performance of acquisition, installation, maintenance and operations shall be the sole responsibility of the user; provided, that the city and user may enter into written agreements for the provisions of any or all of these services at the expense of the user.

B. Any user who elects or is required by the city to install a flow meter, the installation and operation of which meets the approval of the city supervisor, shall pay such rate and/or charge for use of the city’s sewer system established as may be established by resolution. (Ord. 950 §1, 1995: Ord. 612 §1, 1977).

13.12.150 Flow measurement and sample collection procedures.

In the event the city exercises its option to compute the user’s service bill or charge by the utilization of a sewer meter, the following procedure shall be followed:

A. The user shall install, at the user’s expense, subject to the city’s approval, a flow meter, so as to most accurately meter the sewage flow from the user’s systems in the city system.

B. The user shall install, at the user’s expense, subject to the city’s approval, such facilities as the city may reasonably require to allow the collection of samples of the flow for the purpose of testing, to determine the characteristics of the flow from the user’s system in relation to

1. Biochemical oxygen demand;

2. Suspended solids;

3. Any other pollutant or element which is either now, or may be in the future, required to be evaluated by the city or any governmental agency having jurisdiction.

C. The user shall allow the removal of samples of its flow at such times as are requested by the city. This removal is to be accomplished by employees of the city, or its agents; or alternatively, with the consent of the city, samples to be removed for this purpose may be removed by the user in such manner as is approved by the city, said samples being turned over to the appropriate official, employee or agent of the city for evaluation. In either event, the user shall pay the cost of the analysis of the sample removed upon presentment of a statement for such expenses from either the city, or any employee, agent or independent contractor employed by it for this purpose. Additionally, with the consent of the city, the user may cause, at his own expense, any sample removed pursuant to the requirements of this section to be analyzed by a certified testing laboratory of his own choice and may present to the city the results of such tests. The city, in its sole discretion, may accept these tests in lieu of the tests which otherwise would be carried out by the city. (Ord. 950 §2, 1995: Ord. 572 §1(part), 1975: Ord. 529 §1(part), 1971: Ord. 191 §2(b)(part), 1956).

13.12.160 Credit for uncontaminated flow based on estimate.

Where a user demonstrates, to the satisfaction of the city, that metering of processed or uncontaminated water is impractical, but said user separates sewage so that it is only discharged into the sanitary system, the city official having responsibility for supervision of the system may estimate the credit against the water used to determine the amount of sewage contributed to the sanitary system and, subject to approval by the council, issue such credit against the amount which would otherwise be owing. (Ord. 950 §3, 1995: Ord. 572 §1(part), 1975: Ord. 529 §1(part), 1973: Ord. 191 §2(c)(part), 1956).

13.12.170 Payment--Due date--Clerk authorized to receive.

The charges and rates imposed by this chapter shall be paid by the person or persons, firms or corporations responsible for the payment of the fee, rate or charge for the provision of water service to the premises pursuant to provisions of Chapters 13.04 or 13.08 of this code, such payment to be made in the same manner and under the same procedure and timing as may from time to time control the payment for water service, such payment to be made to the city clerk-treasurer, who is authorized and empowered to collect and receipt for such payments. (Ord. 766 §1, 1983: Ord. 294 §7, 1935).

13.12.180 Payment--Delinquent--Additional charge.

In the event the prescribed rates and charges have not been paid on or before the fifteenth day of the month in which the same are due, such payment shall be deemed delinquent. (Ord. 677 §3, 1978: Ord. 294 §8, 1935).

13.12.190 Payment--Delinquent--To become lien against property.

If any payment of service charges is delinquent for a period of six months, the city clerk-treasurer shall certify such delinquency to the treasurer of Grays Harbor County, and such charges and the penalties added thereto, and interest thereon at six percent per year shall be a lien against the property on which the service is given, subject only to the lien for general taxes. Nothing contained in this chapter shall be held or construed to relieve the property served from such liability. (Ord. 294 §9, 1935).

13.12.200 Sewer system fund--Created--Purpose.

There is created a fund, to be known as the sewer system fund, which is the fund into which all sewer moneys and revenues, other than indebtedness retirement funds, shall be placed, and out of which all bills and demands shall be paid. (Ord. 294 §10, 1935).

13.12.210 City payment for sewer services.

The city shall pay out of the proper funds in the city treasury, in the same manner as other current claims against the city are paid, all charges and rates specified in this chapter for the use of the facilities and furnishing of services of the sewer system to the city. (Ord. 294 §11, 1935).

13.12.220 Sewer system fund--Reimbursement of water funds furnished to sewer system.

If water is furnished to the sewer system by the municipally owned water plant of the city, such water service shall be metered, and the water funds shall be reimbursed from the sewer fund for such service. (Ord. 294 §4, 1935).

13.12.230 Discontinuance of charges only upon discontinuance of water service.

Sewer and garbage charges shall be controlled through water service, as follows: The sewer and garbage charges shall be discontinued only when the water service to such premises is shut off at the request of the consumer; if there are one or more tenants on premises being furnished water service through the same meter or connection, then the sewer and garbage charges must be paid as long as the water meter, or service, is turned on. (Ord. 377 §1(part), 1954: Ord. 294 §4A, 1935).

13.12.240 New connections from in-flow sources prohibited.

A. On and after the effective date of the ordinance codified in this section it shall be unlawful and prohibited for there to be any new connections from in-flow sources under the sanitary sewer portion of the sewer system of the city.

B. For purposes of this section, the terms utilized shall have the following definitions:

1. "In-flow" means water discharged into a sewer system, including service connections, from such sources as, but not limited to, roof leaders; cellar, yard, and area drains; foundation drains; cooling water discharges; drains from springs and swampy areas; manhole covers; cross-connections from storm sewers and combined sewers; catch basins; storm waters; service run-off; street wash waters; or drainage. In-flow shall not include, and is to be distinguished from, infiltration.

2. "Infiltration" means water entering into the sewer system, including sewer service connections, from the ground, through such means as, but not limited to, defective pipes, pipe joints, connection or manhole walls. (Ord. 568 §§1, 2, 1975).

13.12.250 Grease racks and wash racks--Connection with system prohibited--Continuance of existing racks.

A. It is unlawful for any person, firm or corporation to connect any wash rack or grease rack drain with the sanitary sewer system of the city.

B. All existing wash racks or grease racks now connected with the sanitary sewer system shall be permitted to continue such connection, provided there shall be forthwith installed in all such connections a suitable and adequate grease trap between the wash rack or grease rack and the sanitary sewer system, so as to prevent the escape of any oil or grease of any kind or character into said sanitary sewer system; and such grease traps shall at all times be kept in proper condition so that no grease or oil can in any manner escape into said sanitary sewer. (Ord. 331 §§1, 2, 1944).

13.12.260 Grease racks and wash racks--Inspection by water superintendent.

It is the duty of the water superintendent of the city to inspect at such times as he may deem proper any wash rack or grease rack within the city, for the purpose of determining whether or not the same is being kept and operated in the manner required in this chapter. (Ord. 331 §3, 1944).

13.12.270 Allowing grease to enter sewer system prohibited.

It is unlawful for any person, firm or corporation to at any time suffer, allow or permit any grease or oil of any kind, from any source within the custody or control of such person, firm or corporation, to escape into, or be placed in, the sanitary sewer system of the city, or to place or leave any such oil or grease where the same may in any manner get into said sewer system or any part thereof. (Ord. 111 §4, 1944).

13.12.280 Allowing septic disposal system waste material or wastewaters into sanitary sewer prohibited.

A. It shall be unlawful for any person to discharge any waste material or product, whether liquid or solid, which has been removed from a septic disposal system not connected to the city’s system into any sanitary sewer of the city. It shall further be unlawful to discharge any stormwater, surface water, groundwater, roof runoff, or surface drainage, into said system.

B. The provisions of this section shall be subject to waiver by action of the council upon written applications and upon such conditions as will establish such limits as to quantity and quality as may be found necessary to insure prevention of system overload or operational quality degradation. (Ord. 808 §1, 1985).

13.12.290 Side sewer--Defective--Notice to owner.

Whenever a building side sewer is found to be defective as provided in Sections 13.12.290 through 13.12.120, notice shall be given to the property owner. Such notice shall be personally served upon said individual or alternatively served by mail at the premises or the place where property tax assessments are mailed. Notice shall also be served upon any tenant of the building if occupied by a person other than the owner. Upon such notice, it shall be the property owners’ obligation to obtain permits and replace said defective side sewer to city standards within ninety (90) days of such notice.

Notice, if mailed, shall be mailed by certified mail, return receipt requested, and by United States Postal Service, first class postage prepaid, to the address indicated. It shall be deemed received upon the earlier occurring of physical delivery to the owner or the third day after depositing in the United States mails, properly addressed and postage prepaid. (Ord. 1014 §1, 2000).

13.12.300 Side sewer--Responsibility for maintenance and repair.

The property owner shall be solely responsible for the maintenance and repair of the sewer line from the property line or curbside at the lateral to the building or residence upon the property, and the city shall be responsible for the maintenance and repair of the lateral from the property line or curbside to the point of such hookup or connection at the sewer main. (Ord. 1014 §2, 2000).

13.12.310 Side sewer--Testing requirement--Termination of service when.

A. Any property owner who has been notified that the side sewer serving the owner’s property has been determined to be defective may elect to require the city to perform an air test to verify the defective condition of the side sewer in question. Such tests shall be conducted only upon written authorization from the property owner as part of the city permit application and upon the property owner’s agreement that the owner shall be responsible for the costs of such test, as set within this section.

B. 1. Where such tests confirm the defective condition, the city shall bill the property owner for the costs of the test in such timely manner as may be determined by the clerk-treasurer. Such costs shall be deemed to be a utility charge and shall be subject to enforcement, in the event of failure to timely pay, in the same manner as the period utility service charge.

2. Should the testing show the side sewer not to be defective, the city shall bear the cost of the testing.

3. Cost of such testing shall be established by action of the council in such amount as may be deemed necessary and appropriate to recapture the costs associated with the preparation for, carrying out of, and evaluation of the results.

The test shall be performed in such manner as may be established by the city council, based upon the recommendation of the city engineer.

C. Failure of a side sewer to pass the testing requirement shall conclusively establish that the side sewer is defective and must be replaced.

D. Any such defective side sewer not replaced within ninety (90) days from notice thereof shall be disconnected from the city’s public sewer; provided, however, five days’ advance written notice shall be given of any such disconnection. In recognition of the physical disruption of the surface necessitated by the taking of such an action, as an alternative to disconnection of the property from the collection system, the city may give notice of intention to terminate water service to the property served by the noncorrected side sewer, with the same amount of advance notice. In either event, the service shall not be resumed until the city is reasonably satisfied that the side sewer has been corrected and meets city standards. (Ord. 1014 §3, 2000).

13.12.320 Side sewer--Backflow prevention.

A. When, in the opinion of the director of public works, based upon applicable engineering standards and/or actual experience, there is a possibility of backup into the side sewer serving a property from head pressure or other causes existing or potentially existing in the public sewer, minimum elevations may be prescribed by which gravity flow may be obtained. Flow from any building drain lower than that prescribed shall be raised by approved artificial means or, if determined necessary by the administrative authority for protection against flooding by such backflow, a backwater valve shall be installed by the owner or his, her, or its designee at the owner’s expense.

B. Effective operation of any backwater valve and/or any mechanical device to lift sewage and wastes shall be the responsibility of the owner of the property served by the particular side sewer. To the maximum extent allowed by law, the city shall be held harmless from any damage or injury sustained from the failure to install or the installation or operation of a backwater valve and/or mechanical lifting device. (Ord. 1014 §5, 2000).