Division I. PHUGA Sewer Utility Code
Chapter 13.01
GENERAL PROVISIONS
Sections:
13.01.010 Port Hadlock UGA sewer utility created.
13.01.030 Construction and severability.
13.01.040 Minimum requirements and conflict of provisions.
13.01.050 Responsibilities of the sewer utility.
13.01.060 County not liable for damages.
13.01.070 Operator of the Port Hadlock UGA sewer utility.
13.01.010 Port Hadlock UGA sewer utility created.
(1) RCW 36.94.020 authorizes counties to provide sewer service.
(2) The board of county commissioners establishes a sewer utility for the Port Hadlock UGA, for the purpose of developing, operating, and maintaining the PHUGA sewer system.
(3) The sewer utility governed by this division of the Jefferson County code shall be known as the Port Hadlock UGA sewer system utility (“PHUGA sewer system utility”).
(4) The PHUGA sewer utility shall be developed, operated, and maintained in a manner consistent with the Port Hadlock UGA Sewer Facility Plan (2008), as periodically updated.
(5) Chapters 13.01 through 13.09 JCC shall be known as the “PHUGA sewer utility code.”
(6) This PHUGA sewer utility code is enacted pursuant to the police power of Jefferson County, a political subdivision of the state of Washington, as set forth in Article 11, Section 11 of the Washington State Constitution, to protect the public health, safety, and welfare of the citizens of Jefferson County and Chapter 36.94 RCW. [Ord. 7-24 § 3 (Appx. A)]
13.01.020 Purpose.
The purpose of this PHUGA sewer utility code is to:
(1) Provide for the planning, design, construction, use, maintenance, repair, improvement, extension, replacement, and inspection of the PHUGA sewer system;
(2) Establish programs and regulations to provide for the appropriate use of the PHUGA sewer system;
(3) Provide for the enforcement of the provisions of this PHUGA sewer utility code;
(4) Provide for the adoption of engineering standards, county manuals, and technical specifications;
(5) Provide for and promote the health, safety, and welfare of the general public;
(6) Establish charges for constructing, operating, and maintaining the PHUGA sewer system; and
(7) Provide for appeals of certain decisions of the director of the department of public works. [Ord. 7-24 § 3 (Appx. A)]
13.01.030 Construction and severability.
(1) Liberally Construed. The provisions of this PHUGA sewer utility code shall be liberally construed to accomplish the purposes of this PHUGA sewer utility code as enumerated in JCC 13.01.020.
(2) Severability. If any provision of this PHUGA sewer utility code, engineering standards, or related manuals, or its application to any person or circumstance, is determined to be invalid by a court of competent jurisdiction, all other provisions of the code, engineering standards, or related manuals, or the application of the provision to other persons or circumstances are not affected. Any offending provision of the code, engineering manual, or related manuals shall be severable from the remainder. [Ord. 7-24 § 3 (Appx. A)]
13.01.040 Minimum requirements and conflict of provisions.
(1) The requirements of this PHUGA sewer utility code are the minimum requirements for the use and management of the PHUGA sewer system, and shall not be construed to prevent the enforcement of more stringent standards imposed by other federal, state, or local law and regulations.
(2) Should a conflict occur between the provisions of this code, the engineering standards or manuals adopted by the county in relation to this code, the most restrictive requirement shall be applied, except when constrained by federal, state, or local law. [Ord. 7-24 § 3 (Appx. A)]
13.01.050 Responsibilities of the sewer utility.
The PHUGA sewer system utility is responsible for providing service to customers within the Port Hadlock UGA, subject to the requirements of this PHUGA sewer utility code, other provisions of the Jefferson County Code, and applicable state and federal law. The responsibilities of the utility include the following:
(1) Development of a comprehensive sewer plan for the PHUGA sewer system;
(2) Collection, treatment, and disposal of domestic, commercial, and industrial wastewater in accordance with federal and state regulations;
(3) Establishment of charges for collection, treatment, and disposal of wastewater that provide adequate revenue for administration, operation, and maintenance of the PHUGA sewer system; and
(4) Provision for customer billing services and processes that are fair, equitable, and in compliance with accepted accounting principles. [Ord. 7-24 § 3 (Appx. A)]
13.01.060 County not liable for damages.
(1) The county shall not be liable for damages for loss of production, sales, or service if the PHUGA sewer system fails or is curtailed, suspended, interrupted or interfered with, for any cause reasonably beyond the county’s control. Such failure, curtailment, suspension, interruption, or interference shall not be held to constitute a breach of contract on the part of the county, or in any way affect any liability for payment for PHUGA sewer system services made available or for money due on or before such occurrence.
(2) Nothing contained in this code is intended nor shall be construed to create or form the basis for any liability on the part of the county, its officers, employees, or agents, for any injury or damage resulting from the failure of property owners or responsible parties to comply with the provisions of this code, engineering standards, related manuals, technical specifications, or enforcement orders under JCC Title 19 related to this code. [Ord. 7-24 § 3 (Appx. A)]
13.01.070 Operator of the Port Hadlock UGA sewer utility.
The department under the direction of the director shall operate the PHUGA sewer utility. The director, with the concurrence of the board of county commissioners, may enter into agreements with other persons for the operation of the PHUGA sewer utility. [Ord. 7-24 § 3 (Appx. A)]