Chapter 13.04 CONNECTION TO PHUGA SEWER SYSTEM

Chapter 13.04
CONNECTION TO PHUGA SEWER SYSTEM

Sections:

13.04.010 Connection – When required or permitted.

13.04.020 Mobile home park requirements.

13.04.030 PHUGA sewer system extension.

13.04.040 Sewer connection permit required for connection.

13.04.050 Exception to sewer connection requirement.

13.04.060 Sewer easements required as a condition of sewer connection permit.

13.04.070 Construction or alteration of PHUGA sewer system components – Requirements.

13.04.080 Location of building sewer and side sewer connection.

13.04.090 Work in WSDOT or county right-of-way.

13.04.100 Inspection of work by director.

13.04.110 Ownership and maintenance of PHUGA sewer system components.

13.04.120 Disconnecting from PHUGA sewer system – Permit required.

13.04.010 Connection – When required or permitted.

(1) Under JCC 18.18.060(4) this code describes when sewers will be considered to be “available” for the purposes of turning off the transitional rural zoning in Chapter 18.19 JCC for the PHUGA. When sewers are “available,” urban growth area standards in Chapter 18.18 JCC apply. JCC 13.02.010 defines “available” and “availability.”

(2) This section describes areas within the Port Hadlock UGA where the PHUGA sewer system is “available,” as described in JCC 13.02.010, where individual properties within those areas are required or permitted to connect to the PHUGA sewer system. All individual properties where the PHUGA sewer system is available are permitted to connect to the PHUGA sewer system, provided they pay the required fees.

(3) Table 4-1 determines when properties within the PHUGA are required to connect to PHUGA the sewer system.

Table 4-1
Properties Within Port Hadlock UGA Where Sewer Connection Required
Use	“Adequate”(a) On-Site Sewage System?	Sewer System “Available”(b)?	Connection Required?
Sewer Not “Available”(b)
Existing structure	Yes or No	No	No
Major modification of existing structure	No	No	No(c)
New structure	N/A	No	No(c)
Sewer “Available”(b)
Existing single-family residence or duplex	No	Yes	Yes
Existing single-family residence or duplex	Yes	Yes	No
Major modification of a single-family residence or duplex	No	Yes	Yes
Modification of a single-family residence or duplex	Yes	Yes	No
New single-family residence or duplex	N/A	Yes	Yes
New accessory dwelling unit (ADU)	N/A	Yes	Yes(d)
Garage or addition to structure without plumbing	Yes	Yes	No
Existing multifamily dwelling	Yes or No	Yes	Yes
Major modification to a multifamily dwelling	No	Yes	Yes
New multifamily dwelling	N/A	Yes	Yes
Existing nonresidential structure with less than 1 ERU per month average water use	Yes	Yes	No
Existing nonresidential structure with less than 1 ERU per month average water use	No	Yes	Yes
Existing nonresidential structure with equal to or greater than 1 ERU per month average water use	Yes or No	Yes	Yes
New nonresidential structure (with plumbing)	N/A	Yes	Yes
Major modification to a nonresidential structure	No	Yes	Yes
Notes: (a) “Adequate OSS” is defined in JCC 13.02.010. (b) “Available” is defined in JCC 13.02.010. See subsection (1) of this section and JCC 18.18.060(4) for the relationship between sewer availability and the urban growth area standards in Chapter 18.18 JCC. (c) Subject to no protest agreement per JCC 18.19.120(3) or other binding agreement requiring connection to sewer when “available,” as defined in JCC 13.02.010. (d) See subsection (5) of this section for requirements for connecting a new detached ADU to the PHUGA sewer system.

(4) If there is any question whether the on-site sewage system is an “Adequate OSS,” the director shall consult with Jefferson County environmental health department. See JCC 18.19.120 and Chapter 8.15 JCC.

(5) When connecting a new detached ADU to the PHUGA sewer system, all other structures with plumbing on the same property are required to connect to the PHUGA sewer system at the same time. [Ord. 6-25 § 3 (Appx. A); Ord. 9-24 § 3 (App. A (Exh. 5)); Ord. 7-24 § 3 (Appx. A)]

13.04.020 Mobile home park requirements.

(1) Pursuant to RCW 35.67.370, an existing mobile home park with an existing functional on-site sewage system is not required to connect to the PHUGA sewer system, unless the Jefferson County department of environmental public health determines that the on-site sewage system serving the mobile home park is failing, as defined in this PHUGA sewer utility code and WAC 272-246A-280.

(2) An existing mobile home park within the PHUGA may apply for connection to the PHUGA sewer system pursuant to JCC 13.04.040.

(3) Any new mobile home park within the PHUGA is required to connect to the PHUGA sewer system as provided for in this chapter.

(4) Any expansion of or addition to a mobile home park within the PHUGA is required to connect to the PHUGA sewer system as provided for in this chapter. [Ord. 7-24 § 3 (Appx. A)]

13.04.030 PHUGA sewer system extension.

(1) Any property owner within the PHUGA may apply for a connection to the PHUGA sewer system pursuant to the requirements of this chapter. For the following types of applications, the director will provide the applicant with an initial assessment of the viability of the application:

(a) A petition by property owners to form a local improvement district (“LID”) pursuant to Chapter 13.09 JCC; and

(b) An application by a person to apply to connect to the PHUGA sewer system by providing their own funding source(s) for extension of the PHUGA sewer system collection and conveyance system, and any capacity increases in the treatment system or conveyance system necessary as a result of the expansion.

(2) Factors that will be considered in determining whether to permit new connections to the PHUGA sewer system include:

(a) PHUGA sewer system capacity, including collection, conveyance, and MBR capacity;

(b) Ability to treat and dispose of proposed high-strength wastewater or accommodate need for pretreatment;

(i) The exact location of the extension;

(ii) Engineered drawings of all PHUGA sewer system improvements necessary to accomplish connection, stamped by a licensed professional engineer in the state of Washington and in compliance with all technical specifications required by the director;

(iii) Any required sewer easements; and

(d) Any other information determined necessary by the director to fully evaluate an application.

(3) The county may, at its sole discretion, initiate an expansion of the PHUGA sewer system service area within the PHUGA. The county may initiate formation of a LID for the purpose of funding sewer extensions or expansions, or the county may secure grants or appropriations for this purpose.

(4) When sewer becomes available to properties by means of a sewer system extension, connection requirements for affected properties shall be as shown in Table 4-1 in JCC 13.04.010. [Ord. 7-24 § 3 (Appx. A)]

13.04.040 Sewer connection permit required for connection.

(1) Property owners who request to or who are required to connect to the PHUGA sewer system shall make application to the director or their designee. The application shall be made on forms developed by the department.

(2) Issuance of a sewer connection permit does not release the property owner from obtaining other permits as may be required under law.

(3) The applicant shall pay all applicable sewer connection permit and inspection charges, and a system development charge as required by Chapter 13.05 JCC upon application for a sewer connection permit.

(4) The applicant shall provide all information required for the sewer connection permit application submittal, as determined by the director by administrative rule authorized by JCC 13.03.010(6). Submittal requirements include but are not limited to: all documentation necessary to demonstrate compliance with technical specifications, any necessary sewer easements for equipment installation and maintenance pursuant to JCC 13.04.060, design drawings, engineering calculations, and maps.

(5) As a part of application review, the director may request changes and designate changes in the placement of all PHUGA sewer system components required on the parcel to assure proper functioning of the PHUGA sewer system. The director may require the applicant to furnish plans prepared and stamped by a professional engineer, licensed in the state of Washington, when necessary, due to the complexities of a specific connection or when deviations from the technical standards and specifications are proposed.

(6) In evaluating the application, the director shall determine whether sewer capacity is available and whether the connection meets all requirements of this PHUGA sewer utility code and the PHUGA sewer manual. If the director finds that the application meets all requirements and that sewer capacity is available, the director may approve the application and issue a sewer connection permit.

(7) The director may include conditions of approval of a sewer connection permit to ensure completion of all necessary technical steps and construction work to establish the connection, and require timelines for the applicant to make the connection. The director shall include a condition disclosing that if the applicant fails to make the connection in a timely manner, the director may complete the connection as specified in JCC 13.04.070(6).

(8) The property owner shall comply with all the conditions and requirements of the sewer connection permit.

(9) Property owners presently using an existing on-site sewage system shall comply with any decommissioning requirements prescribed by the director of the Jefferson County department of public health. At minimum, decommissioning or abandonment of an on-site sewage system shall conform to the requirements of WAC 246-272A-0300 and Chapter 8.15 JCC, as now or hereafter amended.

(10) It is unlawful to make any connection or addition to any part of the PHUGA sewer system without a valid sewer connection permit issued by the director.

(11) If a building permit is required under JCC Title 15, a sewer connection permit issued under this chapter shall be valid for the same period of time that the building permit is pending (not yet finalized or expired). If no building permit is required, the PHUGA sewer connection permit shall be valid for one year from the date of issuance. Upon written request by the applicant, the sewer connection permit may be extended one time for a one-year period. [Ord. 7-24 § 3 (Appx. A)]

13.04.050 Exception to sewer connection requirement.

(1) The director, in their discretion after consultation with the directors of Jefferson County departments of community development and public health, may provide for an exception to the PHUGA sewer system connection requirements of this chapter for a residential property when the PHUGA sewer system connection:

(a) Is not technically feasible due to pre-existing artificial or natural geographic barriers that were not put in place by the applicant or their predecessors; or

(b) When the property is located in an existing sewer service area available to the residential property as defined in JCC 18.19.120(4) and which has capacity to accommodate the proposed development and there are other extenuating circumstances that the director determines makes the connection not technically feasible.

This exception should be interpreted narrowly, and only used in exceptional circumstances.

(2) The grant of a waiver will in no way prevent or deter the extension of public sewers at a future date.

(3) The director may impose conditions to the grant of a waiver, including but not limited to requiring a no-protest agreement or other binding agreement for future connection to public sewer.

(4) The requester of the exception may appeal a denial by the director as authorized under Chapter 13.09 JCC and RCW 36.01.330. [Ord. 7-24 § 3 (Appx. A)]

13.04.060 Sewer easements required as a condition of sewer connection permit.

(1) As a condition of approval of a sewer connection permit, the property owner shall grant sewer easements and other legal instruments as required by the director to allow for access, construction, installation, modification, operation, maintenance, and repair of county-owned and maintained equipment, including, but not limited to: the grinder pump and tank, the grinder pump control panel, and the side sewer from the grinder pump to the pressure sewer system.

(2) The director shall determine the PHUGA sewer system easements and other legal instruments necessary at the time of application for a sewer connection permit.

(3) The dimensions of the PHUGA sewer system easements or other legal instruments for access, construction, repair, and maintenance shall be determined by the director. [Ord. 7-24 § 3 (Appx. A)]

13.04.070 Construction or alteration of PHUGA sewer system components – Requirements.

(1) The director shall review and authorize in advance any work, construction, alteration, excavation, or work performed on the PHUGA sewer system. This requirement is in addition to any other permits or approvals required pursuant to federal, state, or local law.

(2) A contractor (as defined in JCC 13.02.030) is required to install any part of the PHUGA sewer system that will be owned and operated by the county, including but not limited to installation of grinder pumps, sewer lines from the grinder pump to the sewer main, and grinder pump control panels.

(3) All work performed on the PHUGA sewer system shall be in conformance with PHUGA sewer manual adopted pursuant to JCC 13.03.010(6).

(4) All equipment and materials used in performance of a sewer connection shall be as specified in the PHUGA sewer manual.

(5) Any repairs to a building sewer determined necessary by the director shall be made by a contractor (as defined in JCC 13.02.030) within 30 days after the director mails notice by certified mail to the property owner specifying the repairs required; provided, the director may require a shorter time period if an emergency exists.

(6) If a connection is not made within the time and manner specified in the sewer connection permit, the department may complete the connection with its own contractor or employees. The property owner shall bear all costs and expenses incurred by the county in completing the connection. All costs and expenses incurred by the county pursuant to this subsection shall be assessed and billed to the property owner, who shall immediately pay the full amount to the Jefferson County treasurer. If not paid within 90 days, the amount of the assessed costs and expenses shall constitute a lien upon the affected property and run with the land as authorized under JCC 19.10.025 and 19.30.020. The county is authorized to seek any remedy available under law to recoup all expenses and costs, including interest, and may seek any remedy available under Chapter 13.07 JCC or JCC Title 19. [Ord. 7-24 § 3 (Appx. A)]

13.04.080 Location of building sewer and side sewer connection.

(1) A sewer connection shall be made at the point and in the manner specified by the director. Sewer connections include the following: the connection of a building sewer to a grinder pump and tank, and the connection of a side sewer to a pressure sewer system.

(2) A building sewer shall serve only a single structure on one property, unless written approval is obtained from the director allowing multiple properties or multiple structures to be served by one building sewer. [Ord. 7-24 § 3 (Appx. A)]

13.04.090 Work in WSDOT or county right-of-way.

(1) An applicant proposing to complete work in a WSDOT highway or a county road right-of-way or easement must apply for appropriate permits with WSDOT and the county as necessary. The application shall be made on forms developed by the department. The applicant shall pay all charges and provide plans and other information required for the application. WSDOT and county approval for work in public road rights-of-way are required (as necessary) prior to issuance of a sewer connection permit.

(2) Any excavation, pipe bedding, backfill, and restoration of surfacing in the public right-of-way shall be conducted and completed in accordance with the requirements established in the PHUGA sewer manual adopted pursuant to JCC 13.03.010(6), Chapter 13.56 JCC, any permit issued for the work, and any additional requirements imposed by the director.

(3) It is unlawful for any person to fail to protect any excavation in a public right-of-way or in lands adjacent thereto. Protection of an excavation may include fencing, covering or lighting. The protection of the public from the danger of an excavation on or near a public right-of-way shall be the duty of the person making or causing the excavation. The person making or causing the excavation shall be responsible for insuring adherence to all applicable safety and health standards required by the federal Occupational Safety and Health Act (OSHA) and the Washington Industrial Safety and Health Act (WISHA). [Ord. 7-24 § 3 (Appx. A)]

13.04.100 Inspection of work by director.

(1) The director shall inspect any completed work to installed components of the PHUGA sewer system prior to covering or connecting the components to the PHUGA sewer system. The applicant shall request an inspection as required by this subsection.

(2) During the inspection, the director shall determine whether the building sewer meets the requirements of this PHUGA sewer utility code, including all technical specifications adopted in the PHUGA sewer manual adopted pursuant to JCC 13.03.010(6).

(3) The applicant shall correct any deficiencies noted by the director, and shall request a re-inspection.

(4) The applicant is responsible for payment of the cost of any tests required by director.

(5) All inspection charges required under this PHUGA sewer utility code shall be paid prior to final approval of the connection by the director. [Ord. 7-24 § 3 (Appx. A)]

13.04.110 Ownership and maintenance of PHUGA sewer system components.

(1) The county shall own and maintain the following components of the PHUGA sewer system that are located on private property:

(a) Grinder pump control panel;

(b) Grinder pump and tank; and

(2) The property owner shall own and shall maintain the following components:

(a) The electrical panel and the electric service to and including the disconnect box;

(b) The electric service from the disconnect box to the grinder pump control panel;

(d) Any grease trap, grease interceptor, or pretreatment system installed between the grinder pump tank and the building receiving sewer service.

(3) The property owner shall be responsible for paying for electric supply costs to power the grinder pump.

(4) Equipment purchased and installed by the property owner for connection to the PHUGA sewer system identified in subsection (1) of this section shall become the property of the county upon final inspection and approval of installation by the director.

(5) A property owner is legally and financially responsible for any harm or damage to the PHUGA sewer system and components resulting from inappropriate or unlawful discharges or other act, regardless of whether the harm was intentional or because of the negligence of any person. The property owner may be subject to compliance and cost recovery actions by the county pursuant to Chapter 13.07 JCC and JCC Title 19, and any other remedy available under law to recover the cost of repair, replacement, or other damage to the PHUGA sewer system and components.

(6) Diagrams of the PHUGA sewer system components shall be included in the PHUGA sewer manual. [Ord. 7-24 § 3 (Appx. A)]

13.04.120 Disconnecting from PHUGA sewer system – Permit required.

(1) Any property owner who wishes to disconnect a structure from the PHUGA sewer system shall apply for a disconnection permit from the director. An application for disconnection shall be submitted to the director on forms developed by the department.

(2) Disconnection shall only be approved in limited circumstances, and usually only when there is no longer a need for disposal of wastewater on the property.

(3) When disconnection is approved, the building sewer or public sewer shall be sealed and capped in the manner designated by the director and as specified in the PHUGA sewer manual.

(4) County-owned equipment specified in JCC 13.04.110(1) shall be returned to the county unless the county has approved its reuse for a connection on the same property within 12 months of the disconnection, due to a remodel or change of use on a property.

(5) Reconnection of a property to the PHUGA sewer system will be considered a new sewer connection. For reconnection, the applicant shall comply with JCC 13.04.040 and all other applicable requirements of this chapter. For any reconnection, the applicant shall pay all charges associated with a new sewer connection. [Ord. 7-24 § 3 (Appx. A)]