Chapter 13.50 SEWER SYSTEM

“Abut or abutting” means a parcel where the entire length of any one property line or parcel boundary line is adjacent to an easement and/or public right-of-way in which a sanitary sewer is located.

“Biosolids” means a microbial mass, produced by the reproduction of individual wastewater microorganisms under favorable homeostatic conditions, resulting in a solid or semisolid by-product of a wastewater treatment facility.

“BOD” (biochemical oxygen demand) means the quantity of oxygen utilized in the biochemical oxidation of organic matter in five days at 20 degrees Celsius, expressed in milligrams per liter. Quantitative analysis shall be made in accordance with procedures set forth in “Standard Methods.”

“Brush/brown yard waste” means brush, limbs and woody material obtained from pruning of residential properties, which must be chipped prior to composting and is transported in trash containers.

“Building drain” means that part of the lowest horizontal piping of a drainage system which receives the discharge from soil, waste and other drainage pipes inside the walls of the building and conveys it to the building sewer.

“Bulk brush/brown waste” means brush, limbs and woody material obtained from pruning, which must be chipped prior to composting in quantities normally greater than two cubic yards.

“Bulk green waste” means grass, leaves, vegetable matter, and other soft green waste in quantities normally greater than 10 cubic yards.

“City” or “City of Langley” means the city of Langley.

“City engineer” means the city engineer of the city or a duly authorized representative.

“Clean Water Act” or “Act” means the federal Water Pollution Control Act, PL 92-500, and any amendments thereto; as well as any guidelines, limitations, and standards promulgated by the Environmental Protection Agency pursuant to the Act.

“COD” (chemical oxygen demand) means the measure of the oxygen equivalent of the organic matter content of a sample that is susceptible to oxidation by a strong chemical oxidant. Quantitative analysis shall be made in accordance with procedures set forth in “Standard Methods.”

“Composite sample, 24-hour, flow proportional” means a mixture of discrete samples, collected either manually or by automatic sampler, taken at the same sampling point with the sample volume being proportional to flow as measured over a 24-hour period.

“Compost facility” means the biosolid composting operation of the city of Langley located at the city’s wastewater treatment facility.

“Compostable material” means any suitable green waste (yard or bulk), brush/brown waste (yard or bulk), biosolids, dewatered cake material, or general organic material.

“Connecting sewers” means all of the items required to connect the building sewer to the existing municipal wastewater collection system.

“Contract cooling” means any cooling process whereby unpolluted water is brought into intimate or direct contact with any industrial, manufacturing trade, or business product for the purpose of heat dissipation or removal.

“Customer” means the property owner and/or occupant at the location where services are delivered.

“Director” means the public works director or his designee.

“Discharge rate, average daily” means the total volume of discharge, in gallons, occurring within a 24-hour period, which is representative of the majority of days in which a waste is discharged.

“Discharge rate, maximum daily” means the total volume of discharge, in gallons, occurring within a 24-hour period, which is representative of the maximum volume of waste which is, or potentially could be, discharged under other than average circumstances.

“Domestic wastewater” means untreated sanitary wastes from residential sources that pass through a sewer system to a publicly owned treatment works (POTW) for treatment.

“Dwelling unit” means a residential establishment consisting of a detached building.

“Effluent” means the water, together with any waste that may be present, flowing out of a building, process or treatment facility.

“Engineering department” means the city of Langley engineering office located at 112 Second Street, City Hall, Langley, Washington.

“EPA” means the federal Environmental Protection Agency.

“Explosionmeter” means a monitoring device used for the detection of combustible and/or toxic gases.

“Fat, oil and grease” means any substance or material with similar physical characteristics, such as biological lipids and mineral hydrocarbons, which can be determined quantitatively on the basis of their common solubility in trichlorotrifluoroethane. Quantitative analysis shall be made in accordance with procedures set forth in “Standard Methods.”

“Garbage” means the residue from the preparation, cooking and dispensing of food, and from the handling, storage and sale of food products and produce.

“Grab sample” means a sample collected at a particular time and place and representative of the composition of the source at that time and place only.

“Grade” means the slope or fall of a line of pipe in reference to a horizontal plane, expressed as a ratio of horizontal distance to vertical distance.

“Grease, oil, sand interceptor” means a basin, sump or other device so designated to intercept and collect either grease, sand or oil thus preventing their entry into the wastewater treatment system.

“House connection” means the point of connection of the connecting sewers to the building sewer at the building.

“House lateral” means side sewer.

“Hydraulic load” means loadings imposed on the wastewater treatment system of or relating to a volume of water.

“Inert solids” means solids of a primarily nonbiological nature including materials such as sand, gravel, grit, grains, garbage or other similar materials.

“Interference” means the inhibition or disruption of the wastewater treatment processes or operations, which shall cause or tend to cause a violation of any requirement of the city’s NPDES permit. The term includes prevention of biosolids use or disposal in accordance with Section 405 of the Act (33 U.S.C. 1345), or any criteria, guidelines, or regulations developed pursuant to the Solid Waste Disposal Act (SWDA), the Clean Air Act, the Toxic Substances Control Act, or more stringent state criteria (including those contained in any state biosolids management plan prepared pursuant to the Title IV of SWDA) applicable to the method of disposal or use employed by the wastewater treatment facility.

“LEL” (lower explosive limit) means the lowest percentage at which a flash will occur or a flame will travel when methane vapor is mixed with air and a source of ignition is present. The LEL of methane in air is 5.3 percent.

“LMC” means Langley Municipal Code.

“Mass discharge quantity” means the weight of material discharged to the wastewater treatment system during a given time interval. Unless otherwise specified, the mass discharge quantity means pounds per day of a particular constituent or combination of constituents as calculated on a dry weight basis.

“May” shall indicate a discretionary condition.

“Mg/l” (milligrams per liter) shall be a mass-to-volume ratio; the milligrams per liter value multiplied by the conversion factor 8.34 shall be equivalent to pounds per million gallons of water.

“Nondomestic wastewater” means any type of wastewater which has a greater concentration of pollutants or a greater number of pollutants than would be found in wastewater from a typical residence.

“Normal operating removal capability” means the average amount of solids removed per day, both inert and biological, during a period of 60 days prior to any infraction or alleged infraction of this chapter.

“NPDES permit” (National Pollutant Discharge Elimination System permit) means the permit setting forth conditions for the discharge of any pollutant or combination of pollutants to the navigable waters of the United States pursuant to Section 402 of PL 92-500.

“Person” means any individual, partnership, co-partnership, firm, company, corporation, association, joint stock company, trust, estate, governmental entity or any other legal entity, or their legal representatives, agents or assigns.

“pH” means the logarithm of the reciprocal of the hydrogen-ion concentration. The concentration is the weight of hydrogen ions, in grams per liter of solution. Neutral water, for example, has a pH value of seven and a hydrogen-ion concentration of 10-7.

“POTW” means a publicly owned treatment works. An arrangement of equipment, structures and appurtenances such as, but not limited to, comminutors, basins, drives, blowers, digesters and any other systems required to treat wastewater, industrial waste and biosolids.

“Premises” means a parcel of real estate including any improvements thereon, which is determined by the director to be a user.

“Pretreatment” means the process of neutralizing or reducing the amount of pollutants, eliminating pollutants or altering the nature of pollutant properties to a less harmful state by physical, chemical or biological processes prior to or in lieu of discharging or otherwise introducing such pollutants into the wastewater treatment system.

“Pretreatment standards or categorical standards” means regulations applicable to specific categories of industrial users, containing pollutant discharge limits promulgated by EPA in accordance with Section 3.07(b) and (c) of the Act as established under 40 CFR Chapter 1, Subchapter N.

“Process wastewater” means any liquid waste discharge resulting from industrial, trade, manufacturing, business, commercial or contact cooling process or from the development, recovery or processing of natural resources.

“Public sewer” means a sewer in which all owners of abutting properties have equal rights, and which is controlled by public authority.

“Public works department” means the city of Langley public works office located at 112 Second Street, City Hall, Langley, Washington.

“Qualified professional” means a person, in the employ of the city with sufficient knowledge of permit requirements, facilities, and discharge characteristics, so as to be capable of determining and confirming whether or not a user is in compliance and if not, what measures must be taken to achieve compliance.

“Radioactive waste or isotope” means elements or isotopes, whether free or combined, which are a source of particles and/or rays resulting from the disintegration of the atomic nuclei caused by fission, fusion, particle acceleration, or other related artificial sources or processes.

“Sanitary sewer” means a sewer, which carries wastewater, and to which storm, surface, ground and other unpolluted water are not intentionally admitted.

“Service connection” means the connecting sewer.

“Sewer” means a pipe or conduit for carrying sewage.

“Shall” is mandatory.

“SIC” (Standard Industrial Classification) means a classification code (1972) issued by the Executive Office of the President, Office of Management and Budget, for use in the classification of establishments by types of business and the primary economic activity engaged in.

“Side sewer” means service connection from the public main to the premises served.

“Standard methods” means the examination and analytical procedures set forth in the most recent edition of “Standard Methods for the Examination of Water and Wastewater” published jointly by the American Public Health Association, the American Water Works Association and the Water Environment Federation.

“Suspended solids” means solids that either float on the surface of, or are in suspension in, water, wastewater or other liquids, and which are removable by laboratory filtering. Quantitative analysis shall be made in accordance with procedures set forth in “Standard Methods.”

“Temporary lift station” means any lift station that is installed in conjunction with a nonstandard sewer main extension.

“Toxic” means those substances or combinations of substances, including disease-causing agents, which after discharge and upon exposure, ingestion, inhalation or assimilation into any organism, either directly from the environment or indirectly by ingestion through the food chains, have the potential to cause death, disease, behavioral abnormalities, cancer, genetic mutation, physiological malfunctions, including malfunctions in reproduction or physical deformations, in such organisms or their offspring.

“Upset” means an exceptional incident in which a discharger unintentionally is in a state of noncompliance with discharge limitations set forth and excludes inadequate treatment facilities, lack of preventive maintenance, or careless or improper operation thereof.

“Waste” means wastewater and any and all other waste substances, liquid, solid, gaseous or radioactive, associated with human habitation, or of human or animal origin, or from any producing, manufacturing or processing operation of whatever nature.

“Waste discharge permit” means a permit authorized by the Washington State Department of Ecology (pursuant to Chapter 173-216 WAC) regulating commercial and industrial discharges to a publicly owned treatment works.

“Wastewater collection system” means any and all of the connecting, lateral, main, trunk sewers, interceptors, and lift stations.

“Wastewater constituents and/or characteristics” means the individual chemical, physical, bacteriological and radiological parameters, including volume and flow rate and such other parameters that serve to define, classify or measure the contents, quantity, and strength of wastewater.

“Wastewater treatment plant” means an arrangement of equipment, structures and appurtenances such as, but not limited to, comminutors, basins, drives, blowers, digesters and any other systems required to treat wastewater, industrial waste and biosolids.

“Wastewater treatment system” means any and all of the connecting, lateral, main, trunk sewers, interceptors, lift stations including wastewater treatment plant and facilities. (Ord. 786, 2000)

13.50.020 Purpose and policy.

A. This chapter establishes requirements for wastewater discharge into the city of Langley wastewater treatment system. It enables the public works department to protect the public health consistent with applicable local, state and federal laws. The objectives of this chapter are:

1. To prevent the discharge of untreated pollutants into the wastewater treatment system, that will pass into Saratoga Passage or the atmosphere or otherwise be incompatible with the system;

2. To prevent the discharge of untreated pollutants into the wastewater treatment system that will interfere with the normal operation of the system or contaminate the system-generated biosolids; and

3. To improve the opportunity to recycle and reclaim biosolids from the system.

B. This chapter regulates wastewater discharge into the city’s treatment system through enforcement of federal discharge standards, set forth in 40 CFR Part 403. Further, it provides for the application of RCW 90.48.160 relating to industrial and commercial discharges to the POTW. It also authorizes monitoring, inspection, user reporting and other enforcement activities as required. Finally, it provides for the setting of fees for the equitable distribution of costs resulting from the program.

C. This chapter shall apply to the users of the city wastewater treatment system. Except as otherwise provided herein, the city of Langley director of public works shall administer, implement and enforce the provisions of this chapter. (Ord. 786, 2000)

13.50.030 Standards.

A. Prohibited Discharge Standards. Any waters or wastes that the public works department determines are harmful to the wastewater treatment system, environment, public health and welfare or that interfere with the operation of the system are prohibited. No person shall discharge, deposit or cause to allow to be discharged or deposited into the wastewater treatment system any wastewater or substance that contain any of the following:

1. Liquids, solids or gases which by reason of their nature or quantity may be sufficient, either alone or by interaction with other substances, to cause or tend to cause fire or explosion or be injurious to the wastewater treatment system or personnel engaged in the operation, maintenance or repair, or monitoring of the same. At no time shall two successive readings on an explosionmeter, at an access in nearest proximity to the point of discharge into the wastewater treatment system, be more than five percent of the lower explosive limit (LEL) of the meter nor shall any single reading exceed 10 percent of the LEL.

2. Solid or viscous wastes which will or may cause obstruction to the flow in a sewer, require excessive cleaning or maintenance of the sewer or otherwise interfere with the proper operation of the wastewater treatment system.

3. Garbage that has not been ground or comminuted to such a degree that all particles will be carried freely in suspension under flow conditions normally prevailing in the public sewers, with no particles greater than one-half inch in any dimension.

4. Noxious or malodorous solids, liquids or gases which either singly, or by interaction with other wastes, are capable of creating a public nuisance or hazard to life, or are or may be sufficient to prevent entry into the wastewater treatment system for the purpose of monitoring, maintenance or repair.

5. Wastes discharged into the wastewater treatment system that do not have a pH value in the range of six to nine standard units at an access in nearest proximity to the point of discharge into the wastewater treatment system. Prohibited materials include, but are not limited to, compounds and substances, which will react with water to form acidic or alkaline products.

6. Wastewater or materials containing fat, oil or grease of a concentration exceeding 100 mg/l, or as may be established by the department whether emulsified or not, or containing substances which may solidify or become viscous at temperatures between zero and 65 degrees Celsius (32 degrees F and 150 degrees F) at an access in nearest proximity to the point of discharge into the wastewater treatment system.

7. Radioactive wastes or isotopes of such half-life or concentration that they do not comply with regulations or orders issued by the appropriate authority having control over their use and which will or may cause damage or hazards to the wastewater treatment system or personnel engaged in the operation, maintenance or treatment of the same.

8. Any wastewater or materials not removable by the wastewater treatment process, which will cause discoloration of the wastewater treatment plant effluent or treatment residue.

9. Heated wastewater in amounts which will cause or are likely to cause deterioration or hazard to the wastewater treatment system, or personnel engaged in monitoring, maintenance or repair of the treatment system. In no case shall wastewater with a temperature exceeding 40 degrees Celsius (104 degrees F) be introduced into the wastewater treatment collection system.

10. Any unpolluted water including, but not limited to, cooling water, rainwater, stormwater, creek water or ground water which will increase the hydraulic load on the wastewater treatment system, except in cases where no prudent and reasonable alternative exists as determined by the director.

11. Wastewater at a flow rate or containing such concentrations of pollutants released in a single extraordinary discharge episode such that would cause interference with the wastewater treatment system or result in the accumulation or production of inert or biological sludges in excess of normal operating removal capability, or adversely affects the treatment residues, biosolids or scums.

12. Wastewater discharges, except as authorized by the director, shall not contain in excess of the following:

Parameter Limitation
Biochemical Oxygen Demand	300 mg/l or 25 lbs./day
Suspended Solids	300 mg/l or 25 lbs./day

The director may allow discharges in excess of the limits set forth providing that such discharge has little or no adverse impact on the wastewater treatment operations and the discharge complies with any relevant categorical standards.

13. Any wastewater containing toxic pollutants in sufficient quantity, either singly or by interaction with other substances, to injure or interfere with any wastewater treatment process, constitutes a hazard to humans or animals or to exceed the limitations set forth in this chapter.

14. Any substance which may cause the wastewater treatment plant effluent or treatment residues, biosolids or scums to be unsuitable for reclamation and reuse or to interfere with the reclamation process.

15. Any substances which may cause or may tend to cause the POTW to violate its NPDES and/or other disposal system permits.

16. Process wastewater metal concentrations exceeding such local limits as may be determined by the director except where allowed by permit.

B. Categorical Standards. No person shall discharge or cause to allow to be discharged or deposited any waters or wastes that do not conform to the federal categorical pretreatment standards set forth in 40 CFR Part 403 and any amendments thereof or those limits established through the State Waste Discharge Permit Program, Chapter 173-216 WAC. No wastewater, water or waste, including commercial and industrial waste, shall contain any substance which may cause or tend to cause a violation of any state or federal pretreatment standards, discharge permit requirement or which may be determined by the director to be unduly harmful or deleterious to the wastewater treatment system, environment, public health and welfare or interfere with the operation of the POTW. (Ord. 786, 2000)

13.50.040 Connection and permit issuance.

A. A person may connect and discharge waste into the city wastewater system when: (1) they own property within the city limits, (2) said property is adjacent to and abutting the city’s wastewater collection system, (3) when said property has not been assessed for any prior sanitary sewer improvement, and (4) after the public works department issues a valid permit.

B. A permit shall issue for the service property upon the owner’s written application but subject to the following terms and conditions:

1. The applicant shall: (a) obtain all other related permits, (b) pay all city required fees, and (c) construct the connecting sewers in compliance with city requirements and specifications governing the same.

2. The applicant shall pay the city in cash any other code-required sewer connection charges, prior to the issuance of any permit authorized in this section.

3. All connection charges so received shall be considered wastewater system revenue.

4. All city ordinances, rules, regulations and procedures, or any amendments thereof, relating to the use, maintenance and connection to the wastewater treatment system shall apply with equal force to such sewer connection.

C. Waiver of Connection Charges for Low-Income Housing Projects.

1. Sewer connection charges for building permits for low-income housing may be waived per RCW 35.92.380.

2. “Low-income housing” means housing with a monthly housing expense that is no greater than 30 percent of 80 percent of the area median family income (defined by the United States Department of Housing and Urban Development (“HUD”)) adjusted for family size, for Island County, as reported by HUD.

3. The grant of any waiver shall be conditioned upon the receipt by the city of grants or donations in an amount sufficient to reimburse the sewer utility for the amount of the waiver.

4. The grant of any waiver to a mixed-income project shall be conditioned upon a minimum of 25 percent of the total units being dedicated to serving and benefitting low-income households.

5. The grant of any such waiver shall also be conditioned upon a requirement that the property owner record a low-income housing covenant in a form approved by the city with the Island County auditor. The covenant must run with the land and be binding on the owner(s), and their assigns, heirs, and successors, and must:

a. Prohibit use of the low-income housing for any purpose other than for low-income housing, as defined in this section;

b. Address price restrictions and household income limits for the low-income housing;

c. Provide that the low-income housing must remain utilized for low-income housing for the life of the project and cannot during the life of the project be converted to another use, other than for low-income housing; and

d. Address reporting and monitoring requirements and any other topics related to the provision of low-income housing units deemed necessary by the city.

6. A bond, an assignment of savings account/certificate of deposit, or a check written to the city to be deposited in the city’s treasurer’s trust account, equal to the amount of the waived connection charges shall be required to ensure that the low-income housing is constructed and successfully implemented.

7. The city may, at its sole discretion, establish a monitoring fee for the low-income units to cover the costs to the city to review and process documents to maintain compliance with low-income restrictions of the covenant. (Ord. 1097 § 3, 2022; Ord. 1095 § 2, 2022; Ord. 786, 2000)

13.50.045 Service to urban growth area – (New).

Development proposed in the Langley UGA that is on property contiguous to the city shall be annexed to and be served by sewer service from the city as per the provisions set forth in the June 28, 1999, interlocal agreement between Island County and the city of Langley. If development is proposed in the UGA but not on property contiguous to the city limits and, therefore, not eligible for annexation, the owner/applicant shall execute an annexation/development agreement, prepare a development plan, and comply with all provisions of the UGA-Langley zone, all as set forth in the interlocal agreement referenced above, as a condition of sewer service being extended to serve the property. (Ord. 798, 2001)

Nonstandard Sewer Connection

13.50.050 General.

A. In order to qualify for a nonstandard sewer system connection the property owner shall be on public record agreeing to participate in a sanitary sewer ULID extension. If the property owner is on public record opposing a proposed ULID extension, then connection to the sewer system shall only occur through a standard connection to a sewer main.

B. All nonstandard sewer connections shall receive city council approval on a case-by-case basis. Upon council approval of a nonstandard sewer connection, the property owner shall deposit with the city a surety in the amount of a reasonable frontage charge of a sewer main. This charge shall be set by council resolution.

C. All nonstandard sewer connections shall be designed by a professional engineer registered in the state of Washington. All plans submitted shall be subject to the rules and regulations adopted by the city of Langley and shall require approval by the city’s engineering department.

D. The owner shall bear all costs associated with the nonstandard sewer connection application, installation and maintenance of the sewer line, to and including the connection at the city owned gravity sewer main.

E. 1. When property is being served by a nonstandard sewer connection and the city accepts a new sewer main abutting the customer’s property, then the customer shall connect to the new main. The city shall provide the customer written notice of the requirement to connect. The customer shall connect within 90 days of city notification. The customer shall further be responsible for all costs associated with the connection to the new main. The customer shall also pay all latecomer fees and all other applicable fees due for the proportionate share of the cost of installing any sewer main installed adjacent to the service property. The surety outlined in subsection (B) of this section shall be applied to the property owner’s share of sewer main installation. If the surety is in excess of the actual charges, the property owner shall be refunded the balance. If the surety does not cover the actual costs, the property owner shall be responsible to pay the difference between the surety and the actual cost.

2. When property is being served by a nonstandard sewer connection and the city accepts a new sewer main within 200 feet of the customer’s property, the customer shall connect to the new main. The city shall provide the customer written notice of the requirement to connect. The customer shall connect within 90 days of city notification. The customer shall bear all costs associated with extending the sewer main across the customer’s property if required. The extension shall meet all requirements outlined in Title 15. The customer may file a latecomer agreement with the city if applicable.

F. Upon connection to a standard sewer main, all nonstandard sewer appurtenances shall be properly disconnected and abandoned, at the customer’s expense, as ordered by the city engineering department.

G. The connection fee for a nonstandard sewer installation shall be the same as a standard sewer installation as adopted by council resolution. The fee shall be paid at the time of connection and shall be credited toward connection fees due upon subsequent installation of a standard connection.

H. Installation of tanks, pumps and switches shall be inspected and certified by the design engineer and an inspection report filed with the public works department. The design engineer shall provide as-built drawings of the entire installation, including piping, to the city prior to final city acceptance of the improvements.

I. The applicant shall be responsible for obtaining a right-of-way permit and all other applicable permits that may be required. (Ord. 786, 2000)

13.50.060 STEP system.

A. In cases where an existing single-family residence experiences drainfield failure, a septic tank effluent pump (STEP) system may be allowed if the following conditions are met:

1. The property owner has attempted to form a sanitary sewer ULID and cannot obtain the required support;

2. The property owner provides written verification from Island County health department that the failed drainfield cannot be repaired and construction of a new drainfield is not possible/feasible;

3. The property is more than 200 feet from an existing sewer main but no more than 1,500 feet from an existing sewer main; and

4. The property is located within the corporate city limits of the city of Langley.

B. A STEP system may be allowed in undeveloped RS-5000 and RS-7200 zoned property under the following conditions:

1. The property owner has attempted to form a sanitary sewer ULID and cannot obtain the required support;

2. The undeveloped property is more than 200 feet from an existing sewer main but no more than 1,500 feet from an existing sewer main; and

3. The undeveloped property is located within the corporate city limits of the city of Langley.

C. Where additional STEP system connection(s) is/are proposed in areas where STEP system connections exist or are proposed, the city engineer may require that the STEP system connections be consolidated to preserve the existing right-of-way for public uses. Such installations shall be made only at the expense of the customer connecting to the existing system.

D. Any STEP system line located in the city right-of-way or on private property shall require a recorded easement prior to installation. The benefiting property owner shall be responsible for providing a draft of the easement(s) to the city for approval prior to recording of the easement(s) and the owner shall be responsible for all costs associated with recording the easement. (Ord. 786, 2000)

13.50.070 Alternative holding tank.

A. In cases where property zoned NB is undeveloped and sewer service is not available, an alternative method of sewage disposal, such as use of a holding tank sewage system, may be allowed; provided, that the following conditions are met:

1. The property owner has attempted to form a sanitary sewer ULID and cannot obtain the required support.

2. The property is more than 200 feet from an existing sewer main.

3. Property uses are limited to those identified as principal or conditional uses in Title 18 and generate low indoor water and sewage flow, such as offices and plant nurseries. No residential uses shall be allowed.

4. Agreement that property shall be connected to the city sewer system within 90 days of city notification of the requirement to connect after installation of a new sewer main within 200 feet of the property.

5. Rates shall be the same as those assessed commercial businesses plus a surcharge to the base rate as set by council resolution. Connection fees, as set by council resolution, shall be paid upon approval of the application for an alternative holding tank system.

6. Provide a copy of a contract for services between the property owner(s) and a licensed septic pumping company to the city upon request. The applicant shall provide the city with pumping records bi-monthly. Records shall be submitted to the director of public works by the tenth of the month following the two-month reporting period.

7. The property owner shall bear all costs associated with the approved system, including construction and maintenance.

B. If approved, applicant acknowledges that approval is granted for the current applicant only, that said approval does not run with the land or the building, and that said approval is in no other aspect transferable. The city reserves the right to review and approve any change in use of the premises. A use which is not approved by the city will result in cancellation of approval. (Ord. 786, 2000)

13.50.075 Nonstandard sewer connection, long plats – General provisions.

A. In cases where a plat of five or more lots is proposed a nonstandard sewer extension may be allowed under the following conditions:

1. The property must be zoned residential; and

2. The property must be vacant; and

3. The installation shall extend from the boundary of the property to an existing sewer main; and

4. The parcel is a minimum of 500 feet from an existing sewer main but no more than 1,500 feet from an existing sewer main; and

5. The property is located within the corporate limits of the city of Langley; and

6. The proposed nonstandard sewer extension shall be subject to city council approval, based on a recommendation from the city planning and public works departments; and

7. Upon city council approval, the proponent shall deposit with the city a surety in an amount equal to the estimated cost, as determined by the city engineer, to connect to a standard sewer main when it becomes available within 200 feet of a boundary of the plat.

B. In addition to the above provisions, the following standards shall be met:

1. All lots within the proposed plat must be served by a standard sewer main system. Individual lots shall connect to the standard sewer main as allowed in either Section 13.50.060 or Sections 15.01.255 through 15.01.284.

2. The owner of the proposed plat may be required to install and maintain a temporary lift station to serve the proposed plat. Temporary lift station parts and controls shall be compatible with lift stations currently in use in the city of Langley sewer system. The city may, at its discretion, enter into an agreement with the property developer to purchase the surplus lift station parts according to a predetermined depreciation schedule. Said depreciation schedule shall not exceed five years in length.

3. In the event a standard sewer main plan design is shown in the city comprehensive sewer plan along the route of a proposed nonstandard sewer extension, the developer shall be required to install the planned standard sewer main as shown in the comprehensive sewer plan as part of the nonstandard sewer extension. The developer may enter into a contract with the city providing for a latecomer agreement as outlined in Section 15.01.090 where applicable.

4. All nonstandard sewer extensions shall conform to Section 15.01.040, Design standards.

5. The developer shall maintain ownership of all nonstandard sewer main extensions and the standard sewer main system within the long plat. When the nonstandard sewer extension is abandoned in lieu of a standard extension and the standard sewer main system within the plat is properly connected to the city sewer system the developer shall transfer title by deed to the city. Ownership of the nonstandard sewer extension and the standard sewer main system within the plat may be transferred to the homeowners association of the plat.

6. Upon abandonment of the nonstandard sewer main, connection to a standard sewer main and city acceptance of the existing sewer main within the plat, the developer and/or the homeowners association shall deed the sewer main located within the plat to the city of Langley. Until such time that the standard sewer main is accepted by and deeded to the city of Langley, maintenance responsibilities shall remain with the developer and/or the homeowners association.

7. The design engineer shall incorporate into the design of the improvements provision for connecting to a standard sewer main extension as outlined in the general sewer plan of the city of Langley. (Ord. 785, 2000)

13.50.080 Violation.

Violation of any of the provisions of this chapter may result in termination of the water service to the premises served. The owner shall be responsible for all costs associated with termination. Water service shall not be restored until all costs and fees due are paid in full. The customer shall also be responsible for payment of all costs associated with restoring service. (Ord. 820, 2002; Ord. 786, 2000)

13.50.090 Delinquent charges.

All delinquent charges shall be a lien against the property served and shall be perfected and enforced as provided by the laws of the state governing municipal utility liens. (Ord. 786, 2000)

13.50.100 Discontinuance of water service on delinquent accounts.

In addition to the lien provided for in Section 13.50.090, the city has the right to discontinue water service to the premises where payment of any charges are delinquent. The city may discontinue said water service at the discretion of the public works department until delinquent rates, charges and penalties have been paid in full. (Ord. 786, 2000)

13.50.110 Connection required, exemptions and enforcement.

A. All development in mixed residential and commercial zones is required to be served by the city’s public sewage system.

B. All development in a neighborhood business zone is required to be served by the city’s public sewage system, except as otherwise addressed in the city code. (Reference: Nonstandard Sewer Connection.)

C. In a residential zone all new development and expansions/remodels of existing principal buildings that constitute 50 percent or more of the appraised value of the building(s) is/are required to be served by the city’s public sewer system, if the development is within 200 feet of a city sewer main measured from the property line nearest to the sewer, except as otherwise addressed in the city code (reference: Nonstandard Sewer Connection). All proposed subdivision (short and long) and related multiple lot developments are required to be served by the city’s sewer system. Developments/redevelopments of a single-family residence on a lot that is not within 200 feet of a sewer main may be served by an onsite septic system.

D. An accessory dwelling unit or guest house may be served by an onsite septic system if it can be shown to the satisfaction of the Island County health department that the existing septic system is functioning properly; has the design capacity to accept the flow from the accessory dwelling unit or guest house; and complies with all applicable Island County health department regulations.

E. All existing developments in a residential zone served by an onsite sewage disposal system and located within 200 feet of an existing city sewer main, measured from the property line nearest to the sewer, and otherwise not required to connect by the provisions in this chapter, shall connect to the city sewer system (1) when there is a change of property ownership or (2) when the onsite system fails and the Island County health department verifies that the failed system cannot be repaired and construction of a new system is not possible/feasible. Use of the onsite system shall be discontinued upon connection to the city sewer system.

F. Except in residential zones, all property owners shall connect existing development to the sewer within two years of being notified by the city of their requirement to connect. Any property owner who chooses not to connect within 90 days of receiving notice from the city shall be subject to a monthly sewer service fee. Such imposition shall be the same as if such dwelling or other facility were in fact connected to the sewer system. In addition, if such connection is not made within two years after notice is provided by the city of the requirement to connect, a lien shall be recorded upon the subject property for fees due in relation to the required connection.

G. All costs and expenses incident to the installation and connection of the building sewer shall be borne by the owner. The owner shall indemnify the city from any loss or damage that may directly or indirectly be occasioned by the installation of the building sewer. (Ord. 860, 2005; Ord. 820, 2002; Ord. 786, 2000)

13.50.120 Availability charge.

There is imposed upon each customer who has sewer available but who is not yet connected to the sewer, and such customer shall pay, a monthly charge equal to the monthly user charge or minimum user charge that would be collected if that customer were connected to the sewer system. The availability charge shall be considered as ordinary rate revenue. (Ord. 786, 2000)

13.50.125 Procedure after failure to connect.

If the owner of any dwelling or other facility subject to be connected to the wastewater collection system fails to make the necessary connection within 90 days after receiving written notification to make such connection, the monthly availability charge for sewer service shall be imposed. In addition, if such connection is not made within one year after notice to connect is given, the city attorney shall begin a lawsuit in Island County superior court. Said legal action shall be against the owner or owners of the property. Said legal action shall request that the court order the owner to make the required connection. If the city prevails, then the owner shall be liable for all costs of said suit, including a reasonable attorney’s fee. (Ord. 786, 2000)

13.50.130 Permit required.

It is unlawful for any person to make any connection, or in any way alter either an existing connection to the sanitary sewer or the wastewater treatment system, without authorization by the public works department. It is unlawful for any person to connect any private sewer line to a sewer in any street or alley without the necessary permit from the public works department.

Except as provided in this chapter, it is unlawful to construct or maintain any privy, privy vault, septic tank, cesspool or other facility intended or used for the disposal of sewage. (Ord. 786, 2000)

13.50.140 Permit issuance.

A. Side Sewer. In order to connect to the wastewater treatment system, the property owner shall file an application with the public works department stating the following: (1) name of the owner and occupant of the premises to be connected, (2) location of the building where the lateral is proposed, (3) the type of material to be used, and (4) the grade upon which it will be laid. If application is satisfactory, the engineering department will authorize the required permit. Thereafter, the owner may construct the necessary line on their own property. The public works department shall prepare and keep on file at City Hall accurate records of all buildings connected to the wastewater collection system. Said records shall include a small plan showing the buildings involved, the adjacent streets, the main sewer and the house connection.

B. Pretreatment. Industrial, commercial and business establishments may be required to install such pretreatment facilities, devices, or other related appurtenances such as, but not limited to: grease, oil or sand interceptors, comminutors, screens and pH control, as determined by the director, to be necessary to comply with Section 13.50.030 (Standards). An application shall be filed with the public works department stating: (1) the name of the property owner and occupant of the premises to be connected through pretreatment devices, (2) where the device is to be located and maintained, (3) pertinent technical information and construction details, and (4) a plan showing process waste streams through the facility waste characterization and flows. If review by the engineering department finds that the application satisfies the rules, regulations, limitations and requirements established by this chapter, the required permit shall be issued to the owner. Further, it shall be the responsibility of the property owner to provide for the operation and maintenance of such facilities, devices or other related appurtenances, as required by the city engineer. The city shall require prior notification of any proposed changes, additions, modifications and/or alterations to pretreatment devices approved and permitted by the public works department. (Ord. 786, 2000)

13.50.150 Minimum and maximum grades.

A. In all cases where it is possible, the minimum grade on all lateral sanitary sewers shall be two percent. No exception to this rule will be allowed where new homes, built after the sewer to be used has been constructed, apply for a permit. And if there is any waste matter to be disposed of from basements or any other portions of the house be constructed at such an elevation that a two percent grade cannot be used, the property owners will be required to install a suitable pump.

B. Where homes older than the sewer are involved, and a two percent grade is impossible to achieve, the grade may be lowered to one percent if, after review by the engineering department, there is a written finding that such a grade will function properly. If the house, for any reason, is so low that even a one percent grade cannot be obtained, the property owner will be required to install a suitable pump for discharging their waste into the wastewater treatment system. No septic tanks will be permitted if the house is within 200 feet of a sewer.

C. In those cases where a sewer is abnormally deep, the house lateral shall have a maximum grade of five percent, discharging into a vertical riser from the main sewer.

D. Each building must be connected to the wastewater collection system through its own individual side sewer. No exceptions will be permitted without written permission of the engineering department.

E. Any and all pumps required to be installed under the terms of this section shall have the written approval of the engineering department before their installation. In addition, all grades less than two percent or greater than five percent shall have written approval of the engineering department. (Ord. 786, 2000)

13.50.160 House connections.

All sewer house connections shall be constructed as specified in the city of Langley development construction standards, Chapter 15.01. (Ord. 786, 2000)

13.50.170 Inspection.

A. House Connections. The public works department shall inspect all work on house connections before any backfilling is done. When such work is ready for inspection, the public works department shall be notified. If the work is found to be satisfactory, backfilling may proceed and the job brought to completion. Should the work not be acceptable, all errors noted by the inspector must be rectified and a second inspection made at the owner’s expense. The public works department shall have right of entry on any premises at any reasonable time for purposes of inspection.

B. Compliance. The public works department shall inspect the facilities of any user to ascertain whether the purposes of this title are being met and whether all requirements are being complied with. Persons or occupants of premises where wastewater is created or discharged shall allow representatives of the public works and/or engineering department ready access at all reasonable times. Said access shall be allowed to all parts of the premises for the purposes of inspection, sampling, records examination or otherwise in the performance of their duties. Access shall include setting up such devices on the user’s property, as are necessary to conduct sampling, inspection, compliance monitoring and/or metering operations.

C. Monitoring. The city may require that monitoring facilities be provided, operated and maintained at the owner’s expense. If required, said facilities will enable monitoring, inspection, sampling and flow measurement of the building sewer and/or internal drainage systems. Ample room shall be provided in or near such sampling manhole or facility to enable accurate sampling and preparation of samples for analysis. The facility, sampling and measuring equipment shall be maintained at all times, at the expense of the user, in a safe and proper operating condition. Whether constructed on public or private property, the sampling and monitoring facilities shall be provided in accordance with the city’s requirements and all applicable local construction standards and specifications. Construction shall be completed within 90 days following written notification by the city. (Ord. 786, 2000)

13.50.180 Roots obstructing collection system.

Within 30 feet of any public or private sewer or drain pipe it shall be unlawful to plant any of the following forms of vegetation: poplar, cottonwood, soft maple, gum, or any other tree or shrub whose roots are likely to obstruct public or private sanitary sewers. When the trees or roots of any trees or plants are obstructing or likely to obstruct a public street or right-of-way the city engineering department is authorized to order their removal. Ten days’ written notice shall be given to the owner or occupant of the abutting property to remove the same. If such owner or occupant fails or refuses to do so when ordered, the reasonable cost of such removal shall be charged against and become a lien upon the abutting property. The office of the city attorney is authorized and directed to collect such charge by suit maintained in the name of the city as plaintiff, against the owner, in any court of competent jurisdiction. The costs of said suit shall be taxed against the owner, together with a reasonable attorney’s fee according to law. (Ord. 786, 2000)

13.50.190 Prohibited use of sanitary sewer.

No person shall discharge or cause to be discharged any stormwater, surface water, ground water, roof runoff, drains, catch basins, area drainage, subsurface drainage, cooling or untreated industrial process waters into any wastewater treatment system. (Ord. 786, 2000)

13.50.200 Enforcement.

A. Harmful Contributions. When an actual or potential discharge presents an imminent or substantial endangerment to the public health and welfare, the environment, the waste water collection system, the POTW or constitutes a violation of the city’s NPDES permit, the city may immediately suspend wastewater treatment service. Any person receiving notice of a suspension of wastewater treatment service shall immediately stop or eliminate the contributing discharge. In the event of a failure of the person to comply voluntarily with the suspension order, the city may take such steps as are considered necessary to abate the problem. These steps may include but are not limited to severance of the sewer connection. The city shall reinstate wastewater treatment service upon proof of the elimination of the discharge violation. Within 15 days of the occurrence, the violating party must submit a detailed written statement describing the causes of the harmful contribution and measures taken to prevent future occurrence.

B. Violation. Whenever the city finds, after investigation performed either by qualified city staff or an affidavit of complaint verified by a qualified professional, that any user is not in compliance with all requirements, limitations and prohibitions of this chapter the city shall proceed to enforce compliance with the code as outlined in Chapter 1.14.

Any person who shall violate any provisions of this chapter shall be liable to the city for any expense, loss, damage, cost of inspection or cost of correction incurred by the city by reason of such violation, including any cost to the city incurred in collecting from such person the loss, damage, expense, cost of inspection or cost of correction. (Ord. 786, 2000)

13.50.210 Penalty – Cost.

A. Violation of or failure to comply with any of the provisions of this chapter shall be subject to a civil penalty as set forth in Chapter 1.14. When violations are of a continuing nature, the penalty shall increase each day of the violation as set forth in Section 1.14.050(E).

B. Any person who knowingly makes any false statement, representation or certification in any application, record, report, plan or other document filed or required to be maintained pursuant to this chapter or who falsifies, tampers with, or knowingly renders inaccurate any monitoring device or method required under this chapter is subject to the penalties as outlined in Chapter 1.14. (Ord. 832, 2003; Ord. 786, 2000)

Biosolids

13.50.220 General organic material – Acceptance and payment.

General organic material shall be accepted at the discretion of the compost facility operator and charged a fee for acceptance at the rate set by council resolution. The compost facility operator shall punch the card, purchased in advance at Langley City Hall, for the amount of material dumped. (Ord. 786, 2000)

13.50.230 Biosolids/septage – Acceptance and billing.

Biosolids and/or septage may be accepted at the discretion of the public works director or the director’s designee. When the waste stream consists of slurry with less than three percent solids, it shall be accepted and charged a fee at the rate per gallon as set by council resolution. When the waste stream consists of dewatered cake material, the fee for acceptance shall be per cubic yard as set by council resolution. The compost facility operator shall provide billing information to the public works director by the tenth day of the month following the month in which biosolids or septage was received. (Ord. 786, 2000)

13.50.240 Water treatment sludge – Acceptance.

The Langley wastewater treatment plant will not accept sludge material from other wastewater treatment facilities. (Ord. 786, 2000)

13.50.250 Compost material collection – Quality control.

The acceptance of any compostable material shall be at the discretion of the compost facility operator. The compost facility operator shall determine the suitability of the material, the quality of the material, and the need for composting material and the ability to refuse acceptance shall be within the authority of the operator. (Ord. 786, 2000)

13.50.260 Hours of operation – Timing of acceptance.

The city of Langley shall determine the hours that the composting facility will be open to accept compostable material. The city shall establish hours of operation and the operator shall not vary from the established hours without prior authorization from the city. (Ord. 786, 2000)

13.50.270 Sale and disposal of finished compost.

A. Finished compost shall be sold by the cubic yard. The fee for finished compost shall be set by resolution of the city council.

1. Small quantity and/or retail sales (10 cubic yards or less) shall prepay at Langley City Hall and the purchaser shall display his/her receipt to the compost facility operator at the time of loading.

2. Large quantity and/or wholesale sales (greater than 10 cubic yards) may be billed to the purchaser with prior approval from the city. A down payment may be required for large quantity and/or wholesale sales. It shall be the responsibility of the composting facilities operator to report quantities to City Hall who will then bill the customer for the sale of finished compost.

B. The city of Langley public works department may use finished compost for city purposes at no cost to the public works department.

C. The city of Langley may also, from time to time, declare a surplus of compost and set a special surplus sale price. Surplus sale prices may deviate significantly from the fee schedule. (Ord. 786, 2000)

13.50.280 Collection of funds – Punch cards and finished compost.

The collection of all funds associated with the composting operation, including but not limited to the sale of punch cards, acceptance of compostable material not associated with a punch card, and the sale of finished compost, shall be performed at City Hall. No funds related to the operation of the compost facility shall be collected, handled, transferred, or submitted by the compost facility operator. Any billing statements generated by the compost facility operator shall be forwarded to City Hall for disposition. (Ord. 786, 2000)

13.50.290 Exemption for city sponsored events.

To the extent that the city of Langley sponsors spring cleanup events or other similar activities, the fees contained in the fee schedule, as set by council resolution, may be temporarily waived through the action of the city council. The event coordinator shall be required to follow the rules established by the city for disposal of event-generated material. (Ord. 786, 2000)

Rates and Accounts

13.50.295 Accounts.

All accounts for sewer service shall be kept in the name of the owner and all charges shall be made against the property, as well as the owner thereof, and no change of ownership shall affect the application of this chapter. (Ord. 786, 2000)

13.50.300 Bulk disposal – Rates and regulations.

A. The sewage treatment system may be used for the disposition of septic tank withdrawals, provided:

1. All septage must come from within the corporate limits of the city of Langley or from within the urban growth area adopted in the city of Langley comprehensive plan. Documentation showing the origin of the septage shall be provided to and remain on file with the plant operator prior to dumping.

2. Septic haulers must obtain a city of Langley contractor’s license.

3. Only domestic septage will be accepted.

4. Septage will be accepted at the city of Langley wastewater treatment plant at times set by the city.

5. The city reserves the right to discontinue service.

B. The charge for the services shall be a base monthly fee (for the month in which dumping at the city’s facility occurs), plus a per gallon fee as outlined in the city municipal code fee schedule. (Ord. 786, 2000)

13.50.310 Governmental agent sewer service charge.

Any nonprofit corporation, organized in the state of Washington, which contracts with the city or county to perform an intentionally delegated governmental function or which acts as an agent for the county under Chapter 36.37 RCW and Chapter 15.76 RCW shall be billed for all sewer services delivered by the city, at the base rate described under Section 13.50.320(A), Residential Sewer Service Charge, or its equivalent. There shall also be an additional ULID service charge as set by council resolution. (Ord. 786, 2000)

13.50.320 Sewer service charge.

A. Residential Sewer Service Charge.

1. All residential accounts shall be charged a base monthly rate, as set by council resolution, for sewer service. This charge shall cover only the first 3,750 gallons of water used over a two-month period. Accounts that used in excess of 3,750 gallons will be billed according to subsections (A)(2) and (3) of this section.

2. Winter Usage. During the months of November through February, water usage over the base amount of 3,750 gallons for a two-month period will be billed a rate, as set by council resolution, for each additional gallon used over 3,750 gallons, per two-month period.

3. Summer Usage. During the months of March through October, water usage over the base amount of 3,750 gallons for a two-month period will be billed a rate as set by council resolution for the average gallonage used in excess of 3,750 gallons per two-month period over the prior period of November through February; unless the water use in the summer billing period is less than the average use during November through February, in which case the water usage over the base amount during the summer billing period will be billed a rate per gallon, as set by council resolution, for water used in excess of 3,750 gallons during the summer billing period.

B. Commercial Sewer Service Charge.

1. All commercial accounts shall be charged a base monthly rate, as set by council resolution, for sewer service, plus a rate per gallon, as set by council resolution, for water usage in excess of that described in subsections (B)(2) and (3) of this section.

2. Short-term rentals – Type II accounts shall be charged a rate per gallon, as set by council resolution, for each additional gallon used over 3,750 gallons during each two-month billing period during the period of November through February, and a per gallon rate, as set by council resolution, for each additional gallon used over 6,000 gallons during each two-month billing period during the period of March through October.

3. All other commercial accounts shall be charged a rate per gallon for each additional gallon used over 3,750 gallons per two-month billing period. (Ord. 1058 § 6 (Exh. F), 2019; Ord. 786, 2000)

13.50.330 Commercial sewer ULID no. 8 surcharge.

A. In addition to charges in Section 13.50.320, all commercial enterprises will be charged an additional fee, as set by council resolution, per month for the first 3,750 gallons used per two-month billing period. Amounts used in excess of 3,750 gallons will be billed a per gallon charge, as set by council resolution, for each additional gallon used over 3,750 gallons per two-month billing period.

B. All funds collected under this section shall be placed in a special city fund, which shall be designated to service the debt incurred by construction of the secondary sewer treatment plant. Such funds shall only be used to pay principal and interest on ULID no. 8 bond and grant anticipation notes, bonds, or any other such financing instrument as the city shall utilize to construct said plant, secured by ULID no. 8 and system revenues. These moneys cover in part the constructing of the city of Langley secondary sewage treatment plant facility, which was not covered by ULID no. 8 assessments.

C. The charges assessed in this chapter, including the surcharge, were originally intended to be collected during 1992. However, due to administrative oversight, the surcharge was not billed or collected. Accordingly, this chapter authorizes surcharge billing and collection beginning in 1993, on a date set by the city administration.

D. Commercial sewer ULID no. 8 rate surcharges shall continue indefinitely and be used for further expansion or improvements to the sewer system. (Ord. 803 § 3, 2002; Ord. 786, 2000)

13.50.340 Mixed usage.

A. Notwithstanding Section 13.50.320(B), properties located in residential zone districts that contain a mix of both commercial and residential uses and where the residential use is the principal use shall be billed residential rates. For the purpose of this chapter short-term rental Type IV is considered a commercial use.

B. Properties located in commercial zone districts that contain a mix of both commercial and residential uses and where the commercial use is the principal use shall be billed commercial rates. (Ord. 1058 § 6 (Exh. F), 2019; Ord. 786, 2000)

13.50.350 Payment – Penalty for failure to pay.

Sewer service charges shall become past due and delinquent 30 service days after the date of mailing, and the date of mailing shall be plainly noted on such bills. If not so paid the city shall have the right to charge the amount owing with accrued interest at the maximum lawful allowable rate. In addition, see Sections 13.50.080 and 13.50.090. (Ord. 786, 2000)

13.50.360 Severability.

If any provision, paragraph, word, section or article of this title is invalidated by any court of competent jurisdiction, the remaining provisions, paragraphs, works, sections and chapters shall not be affected and shall continue in full force and effect. (Ord. 786, 2000)

13.50.370 Conflict.

All other ordinances and parts of other ordinances inconsistent or conflicting with any part of this title are repealed to the extent of such inconsistency or conflict. (Ord. 786, 2000)