Chapter 13.20
GENERAL
Sections:
13.20.030 Utility review committee.
13.20.040 Fees, charges, rates, deposits and normal working hours.
13.20.060 Violations and appeals.
13.20.010 Administration.
The board appoints the director of public works to be the administrator of the utility division and delegates, grants and conveys to him or her such duties, responsibilities and authority as are necessary and proper to manage and operate the utility system consistent with state law and regulations and the rules and regulations adopted by Lewis County. The administrator is authorized to:
(1) Adopt and implement regulations that are reasonably necessary to implement the provisions of this chapter pursuant to state law and regulations and county ordinances and regulations.
(2) Amend the design or construction standards in accordance with sound engineering standards and practices.
(3) Administer the planning, design, acquisition, construction, maintenance, operation, and capital improvement plans and programs of the utility system.
(4) Propose fees, charges, rates and deposits for installation, inspections, permits, connections, usage and other services which shall be set by the board in accordance with state law.
(5) Perform inspections and undertake enforcement as necessary to ensure compliance with this chapter. [Ord. 1265 Att. A, 2016]
13.20.020 Utility division.
For the purpose of implementing the provisions and aims of this title, a Lewis County utility division within the Lewis County department of public works is hereby created and established consistent with RCW 36.94.120. [Ord. 1265 Att. A, 2016]
13.20.025 Applicability.
The provisions of this chapter shall apply to all properties within the utility service area. No water or sewer service shall be extended beyond the service area boundaries as identified in a sewerage or water general plan without proper amendment of such utility service area. [Ord. 1265 Att. A, 2016]
13.20.030 Utility review committee.
Prior to any establishment, acquisition or construction of a public sewerage or water system, the adoption of a new, amended or revised sewerage or water general plan for that service area is required. The board shall submit the document to a utility review committee with a membership consistent with RCW 36.94.050 for each service area, or create a utility review committee for the entire county. The utility review committee shall be set by board resolution. If the board rejects the sewerage or water general plan for that service area, then the utility review committee is deemed to be dissolved; otherwise the utility review committee shall continue in existence to review the amendments to the plan. [Ord. 1265 Att. A, 2016]
13.20.040 Fees, charges, rates, deposits and normal working hours.
Fees, charges, rates, deposits and normal working hours for water and sewer service shall be set by the board by resolution. All fees, charges, rates and deposits for installation, inspection, permits, connections, usage and other utility services shall be in accordance with the current Lewis County rate schedule as approved by the board.
The board may consider the following factors in establishing service rates and fees:
(1) Differences in costs of service.
(2) Differences in class of customers or service.
(3) Quantity and quality of the treated sewage and delivered water.
(4) Capital contributions made to the utility system.
(5) Debt and outstanding loans of the utility system.
(6) Composition of customer base.
(7) Record of public health violations.
(8) Complexity of the utility system.
(9) Availability of utility resources. [Ord. 1265 Att. A, 2016]
13.20.050 Liability.
Pursuant to RCW 36.94.480, where Lewis County assumes responsibility for a water system that is not in compliance with state or federal requirements for public drinking water systems, Lewis County and its agents and employees are immune from lawsuits or causes of action based on noncompliance with state or federal requirements for public drinking water systems which predate the date of assuming responsibility and continue after the date of assuming responsibility; provided, that the county has submitted and complying with a plan and schedule of improvements approved by the State Department of Health. This immunity shall expire on the earlier of the date the plan of improvements is completed or four years from the date of assuming responsibility. This immunity does not apply to intentional injuries, fraud or bad faith. [Ord. 1265 Att. A, 2016]
13.20.060 Violations and appeals.
(1) General.
(a) An applicant’s, property owner’s, or customer’s failure to comply with this title shall be cause for withholding or withdrawing approval of overall project plans, forfeiture of the financial guarantee submitted to the county, and nonacceptance of portions of the work.
(b) The county utility division may require the applicant, customer or property owner to remove or replace illegal utilities and other items associated with this title that were not properly permitted. The county utility may perform the work at the property owner’s or applicant’s expense. The cost of such work shall be per LCC 13.10.010.
(c) No connections shall be allowed to the county utility system until all conditions of approval are met.
(d) Nothing contained herein supplants or replaces any greater penalty or other remedy provided under state or federal law.
(2) Enforcement Actions. The county shall have the authority to enforce this title as well as other referenced or pertinent regulations or specifications. The utility division will appoint project engineers, assistants, and inspectors as necessary to inspect the work and they will exercise such authority as the administrator may delegate.
(3) Stop Work Orders. Should the county become aware of conditions that invalidate the original design data used to obtain the permit or determine that the applicant or property owner is not complying with the conditions of the permit or approved plans, the county may revoke the original permit and order work stopped on the project. Examples of reasons why the county may order all or part of the permitted work stopped include but are not limited to the following:
(a) Failure to comply with the conditions of the permit.
(b) The permit was granted on the basis of erroneous or incomplete information submitted to the utility division.
(c) The weather or weather-related conditions caused off-site or downstream drainage problems.
(d) The work has created a condition that is a hazard to life, endangers property, or adversely affects the use or stability of the work.
(4) Cease and Desist Orders. The county may serve a cease and desist order for violations of this title. The order shall include the following:
(a) Description of violation.
(b) Effective date, such as immediately upon receipt by the person or entity to whom the order is directed.
(c) Compliance outcome such as failure to comply with terms of a cease and desist order can result in enforcement action including but not limited to issuance of a civil infraction citation.
(d) Corrective measures.
(5) Civil Infraction. Any person or entity (including but not limited to a natural person, a firm, corporation, partnership, joint venture, limited liability corporation, limited liability partnership, or limited liability entity) violating any provisions of this title shall be deemed guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine of not more than $250.00 per violation or by imprisonment for not more than 90 days as set forth in Chapter 1.20 LCC. Each such person or entity found guilty of a violation shall be deemed guilty of a separate offense for each and every day during any portion of which any violation of any provision of this title is committed, continued or permitted by such person or entity, and shall be punished therefor. [Ord. 1265 Att. A, 2016]
13.20.080 Severability.
If any part of this title shall be found invalid, all other parts shall remain in effect. [Ord. 1265 Att. A, 2016]