Chapter 13.12 SEWER SERVICE SYSTEM

“BOD” (denoting biochemical oxygen demand) means the quantity of oxygen utilized in the biochemical oxidation of organic matter under standard conditions in five days at twenty (20) degrees centigrade, expressed in parts per million by weight, as defined in Standard Methods.

“Building drain” means the sewer pipe used for conveying sewage from within the building to a point two and one-half feet outside the foundation wall, and if there is no foundation wall, to a point two and one-half feet beyond the outer line of any footing, piling, building support or porch under which it may run; whether such drain consists of one line extending from the building or of two or more such lines.

“Clerk” means the clerk-treasurer of the town of Winthrop.

“Council” means the town council of the town of Winthrop.

“Cross-connection” means any physical arrangement where a public water system is connected, directly or indirectly, with any other nondrinkable water system or auxiliary system, sewer, drain conduit, swimming pool, storage reservoir, plumbing fixture, swamp cooler, or any other device which contains, or may contain, contaminated water, sewage, or other liquid of unknown or unsafe quality which may be capable of imparting contamination to the public water system as a result of backflow. Bypass arrangements, jumper connections, removable sections, swivel or changeover devices, or other temporary or permanent devices through which, or because of which, backflow may occur are considered to be cross-connections.

“DOE” means the Washington State Department of Ecology or its authorized deputy, agent or representative.

“Drain” means any conductor of liquids.

“ERU” or “equivalent residential unit” means a unit of water or wastewater which incurs the same costs for operation and maintenance as the average volume of water consumed by, or domestic wastewater discharged from, a single-family residence.

“Fats, oils and greases” means oil and grease as determined by the Partition-Gravimetric Method described in Standard Methods.

“Garbage” means solid waste from the preparation, cooking and dispensing of food and from the handling, sale and storing of produce.

“General sewer plan” means the town’s general sewer plan, as adopted by resolution of the council and as now or hereafter amended.

“Industrial waste” means the wastes from industrial processes, as distinguished from sanitary sewage.

“Inflow” means wastewater such as storm-water from roof drains and area drains, groundwater from basement drains, cooling water from refrigeration or other equipment, uncontaminated industrial process wastewater, which wastewater does not contain human wastes or polluting matter that would be subject by the regulations of DOE to treatment at the town’s treatment facilities.

“Interceptor” means a grease and/or sediment trap.

“Licensed water/sewer contractor” means a contractor, licensed and bonded under the provisions of this chapter, to do work incidental to the construction or repair of side sewers, and town water services under a permit issued by the town under the provisions of the town water and sewer use ordinances.

“Occupant” means any person or owner in physical possession of the building or structure to which sewer service is available.

“Permit” means a permit issued in conjunction with any provision of this chapter, which permit shall be posted on the premises and shall be readily and safely accessible to the wastewater operator.

“Person” or “owner” means any individual, firm, company, association, society, corporation or group.

“pH” means the logarithm of the reciprocal of the weight of hydrogen ions in moles per liter of solution.

“Potable water” means water which is satisfactory for drinking, culinary and domestic purposes and meets the Washington State Drinking Water Standards.

“Private sewer” means the sewer line and disposal system constructed, installed or maintained where connection with the public sewer system is not required herein.

“Properly shredded garbage” means garbage that has been shredded to such a degree that all particles will be carried freely under the flow conditions normally prevailing in public sewers with no particles greater than three-eighths-inch in any dimension.

“Public place” or “public area” means any space dedicated to or acquired for the use of the general public.

“Public sewer” means a sewer, including any pumps, which is constructed within public property, easements or rights-of-way and which is owned, operated and maintained by the town.

“Sanitary sewage” means the water-carried wastes from residences, businesses and institutional establishments, which wastes contain human wastes and polluting matter subject by the regulations of the DOE to treatment at the town’s treatment facilities.

“Sewage” means the water-carried wastes from any source that would be subject by the regulations of the DOE to treatment at the town’s treatment facilities.

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

“Sewer line extension” means any pipe added or connected to an existing sewerage system together with any pump stations; provided that the term does not include gravity side sewers which connect individual building or dwelling units to the sewer system when these side sewers are less than one hundred fifty (150) feet in length and not over six inches in diameter. (Chapter 173-240 WAC)

“Side sewer” means the sewer extending from the town’s public sewer to the building drain.

“Standard Methods” means the current edition of Standard Methods for the Examination of Water and Wastewater, as jointly published by the Water Pollution Control Federation, American Water Works Association, and the American Public Health Association.

“Suspended solids” means solids that either float upon, sink within, or are in suspension in water, sewage, or other liquids, and which are removable by filtration, as defined in Standard Methods as total filterable residue dried at one hundred three (103) to one hundred five (105) degrees C.

“Town” means the town of Winthrop.

“Town Hall” means the Town Hall of the town of Winthrop.

“Wastewater operator” means the certified wastewater treatment plant operator in responsible charge of the town wastewater treatment plant as required per Chapter 70.95B RCW and Chapter 173-230 WAC or his/her authorized representative, deputy or agent.

“Water distribution manager” means the certified water distribution manager in responsible charge of the town water system as required per Chapter 70.119 RCW and Chapter 285-55 WAC or his/her authorized representative, deputy or agent.

“Water/sewer construction standards” means the standards for construction of sewer and water lines and appurtenances, as promulgated by the wastewater operator and the water distribution manager from time to time.

Where there is no definition in this chapter, definitions in Title 17, Zoning, will be used. (Ord. 715 § 1 (Exh. A)(part), 2019: Ord. 413 Art. I, 1993)

Article II. Use Regulations

13.12.020 Deposit of objectionable waste.

It is unlawful for any person to place, deposit or permit to be deposited in any unsanitary manner upon public or private property within the town, or in any area under the jurisdiction of the town, any human or animal excrement, garbage, or other objectionable waste. (Ord. 413 § 2.01, 1993)

13.12.030 Privies, privy vaults, septic tanks and cesspools.

Except as hereinafter provided, it is unlawful to construct or maintain any privy, privy vault, septic tank, cesspool, or other facilities intended or used for the disposal of sewage. (Ord. 413 § 2.02, 1993)

13.12.040 Connection to public sewer required.

A. The owner of each lot or parcel of real property within the town, upon which lot or parcel there is situated any building or structure for human occupancy or use for any other purpose, which necessitates sewage disposal, and whenever there is a public sewer line within two hundred (200) feet of the property line of such lot or parcel and said public sewer line is capable of serving the property, shall install suitable toilet facilities therein and shall connect such facilities, together with all other facilities therein the use of which results in the existence of sewage as defined herein, with the public sewer system at his/her own expense within ninety (90) days after acceptance by the town of the public sewer line capable of serving such lot or parcel.

B. All property on which existing buildings are situated (which are not being renovated as below set forth) shall be deemed capable of being served by sewer lines of the town if the first floor plumbing of the building or structure located thereon can be served into the town sewer lines by gravity flow, even though the basement drains of such building or structure cannot be served by gravity flow into the town sewer lines.

C. All property on which new structures are being built or on which existing structures are being renovated where a building permit is required, shall be deemed capable of being served by sewer lines of the town if the same can be connected by gravity flow or pumping to the town lines.

D. Whenever a public sewer becomes available to a lot or parcel served by a private sewage disposal system, and such lot or parcel is capable of being served by such public sewer, as provided in Section 13.12.040, a direct connection shall be made to the public sewer within ninety (90) days, weather permitting, in compliance with this chapter and any septic tanks, cesspools, and similar private sewage disposal facilities shall be removed or abandoned and filled with suitable material in a manner approved by the wastewater operator.

E. Any building hereafter constructed or made available for human occupation and use upon a lot or parcel of real estate capable of being served as defined in Section 13.12.040, shall, within ninety (90) days after an application for a sewer permit shall have been made, or prior to occupancy of said premises, whichever event first occurs, be connected to the sewer system of the town. (Ord. 413 §§ 2.03, 2.08, 1993)

13.12.050 City to perform work when—Payment of costs.

A. In the event the side sewer and connection to the public sewer are not made within the time herein provided, and following notice as provided, the wastewater operator is authorized and directed to cause the same to be made and file a statement thereof with the clerk and thereupon a warrant shall be issued under the direction of the town council for the payment of such costs.

B. Such amount, together with a penalty of ten (10) percent thereof, plus interest at the rate of twelve (12) percent per year upon the total amount of the cost and the penalty, shall be assessed against the property upon which side sewer connection has been made by, or by the direction of the wastewater operator as required and shall become a lien thereon as herein provided. (Ord. 413 § 2.09, 1993)

13.12.060 Private sewer and sewage disposal systems.

A. Where a public sewer line is not available under the provisions of Section 13.12.040, a private sewer and sewage disposal system shall be constructed in accordance with provisions herein, on terms and conditions as may be established by the town council in special circumstances.

B. The type, capacity, location and layout of a private sewage system shall comply with all recommendations and regulations of the Okanogan County health department and the state of Washington Department of Social and Health Services. No septic tank or cesspool shall be permitted to discharge to any public sewer, natural outlet or to ground surface. The owner shall operate and maintain the private sewage disposal facilities in a sanitary manner at all times at no expense to the town. (Ord. 413 §§ 2.07, 2.10, 1993)

13.12.070 Pressure-reducing valves and water meters—Required.

All new construction, new side sewer service users, changes in use that would require the payment of an incremental sewer system development fee, remodeling or renovation projects in which plumbing fixtures are replaced and all remodeling or renovation projects valued over ten thousand dollars ($10,000.00), that use or will use the town sewer system, regardless of whether the user’s water source is from the town water system or from any other source such as a private or community well, shall install and use:

A. A pressure-reducing valve to reduce the water service pressure to forty-five (45) psi, if the static system pressure is greater than forty-five (45) psi.

B. A meter for measuring the amount of water used. The type, size and design of meter to be installed, and the location of the installation shall be as designated by the wastewater operator and as shown in the town side sewer permit. (Ord. 413 § 2.04, 1993)

13.12.080 Pressure-reducing valves and water meters—Inspection.

All meters and pressure reducers required to be installed by town ordinance, shall be inspected and properly adjusted before installation, and inspected prior to commencement or reestablishment of side sewer service. (Ord. 413 § 2.05, 1993)

13.12.090 Ownership and maintenance responsibility.

The side sewer shall be owned by the owner of the property served. However, any meter, remote readout, meter pit, vaults, covers and meter risers shall be maintained, repaired and tested by the town for all active service connections. Pressure-reducing valves shall be maintained solely by the owner. (Ord. 413 § 2.06 (part), 1993)

13.12.100 Interference with meter prohibited.

It is unlawful for any person to tamper or interfere with any meter, readout, or meter seal, or modify water services, or plumbing so water will not actuate the meter. (Ord. 413 § 2.06 (part), 1993)

Article III. Sewer Permits

13.12.110 Permit required.

It is unlawful for any person to make any connection with, commence construction of, change the use of, or expand the use of, any public or side sewer or to make any sewer line extension, without complying with all of the provisions of this chapter in relation thereto and having first procured a permit to do so from the town (see Article 6, Obtaining A Permit). No side sewer permit will be issued for a side sewer service to a new building except in conjunction with a building permit. (Ord. 413 § 3.01, 1993)

13.12.120 Permit application—Form and contents.

Application for the permit for a side sewer required by Section 13.12.110 shall be filed with the town, on a form provided by the town, which form shall include the following information:

A. The name and address of the owner and the correct address and proper legal description of the property to be served;

B. The building permit number or building official’s signature signifying that no permit is required;

C. The dimensions and locations of any buildings on the property;

D. The use for which the service is intended and the number of dwelling, office, commercial or other units on the property;

E. The location of all sewer, drain, potable water and nonpotable lines within the property to be served or property through which the service must cross within an acceptable easement;

F. Construction specifications; including pipe, meter service, pressure reducer (where applicable);

G. The whole course of the side sewer from the public sewer to its connection with the building drain to be served, and if applicable, the whole course of the sewer line extension from the existing public sewer to its connection with the building drains or properties to be served. Including elevations, slopes, cleanout locations and general dimensions;

H. Any other information, due to the particular circumstances of the property or use thereof, which the town reasonably deems necessary to ascertain whether or not the permit should be issued. (Ord. 413 § 3.02, 1993)

13.12.130 Permit application—Review and approval.

A. The application shall be reviewed and initialed by the mayor, planner, superintendent, water distribution manager, clerk, deputy clerk, marshal and fire chief.

B. The application shall be submitted to the wastewater operator who may change or modify the same and designate the manner and place in which such sewers shall be connected with the public sewer, and shall endorse his/her approval upon the application if the same is acceptable to him/her. The wastewater operator may require the permittee to furnish him/her additional detailed plans and specifications pertaining to the application and issuance of the permit.

C. The wastewater operator shall compute the sewer system development fee and any latecomer fee, due and payable upon issuance of the permit. (Ord. 413 §§ 3.03, 3.04, 1993)

13.12.140 Permit issuance.

After review and approval as hereinabove required, the clerk shall, upon receipt of all fees and charges due (see Article 4), sign the application and issue the permit. (Ord. 413 § 3.05, 1993)

13.12.150 Permit alteration.

Upon approval of the application and issuance of the permit, it is unlawful to alter said permit or to perform any work other than is provided for and as described in the permit. (Ord. 413 § 3.06, 1993)

13.12.160 Recordkeeping.

The wastewater operator shall prepare and keep on file in his/her office all records of sewer connections showing the information obtained in the course of inspection of the work completed under such permits. (Ord. 413 § 3.07, 1993)

13.12.170 Licensed contractor required.

A. It is unlawful to construct, extend, relay, repair, change the use of, expand the use of, or to make connection to any side sewer inside the property line without obtaining a permit from the town as hereinabove provided.

B. The town may issue such permit to the owner or occupant of any property to construct, extend, relay, repair, change the use of, expand the use of, or make connections to any side sewer inside the property lines; in such event, however, such owner or occupant shall comply with the applicable provisions of this chapter, except that he/she need not employ a licensed water/sewer contractor to do the work if he/she makes the installation him/herself. However, should the owner or occupant employ another person to construct, extend, relay, repair, change the use of, expand the use of, or make connections to any side sewer, it must be a contractor licensed by the town as set forth hereinafter, and such contractor shall secure the permit, but in such event the owner, occupant, or other person shall not lay pipe pursuant to such permit. (Ord. 413 § 3.08, 1993)

13.12.180 Extensions and connections in public areas.

It is unlawful for any person to construct a sewer line extension or to make any connection to any public sewer, or to lay, repair, alter or connect any side sewer in any public area, except by town utility personnel or a licensed water/sewer contractor licensed by the town as described hereinafter in Article 13 of this chapter. The town shall have the option of performing any portion of any side sewer within any public area, at the option of the wastewater operator. (Ord. 413 § 3.09, 1993)

13.12.190 Work on public sewers.

No licensed water/sewer contractor shall alter, tamper with or extend any public sewer, except in accordance with the conditions a permit, town ordinance, and the water/sewer construction standards, and except under the supervision of the wastewater operator. (Ord. 413 § 3.10, 1993)

13.12.200 Safeguarding excavations.

It is unlawful for any person, whether owner, occupant or licensed water/sewer contractor, to leave unguarded any excavation made in connection with the construction or repair of any side sewer within four feet of any public place or fail to maintain the lateral support of any public place in connection with the construction, alteration or repair of any side sewer. (Ord. 413 § 3.11, 1993)

13.12.210 Additional work—Approval required.

When a permit has been issued as herein provided, no work other than that covered by the permit shall be done without the approval of the wastewater operator; if the wastewater operator deems the additional work of sufficient consequence, a new permit may be required to cover the same. (Ord. 413 § 3.12, 1993)

13.12.220 Disconnection or removal of service.

It is unlawful to disconnect any side sewer, or remove any portion of a side sewer without securing a permit from the town to do so. The disconnected service shall be plugged at the property line to the satisfaction of the wastewater operator. (Ord. 413 § 3.13, 1993)

13.12.230 Water/sewer construction standards.

All work done to construct, extend, relay, repair, make connection to or disconnect any side sewer or sewer line extension shall be carried out in compliance with the water/sewer construction standards. Copies of said standards will be available for inspection at Town Hall. (Ord. 413 § 3.14, 1993)

Article IV. Charges, Fees and Costs

13.12.240 Costs to be borne by owner.

All costs and expenses incidental to the installation, connection or disconnection of a side sewer shall be borne by the owner. The owner shall indemnify and hold harmless the town for any loss or damage that directly or indirectly be occasioned by the installation of the side sewer, by installers other than town utility personnel. (Ord. 413 § 4.01, 1993)

13.12.250 Permit application fee.

There shall be a nonrefundable fee for each side sewer permit application. The application fee shall be twenty-five dollars ($25.00), payable at the time of application; except that there shall be no application fee for a permit to disconnect a side sewer. (Ord. 413 § 4.02, 1993)

13.12.260 Installation charges.

The charge for the physical installation of any part of a side sewer within any public area by town utility personnel as provided for in this chapter, shall be the actual cost of the labor, machine time, and materials, plus ten

(10) percent to cover overhead and billing. This charge shall be due upon completion of the work and paid prior to use of the side sewer. (Ord. 413 § 4.03, 1993)

13.12.270 Sewer system development fees.

A. A sewer system development fee as determined in this section must be paid in the following manner:

1. Payment of five percent of the total fee prior to the issuance of the side sewer service permit, with the balance received prior to the final approval or use of the town side sewer service; or

2. Payment in accordance with a contract with the town, approved by the town council. Such contract shall include appropriate interest, administrative fee (nonrefundable) and a requirement that upon sale or transfer of any interest other than a leasehold interest in the property for which the permit has been granted, the entire remaining balance due for payment of the permit shall become immediately due and payable without further notice by the town.

B. The sewer system development fee shall not apply to Town Hall, town maintenance, town water system, town park and town wastewater system facilities.

C. The sewer system development fee for new town side sewer service shall be computed using the following formula:

[Current ENR CCI/Base ENR CCI] x [Total ERU Cost]

Where,

Base ENR CCI	= Engineering News Record Construction
	Cost Index for Seattle on Sept., 1989.
	= 4932
Current ENR CCI	= Engineering News Record Construction Cost Index for Seattle for the month that the complete service application is filed.
Total ERU Cost	= The total number of ERUs for the new service using the ERU schedule, Article 5, of this chapter, applied to the following cost schedule:

First ERU	$1,000.00
Second through fourth ERU	900.00
Fifth through ninth ERU	810.00
Tenth through fourteenth ERU	729.00
Fifteenth through nineteenth ERU	656.00
Twentieth or more ERUs	590.00

D. The sewer system development fee for any expansion of, change in use of, or addition to, a building or structure that raises the ERU rating of an existing service connection, shall result in the obligation to pay an incremental sewer system development fee, computed by assessing the ERU cost only to the difference between the old and the new ERU rating established for that service.

E. The sewer system development fee for public sewer service outside the town limits shall be two times the fee determined for public sewer service within the town limits.

F. For the purposes of this chapter an existing service connection shall be defined as a connection to the public sewer system that has paid a hook-up fee specific to that connection, and paid a minimum of single-family user fees specific to that connection from the time of payment of the hook-up fee, or meets the criteria established under Section 13.12.280 of this article. Any active connection that was connected prior to the establishment of any hook-up or connection fees by the town and that has been paying a minimum of single-family user fees as a separate and individual service connection from any other service connection, shall also be considered an existing service connection under this chapter.

G. The payment of the cost of the installation of a connection from the main line to the property shall not constitute the establishment of an existing service connection.

H. All sewer system development fees collected shall be paid into a special interest-bearing capital dedicated reserve account of the town or into a special sinking fund account for debt service payments as determined by the town council.

I. Monies collected from the sewer system development fee shall be used solely to finance increases in the public sewer system capacity including but not limited to the following:

1. Enlargement and upgrading of the public sewer system or equipment or elements thereof;

2. That portion of town water system conservation measures that directly contribute to reduced per capita demands on the public sewer system;

3. Debt service payments for any loans, bonds, notes or other evidence of indebtedness legally incurred by the town for the purposes of increasing the capacity of the public sewer system.

J. The monies collected from the sewer system development fees may not be used to finance routine maintenance and repair activities or other expenses solely related to operation of the system.

K. In the event that any owner does not actually connect to the town sewer system within six months of the granting of the permit referred to above, he/she may apply for a rebate of his/her sewer system development fee, in writing, for up to eighteen (18) months from the first permit date of issue. In such event, ninety (90) percent of the sewer system development fee shall be rebated to said owner. The ten (10) percent of such fee retained by the town shall be deemed necessary to cover the town’s administrative costs and capital expansion plans made in reliance of anticipated systems development needs. All service charges and connection fees paid by the owner in such circumstances shall be entirely retained by the town. (Ord. 413 § 4.04, 1993)

13.12.280 Abandonment of service line.

A. A service line shall be presumed to be abandoned by the owner when service charges have been unpaid for a period of one year. Except as provided in subsection F of this section, upon abandonment pursuant to this section, town service can be resumed only upon payment of a new sewer system development fee.

B. If a hook-up fee has been paid to the town for a property, prior to the passage of the ordinance codified in this chapter, and such property has not been paying monthly sewer user charges, the property owner shall pay the monthly sewer user charges from the month of passage of the ordinance codified in this chapter forward at the rate determined for a single- family residence, or the service shall be deemed abandoned. The town shall give public notice of this requirement in the same manner and for the same time period as that required for passage of a town ordinance. The public sewer service cannot be restored unless a new sewer system development fee is paid.

C. If a structure served by a town system is torn down or destroyed, the owner can either voluntarily abandon the service line or prevent abandonment by paying the service charges to the town in an amount equal the charges prior to the building’s destruction.

D. Any property owner may voluntarily abandon their service line by written notice of their intention to do so to the town. Such service line shall be deemed abandoned upon receipt of said notice, and physical abatement of the line as may be required in the town’s sewer use ordinance.

E. If a service line is abandoned pursuant to this article, service charges to the property or building shall cease to accrue upon the effective date of the abandonment. However, abandonment pursuant to this article shall not relieve the owner of their obligation to pay the sewer utility balance due prior to the date of abandonment.

F. In cases where the sewer service line has been abandoned for failure to pay service charges for a period of one year as set forth in subsection A of this section, a new bona fide purchaser for value of the property subject to the abandonment shall have the option to restore service to the property if the following conditions are met:

1. The new purchaser must exercise such option within one year of the date of abandonment of the town sewer service to the property;

2. The new purchaser must be a bona fide purchaser for value, which for the purposes of this subsection, shall mean a person, firm, corporation, company or entity that has purchased or been assigned the property for an amount that is equivalent to at least fifty (50) percent of the fair market value of the property, or at least fifty (50) percent of the current assessed value of the property as determined by the Okanogan County assessor, whichever is less. The new purchaser shall be required to produce the documentation substantiating the requirements of this subsection, and “new purchaser” shall not mean any assignee, transferee, heir or devisee, or entity, unless they meet the definition of a bona fide purchaser for value;

3. The sewer utility balance due prior to the date of abandonment, as well as any unpaid system development fees or other fees from the previous owner prior to abandonment must be paid in full;

4. All service charges based on the prior use of the property that would have accrued from the time of abandonment to the time the option to restore service is exercised, must be paid in full; and

5. The equivalent residential units (“ERU”) of wastewater as required for any proposed use pursuant to Winthrop Municipal Code, Chapter 13.16, must be available for discharge, as determined at the sole discretion of the town.

If the above conditions are met, a new purchaser may choose to reduce their level of ERU use to be applied subsequent to the date the option is exercised by the new purchaser. (Ord. 642 § 1 (part), 2012; Ord. 413 § 4.05, 1993)

13.12.290 Inspection fee.

An inspection fee shall be charged by the town as necessary to recover the town’s expenses in connection with the inspection work, including any consultants, testing, or other costs incurred by the town. This fee shall be a minimum of twenty-five dollars ($25.00). The balance of any inspection fee generated over and above the minimum, must be paid prior to the final approval or any use of the side sewer service. (Ord. 413 § 4.06, 1993)

13.12.300 Investigation fee.

A. An investigation fee shall be charged whenever any work for which a permit is required by this chapter has been commenced without first obtaining such permit; a special investigation shall be made before a permit may be issued for such work.

B. The investigation fee, in addition to the permit fee, shall be collected whether or not a permit is then or subsequently issued. The investigation fee shall be equal to the sum of the permit application fee and the inspection fee required under this chapter. The minimum investigation fee shall be the sum of the permit application fee and the minimum inspection fee. The payment of such investigation fee shall not exempt any person from compliance with all other provisions of this chapter nor from any penalty prescribed by law. (Ord. 413 § 4.07, 1993)

13.12.310 Sewer user charges.

A. Sewer user charges shall be due starting six months from the date of issue of the first side sewer permit to the owner, the first month the side sewer receives any flow, or the month in which an occupancy permit is issued, whichever occurs first, and shall be payable for the whole month at a rate determined by the town rate ordinance or contract rate if applicable.

B. Sewer user charges shall continue regardless of whether the physical connection is made, until the service is abandoned, or a rebate of the sewer system development fee is requested in writing in accordance with the provisions of this chapter. (Ord. 413 § 4.08, 1993)

Article V. Sewer System Development Fee ERU Schedule

13.12.320 Schedule.

USE CLASS1	ERU	UNIT
Accessory dwelling unit	0.5	Per unit
Barber and beauty shops	0.3	Per station
Bed and breakfast	1.0 0.5	Owner residence Per transient room (limit 2)
Bowling alley	0.5	Per lane
Cafes, cafeterias, taverns, bars, restaurants, lounges, snack bars, delicatessens2	1.0 0.003	500 sq. ft. or less Each sq. ft. in excess of 500 sq. ft.
Car washes	20.0 2.0 1.0	Per automatic bay Per manual bay Per manual bay with 60% recirculated water
Churches, conference/meeting/banquet rooms, and similar facilities	0.03 0.04	Per 1,000 sq. ft. without in-house food-serving capabilities Per 1,000 sq. ft. with in-house food-serving capabilities
Gas stations3, 4	1.5 0.2	Per dispenser island Per fuel nozzle in excess of four per island
Hotels, motels, cabins, lodges, inns	0.4 0.2 0.1	Per unit with 1 to 2 beds Per bed over 2 per unit Per unit with kitchen or kitchen access
Institutions with permanent or temporary residents, rest homes, etc.	0.4	Per resident (design capacity)
Laundries	0.5 0.75	Per machine, coin-operated Per machine, commercial
Light industrial, service commercial, warehousing	0.3	Per 1,000 sq. ft.
Multifamily residence, apartments5	0.78	Per unit
Offices and office buildings	0.75	Per 1,000 sq. ft.
Overnight/transient rentals and single-family tourist accommodations	1.0 1.5 2.0	Per unit—3 or less bedrooms Per unit—4 to 5 bedrooms Per unit—6 or 7 bedrooms Over 7 bedrooms classified with hotels, motels, cabins, lodges, inns
Retail stores	0.5	Per 1,000 sq. ft.
R.V. parks	0.5	Per space
Schools, elementary, day care, preschool	0.05	Per capita (maximum student capacity)
Schools, junior high	0.06	Per capita (maximum student capacity
Schools, high	0.07	Per capita (maximum student capacity)
Single-family residence (including duplexes and mobilehomes occupied as single-family residences)	1.0	Per unit
Theaters	0.02	Per seat

1 If more than one use category is applicable to a particular building, the building will be divided into areas of similar use categories and the ERU units for the building will be computed by adding the ERU units determinations for each use category area. For uses not specifically described in this schedule, the number of ERU units to be assigned shall be determined on a case-by-case basis by the wastewater treatment plant operator and approved by the town council. No less than 1.0 ERU unit will be assigned any building or portion thereof that has a separate side sewer.

2 In computing area, the “total usable area” shall be used. “Total usable area” includes but is not limited to: kitchen areas, serving areas, washing areas, occupant areas, waiting rooms, storerooms, restrooms, lunch rooms, halls, entryways, showrooms and retail areas.

3 In computing the number of fuel nozzles, the town will only count the number of nozzles that can dispense fuel at the same time. For the purposes of this schedule, fuel includes all types of gasoline and diesel fuel.

4 For the purpose of gas station/retail store combinations, the retail space assessed at the retail store square footage rate shall be equal to the total retail space less four hundred (400) square feet or zero, whichever is greater. This adjustment is to account for the estimated retail space of a gas station without any general retail space.

5 A residential building or portion thereof shall be considered multifamily if it has more than one kitchen area.

(Ord. 715 § 1 (Exh. A)(part), 2019: Ord. 413 Art. 5, 1993)

Article VI. Obtaining a Side Sewer Permit

13.12.330 Application—Payment of fees.

Application for such permit shall be made on a printed form furnished by the town. The permit fee and any investigation fee generated shall be paid at the time of application. The minimum inspection fee shall be paid prior to the issuance of the permit. Any inspection fee in excess of the minimum fee, shall be paid prior to approval and use of the side sewer. The system development fee shall be paid in accordance with Section 13.04.300. (Ord. 413 § 6.01, 1993)

13.12.340 Latecomer charges.

No permit shall be issued pursuant to this chapter until all latecomer charges, as might be required to be paid under contract with the town, have been paid. (Ord. 413 § 6.02, 1993)

13.12.350 Permit—Expiration—Extension.

No permit issued under this chapter shall be valid for a period longer than ninety (90) days except that one ninety (90) day extension may be granted by the wastewater operator upon application therefore prior to the expiration of same. Failure to renew said permit prior to the expiration thereof, and extensions beyond the aforementioned one extension shall require payment of a new permit fee. (Ord. 413 § 6.03, 1993)

Article VII. Inspection

13.12.360 Procedure.

A. No trench shall be filled or any sewer covered until the work has been inspected and approved by the wastewater operator. Any person performing work under a permit issued pursuant to this chapter shall notify the wastewater operator when the work will be ready for inspection. The wastewater operator shall make such inspection within forty-eight (48) hours after receipt of notice, excluding Saturdays, Sundays and holidays.

B. When so directed by the wastewater operator, either the licensed water/sewer contractor or a competent representative shall be available to meet the wastewater operator on the premises for the inspections. In the case of side sewers where the owner or occupant is doing the work, the owner, occupant or a competent representative shall be available to meet the wastewater operator on the premises for the inspections when so requested. (Ord. 413 § 7.01, 1993)

13.12.370 Notice of defects.

If the wastewater operator finds the work or materials used are not in accordance with this chapter, and all standards referenced herein, he/she shall notify the person doing the work and also the owner or occupant of the premises by posting a written notice on the premises, and such posted notice shall be all the notice required to be given of the defects in the work or materials found in such inspection. (Ord. 413 § 7.02, 1993)

13.12.380 Completion of work in public areas.

All work within the limits of any public area shall be prosecuted to completion with due diligence, and if any excavation is left open beyond a time reasonably necessary to fill the same, the wastewater operator may cause the same to be backfilled and the public area restored forthwith. (Ord. 413 § 7.03, 1993)

13.12.390 Town to perform work when.

If any work is not done in accordance with the provisions of this chapter, and all standards referenced herein, or where it is determined by the wastewater operator that a sewer is obstructed, broken or inadequate and is a menace to health or is liable to cause damage to either public or private property, then, after notice by the wastewater operator, if the contractor, owner or person doing the work, as the case may be, fails to properly construct, repair or complete such work within the time specified in such notice, the wastewater operator may perform, or contract to have performed such work as may be necessary to comply with these standards and the cost of such work so done shall be charged to the property owner, occupant or contractor, as the case may be, and shall become immediately payable to the town upon written notice of such amount being delivered to such owner, occupant or contractor, or posted upon such premises. (Ord. 413 § 7.04, 1993)

Article VIII. Illegal Connections

13.12.400 Diversion of inflow prohibited.

It is unlawful to divert or cause to be diverted any inflow into any sewer, manhole, or other appurtenant structure or portion of the sewer system. (Ord. 413 § 8.01, 1993)

13.12.410 Inspection for illegal connections.

At the time of inspection of the sewer by the wastewater operator, it shall be visibly demonstrated to the wastewater operator that there is no illegal connection to the service sewer by running water into the roof drains or other drains as appropriate and observing the flow at the inspection riser, or by such other measures as the wastewater operator may deem necessary. (Ord. 413 § 8.02, 1993)

Article IX. Unlawful to Tamper with System

13.12.420 Unlawful activities designated.

It is unlawful to break, damage, destroy, deface, alter or tamper with any structure, appurtenance or equipment which is part of the sewer system of the town, or without authority from the town, to break, damage, destroy or deface any public walk, curb or pavement, or to make openings or excavations in a public area for the purpose of connection to any public sewer. (Ord. 413 § 9.01, 1993)

13.12.430 Backfilling of excavations.

All excavations made by any person in any public area shall be made and backfilled in accord with this chapter and the water/sewer construction standards promulgated by the wastewater operator. (Ord. 413 § 9.02, 1993)

Article X. Substances Prohibited in System

13.12.440 Prohibited discharges.

It is unlawful to discharge or cause to be discharged any of the following described water or wastes in any public sewer, drain ditch or natural outlet:

A. Any liquid or vapor having a temperature of higher than one hundred fifty (150) degrees F;

B. Any water or waste which contains more than one hundred (100) parts per million by weight of fats, oils and greases;

C. Any water or waste which contains more than three hundred (300) parts per million by weight of BOD;

D. Any water or waste which contains more than three hundred (300) parts per million by weight of suspended solids;

E. Any gasoline, benzine, naphtha oil, or other flammable or explosive liquids, solids or gases;

F. Any garbage that has not been properly shredded as herein defined;

G. Any ashes, cinders, sand, mud, straw, hair, shavings, metal, glass, rags, feathers, tar, plastic, wood, manure, or any other solid or viscous substance capable of causing obstruction to the flow of sewers or other interference with the proper operation of the sewage works;

H. Any waters or wastes having a pH lower than 5.5 or higher than 8.5 or having any other corrosive property capable of causing damage or hazard to structures, equipment or personnel;

I. Any waters or wastes containing a toxic or poisonous substance in sufficient quantity, alone or in combination with other substances that may be present, to injure or interfere with any sewage treatment process, constitute a hazard to humans, other mammals, fish or fowl, or to create any hazard in the receiving waters of the sewage treatment plant;

J. Any noxious or malodorous gas or substance capable of creating a public nuisance;

K. Any substance which interferes with proper functioning of the town’s sewage collection, treatment and disposal facilities, or which results in the inability of said facilities to meet the effluent limitations established by DOE. (Ord. 413 § 10.01, 1993)

13.12.450 Preliminary treatment facilities.

A. Whenever preliminary treatment is necessary to reduce the BOD or suspended solids to three hundred (300) parts per million by weight, or to reduce the objectionable character or constituents to within the maximum limits prescribed by Section 13.12.440 of this article, such preliminary treatment shall be at the sole expense of the owner of the premises and shall be installed when the wastewater operator determines that the same is necessary to comply with the standards prescribed.

B. In such cases, all plans, specifications and other pertinent information relating to such proposed preliminary treatment facilities shall be submitted to the wastewater operator prior to commencement of construction, and no construction thereof shall be commenced until the wastewater operator’s approval is noted on the plan. In the event of such installations, they shall be maintained continuously in efficient operation by the owner at his/her own expense. (Ord. 413 § 10.02, 1993)

13.12.460 Grease interceptors.

A. No fats, greases, oils, sand, mud, or other settleable or floatable materials in amounts that interfere with the proper functioning of the town’s sewage collection, treatment and disposal facilities shall be discharged to any public sewer without the installation of interceptors of a type and capacity to be approved by the wastewater operator, and located so as to be readily accessible for cleaning and inspection.

B. Such interceptors shall be capable of reducing BOD, suspended solids, and fats, oils and greases to the levels specified in Section 13.12.440 of this article.

C. Such interceptors shall be maintained at the expense of the owner and shall be in continuously efficient operation at all time. (Ord. 413 § 10.03, 1993)

13.12.470 Industrial waste discharge.

A. Where any property served by a side sewer carries industrial waste, the owner or occupant shall install a control manhole in the side sewer to facilitate observation, sampling and measurement of the wastes when the same may be required by the wastewater operator. Such manhole shall be accessibly and safely located and shall be constructed and installed in accordance with plans approved prior to installation by the wastewater operator, and shall be maintained and installed by the owner or occupant at his/her sole expense.

B. The owner of any facilities discharging industrial waste to the town’s sewer system shall be solely responsible for compliance with all requirements of DOE for such discharge. (Ord. 413 § 10.04, 1993)

13.12.480 Acceptance of waste of unusual character.

The wastewater operator shall make recommendations to the council in regard to entering into any agreement whereby any waste of unusual character may be accepted by the town for treatment before passage into the public sewer, the payment for such treatment to be as established by the council. (Ord. 413 § 10.05, 1993)

Article XI. Restrictions on Trees and Shrubs

13.12.490 Restricted trees designated.

It is unlawful for any person to plant within thirty-five (35) feet of any public sewer any willow, poplar, cottonwood, soft maple, gum tree, or any other tree or shrub and whose roots are likely to enter and obstruct the flow of sewers. (Ord. 413 § 11.01, 1993)

13.12.500 Removal of trees and shrubs.

The wastewater operator is authorized to cause the removal of any trees and shrubs from any public area, or the roots of any trees and shrubs which extend into any public area when such trees and shrubs or the roots thereof are obstructing or are liable to obstruct any public sewer. (Ord. 413 § 11.02, 1993)

Article XII. Authority of Wastewater Operator

13.12.510 Right of entry.

The wastewater operator or his/her representatives, bearing proper credentials and identification, shall be permitted to enter upon all and any premises at all reasonable times for the purpose of inspection, observation, measurements, sampling and testing of sewers and sewage, and performing all other acts or duties required of him/her in accordance with the provisions of this chapter. (Ord. 413 § 12.01, 1993)

13.12.520 Promulgation authority.

The wastewater operator, on authority of the town council, may make rules and regulations and amend the same from time to time, as he/she shall deem necessary and convenient to carry out the intent of this chapter. (Ord. 413 § 12.02, 1993)

Article XIII. Licensing of Water/Sewer Contractors

13.12.530 License issuance.

A. As a condition precedent to the installation of side sewers or sewer line extensions, a contractor shall be licensed by the town as a licensed water/sewer contractor.

B. All contractors shall be licensed and bonded in accordance with the requirements of the state of Washington.

C. The wastewater operator and the water distribution manager shall review the applications of contractors wishing to perform work on side sewers, public sewers, town water services and water line extensions. If the requirements for licensing are met the town will furnish the contractor with a license and will include his/her name in a published list of licensed water/sewer contractors.

D. Contractors failing to meet the requirements of the town’s ordinances and standards shall not be included or shall be removed from the list of approved contractors. Subsequent approval will not be given until evidence is provided to indicate that the requirements of this chapter and standards have been met.

E. Licensing of a contractor by the town shall in no way relieve the contractor of his/her responsibility to perform work in accordance with all federal, state and local laws and regulations. (Ord. 413 § 13.01, 1993)

13.12.540 Surety bond.

The licensed water/sewer contractor applicant shall execute and deliver a surety bond of the amount set forth in the water/sewer construction standards in favor of the town, conditioned that he/she will perform all work in conformance with this chapter. (Ord. 413 § 13.02, 1993)

13.12.550 Liability insurance.

A. The licensed water/sewer contractor shall maintain a comprehensive liability insurance policy with minimum limits as set forth in the water/sewer construction standards.

B. The insurance policy or certificate of insurance in form satisfactory to the town must be filed in the office of the town. The licensed water/sewer contractor shall provide that the following hold harmless agreement shall be covered by insurance, subject to the minimum limits of liability specified above, and that evidence of the covering of his/her hold harmless agreement be furnished:

The contractor shall protect, indemnify, and save the Town of Winthrop harmless from and against any damage, cost, or liability for injury or death to persons or to damage or destruction of property arising out of the work performed by the contractor.

C. All insurance policies written by private insurance carriers shall be endorsed to provide that the policy shall not be canceled or reduced in coverage until after ten (10) days prior written notice, as evidenced by return receipt of registered letter, has been given to the town. (Ord. 413 § 13.03, 1993)

13.12.560 License cancellation.

If the licensed water/sewer contractor violates any provisions of this chapter, his/her license shall be withdrawn immediately by the wastewater operator and it shall be reissued only upon a review of the case by the town council. This cancellation of license shall not exempt the licensed water/sewer contractor from any other penalties provided elsewhere in this chapter. (Ord. 413 § 13.04, 1993)

Article XIV. Violation—Penalty

13.12.570 Violation—Penalty.

A. Notwithstanding any other section of this chapter to the contrary, any person who violates any provisions of this chapter shall be guilty of a civil infraction. Each day that such violation continues to exist shall be deemed a separate violation and subject to penalty as follows:

1. Any first violation shall be a civil infraction subject to a twenty-five dollar ($25.00) penalty.

2. Any second violation shall be a civil infraction subject to a fifty dollar ($50.00) penalty.

3. Any third or subsequent violation shall be a civil infraction subject to a five hundred dollar ($500.00) penalty.

B. In addition to the penalties set forth above, any person who shall violate any provisions of this chapter shall be liable to the town for any expense, loss, damage, cost of inspection or cost of correction incurred by the town by reason of such violation including, but not limited to any cost to the town incurred in collecting from such person such loss, damage, expense, cost of inspection or cost of correction. (Ord. 413 § 14.01, 1993)

13.12.580 Notice of violation.

Any person found to be violating any provision of this chapter shall be served by the town with written notice stating the nature of the violation and providing a reasonable time limit for the satisfactory correction thereof. The offender shall, within the period of time stated in such notice, permanently cease all violations and make all necessary corrections. (Ord. 413 § 14.02, 1993)

13.12.590 Continuance of violation—Additional penalties.

Any person who shall continue any violation beyond the time limit provided for in Section 13.12.580, shall in addition to the items of expense provided in Section 13.12.570, pay interest at twelve (12) percent per year from the date of the time limit provided in Section 13.12.570 plus all costs associated with the collection of such amounts, including but not limited to attorney’s fees and court costs. (Ord. 413 § 14.03, 1993)