Chapter 13.06
SANITARY SEWER SYSTEM

Sections:

Article I. General Provisions

13.06.040    Director’s right of entry.

Article II. Definitions

13.06.050    Definitions generally.

13.06.060    Abbreviations.

13.06.070    Act.

13.06.080    Applicable pretreatment standard or applicable standard.

13.06.090    Approval authority.

13.06.100    Authorized representative of the user.

13.06.110    BOD.

13.06.120    Building drain.

13.06.130    Categorical pretreatment standard or categorical standard.

13.06.140    Categorical user.

13.06.150    City.

13.06.160    Combined sewer.

13.06.170    Commercial unit.

13.06.180    Composite sample.

13.06.190    Day(s).

13.06.200    Director or PW Director.

13.06.210    Discharge – Direct, indirect.

13.06.220    Domestic wastewater.

13.06.230    Double plumbing dry side sewer.

13.06.240    Dry line sewer.

13.06.245    Equivalent residential unit.

13.06.250    Grab sample.

13.06.260    Health Officer.

13.06.270    Industrial process wastewater or process wastewater.

13.06.280    Interference.

13.06.290    Lateral or lateral sewer.

13.06.300    Local limits.

13.06.310    Lower explosive limit.

13.06.320    Medical waste.

13.06.330    National pretreatment standard.

13.06.340    Natural outlet.

13.06.350    New source – Existing source.

13.06.360    New user – Existing user.

13.06.370    Noncontact cooling water.

13.06.380    Nonstandard strength sewage.

13.06.390    NPDES.

13.06.400    On-site sewage disposal system.

13.06.410    Pass-through.

13.06.420    Person.

13.06.430    pH.

13.06.440    Pollutant.

13.06.450    POTW.

13.06.460    Pretreatment.

13.06.470    Pretreatment program.

13.06.480    Pretreatment requirements.

13.06.490    Pretreatment standard or standard.

13.06.500    Private pump station.

13.06.510    Private sewer.

13.06.520    Private storm sewer.

13.06.530    Prohibited discharge standards or prohibited discharges.

13.06.540    Public sewer.

13.06.550    Residential dwellings.

13.06.560    Sanitary sewage.

13.06.570    Sanitary sewer.

13.06.580    Sewage.

13.06.590    Sewer.

13.06.600    Sewer Standards Handbook.

13.06.610    Side sewer.

13.06.620    Side sewer stub.

13.06.630    Significant industrial user.

13.06.640    Slug load.

13.06.650    Special side sewer.

13.06.660    Standard strength sewage.

13.06.670    Storm water.

13.06.680    Storm sewer or storm drain.

13.06.690    Suspended solids.

13.06.700    System of sewerage.

13.06.710    Temporary sewer connections.

13.06.720    Total solids.

13.06.730    Twenty-four-hour flow proportional composite sample.

13.06.740    Upset.

13.06.750    User or industrial user.

13.06.760    Wastewater.

Article III. General Requirements

13.06.770    Mandatory sewer service – No rights created.

13.06.780    On-site sewage disposal systems – Policy to limit.

13.06.790    Proper connection of all premises.

13.06.800    Private sewer to serve only one parcel – Easements.

13.06.810    Multiple dwelling units – Owner-occupant duties.

13.06.820    Disorders on private premises – Prompt repair.

13.06.830    Nonstandard strength sewage – Special arrangements.

13.06.840    Duty imposed – Who is responsible.

13.06.850    Unlawful disposal of sewage.

13.06.860    Prohibited uses of sanitary sewer.

13.06.870    Use of storm sewers – Combined sewers – Natural outlets.

13.06.880    Prohibited uses – Public sewers.

13.06.890    Obstructing sewer prohibited.

13.06.900    Breaking structures – Appurtenance prohibited.

13.06.910    Unauthorized connection to public sewers.

Article IV. Pretreatment

Part One. General Pretreatment Provisions

13.06.920    Repealed.

13.06.930    Repealed.

13.06.940    Repealed.

13.06.950    Repealed.

13.06.960    Repealed.

13.06.970    Repealed.

13.06.980    Repealed.

13.06.990    Repealed.

13.06.1000    Repealed.

13.06.1010    Repealed.

13.06.1020    Repealed.

13.06.1030    Repealed.

13.06.1040    Repealed.

Part Two. Wastewater Discharge Permit

13.06.1050    Repealed.

13.06.1060    Repealed.

13.06.1070    Repealed.

13.06.1080    Repealed.

13.06.1090    Repealed.

13.06.1100    Repealed.

13.06.1110    Repealed.

13.06.1120    Repealed.

13.06.1130    Repealed.

13.06.1140    Repealed.

13.06.1150    Repealed.

13.06.1160    Repealed.

13.06.1170    Repealed.

13.06.1180    Repealed.

13.06.1190    Repealed.

Part Three. Wastewater from Other Jurisdictions

13.06.1200    Repealed.

Part Four. Reporting Requirements

13.06.1210    Repealed.

13.06.1220    Repealed.

13.06.1230    Repealed.

13.06.1240    Repealed.

13.06.1250    Repealed.

13.06.1260    Repealed.

13.06.1270    Repealed.

13.06.1280    Repealed.

13.06.1290    Repealed.

Part Five. Administrative Provisions

13.06.1300    Repealed.

13.06.1310    Repealed.

13.06.1320    Repealed.

13.06.1330    Repealed.

Article V. Grease Interceptors, Oil/Water Separators, Sand Traps

13.06.1340    Grease interceptors.

13.06.1350    Oil/water separators – Sand traps.

13.06.1360    Reserved.

13.06.1370    Grease interceptors, oil/water separators, sand traps – Maintenance.

Article VI. Sewer Construction

13.06.1380    Sewer installers.

13.06.1390    Inspections.

13.06.1400    Sewer connection permit required.

13.06.1410    Sewer ULID waiver agreement.

13.06.1420    Costs of installation and connection – Indemnity.

13.06.1430    Extensions – Risk.

13.06.1440    Eligibility for sewer connection permit.

13.06.1450    Permit required for each private sewer connection.

13.06.1460    Sewer construction regulations.

13.06.1470    Enforcement inspection.

13.06.1480    Excavation and cleaning.

13.06.1490    Construction plans.

Article VII. Special Connection Agreements

13.06.1500    Special connection agreements – Execution.

13.06.1510    Temporary sewer connections.

13.06.1520    Reimbursement for construction of public sewer.

Article VIII. (Reserved)

Article IX. Administrative Provisions

13.06.1525    Reduction of sewer capital development fee for low income housing.

13.06.1530    Rates and regulations.

13.06.1531    Rates and charges – Due date – Delinquency – Actions to be taken – Lien – Penalty.

13.06.1532    Application for service – Fee – Responsibility.

13.06.1533    Application of payments.

13.06.1534    Bad checks and bill collection fee.

13.06.1535    Bankruptcies.

13.06.1536    Adjustments for overbilling, underbilling.

13.06.1537    Collection agency.

13.06.1538    Liability for account transfer to another account.

13.06.1540    Payment – Delinquency – Lien.

13.06.1550    Persons and property subject to charges.

13.06.1560    Abatement of public nuisance.

13.06.1570    Suspension of service.

13.06.1580    Equipment – Projects – Minor expenditures.

13.06.1590    Responsibility for sewers – No duty.

13.06.1600    Penalty.

13.06.1610    Search warrants – Administrative, criminal.

    Code reviser’s note: See also Chapter 2.59 AHMC.

Article I. General Provisions

13.06.040 Director’s right of entry.

The Director shall have free access at proper hours to all buildings and premises served by the sewerage system for the purpose of inspecting pipes and fixtures, and the manner in which the provisions of this chapter are being complied with. (Ord. C-381, 1997)

Article II. Definitions1

13.06.050 Definitions generally.

These definitions apply to the entire chapter unless otherwise stated or clearly indicated from the context. (Ord. C-381, 1997)

13.06.060 Abbreviations.

The following abbreviations have the designated meanings:

AHMC

Airway Heights Municipal Code

BOD

biochemical oxygen demand

CFR

Code of Federal Regulations

COD

chemical oxygen demand

EPA

U.S. Environmental Protection Agency

ERU

equivalent residential unit

GFC

general facility charge

GPD

gallons per day

IU

industrial user

l

liter

LEL

lower explosive limit

Mg

milligrams

mg/l

milligrams per liter

NPDES

National Pollutant Discharge Elimination System

O&M

operations and maintenance

POTW

publicly owned treatment works

RCRA

Resource Conservation and Recovery Act

SCC

Spokane County Code

SCF

sewer connection fee

SIC

standard industrial classification

SIU

significant industrial user

SWDA

Solid Waste Disposal Act (42 USC 6901, et seq.)

TRC

technical review criteria

TSS

total suspended solids

ULID

utility local improvement district

USC

United States Code

(Ord. C-405, 1998; Ord. C-381, 1997)

13.06.070 Act.

The “Act” means the Federal Water Pollution Control Act, also known as the Clean Water Act, as amended (33 USC 1251, et seq.) (Ord. C-381, 1997)

13.06.080 Applicable pretreatment standard or applicable standard.

The “applicable pretreatment standard” or “applicable standard,” for any specified pollutant, is the most stringent of the standards reflected in:

A. The prohibited discharge standards, general or specific prohibitions (AHMC 13.06.930 and 13.06.940);

B. Local limits (AHMC 13.06.990 or imposed by the Director);

C. Applicable state standards; or

D. Categorical pretreatment standards (AHMC 13.06.970). (Ord. C-381, 1997)

13.06.090 Approval authority.

“Approval authority” means the Director of the Washington State Department of Ecology. (Ord. C-381, 1997)

13.06.100 Authorized representative of the user.

“Authorized representative of the user” means:

A. If the user is a corporation:

1. The president, secretary, treasurer, or a vice-president of the corporation in charge of a principal business function, or any other person who performs similar policy or decision making functions for the corporation; or

2. The manager of one or more manufacturing, production or operation facilities, if authority to sign documents has been assigned or delegated to the manager in accordance with corporate procedures.

B. If the user is a partnership or sole proprietorship, a general partner or proprietor, respectively.

C. If the user is a federal, state or local governmental facility, a director or highest official appointed or designated to oversee the operation and performance of the activities of the government facility, or his/her designee.

D. The individuals described in subsections (A) through (C) of this section may designate another authorized representative if the authorization is in writing, the authorization specifies the individual or position responsible for the overall operation of the facility from which the discharge originates or having overall responsibility for environmental matters for the company, and the written authorization is submitted to the Director. (Ord. C-381, 1997)

13.06.110 BOD.

“BOD,” denoting biochemical oxygen demand, is the quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory procedure in five days at 20 degrees centigrade, expressed in parts per million by weight or as a concentration (e.g., mg/l). (Ord. C-381, 1997)

13.06.120 Building drain.

“Building drain” is that part of the lower piping of a drainage system which receives the discharge from piping inside the walls of a structure or building to a point two feet outside the outer face of a structure, wall or foundation and conveys it to the sewer or an on-site sewage disposal system. (Ord. C-381, 1997)

13.06.130 Categorical pretreatment standard or categorical standard.

“Categorical pretreatment standard” or “categorical standard” means any regulation containing pollutant discharge limits promulgated by the EPA in accordance with Sections 307(b) and (c) of the Act (33 USC 1317) which apply to a specific category of users and which appear in 40 CFR Chapter I, Subchapter N, Parts 405 through 471. (Cross-references: AHMC 13.06.970 and 13.06.1180(A).) (Ord. C-381, 1997)

13.06.140 Categorical user.

“Categorical user” means a user subject to regulation under a categorical standard. (Cross-references: AHMC 13.06.1020 and 13.06.1080(F)(4).) (Ord. C-381, 1997)

13.06.150 City.

“City” means the City of Airway Heights. (Ord. C-381, 1997)

13.06.160 Combined sewer.

“Combined sewer” is a sewer which conveys any category of wastewater, as permitted by the Director, and performs the functions of both a sanitary and a storm sewer. (Ord. C-381, 1997)

13.06.170 Commercial unit.

“Commercial unit” is any commercial establishment not classified, or used, as a residential dwelling unit. (Ord. C-381, 1997)

13.06.180 Composite sample.

“Composite sample” means the sample resulting from the combination of individual wastewater samples taken at selected intervals based on an increment of either flow or time. (Ord. C-381, 1997)

13.06.190 Day(s).

“Day(s)” means working day(s) unless otherwise noted. (Ord. C-381, 1997)

13.06.200 Director or PW Director.

“Director” or “PW Director” means the Public Works Director for the City of Airway Heights, or his/her designee. (Cross-reference: AHMC 13.06.1310.) (Ord. C-571 § 3, 2004; Ord. C-381, 1997)

13.06.210 Discharge – Direct, indirect.

A. “Discharge” or “indirect discharge” are identical for purposes of this chapter. Unless otherwise apparent from the context, the term means a release of wastewater, sewage or effluent into the POTW. For purposes of Article IV of this chapter, the term does not include releases of wastewater defined as sanitary or domestic sewage in AHMC 13.06.220.

B. “Direct discharge” refers to any release of wastewater, sewage or effluent into the outside environment or natural outlet. (Ord. C-381, 1997)

13.06.220 Domestic wastewater.

“Domestic wastewater” is wastewater of similar volume or chemical composition which is typically generated by residential dwelling units. Such wastewater typically includes 0.2 pounds of BOD, and 0.17 pounds of TSS, per 100 gallons, all measured per capita, per day. The term is contrasted with “industrial process wastewater” or “process wastewater” described in AHMC 13.06.270, sometimes also referenced as “nondomestic wastewater,” and is also distinguished from other categories of wastewater identified in AHMC 13.06.760(A). (Ord. C-381, 1997)

13.06.230 Double plumbing dry side sewer.

“Double plumbing dry side sewer” is a sewer installed at the time of on-site sewage disposal system construction, which will connect the structure’s wastewater system to a public sewer when the public sewer becomes available. (Ord. C-381, 1997)

13.06.240 Dry line sewer.

“Dry line sewer” is a public or private sewer lateral that is intended for future use when authorized by the Director. (Ord. C-381, 1997)

13.06.245 Equivalent residential unit.

“Equivalent residential unit” is the unit used to calculate sewer consumption. One equivalent residential unit equals approximately 245 gallons of water consumed per day or as determined by the most recently adopted Comprehensive Sewer Plan of the City. (Ord. C-571 § 4, 2004; Ord. C-405, 1998)

13.06.250 Grab sample.

“Grab sample” means a sample which is taken from wastewater or a waste stream on a one-time basis without regard to the flow in the wastewater or waste stream and without consideration of time. (Ord. C-381, 1997)

13.06.260 Health Officer.

“Health Officer” means the Spokane County Health District Health Officer, or his/her designee. (Ord. C-381, 1997)

13.06.270 Industrial process wastewater or process wastewater.

A. “Industrial process wastewater” or “process wastewater” is that category of water-carried waste which, during a manufacturing or commercial processing activity, comes into direct contact with or results from the production or use of any raw material, intermediate product, finished product, by-product, or waste product. (Source: 40 CFR 401.11(q).) The term is contrasted with “domestic wastewater,” described in AHMC 13.06.220, and also distinguished from other categories of wastewater identified in AHMC 13.06.760.

B. The term includes two subcategories:

1. “Manufacturing process wastewater,” which is wastewater of a nature, concentration, or constituency traditionally originating from industrial or manufacturing customers. This generally includes sewage from one or more heavy industrial or manufacturing process sources or industrial cleanup procedures. It includes one process discharge or several commingled process discharges.

2. “Nonmanufacturing process wastewater,” which includes all other process wastewater. This generally includes wastewater from business, institutional or commercial customers which generate nondomestic wastewater components derived from a business or commercial process other than manufacturing or heavy industry. Examples of included sources are wastewater from commercial laundries, radiator shops and photo finishers, as well as wastewater from vehicles used for storage or transportation of wastewater, such as septic tank pumpers or haulers. (Ord. C-381, 1997)

13.06.280 Interference.

“Interference” means a discharge which, alone or in conjunction with a discharge or discharges from other sources:

A. Inhibits or disrupts the POTW, its treatment processes or operations, or its sludge processes, use or disposal;

B. Which causes or contributes to a violation of the city of Spokane’s NPDES permit or prevents sludge use or disposal in compliance with any of the following laws: Section 405 of the Clean Water Act; the Federal Solid Waste Disposal Act (SWDA), including Title II thereof, commonly referred to as the Federal Resource Recovery and Conservation Act (RCRA); any state regulations contained in any state sludge plan prepared pursuant to Subtitle D of the SWDA, the Federal Clean Air Act; the Federal Toxic Substances and Control Act; the Federal Marine Protection, Research, and Sanctuaries Act; or any more stringent state or local law; or

C. Which would be designated as or would cause POTW sludge to be designated as “dangerous waste” under Chapter 173-303 WAC (Washington State Dangerous Waste Regulations). (Ord. C-381, 1997)

13.06.290 Lateral or lateral sewer.

“Lateral” or “lateral sewer” is a sewer to which side or private sewers may be connected from adjacent or vicinity properties. The service area for a lateral is determined by the Director, based upon generally accepted engineering practices and subject to the practice of the Department of Public Works. (Ord. C-381, 1997)

13.06.300 Local limits.

“Local limits” are provided for in AHMC 13.06.990(B). They are specific to the city of Spokane’s POTW. (Ord. C-381, 1997)

13.06.310 Lower explosive limit.

“Lower explosive limit” is the lowest concentration of a gas-in-air mixture at which a gas can ignite. (Ord. C-381, 1997)

13.06.320 Medical waste.

See Chapter 14, Laws of the State of Washington, 1992 Regular Session. (Ord. C-381, 1997)

13.06.330 National pretreatment standard.

See AHMC 13.06.970. (Ord. C-381, 1997)

13.06.340 Natural outlet.

“Natural outlet” is any outlet into a watercourse, pond, ditch, lake or other body of surface water or ground water. It does not include connections to the City’s collection system, authorized on-site sewage or storm water disposal systems, or other authorized sewage disposal mechanisms or systems. (Ord. C-381, 1997)

13.06.350 New source – Existing source.

A. “New source” is any person who is or may be a categorical user who has commenced operations or construction of a building, structure, facility or installation after the date of publication of proposed categorical pretreatment standards under Section 307(c) of the Act, which standards will be applicable to such user if thereafter promulgated in accordance with Section 307(c); provided, that:

1. The building, structure, facility or installation is constructed as a site at which no other user is located;

2. The building, structure, facility or installation totally replaces the process or production equipment that causes the discharge of pollutants at an existing source; or

3. The production or wastewater generating processes of the building, structure, facility or installation are substantially independent of an existing source at the same site. In determining whether these are substantially independent factors, such as the extent to which the new facility is integrated with the existing plant, and the extent to which the new facility is engaged in the same general type of activity as the existing source should be considered.

B. For purposes of its definition, a person may be a categorical user where, because of the nature of its business or industrial activities, statements or other objective basis, said person appears to become a categorical user. The Director may identify persons subject to this provision.

C. Construction on a site at which an existing source is located results in a modification rather than a new source if the construction does not create a new building, structure, facility or installation meeting the criteria of subsection (A)(2) or (A)(3) of this section but otherwise alters, replaces or adds to existing process or production equipment.

D. Construction of a new source as defined under this section is commenced at the earliest time a person has:

1. Begun, or caused to begin as part of a continuous on-site construction program:

a. Any placement, assembly or installation of facilities or equipment;

b. Significant site preparation work, including clearing, excavation, or removal of existing buildings, structures or facilities which is necessary for the placement, assembly, or installation of new source facilities or equipment; or

2. Entered into a binding contractual obligation for the purchase of facilities or equipment which are intended to be used in its operation within a reasonable time. Options to purchase or contracts which can be terminated or modified without substantial loss, and contracts for feasibility, engineering, and design studies do not constitute a contractual obligation under this section.

E. “Existing source” means any categorical user other than a new source. This includes a person who becomes a categorical user subsequent to promulgation of an applicable categorical pretreatment standard, unless such user meets the entire definition of a “new source.” (Source: 4 CFR 403.3(k).) (Cross-reference: AHMC 13.06.350 (A).) (Ord. C-381, 1997)

13.06.360 New user – Existing user.

A. “New user” means a noncategorical user that applies for a City building permit or who newly occupies any premises and seeks to discharge wastewater into the City’s collection system after the effective date of the ordinance codified in this chapter or applicable amendments thereto, the same being 30 days after enactment. Any person that buys an existing premises already engaged in discharging industrial process wastewater as opposed to domestic wastewater will be considered an “existing user” if the Director determines no significant changes have been made in the user’s operations.

B. “Existing user” means a noncategorical user other than a new user. (Cross-reference: AHMC 13.06.630.) (Ord. C-381, 1997)

13.06.370 Noncontact cooling water.

“Noncontact cooling water” is that category of wastewater consisting of water used for cooling, generally in an industrial or manufacturing process, which does not come into direct contact with any raw material, intermediate product, waste product or finished product. The term excludes other categories of wastewater identified in AHMC 13.06.760(A). (Ord. C-381, 1997)

13.06.380 Nonstandard strength sewage.

“Nonstandard strength sewage” is wastewater accepted for discharge into the collection system but which does not meet the criteria for acceptance as standard strength sewage, whether because of special characteristics, special treatment requirements, special monitoring, or additional handling as a condition of acceptance. Specific criteria defining this class of wastewater are determined by the Director, in the exercise of sound discretion, considering the purposes set forth in this chapter, the public health, safety and welfare, and cost and expense of the collection system. The Director may further consider average concentrations of total suspended solids, BOD and phosphorus or other factors, and may include any wastewater determined by the Director to have any of the following characteristics:

A. Containing more than 300 milligrams per liter of total suspended solids (TSS);

B. Containing more than 300 milligrams per liter of biochemical oxygen demand (BOD); or

C. Any other nonstandard strength sewage, as defined by statute, ordinance, regulation, resolution, or by Director’s order. (Cross-references: AHMC 13.06.760(B), 13.06.830, 13.06.880(B).) (Ord. C-998 § 2, 2022; Ord. C-381, 1997)

13.06.390 NPDES.

“NPDES” refers to the National Pollutant Discharge Elimination System permit program administered by the Washington State Department of Ecology. (Ord. C-381, 1997)

13.06.400 On-site sewage disposal system.

“On-site sewage disposal system” is any system or combination of piping, treatment, or other facilities that stores, treats, and/or disposes of sewage and effluent on the property where it originates, or on adjacent or nearby property under the ownership of the user of the system or in which the user has a recorded interest for the purpose of maintaining the system on such other property. In general, these include, but are not limited to, septic tank disposal systems. (Ord. C-381, 1997)

13.06.410 Pass-through.

“Pass-through” means a discharge which exits the POTW into waters of the United States in quantities or concentrations which, alone or in conjunction with a discharge or discharges from other sources, is a cause of a violation of any requirement of the POTW’s NPDES permit (including an increase in the magnitude or duration of a violation). (Source: 40 CFR 403.3(n).) (Ord. C-381, 1997)

13.06.420 Person.

“Person” is an all inclusive reference to any individual or group, firm, association, partnership, political subdivision, government agency, municipality, industry, public or private corporation, or any other entity. (Ord. C-381, 1997)

13.06.430 pH.

“pH” is the negative logarithm of the hydrogen ion concentration. (Ord. C-381, 1997)

13.06.440 Pollutant.

“Pollutant” is any substance proscribed or limited with respect to its introduction into the City’s collection system by federal or state pretreatment regulatory requirements, or by requirements adopted pursuant to this chapter reflecting the City’s wastewater pretreatment program. (Ord. C-381, 1997)

13.06.450 POTW.

“POTW” means a treatment works as defined by Section 212 of the Act, which is owned by a state or municipality (as defined by Section 502(4) of the Act). This definition includes any devices and systems used in the storage, treatment, recycling and reclamation of municipal wastewater or industrial wastes of a liquid nature. It also includes public sewers, pipes and other conveyances only if they convey wastewater to a POTW treatment plant. The term may also refer to the municipality as defined in Section 502(4) of the Act, which has jurisdiction over the discharges to and from such a treatment works. For purposes of any enforcement work performed by the City under the city of Spokane authorization, the term includes the sewage collection system of the City as well as the city of Spokane. (Source: 40 CFR 403.3(o).) (Ord. C-381, 1997)

13.06.460 Pretreatment.

“Pretreatment” means the reduction of the amount of pollutants, the elimination of pollutants, or the alteration of the nature of pollutant properties in wastewater prior to or in lieu of discharging or otherwise introducing such pollutants into a POTW. The reduction or alteration may be obtained by physical, chemical or biological processes, process changes or by other means, except as prohibited by 40 CFR 403.6(d) and this chapter, including AHMC 13.06.930(F). (Source: 40 CFR 403.3(q).) (Ord. C-381, 1997)

13.06.470 Pretreatment program.

“Pretreatment program” or “wastewater pretreatment program” is that set of City requirements, principally embodied in these definitions and Article IV of this chapter, together with regulations, policies, orders and individual permit requirements, and applicable provisions of the Act and Title 40 CFR relating to pretreatment, monitoring, sampling and conditioning of wastewater prior to discharge into the POTW. (Ord. C-381, 1997)

13.06.480 Pretreatment requirements.

“Pretreatment requirements” means any substantive or procedural requirement related to pretreatment imposed on a user, other than a pretreatment standard. (Ord. C-381, 1997)

13.06.490 Pretreatment standard or standard.

A. “Pretreatment standard,” “national pretreatment standard” or “standard” means any regulation containing pollutant discharge limits, promulgated by the EPA in accordance with Section 307(b) and (c) of the Act, which applies to users. This term includes prohibited discharge limits established pursuant to 40 CFR 403.5, categorical pretreatment standards, and federal standards as identified in this chapter. (Source: 40 CFR 403.3(j).)

B. Sources of pretreatment standards include prohibited discharge standards, categorical pretreatment standards, and local limits, all as may be more specifically set forth in Article IV or in rules or regulations promulgated as a part of the City’s pretreatment program. (See AHMC 13.06.390.) (Cross-reference: AHMC 13.06.970.) (Ord. C-381, 1997)

13.06.500 Private pump station.

“Private pump station” is an appurtenance of a side sewer, private sewer, or on-site sewage disposal system which, alone or in conjunction with the side sewer or private sewer, conveys standard strength sewage or effluent by lifting or pumping to another sewer. (Ord. C-381, 1997)

13.06.510 Private sewer.

“Private sewer” is a sewer not owned or maintained by the City. (Ord. C-381, 1997)

13.06.520 Private storm sewer.

“Private storm sewer” is a storm sewer not owned or maintained by a public authority and connected to a public sewer or discharged into a natural outlet. (Ord. C-381, 1997)

13.06.530 Prohibited discharge standards or prohibited discharges.

“Prohibited discharge standards” or “prohibited discharges” means absolute prohibitions against the discharge of certain substances. For purposes of this chapter, these prohibitions appear in AHMC 13.06.930 and 13.06.940. (Ord. C-381, 1997)

13.06.540 Public sewer.

“Public sewer” is a sewer owned or controlled and maintained by a public authority. The term includes any publicly controlled and maintained sanitary or other, storm or combined sewers. It does not include side sewers, side sewer stubs after connection to the sewer collection system, or private sewers. (Cross-reference: AHMC 13.06.570.) (Ord. C-381, 1997)

13.06.550 Residential dwellings.

“Residential dwellings” are units that are considered as, but not limited to, single-family residences, duplexes, triplexes, hotels, motels, apartments, condominiums or mobile homes located on a single tax parcel. (Ord. C-381, 1997)

13.06.560 Sanitary sewage.

“Sanitary sewage” is redefined as “domestic wastewater” in AHMC 13.06.220. (Ord. C-381, 1997)

13.06.570 Sanitary sewer.

“Sanitary sewer” is a sewer which conveys sanitary sewage. Additionally, the term is also applied to any public sewer except a storm sewer. (Ord. C-381, 1997)

13.06.580 Sewage.

“Sewage” is a combination of the water-carried wastes from domestic, business, commercial, industrial, or manufacturing sources, including residences, business buildings, institutions, and industrial establishments. Sewage also includes surface water and storm water when discharged into a sewer. (Ord. C-381, 1997)

13.06.590 Sewer.

“Sewer” is a pipe, conduit, structure, or appurtenance for conveying sewage. These definitions further identify this term according to who owns or maintains the sewer: private sewer, private storm sewer, side sewer, or special side sewer, as opposed to public sewers. In general, public sewers are also subdivided according to what they convey: sanitary sewer, storm sewer, and combined sewer. The term “sewer” also includes any dry line sewer. (Ord. C-381, 1997)

13.06.600 Sewer Standards Handbook.

“Sewer Standards Handbook” refers to the Airway Heights Public Works Standards Manual which details proper controls for design, inspection and construction of sewer systems in conformance with this chapter. The standards may contain specifications relative to materials, design, construction, procedure, policy, inspection, backfilling and responsibilities in sewer installations. (Cross-reference: AHMC 13.06.1460.) (Ord. C-381, 1997)

13.06.610 Side sewer.

“Side sewer” is a sewer not directly controlled or maintained by a public authority, which begins two feet outside the outer face of a structure wall or foundation, conveying wastewater from the building(s) drain(s) to a public sewer or private sewer. The term “side sewer” also includes any double plumbing dry side sewer and temporary sewer connections. (Ord. C-381, 1997)

13.06.620 Side sewer stub.

“Side sewer stub” is that portion of a side sewer located between the public sewer line and a point near the property line of the premises to be served. After connection has been made to the premises, the side sewer stub shall become part of a side sewer and shall be maintained by the property owner to the point of entry into the public sewer. (Ord. C-381, 1997)

13.06.630 Significant industrial user.

“Significant industrial user” means:

A. All users subject to categorical pretreatment standards, also referenced as a “categorical user”;

B. Any other user, also referenced as a “noncategorical user,” that:

1. Discharges an average of 25,000 gallons per day or more of process wastewater to the POTW, excluding sanitary sewage, noncontact cooling water and boiler blowdown wastewater. As used here, “boiler blowdown wastewater” means specially treated water to render it suitable for use inside high pressure boilers,

2. Contributes process wastewater which makes up five percent or more of the average dry weather hydraulic or organic capacity of the POTW treatment plant, or

3. Is designed as such by the Director on the basis that the user has a reasonable potential for adversely affecting the POTW’s operation or for violating any pretreatment standard or requirement (in accordance with this chapter or 40 CFR 403.8(f)(6)), and

4. Any user so designated by this chapter, or by regulation or order of the Director, considering pollutant characteristics, the concentration or mass loading limits established by federal or state standards or by standards locally developed to address POTW or environmental conditions (Source: 40 CFR 403.3(t)); and/or

C. A user may be both a categorical and a noncategorical user, and shall comply with any respective provisions, as may apply. For purposes of definition, “categorical users” are further broken down into classifications of “new source” or “existing source,” as defined in AHMC 13.06.350. “Noncategorical users” are broken down into classifications of “new user” or “existing user” as defined in AHMC 13.06.360. (Source: 40 CFR 403.3(t).) (Ord. C-381, 1997)

13.06.640 Slug load.

“Slug load” means:

A. Any discharge at a flow rate or concentration which could cause a violation of the prohibited discharge standards in this chapter; or

B. Any discharge not of a routine, regular, or episodic nature, including but not limited to an accidental spill or a noncustomary batch discharge. (Ord. C-381, 1997)

13.06.650 Special side sewer.

“Special side sewer” is a side sewer connected to a lateral or other public or private sewer which is outside the normal service area of said sewer as determined by the Director. Unless otherwise indicated or required by the context, all side sewer requirements shall apply to special side sewers. (Ord. C-381, 1997)

13.06.660 Standard strength sewage.

“Standard strength sewage” is wastewater which complies with specifications designated by the Director, City resolution, or this chapter as not requiring special treatment, monitoring or additional handling prior to acceptance by the POTW, considering chemical, physical, and organic content, including but not limited to BOD, suspended solids and phosphorus. The definition of “standard strength sewage” may be adjusted by City resolution. (Cross-reference: AHMC 13.06.760(B).) (Ord. C-381, 1997)

13.06.670 Storm water.

“Storm water” is that category of wastewater consisting of flows occurring during or following any form of natural precipitation, and resulting from such precipitation, including snow melt. This includes but is not limited to flows discharged from roof, yard, footing, springs, pools and storm drains of any type. The term is distinguished from other categories of wastewater identified in AHMC 13.06.760(A). (Ord. C-381, 1997)

13.06.680 Storm sewer or storm drain.

“Storm sewer” or “storm drain” is a sewer which conveys storm water. (Ord. C-381, 1997)

13.06.690 Suspended solids.

“Suspended solids” means the total suspended matter that floats on the surface of or is suspended in water, wastewater, or other liquid, and which is removable by laboratory filtering. (Ord. C-381, 1997)

13.06.700 System of sewerage.

“System of sewerage” is the system of sewers, outfalls, works, plants and facilities for wastewater collection, treatment and disposal, or any and all such facilities of the City of Airway Heights or the city of Spokane used or dedicated to provide public sewer service. (Ord. C-381, 1997)

13.06.710 Temporary sewer connections.

“Temporary sewer connections” are sewer connections for structures such as temporary offices at a construction site. (Cross-reference: AHMC 13.06.1510.) (Ord. C-381, 1997)

13.06.720 Total solids.

“Total solids” are all matter that can be removed by total evaporation as contained in the Manual of Standard Methods, under total residue. (Ord. C-381, 1997)

13.06.730 Twenty-four-hour flow proportional composite sample.

“Twenty-four-hour flow proportional composite sample” is a composite sample, taken over a period of 24 hours, in which the size and numbers of the individual samples in the composite reflect the discharge rate at the time each individual sample is taken. (Ord. C-381, 1997)

13.06.740 Upset.

“Upset” means an exceptional incident in which there is unintentional and temporary noncompliance with categorical pretreatment standards because of factors beyond the reasonable control of the user. An upset does not include noncompliance to the extent caused by operational error, improperly designed treatment facilities, inadequate treatment facilities, lack of preventive maintenance, or careless or improper operation. (Ord. C-381, 1997)

13.06.750 User or industrial user.

A. “User” or “industrial user” means any person who is a source of discharge, also sometimes referenced as indirect discharge.

B. “Categorical user” and “noncategorical user” are subgroups within the definition of “significant industrial user” in AHMC 13.06.630. (40 CFR 403.3(b) and (h).) (Cross-references: AHMC 13.06.210, 13.06.250, 13.06.260.) (Ord. C-381, 1997)

13.06.760 Wastewater.

A. “Wastewater” includes anything released into the POTW and generally includes water-carried wastes from domestic, business, commercial, manufacturing or industrial sources. For purposes of reference, four categories of wastewater, based on its generic source, are identified in usage:

1. “Sanitary sewage,” defined in AHMC 13.06.560 as redefined under “domestic wastewater” in AHMC 13.06.220;

2. “Storm water,” defined in AHMC 13.06.670;

3. “Industrial process wastewater” or “process wastewater,” defined in AHMC 13.06.270;

4. “Noncontact cooling water,” defined in AHMC 13.06.370.

B. Additionally, “wastewater” is divided into two general classes for purposes of rates and treatment requirements:

1. “Standard strength sewage,” defined in AHMC 13.06.660; and

2. “Nonstandard strength sewage,” defined in AHMC 13.06.380.

C. “Domestic wastewater” is identified in AHMC 13.06.220. (Ord. C-381, 1997)

Article III. General Requirements

13.06.770 Mandatory sewer service – No rights created.

A. No wastewater, except storm water, shall be directly discharged into a natural outlet within the City. All wastewater, sewage, wastes and waters generated in the City, except storm water, must be discharged into the collection system of the City and the POTW of the city of Spokane and/or into authorized on-site sewage disposal systems. This obligation applies to the owner of the premises and to persons in possession, charge, or control of the premises where prohibited discharges either originate or occur. (Cross-reference: AHMC 13.06.840.)

B. This chapter shall not create rights for any individual or group to require construction of public sewers, connection thereto, or otherwise to receive sewer service from the City. The City reserves all rights to deny, limit, or curtail service. (Ord. C-381, 1997)

13.06.780 On-site sewage disposal systems – Policy to limit.

A. It is the policy and intent of the City, Spokane County, the city of Spokane, the Spokane County Health District and various other agencies of the state and federal governments that on-site sewage disposal be limited and discouraged, and, except where specifically authorized by permit regulations, prohibited in all areas and that all sewage be discharged into the collection system and into the POTW.

B. No on-site sewage disposal system requiring a permit from the Spokane County Health District may be constructed, altered, used or maintained without a written permit from the Health Officer certifying that it meets the requirements of the Health District. On-site sewage disposal systems must also meet the requirement of the Director and this chapter.

C. An on-site sewage disposal system is not permitted when:

1. Public sewer service is available, as defined in subsection (D) of this section;

2. For any premises occupied by a significant industrial user; or

3. The public health or safety would be adversely affected.

D. For purposes of this section, public sewer service is deemed “available” when determined by the Director and:

1. A street, highway, alley or easement in which a public sewer is located runs within any point 200 feet or less from the boundaries of the premises concerned and the Director determines that such connection is feasible; or

2. A street, highway, alley or easement in which a public sewer is located runs within a distance greater than 200 feet from the boundaries of the premises, the anticipated sewage flow from the premises is greater than 1,000 gallons per day and the Director determines that such connection is feasible.

E. Every owner, agent or occupant of any property constructing, using or maintaining an on-site sewage disposal system after public sewer service becomes available shall discontinue use of the on-site facility and connect to the collection system and the POTW, through the City’s collection system and in the manner specified in AHMC 13.06.790, upon the earlier of:

1. The time the on-site system fails, or requires a second pumping from the time sewer is made available, repair or replacement; or

2. Within one year after public sewer service became available. The Director may extend the one-year time frame for good cause. (Cross-reference: AHMC 13.06.790(A).)

F. “Public sewer,” as used in this section, means a sewer comprising part of the Airway Heights collection system and the Spokane sewerage system and not an interim public sewer.

G. No private sewer facility, septic tank, sump or the like shall be used or remain on any property if the property can be served by the City sewer, and any existing private sewer facility, septic tank, sump or the like shall be filled with soil, rock or other suitable material and abandoned by the owner or occupier of the property. The Clerk-Treasurer or his/her designee is authorized to issue a loan for the cost of the sewer connection fee for private commercial and residential sewer facilities over a period not to exceed 360 months plus a fixed interest rate of 2.5 percent per annum. A one-time charge of $15.00 shall be added to the aforementioned charges to cover administrative and clerical costs. City staff are hereby further authorized to limit said installment contracts to said general facility charge as approved by City Council resolution. The loan balance under such installment contracts shall be a lien upon the described property as provided in RCW 35.67.200, enforceable in accordance with RCW 35.67.220 through 35.67.280, and as an additional or concurrent method of enforcement, water service to the property may be terminated in accordance with RCW 35.67.290 until the delinquent payments have been paid. The loan balance including principal and interest and penalties, if any, shall be paid in full at the time of property ownership transfer. Upon full payment of the contract, the Clerk-Treasurer or his/her designee shall execute and mail to such property owner a release of any lien related to the installment contract. (Ord. C-777 § 1, 2012; Ord. C-571 § 5, 2004; Ord. C-423, 1999; Ord. C-399, 1998; Ord. C-381, 1997)

13.06.790 Proper connection of all premises.

A. No person shall use or occupy any building within the City, except a garage or storage building when used exclusively for those purposes, unless such building has sanitary toilet facilities connected to the City sewer system, provided the requirement to connect to the City sewer shall not apply if no City sewer line exists within 200 feet of the property. Connection to the City sewer shall be accomplished at the expense of the owner or occupier of the building.

B. Every owner, agent, or occupant of any structure or premises used for human occupancy, employment, recreation, or other purposes requiring sanitary facilities, or when the Director or Health Officer so orders, shall construct or cause to be constructed all necessary sanitary facilities and a proper and sufficient sewer for connection to the public sewer, in accord with Airway Heights requirements, unless specifically exempted therefrom in writing by the Director or Health Officer.

C. A separate and independent side sewer shall be provided for each parcel of land, except as authorized by the Director.

D. The side sewer provided shall connect said building, structure or property, and all toilets, commercial grease interceptors, oil/water separators, sand traps, pipes and fixtures therein used as a receptacle of or conductor of wastewater, to the public sewer. Except for existing commercial grease interceptors, oil/water separators and sand traps, all connections to drywells, cesspools, septic tanks or other on-site sewage disposal facilities shall be removed or bypassed, and said facilities shall be abandoned according to the Spokane County Health District and the City of Airway Heights regulations and/or standards. (Cross-reference: AHMC 13.06.1460.)

E. All excavations for building sewer installations shall be properly safeguarded with lights and barricades so that the same may not be a menace to public safety. All streets, sidewalks, alleys, parkways and other public property disturbed in the course of the work shall be restored in a manner satisfactory to the City.

F. Upon discovery of a violation of this section, a notice of noncompliance may be given to the owner, agent or person in possession, charge, or control of the premises and may allow up to 30 days for compliance; provided, a longer or shorter time may be set by the Director or Health Officer as may be deemed necessary to protect the public health and safety; provided further, in no event shall this extend the requirements of AHMC 13.06.780(E)(2). No notice is required prior to or as a condition of taking any enforcement action. (Ord. C-381, 1997)

13.06.800 Private sewer to serve only one parcel – Easements.

A. As an additional condition of allowing connection of a private sewer, the property owner may be required to execute and record at her/his expense an easement appurtenant to and for the benefit of premises crossed by a private sewer on a form supplied by the Director. Said easement shall be in a form approved by the City Attorney. It shall run with the land and allow perpetual access to said private sewer through all premises crossed. Grantors of property crossed by a private sewer shall mutually covenant to maintain said sewer for the use and enjoyment of all premises crossed or affected, as determined by the Director.

B. Said easement shall not be subject to revocation without the written approval of the Director. The City shall have no maintenance or repair obligations for said private sewer, and shall be held harmless from any liabilities or damages involving the private sewer. (Ord. C-381, 1997)

13.06.810 Multiple dwelling units – Owner-occupant duties.

A. Every owner, agent, and/or person in possession, charge, or control of any hotel, motel, mobile home park, condominium, apartment house, or other multiple dwelling unit arrangement shall furnish adequate means of disposing of wastewater originating from the premises, as are approved by the Director. This section is supplemental to authority which may be exercised by other City officials.

B. In cases of hotels, motels, mobile home parks, condominiums, apartment houses, other multiple dwelling unit arrangements, or any other areas the Director deems to require public sewer service, the Director may require multiple tenants or the property owners to appoint an agent or agents responsible and accountable to the City for making payment for public sewer service whenever multiple billings are deemed unreliable or inconvenient. Failure of an agent to discharge any duty imposed by this section shall not relieve any property owner, tenant, occupant, customer or any other person of any legal obligation imposed herein and the City reserves all rights and remedies at contract and law. (Ord. C-381, 1997)

13.06.820 Disorders on private premises – Prompt repair.

A. When any sewer, pipe, drain or on-site sewage disposal system located on private premises becomes obstructed, broken, out-of-order, or otherwise inoperative, the Health Officer or the Director shall, if the owner of such private facilities or his/her agent fails to correct the problem after two days’ notice to do so, and upon a determination that the public health and safety is or could be endangered thereby, cause such sewer to be removed, reconstructed, repaired, pumped, altered, or cleansed, as he may deem expedient, at the expense of the owner of such private facilities as aforesaid. No notice is necessary in cases of imminent danger to the public health and safety.

B. Said broken, obstructed, out-of-order, or otherwise inoperative sewers, pipes, or on-site sewage disposal systems are declared public nuisances which may be summarily abated at the sole expense of the premises owner and/or responsible persons, notwithstanding any other provision of this chapter. (Ord. C-381, 1997)

13.06.830 Nonstandard strength sewage – Special arrangements.

A. Nonstandard strength sewage shall be made to conform to standard strength sewage, consistent with the requirements of this chapter prior to discharge into the collection system and the POTW, at the generator or source’s sole expense and liability.

B. The Director may, however, by special agreement or arrangement, accept nonstandard strength sewage, subject to additional charges and terms as the Director deems appropriate. (Ord. C-381, 1997)

13.06.840 Duty imposed – Who is responsible.

A. Whenever this chapter imposes a duty on any identified person, party, or permit holder, said duty or obligation is imposed on said person, party or permit holder’s successors in interest, in addition, but not by way of limitation.

B. When this chapter imposes a duty or prohibition upon a customer, user, or other responsible party, said duty or prohibition applies in addition, and not by way of limitation, upon the owner of the realty upon which the wastewater source is located and upon all executive officers, managing agents and other persons in charge of the industrial or other facility generating the discharge. (Ord. C-381, 1997)

13.06.850 Unlawful disposal of sewage.

A. Except as authorized by this chapter, no person may dispose of sewage, water-carried wastes or polluted waters.

B. Sanitary sewage shall be disposed of only into sanitary or combined sewer, with proper payment of all fees or charges therefor, or to an authorized on-site sewage disposal system.

C. Industrial process wastewater and noncontact cooling water shall be disposed of only into a sanitary or combined sewer, or other sewer or place approved by the Director, with proper payment of all fees or charges therefor. (Cross-reference: AHMC 13.06.1600.) (Ord. C-381, 1997)

13.06.860 Prohibited uses of sanitary sewer.

A. No person may discharge or cause to be discharged any storm sewage or storm water into a sanitary sewer. (Cross-reference: AHMC 13.06.1600.)

B. It is unlawful to pump out sewage containers into a sanitary sewer. (Ord. C-381, 1997)

13.06.870 Use of storm sewers – Combined sewers – Natural outlets.

Except as hereafter provided, no person may discharge or cause to be discharged any wastewater, except storm waters, into a storm sewer. Additionally, notwithstanding the foregoing, noncontact cooling water or other wastewater (some unpolluted industrial process wastewater) may be discharged upon approval of the Director and the Eastern Regional Office of the Department of Ecology to a storm sewer, combined sewer, or natural outlet. Any such discharges shall not cross over a public walk or way. (Cross-reference: AHMC 13.06.1600.) (Ord. C-571 § 6, 2004; Ord. C-381, 1997)

13.06.880 Prohibited uses – Public sewers.

Absolute prohibited uses of a public sewer are set forth in AHMC 13.06.930 and 13.06.940. In addition to these requirements, no person shall directly or indirectly discharge or suffer or permit a discharge into any public sewer any of the following without previous written authorization from the Director and payment of all required fees and charges therefor:

A. The contents of any tank or container owned or used by any person in the business of pumping, collecting, transporting or receiving sewage, effluent, seepage, or other waste substances unless said person obtained prior testing and written consent, as required by the Director, and paid all fees assessed for such discharge; or

B. Any nonstandard strength sewage. (Cross-references: AHMC 13.06.380 and 13.06.1600.) (Ord. C-381, 1997)

13.06.890 Obstructing sewer prohibited.

No person may deposit any garbage, rubbish, dead animal or substance having a tendency to obstruct the flow of the sewer, access portal, manhole, lamphole, flush tank or sewer opening. (Cross-reference: AHMC 13.06.1600.) (Ord. C-381, 1997)

13.06.900 Breaking structures – Appurtenance prohibited.

No person may break, damage, destroy, uncover, deface or tamper with any structure, appurtenance or equipment which is part of the wastewater collection system, including, but not limited to, any portal, manhole, lamphole, catch basin, pump station, power source, supporting structures or substrate, or any part whatsoever of a public sewer. (Cross-reference: AHMC 13.06.1600.) (Ord. C-381, 1997)

13.06.910 Unauthorized connection to public sewers.

No unauthorized person may uncover, make any connection with, open into, use, alter, damage, or disturb any public sewer or appurtenance thereof without first obtaining written permission from the Director, obtaining permits as required by this chapter, and paying fees therefor. (Cross-reference: AHMC 13.06.1600.) (Ord. C-381, 1997)

Article IV. Pretreatment

Part One. General Pretreatment Provisions

13.06.920 Objectives – Application.

Repealed by Ord. C-794. (Ord. C-381, 1997)

13.06.930 Prohibited discharge standards – General prohibitions.

Repealed by Ord. C-794. (Ord. C-381, 1997)

13.06.940 Prohibited discharge standards – Specific prohibitions.

Repealed by Ord. C-794. (Ord. C-381, 1997)

13.06.950 Prohibited discharge standards – Prevention – To whom apply.

Repealed by Ord. C-794. (Ord. C-381, 1997)

13.06.960 Prohibited discharge standards – Affirmative defenses.

Repealed by Ord. C-794. (Ord. C-381, 1997)

13.06.970 Categorical pretreatment standards.

Repealed by Ord. C-794. (Ord. C-381, 1997)

13.06.980 Applicable pretreatment standards violations – Upset affirmative defense.

Repealed by Ord. C-794. (Ord. C-381, 1997)

13.06.990 Local limits.

Repealed by Ord. C-794. (Ord. C-381, 1997)

13.06.1000 Level of compliance effort – Unreasonable burden.

Repealed by Ord. C-794. (Ord. C-381, 1997)

13.06.1010 Construction of pretreatment facilities.

Repealed by Ord. C-794. (Ord. C-381, 1997)

13.06.1020 Side sewer manhole.

Repealed by Ord. C-794. (Ord. C-381, 1997)

13.06.1030 Self monitoring – City inspections.

Repealed by Ord. C-794. (Ord. C-381, 1997)

13.06.1040 Sampling and analysis.

Repealed by Ord. C-794. (Ord. C-381, 1997)

Part Two. Wastewater Discharge Permit

13.06.1050 Wastewater discharge permit required.

Repealed by Ord. C-794. (Ord. C-381, 1997)

13.06.1060 Times to apply – New permits – Renewals.

Repealed by Ord. C-794. (Ord. C-381, 1997)

13.06.1070 Compliance deadlines.

Repealed by Ord. C-794. (Ord. C-381, 1997)

13.06.1080 Contents of application.

Repealed by Ord. C-794. (Ord. C-381, 1997)

13.06.1090 Confidentiality.

Repealed by Ord. C-794. (Ord. C-381, 1997)

13.06.1100 Signing the permit application – Reports – Other.

Repealed by Ord. C-794. (Ord. C-381, 1997)

13.06.1110 Decision on permit application.

Repealed by Ord. C-794. (Ord. C-381, 1997)

13.06.1120 Permit terms required.

Repealed by Ord. C-794. (Ord. C-381, 1997)

13.06.1130 Permittee obligations.

Repealed by Ord. C-794. (Ord. C-381, 1997)

13.06.1140 Slugload – Accidental discharge control plan.

Repealed by Ord. C-794. (Ord. C-381, 1997)

13.06.1150 Permit performance security.

Repealed by Ord. C-794. (Ord. C-381, 1997)

13.06.1160 Permit transfer.

Repealed by Ord. C-794. (Ord. C-381, 1997)

13.06.1170 Permit modification.

Repealed by Ord. C-794. (Ord. C-381, 1997)

13.06.1180 Permit revocation.

Repealed by Ord. C-794. (Ord. C-381, 1997)

13.06.1190 Appeals.

Repealed by Ord. C-794. (Ord. C-381, 1997)

Part Three. Wastewater from Other Jurisdictions

13.06.1200 Wastewater from other jurisdictions – Interlocal agreements.

Repealed by Ord. C-794. (Ord. C-381, 1997)

Part Four. Reporting Requirements

13.06.1210 Baseline monitoring report.

Repealed by Ord. C-794. (Ord. C-381, 1997)

13.06.1220 Compliance schedules – Progress reports.

Repealed by Ord. C-794. (Ord. C-381, 1997)

13.06.1230 Ninety-day compliance report – Applicable pretreatment standards.

Repealed by Ord. C-794. (Ord. C-381, 1997)

13.06.1240 Semiannual continuing reports.

Repealed by Ord. C-794. (Ord. C-381, 1997)

13.06.1250 Changed conditions report.

Repealed by Ord. C-794. (Ord. C-381, 1997)

13.06.1260 Slugload, upset, prohibited discharge reports and notices.

Repealed by Ord. C-794. (Ord. C-381, 1997)

13.06.1270 Sample violation report.

Repealed by Ord. C-794. (Ord. C-381, 1997)

13.06.1280 Dangerous waste notification.

Repealed by Ord. C-794. (Ord. C-381, 1997)

13.06.1290 Bypass notification.

Repealed by Ord. C-794. (Ord. C-381, 1997)

Part Five. Administrative Provisions

13.06.1300 Retention of records.

Repealed by Ord. C-794. (Ord. C-381, 1997)

13.06.1310 Director’s authority.

Repealed by Ord. C-794. (Ord. C-381, 1997)

13.06.1320 Enforcement remedies.

Repealed by Ord. C-794. (Ord. C-381, 1997)

13.06.1330 Publication of violators list.

Repealed by Ord. C-794. (Ord. C-381, 1997)

Article V. Grease Interceptors, Oil/Water Separators, Sand Traps

13.06.1340 Grease interceptors.

Any commercial food facility which generates grease waste shall include a grease interceptor as part of their sewer, or where required by the Director, the division of building and planning, or the Health Officer, including but not limited to hotels, boardinghouses, restaurants, or food processing facilities. Grease interceptors may be located inside or outside the structure. Design and construction specifications are included in the Sewer Standards Handbook. Design and operation shall satisfy the limits contained in AHMC 13.06.990. (Cross-reference: AHMC 13.06.1460.) (Ord. C-381, 1997)

13.06.1350 Oil/water separators – Sand traps.

Any commercial facility which discharges petroleum and/or settleable granular particle wastes shall include an oil/water separator and sand trap as part of their sewer system, or where required by the Director, the division of building and planning, or the Health Officer. Such commercial facilities include, but are not limited to, car washes, automotive repair/maintenance facilities, and petroleum stations. Design and construction specifications are included in the Sewer Standards Handbook. Design and operation shall satisfy the limits contained in AHMC 13.06.990. (Cross-reference: AHMC 13.06.1530.) (Ord. C-381, 1997)

13.06.1360 Reserved.

See AHMC 13.06.1460. (Ord. C-381, 1997)

13.06.1370 Grease interceptors, oil/water separators, sand traps – Maintenance.

Where installed, all grease interceptors, oil/water separators, and sand traps shall be maintained by the owner, at his/her expense and liability, in good order and condition at all times. Existing outside grease interceptors connecting to public sewer shall be pumped and inspected by a licensed septic tank pumper prior to connection to the public sewer. If the grease interceptor fails the inspection as not being up to county standards, such grease interceptor will have to be repaired or replaced. All grease interceptors shall be inspected every six months and pumped as needed by a licensed septic tank pumper; there shall be a minimum of one pumping per year. Upon request from the Director, the owner shall provide receipts of inspections and/or pumping. The owner shall keep all receipts for a one-year period. If proper inspection and/or maintenance is not provided, the Director may order the same performed, and all costs incurred, including any related clean-up of the public sewer shall be billed as an additional utility service to the premises concerned. Expenses charged shall include, but are not limited to, pumping, inspection, correcting the problem and cleaning the public sewer. (Ord. C-381, 1997)

Article VI. Sewer Construction*

*    (Cross-reference: AHMC 13.06.910.)

13.06.1380 Sewer installers.

Construction of sewers shall only be performed by state of Washington licensed and bonded contractors or by the owner of the property that is to be served by the sewer. Owner installation may be subject to the Director’s approval. (Ord. C-381, 1997)

13.06.1390 Inspections.

A. All public and private sewer construction, repairs, alterations, extensions and abandonment shall be inspected by the Director.

1. One working day’s notice is required for scheduling inspections of sewer installation. Same-day sewer inspection requests shall be dependent upon time allotments and inspector availability. The Director reserves the right to set the sewer inspection times.

2. Requests to have inspections occur before or after normal work hours or on weekends or holidays are subject to the approval of the Director. An extra fee shall be assessed by the Director to cover weekend or holiday inspections and shall be received by the City no later than the preceding workday to the weekend/holiday inspection. (Cross-reference: AHMC 13.06.1530(C).)

3. All costs incurred to remedy noncompliance shall be borne entirely by the owner and/or the owner’s contractor. A copy of sewer connection permit shall be available at the job site and readily accessible to the inspector.

4. All sewers subject to inspection must be inspected and found satisfactory before any trench may be backfilled or any sewer covered unless adequate length and in good condition on the job or a sloping trench so that the inspector can enter the trench. If the inspector deems a trench unsafe, he/she need not enter it or complete the inspection. All requirements of the Washington State Department of Labor and Industries shall be observed at all times by the installer.

5. Call back inspection fees may be assessed to the installer for:

a. Re-inspections due to violations of this chapter or incorrect installations;

b. Partial inspections; or

c. Not being ready at scheduled time (if installer did not call to cancel or reschedule at least one-half hour in advance). (Cross-reference: AHMC 13.06.1530.)

B. The Health Officer will permit or inspect on-site sewage disposal systems as defined in Spokane County Health District rules and regulations for sewage disposal systems. (Ord. C-381, 1997)

13.06.1400 Sewer connection permit required.

A. A sewer connection permit as authorized by the Director and issued by the Division of Building and Planning is required in order to construct, repair, alter, extend or abandon any side sewer.

B. For a single-family residential unit, one permit is required for each separate ownership building connecting to the sewer.

C. For a condominium, townhouse, duplex, triplex or fourplex with separate ownership (as determined by lot lines), separate address and separate stub, one permit is required per address per stub.

D. For a single building duplex, triplex or fourplex with single ownership, one permit is required.

E. For multiple buildings (apartments, industrial complexes) with single ownership, one permit is required per building connecting to the sewer.

F. Sewer connection permit requirements not specifically covered above shall be as determined by the Director. (Ord. C-381, 1997)

13.06.1410 Sewer ULID waiver agreement.

A. Where an owner of property seeks to connect to the POTW, and the Director determines either that lateral service is unavailable or that public sewer service is being provided on an interim basis, such owner shall obtain from the Director, as a condition of connection, a sewer waiver agreement for a utility local improvement district (ULID) sewer assessment. Said agreement shall provide that the signatory:

1. Waives the right to protest the establishment of any ULID for the installation of a public sewer which may be proposed; and

2. Joins in said ULID petition creating said district.

B. The owner shall record and pay all filing fees required for the recording of the sewer waiver agreement with the County Auditor. (Ord. C-381, 1997)

13.06.1420 Costs of installation and connection – Indemnity.

A. All costs incident to the installation and connection of a side sewer, special side sewer or private sewer shall be paid by the owner.

B. The owner and/or state of Washington licensed and bonded contractor performing sewer installation and connection shall indemnify the City from any loss, liability, or damage that may directly or indirectly be occasioned by the installation of the owner’s side sewer, dry side sewer, special side sewer or private sewer, and shall be responsible to repair and restore any defects or problems in the vicinity of said construction. Responsibility includes but is not limited to damage done in or to the public right-of-way. (Ord. C-381, 1997)

13.06.1430 Extensions – Risk.

In cases of extension, construction or reconstruction of all or any portion of a side sewer, the owner and/or his/her state of Washington licensed and bonded contractor is responsible for the proper functioning of the entire side sewer including the sewer stub, and shall indemnify and hold harmless the City for any cost, expense, loss, liability or damage caused by any malfunction of said side sewer. This section also applies to special side sewers and private sewers. (Ord. C-381, 1997)

13.06.1440 Eligibility for sewer connection permit.

A. A sewer connection permit will be issued only to current Washington State licensed and bonded contractors, the owner of property to be served by the sewer, or the owner’s authorized agent (who shall not be the licensed contractor) in the owner’s name. Such owner may be required to furnish reasonable proof of ownership. The Director has the authority to determine any other eligibility.

B. The applicant must apply for a sewer connection permit on a form provided by the division of building and planning, pay the prescribed fee(s) and be issued a permit as authorized by the Director prior to any construction on the project, whether on private property or within public rights-of-way or easements.

C. Property owners or first time contractors who intend to perform work requiring a sewer connection permit shall first contact the division of utilities for information regarding construction regulations and standards. The Director must sign the application form in order for the applicant to be issued the sewer connection permit.

D. If the work to be done under the sewer connection permit requires the excavation or obstruction of the public right-of-way, the applicant shall be responsible to obtain a permit to perform work in the City right-of-way from the Public Works Department.

E. Except as specifically authorized by the Director, sewer connection permits will not be issued until the public sewer system serving the premises has been accepted for operation by the Director. In some cases, connection agreements, fees or engineered plans approved by the division of utilities may be required before the Director will authorize issuance of the sewer connection permit.

F. All sewer connection permits shall expire six months from date of issuance. (Ord. C-381, 1997)

13.06.1450 Permit required for each private sewer connection.

Each extension of a private sewer to a residence, structure or property shall require a separate sewer connection permit in accordance with AHMC 13.06.1400. (Cross-references: AHMC 13.06.1120 and 13.06.1440.) (Ord. C-381, 1997)

13.06.1460 Sewer construction regulations.

A. The Director is authorized to prepare, revise and administer standards, as established by resolution by the City Council, describing property controls for design, inspection and construction of sewer systems in conformance with this chapter and to ensure that the health, safety and welfare of the public are protected. The standards shall be printed in manual form as a portion of the “Airway Heights Public Works Standards Manual” (referred to as the “Sewer Standards Handbook,” see AHMC 13.06.600) in accordance with and shall be considered part of this chapter.

B. The Sewer Standards Handbook may contain specifications relative to materials, design, construction, procedure, policy, inspection, backfilling and responsibilities in sewer installations.

C. The permissibility of specific situations not fully covered in this chapter or the Sewer Standards Handbook will be determined by the Director at the time of occurrence in accordance with the spirit and purpose of the code.

D. The Director may issue a cease and desist order against sewer construction in City’s sewer service area by any person who fails to comply with any provision of this chapter related to sewer construction. Any such violation or instance of noncompliance may result in said violator(s) appearance at an administrative hearing before the Director to determine the facts for possible issuance of a cease and desist order and its duration. The result of any administrative hearing shall not preclude the City from pursuing additional legal action in accordance with Article IX of this chapter. (Ord. C-381, 1997)

13.06.1470 Enforcement inspection.

A. Authorized personnel of the Health Officer or the Public Works Department or building and planning shall have the right to enter upon any premises, public or private, as reasonably necessary to enforce the provisions of this chapter, any other ordinance relative to wastewater control, or any regulation or order adopted or issued pursuant thereto.

B. The owner or occupant of any house, building, or property shall specifically allow the Health Officer or Director to inspect on-site the nature of wastes intended to be discharged into a public sewer and/or on-site sewage disposal system.

C. In the event it appears there is any violation, the City may, in addition to any other power or authority reserved in this chapter, issue a notice of violation, requiring the party to whom the notice is directed to correct the violation within 30 days of the date of the notice. Failure to take such corrective action is an additional violation of this chapter, but no notice is necessary in case of emergency or as a prior requirement to taking any other enforcement action authorized in this chapter. (Ord. C-381, 1997)

13.06.1480 Excavation and cleaning.

A. Any expenses incurred by the City for excavation, cleaning or inspecting a sewer, as a result of a discharge prohibited by this chapter or improper maintenance or repair of a sewer, shall be the responsibility of the property owner, agent, occupant or other requesting party, jointly and severally, unless the Director determines the problem was caused by a public sewer.

B. All expense and liability for loss or damage for cleaning, repairing and maintenance of a side sewer or a private sewer from the building drain to the public sewer shall be the responsibility of the property owner, agent, occupant or other requesting party, jointly and severally. (Ord. C-381, 1997)

13.06.1490 Construction plans.

A. The Director shall require sewer construction plans designed by a professional engineer to be submitted for review and approval, including, but not limited to, larger new and existing commercial sewer connections, public sewers, plats, developments, pressure sewers including pump specifications, private sewers, or any other sewer construction the Director deems necessary. In any case where a plan is required to be submitted to the Public Works Department, an “as-built” plan must be submitted within 30 days after the completion of sewer construction for review and approval. Extensions may be granted by the Director.

B. Changes to approved plans must have the prior written approval of the Director and/or be resubmitted for review and approval before starting any work. The Director may stop any work upon determining that the work is not being performed according to the approved plans, and may direct corrections of such work to comply with the approved plans and specifications, and this chapter.

C. In any case where a plan is required, no work shall begin without an approved plan (stamped “FOR CONSTRUCTION”) and a set of the approved plans shall be on the job site and readily accessible to the inspector. (Ord. C-571 § 7, 2004; Ord. C-381, 1997)

Article VII. Special Connection Agreements

13.06.1500 Special connection agreements – Execution.

Whenever connection to the City’s public sewer requires a written agreement, the Director is authorized to submit the same for approval to the City Council under the authority of this chapter. (Ord. C-381, 1997)

13.06.1510 Temporary sewer connections.

A. A sewer connection permit may be issued for temporary sewer connections only for the connection of temporary structures as approved by the Director. Temporary sewer connections shall be for a period of no more than two years, or as otherwise approved by the Director based on specific project conditions.

B. All temporary connections shall comply with the requirements contained in Articles VI and VII of this chapter, except as noted below:

1. A sewer connection permit, designating the connection as temporary, is required for all temporary connections.

2. The City shall bill the owner for the monthly O&M fees and related charges.

C. After two years, the connection shall be deemed permanent unless an extension is requested and approved by the Director. Once deemed permanent, the sewer connection permit will be amended to designate the connection as permanent and the current connection charges shall be due. (Ord. C-381, 1997)

13.06.1520 Reimbursement for construction of public sewer.

A. If a property owner or developer is required by the Director to construct or finance a public sewer extension with capacity in excess of that required by law to serve said property or development (pipe 12 inches or greater or in excess of 200 feet beyond the property served), the developer connection agreement may, at the discretion of the Director, provide for reimbursement and interest to the developer or owner for the value of such excess capacity.

1. Reimbursement for excess capacity may be accomplished, at the discretion of the Director, utilizing one or any combination of the reimbursement alternatives detailed below:

a. An offset to special connection charges of facilities served;

b. Reimbursement from ULID bonds, if the bonds are issued within 10 years of connection of the property and are for a ULID that includes the subject property and incorporates the public sewer as part of the ULID improvements; and the developer or owner waives objection to and agrees to formation of a City ULID that includes the property;

c. If the public sewer extension includes City general facilities, the Director may credit the value of any excess capacity provided in such general facilities against the owner or developer’s obligation to pay in such general facilities against the owner or developer’s obligation to pay SCFs or similar capital facilities charges imposed by City ordinance or resolution. Excess capacity will be determined by the difference between the cost of construction of the minimum required line for that development and the costs of construction for the oversized line. The service area will be established by the City as the boundary within which reimbursement will apply;

d. Through latecomer reimbursement pursuant to Chapter 35.91 RCW; and/or

e. Reimbursement of special connection charges for new connections to a developer constructed sewer. In the event the City collects a special connection charge for a property connecting to developer constructed public sewer.

2. Interest. An owner or developer may receive interest on reimbursements at the discretion of the Director. The interest rate shall be the Construction Cost Index as listed in the Engineering News record publication for the Seattle regional area and adjusted annually on February 1st using the January 1st Construction Cost Index.

3. In the event a combination of the above reimbursements are allowed, total reimbursement shall not exceed a predetermined credit amount plus interest.

B. The term of reimbursement, including interest, shall be no longer than 10 years. (Ord. C-381, 1997)

Article VIII. (Reserved)

Article IX. Administrative Provisions

13.06.1525 Reduction of sewer capital development fee for low income housing.

A. To promote and support affordable housing in the City, the sewer capital development fee as established by AHMC 13.04.141 through resolution of the City Council may be paid over time as set forth in this section.

B. Definitions. The following definitions shall apply to the administration of this section:

1. “Low income” means a single person, family, or unrelated persons living together whose adjusted income is defined in AHMC 13.14.050(F).

The definition of “low income” set forth above shall, without further action of the Council, be automatically amended to conform with AHMC 13.14.050(F).

2. “Private or public nonprofit organizations” means nonprofit corporations, municipal corporations, and other organizations established for the charitable purpose of providing low-income or affordable housing, recognized under the United States Internal Revenue Code as qualified recipients of tax deductible charitable contributions, including but not limited to organizations having received approval from the Internal Revenue Service of such status upon the filing of all forms as required for recognition as a 501(c)(3) corporation. For an entity to qualify as a private or public nonprofit organization under the provisions of this section, upon making a written request for deferral, the entity shall provide sufficient proof of such status, including such documentation as the City Manager may deem necessary. For purposes of this section, municipal public housing authorities established pursuant to Washington law shall be considered public nonprofit organizations.

C. Payment of Capital Development Fee – Qualified Persons. Subject to subsection (F) of this section and upon the approval of the City Manager, a property owner may through agreement pay the sewer capital development fee (connection charge) over a 15-year period (“deferred fee payment”), provided: (1) the sewer service is connected to single-family or multifamily residences owned by an individual, private or public nonprofit organization and (2) such unit(s) contains persons who are low-income individuals or families. To qualify for such deferral, deferral requests shall be made in writing to the City Manager.

The deferred fee payment shall only relate to the proportionate amount of the project that is low-income; for example, if the project is 50 percent low-income housing, then the fee deferral is determined as follows: 50 percent of the sewer capital development fee multiplied by 50 percent deferred for a 15-year period.

D. Reporting and Entry. The property owner shall be responsible to report annually on the use and occupancy of the building, including but not limited to, the number of units containing low income individuals, the rent paid by such individuals, compliance with and reporting to federal or state governmental authorities concerning the provision of low income housing and such other matters reasonably required by the City. The City Manager may establish the annual reporting date and develop forms for the purpose of implementing this reporting requirement. A failure to submit the annual report shall constitute a default under this program entitling the City to either issue a notice of infraction or pursue other remedies at law. To verify compliance under this section, the property owner (and tenants) upon 48 hours’ written notice, consent to the City entering the premises to inspect units, books and records.

E. Recording and Notice. All agreements shall be recorded as a real property lien payable over 15 years with such amount being a receivable in the applicable utility fund records until such time as the terms of the waiver have been satisfied. Notice delivered to the property owner of any action taken under this section shall be delivered by the property owner to the tenants and other parties of interest.

F. Release and Repayment. Upon payment of the sewer development fee the same shall be considered released, subject to compliance with all of the following:

1. The person, including private or public nonprofit organizations, has for a continuous, uninterrupted, period of 15 years complied with the eligibility criteria set forth herein. If within 15 years of the date of the building permit application the property is sold, the payment agreement may continue provided the new buyer meets the eligibility requirements.

2. The property owner has complied with all reporting requirements set forth herein.

3. Other matters established by written agreement.

G. Repayment of the sewer capital development fee shall be secured with a real estate security instrument as approved by the City Attorney. Unless otherwise agreed, such instrument shall be senior to all other security instruments securing loans on the property, except for financing provided by or through the private or public nonprofit organization which is developing or constructing low-income single-family housing units for low-income individuals or families, unless the City Manager determines that the City receives adequate security for repayment from a junior security instrument.

H. Limitation. The program may be limited to a number of dwelling units per year. Requests for deferral of the sewer capital development fee is subject to approval by the City Council in consideration of the City budget and the effect of the deferral of the water development fee. (Ord. C-828 § 3, 2014)

13.06.1530 Rates and regulations.

A. Pretreatment: Current City of Spokane requirements and rates plus applicable City of Airway Heights fees and including the following:

1. High strength BOD greater than 300 mg/L: minimum $0.60 per pound BOD and in accordance with the table below.

2. High strength TSS greater than 300 mg/L: minimum $0.60 per pound TSS and in accordance with the table below.

Monthly Flow Range (gallons per month)

High Strength BOD/TSS Range (mg/L)

Monthly Surcharge

Up to 100,000

301 to 500

$250.00

501 to 1,000

$500.00

1,001 to 5,000

$2,500.00

5,001 to 10,000

$5,000.00

100,001 to 200,000

301 to 1,000

$1,000.00

1,001 to 5,000

$5,000.00

5,001 to 10,000

$10,000.00

200,001 to 500,000

301 to 1,000

$2,500.00

1,001 to 5,000

$12,500.00

5,001 to 10,000

$25,000.00

500,001 to 1,000,000

301 to 1,000

$5,000.00

1,001 to 5,000

$25,000.00

5,001 to 10,000

$50,000.00

Greater than 1,000,000

Greater than 300

$0.60 per pound

B. Administrative review fees shall be set annually by resolution as approved by City Council. The fees and categories that apply are not limited to the following:

1. Sewer Facility Plan Check.

a. Gravity collection lines.

b. Community on-site treatment and disposal facilities.

c. Pump stations.

2. Planning action, review procedures.

C. Sewer connection fees (SCF), per building or structure, shall be set by resolution as approved by City Council and based on the following:

1. Application.

2. Permit (includes one inspection).

3. Customer Class Fixed Rate Charge.

a. Single-Family

Shall be determined by resolution.

b. Low-Income Senior/Disabled

Shall be determined by resolution.

c. Multifamily (Four or More Units)

Shall be determined by resolution.

d. Domestic-Strength Nonresidential

Shall be determined by resolution.

e. High-Strength Nonresidential

Shall be determined by resolution.

f. Department of Corrections

Shall be determined by resolution.

4. Customer Class Volume Rate Charge. Shall be determined by resolution.

a. Domestic-Strength Nonresidential

Class member determined by sampling.

b. High-Strength Nonresidential

Class member determined by sampling.

c. Department of Corrections

Shall be determined by resolution.

d. Extra-Capacity Surcharges

Surcharge for using capacity beyond purchased share.

5. Connection to public sewer shall be based on sewer meter size and flow factor.

Connection charge summary:

Single-Family Residential

Meter Size

Number of Equivalent Units

3/4′′ meter

1.00

1′′ meter

1.00

1 1/2′′ meter

3.33

2′′ meter*

5.33

3′′ meter*

10.67

All Other Classes

Meter Size

Number of Equivalent Units

3/4′′ meter

1.00

1′′ meter

1.67

1 1/2′′ meter

3.33

2′′ meter*

5.33

3′′ meter*

10.67

4′′ meter*

16.67

6′′ meter*

33.33

8′′ meter*

53.33

10′′ meter*

76.67

*    For meters larger than 1 1/2′′, the City reserves the right to rely instead on an engineer’s estimate of flow and demand in order to ensure equitable contribution toward system costs.

Change of use or premises with 50 percent remodeling may require additional connection fees to be paid. Should a determination be made that additional sewer connection fee will be used than previously paid for, the property owner will be charged the difference between the new estimated ERU usage and the previously determined ERU usage. The new charge will be based on the current fee resolution. It will be the responsibility of the property owner to notify the City of Airway Heights of any changes of use or remodeling of 50 percent or more of any premises.

If the City shall determine that the system design or estimated usage may require additional ERU capacity than the standard listed above, the City may use the alternative chart entitled “Design Basis for Service” in Chapter 5 – Sanitary Sewer; Section 5B.020 – Design Standards, of the City of Airway Heights Public Works Standards Manual. The City may also determine connection fees by calculating the estimated or potential sewer capacity of service lines to be connected to the City’s sanitary sewer system. In the event service lines are added or demand on capacity is increased, additional connection fees shall be charged for the additional capacity.

6. Call back inspection.

7. Weekend/holiday inspections.

8. Work without permit. (Ord. C-998 § 3, 2022; Ord. C-746 § 1, 2011; Ord. C-615 § 1, 2005)

13.06.1531 Rates and charges – Due date – Delinquency – Actions to be taken – Lien – Penalty.

A. All charges for sewer service shall be due and payable at the Office of the Clerk-Treasurer 25 days after the date of mailing and shall become delinquent the next business day after the twenty-fifth day. All delinquent sewer service accounts shall bear interest at the rate of one percent per month commencing on the delinquency date. The delinquency of any customer shall be indicated on the customer’s sewer account, statement, ledger sheet, or card.

B. If a sewer service account is not paid when due, the City may assess a delinquency fee determined by City Council resolution and shall give notice that the sewer service account is delinquent to the account holder(s) and property owner(s).

C. Where delinquent and unpaid charges for sewer service are in excess of the deposit required in this chapter to secure the payment of charges for sewer service, the sewer shall be turned off in accordance with the following termination procedures:

1. Except in cases of consent by the customer, vacant premises, need for repairs or emergency, the Director, or his designated representative, shall cause notice to be given to the customer that sewer service will be terminated for nonpayment.

2. The notice may be delivered personally, given orally, mailed, or left or posted at the service address as shown on the files. Whenever the Director has reason to believe that termination of sewer service to a given service address will affect more than one dwelling unit, the Director shall cause reasonable effort to be made to give notice to all affected dwelling units.

3. The Director shall cause the notice to be given at least five calendar days prior to the date of intended termination.

4. The notice of termination shall be in substantially the following form:

NOTICE

Your city sewer service will be terminated on ____________, unless all amounts not disputed are paid.

If you dispute any amounts due, you may request an informal dispute hearing by visiting or phoning during regular business hours, or writing, on or before _______ (one day before above date).

Airway Heights Clerk-Treasurer
1208 S. Lundstrom St.
Airway Heights WA 99001-9000
Telephone: 509-244-5578

5. If payment is not made on undisputed amounts or a dispute hearing requested for disputed amounts, the Director may shut off the sewer service on or after the date set forth in the notice.

6. The Clerk-Treasurer in any dispute hearing shall have the authority to reduce the amount owed; order the full amount be paid; establish a payment schedule taking into consideration the historical usage of the premises, anticipated usage, income of the person at the service address, and any other information which the Clerk-Treasurer deems relevant; and re-establish a cut-off date for failure to meet the terms of his or her decision.

D. Whenever this chapter et seq. requires notice to be given, unless specifically provided otherwise, it means a reasonable effort to notify shall be made. Absence of the underlying property owner or other responsible persons from the premises or the property to which a notice is mailed or posted, does not constitute grounds to deny that reasonable notice was given or to avoid any responsibilities imposed by this chapter et seq. or by state law.

E. The City may charge a fee for the printing and mailing of sewer service disconnect notices and the sewer shut off as set forth by resolution by the City Council.

F. Delinquent sewer service charges shall be a lien against the premises receiving the sewer service charges as prescribed by RCW 35.21.290 and 35.21.300 and any other applicable laws. All additional lien and enforcement rights by statute and at common law are reserved by the City. Enforcement of any lien provided herein shall be in the manner provided by state law.

G. The owner of the premises or the owner of a delinquent mortgage thereon may give written notice to the Director to cut off sewer utility service to the premises as long as such notice is accompanied by payment or tender of payment of the then delinquent and unpaid charges for such sewer services against the premises together with the cut-off charge, whereupon the City shall have no lien against the premises for charges for such sewer services thereafter furnished, nor shall the owner of the premises or the owner of a delinquent mortgage thereon be held for payment thereof.

H. It shall be unlawful for an occupant or owner of the premises where sewer service has been shut off to turn on the sewer at the service fixture. Violators of this subsection shall be fined a sum not to exceed $1,000, enforceable in the Airway Heights Municipal Court or such other court adopted by the City Council.

I. In case the sewer meter cannot be read for any cause, the user shall pay the rate for the previous month, or such higher sum established in the City’s rate structure. (Ord. C-615 § 4, 2005)

13.06.1532 Application for service – Fee – Responsibility.

A. Prior to receiving service, all applicants for new sewer service shall pay a connection fee as set by resolution of the City Council. Prior to receiving a certificate of occupancy, all sewer service accounts shall pay a tap fee.

B. All sewer service charges shall be enforceable through a lien against the property served even though sewer services may be contracted through an agent or tenant. The property owner shall remain liable for all sewer service charges; provided, that the property owner’s liability will be limited by the terms and conditions under which a lien may be filed against the real property unless the property owner has contracted for the sewer service and/or authorized a broader lien.

C. The City may provide a real property owner or the owner’s designee with duplicates of tenant utility sewer bills, or may notify an owner or the owner’s designee that a tenant’s utility account is delinquent. However, if an owner or the owner’s designee notifies the City in writing that a property served by the City sewer is a rental property and has requested, in writing, to be notified of a tenant’s delinquency, including providing a mailing address, the City shall notify the owner or the owner’s designee of a tenant’s delinquency at the same time and in the same manner the City notifies the tenant of the delinquency. When the City provides a real property owner or owner’s designee with duplicates of a tenant’s utility bill or notice of delinquency, the City shall notify the tenant that it is providing the duplicate bills or delinquency notice to the owner or owner’s designee.

D. All applicants and their successors upon receipt of utility services shall be deemed to have agreed to comply with all the rules and regulations of the sewer utility and the provisions of this chapter, to pay the cost of making the connection and supplying and installing the meter, and to pay for all sewer used on the premises, at the rate and upon the terms established by the City. (Ord. C-753 § 1, 2011; Ord. C-615 § 2, 2005)

13.06.1533 Application of payments.

The City operates a combined utility system with payments received by the City for utility payments as applied in AHMC 13.04.150. (Ord. C-746 § 2, 2011; Ord. C-615 § 3, 2005)

13.06.1534 Bad checks and bill collection fee.

Unless otherwise modified by City Council resolution:

A. The fee for returned checks/disallowed electronic funds transfer is $40.00.

B. Bill summaries are made when it is necessary to prepare a bill summary of charges accrued or estimated on an account, either upon customer or other third-party request, or after an account is 60 days delinquent, or because an account has been referred for collection effort. This charge may be assessed against the account or billed to the requesting party for each bill summary or request prepared. (Ord. C-620 § 1, 2006; Ord. C-615 § 5, 2005)

13.06.1535 Bankruptcies.

As authorized by 11 USC Section 366, unless otherwise directed by the Director, the minimum deposit for adequate assurance of payment shall be two months’ estimated utility charges for Chapter 7 and 11 filings and one month’s estimated utility charges for Chapter 13 filings. This amount is subject to adjustment where circumstances indicate different customer use demands or service needs, in the Director’s discretion. (Ord. C-615 § 6, 2005)

13.06.1536 Adjustments for overbilling, underbilling.

A. It is the policy of the City to collect all amounts identifiable as due and owing for utility services. The City reserves the right to collect such charges on the basis of joint and several liability, from the owner of premises served, the occupant of the premises, or from any person otherwise determined to be legally responsible for the charges concerned, as may be most convenient to the City. This policy recognizes that any losses from not collecting such amounts must be made up by moneys collected from all ratepayers. Subject to this policy, the City Clerk-Treasurer has discretion to adjust billings, but no entitlement to such adjustment is created, and no specific outcome is mandated.

B. Underbilling or underpayment because of customer errors or other reasons not the result of City error will be collected in full.

C. Underbilling or underpayment because of City error may be adjusted, considering the following criteria:

1. In general, the public is presumed to know that a reasonable charge for utility services rendered must be paid. Where it appears a customer or other person from whom payment is sought did not know and had no reason to know of the error, charges accruing more than one year from the discovery of the error may be waived.

2. There is “reason to know” of a billing error where the bill on its face is below regular charges, or where there are no charges being made to premises receiving service. Customers have a duty to make prompt inquiry with the utility billings office when they get such a bill inconsistent with the utility service to their premises.

3. Underbillings because of customer error or where it appears a customer knew or should have known of the error should be paid in full.

D. Where an account is overbilled or overpaid the refund period granted administratively is up to one year from the time the error is reported to the utility billings office, except overpayments or overbillings because of customer fault should be reported by the customer within 60 days. Approved refunds are administered by an account credit for the premises served.

E. Billing errors are adjusted by the City Clerk-Treasurer, or designee. Adjustment is made by way of credit to the utilities bill for errors in said bill unless another adjustment method is approved by the affected utility department. Additionally, the City reserves all defenses, offsets and claims allowable in contract or law. (Ord. C-615 § 7, 2005)

13.06.1537 Collection agency.

A. The City may refer unpaid accounts for collection to a collection agency approved by the City Council pursuant to contract.

B. Accounts referred to collection shall be only after written notice has been given to the account holder at his/her last known address by certified mail, return receipt requested, and by regular mail, postage pre-paid, at least 30 days in advance of the referral to collection. (Ord. C-615 § 8, 2005)

13.06.1538 Liability for account transfer to another account.

A. In addition to the person or address billed for sewer services as shown in the City’s records, the City may require any other person or address for whom or for whose benefit services are provided, or against whom enforcement action is taken under the authority of this chapter, to be responsible for payment for any sewer services, jointly or severally. With respect to premises served or involved in an enforcement action, such persons include the respective premises’ owner and occupant.

B. To obtain from any person determined responsible by the City Clerk-Treasurer, the City reserves the right to transfer a payment obligation from one customer or account to another, or hold charges for payment on one or more accounts, jointly and severally, until full payment is received.

C. Where a party originally responsible for an unpaid utility bill at one address moves to a new address served by the City, the sewer service bill may be transferred to the new address and enforced as a charge to that account, so long as the originally responsible party remains at the new address. This option does not waive the City’s right to require payment as a condition of restoring or continuing services to the original address, but any amounts thereafter collected from the originally responsible party shall be restored to any other party paying such delinquency balance at the original address, less an administration fee determined by City Council resolution. (Ord. C-615 § 9, 2005)

13.06.1540 Payment – Delinquency – Lien.

A. All charges for services rendered, including sewer service, special jobs, labor and materials, are payable to the City.

B. If such charges are not paid, upon delinquency the City may place a lien against the property as provided in RCW 36.94.150. The City shall, after proper notice, turn the account over to an outside collection agency pursuant to RCW 19.16.500.

C. The City shall mail each user a statement each month setting forth the charges for usage. All charges for usage shall be due and payable 15 days after the date of mailing of such statement and shall become delinquent the next following business day after the fifteenth day.

D. Delinquent charges shall be set per resolution.

E. Charges Shall Be a Lien – Service Shut-Off for Nonpayment – Reconnection Charges.

1. All charges for sewer connections, service and usage and all service charges provided in this chapter, together with interest thereon, shall be a lien upon the property to which such sewer service is rendered, superior to all other liens and encumbrances whatsoever, except for general taxes and local special assessments. Enforcement of such lien or liens shall be in the manner provided by law.

2. As an additional and concurrent method of enforcement of the lien of the City for sewer services, charges and penalty, the City may, after delinquency, shut off the water service to the premises. Service shall not be restored until the delinquent bill, service charge, penalty thereon, and the reconnection fee specified in subsection (C) of this section shall have been paid in full.

3. When water service has been shut off for failure to pay, the reconnection charges will be in accordance with the current fee resolution approved by the City Council. The fees will be based on:

a. If reconnection is requested to be made during normal business hours;

b. If reconnection is requested to be made outside normal business hours. (Ord. C-571 § 9, 2004; Ord. C-381, 1997)

13.06.1550 Persons and property subject to charges.

A. Every person and property to whom sewer service is furnished by the City, and every person and property to whom such sewer service is available by said City system, shall be charged for such service.

B. The sewer service charge shall at all times be in effect while water is turned on at the property, except that no sewer charge shall be levied against newly constructed private residential buildings during the period of construction and until the same is utilized for human habitation. (Ord. C-571 § 10, 2004; Ord. C-381, 1997)

13.06.1560 Abatement of public nuisance.

A. Notwithstanding any other provision of this chapter and in addition thereto, the maintenance of any condition contrary to the public health and safety, or creating or tending to create a risk to the public health or safety, specifically including accumulations of raw or treated sewage or sludge of any nature, or danger or possibility thereof, or contamination of any public or domestic water supply system or well, or a danger or possibility thereof, shall constitute a public nuisance and, in the discretion of the Director or Health Officer, shall be subject to immediate abatement by the county at the premises owner’s and/or other responsible person’s expense and liability.

B. Abatement of any nuisance as defined above may be billable as a utility service furnished to the premises wherein the condition arose or exists.

C. This section shall not limit the premises owner’s or other party’s rights to seek recovery against other responsible persons.

D. Specifically, any violation of the City’s wastewater pretreatment standards, including the regulations and orders made pursuant to its authority, is a public nuisance and is subject to abatement, including summary abatement, by the Director, the Health Officer, or the Washington State Department of Ecology, all at the expense of the responsible persons. (Ord. C-381, 1997)

13.06.1570 Suspension of service.

A. In the case of emergency, equipment failure, inaccessibility or for other reasons, as directed by the Director in the interests of the public health and safety, sewer services may be temporarily or permanently suspended to one or more premises or locations within the City, with or without notice.

B. Service to any premises may be suspended for nonpayment of accounts. Such suspension shall not relieve the person owing such account from the duty of complying with the provisions of this title. Such suspension shall render the premises where such service is suspended subject to condemnation for sanitary reasons and/or exercise of the police power to abate a public nuisance at the risk and expense of the owner of the premises and/or other responsible persons. (Ord. C-381, 1997)

13.06.1580 Equipment – Projects – Minor expenditures.

A. To the maximum extent permitted by state law, the Director may acquire such equipment, engage in projects, enter into contracts, and perform such functions as may enable the Public Works Department to carry out its wastewater collection responsibilities and such other purposes as the City Manager and/or City Council may direct and authorize. These powers shall be broadly construed to accomplish their intended purpose.

B. The City Manager has authority to approve departmental expenditures of funds for equipment and projects, which may be funded by the respective department fund, by grant, or by appropriation from federal, state, or local resources as the City Manager and/or City Council deems appropriate. (Ord. C-571 § 10, 2004; Ord. C-381, 1997)

13.06.1590 Responsibility for sewers – No duty.

A. The City assumes no responsibility whatsoever for any side sewers, special side sewers, private sewers, other nonpublic sewers or other such pipes, fixtures, appurtenances or location of utilities. The City’s absence of responsibility includes costs of construction, repair and/or maintenance and liability for losses, claims, damages or injuries arising directly or indirectly from the use or existence of all such nonpublic pipes and fixtures.

B. Except as required by the general laws of this state, the City assumes no responsibilities for sewer service or wastewater disposal or treatment or for the construction, repair or maintenance of public sewers. This chapter shall not be construed to expand the City’s responsibilities. This chapter shall not be construed to add to or expand any public duty to any particular person, class or entity. Any duty nonetheless deemed created shall be strictly construed as a duty to the general public. (Ord. C-381, 1997)

13.06.1600 Penalty.

A. Any person who violates or fails to comply with any of the provisions of this chapter, or who counsels, aids or abets any such violation or failure to comply, shall be subject to a civil penalty not to exceed $1,000.

B. Noncompliance after the expiration of the time specified in any notice authorized in this chapter shall be a separate violation for each notice. Each day of a continuing violation shall constitute a separate and additional violation.

C. See AHMC 13.06.1330. (CFR 403.8(f)(2) (vii).)

D. Willful violations of AHMC 13.06.850 through 13.06.910 or of the terms and conditions of a wastewater discharge permit or applicable pretreatment standard shall constitute a misdemeanor, punishable by a fine of up to $5,000 or imprisonment of one year in jail, or by both such fine and imprisonment.

E. In all cases of violation of the wastewater pretreatment program, whether civil or criminal, restitution of damages, costs and expenses will be required. (Cross-reference: AHMC 13.06.1320.)

F. No occupancy permit shall be issued for any newly built structure unless it has its toilet facilities connected to the City sewer when determined by the Director to be available for connection. Any building existing in violation of this chapter shall immediately comply with the provisions set out in this chapter. The requirement to connect to the City sewer shall not apply if no City sewer line exists within 200 feet of the property or parcel. In addition to any other remedy, the City requires a charge equal to the charge (connection fee) if the property were connected, and such charge shall be a lien against the property. The City may, at its option, make any required connection, the cost of which shall be paid by the owner and be a lien against the property, including interest at the legal rate.

G. It shall be a misdemeanor for any person to knowingly use or occupy a building that has not been connected to the City sewer or occupy a building that does not have sanitary toilet facilities as required by this chapter. For the purpose of this section, the term “use” shall include renting of a building to another punishable by a fine of up to $5,000 or imprisonment of one year in jail, or by both such fine and imprisonment. (Ord. C-381, 1997)

13.06.1610 Search warrants – Administrative, criminal.

Supplemental to and not by way of limitation of any other provisions in this chapter, the Director, on his/her initiative or application of any City official or inspector, may issue an administrative search warrant or order, requesting the presence of law enforcement officials to assist City employees in the performance of any inspection or administrative duties, but no such warrant or order shall be a necessary precondition or any request for Law Enforcement Officer assistance to any other public employee in the performance of his/her duties under this chapter. (Ord. C-381, 1997)


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Code reviser’s note: Section 9 of Ord. C-794 states: “Repeal. To accomplish the purposes set forth above, the Airway Heights Municipal Code Sections 13.06.920 through 13.06.1330 and all definitions set forth in Article II of AHMC Chapter 13.06, which are inconsistent with this Chapter 13.06A are repealed.” Please contact the City Public Works Department for more information.