Chapter 13.06
SEWAGE DISPOSAL SYSTEMS

Sections:

13.06.010    Definitions.

13.06.020    Connection to public sewer required—Failure to connect.

13.06.030    Private sewage disposal facilities prohibited—Exceptions.

13.06.040    Deposit of objectionable wastes on public or private property prohibited.

13.06.050    Discharge of sewage or polluted waters to natural outlet prohibited—Exception.

13.06.060    Discharge of drainage waters to sanitary sewer prohibited.

13.06.070    Discharge of certain waters to storm sewers or natural outlet—Approval of town superintendent required.

13.06.080    Discharge of designated waters or wastes to public sewers prohibited.

13.06.090    Discharge of designated substances prohibited subject to city superintendent’s opinion.

13.06.100    Discharge of prohibited waters or wastes into public sewers—Remedies.

13.06.110    Grease, oil and sand interceptors required when—City superintendent approval required.

13.06.120    Preliminary treatment or flow-equalizing facilities.

13.06.130    Control manhole required when.

13.06.140    Standard methods for examination of water and wastes.

13.06.150    Industrial agreements permitted.

13.06.160    Okanogan County Ordinance No. 77-4 adopted by reference.

13.06.170    Connection with, opening, using public sewer—Permit required.

13.06.180    Building and side sewer permits—Application—Fees—Limitations.

13.06.190    Owner liability for building sewer installation and connection costs—City indemnified from loss or damage occasioned by sewer installation.

13.06.200    Independent building sewer required—Exception.

13.06.210    Use of old building sewers permitted when.

13.06.220    Excavations for sewer installation—Barricades and lights required—Property to be restored.

13.06.230    Standards for construction of building sewer.

13.06.240    Elevation of building sewer.

13.06.250    Connection—Runoff groundwater sources prohibited.

13.06.260    Connections—Notification—Supervision.

13.06.270    Work to remain uncovered until inspection.

13.06.280    Connections—Venting—Tapping and connection charges.

13.06.290    Sewage works—Supervision and approval authority.

13.06.300    Sewage works—Tampering with prohibited.

13.06.310    Liability for damage to public sewer system caused by trees.

13.06.320    Notice of violation of chapter provisions.

13.06.330    Continuance of violation after receipt of notice—Penalty.

13.06.340    Liability for expenses resulting from violation.

13.06.350    Right of entry to all properties.

13.06.360    City work performed on private property—City to indemnify private company against claims by city employees.

13.06.370    Right of entry to private properties through which city holds an easement.

13.06.380    Refusal to permit admittance—Superior court jurisdiction.

13.06.390    User charge basis.

13.06.400    Bills for sewer disposal service—Delinquent accounts—Notice to owner or occupant.

13.06.410    Industrial cost recovery requirements.

13.06.420    Pretreatment of industrial wastes.

13.06.010 Definitions.

Unless the context specifically indicates otherwise, the meaning of terms in this chapter shall be as set forth in this section:

A. “BOD” (denotating biochemical oxygen demand) means the quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory procedure in five days at twenty degrees Centigrade expressed in parts per million by weight.

B. “Building drain” means that part of the lowest horizontal piping of a drainage system which receives the discharge from soil, waste and other drainage pipes inside the wall of the building beginning five feet (one and one-half meters) outside the inner face of the building wall, conveys it to the side sewer at the property or easement line, and is maintained by the persons occupying or owning the site.

C. “Combined sewer” means a sewer receiving both surface runoff and sewage.

D. “Garbage” means solid wastes from the domestic and commercial preparation, cooking and dispensing of food, and the handling, storage and sale of produce.

E. Industrial wastes” means the liquid wastes from industrial manufacturing processes, trade or business and is distinct from sanitary sewage.

F. “Natural outlet” means any outlet into a watercourse, pond, ditch, lake or other body of surface water or groundwater.

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

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

I. “Properly shredded garbage” means the wastes from the preparation, cooking and dispensing of food that have been shredded to such a degree that all particles will be carried freely under the flow conditions normally prevailing in public sewers, with no particle greater than one-half inch (1.27 centimeters) in any dimension.

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

K. “Sanitary sewer” means a sewer which carries sewage and to which stormwater, surface water and groundwater are not intentionally admitted.

L. “Sewage” means a combination of the liquid-carried wastes from residences, business buildings, institutions and industrial establishments, together with such groundwater, surface water and stormwater as may be present.

M. “Sewage treatment plant” means any arrangement of devices and structures used for treating sewage.

N. “Sewage works” means all facilities for collecting, pumping, treating and disposing of sewage.

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

P. “Shall” is mandatory; “may” is permissive.

Q. “Side sewer” means the extension from the building drain at the property or easement line to the public sewer or other place of disposal which is controlled and maintained by public authority.

R. “Slug” means any discharge of water, sewage or industrial waste which in concentration of any given constituent or in quantity of flow exceeds for any period of duration longer than fifteen minutes more than five times the average twenty-four-hour concentration or flows during normal operation.

S. “Standard specifications and regulations” means the specifications and regulations governing all use, repair and construction of public utilities in the town as established by the town superintendent. The standards shall relate to both public and private work

T. “Storm drain” sometimes termed “storm sewer,” means a sewer, culvert or open ditch system which carries stormwater and surface water and drainage, but excludes sewage and industrial wastes, other than unpolluted cooling water.

U. “Town” means the town of Brewster, Washington.

V. “Town superintendent” means the town superintendent or his authorized deputy, agent or representative.

W. “Suspended solids” means solids that either float on the surface or are in suspension in water, sewage or other liquids, and which are removable by laboratory filtering.

X. “Watercourse” means a channel in which a flow of surface water and stormwater and drainage occurs, either continuously or intermittently. (Ord. 399 Art. 1, 1980)

13.06.020 Connection to public sewer required—Failure to connect.

The owner of all houses, buildings or properties used for human occupancy, employment, recreation or other purposes, situated within the town and abutting on any street, alley or right-of-way in which there is now located or may in the future be located a public sanitary sewer of the town, is required at his expense to install suitable toilet facilities therein, and to connect such facilities directly with the proper public sewer in accordance with the provisions of this chapter, within ninety days after date of official notice to do so, provided that the public sewer is within two hundred feet of the property line, or the served building is within five hundred feet from the public sewer system. All houses, buildings or properties using a properly operating on-site disposal system at the time the sewers become available are not required to connect to the sanitary sewer system until such time as maintenance of any kind (cleaning, repair, etc.) is required of the on-site system. No such maintenance of an on-site disposal system shall be allowed if the sanitary sewer system is available

If any such owner fails, refuses or neglects to so connect to the public sewer within the ninety day period, thereupon the town may post the structure and prohibit occupancy thereof until such time as such connection has been made; furthermore, the town may cause any existing water meter to be disconnected or removed until such time as the connection to the public sewer has been accomplished, at which time any such water meter shall be reconnected or reinstalled as the case may be. (Ord. 399 Art. 2 § 1, 1980)

13.06.030 Private sewage disposal facilities prohibited—Exceptions.

Except as provided in this chapter, it is unlawful to construct or maintain any privy, privy vault, septic tank, cesspool or other facility intended or used for the disposal of sewage unless the public sewer system is two hundred feet or more from the property line, or the served building is more than five hundred feet from the public sewer system. (Ord. 399 Art. 2 § 2, 1980)

13.06.040 Deposit of objectionable wastes on public or private property prohibited.

It is unlawful for any person to place, deposit or permit to be deposited in any unsanitary manner on public or private property within the town, or in any area under the jurisdiction of the town, any human or animal excrement, garbage or other objectionable waste. (Ord. 399 Art. 2 § 3, 1980)

13.06.050 Discharge of sewage or polluted waters to natural outlet prohibited—Exception.

It is unlawful to discharge to any natural outlet within the town, or in any area under the jurisdiction of the town, any sewage or other polluted waters, except where suitable treatment has been provided in accordance with subsequent provisions of this chapter. (Ord. 399 Art. 2 § 4, 1980)

13.06.060 Discharge of drainage waters to sanitary sewer prohibited.

No person, except for the city in circumstances that require discharge to protect the public health and safety as determined by the city public works director, shall discharge or cause to be discharged any stormwater, surface water, groundwater, roof runoff, subsurface drainage, uncontaminated cooling water or unpolluted industrial process waters to any sanitary sewer. (Ord. 891 § 1, 2017: Ord. 399 Art. 2 § 5, 1980)

13.06.070 Discharge of certain waters to storm sewers or natural outlet—Approval of town superintendent required.

Stormwater and all other unpolluted drainage shall be discharged to such sewers as are specifically designed as storm sewers, or to a natural outlet approved by the town superintendent. Industrial cooling water or unpolluted process waters may be discharged, on approval of the town superintendent, to a storm sewer, or natural outlet. (Ord. 399 Art. 2 § 6, 1980)

13.06.080 Discharge of designated waters or wastes to public sewers prohibited.

No person shall discharge or cause to be discharged any of the following described waters or wastes to any public sewers:

A. Any gasoline, benzene, naphtha, fuel oil or other flammable or explosive liquid, solid or gas;

B. Any waters or wastes containing toxic or poisonous solids, liquids or gases in sufficient quantity, either singly or by interaction with other wastes, to injure or interfere with any sewage treatment process, constitute a hazard to humans or animals, create a public nuisance or create any hazard in the receiving waters of the sewage treatment plant, including but not limited to the cyanides in excess of two mg/l as CN in the wastes as discharged to the public sewer,

C. Any waters or wastes having a pH lower than 5.5 or having any other corrosive property capable of causing damage or hazard to structures, equipment and personnel of the sewage works;

D. Solid or viscous substances in quantities or of such size capable of causing obstruction to the flow in sewers, or other interference with the proper operation of the sewage works such as, but not limited to, ashes, cinders, sand, mud, straw, shavings, metal, glass, rags, feathers, tar, plastics, wood, unground garbage, whole blood, paunch manure, hair and fleshings, entrails and paper dishes, cups, milk containers, etc. either whole or ground by garbage grinders. (Ord. 399 Art. 2 § 7, 1980)

13.06.090 Discharge of designated substances prohibited subject to city superintendent’s opinion.

No person shall discharge or cause to be discharged the following substances, materials, waters or wastes if it appears likely in the opinion of the city superintendent that such wastes can harm either the sewers, sewage treatment process or equipment, have an adverse effect on the receiving stream, or can otherwise endanger life, limb, or public property, or constitute a nuisance. In forming his opinion as to the acceptability of these wastes, the city superintendent will give consideration to such factors as the quantities of subject wastes in relation to flows and velocities in the sewers, materials of construction in the sewers, nature of the sewage treatment process, capacity of the sewage treatment plant, degree of treatability of wastes in the sewage treatment plant and other pertinent factors. The substances prohibited are:

A. Any liquid or vapor having a temperature higher than one hundred fifty degrees Fahrenheit or sixty-five degrees Celsius;

B. Any water or waste containing fats, wax, grease or oils, whether emulsified or not, in excess of one hundred mg/l or containing substances which may solidify or become viscous at temperatures between thirty-two and one hundred fifty degrees Fahrenheit (zero and sixty-five degrees Celsius);

C. Any garbage that has not been properly shredded. The installation and operation of any garbage grinder equipped with a motor of three-fourths horsepower (0.76 hp metric) or greater shall be subject to the review and approval of the city superintendent;

D. Any waters or wastes containing strong acid iron pickling wastes, or concentrated plating solutions whether neutralized or not;

E. Any waters or wastes containing iron, chromium, copper, zinc and similar objectionable or toxic substances; or wastes exerting an excessive chlorine requirement, to such degree that any such material received in the composite sewage at the sewage treatment works exceeds the limits established by the city superintendent for such materials;

F. Any waters or wastes containing phenols, benlate or other taste-producing or odor-producing substances, unless approved by the city superintendent.

G. Any radioactive wastes or isotopes of such half-life or concentration as may exceed limits established by the city superintendent in compliance with applicable state or federal regulations;

H. Any waters or wastes having a pH in excess of 9.5;

I. Materials which exert or cause:

1. Unusual concentrations of inert suspended solids (such as, but not limited to, fuller’s earth, lime slurries, and lime residues) or of dissolved solids (such as, but not limited to, sodium chloride and sodium sulfate),

2. Excessive discoloration (such as, but not limited to, dye wastes and vegetable tanning solutions),

3. Unusual BOD, chemical oxygen demand or chlorine requirements in such quantities as to constitute a significant load on the sewage treatment works,

4. Unusual volume of flow or concentration of wastes constituting slugs as defined in Section 13.06.010;

J. Waters or wastes containing substances which are not amenable to treatment or reduction by the sewage treatment processes employed, or are amenable to treatment only to such degree that the sewage treatment plant effluent cannot meet the requirements of other agencies having jurisdiction over discharge to the receiving waters;

K. Any gasoline, benzene, naphtha, fuel oil or other flammable or explosive liquid, solid or gas. (Ord. 399 Art. 2 § 8, 1980)

13.06.100 Discharge of prohibited waters or wastes into public sewers—Remedies.

If any waters or wastes are discharged, or are proposed to be discharged to the public sewers, which contain the substances or possess the characteristics enumerated in Section 13.06.090, and which in the judgment of the city superintendent may have a deleterious effect upon the sewage works, processes, equipment or receiving waters, or which otherwise create a hazard to life or constitute a public nuisance, the city superintendent may:

A. Reject the wastes;

B. Require pretreatment to an acceptable condition for discharge to the public sewers;

C. Require control over the quantities and rates of discharge; and/or

D. Require payment to cover the added cost of handling and treating the wastes not covered by existing taxes or sewer changes outlined elsewhere.

If the city superintendent permits the pretreatment or equalization of waste flows, the design and installation of the plants and equipment shall be subject to the review and approval of the city superintendent, and subject to the requirements of all applicable codes, ordinances, and laws. (Ord. 399 Art. 2 § 9, 1980)

13.06.110 Grease, oil and sand interceptors required when—City superintendent approval required.

Grease, oil, and sand interceptors shall be provided when in the opinion of the city superintendent, they are necessary for the proper handling of liquid wastes containing grease in excessive amounts, or any flammable wastes containing grease in excessive amounts, or any flammable wastes, sand or other harmful ingredients; except that such interceptors shall be of a type and capacity approved by the city superintendent and shall be located as to be readily and easily accessible for cleaning and inspection. All restaurants, cafes and food preparation establishments shall have grease and oil interceptors provided. (Ord. 399 Art. 2 § 10, 1980)

13.06.120 Preliminary treatment or flow-equalizing facilities.

Where preliminary treatment or flow-equalizing facilities are provided for any waters or wastes, they shall be maintained continuously in satisfactory and effective operation by the owner at his expense. (Ord. 399 Art. 2 § 11, 1980)

13.06.130 Control manhole required when.

When required by the city superintendent, the owner of any property serviced by a building sewer carrying industrial wastes shall install a suitable control manhole together with such necessary meters and other appurtenances in the building sewer to facilitate observation, sampling and measurement of the wastes. Such manholes, when required, shall be accessible and safely located, and shall be constructed in accordance with plans approved by the city superintendent. The manhole shall be installed by the owner at his expense, and shall be maintained by him so as to be safe and accessible at all times. (Ord. 399 Art. 2 § 12, 1980)

13.06.140 Standard methods for examination of water and wastes.

All measurements, tests and analyses of the characteristics of water and wastes to which reference is made in this chapter shall be determined in accordance with the latest edition of “Standard Methods for the Examination of Water and Wastewater,” published by the Water Pollution Control Federation, and shall be determined at the control manhole provided, or upon suitable samples taken at the control manhole. In the event that no special manhole has been required, the control manhole shall be considered to be the nearest downstream manhole in the public sewer to the point at which the building sewer is connected. Sampling shall be carried out by customarily accepted methods to reflect the effect of constituents upon the sewage works and to determine the existence of hazards to life, limb and property. The particular analyses involved will determine whether a twenty-four-hour composite of all outfalls of a premises is appropriate or whether a grab sample or samples should be taken. Normally, but not always, BOD and suspended solids analyses are obtained from twenty-four-hour composites of all outfalls, whereas pH’s are determined from periodic grab samples. (Ord. 399 Art. 2 § 13, 1980)

13.06.150 Industrial agreements permitted.

No statement contained in Sections 13.06.020 through 13.06.150 shall be construed as preventing any special agreement or arrangement between the city and any industrial concern whereby an industrial waste of unusual strength or character may be accepted by the city for treatment, subject to payment therefor, by the industrial concern. (Ord. 399 Art. 2 § 14, 1980)

13.06.160 Okanogan County Ordinance No. 77-4 adopted by reference.

The Okanogan County Ordinance No. 77-4 is adopted by the city for the purpose of prescribing regulations and controls of sewage disposal systems, providing for certificates of competency for sewage disposal system designers and sewage disposal system installers, requiring permits, and defining offenses, and providing for the protection of human health and safety. This ordinance is adopted and incorporated by reference as fully as if set out at length, and the provisions thereof shall be controlling within the limits of the city. Subject to the provisions of RCW 35.21.180, any future amendments to the Okanogan County Ordinance No. 77-4 shall also be deemed amendments to this section. (Ord. 399 Art. 3 § 1, 1980)

13.06.170 Connection with, opening, using public sewer—Permit required.

No unauthorized person shall uncover, make any connections with or opening into, use, alter or disturb any public sewer or appurtenance thereof without first obtaining a written permit from the city clerk subject to the approval of the city superintendent. (Ord. 399 Art. 3 § 2, 1980)

13.06.180 Building and side sewer permits—Application—Fees—Limitations.

A. There shall be three classes of building and side sewer permits:

1. For residential service;

2. For commercial service; and

3. For industrial service.

B. In each case the owner or his/her duly authorized agent or representative shall make application in writing on a special form furnished by the city for said purposes. The permit application shall be supplemented by any plans, specifications or other information considered pertinent in the judgment of the city superintendent or his/her duly authorized representative. Permit and inspection fees shall be established annually by resolution of the city council.

C. Permit applications shall be filed with the city clerk with the following information:

1. Owner’s name;

2. Address to be served;

3. Owner’s mailing address;

4. Side sewer contractor’s name and side sewer license number;

5. Legal description of property to be served;

6. All outside dimensions of building to be served;

7. Location of buildings on property to be served;

8. Purpose of building; and

9. Full course of the proposed sewer.

D. No work shall be commenced until the permit has been issued. The permit card shall be posted on the job. Permits may be issued to the owner or occupant of any property and the owner or occupant need not employ a licensed side sewer contractor to perform the work if the owner or occupant performs the work. Should the owner or occupant employ another person to make the installation of the side sewer, it must be a licensed side sewer contractor and such contractor shall secure the permit. All side sewer contractors must show their state contractor’s license card to the city superintendent or his/her representative prior to the granting of the permit. (Ord. 580 § 1, 1994: Ord. 399 Art. 3 § 3, 1980)

13.06.190 Owner liability for building sewer installation and connection costs—City indemnified from loss or damage occasioned by sewer installation.

All costs and expenses incident to the installation and connection of the building sewer shall be home by the owner. The owner shall indemnify the city from any loss or damage that may directly or indirectly be occasioned by the installation of the building sewer. (Ord. 399 Art. 3 § 4, 1980)

13.06.200 Independent building sewer required—Exception.

A separate and independent building sewer shall be provided for every building, except where one building stands at the rear of another or can be constructed to the rear building and the whole considered as one building sewer. (Ord. 399 Art. 3 § 5, 1980)

13.06.210 Use of old building sewers permitted when.

Old building sewers may be used in connection with new buildings only when they are found, on examination and test by the city superintendent to meet all requirements of this chapter. (Ord. 399 Art. 3 § 6, 1980)

13.06.220 Excavations for sewer installation—Barricades and lights required—Property to be restored.

All excavations for building sewer installation shall be adequately guarded with barricades and lights so as to protect the public from hazard. Street, sidewalks, parkways and other public property disturbed in the course of the work shall be restored in a manner satisfactory to the city. (Ord. 399 Art. 3 § 7, 1980)

13.06.230 Standards for construction of building sewer.

The size, slope, alignment, materials of construction of the building sewer, and the methods to be used in excavating, placing of the pipe, jointing, testing and backfilling the trench, shall all conform to the requirements of the building and plumbing code or other applicable rules and regulations of the city, as established by the city superintendent in the Standard Specifications and Regulations. (Ord. 399 Art. 3 § 8, 1980)

13.06.240 Elevation of building sewer.

Wherever possible, the building sewer shall be brought to the building at an elevation below the basement floor. In all buildings in which any building drain is too low to permit gravity flow to the public sewer, sanitary sewage carried by such building drain shall be lifted by an approved means and discharged to the building sewer. (Ord. 399 Art. 3 § 9, 1980)

13.06.250 Connection—Runoff groundwater sources prohibited.

No person shall make connection of roof downspouts, exterior foundation drains, areaway drains, or other sources of surface runoff or groundwater to a building sewer or building drain which in turn is connected directly or indirectly to a public sanitary sewer. (Ord. 399 AM 3 § 10, 1980)

13.06.260 Connections—Notification—Supervision.

The applicant for the building sewer permit shall notify the city superintendent when the building sewer is ready for inspection and connection to the public sewer. The connection shall be made under the supervision of the city superintendent or his representative. (Ord. 399 Art. 3 § 11,1980)

13.06.270 Work to remain uncovered until inspection.

The applicant or agent of the applicant shall not close the trench or cover the work until the inspection as required in Section 13.06.260 has been performed. Should the trench be closed prior to the inspection, the city superintendent may request the work to be uncovered and made ready for inspection, any work provided under this section will be provided at the applicant’s or agent of the applicant’s expense. (Ord. 399 Art. 3 § 12, 1980)

13.06.280 Connections—Venting—Tapping and connection charges.

All connections heretofore made or hereafter made shall be properly trapped and vented to prevent passage of solid matter and other substances injurious to the city sewer. No one shall enter or make any connection to the existing sewer main of the city, and any entry in connection with existing mains shall be within the discretion of the city superintendent, performed upon the existing main and laterals and city alleys and streets, and shall be done by the city. The tapping and connection charge for a six-inch diameter connection to a single-family residence shall be as stated elsewhere. For a commercial or industrial connection or a connection larger than six inches in diameter, the charge shall be at the city’s cost plus ten percent. (Ord. 399 Art. 3 § 13, 1980)

13.06.290 Sewage works—Supervision and approval authority.

All public sewers, sewage works, combined sewers and storm sewer use, repair and improvements shall be under the supervision of and subject to the approval of the city superintendent, who will establish standard specifications and regulations. (Ord. 399 Art. 3 § 14, 1980)

13.06.300 Sewage works—Tampering with prohibited.

No unauthorized person shall maliciously, wilfully or negligently break, damage, destroy, uncover, deface or tamper with any structure, appurtenant or equipment which is a part of the sewage works. (Ord. 399 Art. 4 § 1, 1980)

13.06.310 Liability for damage to public sewer system caused by trees.

Any person who plants trees adjacent to sewers such that the roots of such trees enter, obstruct or damage in any way the public sewer system shall be held responsible for associated inspection and repair costs. (Ord. 399 Art. 4 § 2, 1980)

13.06.320 Notice of violation of chapter provisions.

Any person found to be violating any provision of this chapter except Section 13.06.300 shall be served by the city with written notice stating the nature of the violation and providing a reasonable time limit for the satisfactory correction thereof. The offender shall, within the period of time stated in such notice, permanently cease all violations. (Ord. 399 Art. 4 § 3, 1980)

13.06.330 Continuance of violation after receipt of notice—Penalty.

Any person who continues any violation beyond the time limit provided for in Section 13.06.320 is guilty of a misdemeanor, and on conviction thereof shall be fined in an amount not exceeding five hundred dollars for each violation. Each day in which any violation continues is a separate offense. (Ord. 399 Art. 4 § 4, 1980)

13.06.340 Liability for expenses resulting from violation.

Any person violating any of the provisions of this chapter shall become liable to the city for any expense, loss or damage occasioned to the city for the reason of such violation. (Ord. 399 Art. 4 § 5, 1980)

13.06.350 Right of entry to all properties.

The city superintendent and other duly authorized employees of the city bearing proper credentials and identification shall be permitted to enter all properties pursuant to the provisions set forth in Section 13.04.120 for the purposes in inspection, observation, measurement, sampling and testing in accordance with the provisions of this chapter. The superintendent or his representatives shall have no authority to inquire into any processes including metallurgical, chemical, oil, refining, ceramic, paper or other industries beyond that point having a direct bearing on the kind and source of discharge to the sewers or waterways or facilities for waste treatment. (Ord. 399 Art. 5 § 1, 1980)

13.06.360 City work performed on private property—City to indemnify private company against claims by city employees.

While performing the necessary works on private properties referred to in Section 13.06.350, the city superintendent or duly authorized employees of the city shall observe all safety rules applicable to the premises established by the company and the company shall be held harmless for injury or death to the city employees and the city shall indemnify the company against loss or damage to its property by city employees and against liability claims and demands for personal injury or property damage asserted against the company and growing out of the gauging and sampling operation, except as such may be caused by negligence or failure of the company to maintain safe conditions as required in Section 13.06.140. (Ord. 399 Art. 5 § 2, 1980)

13.06.370 Right of entry to private properties through which city holds an easement.

The city superintendent and other duly authorized employees of the city bearing proper credentials and identification shall be permitted to enter all private properties through which the city holds a duly negotiated easement for the purpose of, but not limited to, inspection, observation, measurement, sampling, repair and maintenance of any portion of the sewage works lying within the easement, in full accordance with the terms of the duly negotiated easement pertaining to the private property involved. (Ord. 399 Art. 5 § 3, 1980)

13.06.380 Refusal to permit admittance—Superior court jurisdiction.

In the event an occupant declines admittance, the matter of entry may be referred to the superior court of Okanogan County for decision by either party with the condition that the losing party shall pay the prevailing party’s costs and reasonable attorney’s fee. (Ord. 399 Art. 5 § 4, 1980)

13.06.390 User charge basis.

For the classes of sewer users and the charges for sewer service, see Chapter 13.04 of this code. (Ord. 918 § 1, 2019: Ord. 399 Art. 6, 1980)

13.06.400 Bills for sewer disposal service—Delinquent accounts—Notice to owner or occupant.

A. All bills for sewer disposal service shall be as set forth in this chapter or as the same may be amended from time to time, and shall become due and payable at the office of the city clerk, or such other place as the city may designate, not later than fifteen days from the date of billing. If not so paid, any such account shall thereupon become delinquent.

B. If no timely payment is made as set forth in this section and the account thus becomes delinquent, the city clerk or duly authorized representative shall mail to the user a notice in writing, postage prepaid, and mailed to the last known address of such owner, that if such delinquent sewer charges are not paid within ten days of mailing or service of the notice, water service to the premises may be terminated in accordance with Brewster Municipal Code Section 13.04.055 and consistent with RCW 35.21.300 as presently enacted or hereafter amended and the city shall have a lien against the premises in accordance with Brewster Municipal Code Section 13.04.055 and consistent with RCW 35.21.290 as presently enacted or hereafter amended and such a lien shall be superior to all other liens or encumbrances except those for general taxes and special assessments. If the owner requests a hearing before the city council, the water shall not be cut off until the owner has had an opportunity to be heard as to any reasons why his/her failure to pay should be excused. In no event shall the time for payment and cutoff be extended more than thirty days from the date of the hearing. There will be an additional sum to be established annually by resolution of the city council to be charged for the expense of turning the water off and on. Any such water service cutoff shall remain disconnected until all charges to the city, plus penalties, together with any additional sums for turning the water on, have been paid.

C. In lieu of any notice by mail, notice may be served personally upon the owner or occupant. Failure to receive mail properly addressed to such owner or occupant shall not be a valid defense for failure to pay such delinquent charges. Any change in ownership of property or change in mailing address must be properly filed in writing with the office of the city clerk within fifteen days after such change of status. (Ord. 580 § 2, 1994: Ord. 399 Art. 7, 1980)

13.06.410 Industrial cost recovery requirements.

The city will satisfy all current EPA industrial cost recovery requirements at such time as an industry subject to EPA industrial cost recovery requirements makes use of the city’s public sewer system. (Ord. 399 Art. 8 § 1, 1980)

13.06.420 Pretreatment of industrial wastes.

The city will require pretreatment of wastes from all industries subject to EPA industrial cost recovery requirements which are using the city’s public sewer system. (Ord. 399 Art. 8 § 2, 1980)