Chapter 13.04 SEWER SYSTEM

(1) “Building drain” means that part of the lowest horizontal piping of a drainage system which receives the discharge from soil, waste, and other drainage pipes inside the walls of the building and conveys it to the building sewer, beginning five feet outside the inner face of the building wall.

(2) “Building sewer” means the extension from the building drain to the public sewer or other place of disposal.

(3) “Combined sewer” means a sewer receiving both surface runoff and sewage.

(4) “Garbage” means solid wastes from the preparation, cooking, and dispensing of food, and from the handling, storage, and sale of produce.

(5) “Industrial wastes” means the liquid wastes from industrial processes as distinct from sanitary sewage.

(6) “Natural outlet” means any outlet into a watercourse, pond, ditch, lake or other body of surface or ground water.

(7) “Person” means any individual, firm, company, association, society, corporation, or group.

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

(9) “Public sewer” means a sewer in which all owners of abutting properties have equal rights, subject to and controlled by public authority.

(10) “Sanitary sewer” means a sewer which carries sewage and to which storm, surface, and ground waters are not intentionally admitted.

(11) “Sewage” means a combination of the water carried wastes from residences, business buildings, institutions, and industrial establishments, together with such ground, surface, and storm waters as may be present.

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

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

(14) “Shall” is mandatory; “may” is permissive.

(15) “Storm sewer” or “storm drain” means a sewer which carries storm and surface waters and drainage, but excludes sewage and polluted industrial wastes.

(16) “Superintendent” means the superintendent of sewage works of the town of Concrete, or his authorized deputy, agent, or representative.

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

(18) “Watercourse” means a channel in which a flow of water occurs, either continuously or intermittently. [Ord. 210 § 1, 1973]

13.04.020 Unsanitary deposit of waste unlawful.

It shall be unlawful for any person to place, deposit, or permit to be deposited in an unsanitary manner upon public or private property within the town of Concrete, or in any area under the jurisdiction of said town, any human or animal excrement, garbage, or other objectionable waste. [Ord. 210 § 2, 1973]

13.04.030 Unlawful to discharge certain liquids – Exceptions.

It shall be unlawful to discharge to any natural outlet within the town of Concrete, or any area under the jurisdiction of said town any sanitary sewage, industrial wastes, or other polluted waters, except where suitable treatment has been provided in accordance with subsequent provisions of this chapter. [Ord. 210 § 3, 1973]

13.04.040 Construction of privies, septic tanks and cesspools.

Except as hereinafter provided, it shall be unlawful to construct or maintain any privy, privy vault, septic tank, cesspool or other facility intended or used for the disposal of sewage. [Ord. 210 § 4, 1973]

13.04.050 Installation and connection of toilet facilities required.

The owner of all houses, buildings or properties used for human occupancy, employment, recreation, or other purpose, 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 or the town shall at his expense install suitable toilet facilities therein and connect such facilities directly with the proper public sewer, in accordance with the provisions of this chapter within 180 days after date of official notice to do so. [Ord. 210 § 5, 1973]

13.04.060 Where public sewer not available.

For the purposes of this chapter, a public sanitary sewer shall be considered to be available when it is within 200 feet, as measured in a straight line, from any house or building requiring toilet facilities as set out in CMC 13.04.050, and the property upon which said house or building is located abuts, or is connected by private road easement to a public right-of-way containing said public sewer line. Where a public sanitary sewer is not available, the building sewer shall be connected to a private sewage disposal system complying with the provisions of this chapter. [Ord. 210 § 6, 1973]

13.04.070 Construction of private sewer system.

Anyone constructing a private sewer system within the town of Concrete shall comply with the laws of the state of Washington, the ordinances of Skagit County and the rules and regulations of the Skagit County department of public health. Copies of permits obtained from the Skagit County department of public health for construction of a private sewer system and statements of compliance therewith obtained upon completion of the private sewer system, shall be filed with the superintendent. [Ord. 210 § 7, 1973]

13.04.080 When public sewer becomes available.

At such time as a public sewer becomes available to a property served by a private sewage disposal system, a direct connection shall be made within 180 days of notice to do so, to the public sewer in compliance with this chapter. Any septic tanks, cesspools, and similar private sewage disposal facilities shall be abandoned and filled with suitable material. [Ord. 210 § 8, 1973]

13.04.090 Operation and maintenance of private sewage facilities.

A private sewer facility shall be operated and maintained in a sanitary manner at all times, at no expense to the town. [Ord. 210 § 9, 1973]

13.04.100 Permit required to make connection.

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 superintendent. [Ord. 210 § 10, 1973]

13.04.110 Two classes of building sewer permits.

There shall be two classes of building sewer permits:

(1) For residential and commercial service; and

(2) For service to establishments producing industrial wastes.

In either case, the owner or his agent shall make application on a special form furnished by the town. The permit application shall be supplemented by any plans, specifications, or other information considered pertinent in the judgment of the superintendent. [Ord. 210 § 11, 1973]

13.04.120 Expense of installation and connection.

All costs and expense incident to the installation and connection of the building sewer shall be borne by the owner. The owner shall indemnify the town from any loss or damage that may directly or indirectly be occasioned by the installation of the building sewer. The town shall provide a connecting sewer line at the time of installation of the sewer facilities to the right-of-way line or 80 feet from the sewer trunk line in the right of way, whichever distance is less, to all properties in the town to be furnished sewer service that contain occupied buildings at time of construction. [Ord. 210 § 12, 1973]

13.04.130 Separate sewer required for each building – Exceptions.

A separate and independent building sewer shall be provided for every building from which sewage originates; provided, however, where one building stands at the rear of another on an interior lot and no public sewer is available to the rear building through an adjoining alley, court yard, or driveway, the building sewer from the front building may be extended to the rear building and the whole considered as one building sewer. [Ord. 210 § 13, 1973]

13.04.140 Use of old building sewers.

Old building sewers may be used in connection with new buildings only when they are found, on examination and test by the superintendent, to meet all requirements of this chapter. [Ord. 210 § 14, 1973]

13.04.145 Abandoned service.

If the town service connection has been discontinued and the building originally on the site has been removed or must be removed prior to reconstruction or construction of a new building as required by the Uniform Building Code, a reconnection fee shall be required to be paid, said fee to be set by annual resolution. [Ord. 801, 2019; Ord. 539, 2004]

13.04.150 Specifications for building sewers.

The building sewer shall be cast iron soil pipe, concrete, or asbestos cement. Also permissible for building sewers will be:

(1) ABS plastic pipe conforming to the requirements of A.S.T.M. Specification D-1788. Minimum wall thickness shall be 0.150" (± 0.010") for four-inch nominal diameter pipe and 0.210" (±0.010") for six-inch nominal diameter pipe.

(2) PVC plastic pipe conforming to the requirements of A.S.T.M. specification D 2241. Minimum pipe strength shall be Class 160 (SDR 26).

Joints shall be tight and waterproof. Any part of the building sewer that is located within 10 feet of a water service pipe shall be constructed of cast iron soil pipe with leaded joints. Cast iron pipe with leaded joints may be required by the superintendent where the building sewer is exposed to damage by tree roots. If installed in filled or unstable ground, the building sewer shall be of cast iron soil pipe, except that nonmetallic material may be acceptable if laid on a suitable concrete bed or cradle as approved by the superintendent. [Ord. 210 § 15, 1973]

13.04.160 Size and slope of building sewer.

The size and slope of the building sewer shall be subject to the approval of the superintendent, but in no event shall the diameter be less than four inches. The slope of such pipe shall be not less than one-quarter inch per foot. [Ord. 210 § 16, 1973]

13.04.170 Laying of building sewer.

Whenever possible the building sewer shall be brought to the building at an elevation below the basement floor. No building sewer shall be laid parallel to, or within three feet of, any bearing wall, which might thereby be weakened. The depth shall be sufficient to afford protection from frost. The building sewer shall be laid at uniform grade and in straight alignment in so far as possible. Changes in direction shall be made only with properly curved pipe and fittings. [Ord. 210 § 17, 1973]

13.04.180 When sewage may be lifted by artificial means.

In all buildings in which any building drain is too low to permit gravity flow to the public sewer, sewage carried by such drain shall be lifted by approved artificial means and discharged to the building sewer. [Ord. 210 § 18, 1973]

13.04.190 Excavation – Pipe laying and backfill.

All excavations required for the installation of a building sewer shall be open trench work unless otherwise approved by the superintendent. Pipe laying and backfill shall be performed in accordance with American Society Testing Materials specifications except that no backfill shall be placed until the work has been inspected. [Ord. 210 § 19, 1973]

13.04.200 Joints and connections to be made gastight and watertight.

All joints and connections shall be made gastight and watertight.

Cast iron pipe joints shall be firmly packed with oakum or hemp and filled with molten lead, not less than one-inch deep. Lead shall be run in one pouring and caulked tight. No paint, varnish, or other coatings shall be permitted on the jointing material until after the joint has been tested and approved.

All joints in vitrified clay pipe or between such pipe and metals shall be made with approved hotpoured jointing material or cold packed material with characteristics similar to hot poured.

Material for hot-poured joints shall not soften sufficiently to destroy the effectiveness of the joint when subjected to a temperature of 160 degrees Fahrenheit, nor be soluble in any of the wastes carried by the drainage system. The joint shall be caulked tight with jute, hemp, or similar approved material.

Joints for concrete and asbestos cement pipe shall consist of circular rubber, vinyl or plastic gaskets as approved by the pipe manufacturer.

The connection of the building sewer into the public sewer shall be made at the “T” branch.

The applicant for the building sewer permit shall notify the 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 superintendent or his representative. [Ord. 210 § 20, 1973]

13.04.210 Excavations to be guarded – Public 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. Streets, sidewalks, parkways, and other public property disturbed in the course of the work shall be restored in a manner satisfactory to the town. [Ord. 210 § 21, 1973]

13.04.220 Certain liquids not to be discharged into public sewer.

No person shall discharge or cause to be discharged any storm water, surface water, ground water, roof runoff, subsurface drainage, cooling water or unpolluted industrial process waters to any sanitary sewer. [Ord. 210 § 22, 1973]

13.04.230 Storm water and unpolluted drainage.

Storm water and all other unpolluted drainage shall be discharged to such sewers as are specifically designated as storm sewers, or to a natural outlet approved by the superintendent. Industrial cooling water or unpolluted process waters may be discharged, upon approval of the superintendent, to a storm sewer, or natural outlet. [Ord. 210 § 23, 1973]

13.04.240 Liquids not to be discharged into public sewer.

Except as hereinafter provided, no person shall discharge or cause to be discharged any of the following described waters or wastes to any public sewer:

(1) Any water or waste which may contain more than 100 parts per million, by weight, of fat, oil, or grease.

(2) Any gasoline, benzene, naptha, oil, or other flammable or explosive liquid, solid or gas.

(3) Any garbage that has not been properly shredded.

(4) Any ashes, cinders, sand, mud, straw, shavings, metal, glass, rags, feathers, tar, plastics, wood, paunch manure, or any other solid or viscous substance capable of causing obstruction to the flow in sewers or other interference with the proper operation of the sewage works.

(5) Any waters or wastes having any corrosive property capable of causing damage or hazard to structures, equipment, or personnel of the sewage works.

(6) Any waters or wastes containing a toxic or poisonous substance in sufficient quantity to injure or interfere with any sewage treatment process, constitute a hazard to humans or animals, or create any hazard in the receiving waters of the sewage treatment plant.

(7) Any waters or wastes containing suspended solids of such character and quantity that unusual attention or expense is required to handle such materials at the sewage treatment plant.

(8) Any noxious or malodorous gas or substance capable of creating a public nuisance. [Ord. 210 § 24, 1973]

13.04.250 Grease, oil and sand interceptors.

Grease, oil and sand interceptors shall be provided when, in the opinion of the superintendent, they are necessary for the proper handling of liquid wastes containing grease in excessive amounts, or any flammable wastes, sand, and other harmful ingredients. All interceptors shall be of a type and capacity approved by the superintendent, and shall be located as to be readily and easily accessible for cleaning and inspection.

Grease and oil interceptors shall be constructed of impervious materials capable of withstanding abrupt and extreme changes in temperature. They shall be of substantial construction, watertight, and equipped with easily removable covers which, when bolted in place shall be gastight and watertight. [Ord. 210 § 25, 1973]

13.04.260 Maintenance of interceptors.

Where installed, all grease, oil and sand interceptors shall be maintained by the owner, at his expense, in continuously efficient operation at all times. [Ord. 210 § 26, 1973]

13.04.270 When preliminary treatment facilities required.

The admission into the public sewers of any waters or wastes having (1) a five-day biochemical oxygen demand greater than 300 parts per million by weight, or (2) containing more than 350 parts per million by weight of suspended solids, or (3) containing any quantity of substances having the characteristics described in CMC 13.04.240 or (4) having an average daily flow greater than two percent of the average daily sewage flow of the town, shall be subject to the review and approval of the superintendent. Where necessary in the opinion of the superintendent, the owner shall provide, at his expense, such preliminary treatment as may be necessary to (1) reduce the biochemical oxygen demand to 300 parts per million by weight, or (2) reduce objectionable characteristics or constituents to within the maximum limits provided for in CMC 13.04.240, or (3) control the quantities and rates of discharge of such waters or wastes. Plans, specifications, and any other facilities shall be submitted for the approval of the superintendent and of the state of Washington, and no construction of such facilities shall be commenced until said approvals are obtained in writing. [Ord. 210 § 27, 1973]

13.04.280 Maintenance of preliminary treatment facilities.

Where preliminary treatment 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. 210 § 28, 1973]

13.04.290 When manhole required.

When required by the superintendent, the owner of any property served by a building sewer carrying industrial wastes shall install a suitable control manhole in the building sewer to facilitate observation, sampling and measurement of the wastes. Such manhole, when required, shall be accessible and safely located, and shall be constructed in accordance with plans approved by the 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. 210 § 29, 1973]

13.04.300 Measurements, tests and analyses.

All measurements, tests, and analyses of the characteristics of waters and wastes to which reference is made in CMC 13.04.240 and 13.04.270 shall be determined in accordance with “Standard Methods for the Examination of Water and Sewage,” and shall be determined at the control manhole provided for in CMC 13.04.290 or upon suitable samples taken at said 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. [Ord. 210 § 30, 1973]

13.04.310 Special agreements with industrial concerns.

No statement contained in this chapter shall be construed as preventing any special agreement or arrangement between the town and any industrial concern whereby an industrial waste of unusual strength or character may be accepted by the town for treatment, subject to payment therefor by the industrial concern. [Ord. 210 § 31, 1973]

13.04.320 Protection from damage.

It shall be unlawful for any person to maliciously or wilfully damage, destroy, uncover, deface, or tamper with any structure, appurtenance, or equipment which is a part of the municipal sewage works. [Ord. 210 § 32, 1973]

13.04.330 Powers and authority of inspectors.

The office of sewer superintendent is hereby created for the purpose of administering this chapter and such other duties as found necessary. The mayor shall appoint said sewer superintendent. [Ord. 210 § 33, 1973]

13.04.340 Persons to be admitted for purpose of inspections.

The superintendent and/or his duly authorized representative is authorized to enter upon all properties for the purposes of inspection, observation, measurement, sampling, and testing of any sewers or connections thereto, in accordance with the provisions of this chapter. [Ord. 210 § 34, 1973]

13.04.350 Rates to be charged.

The monthly charge for sewer rates for the town of Concrete shall be set by annual resolution* of the town council. [Ord. 515 § 16, 2003; Ord. 507 § 1, 2003; Ord. 506 § 1, 2003; Ord. 477 §§ 1 – 4, 2003; Ord. 455 §§ 1 – 4, 2000; Ord. 380 §§ 1 – 4, 1994; Ord. 326 §§ 1, 2 and 3, 1989; Ord. 322 § 1, 1989; Ord. 318 §§ 1, 2 and 3, 1988; Ord. 317 §§ 1 and 2, 1988; Ord. 311 § 1, 1988; Ord. 254 § 1, 1981; Ord. 246 § 1, 1979; Ord. 245 § 1, 1979; Ord. 214-B § 1, 1974; Ord. 210 § 35, 1973]

*Code reviser’s note: The resolution setting this rate is available for review at Town Hall.

13.04.360 Connection fee.

A basic sewer connection charge (system development fee) set by annual resolution* of the town council will be levied for each housing unit new hookup to the public sewer system (basic inspection fee included). This charge is a fee and does not reflect any mechanical or other costs except basic inspection fee associated with such a hookup. Costs associated with the mechanical new hookup to the town sewer system may vary depending on type of new hookup and amount of town crew participation. There will be an additional charge to the hookup fee mentioned above depending on amount of participation at a fee of prevailing cost. For purposes of definition, the town’s responsibility for new hookups is to ensure through an inspection process that the new sewer hookup has been done properly and in accordance to all applicable building codes adopted by the town of Concrete and such side sewers beyond the service connection to the property line shall also be subject to above inspection criteria. Side sewer inspections from the property line to the building to be hooked up will be handled by the appropriate building official and permit process as specified by town of Concrete ordinance as adopted by the town of Concrete.

The fee set by annual resolution of the town council shall include a standard inspection only. In cases where, in the opinion of town public works supervisor, safety and accessibility require additional cost to the town of Concrete for purposes of inspection, such cost will be in addition to the fee set by annual resolution and will be borne by the applicant.

When the town of Concrete public works supervisor deems necessary, a bond in the amount set by annual resolution of the town council and liability insurance in the amount set by annual resolution of the town council adequate to protect the public and property may be required for new hookups and sewer construction on the public rights-of-way.

Connection and inspection to the town’s sewer system must be installed and inspected before the line is covered within one year from the date of payment of the connection charge. If connection has not been inspected and deemed complete by the public works director or his designee within one year of the initial connection charge the applicant will be required to proceed with a new sewer service application including repayment of the connection fees at 50 percent of the original cost. If connection has not been inspected and deemed complete by the public works director or his designee within one year six months a new application shall be required including the payment of any system development charge. The charge to be paid shall be the most recently approved amount and shall coincide with the date of the new application. [Ord. 694, 2012; Ord. 515 § 12, 2003; Ord. 456 § 1, 2001; Ord. 380 § 5, 1994; Ord. 214-B § 2, 1974; Ord. 210 § 36, 1973]

*Code reviser’s note: The resolution setting this charge is available for review at Town Hall.

13.04.370 Charges deemed lien when – Recordation notice – Enforcement.

The town of Concrete shall have a lien upon all real estate serviced by the sewer facilities, whether the same be connected to the sewer system or not, for failure of the property owner to pay any charges or fees provided for herein. All delinquent and unpaid rates and charges, including interest and penalty thereon for sewerage service, shall be a lien against the premises to which the same has been furnished, and the rate of interest on such delinquency is fixed at eight percent. Such lien shall be effective for a total not to exceed six months’ delinquent charges without the necessity of any writing or recording, but if the lien is for more than six months’ charges, the city clerk-treasurer or official charged with the administration of the affairs of such utility shall cause to be filed for record in the office of the county auditor of Skagit County a notice in substantially the following form:

Sewerage Lien Notice

Town of Concrete, Washington,

_________________, Reputed Owner,

Notice is hereby given that the Town of Concrete has and claims a lien for sewer charges against the following described premises, situated in Skagit County, Washington, to-wit:

(Legal Description)

Said lien is claimed for the period exceeding six months. Such charges and interest are now delinquent, amount to $_______, and are also claimed for future sewerage charges against said premises.

Dated ___________

Town of Concrete

By _____________________________

(Space for Notary)

The lien described herein may be foreclosed and any of the tracts or premises subject to said lien proceeded against and all parties of record as owning or claiming to own, having or claiming to have, any interest in, or lien upon, said tracts or premises shall be made defendants thereto, together with all parties personally liable for any charges involved, including court costs, interest and reasonable attorney’s fees, all as provided in Chapter No. 36 Section 2 of the Session Laws of the State of Washington, 1991, as amended, and Chapter No. 7 Session Laws of the State of Washington, 1965.

The procedures and limitations specified in RCW 35.67.200 through 35.67.290 as adopted and as amended from time to time shall be in full force and effect. [Ord. 612, 2008; Ord. 611, 2008; Ord. 210 § 37, 1973]

13.04.380 Notice to correct violations.

Any individual or corporation upon receipt of a notice from the superintendent advising the individual or corporation that he or it is violating a provision of this chapter and stating the nature of the violation, shall immediately cease and desist said violation, and shall correct the same within the length of time given in the notice for correction thereof. [Ord. 210 § 38, 1973]

13.04.390 Penalty for violation.

Any person who shall wilfully and intentionally violate any provision of this chapter except those for providing for the payment of sums of money to the town, or who after receipt of notice provided for in CMC 13.04.380 above, shall wilfully and intentionally fail and refuse to correct said violation required of him to be corrected, shall be guilty of a misdemeanor and on conviction thereof, shall be sentenced to not more than 30 days in the town jail and/or to pay a fine in amount of not more than $100.00. Each day in which any violation shall continue shall be deemed a separate offense. [Ord. 210 § 39, 1973]

13.04.400 Violators liable to town.

In the event that the town shall suffer any expense, loss or damage occasioned by the violation of any of the provisions of this chapter by any individual or corporation, such individual or corporation shall be liable to and reimburse the town for any such expense, loss or damage if so occasioned. [Ord. 210 § 40, 1973]