Chapter 21.02
Sanitary Sewer System
Sections:
21.02.010 Definitions of terms.
21.02.030 Required use of public sanitary sewerage systems.
21.02.040 Unlawful use of public and private sanitary sewer systems.
21.02.050 Types and methods of providing sanitary sewerage service.
21.02.060 Construction of sanitary sewer systems.
21.02.070 Sewer service charge and connection charges.
21.02.080 Violations of title.
21.02.010 Definitions of terms.
(1) Words or phrases used in this chapter shall have the following meanings unless the context specifically indicates otherwise. Terms not specifically defined herein shall be as defined in the latest revised publication, “Glossary Water and Wastewater Control Engineering,” published jointly by the American Public Health Association, American Society of Civil Engineers, American Water Works Association and Water Pollution Control Federation.
(2) “Approved” means approved by the “Director” unless otherwise specified.
(3) “ASTM” means American Society for Testing Materials.
(4) “Benefited property” means property receiving or having the potential of receiving sanitary sewer service from “public sewer facilities” built either by the “City” or for the “City” to provide service to a defined area.
(5) “BOD” means either the abbreviation for biochemical oxygen demand, the quantity of oxygen used in the biochemical oxidation of organic matter in a specified time, at a specified temperature, and under specified conditions; or a standard test used in assessing “wastewater” strength.
(6) “Building sewer” means that portion of the “sanitary sewer” connecting one or more structure(s) from the “plumbing outlet” to the “public sewer facilities.” The “building sewer,” including that portion called the “side sewer stub,” is constructed in accordance with “City” approved standards and is not part of the “City” “public sewer facilities.” “Building sewers” shall be maintained by the property owner.
(7) “Certified” means to present written, formal communication attesting as being true as represented or as meeting a standard and guaranteed by signature.
(8) “Cesspool” means a lined or partially lined underground pit into which “wastewater” is discharged and from which the liquid seeps into the surrounding soil, sometimes called leaching cesspool.
(9) “City” means the City of DuPont, Washington.
(10) “City sanitary sewerage system” means the system of “public sewer facilities” owned by the City and used for the purpose of conveying from their source, treating in any manner, and conveying to final points of disposal, all wastes of any nature permitted by this chapter to enter said system.
(11) “Collection system” means a system of “sanitary sewer(s)” consisting of eight-inch or larger diameter pipes and their associated manholes, cleanouts, and appurtenances, whose primary function is to collect “wastewater” from individual “side sewer(s)” and transport this “wastewater” to trunk and/or interceptor sewers.
(12) “Council” means those duly elected individuals serving as the Legislative Body of the City of DuPont.
(13) “Commercial facilities or units” means all facilities generating “wastewater” not herein defined as “residential facilities.”
(14) “Connection charges” means charges assessed by the “City” against a property owner prior to plan approval for connection to “public sewer facilities” owned by the “City.” These charges include all of the costs to the “City” associated with providing permanent sewer service to an owner/parcel including area, stub, treatment plant capacity charge, front footage, and any other costs or charges excluding permit fees.
(15) “County” means Pierce County, Washington.
(16) “Department” means the City’s Public Works Department, or in the future that department of the City responsible for the administration of the sanitary sewer utilities owned by the City.
(17) “Developer” means any person, or the heirs, successors, or assigns of such person, who owns and/or proposes or intends to develop any parcel of real property wherein there is located or is to be located any building or structure.
(18) “Director” means the Director of the City’s Public Works Department or his/her authorized deputy, agent or representative.
(19) “Domestic wastewater facilities” means all facilities generating “wastewater” principally from “residential facilities or units.”
(20) “Duplex” means a two-family dwelling, consisting of a detached building containing two complete living units sharing a common wall or floor with not more than two kitchens, designated and/or used to house not more than two families living independently of each other and including all necessary household functions of each such family. A “duplex” shall be considered a “multifamily dwelling.”
(21) “Easement” means a legally binding agreement entitling the “City” to construct, repair and/or connect sewer facilities located on private property; or, an agreement between two separate owners, for the purpose of mutual “wastewater” discharge, to construct sewer facilities on property owned by one “owner” or the other or both.
(22) “Effluent” means “wastewater” that has been treated to remove wastes and is discharged from treatment facilities.
(23) “Garbage” means animal, vegetable, and other waste resulting from the handling, preparation, cooking and serving of foods. It is composed largely of putrescent organic matter and its natural moisture content.
(24) “Governmental entity” means the organization or agency through which a separate and independent political body exercises authority including, but not limited to, cities, towns, Pierce County water and sewer districts, and other municipal corporations.
(25) “Industrial wastes” means wastes from industrial processes, as distinct from domestic or sanitary wastes.
(26) “Mayor” means the duly elected individual serving as the Mayor of the City of DuPont.
(27) “Multifamily dwelling” means a building designed and/or used to house three or more families living independently of each other in separate living quarters that share common walls, floors and/or ceilings and including all necessary household functions of each such family.
(28) “Mutual maintenance agreement and easement” means a legally binding agreement between two or more “owners” for the purpose of connecting two or more structures to a single “building sewer” located on private property and specifying for the mutual maintenance of the single “building sewer” by said property owners.
(29) “Natural outlet” means any outlet into a “watercourse,” pond, ditch, lake or other body of surface or ground water.
(30) “Natural watercourse” means a surface or underground “watercourse” created by natural agencies and conditions.
(31) “Off-site general facilities” means the same as “public sewer facilities.”
(32) “On-site general facilities” means the same as “private sewer facilities.”
(33) “Owner” means the lawful and legal owner of a lot or parcel of land (delineated by parcel number) under single ownership also noted on County Assessor/Treasurer property rolls as the taxpayer.
(34) “Permit” means written authorization from the “Director” granting the “owner” or his/her duly authorized representative permission to make the required “building sewer” connections to the “side sewer stub” or to make repairs, alterations, disconnections, caps, or any other sewer construction or repair stipulated in this chapter.
(35) “Person” means any agency, agent, authority, board, church, club, committee, commune, cooperative, department, district, government, group, guardian, league, office, order, party, school, task force, trustee individual, family, partnership, firm, company, association, society, corporation, or other entity.
(36) “pH” means the reciprocal of the logarithm of the hydrogen ion concentration. The concentration is the weight of hydrogen ions, in grams, per liter of solution. Neutral water, for example, has a “pH” value of 7 and a hydrogen ion concentration of 10-7.
(37) “Plumbing outlet” means the part of the lowest horizontal piping of a drainage system of a structure that receives waste from other drainage pipes inside the walls of a structure and conveys it to a “building sewer.” The “building sewer” begins 24 inches from the outer face of the outside building wall.
(38) “Premises” means a continuous tract of land, building or group of adjacent buildings under a single ownership.
(39) “Private sewer facilities” means any sanitary sewer facility including “building sewers” and “side sewer stubs,” constructed within the limits of privately owned property, including, but not limited to collection lines, trunk sewers, lateral sewers, pump stations, force mains and appurtenances. “Side sewer stubs,” as defined herein and located within a public right-of-way or perpetual “easement” owned by the City, shall be operated and maintained by the private property owner.
(40) “Privy” means a building, either portable or fixed directly to a pit or vault, equipped with seating and used for excretion of bodily wastes.
(41) “Privy vault” means a concrete or masonry vault that is provided with a cleanout opening and over which is placed a privy building containing seats.
(42) “Properly shredded garbage” means garbage which has been shredded to such a degree that all particles shall be carried freely under the flow conditions normally prevailing in “public sewer facilities,” with no particle greater than one-quarter inch in any dimension.
(43) “Public sewer facilities” means any “sanitary sewer” constructed within a public right-of-way, perpetual “easement” dedicated to the “City,” or on property owned by the “City,” including but not limited to, structures, collection lines, interceptor sewers, lateral sewers, side sewer tees, pump stations, force mains, and appurtenances. “Public sewer facilities” are operated and maintained by the “City.” “Building sewers” and “side sewer stubs” as defined herein are not “public sewer facilities” and are operated and maintained by the “owner.”
(44) “Purchaser” means any person, or the heirs, successors or assigns of such person, who purchases and/or leases any house, building, or structure, or one or more units in a subdivision or multiple housing projects, from a developer as herein defined.
(45) “Registered building sewer contractor” means any contractor who is duly registered pursuant to the requirements of this chapter to construct, install, repair, reconstruct, excavate, or connect any “building sewer” and “side sewer stub” to the “public sewer facilities” of the “City.”
(46) “Registered professional engineer” means an individual or corporation holding a currently valid license to practice engineering in the State of Washington.
(47) “Residential equivalent unit (RE)” means that service unit which, for purposes of sewerage service measurement, is 220 gallons per day (GPD), having a waste strength of not greater than 225 milligrams per liter of “BOD” and not greater than 225 milligrams per liter of “suspended solids.”
(48) “Residential facilities or units” means a structure or portion of a structure capable of human habitation, including, but not limited to: private houses; each unit of a duplex, triplex, fourplex, apartment building, condominium, or townhouse; or a mobile home.
(49) “Sanitary sewage” means the same as “wastewater.”
(50) “Sanitary sewer” means a collection of facilities which carries “sanitary sewage.”
(51) “Septic tank” means a settling tank in which settled sludge is in immediate contact with the “wastewater” flowing through the tank and in which the organic solids are decomposed by anaerobic bacterial action.
(52) “Service area” means that area eligible for the extension of sewer service under a “ULID,” “sewer line extension,” or “City” extension as defined by a comprehensive plan for the area or natural topography.
(53) “Sewage” means the term now being replaced in technical usage by the preferable term of “wastewater,” and for purposes of this chapter shall be considered synonymous.
(54) “Sewer facility plans” means a plan that identifies the system of sewerage facilities required to convey and treat “sanitary sewage” in the “City.” The “sewer facility plan” shall include location and description of disposal facilities, trunk and interceptor sewers, pumping and monitoring stations, and control and treatment facilities, if appropriate. It shall also include preliminary engineering to ensure the feasibility of any future proposed structures which are proposed as part of the plan. The preliminary engineering for the “sewer facility plan” shall include all criteria necessary to establish sizing of the sewerage facilities identified in the plan.
(55) “Sewer line extension” means the following:
(a) The construction, upgrading, and/or extension of existing sewer facilities located in public rights-of-way or “easements” conveyed to the “County,” or
(b) The construction, upgrading, and/or extension of existing sewer facilities located on private property serving two or more structures or exceeding a length of 400 feet, or
(c) Those “wastewater” systems of sufficient complexity to require an engineered sewer plan by a “registered professional engineer” as determined by the “Director.” “Sewer line extensions” located on private property shall be operated and maintained by the “owner” including the “side sewer stub” as defined herein. Gravity “building sewer” lines over 400 feet in length serving one “single-family dwelling” are exempt from this definition unless, in the opinion of the “Director,” they meet the criteria in this subsection.
(56) “Side sewer stub” means a “sanitary sewer” constructed from a lateral or trunk sewer to a property line, or edge of a perpetual “easement” of a property being served. The “side sewer stub” shall be considered part of the “building sewer” and shall be maintained by the “owner.”
(57) “Side sewer tee” means the point at which the “side sewer stub” joins the “public sewer facilities.”
(58) “Single-family dwelling” means a building designed and/or used to house a single family and shall include mobile homes on individual lots whether owned collectively or individually in mobile home courts, condominiums, or townhouses.
(59) “Standard biochemical oxygen demand” means the results of a statistical test for oxygen demand as determined under standard laboratory procedure for five days at 20 degrees centigrade.
(60) “Storm drain” means those drainage pipes which are designated to carry surface water runoff and other such stormwaters as are not permitted to be disposed of through the “sanitary sewer system” in accordance with the provisions of this chapter.
(61) “Structure” means anything constructed, erected, or placed, the use of which requires location or attachment to something having location on the ground, and shall in addition, include but not be limited to, trailers, mobile homes and house trailers, but shall not include fences and retaining walls.
(62) “Suspended solids” means solids that either float on the surface of, or are in suspension in, water, “wastewater,” or other liquids, and which are largely removable by laboratory filtering.
(63) “Wastewater” means water-carried wastes from domestic, commercial, and industrial facilities together with other waters which may inadvertently enter the system.
(64) “Wastewater facilities” means the structures, equipment, and processes required to collect, transport, and treat domestic, commercial, and industrial wastes, and to dispose of the “effluent” and waste by-products, including “public sewer facilities” and “private sewer facilities.”
(65) “Wastewater treatment plant” means the arrangement of devices and structures used for treating the “wastewater” collected by the “City.”
(66) “Watercourse” means: (a) a natural or artificial channel for passage of water; (b) a running stream of water; (c) a natural stream fed from permanent or natural sources, including rivers, creeks, runs, and rivulets. There must be a stream, usually flowing in a particular direction (though it need not flow continuously) in a definite channel, having a bed or banks and usually discharging into some other stream or body of water. (Ord. 04-760 § 2, 2004).
21.02.020 Administration.
(a) Public Works Department. This Department is under the management of the Director of Public Works. This Department has the responsibility for the construction, maintenance and operation of sewer utility facilities owned by the City.
(b) Director--Responsibilities and Limitations. The Director shall be the administrator of the Sewer Utility. Overall authority for the execution, administration, and interpretation of these rates and regulations resides with the Director. Such authority shall include the power: to determine questions of applicability or interpretation of rates or regulations; to adopt or modify implementing regulations; and to grant exemptions therefrom or order specific actions, forbearance, or impose other additional requirements. These decisions shall be made when deemed reasonably necessary in the interest of the public health and safety. The Director shall have the authority to delegate, as necessary, specific authority to carry out the execution, administration, and interpretation of these rates and regulations.
(c) Contracts--General. The City may enter into contracts with entities such as a municipal corporation, other government agency, political subdivision, person, or commercial entity for the discharge of wastewater into an existing sanitary sewer system of said entity(ies), or for the establishment, maintenance and/or operation of all or part of a new or existing system of sewer facilities. The Director shall not be authorized to obligate the City to any such contract, but shall perform all preparatory work necessary prior to presentation of such proposed contracts to the City Council for execution.
Such contracts include but are not limited to the following types:
(1) Contracts with such entities where such other person or entity agrees to establish, maintain, or operate all or a portion of a system or systems of sewerage for the City;
(2) Contracts with such entities whereby the City may utilize for any lawful purpose all or any portion of a system of sewerage owned and/or operated by such other entity or person;
(3) Contracts with such entities wherein such other entity or person may utilize all or a portion of the City’s system of sewerage for any lawful purpose; and
(4) Contracts with owners of real estate, wherein such owners agree to construct off-site sewerage and/or water facilities, or any portion thereof, or appurtenances thereto.
(d) Contract Requirements. All contracts entered into between the City and other entities shall contain the minimum following information:
(1) Complete description of all the duties, obligations, and commitments of both parties;
(2) Description of all construction, maintenance, and operation requirements;
(3) Legal description;
(4) Type of development, units to be served, and capacity to be required;
(5) Responsibility of inspection: documentation, record drawings;
(6) Temporary and/or perpetual easements;
(7) Required payments, connection charges, fees, deposits and assessments;
(8) Other information and/or items deemed necessary by the Director; and
(9) Requirements of other agencies of the County and the State of Washington and/or United States Government for the type of service being provided in said contracts.
(e) Review, Inspection, and Construction of Sewer Facilities Built by a Property Owner or Developer. Prior to the construction, installation, and operation of any public or private sewer facility governed by the provisions of this chapter, the Department shall require owners, developers or other entities as defined and/or required by this chapter to submit Sewer Facility Plans to the Director for action/approval, and/or obtain a building sewer permit and pay all required fees and charges. Sewer Facility Plans required by this chapter shall conform to Pierce County Department of Utilities Standard Sanitary Sewer Specifications and Standard Plans and include information of sufficient scope and detail so as to allow the Director to make a determination that the plans and specifications meet the minimum requirements of the City.
The Department shall also conduct reviews of Sewer Facility Plans prior to commencement of construction and conduct inspections of said sewer facility installation prior to operation to ascertain whether said installation complies with the approved Sewer Facility Plan and all other requirements, standards and/or provisions of this chapter. The City will conduct a television inspection of all lines installed by the owner. If defects are discovered by the City, the owner shall be responsible for reimbursing the City all costs incurred to re-televise the lines after the defects have been resolved.
(f) Design Criteria and Construction Standards. The Department shall ensure that sewer facilities design and construction standards shall be those as prescribed in the most current Pierce County Department of Utilities Standard Sanitary Sewer Specifications and Standard Plans, as amended from time to time by the Department, or as prescribed and interpreted by the Director.
(g) Utility Fund. Pursuant to DMC 17.02.010(a), the City has created an account for any and all revenues received for the use of sewers. (Ord. 04-760 § 2, 2004).
21.02.030 Required use of public sanitary sewerage systems.
(a) General. It is the clear intent of this section and the stipulations, conditions, and/or requirements contained herein that all matters pertaining to the collection, treatment and disposal of sewage, wastewater, and/or industrial wastes, in areas under the jurisdiction of the City, shall be subject to this chapter.
(b) Treatment of Wastewater Required. It shall be unlawful to discharge into any natural outlet within the City, or into any area under the jurisdiction of the City, any sewage, wastewater, industrial wastes, or other polluted waters, except where suitable treatment has been provided in accordance with City regulations and the provisions of this chapter.
(c) Property Required to Connect to Public Sewer. In any area under the jurisdiction of the City, the owner of each lot or parcel of real property within a Utility Local Improvement District, or any portion of a lot or parcel located within a horizontal plane of 300 feet of any permanent wastewater facilities, is hereby required, at his/her expense, to connect all applicable plumbing outlets from such building(s) or structure(s) directly to the public sewer, in accordance with the provisions of this chapter. The owners of all such properties located outside the boundary of a Utility Local Improvement District (ULID) shall be required to submit to the Department any required Sewer Facilities Plan(s), obtain a building sewer permit, pay all applicable charges and fees, and take any other action required by the provisions of this chapter. Exceptions to this section are provided for in subsections (d) and (e) of this section.
(d) Required Use Exemptions. Except as indicated below, when the Department or a developer extends permanent sewer service into an area not included within the boundaries of a Utility Local Improvement District (ULID), existing structures in a single drainage area are not required by the Department to connect to the public system unless the owners of such structures voluntarily elect to connect to the public system and pay all fees/capital charges to the Utility. However, if septic tank systems serving existing structures fail, or if a property owner expands the use of the structure through the City building permit process, then the owners of such existing structures shall be required to connect to the public sewer system immediately and at their own expense and pay all fees/capital charges to the City.
Additional exemptions inside or outside the boundaries of a ULID may be granted at the discretion of the Director. Such requests shall be in written form to the Director and include but not be limited to the following:
(1) Applicant’s name and address;
(2) Reason for the request;
(3) Map of applicant’s property including location of nearest existing sanitary sewer system;
(4) Legal description of properly including parcel number; and
(5) Cost documentation excluding sewer connection charges.
Decisions by the Director are final and, to the extent that a remedy exists, shall be appealed to the Pierce County Superior Court.
(e) Financial Conditions. Any owner and/or developer requesting increased usage or other benefits over and above what the property was previously assessed or charged, or any owner and/or developer requesting a first time connection to any public wastewater facility, shall be required to pay all connection charges, including any latecomer charges, in cash at the time permits are issued. (Ord. 04-760 § 2, 2004).
21.02.040 Unlawful use of public and private sanitary sewer systems.
(a) Unlawful Wastewater Disposal Facilities. Except as hereinafter provided, it shall be unlawful to construct or maintain any privy, privy vault, septic tank, cesspool or other sewage holding facility intended or used for the disposal of wastewater within the boundaries of a ULID or other service area where sewers are available. This does not include portable privies or other temporary wastewater disposal systems, such as those used at construction sites.
(b) Unlawful Deposit of Waste. It shall be unlawful for any person to place, deposit or permit to be deposited in an unapproved and unacceptable manner into the City sanitary sewer system any human excrement, garbage, and/or other unlawful wastes. Penalty for such violations shall be as set forth in DMC 21.02.080.
(c) Unlawful Discharge of Storm and Other Waters Into Sewers. No person shall discharge or cause to be discharged any storm drainage water, surface water, roof runoff, or subsurface drainage into the sanitary sewer system. Persons discharging swimming pool water, unpolluted cooling water, or unpolluted industrial cooling or process water into the sanitary sewer system shall be charged commercial sewer service rates based on flow, BOD and suspended solids.
(d) Unlawful Wastes. Any sewage, waste, or other matter having the characteristics described in the most current Pierce County Department of Utilities “Pierce County Sewer Utility Prohibited Discharge and Industrial Pretreatment Regulations” shall, under no conditions, be discharged into or be placed where they might find their way into, or be allowed to run, leak, leach or escape into, any part of the sanitary sewer system.
(e) Limitations on Discharge Locations. No person or entity shall discharge any unlawful substance directly into a manhole or other opening in the public sewer system other than through an approved building sewer without the written authorization of the Director in compliance with this chapter.
(f) Unlawful Damage to Sewer Facilities. It shall be unlawful for any unauthorized person to maliciously or willfully break, damage, destroy, uncover, deface or tamper with any structure, appurtenance, or piece of equipment which is part of the City sanitary sewer system by throwing, dumping, discharging, or otherwise introducing any dirt, rocks, sticks, debris, or any other foreign or other matter prohibited by this chapter into the City sanitary sewer system. Any person or entity that violates this section shall be subject to the civil and/or criminal liability and penalties prescribed in DMC 21.02.080.
(g) Pretreatment of Sewage. When, at any time, it becomes necessary or desirable to discharge into the City sewer system any matter from any existing or proposed facility which does not conform to the standards as prescribed in the most current Department of Utilities “Pierce County Sewer Utility Prohibited Discharges and Industrial Pretreatment Regulations,” the owner(s) of such facilities shall hereby be required to pretreat such matter at the owner(s) expense to a degree that will produce an effluent which will conform to the standards set forth therein and as amended from time to time or as prescribed and interpreted by the Director. Such pretreatment shall be understood to include grease interceptors, oil/water separators, chemical or biochemical plants, sedimentation chambers and any devices which effect a change of any nature in the characteristics of the matter being treated. Any and all such devices and equipment shall be subject to the approval of the Director and the Washington State Department of Ecology and shall not be put into operation nor revised in any manner without written permit or approval issued by the Director, the Washington State Department of Ecology, and other approving governmental agencies. (Any such device other than a grease interceptor requires approval from other governmental entities.) Said devices and equipment shall be provided with all necessary features of construction permit inspection of operations and testing of material passing through them and shall be open to the inspection of the Director at any time. Written approval from the Director and other governmental agencies for such pretreatment facilities shall not guarantee that the pretreatment facility will operate as designed; the owner and/or the owner’s engineer will assume this liability.
New plans and specifications and other pertinent information relating to proposed preliminary treatment facilities shall be prepared by a licensed professional engineer and shall be submitted for the approval of the Director, the Washington State Department of Ecology, and Department of Health when required by law. No construction of preliminary treatment facilities shall be commenced until such approvals are obtained in writing. Any expenses incurred by the City in reviewing such plans, specifications, and information shall be paid by the property owner or owner’s representative before the City’s approval shall be granted. All approval procedures, planning and design specifications, charges, fees and other requirements relating to pretreatment facilities shall conform to the provisions set forth in the most current Department of Utilities “Pierce County Sewer Utility Prohibited Discharge and Industrial Pretreatment Regulations.”
(h) Pretreatment Facilities--Operation and Maintenance. When pretreatment facilities are provided for any waters or wastes, they shall be maintained continuously in satisfactory and effective operation by the owner at the owner’s expense. The owner shall, at the Department’s discretion, submit to the Director certified monthly operational records and tests to monitor the performance of the pretreatment facilities. The form of such operational records and tests shall be prescribed by the Director.
(i) Determination of Character of Waste Matter. Before matter of any nature whose discharge might reasonably be considered a violation of this chapter may be discharged into the sanitary sewer system, the controlling characteristic of such matter shall be determined to the satisfaction of the Director. The responsibility of initiating such determinations and the costs involved with submitting the results of said determinations to the Director for approval shall lie solely with the party or parties desiring to discharge the matter into the sanitary sewer system. Verification of these results and the decision as to whether the matter may be discharged to the sanitary sewer system shall be the responsibility of the Director. The fact that any matter has been discharged into the sanitary sewer system prior to the passage of this chapter or subsequent thereto, but without any objection from the Director, does not constitute a valid right to discharge such matter. If at any time, upon discovery by the Director, that any matter being discharged into the sewer does not conform to the requirements of this chapter, the Director may immediately order the stoppage of the discharge of such matter into the sanitary sewer system and/or termination of sanitary sewer service to the discharging property.
(j) Tests of Wastes and Location of Sampling. All measurements, tests and analyses of the characteristics of waters and wastes to which reference is made in subsections (d), (g), (h), and (i) of this section shall be determined by analysis of the samples obtained at a control manhole or other location as approved by the Director. Such tests and analyses shall be performed by an appropriately certified, independent testing laboratory and shall be conducted at the sole expense of the owner.
(k) Commercial Wastes--Control Manhole. When required by the Director, the owner of any property served by a building sewer carrying commercial or 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 fully accessible, safely located, and constructed in accordance with plans approved by the Director. Such plans shall be in accordance with current Pierce County Utilities Department Standard Sanitary Sewer Specifications and Standard Plans. The manhole shall be installed by the owner at the owner’s expense and shall be maintained by the owner so as to be safe and accessible at all times by the Department.
(l) Septic Tank Contents. It shall be unlawful for anyone to discharge the contents of any septic tank, cesspool, chemical toilet, or sewage holding tank into the sewer system of the City. Any person or entity violating this subsection shall be subject to the civil/criminal liabilities/penalties set forth in DMC 21.02.080.
(m) Uncontaminated Wastewater. Whenever a multiple residential, commercial, or industrial customer or user of a public sewer system, either directly or indirectly, uses water for irrigation, cooling, heating, processing, or any other purpose that produces uncontaminated wastewater satisfactory for direct discharge into storm drains or surface waterways pursuant to subsections (d) and (e) of this section, the owner shall, at the owner’s sole expense, separate this water from other sewage and discharge it into a storm drain or surface waterway as approved by the appropriate County, State, and/or federal departments. (Ord. 04-760 § 2, 2004).
21.02.050 Types and methods of providing sanitary sewerage service.
(a) Permanent Sewerage Facilities. The primary means of sewage collection and disposal in urbanizing areas shall be construction and extension of permanent sanitary sewers as required to an existing sewer system and sewage treatment plant. This construction shall be in accordance with any applicable Comprehensive Sewerage General Plan and Facilities Plan and with all other rules, regulations, and requirements as may be prescribed from time to time by the City and State of Washington agencies.
(b) Changed Conditions--Increased Wastewater Flows, BOD or SS. The City shall have the right to charge an owner of a parcel of property already connected to the City sewer system an additional connection charge and increase the monthly sewer service charge if:
(1) Wastewater flows disposed of into the City sewer system have increased above the amount for which the owner or previous owner(s) paid a connection charge; or
(2) BOD and/or SS are found to be greater than 225 mg/l and 225 mg/l, respectively.
(c) Connection to Existing Sewer Facilities. Properties, or portions thereof, which previously were not entitled to sewer service by reason of either not having been subject to a sewer assessment or connection charge by the City or otherwise qualifying for or being required to connect to but, where surrounding or contiguous existing facilities and capacity are now available, may be connected to the public sewers and served thereby; provided, that prior to obtaining said service the property owner pays to the City, in addition to any other charges which may be due, an amount of money which shall constitute a connection charge and which shall be determined and paid in the manner set forth in DMC 21.02.070. The connection charge may be paid in full prior to the issuance of building permits or sewer line extension plan approval.
(d) Utility Local Improvement District--Establishment. The City shall have the power to establish Utility Local Improvement Districts (ULIDs) for the purpose of constructing or reconstructing sewer systems, by the method and manner prescribed by Chapters 35.43 and 35.44 RCW, within the area of a sewer facility plan, and to levy special assessments to pay in whole the cost of any improvements.
(e) Connection of Non-ULID Properties to an Existing City Operational Sewer System. Property owners desiring sanitary sewer service by the connection of property to an existing operational Utility Local Improvement District/sewer line extension may do so; provided, that:
(1) The capacity in said existing facilities, as determined by the Director, which is to be paid for immediately and allocated on a first-come, first-served basis, is available in an amount to sufficiently accommodate the sewage generated by the added development; and
(2) The property owner consents to pay the connection charges for said property.
(f) Developers Sewer Line Extension Facilities. Property owners or developers of property electing to obtain sewer service by the construction and extension of existing public facilities may do so provided:
(1) The capacity in said existing facilities, as determined by the Director, which is to be paid for immediately and allocated on a first-come, first-served basis, is available in an amount to sufficiently accommodate the sewage generated by the added development;
(2) The proposed facility is to be constructed in accordance with the Comprehensive Sewerage General Plan;
(3) The sewer line extension is built to current County design criteria and construction standards as required pursuant to DMC 21.02.020(f);
(4) The property owner or developer agrees to the requirements for privately constructed sewer line extension facilities as set forth this chapter;
(5) The property owners pays to the City, in addition to any other charges which may be due, an amount of money which shall constitute connection charges as required pursuant to DMC 21.02.070 and a plan review fee and an inspection fee as set forth in DMC 21.02.090;
(6) The property owner uses the capacity purchased within 18 months of the purchase date and agrees to pay the monthly sewer service charges generated by the total amount of purchased capacity after 12 months of the purchase date;
(7) The property owner agrees that in the event that monthly sewer service charges and/or any assessments are not paid within 12 months of the purchase date, he/she shall forfeit all funds and capacity associated with the capacity purchase and that the purchased capacity shall then revert back to the City and be made available for resale by the City only to other property owners; and/or
(8) The property owner and future assignees understand that the City reserves the right to increase the connection charge and monthly sewer service charge if future wastewater flows, BOD or SS are found to be greater than the limits established in the most current Pierce County Department of Utilities “Pierce County Sewer Utility Prohibited Discharge and Industrial Pretreatment Regulations”; and also if the limits are greater than estimated at the time of the capacity purchase, the property owner and future assignees agree to pay the increased charges on notice from the City.
(g) Conveyance of Sewers to the City. Any sewer constructed in a public right-of-way or easement or easement conveyed to the City shall be dedicated to the City and thereafter shall be considered a public sewer facility under the jurisdiction of the City subject to acceptance by the City and; provided, that:
(1) All charges, inspection fees and other payments due to the City as provided for in this chapter shall be paid and, if applicable, legal documents shall be executed dedicating and acknowledging easements for all portions of said system located on private property. The cost of all aspects of the conveyance shall be at no cost to the City;
(2) At the discretion of the Director or designee, a sewer to be constructed in a private road may be conveyed to the City. The owner(s) of record of the private road(s) (for all new short plats, formal plats and large lot subdivisions) shall grant to the City across, over, and under the full width of the road a perpetual easement with a right of immediate entry and continued access for the construction, improvement, maintenance and repair of water and sanitary sewer pipelines, manholes, and other appurtenant water and sewer structures;
(3) Prior to the City accepting such a conveyance, the owner(s) and/or developer(s) of said system shall certify that said system, as constructed, complies with the City design criteria and construction standards as required pursuant to DMC 21.02.020(f) and other applicable sections of this chapter; and
(4) Upon completion of installation, said sewer system shall be conveyed to the City free and clear of all liens or encumbrances. (Ord. 04-760 § 2, 2004).
21.02.060 Construction of sanitary sewer systems.
(a) Time, Manner and Repair of Required Sewer Connections. Pursuant to DMC 21.02.030, 21.02.040 and 21.02.050, any owner of each lot or parcel of real property required to make a connection to a public sewer shall make such connection within 60 days after the date written notification of public sewer availability is mailed from the Director to the owner of record listed as the taxpayer on the City Assessor/Treasurer records of the property to be serviced. All connections to the public sewers of the City shall be made in a permanent and sanitary manner in accordance with the provisions of this chapter and shall be sufficient to carry all wastewater of every kind from the building or structure into the public sewer. Each toilet, sink, stationary washstand, washing machine, dishwasher, floor drain and other type of equipment discharging sanitary wastewater shall be connected to the public sewer.
All plumbing outlets from any building or structure hereafter constructed or made available for human occupation and/or use for any purpose, when required pursuant to DMC 21.02.030, shall be connected to a public sewer of the City before the completion of the construction of such building or structure or before any occupancy or use thereof is allowed. In the event that a public sewer capable of serving that building or structure has not been completed by the City prior to the construction or occupancy of such building or structure, said building or structure may install an on-site septic and drainfield system approved by the proper regulatory agency and shall disconnect from the septic tank and drainfield system and be connected to the public sewer within 60 days after the date of written notification of public sewer availability from the Director.
Any needed repair to a building sewer or connection to a public sewer shall be made within 30 days after the date of mailing or personal service of a notice by the Director to the owner of the property served notifying such owner to make such repair. In the event of an emergency, the Director may establish a shorter period of time for the repair to be made or, if the owner cannot be located or does not promptly make such repairs, the City may make the repairs under the procedure set forth in subsection (c) of section.
(b) Authorization of Inspection of Existing Sewers and Appurtenances. The Director or duly authorized representative shall be authorized to enter upon premises served by any building sewer or connected with any public sewer at all reasonable hours to ascertain or make necessary tests as to whether the provisions of local, state and federal codes relative to sewerage have been complied with. In the event that entry is refused, necessary steps shall be taken to make application for a search warrant to accomplish the appropriate inspection. If said sewer, or its attachments, are in conflict with the provisions of any law or resolution in regard thereto, the owner of said premises, or his agent, shall be notified to cause said sewer or its attachments to be so altered, repaired, or reconstructed at the owner’s expense, so as to make them conform to the requirements of the laws and resolutions within a reasonable time limit established by the Director from the time of receipt of such notice.
(c) Failure to Connect or Repair Building Sewer and Sewer Line Extensions. If any connection to or repair of a public sewer shall not be made within the time and in the manner provided in subsections (a) and (b) of this section, the Director may forthwith cause to be placed a recorded notice against the property that no new buildings, remodeling, or change in ownership shall be allowed until the connection or repairs of all sanitary sewer facilities are made. Said notice shall be recorded by the Director with the Pierce County Auditor.
If at this time or after a reasonable period so determined by the Director, connection of or repairs to the building sewer or sewer line extension remain to be completed and the Director has exhausted the means or methods available to the Director to make said connections or repairs as prescribed in subsections (a), (b), and (c) of this section, the City may, upon authorization of the Director, make said connections or repairs for and at the total expense of the owner or developer provided the Director takes the following steps:
(1) Notifies the owner or developer that the connections or repairs are delinquent pursuant to the provisions of subsections (a), (b), and/or (c) of this section, and informs said owner or developer that the City intends to make said connections or repairs itself;
(2) Notifies the owner or developer that the City shall charge said owner or developer for all costs associated with said connections or repairs including, but not limited to, all construction or repair costs and any other applicable costs which would normally be incurred by said owner or developer pursuant to the provisions of this chapter; and
(3) Notifies the owner or developer that any failure to reimburse the City for said costs shall result in the City filing a lien upon the property as provided for in RCW 35.21.290, in the amount of said unpaid cost plus interest and any applicable penalties.
(d) Connection of Non-Assessed Property. The owners of property which have not been subject to special assessments for sewers by the City may connect structures on that property to the public sewers of the City provided the owner has paid a connection charge and has obtained the required sewer permits as set forth in this chapter.
(e) Unlawful Connections to or Disturbances of Public Sewers. Any person who makes or causes to be made any connection to, opening into, use, alteration and/or disturbance of the public sewers of the City without receiving a permit authorizing such a connection, opening, use, alteration, and/or disturbance shall be subject to the violation provisions set forth in DMC 21.02.080.
(f) Backwater Valve Requirement. Any structure having a plumbing outlet that serves fixtures with flood level rims located below the elevation of the next upstream manhole cover of the structure connecting to the public sewer shall install an approved backwater valve.
(g) Information from the City. The owner of any building shall be responsible for obtaining from the Director the approximate location and elevation of the sewer wye, tee, or stub at the point of connection and, in the case of new construction, for planning the building and plumbing to provide adequate slope for building connection to the side sewer stub. The applicant for permit shall be responsible for determining the available grade between plumbing outlet and sewer wye, tee or stub. All Department supplied information shall be field checked by the owner/developer or his/her representative prior to design and/or commencing construction. The City is not liable for inaccurate information provided to the City by others.
(h) Disconnection of Building Sewer and Sewer Line Extensions. No structure may be disconnected from a building sewer and no building sewer may be disconnected from a public sewer for any reason without prior written notification to, and approval by, the Director. No approval shall be given unless the disconnection is lawful under this chapter and other applicable laws, and satisfactory protection is given by the owner or his contractor to the public sewers of the City including, but not limited to, the satisfactory capping of the building sewer. Sewer service charges for any structure disconnected or to be disconnected shall continue until such disconnection is approved by the City and the building sewer capped and otherwise protected to the satisfaction of the Director.
(i) Building Sewer and Sewer Line Extension Permits. The owner or his agent shall make application for a building sewer and/or sewer line extension permit on a special form furnished by the City. The permit application shall be supplemented by any plans, specifications, or other information considered pertinent at the discretion of the Director or as required by this chapter. A building sewer or sewer line extension permit shall be required of any owner of a lot(s), parcel of real estate or structure(s) either required or electing to make a connection to a public sewer or make a modification, repair, disconnection, inspection or addition to an existing building sewer or sewer line extension.
(j) Building Sewer or Sewer Line Extension Permit--Term and Fee. A building sewer or sewer line extension permit is valid for 12 months from the date of issuance. If a building sewer or sewer line extension permit expires but the owner still wishes to connect to a sewer, a new permit shall be obtained and the City shall again collect all applicable permit fees as identified in this chapter. If a building sewer or sewer line extension permit is cancelled by the owner, the full permit fee shall be forfeited.
(k) Building Sewer or Sewer Line Extension Permit Requirements. Building sewer or sewer line extension permits shall be obtained in the following manner:
(1) Permits shall be issued only upon proper application to the City Public Works Department;
(2) A permit which authorizes work in a public right-of-way or easement dedicated to the City or the connection with or opening into any public sewer other than through the normal opening of a wye, tee, or side sewer stub shall be issued to a registered building sewer contractor;
(3) A permit which authorizes building sewer work for residential structures on private property only may be issued to the owner of the property or to a registered building sewer contractor. For sewer line extensions and commercial buildings or structures, the permit shall require a registered building sewer contractor to connect the building to a public sewer through the normal opening of a wye, tee, or side sewer stub under the supervision of the Director or the Director’s representative. For building sewers, the owner may perform only that portion of the connection located on private property and not in the public right-of-way or an easement dedicated to the City;
(4) Building sewer or sewer line extension permits shall not be transferable unless a written request to do so is received by the Department from the owner, and that request is approved by the Director. No person, including any registered building sewer contractor, shall lay any pipe pursuant to any other person’s or contractor’s permit;
(5) A building sewer or sewer line extension permit shall be issued prior to commencement of construction and only after approval of any required Sewer Facilities Plan by the Director, and only after all applicable charges and fees have been paid by the owner or developer;
(6) No building sewer permit allowing connection to the public sewer shall be issued before the main sewer is accepted by the Director, and the property owner so notified. An interim permit allowing building sewer construction without connection to a nonoperational public sewer may be issued at the discretion of the Director; and/or
(7) The permit must be posted on the job prior to commencing the work and must be readily accessible to the Director or the Director’s representative.
(l) Plan Review and Inspection of Sewer Line Extensions and Building Sewers. The Director shall require the property owner to submit to the Director for his approval, a Sewer Facilities Plan prepared by a registered professional engineer for any new construction and/or extensions of privately owned sanitary sewer systems and/or connections to the public sanitary sewer. Single-family residences, individual duplexes, or two or less structures located on a single parcel served by an individual connection and which are not part of a residential complex or development are exempt from this requirement and shall not be considered sewer line extensions as defined in DMC 21.02.010(55). All other new sewer construction, extensions of and/or connection to the public sewer system shall be considered sewer line extensions and be required to comply with the provisions of this subsection.
Plans shall conform to standards and requirements described in the most current Pierce County Department of Utilities Standard Plans and Sanitary Sewer Specifications.
The property owner shall pay to the City, at the time the owner or the owner’s representative submits plans for review, the minimum sum required for a plan review fee and an inspection fee as set forth in DMC 21.02.070 and 21.02.090.
Inspection of construction shall be made by the Director or the Director’s representative to ascertain that the installation meets all the requirements of the approved plan and complies with the standards of the City as prescribed in this chapter. Approval by the Director shall be required prior to connection to the public sewer.
(m) Required Contractor Registration for Sewer Line Extensions. To assure proper construction in the connection of sewer line extension(s) to the public sewers of the City, no person may construct, install, repair, reconstruct, excavate, or connect a sewer line extension to the public sewers of the City, unless the person is a building sewer and sewer line extension contractor holding a valid unsuspended current Certificate of Registration issued by the Department of Labor and Industries of the State of Washington pursuant to Chapter 18.27 RCW, et seq.
(n) Private Operation of Pumping Facilities. Pumping facilities installed on private property by and at the expense of a property owner shall be owned, operated and maintained by the property owner. No pumping facility shall be permitted to serve more than three separate dwelling units unless it contains two pumps. The private pumping facility and force main shall be permitted to serve only those structures located on a single parcel of property (owned by a single individual).
Plans and specifications of the pumping facilities designed by a licensed professional engineer retained at the expense of the owner shall be submitted to the City for review and approval. City approval of the pumping facilities shall not guarantee that the pumping facility will operate as designed by the owner’s engineer; the owner and/or his/her engineer will assume this liability.
The Department shall not accept for review any pumping facility plans and specifications prior to payment of the minimum plan review and inspection fee set forth this chapter.
(o) Costs of Building Sewer or Sewer Line Extension Borne by Owner. All costs and expense incidental to the installation, connection, maintenance, cleaning, repair and/or addition of a building sewer or sewer line extension shall be borne by the owner. This responsibility includes paying all costs incidental to the aforementioned activities performed on all segments of the sewer or sewer line extension, and including, but not limited to, side sewer stub, sewer tee, sewer wye and all other sewer appurtenances.
(p) Building Sewer for Each Building--Exceptions. A single building sewer shall be provided for each building unless the connection of more than one building to a single building sewer is approved in writing by the Director prior to the construction of such building sewer. No more than one multiple dwelling, industrial, or commercial building shall be connected to a single building sewer, unless otherwise approved in writing by the Director.
(q) Mutual Maintenance Agreement and Easement. If it is determined that a special condition(s) requires more than one separately owned residence to be served by a single building sewer, written authorization to do so shall be obtained from the Director after the owner(s) of said properties have entered into a Mutual Use Agreement. This document, assuring that all properties involved shall have perpetual mutual easements for the building sewer, and having provisions for mutual maintenance and access for repair purposes, shall be signed by the recorded owners and acknowledged and recorded with the County Auditor, and a copy thereof furnished to the Director prior to the issuance of a permit for the approval of the building sewer.
(r) Reuse of Old Building Sewers. Old building sewers, including septic tank lines, may be used only when they are found, on examination and test by the Director, to meet all requirements of this chapter. This examination and test shall be at the owner’s expense. The owner or his/her agent shall demonstrate to the Director that no connection to such building sewer or septic tank line exists which conveys any material prohibited by the most current Department of Utilities “Pierce County Sewer Utility Prohibited Discharge and Industrial Pretreatment Regulations.”
(s) Protection of Excavations and Restoration of Public Property. All excavations for building sewer or sewer line extension installations shall be adequately guarded with barricades and lights in accordance with State and City requirements 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 to original condition or better.
(t) Indemnification of City. The property owner or developer performing any of the sewer system improvements described in or required by the subsections of this chapter shall indemnify, defend, and hold harmless the City against any action for damages to personal or public property or against any action for damages to personal or public property or for personal injury caused by the performance of the property owner or developer, and, in addition, shall provide a warranty of all materials and workmanship used in connection with any such actions for a minimum period of one year from the date of acceptance of said actions by the Director. Such indemnification shall include, but not be limited to, the actions set forth in subsections (u) and (v) of this section.
(u) Performance/Guarantee Bond. Any owner or developer who constructs any sewer facilities pursuant to the sections of this chapter shall furnish to the City a performance bond naming the City as beneficiary or payee in a minimum amount of 100 percent of the value of the improvements to be constructed within the existing City rights-of-way and easements dedicated to the City. Said performance bond in a penal sum equal to a minimum of the amount described above shall be conditioned upon the performance by the owner of all undertakings, covenants, terms, conditions and agreements of the extension, and upon the prompt payment by the owner to all persons supplying labor and materials for the completion of the work. Such bond shall be executed by the owner and a corporate bonding company licensed to transact such businesses in the State of Washington and approved by the City.
The performance bond shall be replaced after the construction is completed and accepted by the Department for operation with a maintenance bond equal to the greater of $5,000 or 10 percent of the value of improvements of that which is to be dedicated to the City.
The maintenance bond shall ensure against defects appearing or developing in the material or workmanship provided or performed under this agreement within a period of two years after acceptance for operation. At the end of the two-year guarantee period, the bond shall be released provided no latent defects have been discovered on the project. The expense of these bonds shall be borne by the owner. If at any time a surety on any such bond is declared bankrupt or loses its right to do business in the State of Washington, the owner shall substitute an acceptable bond (or bonds) in such form and sum and signed by such other surety or sureties as may be satisfactory to the City. The premiums on such bonds shall be paid by the owner.
(v) Evidence of Insurance. Any owner or developer who constructs any sewer facilities pursuant to this chapter shall secure and maintain for the period of time from the issuance of a building sewer or sewer line extension permit, “Start Work Order,” or other written authorization to construct sewer facilities, until the City accepts and/or approves of said sewer facilities or for a longer period of time as determined by the Director, public liability insurance for bodily injury and property damage liability, including products and contemplated operations and blanket contractual liability. The owner or developer shall have the City specifically added as an additional named insured in said policies, at no cost to the City. The above insurance shall cover the City, owner, and contractors and/or subcontractors for claims or damages of any nature whatsoever, including, but not limited to, bodily injury, including wrongful death, as well as other claims for property damage which may arise from construction activities, whether such construction activities be by themselves or by any subcontractor or anyone directly or indirectly employed by either. The owner agrees, in addition, to indemnify and hold harmless the City from all suits, claims, demands, judgments, and attorneys’ fees, expenses, or losses occasioned by the performance of construction activities by himself, any subcontractor, or persons working directly or indirectly for him, or on account of or in consequence of any neglect in safeguarding the work or failure to conform with the safety standards for construction work adopted by the Safety Division of the Department of Labor and Industries of the State of Washington.
The amount of such insurance shall be that required by the City. The owner or contractor shall not cause any policy to be cancelled or permit it to lapse. All policies shall include a clause to the effect that the policy or certificate shall not be subject to cancellation or to a reduction in the required limits of liability or amounts of insurance or any other material change until notice has been mailed to the City stating when, not less than 30 days thereafter, such cancellation or reduction or change shall be effective.
All certificates of insurance, authenticated by the proper officers of the insurer, shall state in particular those insured. (Ord. 04-760 § 2, 2004).
21.02.070 Sewer service charge and connection charges.
(a) Sewer Service Charge.
(1) Each single-family residence, multifamily unit, and commercial unit shall be charged a sewer service charge of $60.75 per unit, per month, effective January 1, 2004.
(2) Reduced Rates for Low Income Senior Citizens and Low Income Disabled Citizens.
(A) There shall be a 30 percent reduction of sewerage charges billed directly to low income senior citizens and low income disabled citizens who apply for such reduction.
(B) A low income senior citizen, for the purpose of subsection (a)(2) of this section, shall be a person defined as such in RCW 74.38.070(2)(a) as it now exists or may hereafter be amended.
(C) A low income disabled citizen, for the purpose of subsection (a)(2) of this section, shall be a person defined as such in RCW 74.38.070(2)(b) as it now exists or may hereafter be amended.
(b) Connection Charge. Property or portions thereof receiving permanent sanitary sewer service through the formation of a Utility Local Improvement District (ULID), by connection to an existing Utility Local Improvement District, or by the extension of or connection to any permanent wastewater facilities shall be required to pay a connection charge to purchase capacity in the City’s system. The connection charge will be based on the year the connection is made to the City’s system as indicated below:
|
Year |
Amount |
|
2004 |
$3,830 |
|
2005 |
$4,110 |
|
2006 |
$4,380 |
|
2007 |
$4,650 |
(c) Building Sewer Service or Sewer Line Extension Permit Fee. At the time of application for a building sewer or sewer service line extension permit, the owner shall pay to the City a permit fee to offset all City costs associated with the inspection and testing of the sewer line. A building sewer service permit fee shall be required for each building to be connected to a side sewer stub, side sewer tee, or public sewer. The amount of the building sewer or sewer line extension permit fee is set forth in DMC 21.02.090.
The Director, upon review of the building sewer or sewer line extension permit application and subsequent determination that the proposed action constitutes an action encompassing the construction, reconstruction, repair, and/or maintenance of public sewer facilities or sewer line extensions, shall also require a plan review fee and an inspection fee as set forth in subsections (d) and (e) of this section.
(d) Plan Review and Inspection Fee. As required for sewer line extensions in DMC 21.02.060(j), owners or developers submitting Sewer Facilities Plan(s) to the Department shall pay at the time of submitting said Plan(s) to the Department, the minimum amount of money set forth in DMC 21.02.090. The Department shall not accept for review any such plans, nor issue any building sewer service permits, nor in any manner approve of the commencement of construction until said minimum plan review and inspection fee is paid. Additional costs incurred by the City over and above the minimum fee shall be charged to the owner or developer on a time and materials basis. All additional fees shall be paid in full prior to the City approving and allowing the use of the sewer facilities.
(e) Building Sewer Return Inspection Fee. If circumstances or conditions require return inspection(s) of completed or partially completed building sewers, appurtenances thereto, and/or connections thereof to the public sewer system, the owners, developers, or contractors requesting a return inspection shall pay to the City an amount of money for each return inspection which shall constitute a return inspection fee in an amount equal to 70 percent of the building sewer permit fee cost for each return inspection required to complete the building sewer in accordance with current standard plans and sanitary sewer specifications.
(f) Excess BOD or SS Charges. The City shall have the right to charge an owner of a parcel of property already connected to the City sewer system an additional connection charge and increase the monthly sewer service charge if:
(1) Wastewater flows disposed of into the City sewer system have increased above the amount for which the owner or previous owner(s) paid a connection charge; or
(2) BOD and/or SS are found to be greater than 225 mg/l and 225 mg/l, respectively. (Ord. 04-760 § 2, 2004).
21.02.080 Violations of title.
(a) Civil Liability for Damages. Any person, or commercial entity who willfully or negligently breaks, damages, destroys, uncovers, defaces, or tampers with any structure, appurtenance, or piece of equipment which is a part of the City or private sewer facilities, or who willfully or negligently throws, dumps, or otherwise introduces any dirt, rocks, sticks, debris or any other foreign matter or unpermitted waste into the City sewer system shall be liable to the City for the costs of repair thereof.
(b) Criminal Penalty. Any person or commercial entity who willfully violates any of the terms or conditions of subsection (a) of this section shall be guilty of a misdemeanor, and on conviction thereof, shall be subject to a fine of not more than $1,000 and/or shall be confined in the County jail for not more than 90 days for each occurrence.
(c) Liability to City. Any person or commercial entity who violates any provision of subsection (a) of this section shall be liable to the City for any penalty or fine, plus the expense, loss, damage, cost of inspection, or cost of correction incurred by the City by reason of such violation, including any expenses or reasonable attorney fees incurred by the City in collecting from such person or commercial entity any penalty, fine, loss, damage, expense, cost of inspection or cost of correction.
(d) Notice of Violation. Any person or commercial entity found to be violating any provision of subsection (a) of this section shall be served by the City with written notice stating the nature of the violation and providing a time limit for the satisfactory correction thereof. The violator shall, within the period of time stated in such notice, permanently cease all violation and make all necessary corrections.
(e) Continued Violation--Penalty. Any person or commercial entity who continues any violation beyond the time limit provided for in subsection (d) of this section, shall in addition to the items of expense provided in subsection (c) of this section, become liable to the City for a penalty in the amount of 10 percent of such expense items, together with interest thereon at a rate of eight percent from the date of the time limit provided in subsection (d) of this section. Each separate day of violation and/or misdemeanor shall constitute a separate and distinct act of violation.
(f) Payment Delinquency. In the event that any person or commercial entity fails to pay any fee or charge as set forth in this chapter, that person or entity shall be subject to the procedures and penalties set forth in Chapter 17.02 DMC, et seq., the Uniform Utility Billing and Collection Procedure. (Ord. 04-760 § 2, 2004).
21.02.090 Fees.
(a) Building Sewer Permit Fees. At the time a building sewer permit is applied for the applicant shall pay to the City a building sewer permit fee as set forth herein and for any other charges, if applicable. Permit fees are not refundable. Permit fees shall be as follows:
(1) For each new building or structure to be connected to the “City sanitary sewerage system” (DMC 21.02.010(10)) or “private sewer facilities” (DMC 21.02.010(39)):
(A) Residential, $100.00; or
(B) Commercial, $150.00;
(2) For each modification, repair, or addition to an existing building sewer where work is done entirely on private property and connected to “City sanitary sewerage system” (DMC 21.02.010(10)) or “Private sewer facilities” (DMC 21.02.010(39)):
(A) Residential, $100.00;
(B) Commercial, $150.00;
(3) For each reinspection required by the City due to failure of building sewer construction to comply with state and local construction requirements, a building sewer reinspection fee shall be charged in the amount of 70 percent of the original building sewer permit fee.
(b) Plan Review and Inspection Fees. Along with the “sewer line extension” (DMC 21.02.010(55)) plan submittal to the City, the owner shall pay to the City a nonrefundable deposit of $500.00. The plan review and inspection fee shall provide for all costs of service performed by the Department including but not limited to planning, engineering review of plans, legal services, inspection of construction, and all other technical and administrative services provided relative to extensions to the existing City sewer system. The deposit fee shall be credited against the final City costs as outlined below, provided the final cost exceeds the amount of the nonrefundable deposit.
(1) The City’s costs incurred during the duration of the project from plan review through completion of construction shall be based on time, equipment, and materials utilized. City personnel and equipment time rates shall be in accordance with the latest established City weighted rates. Material costs shall be based on the actual costs of materials plus 15 percent. Consultant costs shall be actual plus 10 percent.
(2) The City shall keep an accurate accounting of costs incurred. Should the total City costs exceed the amount of the nonrefundable deposit, the owner/developer shall pay the additional fees within 30 days following billing by the City and prior to the City granting final approval of the sewer system. Failure to do so will result in the City filing a lien against the subject real property parcel(s) for the unpaid balance. The processing of the lien shall be in the manner set forth in DMC 21.02.080.
(c) Other Fees. Administrative processing costs incurred by the Department for items not related to plan review and inspection (subsection (b) of this section) shall be paid as outlined herein in full prior to the City granting final approval of the owner’s/developer’s submittal. A nonrefundable $50.00 deposit must accompany each separate submittal. The deposit fee shall be credited against the final City costs as set forth in subsections (b)(1) and (b)(2) of this section. Should the owner/developer elect not to have the City complete the processing of the item submitted, the owner/developer shall still be responsible for reimbursing the City for all expenses incurred. The City shall withhold granting approval of the owner’s/developer’s submittal until all costs have been paid in full. Failure of the owner/developer to pay the fees within 30 days of notification shall result in the City filing and processing a lien as set forth in subsection (b)(2) of this section. Administrative processing costs shall include, but not be limited to, the following items:
(1) Environmental checklist/environmental impact statement reviews;
(2) Preparation of easements and/or legal descriptions;
(3) Processing of basin plans, updates, and amendments thereto;
(4) Advertising expenses;
(5) Public hearing expenses;
(6) Rental of meeting rooms;
(7) Legal advice;
(8) Travel expenses;
(9) Word processing expenses; and
(10) Processing of property segregations.
(d) Other Plan Review Fees.
(1) Grease Interceptor Plan Review: $50.00 nonrefundable fee plus time and materials billing for costs and expenses incurred in excess of the nonrefundable fee.
(2) Pretreatment Plan Review: $50.00 nonrefundable fee.
(3) Accidental Spill Prevention Plan: $50.00 nonrefundable fee plus time and materials billing for costs and expenses incurred in excess of the nonrefundable fee.
(4) Industrial Pretreatment Permit Plan Review: $100.00 nonrefundable fee plus time and materials billing for costs and expenses incurred in excess of the nonrefundable fee.
(5) Oil-Water Separator Plan Review: $50.00 nonrefundable fee plus time and materials billing for costs and expenses incurred in excess of the nonrefundable fee.
(6) Residential Pump Plan Review: $50.00 nonrefundable fee plus time and materials billing for costs and expenses incurred in excess of the nonrefundable fee.
(e) Sewer Line Tap Fees. For each sewer line tap, the permit fee shall be $200.00 nonrefundable fee plus time and materials billing for costs and expenses incurred in excess of the nonrefundable fee. The owner’s contractor shall be responsible for tapping the sewer line in accordance with City requirements. Damage resulting to the City sewer system from the tap shall be repaired immediately and be the responsibility of the owner’s contractor to repair at no cost to the City. (Ord. 04-760 § 2, 2004).