Chapter 13.14 SANITARY SEWER AND WASTE DISPOSAL

1. “Biochemical oxygen demand” (BOD) means the quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory procedure in five days at 20 degrees centigrade, expressed in milligrams per liter.

2. “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 (1.5 meters) outside the innerface of the building wall.

3. “Building sewer” means the extension from the building drain to the public sewer or other place of disposal, also called house connection.

4. “Combined sewer” means a sewer intended to receive both wastewater and stormwater or surface water.

5. “Easement” means an acquired legal right for the specific use of land owned by others.

6. “Engineer” means the town engineer, a licensed professional engineer appointed by the mayor and duly authorized to act on behalf of the town.

7. “Floatable oil” is oil, fat, or grease in a physical state such that it will separate by gravity from wastewater by treatment in an approved pretreatment facility. A wastewater shall be considered free of floatable fat if it is properly pretreated and the wastewater does not interfere with the collection system.

8. “Garbage” means the animal and vegetable waste resulting from the handling, preparation, cooking and serving of foods.

9. “Industrial wastes” means the wastewater from industrial processes, trade, or business as distinct from domestic or sanitary wastes.

10. “Natural outlet” means any outlet, including storm sewers and combined sewer overflows, into a watercourse, pond, ditch, lake or other body of surface water or groundwater.

11. “May” is permissive (see “shall”, subsection 19 of this section).

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

13. “pH” means the logarithm to the base 10, of the reciprocal 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.

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

15. “Public sewer” means a common sewer controlled by a governmental agency or public utility.

16. “Sanitary sewer” means a sewer that carries liquid and water-carried wastes from residences, commercial buildings, industrial plants, and institutions together with minor quantities of groundwaters, stormwaters and surface waters that are not admitted intentionally.

17. “Sewage” is the spent water of a community. The preferred term is “wastewater,” as defined in subsection 25 of this section.

18. “Sewer” means a pipe or conduit that carries wastewater or drainage water.

19. “Shall” is mandatory (see “may,” subsection 11 of this section).

20. “Slug” means any discharge of water or wastewater which in concentration of any given constituent or in quantity of flow exceeds for any period of duration longer than 15 minutes more than five times the average 24-hour concentration or flows during normal operation and shall adversely affect the collection system and/or performance of the wastewater treatment works.

21. “Storm drain,” sometimes termed “storm sewer,” means a drain or sewer for conveying water, groundwater, subsurface water, or unpolluted water from any source.

22. “Public works director” means the director of public works or the superintendent of wastewater facilities, and/or of wastewater treatment works, and/or of water pollution control of the town, or their authorized deputy, agent, or representative.

23. “Suspended solids” means total suspended matter that either floats on the surface of, or is in suspension in, water, wastewater, or other liquids, and that is removable by laboratory filtering as prescribed in “Standard Methods for the Examination of Water and Wastewater” and referred to as nonfilterable residue.

24. “Unpolluted water” is water of quality equal to or better than the effluent criteria in effect or water that would not cause violation of receiving water quality standards and would not be benefited by discharge to the sanitary sewers and wastewater treatment facilities provided.

25. “Wastewater” means the spent water of a community. From the standpoint of source, it may be a combination of the liquid and water-carried wastes from residences, commercial buildings, industrial plants, and institutions, together with any groundwater, surface water, and stormwater that may be present.

26. “Wastewater facilities” means the structures, equipment and processes required to collect, carry away, and treat domestic and industrial wastes and dispose of the effluent.

27. “Wastewater treatment works” means an arrangement of devices and structures for treating wastewater, industrial wastes, and sludge, sometimes used as synonymous with “waste treatment plant” or “water pollution control plant”. (Ord. 91-28 § 1, 1991; Ord. 78-18 Art. 1, 1979).

13.14.020 Deposit of objectionable waste upon public or private property.

It is unlawful for any person to place, deposit, or permit to be deposited in any unsanitary manner on public or private property within the town or in any area under the jurisdiction of the town, any human or animal excrement, garbage, or objectionable waste. (Ord. 78-18 Art. 2 § 1, 1979).

13.14.030 Unlawful discharge of polluted substances into natural outlets.

It is unlawful to discharge to any natural outlet within the town, or in any area under the jurisdiction of the town, any wastewater or other polluted waters, except where suitable treatment has been provided in accordance with subsequent provisions of this chapter. (Ord. 78-18 Art. 2 § 2, 1979).

13.14.040 Unlawful use or construction of private sewage disposal systems.

Except as hereinafter provided, it is unlawful to construct or maintain any privy, privy vault, septic tank, cesspool, or other facility intended or used for the disposal of wastewater. (Ord. 78-18 Art. 2 § 3, 1979).

13.14.050 Connection of sanitary sewer/wastewater disposal facilities required by owner.

The owner of all houses, buildings or properties used for human occupancy, employment, recreation or other purposes including commercial and industrial business and buildings that generate wastewater situated within the town and abutting on any street, alley, easement or right-of-way in which there is located a public sanitary sewer of the town is required at the owner’s expense, to connect any and all wastewater and toilet facilities directly with the proper public sewer in accordance with the provisions of this chapter and the public works development and construction standards within 90 days after date of official notice to do so; provided, that the public sewer is within 100 feet (30.5 meters) of the property line. (Ord. 93-02 § 4, 1993; Ord. 91-28 § 2, 1991; Ord. 78-18 Art. 2 § 4, 1979).

13.14.060 Private wastewater disposal systems – Requirements generally.

A. Where a public sanitary or combined sewer is not available under the provisions of EMC 13.14.050, the building sewer shall be connected to a private wastewater disposal system complying with the provisions of this section.

B. Before commencement of construction of a private wastewater disposal system, the owner shall first obtain a written permit from the town’s designated health agency, which presently is Pierce County health department, and submit the same to the town’s public works director for his approval. The owner shall abide by all the rules and regulations of the county health department and the town regarding the placement, construction, operation and maintenance of such private wastewater disposal system. In addition, the owner is required to enter into an agreement with the town that requires him not to protest the formation of a LID which would encompass his property for sewer purposes; to pay his proportionate share of the cost of extending sewers (pursuant to any sewer extension agreement extending the sewers) that will come within 100 feet of his property; and will extend such sewer line to the end of his property; and will connect at such time, paying the required hookup and system fees. Any sewer agreement signed pursuant to this section shall be recorded with the Pierce County auditor and shall be binding on the owners heirs and assigns and run with the land.

C. The owner(s) shall operate and maintain the private wastewater disposal facilities in a sanitary and proper operating manner at all times at no expense to the town.

D. No statement contained in this section shall be construed to interfere with any additional requirements that may be imposed by the health department. (Ord. 93-2 § 5, 1993; Ord. 91-28 §§ 3, 20, 1991; Ord. 78-18 Art. 3, 1979).

13.14.070 Building sewer – Connection permits – Required.

No unauthorized person(s) 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. 78-18 Art. 4 § 1, 1979).

13.14.080 Building sewer – Connection permits – Inspection – Fees.

A. The owner(s) or his agent shall make application to connect to the public sewer 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 public works director.

B. A permit and inspection fee for a residential, commercial or industrial building shall be paid to the town at the time the application is filed as set forth by town resolution.

C. Charges and rates for sewage as permitted by Chapter 35.67 RCW shall be set by resolution of the town council.

D. Sewer system fees and sewer hookup fees shall be set by resolution of the town council. (Ord. 93-03 § 1, 1993; Ord. 93-02 § 8, 1993; Ord. 91-28 § 4, 1991; Ord. 78-18 Art. 4 § 2, 1979).*

*Editor’s note: Ord. 91-28 had two sections numbered “4.” The other is codified at EMC 13.14.110.

13.14.090 Building sewer – Owner responsible for installation and connection costs.

All costs and expenses incidental to the installation and connection of the building sewer shall be borne by the owner(s). The owner(s) shall indemnify the town from any loss or damage that may directly or indirectly be occasioned by the installation of the building sewer. (Ord. 78-18 Art. 4 § 3, 1979).

13.14.100 Building sewer – Separate and independent connections required – Exception.

A separate and independent building sewer shall be provided for every building; except, where one building stands at the rear of another on an interior lot and no private sewer is available or can be constructed to the rear building through an adjoining alley, court, yard, or driveway, the front building may be extended to the rear building and the whole considered as one building sewer, but the town does not and will not assume any obligation or responsibility for damage caused by or resulting from any such single connection aforementioned. (Ord. 78-18 Art. 4 § 4, 1979).

13.14.110 Building sewer – Use of old sewers – Inspection – Costs.

Old building sewers may be used in connection with new buildings only when they are found, on examination and test by the public works director to meet all requirements of this chapter. The owner shall pay the costs associated with the examination and tests. (Ord. 91-28 § 4, 1991; Ord. 78-18 Art. 4 § 5, 1979).*

*Editor’s note: Ord. 91-28 had two sections numbered “4.” The other is codified at EMC 13.14.080.

13.14.120 Building sewer – Construction requirements.

The size, slope, alignment, materials of construction of a building sewer, and the methods to be used in excavating, placing of the pipe, jointing, testing, and backfilling the trench, shall all conform to the requirements of the building and plumbing code or other applicable rules and regulations of the town. In the absence of code provisions or in amplification thereof, the materials and procedures set forth in appropriate specifications of the ASTM and WPCF Manual of Practice No. 9 shall apply. (Ord. 78-18 Art. 4 § 6, 1979).

13.14.130 Building sewer – Elevation requirement.

Whenever possible, the building sewer shall be brought to the building at an elevation below the basement floor. In all buildings in which any building drain is too low to permit gravity flow to the public sewer, sanitary sewage carried by such building drain shall be lifted by an approved means and discharged to the building sewer. (Ord. 78-18 Art. 4 § 7, 1979).

13.14.140 Building sewer – Surface drainage disposal.

No person(s) shall make connection of roof downspouts, foundation drains, areaway drains, or other sources of surface runoff or groundwater to a building sewer or building drain, for purposes of disposal of surface drainage, which in turn is connected directly or indirectly to a public sanitary sewer, unless such connection is approved in writing by the public works director. If such a connection is discovered, the property owner must disconnect the drain from the sewer within 60 days or the town may shut off water service to the same sewer service site. (Ord. 91-18 § 6, 1991; Ord. 78-18 Art. 4 § 8, 1979).*

*Editor’s note: Ord. 91-28 had two sections numbered “6.” The other is codified at EMC 13.14.150.

13.14.150 Building sewer – Connection to public sewer.

The connection of the building sewer into the public sewer shall conform to the requirements of the building and plumbing code of the town and to “The Town of Eatonville Public Works Development and Construction Standards,” as from time to time amended by the public works director, or other applicable rules and regulations of the town, or the procedures set forth in appropriate specifications of the ASTM and the WPCF Manual of Practice No. 9. All such connections shall be made gastight and watertight and verified by proper testing. Any deviation from the prescribed procedures and materials must be approved by the public works director before installation. (Ord. 91-28 § 6, 1991; Ord. 78-18 Art. 4 § 9, 1979).*

*Editor’s note: Ord. 91-28 had two sections numbered “6.” The other is codified at EMC 13.14.140.

13.14.160 Building sewer – Applicant to notify superintendent for inspection and connection.

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 and testing shall be made under the supervision of the superintendent or his representative. (Ord. 78-18 Art. 4 § 10, 1979).

13.14.170 Building sewer – Excavations for installation.

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 work shall be restored in a manner satisfactory to the town. (Ord. 78-18 Art. 4 § 11, 1979).

13.14.180 Discharge of unpolluted waters to sanitary sewer prohibited.

No person(s) shall discharge or cause to be discharged any unpolluted waters such as stormwater, groundwater, roof runoff, subsurface drainage, or cooling water to any sewer. (Ord. 91-28 § 21, 1991; Ord. 78-18 Art. 5 § 1, 1979).

13.14.190 Use of storm sewers.

Stormwater 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 town engineer and other regulatory agencies. Unpolluted industrial cooling water or process waters may be discharged only by written approval of the public works director or town engineer to a storm sewer or natural outlet. (Ord. 91-28 § 8, 1991; Ord. 78-18 Art. 5 § 2, 1979).

13.14.200 Public sewers – Prohibited discharges.

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

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

B. Any waters containing toxic or poisonous solids, liquids, or gases in sufficient quantity, either singly or by interaction with other wastes, to injure or interfere with any waste treatment process, constitute a hazard to humans or animals, create a public nuisance, or create any hazard in the receiving waters of the wastewater treatment plant;

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

D. Solid or viscous substances in quantities or of such size capable of causing obstruction to the flow in sewers, or other interference with the proper operation of the wastewater facilities such as, but not limited to, ashes, bones, cinders, sand, mud, straw, shavings, metal, glass, rags, feathers, tar, plastics, wood, unground garbage, whole blood, paunch manure, hair and fleshings, entrails and paper dishes, cups, milk containers, etc., either whole or ground by garbage grinders. (Ord. 78-18 Art. 5 § 3, 1979).

13.14.210 Restrictions on concentrations and quantities of waste discharged to sanitary sewer.

The following described substances, materials, waters, or waste shall be limited in discharges to municipal systems to concentrations or quantities which will not harm either the sewers, wastewater treatment process or equipment, will not have an adverse effect on the receiving body of water, or will not otherwise endanger life, limb, public property, or constitute a nuisance. The engineer may set limitations lower than the limitations established in the regulations below if in his opinion such more severe limitations are necessary to meet the above objectives. In forming his opinion as to the acceptability, the public works director or town engineer will give consideration to such factors as the quantity of subject waste in relation to flows and velocities in the sewers, materials of construction of the sewers, the wastewater treatment process employed, capacity of the wastewater treatment plant, degree of treatability of the waste in the wastewater treatment plant, and other pertinent factors. The limitations or restrictions on materials or characteristics of waste or wastewaters discharged to the sanitary sewer which shall not be violated without approval of the public works director or town engineer are as follows:

A. Wastewater having a temperature higher than 150 degrees Fahrenheit (65 degrees Celsius);

B. Wastewater containing more than 25 milligrams per liter of petroleum oil, non-biodegradable cutting oils, or product of mineral oil origin;

C. Wastewater from industrial plants and commercial establishments containing floatable oils, fat, or grease;

D. Any garbage that has not been properly shredded, as defined in EMC 13.14.010(14). Garbage grinders may be connected to sanitary sewers from homes, hotels, institutions, restaurants, hospitals, catering establishments, or similar places where garbage originates from the preparation of food in kitchens for the purpose of consumption on the premises or when served by caterers;

E. Any waters or wastes containing iron, chromium, copper, zinc, and similar objectionable or toxic substances to such degree that any such material received in the composite wastewater at the wastewater treatment works exceeds the limits established by the engineer for such materials;

F. Any water or wastes containing odor-producing substances exceeding limits which may be established by the engineer;

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

H. Quantities of flow, concentrations, or both which constitute a “slug” as defined in EMC 13.14.010(20);

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

J. Any water or wastes which, by interaction with other water or wastes in the public sewer system, release obnoxious gases, form suspended solids which interfere with the collection system, or create a condition deleterious to structures and treatment processes. (Ord. 91-28 §§ 9, 10, 1991; Ord. 78-18 Art. 5 § 4, 1979).

13.14.220 Alternatives to acceptance of waste prohibited in EMC 13.14.210.

If any waters or wastes as determined under EMC 13.14.270 are discharged or are proposed to be discharged to the public sewers, which waters contain the substances or possess the characteristics enumerated in EMC 13.14.213, and which in the judgment of the public works director or town engineer may have a deleterious effect upon the wastewater facilities, processes, equipment or receiving waters, or which otherwise create a hazard to life or constitute a public nuisance, the engineer may:

A. Reject the wastes;

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

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

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

When considering the above alternatives, the public works director or the town engineer shall give consideration to the economic impact of each alternative on the discharger. If the public works director or town engineer permits the pretreatment or equalization of waste flows, the design and installation of the plants and equipment shall be subject to the review and approval of the public works director or town engineer. (Ord. 91-28 § 11, 1991; Ord. 78-18 Art. 5 § 5, 1979).

13.14.230 Grease, oil and sand separators.

Grease, oil and sand separators shall be provided when, in the opinion of the public works director or town engineer, they are necessary for the proper handling of liquid wastes containing floatable grease in excessive amounts, as specified in EMC 13.14.210(C), or any flammable wastes, sand, or other harmful ingredients; except, that such separators shall not be required for private living quarters or dwelling units. All separators shall be of a type and capacity approved by the public works director or town engineer and shall be located as to be readily and easily accessible for cleaning and inspection. In the maintaining of these separators, the owner(s) shall be responsible for the proper removal and disposal by appropriate means of the captured material and shall maintain records of the dates and means of disposal which are subject to review by the public works director or the town engineer. Any removal and hauling of the collected materials not performed by the owner(s)’ personnel shall be performed by currently licensed waste disposal firms. (Ord. 91-28 § 12, 1991; Ord. 78-18 Art. 5 § 6, 1979).

13.14.240 Pretreatment or flow-equalizing facilities – Maintenance by owner.

Where pretreatment or flow-equalizing facilities are provided or required for any waters or wastes, they shall be maintained continuously in satisfactory and effective operation by the owner(s) at his expense. (Ord. 78-18 Art. 5 § 7, 1979).

13.14.250 Installation of structure for testing of industrial waste when carried by building sewer.

When required by the public works director or the town engineer, the owner of any property serviced by a building sewer carrying industrial wastes shall install a suitable structure, together with such necessary meters and other appurtenances in the building sewer to facilitate observation, sampling and measurement of the wastes. Such structure, when required, shall be accessibly and safely located and shall be constructed in accordance with plans approved by the public works director or the town engineer. The structure 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. 91-28 § 13, 1991; Ord. 78-18 Art. 5 § 8, 1979).

13.14.260 Users required to provide information to determine compliance with chapter provisions.

The superintendent and/or engineer may require a user of sewer services to provide information needed to determine compliance with this chapter. These requirements may include:

A. Wastewaters discharge peak rate and volume over a specified time period;

B. Chemical analyses of wastewaters;

C. Information on raw materials, processes, and products affecting wastewater volume and quality;

D. Quantity and disposition of specific liquid, sludge, oil, solvent, or other materials important to sewer use control;

E. A plot plan of sewers of the user’s property showing sewer and pretreatment facility location;

F. Details of wastewater pretreatment facilities;

G. Details of systems to prevent and control the losses of materials through spills to the municipal sewer. (Ord. 78-18 Art. 5 § 9, 1979).

13.14.270 Measurements, tests, and analyses – Standards.

All measurements, tests, and analyses of the characteristics of waters and wastes to which reference is made in this chapter shall be determined in accordance with the latest edition of “Standard Methods for the Examination of Water and Wastewater” published by the American Public Health Association. Sampling methods, location, times, durations, and frequencies are to be determined on an individual basis subject to approval by the engineer. Before any matter of any nature may be discharged into the sewer system, which discharge might reasonably be considered a violation of this chapter, a controlling characteristic of such matter shall be determined to the satisfaction of the public works director. The responsibility of initiating such determination, the costs involved, and of submitting the results of the determination for approval, lie solely with the party or parties desiring to discharge the matter into the sewer system. Verification of these results and the decisions as to whether or not a permit shall be issued shall be the responsibility of the public works director. (Ord. 91-28 § 14, 1991; Ord. 78-18 Art. 5 § 10, 1979).

13.14.280 Special agreements between town and industrial concern for treatment of unusually strong waste.

No statement contained in EMC 13.14.180 through 13.14.270 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. (Ord. 78-18 Art. 5 § 11, 1979).

13.14.290 Destruction or defacement of wastewater equipment or structures prohibited.

No person(s) shall maliciously, wilfully, or negligently break, damage, destroy, uncover, deface, or tamper with any structure, appurtenance or equipment which is a part of the wastewater facilities. Any person(s) violating this provision shall be subject to immediate arrest under charge of disorderly conduct. (Ord. 78-18 Art. 6 § 1, 1979).

13.14.300 Inspectors – Right of entry to premises.

The superintendent and other duly authorized employees of the town bearing proper credentials and identification shall be permitted to enter all properties for the purposes of inspection, observation, measurement, sampling, and testing pertinent to discharge to the community system in accordance with the provisions of this chapter. (Ord. 78-18 Art. 7 § 1, 1979).

13.14.310 Inspectors – Authority to obtain information concerning industrial processes.

The superintendent or other duly authorized employees are authorized to obtain information concerning industrial processes which have a direct bearing on the kind and source of discharge to the wastewater collection system. The industry may withhold information considered confidential. The industry must establish that the revelation to the public of the information in question might result in an advantage to competitors. (Ord. 78-18 Art. 7 § 2, 1979).

13.14.320 Inspectors – Liability of town for personal injury or property damage.

While performing the necessary work on private properties, referred to in EMC 13.14.300, the superintendent or duly authorized employees of the town shall observe all safety rules applicable to the premises established by the company, and the company shall be held harmless for injury or death to the town employees, and the town shall indemnify the company against loss or damage to its property by the town employees and against liability claims and demands for personal injury or property damage asserted against the company and growing out of the gauging and sampling operation, except as such may be caused by negligence or failure of the company to maintain safe conditions as required in EMC 13.14.250. (Ord. 78-18 Art. 7 § 3, 1979).

13.14.330 Inspectors – Entry and work on private property when easement granted.

The superintendent and other duly authorized employees of the town bearing proper credentials and identification shall be permitted to enter all private properties through which the town holds a duly negotiated easement for the purposes of, but not limited to, inspection, observation, measurement, sampling, repair and maintenance of any portion of the wastewater facilities lying within said easement. All entry and subsequent work, if any, on said easement, shall be done in full accordance with the terms of the duly negotiated easement pertaining to the private property involved. (Ord. 78-18 Art. 7 § 4, 1979).

13.14.340 Granting of variance to existing buildings required to hook up to sewer system.

A. Owners of existing residences, buildings or lots which are required to hook up to the sewer system due to the extension of an existing sewer system to within 100 feet of their buildings, and which residence, building or lot has an existing approved private wastewater disposal system may apply to the town for a variance from the requirement of hooking to the system only if this requirement would provide a true financial hardship. The variance may be granted in writing by the public works director for up to two years. If a variance is requested for over two years, the variance must be acted on by the town council for no more than six years or until one of the following events take place whichever occurs sooner at which time the improvements shall be connected to the public sewer in accordance with the town’s requirements and all hookup and connection fees paid:

1. The property is sold;

2. Additional bedrooms are added to the residence or wastewater volume for commercial buildings is increased or the commercial use is changed that will generate more wastewater;

3. The private wastewater disposal system is not properly functioning and a repair requiring a repair permit is needed. A variance application with a filing fee of $25.00 shall be filed with the town clerk by those requesting a variance for the required connection.

B. As a condition to granting the variance the owner shall sign a document agreeing to comply with the above conditions, which document may be recorded and shall run with the land. In addition, if the variance is for more than two years the owner shall pay the monthly sewer charge. (Ord. 93-02 § 6, 1993; Ord. 91-28 § 15, 1991; Ord. 78-18 Art. 10, 1979).

13.14.345 Sewer extension – New and existing lots/buildings.

Sewer extension to serve new developments, short plats, subdivisions or new construction shall be required to extend the sewer main along the right-of-way to the extended far boundary line of the subject property. Property owners of existing buildings with property lines within 100 feet of the end of a sewer line may connect to the sewer without extending the main to the far side of the property if they enter into an agreement with the town to pay their proportionate share of the main line when the line is extended. This agreement shall be recorded and run with the land. (Ord. 93-02 § 7, 1993).

13.14.350 Damaging or tampering with system prohibited.

No unauthorized person shall maliciously, wilfully or negligently break, damage, destroy, uncover, deface or tamper with any structure, appurtenance or equipment which is a part of the municipal sewage works. (Ord. 91-28 § 16, 1991).

13.14.360 Discharging septic tank waste into system prohibited.

It is unlawful for anyone to discharge the contents of any septic tank, cesspool or chemical toilet into the sewer system of the town. (Ord. 91-28 § 17, 1991).

13.14.370 No vested sewer discharge rights.

The fact that any matter has been discharged into the sewer system prior to the passage of the ordinance codified in this chapter or subsequent thereto, without objection, does not constitute a valid right to discharge such matter. Upon discovery by the public works director that any matter being discharged into the sewer does not conform to the requirements of this chapter, the public works director may immediately stop the discharge of such matter into the sewer system. (Ord. 91-28 § 18, 1991).

13.14.380 Charges, rates and fees.

A. Charges and rates for sewage, as permitted by Chapter 35.67 RCW, shall be set by resolution of the town council.

B. Sewer system fees for property shall be set by resolution of the town council. (Ord. 93-03 § 1, 1993; Ord. 91-18 § 1, 1991; Ord. 78-4 §§ 1, 2, 3, 1978; Ord. 200 §§ 1, 2, 1964).

13.14.390 Connection – Permit – Application – Conditions – Charge.

Sewer connection charges in lieu of assessments:

A. Persons owning property within the corporate limits of the town adjacent to and abutting on the sanitary sewer system, which property has not previously been assessed for sanitary sewer improvements may connect to and discharge into the sewer system upon receipt of a permit issued by the town clerk.

B. Such permit shall be issued only upon written application of the owner and only after all sewer connection charges and all sewer system fees as established by the town for all improvement(s) to be served on the property have been paid.

C. Additional sewer system fees may be required for changes in use of the property or for changes in the facilities on the property that will increase the quantity of sewage volume or characteristics, for uses other than single-family residence. The town shall maintain adequate records to determine the amount of fees paid and the type of improvements serviced by the connection. (Ord. 93-03 § 1, 1993; Ord. 93-02 § 1, 1993; Ord. 200 § 3, 1964).

13.14.400 Fees received – Disposition of funds.

All sewer hook up and system fees received shall be considered revenue of the sanitary disposal system. (Ord. 93-03 § 1, 1993; Ord. 93-02 § 2, 1993; Ord. 200 § 4, 1964).

13.14.410 Connection – Payment of fees – Required for LID No. 16.

All property owners within the area included in Local Improvement District No. 16 whose property is improved by a building requiring sanitary sewer service shall be compelled to connect their private sewers to the town sanitary sewage disposal system and to pay the sewer connection fees and the monthly charges for sewage disposal as herein provided. All such property not actually connected to the town sanitary sewage disposal system within 30 days of the date of adoption of the ordinance codified in this chapter shall nevertheless be assessed the monthly sewer disposal rates applicable to such property. (Ord. 93-03 § 1, 1993; Ord. 93-02 § 3, 1993; Ord. 200 § 5, 1964).

13.14.420 Delinquent charges – Interest.

All delinquent sewer service charges shall bear interest at the rate of seven percent per year. (Ord. 93-03 § 1, 1993; Ord. 200 § 6, 1964).

13.14.430 Lien – Enforcement – Alternative method.

A. As an additional and concurrent method of enforcing the lien authorized by Chapter 35.67 RCW, the town clerk may enforce the lien for delinquent sewage disposal charges more than 90 days delinquent, by cutting off the water services from the premises to which such sewer service charges were furnished until the delinquent charges are paid.

B. The right to enforce such lien by cutting off and refusing water service shall not be exercised after two years from the date of recording of a sewage lien notice, except to force payment of six month’s charges for which no lien is required to be recorded. (Ord. 93-03 § 1, 1993; Ord. 200 § 7, 1964).

13.14.440 Sewer account – Change of ownership – Notice.

All charges shall be made against the property as well as the tenant or owner thereof. No change in ownership, tenancy, or occupancy shall affect the application of this section. It shall be the responsibility of the owner to notify the town upon change of ownership. (Ord. 93-03 § 1, 1993; Ord. 91-18 § 3, 1991).

13.14.450 Sewer bills – When due – Penalty.

All bills for sewer service shall be due and payable no later than 25 days after date of billing, and if not paid on or before such date, the town may, after five days, in its discretion, discontinue and shut off water to the premises at any time with notice to the delinquent party. When service has been shut off, reconnection will be made only after payment of all back charges for service rendered to the premises, and correction of any other violation of this chapter and payment of the reconnection fee established by the town. The present reconnection fee is $25.00 during normal working hours, and $50.00 on weekends or holidays. Future reconnection charges may be set by resolution of the town council. If the bill remains unpaid 25 days after date of mailing, the town may impose a $5.00 late assessment charge on each month’s delinquent bill. Reconnection shall only performed by town employees. Unauthorized reconnection by persons other than town employees, without express written consent of the mayor or public works director, shall result in an additional $25.00 assessment charge. (Ord. 93-03 § 1, 1993; Ord. 91-22 § 4, 1991).

13.14.460 Sewer bills – Enforcement of collections.

As the sewer system of the town was incorporated and made a part of the water system of the town, the town enforcement of collections of all rates and charges set forth in this chapter is the same as for the rates and charges for water consumption, including application of the lien laws and the cutting off of water service to force payment of sewerage charges, as provided by the laws of the state. (Ord. 93-03 § 1, 1993; Ord. 91-18 § 5, 1991).

13.14.470 Sewer main extensions – Plans and fees required when.

All sewer main extensions financed by other than town funds must have the design plans approved by the town. Plan review fees shall be $25.00 per hour and/or the actual cost of the consulting engineer fees, if required by the public works director. Field inspection fees shall be at the rate of one-half of one percent of actual construction bid costs or $100.00, whichever is greater. (Ord. 93-03 § 1, 1993; Ord. 91-18 § 7, 1991).

13.14.480 Service connections outside town – Rates and charges.

A. Sewer system fees, hookup charges, permit fees and inspection fees for connections outside the corporate limits of the town shall be at the same rates, fees and charges as within the corporate limits of the town plus a 50 percent surcharge. Monthly sewer rate usage charges for customers outside the corporate limits of the town shall be at the same rate as within the corporate limits of the town.

B. Before connection is made with the municipal sewer system, the property owner whose property is to be serviced by such extension shall execute a bill of sale to the town for the sewer main and appurtenances, and an easement, if required by the town, for the sewer main and appurtenances.

C. Whenever any one or more persons outside the corporate limits of the town, not already furnished with sewer service by the town, desires the system to be extended so as to furnish any premises with sewer service which are not already connected with the system, such person or persons shall apply to the town to have such sewer service so extended. Such application shall designate the premises to be supplied and the number of services desired together with the plans and specifications for the extension. In addition, if the area to which service is to be extended cannot be legally annexed by the town, the property owner desiring service shall complete an out-of-town sewer user agreement prior to the issuance of any permit. Should such permits be granted, the applicants shall, at their own expense, install all necessary mains or pipes and appurtenances according to the specifications of the town, and furnish or perform all labor, and shall also, at their own expense, provide side sewers for each premises to be supplied for such extension. Before connecting such pipe with the sewer system, the property owner to be supplied by such extension shall execute a bill of sale to the town for the sewer main and appurtenances together with an easement, if required by the town, for the water main and appurtenances. (Ord. 93-03 § 1, 1993; Ord. 91-18 § 7, 1991).

13.14.490 Connections within town limits.

A. Whenever there is need for extension, repair or replacement of distribution mains, the following methods are available:

1. Formation of a local improvement district as set forth in the Revised Code of Washington;

2. Private funding with the option of latecomer agreement;

3. Other funding methods allowed by law and approved by the town council.

B. Before connecting such pipe with the sewer system, the property owner to be supplied by such extension shall execute a bill of sale to the town for the water main and appurtenances together with an easement, if required by the town, for the water main and appurtenances.

C. The charges may include assessments in lieu of LID, charges under latecomer agreements, permit fees, system fees, inspection fees and any additional fees imposed by the town. (Ord. 93-03 § 1, 1993; Ord. 91-18 § 8, 1991).

13.14.500 Failure to connect building sewer – Town to perform work when – Costs.

In the event the building sewer and connection are not made within the time provided for in this chapter, following notice, the public works director is authorized and directed to cause the same to be made and to file a statement of the cost with the clerk, and thereupon a warrant shall be issued under the direction of the town attorney against the water-sewer fund for the payment of such cost. The cost, together with a penalty of 15 percent thereof, plus interest at the annual statutory judgment interest rate upon the total amount of the cost and penalty, shall be assessed against the property upon which such building sewer and connection has not been placed as required, and shall become a lien thereon as provided in this chapter. Such total amount, when collected, shall be paid into the water-sewer fund. (Ord. 93-03 § 1, 1993; Ord. 91-18 § 9, 1991).

13.14.510 Use restrictions.

No person supplied with sewer service from the town mains shall be entitled to use it for any purpose other than those stated in the application, or to supply other persons or families in any way or for any purpose, without first securing a permit to do so from the public works director. (Ord. 93-03 § 1, 1993; Ord. 91-18 § 10, 1991).

13.14.520 Public works water development and construction standards.

All persons within the town, all persons in the area served by the sewer distribution system of the town, and all persons who desire to be served by the sewer distribution of the town, shall meet the “Town of Eatonville Public Works Design, Development and Construction Standards,” as time to time revised and reissued by the public works director. A copy of the current standards shall be on file with the town clerk. (Ord. 93-03 § 1, 1993; Ord. 91-18 § 11, 1991).

13.14.530 Violation – Penalty – Additional remedies.

Any knowing violation of the provisions of this chapter or any knowing failure to comply with the requirements of this chapter or any of the provisions of any other ordinances of the town relating to sewer regulations, shall be a misdemeanor and any person, firm or corporation found guilty thereof shall be punished by a fine not to exceed $1,000 and the water shall be turned off and remain so until the penalty and all other charges due are paid; provided, that the penalties shall not apply to violations of sections of the sewer ordinances of the town for which specified penalties have been provided. In addition there to, any person, firm or corporation violating any of the provisions of this chapter shall be liable to the town for any expense, loss or damage occasioned by the town by reason of such violation. (Ord. 93-03 § 1, 1993; Ord. 91-18 § 12, 1991).