Chapter 14.08 SEWER REGULATIONS AND RATES

Prior legislation: 1958 Code §§ 7.08.010, 7.08.030, 7.08.150 and Ords. 1079, 1145, 1205, 1209, 1266, 1299, 1342, 1406, 1407, 1459, 1607, 1706, 1772, 1838, 1922, 1958, 2007, 2294, 2429, 2557, 2579, 2600, 2652, 2669, 2671, 2723, 2754.

14.08.010 Purpose and application.

This chapter sets forth uniform requirements for persons discharging domestic wastewater to the POTW to comply with all applicable federal and state laws and regulations, local ordinances, and this chapter. This chapter shall apply to all persons discharging wastewater to the POTW, and to any person needing to make a connection to the POTW.

The purpose of this chapter includes, but is not limited to, the following:

A. To protect the POTW by preventing the introduction of pollutants to the POTW that may interfere with its operation, or be incompatible with, or otherwise cause damage to, the POTW;

B. To prevent the introduction of pollutants to the POTW that will pass through if inadequately treated prior to discharge into receiving waters;

C. To protect personnel who may be affected by wastewater and biosolids in the course of their employment and to protect the general public;

D. To enable the city to comply with its NPDES permit conditions, federal and state requirements applicable to biosolids use and disposal, and any other federal or state laws and regulations to which the POTW is subject; and

E. To require persons regulated by this chapter to pay applicable rates and fees to reasonably distribute the cost to operate, maintain, and improve the POTW. (Ord. 2768 § 1 (Exh. A), 2023).

14.08.020 Administration.

A. Administration. The control authority shall administer this chapter in accordance with the purposes set forth herein and applicable federal and state laws, regulations, and applicable city ordinances, policies, and procedures. In the event there is a conflict between this chapter and: (1) a provision contained within it; (2) a permit issued by the city; or (3) an applicable federal or state law or regulation, the requirement(s) that are more protective of human health and the environment shall apply.

B. Responsibility for Compliance. It is the intent of this chapter to place the responsibility for complying with its requirements, and any control mechanism, authorization or approval granted pursuant to this chapter, upon the responsible person, as that term is defined in this chapter.

C. Liberal Construction. The provisions of this chapter shall be held to be minimum requirements in their interpretation and application and shall be liberally construed to serve the purposes of this chapter. (Ord. 2768 § 1 (Exh. A), 2023).

14.08.030 Mandatory sewer service.

A. All domestic wastewater shall be discharged to the POTW or to an authorized septic system. This obligation applies to the owner of premises and to persons in possession, charge or control of the premises where a discharge of wastewater originates.

B. This chapter does not create rights for any individual or group to require construction of public sewers, connection thereto, or otherwise to receive sewer service from the city. The city reserves all rights to deny, limit, or curtail service. (Ord. 2768 § 1 (Exh. A), 2023).

14.08.040 Abbreviations.

ADU	Accessory dwelling unit
BOD5	Biochemical oxygen demand, five-day
BMPs	Best management practices
cf.	Cubic feet
ccf.	Hundred cubic feet
CWA	Clean Water Act
EMC	Enumclaw Municipal Code
EPA	United States Environmental Protection Agency
LID	Local improvement district
NPDES	National Pollutant Discharge Elimination System
O&M manual	Operation and maintenance manual
POTW	Publicly owned treatment works
RCW	Revised Code of Washington
TSS	Total suspended solids
WAC	Washington Administrative Code

(Ord. 2768 § 1 (Exh. A), 2023).

14.08.050 Definitions.

“Accessory dwelling unit” or “ADU” means a second subordinate dwelling unit located on the same lot as a single-family dwelling (hereinafter referred to as the “main dwelling”) and either within the same building as the main dwelling or in a detached building, with a provision for independent cooking, living, sanitation, and sleeping.

“Approval” means the determination by the control authority that the proposed or completed work or activity conforms to this chapter.

“Availability” means those premises which are determined to have a wastewater sewer available for connection to the premises.

“Best management practices” or “BMPs” means schedules of activities, prohibitions of practices, general good housekeeping practices, pollution prevention and education practices, maintenance procedures, and structural or managerial practices to prevent or reduce the discharge of pollutants directly or indirectly to POTW.

“Biochemical oxygen demand, five-day” or “BOD5” means the quantity of oxygen used in the biochemical oxidation of organic matter under standard laboratory procedure in five days at 20 degrees Celsius, expressed in parts per million or milligrams per liter (mg/L) by weight, using methods approved under 40 CFR Part 136.

“Biosolids” means municipal sewage sludge resulting from the wastewater treatment process.

“City” means the city of Enumclaw, Washington, a municipal corporation organized and existing under and by virtue of the laws of the state of Washington. The phrase “within the city” means within the city boundaries as now or hereafter constituted.

“Clean Water Act” or “CWA” means both the federal Water Pollution Control Act, as may be amended (33 U.S.C. 1251 et seq.) and the state Water Pollution Control Act at Chapter 90.48 RCW, as may be amended.

“Cleanout” means a section of pipe that extends from the underground private side sewer to the ground surface which is used to access the private side sewer for the purposes of cleaning and inspecting the private side sewer.

“Condominium” means real property, portions of which are designated for separate ownership and the remainder of which is designated for common ownership solely by the owners of those portions. Real property is not a condominium unless the undivided interests in the common elements are vested in the unit owners and unless a declaration and a survey map and plans have been recorded pursuant to Chapter 64.34 RCW.

“Control authority” means the city’s public works department, its director and its authorized representatives.

“Control mechanism” means a special approved discharge authorization, a letter, a written authorization to discharge, or any other written notice of discharge requirements issued by the control authority.

“Customer” means the person responsible for paying wastewater rates.

Days. Unless otherwise indicated, “days” means calendar days.

“Direct connection” means any piped connection to the private side sewer that conveys stormwater or surface water to the POTW. Examples of direct connections include roof drains, sump pumps, footing drains, area drains, yard drains, and driveway drains.

“Director” means the city’s director of the public works department who is designated to supervise the implementation and enforcement of this chapter or the director’s duly authorized representative.

“Domestic user” means any person who contributes, causes, or allows the contribution of wastewater to the POTW that is of a volume and chemical makeup similar to that of a residential dwelling unit.

“Domestic wastewater” means water carrying human wastes, including kitchen, bath, and laundry wastes from residences, buildings, industrial establishments and other places, which is similar in volume or chemical composition to wastewater discharged from a residential dwelling unit.

“Educational flyer” means the document prepared by the city that provides educational information to property owners regarding the condition of side sewers and private ownership and maintenance responsibilities.

“Equivalent residential unit,” or “ERU,” for sewer means that measure of water usage estimated to be discharged to the sewer on an average daily basis for the city residential customer class as determined from the city utility billing records.

“Groundwater” means water in a saturated zone or stratum beneath the surface of the land or below a surface water body.

“Holding tank waste” means sewage, including typically associated solids, from domestic activities pumped from a septic tank serving one or more private residences or a chemical toilet, or tanks within recreational vehicles, campers, trailers, and vessels.

“Illicit connection” means any unauthorized connection to the POTW.

“Industrial user” means a nondomestic source of an indirect discharge or any other industrial or commercial facility or business that has a sewer connection to the POTW, whether or not the industrial user discharges nondomestic wastewater.

“Industrial waste” or “nondomestic waste” means a liquid or solid waste from industrial manufacturing processes, or trade or business activities distinct from domestic wastewater.

“Industrial wastewater discharge permit” means a control mechanism issued by the state Department of Ecology to an industrial user that allows, limits and/or prohibits the discharge of pollutants or flow to the POTW.

“Inflow and infiltration” or “I&I” refers to groundwater or stormwater entering a POTW. Inflow refers to stormwater entering such system at points of direct connection such as footing/foundation drains, roof drains, downspouts, drains from window wells, outdoor basement stairwells, drains from driveways, groundwater/basement sump pumps, and even streams. Infiltration refers to groundwater that enters a POTW through cracks and/or leaks in the sanitary sewer pipes.

“Interference” means a discharge which alone or in combination with other discharges:

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

2. Causes a violation of the city’s NPDES permit (including an increase in the magnitude or duration of a violation) or the prevention of sewage sludge use or disposal in compliance with any of the following statutory or regulatory provisions or permits issued thereunder, or any more stringent state or local regulations: Section 405 of the Federal Clean Water Act; the Solid Waste Disposal Act (SWDA), including Title II commonly referred to as the Resource Conservation and Recovery Act (RCRA); any state regulations contained in any state sludge management plan prepared pursuant to Subtitle D of the Solid Waste Disposal Act; the Clean Air Act; the Toxic Substances Control Act; and the Marine Protection, Research, and Sanctuaries Act.

“Multiple-family residence” means any premises consisting of two or more living units served through a single water meter.

“Owner” means any individual, corporation, or entity that holds the title to real property as shown by the King County assessor’s records.

“Pass through” means a discharge which exits the POTW into waters of the United States or the state in quantities or in concentrations which, alone or in conjunction with a discharge or discharges from other sources, causes a violation of any requirement of the city’s NPDES permit, including an increase in the magnitude or duration of a violation.

“Person” means any individual, partnership, copartnership, firm, company, association, joint stock company, trust, estate, society, corporation, group, government, governmental agency or other legal entity, and their legal representatives, agents, or assigns. The definition includes all federal, state, and local government entities.

“pH” means the negative logarithm of the effective hydrogen-ion concentration or hydrogen activity in gram equivalents per liter used in expressing both acidity and alkalinity on a scale whose values run from zero to 14, with seven representing neutrality. Values lower than seven are more acidic, and higher values are more alkaline.

“Pollutant” means any dredged spoil, solid waste, incinerator residue, filter backwash, sewage, garbage, sewage sludge, explosives, munitions, medical waste, chemical wastes, corrosive substance, biological material, biological nutrient, toxic substance, radioactive materials, malodorous substance, wrecked or discharged equipment, rock, sand, slurry, cellar dirt, untreatable waste, or industrial, domestic, or agricultural wastes and certain characteristics of wastewater (e.g., pH, temperature, TSS, turbidity, color, BOD5, COD, toxicity or odor).

“POTW” means a treatment works, as defined by 33 U.S.C. Section 1292(2), which is owned and operated by the city. The term generally refers to any devices and systems used in the conveyance, storage, treatment, recycling and reclamation of municipal sewage and industrial wastes of a liquid nature. A reference to the POTW means and refers to the POTW owned or operated by the city, unless a different meaning is otherwise plainly required.

“Premises” means a continuous tract of land, building, or group of adjacent buildings under a single control with respect to use of water and responsibility for payment therefor. Subdivision of such use or responsibility shall constitute a division into separate premises as herein defined, except where more than one dwelling is being served through the same water meter, in which case each of said dwellings shall constitute a separate premises and shall be subject to the same separate charges as if separate single-family dwellings.

“Pretreatment” means the reduction of the amount of pollutants, the elimination of pollutants, or the alteration of the nature of pollutant properties in wastewater prior to, or in lieu of, discharging or otherwise introducing such pollutants to the POTW. The reduction or alteration may be obtained by physical, chemical, or biological processes, process changes, or by other means, except as prohibited by 40 CFR Part 403.6(d).

“Private side sewer” and “side sewer” means the sewage conveyance pipe owned by the property owner that extends from approximately two feet outside of a building or structure to the connection at the POTW. In most circumstances, a portion of the private side sewer/side sewer extends into public streets or alleys connecting to the public sewer main.

“Public record” shall have the meaning given pursuant to RCW 42.56.010.

“RCW” means the Revised Code of Washington as now or hereafter amended.

“Real estate professional” means the person(s) responsible for representing a buyer/seller or potential buyer/seller in the purchase transaction of a real property.

“Residential ratepayer” means a citizen who lives in a private residence within the city limits of Enumclaw and has a wastewater utility account in their name.

“Responsible person” means any of the following: the owner of the building, premises, structure, or land that is subject to the regulation alleged to have been violated; an occupant, or other person, in control of the building, premises, structure, or land that is subject to the regulation alleged to have been violated; a developer, builder, business operator, or owner who is developing, building, or operating a business on the building, premises, structure, or land that is subject to the regulation alleged to have been violated; any person who created, caused, or has allowed the violation to occur; or any person causing, allowing, or knowingly participating in the violation.

“Sanitary sewers” means those portions of the POTW that collect and convey wastewater to a treatment plant.

“Sell” or “transfer of title” means the sale or transfer of an entire real property estate or the fee interest in that real property estate and does not include the sale or transfer of a partial interest, including a leasehold.

“Single-family residence” means:

1. Any building or portion thereof which contains living facilities, including provisions for sleeping, eating, cooking, and sanitation, for use by not more than one family; or

2. Any unit within a multifamily complex which contains living facilities, including provisions for sleeping, eating, cooking, and sanitation, for use by not more than one family that are served by a separate water meter.

“Supplemental fees” means charges that may be assessed to a responsible person by the control authority to recover the costs it incurs to address and respond to a violation of this chapter, including, but not limited to: (1) personnel costs, both direct and indirect; (2) costs to investigate, contain, and abate the discharge, including cleaning up any contamination caused by the discharge that may be present within the POTW, at the point of discharge, or in the receiving environment; (3) costs to respond to a discharge causing pass through, interference, or damage to biosolids; (4) costs to document and enforce a violation of this chapter; (5) costs to hire a contractor(s) or consultant(s) to respond to such violations; (6) laboratory costs and analytical expenses; (7) costs for equipment, materials, and supplies; (8) mobilization, transportation, treatment, storage, and disposal costs; (9) attorneys’ fees, when authorized; (10) costs required for printing or mailings; and (11) costs to collect unpaid supplemental fees.

“Tampering” or “tamper” means any action taken to alter, bypass, damage or disable a monitoring device that would render it inaccurate.

“Total suspended solids” or “TSS” means solids that either float on the surface of or are suspended in water, sewage, or other liquid, and which are removable by laboratory filtering in accordance with procedures approved in 40 CFR Part 136, as amended.

“User” means an industrial user, and any property owner, business owner, multifamily residential property owner, tenant, residential homeowner or homeowner’s association/representative group, or any other individual, company, or vessel residing and/or conducting business within Enumclaw that discharges wastewater or stormwater directly or indirectly to the POTW.

“Wastewater” or “wastestream” means liquid and water-carried industrial wastes, holding tank waste, and domestic wastes from residential dwellings, commercial buildings, industrial and manufacturing facilities, and institutions, whether treated or untreated.

“Wastewater services” means the service provided by the POTW of collecting, conveying, treating, and disposing of wastewater. (Ord. 2768 § 1 (Exh. A), 2023).

14.08.060 Appeals.

A. Board of Appeals. After a public hearing, the city council may grant an exception from the requirements of this chapter. In granting any exception, the city council may prescribe conditions that are deemed necessary or desirable for the public interest.

B. Findings of Fact. Exceptions to the minimum requirements may be granted prior to permit issuance and before construction commences. An exception may be granted following a public hearing; provided, that a written finding of fact is prepared that addresses the following:

1. The exception provides equivalent environmental protection and is in the overriding public interest; and that the objectives of safety, function, environmental protection and facility maintenance, based upon sound engineering, are fully met;

2. That there are special physical circumstances or conditions affecting the property such that the strict application of these provisions would deprive the applicant of all reasonable use of the parcel of land in question, and every effort to find creative ways to meet the intent of the minimum standards has been made;

3. That the granting of the exception will not be detrimental to the public health and welfare, nor injurious to other properties, and to the quality of waters of the state;

4. The exception is the least possible exception that could be granted to comply with the intent of the minimum requirements.

C. Prior Approval. Any exception shall be approved by the director or designee prior to permit issuance and before construction commences.

D. Duration of Exception. Exceptions granted shall be valid for two years, unless granted for a shorter period.

E. Right of Appeal. All actions of the city council shall be final and conclusive, unless within 10 days of the date of the city council’s action, the original applicant or an adverse party gives written notice of appeal to the superior court of King County for review of the action. (Ord. 2768 § 1 (Exh. A), 2023).

14.08.100 Prohibited discharges.

A. No person or business firm shall discharge or cause to be discharged any stormwater, surface water or ground water including roof runoff and foundation drainage to any sanitary sewer. Stormwater and all other unpolluted drainage shall be discharged to such sewers as are specifically designated as storm sewers as approved by the director.

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

1. Any liquid or vapor having a temperature so high as to inhibit biological activity or increase the wastewater treatment plant influent higher than 40 degrees Celsius (104 degrees Fahrenheit);

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

3. Any gasoline, benzene, naphtha, fuel oil, or any other materials that may create a fire or explosive hazard;

4. Any garbage that has not been properly shredded;

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

6. Any waters or wastes having a pH lower than five or higher than nine or having any other corrosive property capable of causing damage or hazard to structures, equipment and personnel of the wastewater collection and treatment system;

7. Any waters or wastes containing a toxic or poisonous substance in sufficient quantity to injure or interfere with any sewage treatment process, constitute a hazard to humans or animals, or create any violation of water quality standards in the receiving waters of the wastewater treatment plant;

8. Any water or waste having a flow over 2,500 gallons per day and/or a waste strength concentration of 300 mg/l or higher or a total waste loading of 25 pounds per day or more (either waste strength or loading measured as either five-day BOD (biochemical oxygen demand) or total suspended solids);

9. Any noxious or malodorous gas or substance capable of creating a public nuisance;

10. Any wastewater having a chloride (Cl) ion concentration exceeding 1,000 mg/l (milligrams per liter), unless the discharger has a negotiated discharge permit. The discharge permit shall be reviewed every five years or when the director determines the discharger’s wastewater is causing process upset at the wastewater treatment plant;

11. Any wastewater violating or with the potential to violate the above discharge restrictions, unless the discharger has a negotiated discharge permit. The discharge permit shall be reviewed every five years or when the director determines the discharger’s wastewater is causing process upset at the wastewater treatment plant. (Ord. 2768 § 1 (Exh. A), 2023).

14.08.110 Area to be served.

The lot or parcel of real property shall be considered to be within the area being served if:

A. The sanitary sewer is in street, alley or other access which is directly adjacent to said premises; or

B. Within 200 feet of said premises.

1. For the purpose of this section, premises shall be measured from the building or exterior drainage facility for any existing single-family residential structures constructed as of the effective date of Ordinance 2652 (March 11, 2019). For all other uses, premises shall be measured from the property line. (Ord. 2768 § 1 (Exh. A), 2023).

14.08.120 Limitations on point of discharge.

No person shall discharge any substances directly or indirectly into a manhole or other opening within the POTW, unless authorized by the control authority. (Ord. 2768 § 1 (Exh. A), 2023).

14.08.130 Metering devices.

The control authority may require persons to install metering devices when necessary to accurately measure or calculate discharges to the POTW, and to measure water use from a source other than the city.

Any metering device required under this chapter shall be approved by the control authority. Persons installing a metering device shall maintain and calibrate it in a manner and frequency that ensures accuracy. (Ord. 2768 § 1 (Exh. A), 2023).

14.08.140 Domestic wastewater from outside the city.

The control authority may allow domestic wastewater from premises located outside of the city to be discharged to the POTW only as allowed under Ordinance 1794 and in accordance with applicable requirements established in state laws and regulations, local ordinances, agreements, and such policies, procedures, guidance, requirements, and manuals as may be promulgated by the director. (Ord. 2768 § 1 (Exh. A), 2023).

14.08.150 Side sewer permit.

All work necessary to repair, rehabilitate, replace, or construct new private side sewers shall be performed pursuant to a permit issued by the city and in accordance with the standards set forth in the city’s general sewer plan as amended and adopted by the city. (Ord. 2768 § 1 (Exh. A), 2023).

14.08.160 Discharge of domestic wastewater from holding tanks.

A. Persons discharging domestic wastewater from noncommercial vehicles which provide facilities for human habitation, including but not limited to campers, motor homes, and travel trailers, may discharge into a city-approved facility designed to receive such wastes. Only domestic wastewater shall be authorized to be discharged.

B. Any other waste, including but not limited to grease traps, oil/water separators, interceptors, portable toilets and restrooms, or septic tanks, shall not be discharged to the POTW. (Ord. 2768 § 1 (Exh. A), 2023).

14.08.170 Required disconnection from public sewer.

A. The owner of any lands, buildings or premises where there is a direct connection from roof, foundation drains or area drains to sanitary sewer or where there exists any other opening which allows stormwater, ground water or surface water to directly drain to sanitary sewer is required to disconnect or cause to be disconnected the source or sources of stormwater, ground water or surface water from the sanitary sewer. The owner or occupant of such lands, buildings and premises shall also be required to take appropriate measures so as to permanently prevent further entry of stormwater, ground water or surface water to the sanitary sewer. The director, his successor or agent shall so notify, in writing, the owner or occupant of said lands, buildings or premises to disconnect the unauthorized discharge within such time as the director may designate. An owner or occupant who fails to comply with the notice within the time designated shall be subject to enforcement in accordance with the provisions of this chapter.

B. All work in response to the written notification shall be inspected by and be subject to the approval and acceptance of a city inspector. (Ord. 2768 § 1 (Exh. A), 2023).

14.08.180 Sewer system standards.

All modifications to the sewer system must comply with the latest city general sewer plan and any plans, details, specifications and other standards and forms adopted by the department. The director is authorized to modify the department standards and forms as deemed necessary. (Ord. 2768 § 1 (Exh. A), 2023).

14.08.200 Types of rates and fees.

Rates and fees imposed on domestic and nondomestic users of the POTW pursuant to this chapter may include, but are not limited to, the following:

A. User charges levied on all users of the POTW which shall cover the costs of operation and maintenance, debt service, taxes, and administration and all other associated costs. The user charge system shall distribute these costs in proportion to each user’s wastewater contribution to the POTW;

B. Permit and other control mechanism rates and fees; and

C. Capital facilities charges.

User charges shall be calculated based on monthly water meter reading as a base. The result shall be rounded upward to the nearest 100 cubic feet (cf.) and divided by 100. The result will then be multiplied by the unit charge per 100 cf. for each user class and unit charge for each user. (Ord. 2768 § 1 (Exh. A), 2023).

14.08.210 Rates and fees for wastewater service.

Rates and fees for wastewater services inside the Enumclaw city limits shall be established by ordinance or resolution of the city council in accordance with this chapter.

A. Each single-family residence shall be assessed and billed monthly a base charge and a volume charge for wastewater service. Volume charges for the single-family residential customer class shall be based upon average monthly metered water consumption for the meter reading period most closely associated with November 1st through the subsequent April 30th, or winter water use. For new accounts or customers without a winter water use history, the average winter water use of the single-family residential customer class, rounded up to the nearest hundred cubic feet, shall be used as a maximum monthly volume charge until such time the account has its own said history.

B. Manufactured home park customers class shall be based upon average monthly metered water consumption for the meter reading period most closely associated with November 1st through the subsequent April 30th, or winter water use. A base charge will be assessed for each separate retail water meter.

C. Multiple-unit residences and nonresidential customers will be billed a monthly base charge for each separate retail water meter and a volume charge based upon the metered usage.

1. Metered Wastewater Volume and Metered Diversions. When billing is based upon water usage and where, in the opinion of the control authority, a significant portion of the water received from any metered source does not flow into the sanitary sewer because of the principal activity of the customer or removal by other means, the rate will be applied against the volume of water discharged from such premises into the sanitary sewer. Any customer seeking a reduction in sewer billing based on a diversion of metered water from the sanitary sewer system shall submit written proof of such diversion to the control authority for its approval. To establish reduced sewer billing based on such diversion, the customer shall, unless clearly demonstrated as impractical, install a submeter of a type and at a location approved by the control authority and at the customer’s expense. A credit adjustment for sanitary sewer overcharges may be granted, upon written application by the customer, but only for the three-month period immediately preceding the submeter installation.

Such meters shall measure flow in cubic feet (cf.) and shall be maintained and tested for accuracy at the customer’s expense in accordance with manufacturer’s specifications and applicable control authority’s policies, procedures, guidance, requirements, and manuals. Within 30 days of notification by the control authority that meter repair or testing is required, the customer shall provide written confirmation that such repair or testing has been accomplished. Failure to provide such confirmation may result in sanitary sewer rates being based upon the metered water source.

2. Customers Installing Irrigation Systems. All customers other than single-family installing irrigation systems shall be required to meter the water usage of the irrigation system by installing, at customer’s expense, either a metered water supply dedicated solely to the irrigation system, or a submeter to city standards, which the customer shall own and maintain, to calculate the appropriate reduction of sewer rates.

3. Surcharge Authorized. When the control authority determines that the city’s cost to provide wastewater service to a customer or a group of customers is higher than the city’s cost to provide wastewater service to typical city customers, the control authority may impose a surcharge on such customers in an amount established by ordinance or resolution of the city council. The control authority will notify affected customers prior to implementing the surcharge.

D. The rates and fees of this section shall be annually adjusted for inflation by the Consumer Price Index (CPI-U) for the Seattle-Tacoma-Bremerton area. Under no circumstances shall the rates and charges decrease as a result of the CPI adjustment, without separate and specific action by the city council. (Ord. 2768 § 1 (Exh. A), 2023).

14.08.280 Capital facilities charges.

A. A capital facilities charge (CFC) shall be levied for each new sewer connection to the city sewer system and for a service upgrade generating additional flow and loading. The CFC is a fee based on an equitable share of the cost of the existing sewer system and future facilities necessary to accommodate projected growth. This fee is established pursuant to RCW 35.92.025 and this chapter.

B. In addition to any required permit fee, a capital facilities charge per equivalent residential unit (ERU) shall be due and payable at the time the building permit is issued.

C. The amount of ERUs for customer classes shall be established by ordinance or resolution of the city council and as follows:

Single-family residential	1.0 per dwelling unit
Multifamily (duplex and triplex)	0.75 per dwelling unit
Multifamily (four units or more)	0.67 per dwelling unit
Mixed-use residential	0.67 per dwelling unit
Mobile home parks	0.80 per dwelling unit
All other customer classes	1.0 ERU per 900 cubic feet of water usage per month prior to Jan. 1, 2024
	1.0 ERU per 500 cubic feet of water usage per month beginning Jan. 1, 2024

The calculation of ERUs above may be reviewed from time to time to ensure the distribution to dwelling units is appropriate.

D. The capital facilities charge set forth in subsection B of this section shall be annually adjusted for inflation by the Construction Cost Index for the Washington State/Seattle area. This adjustment shall be effective January 1st of each year. Under no circumstances shall the rates and charges decrease as a result of the adjustment, without separate and specific action by the city council.

E. Credit for Existing and Prior Uses. A credit against the CFC may be allowed by the director for the elimination or conversion of existing water services or sewer connections in conjunction with improvement, expansion of use or redevelopment on such parcel. The credit shall be calculated using the prevailing CFC rate schedule and is subject to the following limitations:

1. Existing and prior use sewer credit shall be allowed if the director finds that sewer capacity is available in the service area; and

a. If the existing or prior use has paid monthly water and sewer fees, respectively, within the 10-year period immediately prior to the date of application for connection, the customer may apply for a 100 percent credit against any new CFCs associated with the new use; or

b. If the existing or prior use has paid monthly water and sewer fees, respectively, prior to 10 years before the date of application for connection, the customer may apply for a partial credit for previous payments of CFCs, using the entire amount previously paid to be applied as credit against the current CFC charge calculated using the prevailing CFC rate schedule.

F. An additional CFC will be charged for nonresidential services purchased after July 2, 2008, the effective date of Ordinance 2398, if usage is greater than 110 percent of the purchased ERU capacity. This requirement for an additional CFC may be waived upon satisfactory demonstration by the customer that the increased water use was temporary in nature and will return to the originally anticipated level. (Ord. 2768 § 1 (Exh. A), 2023).

14.08.285 Capital facility charge mitigation or credit.

In the event that the proposed improvement on property to be connected to the Enumclaw sewer utility system is determined by the public works director (director) or his/her designee to have an immediate adverse impact on the sewer collection or treatment system, the director may recommend privately funded improvements to the sewer system as mitigation.

The total capital facility charge may be reduced based on the following considerations:

A. The capital improvements to the system to be constructed as mitigation must be identified in the current general sewer plan and included in the basis of the sewer CFC calculation. Such improvements shall be a regional benefit to the system and not solely for the benefit of the property being improved.

B. Prior to completing any work that would be applied as a credit toward the capital facility charge, the property owner and city shall execute an agreement in a form approved by the city attorney, establishing:

1. The full amount of the sewer capital facility charge that would normally be applicable to the property improvement.

2. Estimated costs of completing the capital improvements including, but not limited to, design, permits, construction and inspections.

3. Permits required by other regulatory agencies and the role of each party in obtaining such.

4. The duration of time in which the property owner must complete the mitigation improvements.

C. System improvements to be made by the developer. Developer shall provide all receipts, invoices and any other evidence and documentation to establish the actual cost of design and/or construction. The evidence and documentation shall be reviewed and, if acceptable, approved by the director. The credit amount shall not exceed the total sewer capital facility charges the developer is required to pay.

Approval of the director or designee is required for all capital facility charges determined under this provision. (Ord. 2768 § 1 (Exh. A), 2023).

14.08.300 Regular review of wastewater rates and fees.

The control authority shall conduct regular reviews of the wastewater rates and fees established by ordinance or resolution of the city council to confirm that all costs to provide wastewater services by the city are properly recovered. (Ord. 2768 § 1 (Exh. A), 2023).

14.08.310 Reconsideration of wastewater rates.

There shall be no reduction in rates for any premises to which a sanitary sewer service connection has been made or for which wastewater service is available, unless there is no charge being made for water or water service to such premises, or where monitoring, sampling, and testing prove the rate to be based on erroneous information. (Ord. 2768 § 1 (Exh. A), 2023).

14.08.320 Utility tax on sewer.

A nine and one-half percent utility tax shall be applied to the sewer utility gross receipts. Gross receipts consist of those moneys received from charges as set forth in EMC 14.08.210. (Ord. 2768 § 1 (Exh. A), 2023).

14.08.340 Liability for supplemental fees.

A. Persons, whether inside or outside the city, that discharge substances in violation of this chapter to the POTW, including, but not limited to, persons that cause pass through or interference, shall be liable to pay any supplemental fees the control authority incurs to respond to such violation. Liability for supplemental fees under this section shall also apply to any person responsible for discharging a substance in violation of this chapter to the POTW, regardless whether they own the property from which the prohibited discharge originates. Assessment of supplemental fees shall be in addition to:

1. Any enforcement action authorized by this chapter to address a violation of this chapter;

2. Any cost recovery remedy available to the control authority under state and federal environmental laws and regulations; and

3. Any other remedy available at law or in equity to address a violation of this chapter.

B. Any supplemental fees assessed shall become due and payable to the city within 30 days of receipt of such assessment. If supplemental fees are appealed and affirmed in whole or in part, such fees shall become due and payable within 30 calendar days of receipt of a final decision by the city council or a court. The control authority may pursue collection of nonpayment of supplemental fees by any lawful means authorized, including referral to a collection agency. (Ord. 2768 § 1 (Exh. A), 2023).

14.08.400 Right of entry.

The city building inspector or an authorized representative shall have the right to enter upon any lands, buildings or premises required by this chapter to be connected to the sanitary sewer or to disconnect the source or sources of stormwater, ground water or surface water from the sanitary sewer, at all reasonable times to ascertain whether the provisions of this chapter have been, or are being, complied with. (Ord. 2768 § 1 (Exh. A), 2023).

14.08.410 Confidential information.

The disclosure of public records maintained under this chapter shall be governed by the provisions of Chapter 42.56 RCW. Financial, commercial and proprietary information submitted by a person, which identifies it as confidential, may be exempt from public disclosure pursuant to the provisions of Chapter 42.56 RCW. (Ord. 2768 § 1 (Exh. A), 2023).

14.08.500 Violations, enforcement, and penalties.

A. The provisions of this chapter together with any policies, procedures, guidance, requirements, and manuals promulgated under authority of this chapter or otherwise made subject to enforcement under this chapter, and all terms and conditions of any permit, authorization, control mechanism, directive, or compliance order issued under authority of this chapter, are subject to enforcement pursuant to and under authority of Chapter 15.12 EMC, Code Enforcement. The control authority is authorized to exercise all powers and authority granted pursuant to Chapter 15.12 EMC, including, by way of example and not limitation, the power to issue compliance orders, corrective action notices, and notices of violation, assess monetary penalties, approve voluntary correction agreements, and develop, promulgate, revise, and implement policies and procedures governing enforcement actions under Chapter 15.12 EMC and this chapter. The director is empowered to delegate enforcement authority under Chapter 15.12 EMC and this chapter to such persons as may be determined by the director. Any such power and authority authorized pursuant to Chapter 15.12 EMC is in addition to the power and authority granted pursuant to this chapter and any other applicable state or federal law or regulation.

B. Compliance with the requirements of this chapter is mandatory except as may be otherwise provided in this chapter. Except as otherwise provided herein, any act or omission by a responsible person in noncompliance with any duty, requirement, or obligation set forth in this chapter, set forth in any standard, requirement, manual, or procedure promulgated under authority of this chapter or otherwise made subject to enforcement under this chapter, or set forth in a term or condition of any permit, authorization, control mechanism, directive, or compliance order issued under authority of this chapter, shall constitute a violation of this chapter and is subject to enforcement by the control authority.

C. Violations of this chapter may include, by way of example, but are not limited to the following acts or omissions:

1. Failure to accurately report the wastewater constituents and characteristics of a discharge when required by this chapter, or when requested by the control authority;

2. Discharging nondomestic wastewater to the POTW without the control authority’s authorization;

3. Discharging wastewater that causes the city to violate one of its NPDES permits;

4. Tampering with any metering device or piping connected to such device to show the quantity of water used on the premises or discharged from such premises is less than the actual quantity used or discharged;

5. Discharging any solid or viscous substance capable of obstructing wastewater which will or may cause obstruction to the flow of wastewater or other interference with the operations of the POTW; and

6. Violating any provision of this chapter, including the terms of a permit, order, authorization, or other control mechanism issued under the authority of this chapter.

D. Any responsible person who willfully violates any provision of this chapter, or any permit, order, control mechanism, or other written authorization or directive issued by the control authority pursuant to this chapter, shall, upon conviction, be guilty of a gross misdemeanor punishable by a fine of not more than $5,000, or by imprisonment in jail for up to 365 days, or both. Each day upon which a willful violation of this chapter, or any permit, order, control mechanism, or other written authorization or directive issued by the control authority pursuant to this chapter occurs may be deemed a separate and additional violation.

E. Any person who shall knowingly and falsely make, complete, or alter a written instrument required to be submitted to the control authority pursuant to this chapter, or a regulation, rule, or procedure promulgated under this chapter, or a term or condition of any directive or compliance order issued under authority of this chapter, shall be guilty of a gross misdemeanor and subject to a fine of not more than $5,000, or by imprisonment in jail for up to 365 days, or both. Proof of intent to defraud or injure is not required.

F. The enforcement provisions in this chapter are not exclusive remedies. The control authority may take any, all, or any combination of the enforcement actions described in this chapter against any person who violates this chapter. Furthermore, the control authority may pursue any other available remedies that exist in law or equity against any person that violates this chapter. Enforcement of violations will generally be in accordance with Chapter 15.12 EMC. (Ord. 2768 § 1 (Exh. A), 2023).

14.08.510 Suspension of service.

A. Suspension of Service – Emergency. In addition to any other authority set forth in this chapter, the control authority may, pursuant to a stop-use order, immediately suspend discharges to the POTW at a premises whenever the control authority has reasonable cause to believe that an actual or threatened discharge, or other violation of this chapter, either:

1. Presents an imminent threat or substantial danger to the health or welfare of persons or the environment; or

2. Presents an imminent threat to, or does, interfere with the operation of the POTW.

B. Suspension of Service – Other Violations. The control authority may, pursuant to a stop-use order, suspend wastewater services at a premises where a connection to the POTW has been made in violation of this chapter, the control authority’s NPDES permit, or any authorization, control mechanism, directive, or compliance order issued under authority of this chapter.

C. Suspension of Service – Access. Unreasonable refusal to allow control authority representatives to access a premises pursuant to EMC 14.08.400 (Right of entry) to determine compliance with this chapter may, pursuant to a stop-use order, result in the suspension of discharges to the POTW.

D. The responsible person receiving a notice to suspend its discharge shall suspend discharging to the POTW in accordance with the requirements contained in the notice. If the responsible person fails to immediately comply with the terms of a notice to suspend an actual or threatened discharge, the control authority may take steps it deems reasonably necessary to protect the health and welfare of persons, the environment or the POTW, which may include, but is not limited to, severing the user’s sanitary sewer connection at any accessible location. As a condition of allowing discharges to the POTW to recommence, the control authority may require the responsible person to submit a written statement describing the corrective action it has implemented to prevent discharges that presented an imminent danger or threat to the health and welfare of persons or the environment or threatened to interfere with the operation of the POTW. (Ord. 2768 § 1 (Exh. A), 2023).

14.08.520 Unauthorized connection – Misdemeanor.

It is unlawful to make or cause to be made or to maintain any connection with the POTW, or with any sewer which is connected directly or indirectly with the POTW, without having permission from the control authority. Violation of this section is a misdemeanor punishable by a fine of not more than $1,000, or by imprisonment in jail for not more than 90 days, or by both such fine and imprisonment. (Ord. 2768 § 1 (Exh. A), 2023).

14.08.530 Side sewer condition education requirement.

A. Purpose. The purpose of this section is to establish the distribution requirements for private side sewer educational flyers at the time of sale, major building remodel or additions to properties within the city, in order to educate property owners on the conditions of private side sewers, and to encourage the reduction in quantity of inflow and infiltration into the sanitary sewer system. The educational flyer distribution requirements take effect on June 30, 2024. The control authority encourages owners to be proactive in making private side sewer or building repairs to eliminate inflow and infiltration to the sanitary sewer system.

The city offers financial assistance to qualified customers through the side sewer repair loan program, to aid with the cost of performing private side sewer repairs or replacement.

B. Educational Flyer Distribution Requirement.

1. Effective June 30, 2024, property owners shall be provided with an educational flyer in the following circumstances:

a. Prior to the sale or transfer of title for a real property that contains any building or structure with a private side sewer connecting to the public sewer main. The educational flyer shall be provided to the buyer and seller by the real estate professional(s) representing the buyer and seller.

b. Prior to issuance of a building permit for a “development activity” (as defined in EMC 15.04.020). The educational flyer shall be provided to the permit applicant by the city at the time of permit application. If the permit applicant is not the property owner, the educational flyer shall be provided to the property owner by the permit applicant.

c. Prior to issuance of a building permit for any new buildings or additions to existing buildings in which the new structures or additions may be constructed over the top of the existing private side sewer. The educational flyer shall be provided to the permit applicant by the city at time of permit application. If the permit applicant is not the property owner, the educational flyer shall be provided to the property owner by the permit applicant.

2. This section shall not apply to any of the following:

a. Transfer of title from one co-owner to one or more other co-owners.

b. Transfer of title made to a spouse or to a person or persons in the lineal line of consanguinity of one or more of the transferors.

c. Transfer of title between spouses resulting from a decree of dissolution of marriage or a decree of legal separation or from a property settlement agreement incidental to a decree.

d. Condominiums.

C. Property owners are solely responsible for the construction, maintenance, operations, repairs, or replacement of the private side sewer and any surface reconstruction requirements when performing said repairs. (Ord. 2768 § 1 (Exh. A), 2023).

14.08.600 Side sewer loan program.

Subject to appropriation through the city’s annual budget process, qualified customers may apply for a loan interest loan through the city’s side sewer loan program to aid with the cost of performing private side sewer repairs or replacement. Fund availability is on a first-come, first-served basis. Eligibility requirements, maximum loan amounts, term, interest rate, and policies and procedures shall be as established by the director. (Ord. 2768 § 1 (Exh. A), 2023).