Chapter 14.08 SEWER CONNECTIONS

C. “Everett municipal sewer system” or “sewer system” means the system of conduits, pumps, treatment plants and structures used for the purpose of conveying from their source, treating in any manner, and conveying to final points of disposal all wastes of any nature permitted by this chapter to enter the system. Specifically included as integral parts of the system are all conduits of any nature forming a part of the general network of conduits or connected directly or indirectly to the network; all pumps, treatment plants and structures of any kind used in connection with the collection, treatment and disposal of the wastes handled by the system; and all appurtenances to any of the above, either physically or functionally connected therewith. Storm, sanitary and combined sewers, as defined in this section, are all included as parts of the municipal sewer system.

D. “Mayor” means either the mayor personally or any of his duly authorized representatives.

E. “Premises” is defined as 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 defined in this section.

F. “Sanitary sewage” means water-carried human wastes or a combination of water-carried wastes from residences, business buildings, institutions or industrial establishments.

G. “Sanitary sewers” means those sewers which are designated to carry all waste matter permitted by this chapter to enter the system other than surface drainage water.

H. “Storm sewers” means those sewers which are designated to carry nothing but surface drainage waters.

I. “Surface drainage waters” means unconfirmed diffuse waters originating from rain, melting snow or other sources which runs off private property into public streets and storm sewers. (Ord. 1506-88 § 1, 1988)

14.08.020 Unlawful connections.

It is unlawful for any person or persons to make any connection with, or in any manner obstruct, interfere with, alter or repair any part of the Everett municipal sewer system within the corporate limits of the city, except as provided in this chapter. (Ord. 1506-88 § 2, 1988)

14.08.030 Required connections.

Every dwelling house, hotel, apartment, factory, store or other building in which plumbing arrangements have been, or are to be, placed shall be connected to the sanitary sewer, as required in this chapter when such public sewer is abutting the property line of the premises on which such buildings or areas are located. When such sanitary sewer is not provided, such buildings and/or areas shall be connected to a septic disposal system, meeting all requirements of the city. (Ord. 1506-88 § 3, 1988)

14.08.040 Storm drainage water connections.

A. All surface drainage water from roofs, drainage, parking, sales and display lots and other impervious surfaces shall be connected to a storm sewer when such system is available. When such system is not provided, such lots and areas shall provide for surface and storm drainage in accordance with the ordinances of the city.

B. Surface drainage waters may be connected to combined sewers. Combined sewers shall be allowed only in the north end of the city, as shown on Figure 6-10.1, “Combined Sewer Area,” of the Design and Construction Standards and Specifications (DCSS) created under Chapter 13.76, as currently enacted or later amended.

C. Except as provided in subsections A and B of this section, no person(s) or corporation(s) shall connect any source(s) of surface drainage water to a sanitary sewer; provided, that an industrial pretreatment permit may include authorization to discharge surface drainage waters or contaminated effluents from other sources to the Everett municipal sewer system under the terms and conditions therein. (Ord. 3731-20 § 2, 2020: Ord. 1506-88 § 4, 1988)

14.08.050 No cesspools, etc., to be connected.

No person or persons or corporation shall connect any source of sanitary sewage with any sanitary sewer, nor shall any opening whatsoever be made or permitted into a sanitary sewer or into any private sewer or drain connecting with the public sewer except for sinks, water closets or baths. All laundries, livery stables, packing houses, restaurants and butcher shops now connected or which may hereafter be connected with any public sewer shall be provided with a grease trap device as approved by the director of public works. (Ord. 1506-88 § 5, 1988)

14.08.060 Permit required.

No person shall connect with or open or penetrate any part of the Everett municipal sewer system, or any private sewer which connects thereto for any purpose whatsoever, or lay, alter, extend or repair any sewer, public or private, which connects to the Everett municipal sewer system without first obtaining a permit from the city to do so. In the event that a sewer permit is required in connection with new construction or remodeling for which a building permit is required under the ordinances of the city, any sewer permit required under this chapter shall be obtained and all sewer permit fees and connection charges shall be paid prior to the issuance of a building permit. (Ord. 1506-88 § 6, 1988)

14.08.100 Equipment identification required.

It is unlawful for any person or persons, firm, partnership or corporation engaged in the business of side sewer work within the corporate limits of the city to use or operate a digger, back hoe or power shovel unless such equipment so used has plainly displayed thereon the name of the person, firm, partnership or corporation operating such equipment upon such side sewer work. (Prior code § 2.20.081)

14.08.110 Determination of sufficient grade and open piping.

It shall be the duty and responsibility of the person, firm, partnership or corporation engaged in making a connection of a private side sewer to a main sewer extension, at or near the property line, to determine that the invert at the property line is of sufficient depth to ensure proper grade to house or building drain to permit gravity flow from the house to the main side sewer connection. It shall further be the duty and responsibility of such person, firm, partnership or corporation engaged in making a connection of a private side sewer to a main side sewer extension at or near a property line to determine that the main side sewer extension from the main side sewer pipe to the property line is open, free and in good working order before making the connection. (Ord. 1506-88 § 7, 1988; prior code § 2.02.082)

14.08.135 Special connection charges.

In addition to current sewer and water connection permit and inspection fees, there is hereby imposed, on the owners of properties, a special connection charge in the following amounts:

A. Effective January 1, 2019.

1. Water and Sewer System Development Charges.

Meter Size	Water System Development Charge	Sewer System Development Charge	Total Water and Sewer System Development Charges
3/4"	$3,957	$5,121	$9,078
1" domestic/fire*	$3,957	$5,121	$9,078
1"	$6,608	$8,552	$15,160
1 1/2"	$13,176	$17,053	$30,229
2"	$21,090	$27,295	$48,385
3"	$39,570	$51,210	$90,779
4"	$65,961	$85,367	$151,328
6"	$131,883	$170,683	$302,566
8"	$211,021	$273,103	$484,124
10"	$303,375	$392,627	$696,002
12"	$445,151	$576,113	$1,021,264

* Domestic/fire combination meter for single-family residences and duplexes reviewed under the International Residential Code, upsized due to the addition of a fire sprinkler system.

The above table contains charges for inside city limits. Areas outside city limits, but connected to the city’s water and sewer system, shall be charged the inside-city-limits charge plus a twenty-five percent surcharge.

2. Stormwater System Development Charge. In addition to water and sewer system development charges, there shall be a stormwater system development charge based on square footage of impervious area1:

Development Type	Stormwater System Development Charge
New construction	Base charge (1 ISU ≤2,500 sf): $622
New construction	Additional charge for impervious area >2,500 sf: $0.2487/sf
Existing development adding new impervious surface area	Calculated per square foot of added impervious surface area: $0.2487/sf

ISU = impervious surface unit, defined as 2,500 sf of impervious surface area.

B. Effective January 1, 2020.

1. Water and Sewer System Development Charges.

Meter Size	Water System Development Charge	Sewer System Development Charge	Total Water and Sewer System Development Charges
3/4"	$4,072	$5,270	$9,341
1" domestic/fire*	$4,072	$5,270	$9,341
1"	$6,800	$8,800	$15,600
1 1/2"	$13,559	$17,547	$31,106
2"	$21,702	$28,086	$49,789
3"	$40,718	$52,695	$93,413
4"	$67,876	$87,843	$155,719
6"	$135,712	$175,633	$311,314
8"	$217,147	$281,023	$498,170
10"	$312,181	$404,013	$716,195
12"	$458,072	$592,820	$1,050,892

* Domestic/fire combination meter for single-family residences and duplexes reviewed under the International Residential Code, upsized due to the addition of a fire sprinkler system.

2. Stormwater System Development Charge. In addition to water and sewer system development charges, there shall be a stormwater system development charge based on square footage of impervious area1:

Development Type	Stormwater System Development Charge
New construction	Base charge (1 ISU ≤2,500 sf): $640
New construction	Additional charge for impervious area >2,500 sf: $0.2559/sf
Existing development adding new impervious surface area	Calculated per square foot of added impervious surface area: $0.2559/sf

ISU = impervious surface unit, defined as 2,500 sf of impervious surface area.

C. Effective January 1, 2021.

1. Water and Sewer System Development Charges.

Meter Size	Water System Development Charge	Sewer System Development Charge	Total Water and Sewer System Development Charges
3/4"	$4,190	$5,422	$9,612
1" domestic/fire*	$4,190	$5,422	$9,612
1"	$6,997	$9,055	$16,052
1 1/2"	$13,952	$18,056	$32,008
2"	$22,332	$28,901	$51,233
3"	$41,898	$54,233	$96,122
4"	$69,845	$90,390	$160,235
6"	$139,647	$180,726	$320,373
8"	$223,444	$289,173	$512,616
10"	$321,235	$415,730	$736,964
12"	$471,356	$610,012	$1,081,368

* Domestic/fire combination meter for single-family residences and duplexes reviewed under the International Residential Code, upsized due to the addition of a fire sprinkler system.

2. Stormwater System Development Charge. In addition to water and sewer system development charges, there shall be a stormwater system development charge based on square footage of impervious area1:

Development Type	Stormwater System Development Charge
New construction	Base charge (1 ISU ≤2,500 sf): $659
New construction	Additional charge for impervious area >2,500 sf: $0.2633/sf
Existing development adding new impervious surface area	Calculated per square foot of added impervious surface area: $0.2633/sf

ISU = impervious surface unit, defined as 2,500 sf of impervious surface area.

D. Effective January 1, 2022.

1. Water and Sewer System Development Charges.

Meter Size	Water System Development Charge	Sewer System Development Charge	Total Water and Sewer System Development Charges
3/4"	$4,311	$5,580	$9,891
1" domestic/fire*	$4,311	$5,580	$9,891
1"	$7,200	$9,318	$16,518
1 1/2"	$14,357	$18,580	$32,937
2"	$22,979	$29,739	$52,719
3"	$43,113	$55,796	$98,909
4"	$71,870	$93,011	$164,881
6"	$143,697	$185,967	$329,664
8"	$229,924	$297,559	$527,482
10"	$330,550	$427,786	$758,336
12"	$485,026	$627,702	$1,112,728

* Domestic/fire combination meter for single-family residences and duplexes reviewed under the International Residential Code, upsized due to the addition of a fire sprinkler system.

2. Stormwater System Development Charge. In addition to water and sewer system development charges, there shall be a stormwater system development charge based on square footage of impervious area¹:

Development Type	Stormwater System Development Charge
New construction	Base charge (1 ISU ≤2,500 sf): $678
New construction	Additional charge for impervious area >2,500 sf: $0.2678/sf
Existing development adding new impervious surface area	Calculated per square foot of added impervious surface area: $0.2678/sf

ISU = impervious surface unit, defined as 2,500 sf of impervious surface area.

E. The director of public works shall, as he or she deems necessary, establish rules, regulations and procedures for administration of system development charges established for system connections.

F. In the event that the proposed improvement on property to be connected to the Everett utility system constitutes a major project triggered by a land use process as determined by the planning department and/or is estimated to have water demand in excess of fifteen thousand cubic feet per month, the mayor or his/her designee may use the system development charges established herein as a guideline for mitigation of sewer and water and stormwater system impacts based on the immediate short-term and long-term impact on the sewer and water systems. These determinations shall use the appropriate fee based on meter size to calculate the total charge.

The total charge may be reduced or increased based on the following considerations:

1. System improvements to be made by the developer.

2. Proximity to the sewage treatment plant.

3. Pumping requirements to supply water to the proposed development.

4. Pumping requirements to convey the proposed development’s sewage effluent to the sewage treatment plant.

5. Peak demand for water, total flow for sewer.

6. Fire demand.

7. Estimated sewage effluent quality.

8. Proximity to the water filtration plant.

9. Location outside the city limits.

Approval of the mayor or designee is required for all system development fees determined under this provision.

G. There shall be no system development charge for a service connection whose sole purpose is for fire flow.

H. Irrigation services shall be charged the water system development charge and shall not be charged the sewer and stormwater system development charges.

I. Impervious surface or area is defined by the Washington State Stormwater Management Manual for Western Washington.

J. The charge schedule in effect at the time of permit issuance shall apply to the charge assessed for system development charges.

K. 1. If the applicant is changing water service size due to a change in the land use or constructing new facilities on a site previously connected to the water and/or the sewer system, credit for both water and sewer connection charges shall be given for the previous service size.

2. In the case where there is an existing water service and customer is only connecting to sewer, there shall be a system development charge only for sewer based on existing water service size.

L. The director of planning and community development, after consultation with the director of public works, may grant to a low-income housing project a partial exemption of applicable special connection charges of not more than eighty percent of the special connection charges. Upon application, the director of planning and community development shall base approval of a partial exemption on meeting the following requirements:

1. Fee exemptions shall only be available to low-income housing rent restricted units serving households earning at or below fifty percent of area median income.

2. Fee exemptions may only be granted to nonprofit entities or public entities providing low-income housing.

3. The fee exemption shall only be granted when the applicant demonstrates the following criteria have been met:

a. Project will benefit the public; and

b. The applicant has sought other funding sources; and

c. There is a financial hardship to the project of paying the system development charge; and

d. The project is consistent with adopted city plans and policies relating to low-income housing.

4. An exemption granted under this subsection must be conditioned upon requiring the developer to record a covenant approved by the director of planning that prohibits use of the property for any purpose other than for low-income housing. At a minimum, the covenant must address price restrictions and household income limits for the low-income housing, and require that, if the property is converted to a use other than for low-income housing as defined in the covenant, the property owner must pay the applicable system development charge in effect at the time of any conversion. Covenants required by this subsection must be recorded with the Snohomish County auditor.

5. “Area median income” shall mean the estimate from the Department of Housing and Urban Development (HUD) of how much money families in a given area earn.

6. Low-income housing shall mean housing with a monthly housing expense that is no greater than thirty percent of fifty percent of the area median income adjusted for family size, for Snohomish County, as reported by the United States Department of Housing and Urban Development.

7. “Nonprofit entities” shall mean:

a. Nonprofit as defined by state law that is exempt from income tax under Section 501(c) of the Federal Internal Revenue Code;

b. Limited partnership or limited liability limited partnership where a nonprofit that is exempt from income tax under Section 501(c) of the Federal Internal Revenue Code, a public corporation established under RCW 35.21.660, 35.21.670, or 35.21.730, a housing authority created under RCW 35.82.030 or 35.82.300, or a housing authority meeting the definition in RCW 35.82.210(2)(a) is a general partner or the sole member of the general partner; or

c. Limited liability company where a nonprofit that is exempt from income tax under Section 501(c) of the Federal Internal Revenue Code, a public corporation established under RCW 35.21.660, 35.21.670, or 35.21.730, a housing authority established under RCW 35.82.030 or 35.82.300, or a housing authority meeting the definition in RCW 35.82.210(2)(a) is a managing member or the sole member of the general partner. (Ord. 3632-18 §§ 1—11, 2018; Ord. 3579-17 § 1, 2017²; Ord. 3095-08 §§ 1—11, 2008)

14.08.140 Permit to connect to public sewer—Fees.

A. It is unlawful to connect any property or premises with the Everett municipal sewer system, or to make repairs, alterations or additions to a side sewer or drain connecting thereto, without first applying for and securing a permit from the public works department and without paying the fee hereinafter prescribed therefor. This requirement shall apply to all property, including that of the United States of America, the state and any political subdivision thereof.

The permit shall not extend beyond the limits for which the permit has been issued. No permit will be required for the removal of obstructions in a side sewer line when the same can be removed through a cleanout installed for that purpose. Applications for permits must contain the legal description of the property on which the work is to be done; must state the location of the sewer, name of the owner of the premises, the number and location of buildings to be connected; must be made by the owner of the property or premises or by an authorized representative of the owner; and must be accompanied by the current fee established for such permits. Current permit fees are as follows:

Type	Fee
Direct connection public sewer	$60.00 for each direct connection to the public sewer plus $10.00 for each connection of the sanitary building drain to the building’s sewer (sometimes referred to as “side sewer”)
Alterations or repair to an existing side sewer installed and accepted under a previous permit, other than normal cleanout or root cutting for which no permit is required	$30.00
Installation of catch basins or similar interceptors	–0–
Installation of small yard drains	–0–
Capping of side sewer	$10.00

B. In all cases of dispute regarding fees, permits or other matters relating to this chapter, the decision of the director of public works shall be final and conclusive.

C. The fee shall be paid before the permit is issued and the amount of the fee shall be shown on the permit and on the record of the side sewer connection maintained in the public works department.

D. Permits issued for side sewer and/or drain work shall expire and become null and void one hundred eighty days from date of issue unless a reasonable extension of time is granted by the director of public works. Permits shall be posted at the job on which the work is in progress.

E. Persons desiring to connect a private sewer to a sanitary sewer to serve property which has not been charged with the costs of a lateral sewer and/or trunk sewer and/or special facilities required for acceptance and transportation of sewage by local improvement district assessment, or otherwise, shall pay in addition to the initial connection permit fee above provided, any connection charge required by ordinance of the city. (Ord. 1506-88 § 8, 1988)

14.08.141 Olympus Terrace service area.

A. Special Sewer Service Area. A special sewer service area, to be known hereafter as the “Olympus Terrace service area,” is hereby established within the area as legally described in Exhibit B attached to the ordinance codified in this section and incorporated in this section by reference and as shown on the map attached to said ordinance as Exhibit A.

B. Connection Charges.

1. In addition to current sewer connection permit and inspection fees, as established by the city of Everett, owners of property within the Olympus Terrace service area whose properties connect to public sewer facilities within said area shall pay special sewer connection charges as follows:

a. Area charge in lieu of assessment based on the Olympus Terrace sewer district current rates ($2,871.72 per acre as of October 1997, plus a three dollar and eighty-eight cent per acre per month increase).

b. Connection charges per current connection charge rate schedule of Olympus Terrace sewer district.

2. Permit and inspection fees for connection to public sewer facilities shall be in accordance with the city of Everett’s current fees therefor. All other city of Everett sewer connection fees, as established by Section 14.08.135 of this code, shall be waived.

C. Monthly Charges.

1. Customers connected to public sewer facilities within the Olympus Terrace service area shall pay to the city of Everett a monthly sewer service rate based on the current sewer service rates established by the Olympus Terrace sewer district (three dollars and fifty-three cents per one thousand gallons per month as of the date of the ordinance codified in this section, subject to increase by the district).

2. In addition to said Olympus Terrace sewer service rates, customers in the Olympus Terrace service area shall be forty-eight percent of the current Everett monthly sewer service rate. Fifty-two percent of the monthly sewer service charges applicable to city of Everett sewer service customers shall be waived for sewer customers in the Olympus Terrace service area.

D. The capacity for total sewage flows from the Olympus Terrace service area is limited to one hundred thousand gallons per day or two hundred pounds of B.O.D., whichever is the lesser, at a maximum peak flow of two hundred gallons per minute with a B.O.D. concentration of not to exceed two hundred forty milligrams per liter. The public works director is authorized to allocate said capacity reasonably among property owners/developers in the areas. Said allocation shall be based on percentage of parcel size to the total Olympus Terrace service total area, capital contributions to local sewer facilities, industrial effluent standards, and any other factors that may assist the director in determining a reasonable allocation.

E. Administration.

1. All persons connected to public sewer facilities within the Olympus Terrace service area shall be sewer customers of the city of Everett and shall be subject to all rules and regulations of the city of Everett applicable to users of city of Everett sewer facilities; provided, that wherever Olympus Terrace sewer district regulations are more stringent, such shall apply.

2. The public works director is hereby authorized to establish rates and charges and rules as necessary to implement this section. (Ord. 2302-98 §§ 1—5, 1998)

14.08.150 Filing and approval of plans.

Before any such permit is granted, a plan of the proposed connections shall be made and presented to the public works department. The plan shall show the course of the drain from the connection with the sewer to its terminus within the house, with the location of all branches, traps and cleanouts to be connected therewith. The director of public works or his designee shall be authorized to issue the permit. (Ord. 1506-88 § 9, 1988)

14.08.160 Inspection and approval of work.

All work done in pursuance of any permit granted as heretofore prescribed, whether on original construction or for repair, shall be under the inspection and subject to the approval and acceptance of the city. The grade, materials, size of pipe and manner of construction of any sewer or drain built under permit shall be in accordance with standard specifications approved by the public works director, and any licensed sewer contractor who shall refuse to modify, remove, replace or complete any portion of the work when so instructed shall by such refusal forfeit his license, and the persons making such connection, or their successors in interest, shall have no right to claim any damages in consequence of such permission being revoked or annulled. (Ord. 1506-88 § 10, 1988)

14.08.170 Connection specifications.

A. The director of public works is authorized to establish design and construction standards for sewer connection and all connections with public sewers or drains shall be made in a workmanlike manner and in accordance with the city design and construction standards.

B. All excavations made in any street or alley shall be protected and guarded by such permittee, both by day and night, with the proper display of signals and lights, and the permittee shall be responsible for all accidents caused by negligence in this respect. Work in the street must be done in a manner that will occasion the least inconvenience to the public. One-half of the street must be kept clear for the passage of vehicles, and bridgeways must be provided on sidewalks for foot passengers. As soon as any such sewer or drain is completed and inspected, the permittee and/or sewer contractor in charge of such work shall immediately restore and maintain all streets, sidewalks, parking strips and other public areas disturbed or altered in the course of any side sewer or drainage work to the original surface condition and, in the event the applicant fails to immediately restore the area to its original condition, the city shall make such restoration and charge the cost thereof to the applicant who shall, upon receiving written notice of the amount, make immediate payments thereof to the city treasurer. All sewer trenches which have settled due to inadequate backfilling operations shall be immediately restored by permittee and he shall at all times remain liable therefor. All work within the limits of any street or alley must be prosecuted to completion with due diligence, and if, in the judgment of the inspector, any excavation is left open beyond a reasonable time he shall cause the same to be filled and the street or alley restored forthwith, and any cost incurred in such work shall be charged to the permittee and/or the sewer contractor in charge of such work, and must be paid for before he shall receive any further permit. Permittee shall be responsible to follow all safety regulations, particularly but not limited to shoring of excavations over four feet deep. If any work done in pursuance of permit granted as heretofore prescribed be not constructed and completed in accordance with the plan filed, and to the acceptance of the inspector, and the permittee or licensed contractor shall refuse to properly construct and complete the work, notice thereof shall be given to the owner of the property for whom the work is being done and the city shall proceed to complete and connect the sewer in a proper manner, and the full cost of such work and materials necessary therefor shall be charged and become a lien against the property and shall be collected in the manner provided for such liens.

C. Not more than one building shall be connected to a side sewer, except by permission of the director of public works. In all cases where there are houses on separate lots, they must be connected separately to the main sewer, whether such lots are owned by the same person or by different persons. If two houses are situated on the same lot, one connection to the main sewer may be permitted if approved by the director of public works.

D. Every piece of sewer pipe used in side sewer construction work shall have a bell.

E. All vaults or privies shall be disinfected and filled with fresh earth and all septic tanks, cesspools and similar installations shall be disinfected and filled with fresh earth at the time of the discontinuance of the use thereof.

F. Before any side sewer may be located on any private property, other than that owned by the owner of the side sewer, the owner of the side sewer shall secure from the owner of such property a written easement, duly acknowledged, granting the right to occupy such property for such purpose. Such written easement shall, by the owner of the sewer, be recorded in the office of the county auditor before the director of public works shall issue a permit authorizing the laying of the side sewer in any building site other than the one served by it. The owner shall exhibit to the director of public works the recording number of the easement when required to do so.

G. Where physical conditions render compliance with the foregoing provisions impracticable, the director of public works may issue a special permit for installation of the side sewer requiring compliance with the provisions insofar as is reasonably possible, and such permit shall be issued only upon the condition that the permittee shall record with the county auditor an instrument acceptable to the city agreeing to save harmless and indemnify the city from any damage or injury resulting from such installation. (Ord. 1506-88 § 11, 1988)

14.08.175 Connection to available public sewer—Extension—Forced connection.

A. Within thirty days from the date a public sewer abuts the property line of premises on which any residential, industrial, commercial or public building is placed, the residence, buildings and structures located thereon in which plumbing facilities and/or sanitary sewers are installed shall be connected to the public sewer system by means of a side sewer of a kind and size as required by current City standards.

B. All property owners within one hundred fifty feet of a public sanitary sewer and all property owners adjacent to a street or public right-of-way in which a public sanitary sewer system is installed and available who fail to connect their private sewers to the public sewer system after notice to do so from the public works department shall pay to the city an amount equal to the sewer service charges established for other users of like kind under the city’s rates and charges; provided, that all rates and charges so paid shall be credited toward the sewer connection charges applicable to said property at such time as the property is connected. Payments of sewer service and/or construction charges on unconnected properties received prior to said notice shall also be retained by the city and credited to applicable sewer connection charges.

C. The city engineer may, on written request from the property owner, extend the time of the required connection to the public sewer for a maximum period of ten years; provided, that the existing on-site sewage system shall be acceptable to the Snohomish health district and suitable and reasonable grounds are shown for such extension; provided further, that in no event shall such time extension constitute a waiver of the sewer availability charges established under section B of this section. In the event that the Snohomish health district determines that the on-site sewage system is no longer acceptable within said ten-year extension, the property shall be immediately connected. This time extension shall apply to single-family residential property only; all commercial/industrial and special property use buildings shall be connected.

D. The mayor and city engineer or such other person as the mayor shall appoint are hereby empowered, and it is hereby made their duty, to compel the owners or the occupant of any lot or parcel of real property, the property line of which is abutting a public sewer, to cause to be connected to such public sewer a sufficient sewer or drain pipe from all buildings and structures located thereon used for human occupancy or for use for any other purpose; provided, however, that it shall be unlawful for any person or persons or corporations to make or attempt to make more than one connection to one “Y” or to make more than one such connection to any one standpipe; and no “Y” or standpipe which already has one such connection shall be considered as an accessible point in such sewer as the term is herein used; and provided, further, that no connection shall be made through the top of any standpipe.

E. If any such connection herein required shall not be made within thirty days, or such extension of time as may be granted by the city engineer, after written notice from the mayor or his duly authorized representative to the occupant or owner of such building, structure, lot or parcel or real property, the mayor or his duly authorized representative shall cause such connection to be made by a licensed contractor and file a statement of the cost thereof with the city clerk and thereupon a warrant against the sewer fund in the amount of such cost shall be issued by the city treasurer under the direction of the mayor, payable to the licensed contractor employed to make such connection. The amount of such warrant, together with the amount of any connection charge fixed by ordinance of the city, plus interest at the rate of twelve percent per year upon the total amount of such cost, charge and penalty, shall be assessed against the property with buildings or structures in which the plumbing and sanitary facilities are located, and shall become a lien thereon superior to all other liens or encumbrances except those for general taxes and special assessments. Such total amount when collected shall be paid into the city sewer revenue fund.

F. Such liens may be foreclosed by the city in the manner provided by law for the enforcement of the same and for delinquent sewerage charges. As an additional and concurrent method of enforcing the lien herein provided the city may cut off the water service to the premises to which such sewage disposal service was furnished, and such water service shall remain cut off until all such charges, plus penalties and interest thereon, together with the current applicable charge for turning the water on, shall have been paid.

G. Any person who shall fail to comply with the orders of the mayor or his duly authorized representative as provided in this section, shall be guilty of a misdemeanor punishable by a fine of not to exceed one thousand dollars. (Ord. 2399-99 § 1, 1999)

14.08.180 System surcharge, backwater prevention and claims.

A. Definitions.

1. “Approved sewage backwater prevention device” means a backwater prevention device of a type that has been categorically approved by director policy.

2. “ABWD” means an approved sewage backwater prevention device.

3. “Deadline date” is defined in subsection C of this section.

4. “Designated connection” means a (a) connection to the sewer system, usually a side sewer, that, because of the characteristics of the sewer system and topography, has been identified by the department as a connection that requires an ABWD and (b) the owner of record of the property served by connection has been mailed a written notice from the department that the connection has been so designated. Upon mailing, the connection is a designated connection for the life of the connection, regardless of whether the ownership of property changes, unless the department later determines that the sewer system has been upgraded sufficiently so that the ABWD is no longer necessary.

5. “Department” means public works department.

6. “Director” means public works or utilities director.

7. “Properly installed” means installed by a licensed contractor or plumber or installed by the department in accordance with subsection C of this section.

8. “Served property” is defined in subsection (G)(3) of this section.

9. “System surcharge event” is defined in subsection (G)(4) of this section.

B. Backwater Prevention Device Requirement.

1. New Connections. Unless otherwise permitted by the director, it is unlawful for any person to connect to the city sewer system with plumbing fixtures at an elevation below the elevation of the upstream sewer manhole rim without properly installed ABWDs sufficient to prevent sewer backups, which usually will be backwater valves at outlets. ABWDs shall be installed to facilitate future access and maintenance. Unless the director determines that the city will maintain an ABWD, the effective operation of ABWDs shall be the responsibility of the owner of the sewer or drain. This subsection (B)(1) of this section applies regardless of whether the connection is a designated connection or not.

2. Designated Connections. All designated connections must have properly installed and maintained ABWDs sufficient to prevent sewer backups. This applies regardless of whether the designated connections are new or existing.

C. Installation of ABWDs for Designated Connections.

1. Private Installation for Designated Connections. The department is authorized to offer an ABWD program to owners of property served by designated connections to install an ABWD in their designated connection in accordance with this section. This program may include reasonable rebate, reimbursement or other mechanisms as established by the department. Unless determined otherwise by the director on a case-by-case basis, the maximum amount of the rebate per property will be the same for all designated connections and will be based on the cost of one ABWD installation for a single-family residence. The ABWD shall be installed by a licensed contractor or plumber in accordance with standards, and following an inspection protocol, established by the director. As established by the director, the ABWD shall be installed either outside the structure being served by the ABWD in a location that is easily accessible for inspection and maintenance, or installed within a building, whichever location in the opinion of the department best prevents basement flooding.

2. Department Installation of ABWDs in Designated Connections. The department, on a schedule to be determined by the department, is authorized to cause ABWDs to be installed in designated connections that have not had ABWDs privately installed pursuant to subsection (C)(1) of this section. ABWDs installed pursuant to this section typically will be installed at a point in the lateral sewer that is within public right-of-way, with the specific location to be determined solely at the department’s discretion. The director has discretion to not install ABWDs at designated connections when such installation is deemed by the director to not be in the best interests of the city.

3. Deadline Date Notice. On a schedule determined by the department in connection with the progress of the installation programs under subsections (C)(1) and (2) of this section, the department will mail notices to all property owners served by designated connections. This mailing may occur in phases. The notice will be deemed received three days after mailing. The notice shall contain a prominently displayed deadline date for installation of the ABWD at the property owner’s designated connection. This deadline shall be no earlier than six months after the mailing of the notice. This date is defined as the “deadline date.” The director may extend the deadline date. A property owner may participate in the program after the deadline date. However, as set forth in subsection E of this section, the city will not pay claims related to sewer backup from a system surcharge event after the deadline date for property served by designated connection that did not have properly installed and approved ABWDs at the time the backup occurred.

4. Designated Connection Owner Ultimately Responsible for ABWD Installation. Although the programs described in subsections (C)(1) and (2) of this section are intended to help property owners to install ABWDs, the owner of the property served by the designated connection is ultimately responsible for ABWD installation. This responsibility remains regardless of whether the program described in subsection (C)(2) of this section is made available at a designated connection.

D. ABWD Maintenance. Unless otherwise determined by director on a case-by-case basis, the department will only inspect and maintain ABWDs that are within city rights-of-way or within city property. Property owners shall maintain all backwater prevention devices located within their property.

E. Claims Related to Sewage Backup.

1. Backup Claims Related to Designated Connections with ABWDs.

a. The city will compromise and settle claims for damage arising from sewer backups from system surcharge events at properties that are served by designated connections with ABWDs, but only if the ABWD is maintained by the city and only to the extent that the ABWD fails because of improper city maintenance. This compromise and settlement will be in accordance with subsection G of this section.

b. The city will not pay sewage backup claims for damage arising from sewer backups from system surcharge events at properties that are served by designated connections with ABWDs not maintained by the city.

2. Backup Claims Related to Designated Connections without ABWDs. The city will not pay sewage backup claims from system surcharge events related to properties served by designated connections that do not have properly maintained and installed ABWDs at the time of the sewer backup, except for the following limited circumstances:

a. Claims Prior to Deadline Date. The city will compromise and settle claims for damage arising from sewer backups that occur prior to a designated connection’s deadline date. This compromise and settlement will be in accordance with subsection G of this section.

b. City Negligence. The city will compromise and settle claims arising from sewer backups to the extent caused by the city’s negligence.

3. Backup Claims Related to Properties That Are Not Served by Designated Connections. The city will compromise and settle claims for damage arising from sewer backups from system surcharge events at properties that are not served by designated connections. This compromise and settlement will be in accordance with subsection G of this section.

4. Backup Water Not from City System.

a. The city will not pay backup claims for property damage caused by water not from the city’s sewer system or from the city’s stormwater system.

b. If there exist downspouts or other direct stormwater connections into a combined sewer, the city will not pay damage claims to the extent such damage could have been prevented by disconnection of those downspouts or other direct stormwater connections from the combined sewer. This applies regardless of what the downspout or other direct stormwater connection drains, and includes without limitation all new and old impervious surfaces.

c. This subsection (E)(4) of this section applies regardless of whether the property is served by a designated connection or not.

F. Claims Related to Overland Surcharge and Overflow. The city will compromise and settle claims for damage arising from overland surcharge and system overflow from a system surcharge event. This compromise and settlement will be in accordance with subsection G of this section. This includes, for example, claims arising from overflow from manholes in the city’s combined sewer system and claims arising from overland stormwater overflows in the city’s separated sewer system. This does not include claims arising from sewer backups through a side sewer, which are determined under subsection E of this section.

G. Settlement of Claims. To the extent authorized by subsections E and F of this section, the mayor is authorized to settle claims in accordance with the following:

1. Settlement Only for Water from City System. The city will only settle claims to the extent that damage is caused by water from the city’s sewer system or from the city’s stormwater system.

2. Settlement Capped at Twenty-Five Thousand Dollars Per Served Property. The city may pay up to twenty-five thousand dollars per served property per system surcharge event to the served property’s owner, for all damage to real and personal property on the served property.

3. Settlement Capped at Five Thousand Dollars Per Tenant Unit. In addition to the twenty-five thousand dollars per served property in subsection (G)(2) of this section, the city may pay up to five thousand dollars for each tenant unit to tenants per system surcharge event, for the tenant’s personal property on the served property. This limit also applies to storage units and condominium units.

4. Definition of System Surcharge Event. For the purposes of this section, a “system surcharge event” is a rain or snow storm or other weather event that causes the Everett sewer or stormwater system, in whole or in part, to surcharge or overflow, causing sewer backups and/or other related occurrences. If multiple storms cause surcharges and overflows within a reasonably concentrated number of days, all such storms are considered a single system surcharge event. Accordingly, storms a week apart that, for example, cause a served property to suffer damage by sewer backup and by overland overflows from a manhole all constitute a single storm surcharge event, and the total damage is subject to the twenty-five thousand dollars limit in subsection (G)(2) of this section and the five thousand dollars limit in subsection (G)(3) of this section.

5. Definition of Served Property. For the purposes of this section, “served property” is real property served by the city sewer or stormwater system, subject to the following provisions: (a) all buildings on a single lot or tax parcel constitute a single served property; (b) all buildings on adjoining lots or tax parcels under common ownership collectively constitute a single served property; and (c) a condominium complex is a single served property. For example, a duplex, triplex, multifamily building, apartment building, office building or similar building on a single lot is a single served property. For example, a group of apartment buildings under common ownership on adjoining lots together constitute a single served property.

6. No Admission of Liability. The settlement authority granted in this subsection G of this section is not an admission of any liability. This authority is granted in recognition of the costs of litigation. This settlement authority does not preclude the mayor from determining to not settle with any or all claimants.

7. Adjustment of Settlement Caps. The city attorney and the department will periodically review the settlement caps in subsection (G)(2) and (3) of this section and will recommend to city council adjustments to the settlement caps, either upward or downward.

8. Insurance. Unless otherwise determined by the city attorney, (a) the city will not settle claims unless the owner of the property has tendered the damage claim to the owner’s insurance and (b) the city will not settle subrogation claims.

9. Additional Authority. If the city attorney and the department determine that it is in the best interests of the city to settle a claim in excess of the settlement caps in subsection (G)(2) and (3) of this section, then the city attorney shall submit such settlement to city council for approval or disapproval.

10. Standard Claims Adjustment Procedures. Except as otherwise provided in this section, the city will apply its normal claims adjusting processes in the resolution of claims against the city.

H. Downspout and Other Connections. Stormwater from new impervious surfaces shall not be discharged, through downspouts or other direct pipe connections, into a combined sewer, including a lateral line or side sewer connected to the city’s combined sewer system. The director may grant exceptions to this requirement on a case-by-case basis, at the sole discretion of the director, where there are no practicable alternatives to discharging stormwater to the sewer system. Owners who have been granted an exception under this section shall ensure that their stormwater discharge and ABWD are properly located and installed to prevent stormwater from flooding the structure. Under no circumstances will the city assume financial responsibility for damage that results from the failure to comply with this section.

I. Other Backup Prevention Programs. The department is authorized to take steps to help its sewer customers prevent and minimize damage from sewage backups, including providing customers with information on side sewer maintenance, downspout disconnection, sewage backwater prevention and mitigation. The department is authorized to establish a disconnection program to help property owners disconnect downspouts and other connections to the sewer system. (Ord. 3400-14 § 1, 2014: Ord. 1506-88 § 12, 1988)

14.08.185 Establishment of in-lieu-of stormwater control fee.

This fee shall apply to all new development and redevelopment, within eligible sub-basins in the combined sewer area as defined by the city engineer and depicted in the city’s combined sewer area map, that create and/or redevelop a net new total of two hundred square feet or more of impervious area:

A. New development or redevelopment in the combined sewer area may be required to provide additional stormwater controls such that the resulting flow does not result in an increase in sanitary sewer overflows and/or basement flooding in the combined sewer area.

B. All new developments and redevelopments in the combined sewer area that add a net new total of two hundred square feet or more of impervious area are required to provide additional controls and shall comply with either Chapter 6 of the city of Everett’s current DCSS or voluntarily pay the city’s in-lieu-of stormwater control fee as listed in the schedule below. Voluntary payment of the in-lieu-of stormwater control fee shall eliminate the developer’s facility requirements as stated in Chapter 6 of the current DCSS.

C. Public infrastructure development/redevelopment (such as road and utility construction) within the public right-of-way is exempt from this fee.

D. No connections of roof drains to side sewers or laterals shall be allowed without prior approval by the city engineer.

E. In-Lieu-Of Stormwater Control Fee Schedule.

Customer Type	In-Lieu-Of Stormwater Control Fee
All Customers/Parcels in Combined Sewer Area	$3.72/square foot of net new impervious area. The first net new total of 200 square feet of impervious area is exempt from these fees.

F. All in-lieu-of stormwater control fees collected shall be held in a fund specifically for the benefit of stormwater and combined sewer in the combined sewer area and may be used to pay for capital projects within the combined sewer area and any outstanding debt associated with those capital projects.

G. Such contributions shall not exempt property from monthly stormwater fees (i.e., stormwater rates) used for operations, maintenance and capital construction not covered by this fee. (Ord. 3731-20 § 1, 2020)

14.08.190 Rainwater conductors.

When rainwater roof drains are authorized to be connected to storm sewers or combined sewers, such conductors shall be connected to the main horizontal house drain or to the sewer main line or lateral as required by the director of public works and shall be properly trapped and vented. Drain from roof and/or areas shall be of the capacity in accordance with square footage prescribed in the following areas:

Diameter (in Inches)	Square Feet of Area
2	1,050
3	3,150
4	6,450
5	10,800
6	18,000
8	35,700
10	58,800
12	95,400

Drains serving parking areas or similar impervious ground surface areas may be required to pass through a city-approved catch basin prior to connection to the public system. (Ord. 1506-88 § 13, 1988)

14.08.200 Notification of readiness for inspection.

It shall be the responsibility of any person installing a drain, or making a side sewer connection, alteration, repair and/or extension thereof, for which a permit is required, to notify that the work has been completed and is ready for inspection before backfilling. Upon receiving such notice the inspector shall, within one work day following notice, or such additional time as may be reasonably necessary, inspect the same, and such work must be made in the manner prescribed in this chapter and to the satisfaction of the inspector before trench is backfilled. (Ord. 1506-88 § 14, 1988)

14.08.210 Right of entry.

As a condition of connection to the Everett municipal sewer system, property owners and/or occupants of property connected thereto shall permit the public works director or his/her authorized representative to enter upon any premises draining sanitary sewage or surface drainage waters into or upon the Everett municipal sewer system at all reasonable hours to ascertain whether the provisions of the ordinance codified in this chapter or any other ordinance pertaining to the Everett municipal sewer system have been complied with, and if he/she shall find any nonconformance with the provisions of the ordinance codified in this chapter or any other ordinance, he/she shall notify the owner of the premises, or his agent, of the fact. It shall thereupon be the duty of the owner or his agent to cause any nonconforming facilities to be so altered, repaired or reconstructed, as to make them conform to the requirements of the law in regard thereto, within fifteen days from the time of receiving notice. Any person who shall refuse to allow inspection as provided in this chapter shall be guilty of a violation of this chapter. (Ord. 1506-88 § 15, 1988)

14.08.220 Interference with sewers—Permit to work near.

It is unlawful for any person or persons to injure, break, remove or otherwise interfere with any portion of any manhole, lamphole, flush-tank or any other part of the Everett municipal sewer system. Repair of any injuries or damage to the system shall require a permit therefor in accordance with the terms of this chapter. (Ord. 1506-88 § 16, 1988)

14.08.230 Matter excluded from all sewers.

A. No person shall discharge substances having the following characteristics into the sewer system:

1. Solid or viscous substances including, but not limited to: ashes, cinders, glass, sand, gravel, mud, coal, straw, rubbish, shavings, grass clippings, metal, rags, feathers, pinfeathers, oils, grease, tar, asphalt, plastics, paraffin, cloth or cloth-cutting wastes, wood, sawdust, brewing or distilling slop, spent grain or hops, paunch manure, entrails, fleshings, hide, hair, offal from livestock, poultry killing and fish processing or waste containing pulped or macerated residue from industries which process fruit, vegetables, fish, meat or similar products;

2. Any matter which is chemically or physically stable for at least five days at twenty degrees centigrade, or which would form a deposit or obstruction or damage or reduce the capacity of the sewer into which it was placed;

3. Flammable, explosive or poisonous liquids, gases or solids or any matter which, after entrance into a sewer, might reasonably be expected to form in any way such flammable, explosive or poisonous liquids, gases or solids;

4. Matter of any nature at a temperature above one hundred fifty degrees Fahrenheit;

5. Liquid matter of any nature containing suspended solids in excess of two hundred fifty parts per million;

6. Matter of any nature containing a five-day biochemical oxygen demand (BOD) in excess of two hundred fifty parts per million;

7. Animal or vegetable greases, oils or matter containing animal or vegetable grease or oil of any nature in excess of fifty parts per million, or any petroleum products;

8. Liquid matter with a hydrogen ion concentration below 6.0 or above 9.0;

9. Substances having a strong odor, unpleasant odor;

10. Substances which can produce a toxic vapor, including, but not limited to, chlorinated hydrocarbons;

11. Food waste which has not been properly shredded so that one hundred percent will pass a three-eighths-inch sieve and seventy-five percent pass a one-fourth-inch sieve. Persons engaged in the retail sale of raw produce shall be limited to one grinder having a prime mover not exceeding five horsepower for the processing of raw produce waste;

12. Waste matter containing daily maximum metal concentrations in excess of state and/or federal laws and regulations;

13. Radioactive waste; and

14. Hazardous wastes concentrations in excess of state and/or federal laws and regulations;

15. Any matter which, in the opinion of the director of public works, might interfere with the satisfactory operation of any treatment plants or any portion of the sewer system.

B. Discharge of substances prohibited under subsection A of this section shall be referred to as “excess pollutant discharge.” In the event that sewage or other matter having or exceeding the above characteristics is discharged into the sewer system, in addition to other remedies, including criminal prosecution, the public works director shall issue a cease and desist order. Further, the public works director shall investigate the circumstances of such excess pollutant discharges or sewer system blockages and estimate the cost of correction and/or treatment of the discharges during the time the discharges have occurred, and the cost of correction or treatment of the discharges shall be added to the sewer charges of the customer discharging the sewage or other matter. The costs shall be collected in the same manner and procedures as all other sewer rates and charges, including lien provisions, and shall be subject to adjustment in accordance with the utility billing supervisor’s procedure.

C. In the event that the public works director finds that excess pollutant discharges of liquids containing suspended solids in excess of two hundred fifty parts per million or matter having a five-day BOD in excess of two hundred fifty parts per million or fats, oils and grease in excess of fifty parts per million may be continued without impairing proper operation of the Everett municipal sewer system, the public works director may issue an excess pollutant discharge permit and establish charges therefor. The permit shall be revocable at any time by the public works director upon finding that continued discharge of sewage exceeding the above standards will impair operation of the Everett sewer system at the time of sewer connection application. All applicants intending to operate any industrial or manufacturing operations shall submit data concerning type of wastewater discharges and the public works director shall consider issuance of an excess pollutant discharge permit at that time.

D. Correction of sewer system blockages shall be charged on a time and material basis. The city council shall by resolution establish the charges for excess pollutant discharges on the basis of an annual analysis of sewer collection and treatment costs. (Ord. 1506-88 § 17, 1988)

14.08.240 Determination of character of waste matter.

Before any matter of any nature may be discharged into the sewer system, which discharge might reasonably be considered a violation of this chapter, the controlling characteristic of such matter shall be determined to the satisfaction of the public works director. The responsibility of initiating such determinations, of any costs involved, and of submitting the results of the determinations to the public works director for his approval lies solely with the party or parties desiring to discharge the matter into the sewer system. 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 but without any objection from the city does not constitute a valid right to so discharge such matter. (Ord. 1506-88 § 18, 1988)

14.08.250 Pretreatment.

Repealed by Ord. 2034-95. (Ord. 1506-88 § 19, 1988)

14.08.260 Side sewer ownership and maintenance.

A. The city sewer department shall subsequent to approved installation, own, maintain and operate side sewer connections within the boundaries of the public right-of-way. The city sewer department shall not be responsible for maintenance and operation of side sewers outside the public right-of-way.

B. In the event a side sewer becomes blocked or stopped, it shall be the responsibility of the customer whose premises are attached to the side sewer at his expense to investigate, by a roto-rooter type equipment or other approved method, whether the blockage or stoppage is on his premises or within the public right-of-way. In the event that the customer has cause to believe the stoppage is within the public right-of-way, he shall notify the city sewer department which shall investigate and determine the location after the customer has made the initial effort to investigate and remove the side sewer obstruction by the approved methods. The determination of the public works director, or his designee, shall be final and conclusive. If it is determined that the stoppage is within the responsibility of the city, by the city sewer department, and the stoppage is due to a broken side service line within the city right-of-way, the bill for services of the last roto-rooter type contractor shall be paid or reimbursed by the city sewer fund for all work related to investigation and work on the public right of-way, as herein provided, at no cost to the customer. Payment of said bill or said reimbursement in accordance with the aforesaid procedure shall be pursuant to the duty established by this chapter and the city sewer code and a damage claim may be waived.

C. Side sewers shall not be installed nor extended in streets or alleys by customers unless specifically approved by the sewer department prior to such installation and a permit is obtained by the customer from the city engineer’s office.

D. Side sewer connections to the sewer main will be made at the owner’s expense, under the inspection or supervision of the sewer department. (Ord. 855-82 § 1, 1982; Ord. 296-74 § 1, 1974)

14.08.270 Repair and maintenance of sewer lines.

It shall be the duty of each abutting property owner to repair and maintain the side sewer line serving his property between the premises served and the right-of-way. When any private drain pipe connected with any public sewer or drain becomes obstructed, broken, or out of order, the director of engineering and utilities, or his designee, shall, if the owner, agent or tenant of such premises fails to repair the same after two days notice so to do, cause such drain pipe to be removed, reconstructed, repaired, altered or cleaned out as he may deem expedient, at the expense of the owner, agent or occupant of such premises as aforesaid, and shall be a lien against the property as provided in Section 14.08.250 and shall be collected in the manner provided in Section 14.08.250. (Ord. 296-74 § 2, 1974; prior code § 2.20.230)

14.08.280 Violation—Penalty.

A. Whenever, in the opinion of the mayor, a violation hereof constitutes a hazard to the operation of the Everett municipal sewer system, such violation shall constitute a nuisance for which the city may seek injunctive relief or abatement in a court of competent jurisdiction.

B. Any person violating any of the provisions or failing to comply with any of the mandatory requirements of this chapter shall upon conviction of such violation or failure be punished by a fine of not more than one thousand dollars.

C. Penalty or enforcement provisions in this chapter shall not be exclusive. (Ord. 1506-88 § 20, 1988)

¹ Impervious area as defined in the Washington State Stormwater Management Manual for Western Washington.

² Code reviser’s note: Ord. 3579-17 adds 14.08.135(K), which has been editorially relettered as (L) to avoid duplication. Section 6 of Ord. 3579-17 reads: “This Ordinance shall expire on December 31, 2021.”