Chapter 14.12
CESSPOOLS, SEPTIC TANKS, ETC.

Sections:

14.12.010    License required.

14.12.020    Points of disposal.

14.12.030    License applications.

14.12.040    License fees.

14.12.050    Volume fee.

14.12.060    Bond required—Licensee responsibility.

14.12.070    Insurance.

14.12.080    Points of disposal—License revocation suspension.

14.12.090    Methods of discharge.

14.12.100    Violation of provisions.

14.12.110    Prohibited discharges.

14.12.120    Penalty for violations.

14.12.010 License required.

A.    It is unlawful for persons engaged in the business of disposal of materials to discharge sewage or like materials from cesspools, septic tanks, holding tanks, chemical toilets, portable toilets and privies into the city sewage system at any point of disposal without having first obtained from the city a written license to do so. This license shall be in addition to all other permits and/or licenses required by law, and shall be issued only to the holder of a proper registration and inspection certificate issued by the Snohomish County health department to carry on or engage in the business of cleaning septic tanks, cesspools, grease traps and seepage pits.

B.    A separate license shall be obtained for each vehicle so used, which license shall be prominently displayed in or on the vehicle at all times. No license may be transferred from one vehicle to another except in the event of loss, destruction or replacement of a vehicle. The city clerk shall issue replacement license only with the approval of the sewer superintendent.

C.    The name of the person, persons or business to whom the license is granted and the license number shall be prominently displayed on the vehicle. (Ord. 801-81 § 1, 1981)

14.12.020 Points of disposal.

It is unlawful for persons engaged in the business of disposal of material to discharge sewage or like materials from cesspools, septic tanks, holding tanks, chemical toilets, portable toilets and privies into the city sewage system except at points of disposal authorized by the sewer superintendent. (Ord. 801-81 § 2, 1981)

14.12.030 License applications.

Applications for licenses to discharge sewage or like materials from cesspools, septic tanks, holding tanks, chemical toilets, portable toilets and privies into the city sewage system shall be completed on such forms as are required by the sewer superintendent and submitted to the city clerk. Upon approval of such application form by the sewer superintendent, together with assurance of compliance of all terms of this chapter, the city clerk is authorized to grant said license. (Ord. 801-81 § 3, 1981)

14.12.040 License fees.

A.    The annual fee for a license to discharge sewage or like materials from cesspools, septic tanks, holding tanks, chemical toilets, portable toilets and privies into the city sewage system shall be one hundred dollars for each vehicle having capacity of twenty-five hundred gallons or less, and one hundred sixty dollars for each vehicle having capacity in excess of twenty-five hundred gallons which is employed or used by the license holder for the hauling and discharge of such materials. Said fees shall be considered as sewer revenues. Said license shall be an annual license which shall expire December 31st of each year.

B.    In lieu of the annual license herein established and heretofore required by the city, there is established a semiannual license to discharge sewage or like material from cesspools, septic tanks, holding tanks, chemical toilets, portable toilets and privies into the city sewage system, the fee for which shall be fifty dollars for each vehicle having a capacity of twenty-five hundred gallons or less and eighty dollars for each vehicle having a capacity in excess of twenty-five hundred gallons which is employed or used by the license holder for the hauling and discharge of such material. The fees shall be considered sewer revenues. All licenses issued in any month subsequent to July 31st shall be issued upon payment of a semiannual license fee. All licenses issued prior to July 31st shall be issued upon payment of an annual license fee.

C.    No refund of any license fee shall be granted for cessation of operations prior to the expiration of the license. Discharge of such materials without renewal of the license shall be considered a violation of Section 14.12.020. (Ord. 801-81 § 4, 1981)

14.12.050 Volume fee.

In addition to the license fee established in Section 14.12.040, there is hereby established a volume fee. For discharging septic waste there is established a fee of 3.35¢ per gallon discharged. For discharging chemical toilet waste, there is established a fee of 2.25¢ per gallon discharged. For discharge of leachate from the Cathcart Sanitary Landfill, there is established a charge of 2.25¢ per gallon discharged. After December 31, 1985, any changes in the volume fee shall be established by resolution of the city council. Septic waste shall include that material taken from cesspools, septic tanks and holding tanks. Chemical toilet waste shall include that material taken from chemical toilets, portable toilets and privies. If a truck load contains both septic waste and chemical toilet waste, the licensee shall be charged per the septic waste rate. The charge levied to the licensee shall be based upon the registered truck volume for each load discharged unless previously arranged otherwise. Furthermore, there shall be a surcharge equal to twenty-five percent of the volume fee for those hauling septic waste from outside the city of Everett and a surcharge of twenty-five percent for those hauling chemical toilet waste from outside the city of Everett beginning October 1, 1981, through December 31, 1983, and a fifty percent surcharge thereafter.

The volume fee shall be paid to the city within fifteen days of mailing the bill therefor by the city. In the event of nonpayment of the volume fee, the license shall be cancelled. If the licensee questions the amount owing, the licensee must contact the city prior to the fifteenth day in which event the procedure set forth in Sections 14.32.060, 14.32.070, 14.32.080 and 14.32.090 (as is or is hereafter amended) will be followed. A licensee who appeals pursuant to the above procedure will not be subject to loss of license during the appeal proceedings; provided that undisputed amounts are paid. (Ord. 1110-85 § 1, 1985; Ord. 914-82 § 1, 1982; Ord. 801-81 § 5, 1981)

14.12.060 Bond required—Licensee responsibility.

A.    Each applicant shall be required to post a continuing cash bond or surety bond in the amount of ten thousand dollars to assure the city of licensee’s full performance of all requirements under this chapter including any past due payments as required under Section 14.12.050. At the expiration of the license period, the cash bond shall be returned to the permittee upon written request therefor or the permittee may authorize said bond to be retained to secure a subsequent license.

B.    Licensee shall be responsible for negligent or non-negligent damaging by the licensee of property owned or used by the city and all costs incurred by the city as a result of any failure of the licensee to comply with the terms of the license. Failure to pay damages to the city upon demand shall be grounds for revocation of this license. (Ord. 801-81 § 6, 1981)

14.12.070 Insurance.

Each licensee shall hold harmless the city of Everett, its agents, officials and employees against all claims arising out of all operations relating to disposal of material into the city sewage system pursuant to this chapter and each applicant shall submit an insurance certificate with a loss-payee clause demonstrating bodily injury and property damage liability insurance with combined single limits of five hundred thousand dollars each occurrence and said certificate will include the city as a named insured under said policy. Nothing herein shall in any manner preclude the applicant from obtaining such additional insurance coverage as he may deem necessary for his own protection. Cancellation of the required insurance shall be grounds for immediate revocation of the license. The city shall be entitled to thirty days’ notice prior to cancellation. (Ord. 801-81 § 7, 1981)

14.12.080 Points of disposal—License revocation suspension.

The sewer superintendent is authorized to designate the points of disposal of materials collected by the licensees. The sewer superintendent or the city clerk is further authorized to revoke or suspend licenses for failure to comply with the provisions of this chapter, subject to the right of persons affected to appeal from such revocation or suspension to city council pursuant to the provisions of Section 5.04.080(B) as it is or is hereafter amended. The licensee shall complete a discharge form and return said form to the septic dump site operator prior to any discharge from permittee’s vehicle. Upon approval of the discharge form by the septic dump site operator, the licensee may discharge into the specified dump site manhole. (Ord. 801-81 § 8, 1981)

14.12.090 Methods of discharge.

The licensee shall use a hose to discharge materials into the city sewage system and discharge shall be in a clean and inoffensive manner satisfactory to the sewer superintendent. Equipment and methods used by the licensee to discharge such materials shall be subject to inspection by and/or approval by the sewer superintendent except that the sewer superintendent may waive such inspection upon submittal, by the applicant, of a valid registration and inspection certificate issued by the Snohomish County health district. Failure to comply with the requirements of the sewer superintendent with regard to equipment and methods of discharge shall be grounds for revocation of the license. (Ord. 801-81 § 9, 1981)

14.12.100 Violation of provisions.

A license may be revoked or suspended by the sewer superintendent or the city clerk for failure to discharge at designated points or for any discharge which is in violation of the provisions of this chapter or the rules and regulations as promulgated by the sewer superintendent. (Ord. 801-81 § 10, 1981)

14.12.110 Prohibited discharges.

No person shall discharge, directly or indirectly, into the city sewage system any material or substance which is prohibited by any rules, regulations or ordinances of the city. (Ord. 801-81 § 11, 1981)

14.12.120 Penalty for violations.

Any person who violates any provision of this chapter shall be guilty of a misdemeanor and upon conviction shall be punishable by a fine of not more than five hundred dollars or six months in jail or both. (Ord. 801-81 § 12, 1981)