Chapter 13.30 SEWAGE SYSTEM

Words and phrases used in this chapter, unless the same shall be contrary to or inconsistent with the context, shall mean as defined in this article. [Ord. 692 § 8, 2009; Ord. 154 § 1.01, 1974.]

“B.O.D.” (denoting biochemical oxygen demand) means the quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory procedure in five days at 20 degrees centigrade expressed in parts per million by weight. [Ord. 154 § 1.02, 1974.]

13.30.0103 Building drain.

“Building drain” means that part of the lowest horizontal piping of a drainage system which receives the discharge from soil, waste and other drainage pipes inside the walls of the building and conveys it to the building sewer. [Ord. 154 § 1.03, 1974.]

13.30.0104 Building sewer.

“Building sewer” (or side sewer) means the extension from the building drain to the public sewer or other place of disposal, beginning two and one-half feet outside the foundation wall. [Ord. 154 § 1.04, 1974.]

13.30.0105 Clerk.

“Clerk” means the City Clerk of the City of Everson, Whatcom County, Washington. [Ord. 154 § 1.05, 1974.]

13.30.0106 Cover.

“Cover” means the depth of material lying between the top of the sewer and the finished grade immediately above it. [Ord. 154 § 1.06, 1974.]

13.30.0107 Downspout.

“Downspout” means the leader or pipe above ground which is installed to conduct water from the roof gutter. [Ord. 154 § 1.07, 1974.]

13.30.0108 Duplex.

“Duplex” means a two-family dwelling, a building containing not more than two kitchens, designated and/or used to house not more than two families living independently of each other and including all necessary household employees of each family. [Ord. 154 § 1.08, 1974.]

13.30.0109 Garbage.

“Garbage” means solid waste from the preparation, cooking and dispensing of food and from the handling, sale and storing of produce. [Ord. 154 § 1.09, 1974.]

13.30.0110 Health officer.

“Health Officer” means the official responsible for the public health or his authorized representative. [Ord. 154 § 1.10, 1974.]

13.30.0111 Industrial waste.

“Industrial waste” means the wastes from industrial process as distinguished from sanitary sewage. [Ord. 154 § 1.11, 1974.]

13.30.0112 Licensed side sewer contractor.

“Licensed side sewer contractor” means any person, partnership, corporation or association duly qualified to do work of construction or repair of side sewers under permits issued under this title and who have been duly licensed by the City of Everson. [Ord. 154 § 1.12, 1974.]

13.30.0113 Occupant.

“Occupant” means any person or owner in physical possession of the building or structure to which sewer service is available. [Ord. 154 § 1.13, 1974.]

13.30.0114 Permit card.

“Permit card” means a card issued in conjunction with any permit and such card shall be posted on the premises and shall be readily and safely accessible to the Superintendent. [Ord. 154 § 1.14, 1974.]

13.30.0115 Person or owner.

“Person” or “owner” means any individual, firm, company, association, society, corporation, or group. [Ord. 154 § 1.15, 1974.]

13.30.0116 pH.

“pH” means the logarithm of the reciprocal of the weight of hydrogen ions in grams per liter of solution. [Ord. 154 § 1.16, 1974.]

13.30.0117 Private sewer.

“Private sewer” means the sewer line and disposal system constructed, installed, or maintained where connection with the public sewer system is not required herein. [Ord. 154 § 1.17, 1974.]

13.30.0118 Properly shredded garbage.

“Properly shredded garbage” means garbage that has been shredded to such a degree that all particles will be carried freely under the flow conditions normally prevailing in public sewers, with no particles greater than three-eighths inch in any dimension. [Ord. 154 § 1.18, 1974.]

13.30.0119 Public place or public area.

“Public place” or “public area” means any space dedicated to or acquired for the use of the general public. [Ord. 154 § 1.19, 1974.]

13.30.0120 Public sewer.

“Public sewer” means a sewer in which all owners of abutting properties have equal rights, and is controlled by public authority. [Ord. 154 § 1.20, 1974.]

13.30.0121 Sewage.

“Sewage” means the combination of the water-carried wastes from residences, business buildings, institutions, industrial establishments, and other sewer users. [Ord. 154 § 1.21, 1974.]

13.30.0122 Sewer.

“Sewer” means a pipe or conduit for carrying sewage. [Ord. 154 § 1.22, 1974.]

13.30.0123 Sewer plat.

“Sewer plat” means a plat issued by the superintendent in conjunction with any permit and the plat shall serve as his record of all matters pertaining to the permit. [Ord. 154 § 1.23, 1974.]

13.30.0124 Shall; may.

“Shall” is mandatory; “may” is permissive. [Ord. 154 § 1.24, 1974.]

13.30.0125 Side sewer.

“Side sewer” means the extension from the public sewer to the house or building drain. [Ord. 154 § 1.25, 1974.]

13.30.0126 Storm water.

“Storm water” means waters on the surface of the ground or underground resulting from rainfall or other natural precipitation. [Ord. 154 § 1.26, 1974.]

13.30.0127 Superintendent.

“Superintendent” means the Superintendent of the sewer system in the City of Everson or his authorized deputy, agent or representative. [Ord. 154 § 1.27, 1974.]

13.30.0128 Suspended solids.

“Suspended solids” means solids that either float on the surface of or are in suspension in water, sewage or other liquids, and which are removable by filtering. [Ord. 154 § 1.28, 1974.]

13.30.0129 City.

“City” means the City of Everson, Whatcom County, Washington. [Ord. 154 § 1.29, 1974.]

13.30.0130 City council.

“City Council” means the City Council of the City of Everson. [Ord. 154 § 1.30, 1974.]

Article II. Use of Public Sewer

13.30.0201 Unlawful deposit of waste.

It shall be unlawful for any person to place, deposit, or permit to be deposited in any unsanitary manner upon public or private property within the City of Everson, or in any area under the jurisdiction of the City, any human or animal excrement, garbage or other objectionable waste. [Ord. 154 § 2.01, 1974.]

13.30.0202 Treatment of sewage required.

Except as hereinafter provided, it shall be unlawful to construct or maintain any privy, privy vault, septic tank, cesspool or other facilities intended or used for the disposal of sewage. [Ord. 154 § 2.02, 1974.]

13.30.0203 Sewer connection required.

The owner of each lot or parcel of real property within the City of Everson, upon which lot or parcel there is situated any building or structure for human occupancy or use for any other purpose, and whenever there is a public sewer line located in that segment of the adjacent public right-of-way directly abutting the property or within 50 feet of the property line of such lot or parcel and the public sewer line is capable of serving the property, shall install suitable toilet facilities therein and shall connect such facilities, together with all other facilities therein the use of which results in the existence of sewage as defined herein, with the public sewer system at his own expense within one year after acceptance by the City of the public sewer line capable of serving such lot or parcel. A public sewer line shall be deemed capable of serving the property if the sewer line has sufficient available capacity, even though one or more floors of such building or structure cannot be served by gravity flow into the City sewer lines. The time within which said connection is required to be made pursuant to this section may be extended to not more than five years from the date the City accepts the abutting or adjacent public sewer line, upon written request of the property owner and on the condition that the property owner submits annual reports of system status prepared by an Operation and Maintenance Specialist licensed by Whatcom County Health Department that demonstrate to the satisfaction of the Superintendent that the private sewage disposal system is not failing and is in proper working condition. [Ord. 724 § 1, 2012; Ord. 154 § 2.03, 1974.]

13.30.0204 Private sewage disposal required.

Where a public sewer line is not available under the provisions of the foregoing section, a private sewer and sewage disposal system shall be constructed in accordance with provisions herein. [Ord. 154 § 2.04, 1974.]

13.30.0205 Connection to new public sewer required.

Whenever a public sewer becomes available to a lot or parcel served by a private sewage disposal system as provided in the foregoing section, a direct connection shall be made to the public sewer in compliance with this chapter and any septic tanks, cesspools and similar private sewage disposal facilities shall be abandoned and filled with suitable material. [Ord. 154 § 2.05, 1974.]

13.30.0206 Failure to connect to public sewer.

In the event the side sewer and connection to the public sewer are not made within the time herein provided, and after a minimum of 60 days following provision of written notice to the property owner, return receipt requested, the Superintendent is hereby authorized and directed to cause the same to be made and file a statement thereof with the City Clerk, and thereupon a warrant shall be issued under the direction of the City Council for the payment of such costs. Such amount, together with a penalty of 10 percent thereof, plus interest at the rate of eight percent per annum upon the total amount of the cost and the penalty shall be assessed against the property upon which side sewer and connection has not been placed as required and shall become a lien thereon as herein provided. [Ord. 724 § 2, 2012; Ord. 154 § 2.06, 1974.]

13.30.0207 Private sewer design, operation and maintenance.

The type, capacities, location and layout of a private sewage system shall comply with all recommendations and regulations of the Department of Public Health of the State of Washington, and of the regulations of the City of Everson. No septic tank or cesspool shall be permitted to discharge to any public sewer or natural outlet or to ground surface. The owner shall operate and maintain the private sewage disposal facilities in a sanitary manner at all times at no expense to the City. [Ord. 154 § 2.07, 1974.]

13.30.0208 Connection to public sewer of new buildings.

Any building hereafter constructed or made available for human occupation and use upon a lot or parcel or real estate capable of being served as defined in EMC 13.30.0203, shall, within 90 days after an application for a side sewer permit shall have been made, or prior to occupancy of the premises, whichever event first occurs, be connected to the sewer system of the City. [Ord. 154 § 2.08, 1974.]

13.30.0209 Sewer connection charge.

The following sewer connection charges shall apply to all developments requiring a new connection to the public sewer system and to expanded developments utilizing an existing connection. The following connection charges shall be paid prior to connection to the public sewer system:

A. Residential Uses.

1. General rate: $6,400 per dwelling unit;

2. Residential structures served by existing approved septic systems: $2,500 per dwelling unit if connection is made within one year of the date of City acceptance of the abutting or adjacent public sewer as described in EMC 13.30.0203, and $3,500 if connection is made within two years of said date of acceptance, and $4,500 if connection is made within three years of said date of acceptance, and $5,500 if connection is made within four years of said date of acceptance, and the general rate as specified under subsection (A)(1) of this section, if connection is made more than four years from said date of acceptance.

B. Commercial, Industrial or Other Uses Exclusively Producing Domestic Waste.

1. For first five water closets or urinals: $6,400.

2. Per additional water closet or urinal: $1,200.

C. Commercial, Industrial or Other Uses Not Exclusively Producing Domestic Waste.

1. Charge for domestic waste calculated according to subsections (B)(1) and (2) of this section;

2. Additional charge for nondomestic waste of $6,400 per equivalent residential unit (ERU) multiplied by the number of ERUs of nondomestic waste produced, where the number of ERUs is calculated by dividing the average daily discharge of nondomestic waste by 250 gallons per day per ERU, where said average daily discharge shall be calculated by a licensed professional engineer retained by the applicant and confirmed by the City. [Ord. 724 § 3, 2012; Ord. 600 § 2, 2003; Ord. 417 § 1, 1991; Ord. 359 § 1, 1988; Ord. 350 § 1, 1987; Ord. 326 § 2, 1986; Ord. 274 § 4B, 1982.]

Article III. Side Sewer Permit Required

13.30.0301 Unlawful connections to side sewer.

It shall be unlawful for any person to make any connection with any public or side sewer without complying with all of the provisions of this chapter in relation thereto and having first procured a permit to do so from the City Clerk. [Ord. 154 § 3.01, 1974.]

13.30.0302 Permit application.

Application for the permit required by the foregoing section shall be filed in the office of the City Clerk, stating the name of the owner, the correct address and proper legal description of the property to be served, dimensions and locations of any buildings on the property, and the whole course of the side sewer from the public sewer to its connection with the building or property to be served. The application shall be submitted to the Clerk for approval, who may change or modify the same and designated the manner and place in which such sewers shall be connected with the public sewer and shall endorse his approval upon the application if the same is acceptable to him. The Clerk may require the permittee to furnish plans pertaining to the application and issuance of the permit. [Ord. 154 § 3.02, 1974.]

13.30.0303 Sewer plat by superintendent.

Upon approval of the application, the Superintendent shall issue for his own records a sewer plat showing the size and location of the public sewer, the point of connection, the location of any buildings on the lot, the course of the side sewer to its connection with the house or other building, the grade of such side sewer, and such other information as may be deemed pertinent. [Ord. 154 § 3.04, 1974.]

13.30.0304 Unlawful alteration of permit.

Upon approval of the application and issuance of the permit, it shall be unlawful to alter the permit or to perform any work other than is provided for in the permit. [Ord. 154 § 3.04, 1974.]

13.30.0305 Sewer connection records by superintendent.

The Superintendent shall prepare and keep on file in his office all cards and records of sewer connections showing the information obtained in the course of inspection of completed work done under such permit. [Ord. 154 § 3.05, 1974.]

13.30.0306 Construction of side sewer.

It shall be unlawful to construct, extend, relay, repair or to make connection to any side sewer inside the property line without obtaining a permit from the City Clerk as hereinabove provided. The Clerk may issue such permit to the owner or occupant of any property to construct, extend, relay, repair or make connections to any side sewer inside the property lines; in such event, however, such owner or occupant shall comply with the applicable provisions of this chapter, except that he need not employ a licensed side sewer contractor to do the work if he makes the installation himself. However, should the owner or occupant employ another person to make the installation of the side sewer, it must be a licensed side sewer contractor, and such contractor shall secure the permit, but in such event the owner, occupant or other person shall lay no pipe pursuant to such permit. [Ord. 154 § 3.06, 1974.]

13.30.0307 Unlawful connection to public sewer.

It shall be unlawful to make any connection to any public sewer, or to lay, repair, alter or connect any side sewer in any public area except by the holder of a side sewer contractor’s license issued by the Clerk. [Ord. 154 § 3.07, 1974.]

13.30.0308 Unlawful alterations.

No licensed side sewer contractor shall break, alter, or tamper with any public sewer, except that he may connect a wye or tee which exists for that purpose, under the supervision of the Superintendent. [Ord. 154 § 3.08, 1974.]

13.30.0309 Unguarded excavations.

It shall be unlawful for any person, whether owner, occupant or side sewer contractor, to leave unguarded any excavation made in connection with the construction or repair of any side sewer within four feet of any public place or fail to maintain the lateral support of any public place in connection with the construction, alteration or repair of any side sewer. [Ord. 154 § 3.09, 1974.]

13.30.0310 Work covered by permit.

When a permit has been issued for a side sewer as herein provided, no work other than that covered by the permit shall be done without the approval of the Superintendent; and he may, if he deems the additional work of sufficient consequence, require a new permit to cover the same. [Ord. 154 § 3.10, 1974.]

13.30.0311 Disconnection.

It shall be unlawful to disconnect any side sewer, or remove any portion of a side sewer without securing a permit from the Superintendent to do so. The disconnected service shall be plugged at the property line to the satisfaction of the Superintendent. There will be no charge made for a permit to disconnect or remove and service the sewer. [Ord. 154 § 3.11, 1974.]

Article IV. Obtaining Side Sewer Permit

13.30.0401 Permit application.

Application for such permit shall be made on a printed form furnished by the City and the applicable permit fee and connection charge shall be paid by each applicant, which shall include an inspection fee. [Ord. 154 § 4.01, 1974.]

13.30.0402 Expiration of permit.

No permit issued under this chapter shall be valid for a period longer than 90 days unless extended or renewed by the Clerk upon application therefore prior to the expiration of same. Failure to renew the permit prior to the expiration thereof shall require the payment of a new permit fee. [Ord. 154 § 4.02, 1974.]

13.30.0403 Extension of permit.

The Clerk may, upon application and payment of the appropriate fees by the holder of a currently valid side sewer permit, grant an extension of 30 days for the completion of work under the permits, including inspecting and testing. Only one extension will be granted for a given permit. [Ord. 154 § 4.03, 1974.]

13.30.0404 Posting of permit card.

The permit card required by this chapter must at all times during the performance of the work, and until the completion thereof, and approval by the Superintendent be posted in some conspicuous place at or near the work and must be readily and safely accessible to the Superintendent. [Ord. 154 § 4.04, 1974.]

Article V. Inspection

13.30.0501 Inspection prior to backfilling.

No side sewer trench shall be filled or any sewer covered until the work shall have been inspected and approved by the Superintendent. [Ord. 154 § 5.01, 1974.]

13.30.0502 Notification of superintendent.

Any person performing work under permit pursuant to the provisions of this chapter shall notify the Superintendent when the work will be ready for inspection and shall specify in such notification the location of the premises by address and the file number of the permit. The Superintendent or a member of his staff shall make such inspection within 48 hours after receipt of notice, excluding Saturday, Sunday or holidays. [Ord. 154 § 5.02, 1974.]

13.30.0503 Contractor’s presence during inspection.

In the case of a licensed side sewer contractor, either the contractor or a competent representative shall be available to meet the Superintendent on the premises when so directed. [Ord. 154 § 5.03, 1974.]

13.30.0504 Notification of improper work.

If the Superintendent finds the work or materials used is not in accordance with this chapter, he shall notify the person doing the work and also the owner or occupant of the premises by posting a written notice on the permit card and such posted notice shall be all the notice required to be given of the defects in the work or materials found in such inspection. [Ord. 154 § 5.04, 1974.]

13.30.0505 Completion of work within public area.

All work within the limits of any public area shall be prosecuted to completion with due diligence, and if any excavation is left open and beyond a time reasonably necessary to fill the same, the Superintendent may cause the same to be backfilled and the public area restored forthwith. [Ord. 154 § 5.05, 1974.]

13.30.0506 Work not in accordance with plans and specifications.

If any work done under a permit granted as provided herein is not done in accordance with the provisions of this chapter and the plan and specification as approved by the Superintendent, or when any side sewer is constructed, laid, connected or repaired and does not comply with the provisions of this chapter, or where it is determined by the Health Officer or the Superintendent that a side sewer is obstructed, broken, or inadequate and is a menace to health or is liable to cause damage to either public or private property, or EMC 13.30.0505 is violated, then, after notice by the Health Officer or Superintendent, the contractor, owner, or person doing the work, as the case may be, refuses to properly construct, repair or complete such work within the time specified in such notice, the Superintendent may perform such work as may be necessary to comply with this chapter and the cost of such work so done shall be charged to the property owner, occupant or contractor, as the case may be, and shall become immediately payable to the City of Everson upon written notice of such amount being delivered to such owner, occupant or contractor, or posted upon such premises. [Ord. 154 § 5.06, 1974.]

Article VI. Side Sewer Construction

13.30.0601 Side sewer grades.

All side sewers shall be laid on a grade one-quarter inch per foot for four-inch pipe and one-eighth inch per foot for six-inch pipe or greater. [Ord. 154 § 6.01, 1974.]

13.30.0602 Available grade.

The applicant for permit shall be responsible for determining the available grade between building drain and sewer tee or stub. [Ord. 154 § 6.02, 1974.]

13.30.0603 Gravity flow unavailable.

In any case where the house or building drain is too low to permit gravity flow to the public sewer, the same shall be lifted by artificial means and discharged into the public sewer. [Ord. 154 § 6.03, 1974.]

13.30.0604 Waiver of standard grade requirements.

The requirements of EMC 13.30.0601 may be waived by the Superintendent in his discretion, but in such cases the following requirements will be adhered to:

A. Upon approval by the Superintendent, a backwater valve shall be installed on all side sewers below grade as above prescribed unless the Superintendent waives this requirement.

B. The effective operation of any backwater valve shall be the responsibility of the owner of the side sewer.

C. No installation of any side sewer below grade as above prescribed nor any installation of any backwater valve shall be approved by the Superintendent until the application has been executed and a grade release in form prescribed by the Superintendent agreeing to save the City of Everson harmless from all damage resulting therefrom, together with the fee to cover the costs of recording the same, have been delivered to the City Clerk. [Ord. 154 § 6.04, 1974.]

13.30.0605 Side sewer layout.

Side sewers shall be laid out not less than 30 inches from any foundation wall, outer lines of any footings, pilings or building supports. [Ord. 154 § 6.05, 1974.]

13.30.0606 Side sewer cover.

Except as provided in EMC 13.30.0705, minimum cover for side sewers shall be three and one-half feet in outside parking strip, two feet in inside parking strip, two and one-half feet in a public alley at the property, two and one-half feet where side sewer crosses under a ditch, and 18 inches on private property. [Ord. 154 § 6.06, 1974.]

13.30.0607 Side sewer connection location.

All connections shall be made to the location assigned at the time the permit is issued, and no side sewer belonging to another owner shall be used unless written permission for such use accompanies the side sewer application. [Ord. 154 § 6.07, 1974.]

13.30.0608 Multiple connections to side sewers.

If a side sewer is to serve more than one property, by joint agreement of the owners, an approved document ensuring that all properties involved shall have perpetual use of the side sewer, and having provisions for maintenance and for access for repair purposes, shall be signed by the record owner. This document shall be notarized and recorded with the County Auditor and shall be referred to as an “easement.” [Ord. 154 § 6.08, 1974.]

13.30.0609 Multiple connections – Standards.

If a side sewer is to serve two or more, limited to a maximum number of six houses, the use of six-inch pipe shall be specified. A six-inch cleanout extending to within 12 inches of the ground surface will be required at the wye where the upper grade connections are made. [Ord. 154 § 6.09, 1974.]

13.30.0610 Plans by engineer.

If more than six buildings are to be connected to a single side sewer, the Clerk may require plans prepared by a registered professional engineer to be submitted to the City for approval, showing the size of pipe and grade proposed. Upon approval of these plans by the City Council, the Clerk may issue the permit. [Ord. 154 § 6.10, 1974.]

13.30.0611 Size of side sewer pipe.

Except as provided in EMC 13.30.0704, all side sewers servicing a single house may be of four-inch pipe or larger. All side sewers servicing multiple dwellings, commercial establishments, schools, or any building other than single-family residences shall be of six-inch pipe or larger. [Ord. 154 § 6.11, 1974.]

13.30.0612 Connection around private sewage disposal facilities.

Any connections to a septic tank, cesspool, or privy vault shall be removed and direct connection made to the house of building drain; provided, however, that connection may be made through existing septic tanks or cesspools, but in such event cast iron pipe shall be used through such cesspool or septic tank. In all cases, such cesspool or septic tank shall be properly disinfected and filled with suitable material. [Ord. 154 § 6.12, 1974.]

13.30.0613 Use of existing side sewer.

The use of any existing side sewer may be permitted by the Superintendent if it conforms to all requirements of this chapter in cases where a new of converted building or new installation replaces an old one. Testing of the sewer may be required. [Ord. 154 § 6.13, 1974.]

13.30.0614 Connection to approved sewer.

No side sewer connection shall be made to the public sewer until that section of sewer main has been approved by the City for side sewer connections. [Ord. 154 § 6.14, 1974.]

13.30.0615 Damage to sewer main.

The side sewer contractor or other persons doing the work shall prevent any damage to the sewer main, tee or stub out, and shall so conduct his trenching operations as to prevent the possibility of damage occurring. Undercutting of sewer main and wye is prohibited. [Ord. 154 § 6.15, 1974.]

13.30.0616 Tapping saddle required.

In the event there is no suitable tee or stub out, a tap to the main may be made by a licensed side sewer contractor, under the direct supervision of the Superintendent. The tap shall be made with the approved rubber joint saddle on all types of sewer main. Grouting in a tee or wye is not permitted. Great care shall be taken in cutting a net hole into the sewer main, and in the event of breakage of the sewer main, the broken section shall be removed and replaced at no cost to the City. [Ord. 154 § 6.16, 1974.]

13.30.0617 Pipe bedding.

The bottom of the trench shall be smooth and free of large rocks. A four-inch depth of pipe bedding material shall be placed in the trench before the pipe is installed. Bedding material may consist of coarse sand, well graded pea gravel three-eighths inch minus, clean, select pit run granular material one-half inch minus approved by the Superintendent, or suitable granular excavation from the trench which has been approved by the Superintendent. [Ord. 134 § 6.17, 1974.]

13.30.0618 Pipe bedding foundation.

Where soft foundation material is encountered, overexcavation as directed by the Superintendent may be required and the installation of one-and-one-half-inch minus washed rock before placing pipe bedding as directed under EMC 13.30.0617. [Ord. 154 § 6.18, 1974.]

13.30.0619 Overexcavation.

Any unauthorized overexcavation below the pipe shall be filled with bedding material and compacted. [Ord. 154 § 6.19, 1974.]

13.30.0620 Connection to tee or stub out.

The side sewer contractor or other persons doing the work shall carefully remove the plug from the tee or stub out and shall prevent the entrance of all foreign material into the pipe. The type of joint to be used for connecting the side sewer pipe to the tee or stub out shall be that for which the wye was designed. Rubber or plastic joint adapters shall be used as required to connect pipes and wyes of different materials or joint designs. Selected bedding material as outlined in EMC 13.30.0618 shall be hand-tamped in a moist condition under and around the wye and connection to the wye made so as to prevent any pressure on the wye. Care shall be taken to prevent the dislodging of this hand-tamped material during the balance of the backfill operation. All sewers shall be laid true to grade with the bells upgrade. Pipe shall be firmly bedded for the full length of the barrel in the prepared trench bottom. Pipe shall be carefully centered prior to the joining. Joints shall be installed in strict compliance with the manufacturer’s recommendations. Spigot ends shall be thoroughly cleaned before applying gasket cement and rubber gaskets. The interior surface of the bell previously laid shall be thoroughly cleansed and coated with gasket cement or lubricant as recommended by the manufacturer. After the section being laid has been carefully aligned, the joint shall be completed. [Ord. 502 § 1, 1996; Ord. 154 § 6.20, 1974.]

13.30.0621 Tee required at property line.

On all side sewers, the first length of pipe inside the property line shall be a tee with the branch installed upward. The tee connection shall be the same size as the service line between house and the property line. After testing the side sewer as outlined in Article VIII, the tee shall be capped. To facilitate location of tee for future use, a two-inch by four-inch center stake shall be set vertically in the trench beside the tee with the top cut of one inch below the finished ground surface. [Ord. 692 § 8, 2009; Ord. 154 § 6.21, 1974.]

13.30.0622 Connection at building.

The connection to the cast iron pipe at the building shall be suitable rubber gasket sleeve or adapter. Grout joints will not be allowed. [Ord. 502 § 2, 1996; Ord. 154 § 6.22, 1974.]

13.30.0623 Backfilling trench.

Backfill of the trench shall be done in a manner which will prevent damage to the pipe. All backfill between the sewer main and private property line, where applicable, shall be mechanically tamped in a manner approved by the Superintendent. [Ord. 502 § 3, 1996; Ord. 154 § 6.23, 1974.]

13.30.0624 Water and sewer proximity.

Parallel water and sewer lines, wherever possible, shall be laid at least 10 feet apart horizontally. Wherever it is necessary for sewer and water lines to cross each other, the crossing shall be made at an angle of approximately 90 degrees, and the sewer shall be located three or more feet below the water line if possible. [Ord. 154 § 6.24, 1974.]

13.30.0625 Special permit.

Where physical conditions render compliance with the foregoing provisions of this article impracticable, the City Clerk may issue a special permit for installation of a side sewer requiring compliance with the provisions insofar as is reasonably possible, but such permit shall be issued only upon condition that the permittee execute and deliver to the City an instrument, in form furnished by the Superintendent, agreeing to save harmless and indemnify the City of Everson from any damage or injury insulting from such substandard installation, together with fee to cover the cost of recording. [Ord. 692 § 8, 2009; Ord. 154 § 6.25, 1974.]

13.30.0626 Point of connection.

The point of connection to the City’s sewer line of any side sewer serving any multiple-family dwelling shall be as directed by the City Council. [Ord. 154 § 6.26, 1974.]

Article VII. Pipe Materials and Installation

13.30.0701 Pipe materials.

Types of pipe acceptable for standard side sewer installations are as listed in this Article VII. [Ord. 692 § 8, 2009; Ord. 154 § 7.01, 1974.]

13.30.0702 Use of PVC pipe required.

Except as provided in EMC 13.30.0612 for use of cast iron pipe in unsupported locations, sewer pipe shall be PVC minimum Schedule 35 meeting ASTM F-789 and sewer pipe fittings shall be PVC minimum Schedule 40 meeting ASTM 3034. [Ord. 502 § 4, 1996; Ord. 154 § 7.02, 1974.]

13.30.0703 Prohibited materials.

Use of asbestos cement pipe, vitrified clay pipe and concrete pipe is no longer permitted. [Ord. 502 § 5, 1996; Ord. 154 § 7.03, 1974.]

13.30.0704 Concrete pipe.

Repealed by Ord. 502. [Ord. 502 § 6, 1996; Ord. 154 § 7.04, 1974.]

13.30.0705 Side sewer pipe on private property.

All sewer pipe installed on private property with the distance from the ground surface to the top of the pipe barrel greater than six feet shall conform to EMC 13.30.0702. Where the distance is less than six feet, the pipe shall conform with EMC 13.30.0702 and 13.30.0703. [Ord. 154 § 7.05, 1974.]

13.30.0706 Side sewer pipe on public right-of-way or easements.

All side sewers installed within public right of way or easements and connecting to sewer mains shall conform with EMC 13.30.0702 and 13.30.0703. [Ord. 502 § 7, 1996; Ord. 154 § 7.06, 1974.]

13.30.0707 Installation of fittings.

Installation of fittings within side sewers shall conform to the following spacing, arrangements and size:

All changes in directions shall be made with 1/8 bends (45 degrees), 1/16 bends (22-1-1/2 degrees) or wye branches with the straight-through opening plugged for a cleanout. Not more than two bends shall be installed between cleanouts. Cleanouts, including those for commercial property, shall be installed at locations designated by the City but in no case will the distance between cleanouts exceed 100 feet. Suitable frames and covers of a type designated by the City shall be used for all cleanouts on commercial property and shall be cast concrete block flush with do final paving. Cleanouts which shall extend to within 12 inches of the ground surface shall be plugged to prevent entrance of dirt, toots or ground water. [Ord. 154 § 7.07, 1974.]

Article VIII. Testing

13.30.0801 Presence of superintendent.

All service sewers shall be tested for leakage in the presence of the Superintendent or his authorized representative. [Ord. 154 § 8.01, 1974.]

13.30.0802 Method of testing.

Service sewers shall be tested by plugging the line on the upstream side of the inspection tee and completely filling the system to the lowest fixture, drain, or cleanout within the building itself. The test shall be continued until the rate of leakage is stabilized and then the leakage shall be measured volumetrically by adding makeup water at the fixture drain or cleanout. [Ord. 154 § 8.02, 1974.]

13.30.0803 Sewers to be watertight.

Building sewers, including the side sewer to the point of connection to the public sanitary sewer or private sewage disposal system, shall be watertight at all points. [Ord. 502 § 8, 1996; Ord. 154 § 8.03, 1974.]

13.30.0804 Head greater than 15 feet.

Repealed by Ord. 502. [Ord. 502 § 9, 1996; Ord. 154 § 8.04, 1974.]

13.30.0805 Acceptance/leakage test by contractor.

The final acceptance/leakage test shall be made by the side sewer contractor or owner prior to backfilling the trench at the time of inspection. [Ord. 502 § 10, 1996; Ord. 154 § 8.05, 1974.]

Article IX. Illegal Connections

13.30.0901 Unlawful diversion of storm water.

It shall be unlawful to divert or cause to be diverted any storm water surface runoff, or underground drainage to any sewer, manhole or other appurtenant structure or portion of the sewer system. [Ord. 154 § 9.01, 1974.]

13.30.0902 Unlawful discharge to sewer.

No person shall discharge or cause to be discharged any storm water, surface water, ground water, roof run-off, subsurface drainage, cooling water, or unpolluted industrial process water to any portion of the sewer system, and no roof drains, yard drains, or roofing drains of any type shall be connected to the sanitary sewers in any manner. [Ord. 154 § 9.02, 1974.]

13.30.0903 Check for illegal connections.

At the time of inspection of the service sewer, it shall be visibly demonstrated to the Superintendent or his representative that there is no illegal connection to the service sewer by running water into the roof drains and observing the flow at the inspection riser, or by such other measures as the Superintendent may deem necessary. [Ord. 154 § 9.03, 1974.]

13.30.0904 Draining large volumes.

It shall be unlawful to drain large volumes of water directly into the sewer and thereby cause surcharging of sewer lines. Swimming pools, public or private, shall not be connected to the sewer by gravity drains, but may be de-watered by pumping the water from the pool with the pool’s recirculation pump. [Ord. 154 § 9.04, 1974.]

Article X. Unlawful to Tamper with System

13.30.1001 Unlawful damage.

It shall be unlawful to break, damage, destroy, deface, alter or tamper with any structure, appurtenances, or equipment which is part of the sewer system of the City of Everson, or without authority from the Superintendent, to break, damage, destroy, or deface any public walk, curb, or pavement, or to make openings or excavations in a public area for the purpose of connecting to any public sewer. [Ord. 154 § 10.01, 1974.]

Article XI. Substances Prohibited in System

13.30.1101 Illegal substances.

It shall be unlawful to discharge or cause to be discharged any of the following described water or wastes in any public sewer, drain ditch or natural outlet:

A. Any liquid or vapor having a temperature of higher than 150 degrees Fahrenheit.

B. Any water or waste which contains more than 100 parts per million by weight of fat, oil or grease.

C. Any gasoline, benzine, naphtha oil, or other flammable or explosive liquids, solids or gas.

D. Any garbage that has not been properly shredded as herein defined.

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

F. Any waters or wastes having a pH lower than 5.5 or higher than 8.5 or having any other corrosive property capable of causing damage or hazard to structures, equipment or personnel of the sewage works.

G. 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, animals, fish or fowl, or create any hazard in the receiving waters of the sewage treatment plant.

H. Any waters or wastes containing suspended solids of such character and quantity that unusual attention or expense is required to handle such materials at the sewage treatment plant.

I. Any noxious or malodorous gas or substance capable of creating a public nuisance. [Ord. 154 § 11.01, 1974.]

13.30.1102 Grease, sand and flammable liquids.

No grease, oil, sand, liquid or other waste containing grease or flammable material or other harmful ingredients in excessive amounts shall be discharged to any public sewer without the installation of interceptors of a type and capacity to be approved by the Superintendent, and located so as to be readily accessible for cleaning and inspection. Such interceptors shall be maintained at the expense of the owner and shall be in continuously efficient operation at all times. [Ord. 154 § 11.02, 1974.]

13.30.1103 Preliminary treatment.

Whenever preliminary treatment is necessary to reduce the B.O.D. to 300 parts per million by weight, or to reduce the objectionable character or constituents to within the maximum limits prescribed by EMC 13.30.1101, such preliminary treatment shall be at the sole expense of the owner of the premises and shall be installed when the Superintendent determines that the same is necessary to comply with the standards prescribed. In such cases, all plans, specifications and other pertinent information relating to such proposed preliminary treatment facilities shall be submitted to the Superintendent prior to commencement of construction, and no construction thereof shall be commenced until the Superintendent’s approval is noted on the plan. In the event of such installations, they shall be maintained continuously in efficient operation by the owner at his own expense. [Ord. 154 § 11.03, 1974.]

13.30.1104 Industrial waste observation manhole.

Where any property served by a side sewer carries industrial waste, the owner or occupant shall install a control manhole in the side sewer to facilitate observation, sampling and measurement of the wastes when the same may be required by the Superintendent. Such manhole shall be accessibly and safely located and shall be constructed and installed in accordance with plans approved prior to installation by the Clerk, and shall be maintained and installed by the owner or occupant at his sole expense. [Ord. 154 § 11.04, 1974.]

13.30.1105 Tests and analysis.

All measurements, tests and analyses of the characteristics of waste and waters to which reference is made in this chapter shall be determined in accordance with the standards prescribed in “Standard Methods for the Examination of Water and Sewage” published jointly by the American Health Association and the American Waterworks Association. [Ord. 154 § 11.05, 1974.]

13.30.1106 Treatment of unusual wastes.

The Superintendent shall make recommendations to the City in regard to entering into any agreement whereby any waste of unusual character may be accepted by the City for treatment before passage into the public sewer, the payment for such treatment to be such as is fixed by the City Council. [Ord. 154 § 11.06, 1974.]

Article XII. Restrictions on Trees and Shrubs

13.30.1201 Planting trees/shrubs – Restricted.

It shall be unlawful for any person to plant within 35 feet of any public sewer any willow, poplar, cottonwood, soft maple, gum tree, or any other tree or shrub and whose roots are likely to enter and obstruct the flow of sewers. [Ord. 154 § 12.01, 1974.]

13.30.1202 Removal of trees/shrubs by superintendent.

The Superintendent is authorized to cause the removal of any trees and shrubs from any public area, or the roots of any trees and shrubs which extend into any public area when such trees and shrubs or the roots thereof are obstructing or are liable to obstruct any public sewer. Before making any such removal, the Superintendent shall give 10 days’ notice in writing to the owner or occupant of the abutting property upon which such trees or shrubs are located, requiring such owner or occupant to remove the same, or such notice may be posted on the premises or on such trees or shrubs. If such owner or occupant fails to remove such trees or shrubs and roots within the time specified by such notice, the Superintendent is authorized to do so, and the cost thereof shall be charged to the owner or occupant, and upon giving written notice of the amount thereof to the owner or occupant or by posting such notice on such person’s property, the cost thereof shall be immediately payable to the City by such owner or occupant. [Ord. 154 § 12.02, 1974.]

Article XIII. Authority of Superintendent

13.30.1301 Entering upon private property.

The Superintendent or his representatives, bearing proper credentials and identification, shall be permitted to enter the property at all reasonable times for the purpose of inspection, observation, measurements, samplings, testing of sewers and sewage waste and performing all other acts or duties required of him in accordance with the provisions of this chapter, and it is unlawful for any person to prevent or attempt to prevent any such entrance or obstruct or interfere with any such officer or employee while so engaged except that no building or structure shall be entered without approval by the owner. [Ord. 154 § 13.01, 1974.]

Article XIV. Licensing of Side
Sewer Contractors

13.30.1401 License required.

As a condition precedent to entering into contracts with the property owners in the City of Everson for the installation of side sewers connecting with the sewers installed by the City and of soliciting the work, the contractors shall be accepted and licensed in writing as qualified side sewer contractors by the City. [Ord. 154 § 14.01, 1974.]

13.30.1402 Bond required.

The licensed side sewer contractor shall execute and deliver a dual-obligee surety bond in the amount of $6,000 in favor of the City of Everson, conditioned that he or she will perform all side sewer work in conformance with this chapter. [Ord. 678 § 2, 2008; Ord. 154 § 14.02, 1974.]

13.30.1403 License fee.

Before being issued a license, a side sewer contractor must comply with the requirements established from time to time by the City Council. Upon fulfilling such requirements of the Council and delivering the bond required in EMC 13.30.1402, the contractor will be issued a license by the City upon payment of an annual fee of $25.00. [Ord. 154 § 14.03, 1974; Ord. 170 § 5, 1975.]

13.30.1404 Withdrawal of license.

A. If the licensed side sewer contractor violates any provisions of the Everson Municipal Code, the Public Works Supervisor or the Building Official may issue a stop work order requiring that all work on the project be stopped or that the use be discontinued.

B. Further, upon issuance of a stop work order, the contractor’s business license shall be revoked pursuant to EMC 5.02.070. [Ord. 678 § 2, 2008; Ord. 154 § 14.04, 1974.]

Article XV. Sewer Contracts – Costs
and Expenses

13.30.1501 Side sewer costs.

All costs and expenses incidental to the installation, connection and maintenance of a side sewer shall be borne by the owner or occupant of the premises served by the side sewer. [Ord. 154 § 15.01, 1974.]

13.30.1502 Provision of contracts.

Contracts between property owners and side sewer contractors shall provide that the side sewer contractor will comply with all regulations set forth by the City Council. [Ord. 154 § 15.02, 1974.]

13.30.1503 Release of lien required.

The contractor will furnish the property owner with a release of lien from both labor and material or an affidavit stating same has been paid before payment is accepted for side sewers. [Ord. 154 § 15.03, 1974.]

13.30.1504 New construction.

Any sewer hook-up to new construction not within a development or subdivision shall pay to the City of Everson for the sewer hook-up, the labor, machine, and material to get the side sewer line to the main trunk line. [Ord. 170 § 1, 1975.]

13.30.1505 Subdivisions and developments.

Any sewer line going into a subdivision or development shall be installed by the developer if qualified, or a licensed contractor whose business is installing sewer lines. A developer who requests connecting to the main sewer trunk line of the City’s sewer system shall pay for labor, machine and materials to make such a connection. [Ord. 170 § 2, 1975.]

13.30.1506 Rules and regulations.

All sewer lines within a subdivision or development shall be in compliance with the standards, rules and regulations as approved or required by the City Engineer and the Public Works Supervisor. All side sewer lines shall be installed according to a design standard approved by the City Engineer and the Public Works Supervisor and signed by an engineer licensed in the State of Washington. [Ord. 678 § 2, 2008; Ord. 170 § 3, 1975.]

13.30.1507 Inspection by City – Responsibility of developer.

In subdivisions or developments, it shall be the responsibility of the developer to see that all lines are properly installed and inspected by the City. [Ord. 170 § 5, 1975.]

Article XVI. Safety Equipment

13.30.1601 Protection of public.

The side sewer contractor before beginning in a public area shall have at the site sufficient barricades to properly protect the work. The barricades shall be illuminated during the nighttime hours with a minimum of four flares or flashing signals. [Ord. 154 § 16.01, 1974.]

13.30.1602 Protection of workmen.

During the pipe laying operation, a ditch pump shall be available at the site. The contractor shall have stockpiled, within the City and immediately available for use, sufficient shoring to adequately protect workmen where unstable ground conditions are encountered. [Ord. 154 § 16.02, 1974.]

13.30.1603 Compliance with laws.

In addition to the foregoing provisions, the side sewer contractor shall comply with all laws, ordinances and regulations of Washington State, Whatcom County or the City of Everson, relating to the safety and protection of the area affected. A flagman must be posted wherever work is underway within the public right-of-way. [Ord. 154 § 16.03, 1974.]

Article XVII. Restoration of Roadways

13.30.1701 Work on State or County R.O.W.

It shall be the responsibility of the licensed side sewer contractor to cut the road surface or bore and jack a casing pipe under the road, dig the trench, lay the pipe, make the connection to the sewer, backfill the trench and restore the roadway surfacing within the limits of any public thoroughfare or right-of-way. Such work shall be conducted in strict accordance with the rules and regulations of the public entity(ies) having jurisdiction of the thoroughfare or right-of-way. In the event that the jurisdiction does not have specific rules or regulations regarding restoration of roadways, restoration shall be performed as described elsewhere in this chapter. [Ord. 154 § 17.01, 1974.]

13.30.1702 Gravel roads.

On gravel roads, the compacted backfill shall be brought up to within six inches of the finished surface. A layer of one and one-half inches minus crushed stone shall then be applied to a compacted depth of four inches. A layer of five-eighths inch minus crushed stone shall then be applied to a compacted depth of two inches to bring the surface to finished grade. [Ord. 154 § 17.02, 1974.]

13.30.1703 Asphalt surfaces.

The compacted backfill shall be brought up to within eight inches of the finished surface. A layer of one-and-one-half-inch minus crushed stone shall then be applied to a compacted depth of four inches. A layer of five-eighths inch minus crushed stone shall be applied to a compacted depth of two inches. Edges of the existing pavement shall be thoroughly cleaned and then primed with emulsified asphalt. Plant mix asphalt, Washington State Department of Transportation, asphaltic concrete, Class B, shall then be applied to a compacted depth of two inches to bring the surface to a finished grade. [Ord. 154 § 17.03, 1974.]

13.30.1704 Concrete pavements.

The edges of the concrete pavement shall be trimmed to a neat line. The compacted backfill shall be brought to within 12 inches of the finished grade. A hollow shall be excavated under the existing concrete pavement to a depth and distance back from the edge thereof equal to the thickness of the concrete pavement. The center of the trench may be built up to the base of the original pavement with compacted five-eighths inch crushed stone. The pavement shall then be poured, using a five sack highway standard mix. Care shall be taken in pouring the concrete into the hollows under the edge of the existing pavement. The surface shall be carefully finished to match the existing concrete surface. [Ord. 154 § 17.04, 1974.]

Article XVIII. Penalties

13.30.1801 Violation of chapter.

Any person who shall violate any provision of this chapter shall be liable to the City for any expense, loss, damage, cost of inspection or cost of correction incurred by the City by reason of such violation including any cost to the City incurred in collecting from such person the loss, damage, expense, cost of inspection or cost of correction. [Ord. 154 § 18.01, 1974.]

13.30.1802 Serving of notice.

Any person found to be violating any provision of this chapter shall be served by the City with written notice stating the nature of the violation and providing a reasonable time limit for the satisfactory correction thereof. The offender shall, within the period of time stated in such notice, permanently cease all violations and make all necessary corrections. [Ord. 154 § 18.02, 1974.]

13.30.1803 Continued violation.

Any person who shall continue any violation beyond the time limit provided for in EMC 13.30.1802 shall, in addition to the items of expense provided in EMC 13.30.1801, become liable to the City for a penalty in the amount of 10 percent of such expense items, together with interest thereon at eight percent per annum from the date of the time limit provided in EMC 13.30.1802. [Ord. 154 § 18.03, 1974.]