Chapter 13.10 SEWER SYSTEM RULES AND REGULATIONS

“AKART” means all known, available, and reasonable methods (prevention, control, and treatment) to prevent and control pollution of the waters of the state of Washington. (Chapter 90.48 RCW.) AKART shall represent the most current methodology that can be reasonably required for preventing, controlling, or abating the pollutants associated with a discharge. AKART shall be applied by all users of the POTW. AKART includes best management practices and may be required by the utilities director for any discharge to the POTW.

“ANSI” means the American National Standards Institute.

“ASTM” means the American Society for Testing and Materials.

“BOD” means biochemical oxygen demand as defined in LCMC 13.10.020.

“DOE” or “Ecology” means the Washington State Department of Ecology.

“EPA” means U.S. Environmental Protection Agency.

“ERU” means equivalent residential unit as defined under “normal domestic waste” in LCMC 13.10.020.

“FIFRA” means the Federal Insecticide Fungicide Rodenticide Act.

“FOG” means fats, oils and grease.

“FTE” means full-time employee as defined in LCMC 13.10.020.

“NPDES” means the National Pollutant Discharge Elimination System.

“POTW” means publicly owned treatment works as defined in LCMC 13.10.020.

“PVC” means polyvinyl chloride.

“RCRA” means the Resource Conservation and Recovery Act.

“RCW” means Revised Code of Washington.

“SDR” means standard dimension ratios.

“SIC” means Standard Industrial Classification.

“SNC” means significant noncompliance as defined in LCMC 13.10.020.

“STEP” means septic tank effluent pumping.

“SWDA” means the Solid Waste Disposal Act.

“TKN” means total kjeldahl nitrogen as defined in LCMC 13.10.020.

“TRC” means technical review criteria as defined in LCMC 13.10.020.

“TSCA” means the Toxic Substances Control Act.

“TSS” means total suspended solids as defined in LCMC 13.10.020.

“WAC” means the Washington Administrative Code. [Ord. 2022-03 § 1, 2022; Ord. 2011-02 § 2 (Exh. 1), 2011.]

13.10.020 Definitions.

For the purpose of this title the words set out in this section shall have the following meanings:

“Act” means the Federal Water Pollution Control Act, also known as the Clean Water Act (33 USC 1251 et seq.), as amended.

“Administrative authority” means the public works director of the city of La Center or his/her designee.

“Alternative sewer systems” means vacuum sewers and grinder pump low-pressure sewer systems.

“Applicable pretreatment standards” means for any specified pollutant: the more stringent of the city of La Center prohibitive standards, state of Washington pretreatment standards, or applicable national categorical pretreatment standards.

“Authorized representative of the user” means:

(a) If the user is a corporation: the president, secretary, treasurer, or a vice president of the corporation in charge of a principal business function, or any other person who performs similar policy or decision-making functions for the corporation; or

(b) If the user is a partnership or sole proprietorship: a general partner or proprietor, respectively; or

(c) If the user is a federal, state, or local governmental facility: a director or highest official appointed or designated to oversee the operation and performance of the activities of the government facility, or his/her designee.

(d) The individuals described in subsections (a) through (c) of this definition may designate another authorized representative if the authorization is in writing, the authorization specifies the individual or position responsible for the overall operation of the facility from which the discharge originates or having overall responsibility for environmental matters for the company and the written authorization is submitted to the city of La Center.

“Biochemical oxygen demand (BOD)” means the quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory procedures during five days at 20 degrees centigrade, usually expressed as a concentration (milligrams per liter (mg/l)).

“Building drain” means that part of the lowest piping of a drainage system which receives the discharge from waste and other drainage pipes inside the walls of the building and conveys it to the side sewer beginning three feet outside the building wall.

“Bypass” means the intentional diversion of waste streams from any portion of a user’s treatment facility.

“Capital costs” means all costs incurred as a result of planning, permitting, design or construction of the wastewater collection or treatment facilities.

“Categorical pretreatment standard or categorical standard” means any regulation containing pollutant discharge limits promulgated by EPA in accordance with Sections 307(b) and (c) of the Act (33 USC 1317) which applies to a specific category of users and which appears in 40 CFR Chapter I, Subchapter N, Parts 405 through 471.

“Categorical user” means a user covered by one or more categorical standards as defined herein.

“City” means the city of La Center.

“City council” means the governing body of the city of La Center.

“Color” means the optical density at the visual wavelength of maximum absorption, relative to distilled water. One hundred percent transmittance is equivalent to zero optical density.

“Combined business-residential user” means any user whose plumbing facilities serve both a domestic user and a commercial user.

“Commercial user” means any nonresidential customer who engages in business activities or combination of business and residential activities if combined through a single-meter service.

“Composite sample” means the sample resulting from the combination of individual wastewater samples taken at selected intervals based on an increment of either flow or time.

“Cooling water” means water used for cooling purposes generated from any use, such as air conditioning, heat exchangers, cooling or refrigeration. For purposes of this title, such waters are further divided into two subcategories:

(a) “Uncontaminated” means water to which the only pollutant added is heat, which has no direct contact with any raw material, waste, intermediate, or final product, and which does not contain a level of contaminants detectably higher than that of the intake water.

(b) “Contaminated” means water likely to contain levels of pollutants detectably higher than intake water. This includes water contaminated through any means, including chemicals added for water treatment, corrosion inhibition, or biocides, or by direct contact with any process materials, products, and/or wastewater.

“County” means Clark County or any other county in which the city’s wastewater facilities are located.

“Customer” (synonymous with user) means each person, business, property owner, sewer user, other entity separately billed by the city for the use or availability of public sewers in the La Center sanitary sewer service area.

“Department of Ecology (DOE)” means the Washington State Department of Ecology or authorized representatives thereof.

“Domestic user” means any person who contributes, causes, or allows the discharge of wastewater into the city of La Center’s POTW that is similar in volume and/or chemical make-up to domestic wastewater. For comparison, the utilities director may assume discharges of domestic wastewater from dwelling units to be 100 gallons containing 0.2 pounds (300 mg/l) of BOD, 0.2 pounds (300 mg/l) of TSS and 0.024 pounds (24 mg/l) of TKN per capita per day, or as identified in the design of the POTW.

“Domestic wastewater” means wastewater from residential kitchens, bathrooms, and laundries and waterborne human wastes from sanitary facilities in all other buildings, together with such groundwater infiltration or surface waters as may be present.

“Environmental Protection Agency (EPA)” means the U.S. Environmental Protection Agency or, where appropriate, the regional water management division director, or other duly authorized official of the agency.

“Explosion meter” means an electrical device that measures air quality for flammable or explosive gases.

“Full-time equivalent” means the average number of full-time equivalent employees that were employed during previous year. For students FTE shall be calculated using the Washington Office of Superintendent of Public Instruction (OSPI) average enrollment reporting for the previous school year. Employees or students that can be shown to attend remotely may be deducted from the FTE count at the discretion of the administrative authority.

“General sewer plan” means a report titled “City of La Center General Sewer Plan,” as the same now exists or hereafter amended.

“Grab sample” or “discrete sample” means a sample which is taken from a waste stream on a one-time basis without regard to the flow in the waste stream and without consideration of time.

“Grinder pump systems” means low-pressure sewer systems designed to grind or macerate the materials in the domestic sewage discharged from a residential or commercial/industrial customer and pump it to the existing gravity sanitary sewer system. The system includes all tanks, pumps, valves, control systems, and the low-pressure force main pipe conveying the sewage to the gravity sewer.

“Health department” means the Clark County health department.

“Income” as used herein, means gross income as defined in Section 61(a) of the Internal Revenue Code of 1954, as now in effect or hereafter amended, plus any and all Social Security retirement and/or disability payments, Veterans Administration retirement and/or disability payments, Railroad Retirement Board pension and/or disability payments, and payments received from any other public or private pension, retirement, profit-sharing and disability plans, and unemployment compensation.

“Indirect discharge” or “discharge” means the introduction of pollutants into the POTW from any nondomestic source regulated under Section 307(b), (c), or (d) of the Act. The discharge into the POTW is normally by means of pipes, conduits, pumping stations, force mains, constructed drainage ditches, surface water intercepting ditches, and all constructed devices and appliances appurtenant thereto.

“Industrial user” means any nonresidential user whose wastewater results from any process or activity conducted by that user. Such wastewater includes contaminated wash water or leachate from solid waste facilities that may enter the wastewater utility collection system.

“Industrial wastewater” means water or liquid-carried waste from any industry, manufacturing operation, trade, or business which includes any combination of process wastewater, cooling water, contaminated stormwater, contaminated leachates, or other waters such that the combined effluent differs in some way from purely domestic wastewater, or is subject to regulation under the federal categorical pretreatment standards, the state waste discharge permit program, or this title.

“Interference” means the effect of a discharge or discharges on the POTW from one or more users which results in either:

(a) Inhibition or disruption of the POTW, its treatment processes or operations, or its sludge processes, use or disposal;

(b) Violation of any permits regulating the city of La Center wastewater discharge or sewage sludge; or

(c) Prevention of sewage sludge use or disposal in compliance with any applicable statutory or regulatory provision or permit issued hereunder. (Applicable sludge regulations shall include Section 405 of the Clean Water Act (33 USC 1345 et seq.); the Solid Waste Disposal Act (SWDA), including Title II commonly referred to as the Resource Conservation and Recovery Act (RCRA) (42 USC 6901 et seq.); state regulations contained in any state sludge management plan prepared pursuant to Subtitle D of the SWDA; the Clean Air Act (42 USC 7401 et seq.); the Toxic Substances Control Act (TSCA) (15 USC 2601 et seq.); the Marine Protection, Research, and Sanctuaries Act (33 USC et seq.); and 40 CFR Part 503.)

“La Center urban region” means the city of La Center and that portion of Clark County outside the La Center corporate city limits that will be served by the La Center wastewater treatment facility as shown in the 2006 facility plan as now in existence or hereinafter amended.

“LCMC” shall be defined as La Center Municipal Code as herein adopted or amended.

“Maximum daily concentration allowed” means the maximum concentration of a pollutant allowed to be discharged at any time, determined from the analysis of any discrete or composited sample collected, independent of the industrial flow rate and the duration of the sampling event.

“Medical wastes” means isolation wastes, infectious agents, human blood and blood products or byproducts, pathological wastes, sharps, body parts, fomites, etiology agents, contaminated bedding, surgical wastes, potentially contaminated laboratory wastes, and dialysis wastes.

“National Pollutant Discharge Elimination System (NPDES)” means as defined under Section 402 of the Clean Water Act.

“New source” means any facility constructed after proposed categorical standards applicable to operations conducted at the facility where published, provided the facility is or may be a source of discharge to the POTW, and:

(a) The building, structure, facility, or installation is constructed at a site at which no other source is located; or

(b) The new construction totally replaces the process or production equipment that causes the discharge of pollutants at an existing source; or

(c) Construction of a new source as defined under this subsection has commenced if the owner or operation has either: (i) begun or caused to begin any placement, assembly, or installation of facilities or equipment; (ii) begun or caused to begin significant site preparation work including removal of existing facilities necessary for the emplacement of new source facilities or equipment; or (iii) entered into a binding contractual obligation for the purchase of facilities or equipment for use in operation of a new source.

“New user” means any noncategorical user that plans to discharge a new source of wastewater to the city of La Center’s collection system after the effective date of the ordinance codified in this title. This discharge may be from either a new or an existing facility. Any person that buys an existing facility discharging nondomestic wastewater will be considered an “existing user” if no significant changes in facility operation are made and wastewater characteristics are not expected to change.

“Normal domestic waste” means 100 gpd/c containing less than 300 mg/l BOD and TSS, 24 mg/l TKN, or 100 mg/l FOG.

“Overhead” means all costs and expenses, including administrative overhead and equipment replacement, chargeable directly to the operation and maintenance of the wastewater treatment and collection facilities.

“Pass through” means a condition occurring when discharges from users (singly or in combination) exit the POTW in quantities or concentrations which either:

(a) Cause a violation of any requirement of the city of La Center’s NPDES or state waste discharge permit;

(b) Cause an increase in the magnitude or duration of a violation; or

(c) Cause a violation of any water quality standard for waters in the state promulgated under state regulations including Chapter 173-201A WAC.

“Permittee” means any person or user issued a wastewater discharge permit by EPA, DOE or the city.

“Person” means any individual, partnership, firm, company, corporation, association, joint stock company, trust, estate, any federal, state, or local governmental agency or entity, or any other entity whatsoever; or their legal representatives, agents or assigns.

“pH” means a measure of the acidity or alkalinity of a substance, expressed in standard units (technically defined as the logarithm of the reciprocal of the mass of hydrogen ions in gram moles per liter of solution).

“Pollutant” means any substance, either liquid, gaseous, solid, or radioactive, discharged to the POTW which, if discharged directly, would alter the chemical, physical, thermal, biological, or radiological properties of waters of the state of Washington including pH, temperature, taste, color, turbidity, oxygen demand, toxicity or odor. This includes any discharge likely to create a nuisance or render such waters harmful, detrimental or injurious to any beneficial uses, terrestrial or aquatic life, or to public health, safety or welfare.

“Pollution prevention” means source reduction; protection of natural resources by conservation; or increased efficiency in the use of raw materials, energy, water or other resources.

“Population equivalent” means a measure of wastewater production equivalent to one person served by the wastewater treatment facilities: 100 gallons per day, 0.2 pounds per day BOD and TSS, 300 mg/l BOD and TSS, 0.024 pounds per day or 24 mg/l TKN.

“Population equivalent user factor” means the number of population equivalents assigned to each user for the purposes of calculating sewer service charges.

“Pretreatment” means the reduction of the amount of pollutants, the elimination of pollutants, or the alteration of the nature of pollutant properties in wastewater prior to (or in lieu of) introducing such pollutants into the POTW. This reduction or alteration can be obtained by physical, chemical, or biological processes; by process changes; or by other means (except by diluting the concentration of the pollutants unless allowed by an applicable pretreatment standard).

“Pretreatment requirements” means any substantive or procedural local, state, or federal requirement related to pretreatment developed under Chapter 90.48 RCW and/or Sections 307 and 402 of the Clean Water Act or this title.

“Pretreatment standards” means any pollutant discharge limitations including categorical standards, state standards, and limits of LCMC 13.10.280, 13.10.290 and 13.10.300 applicable to the discharge of nondomestic wastes to the POTW. The term shall also include the prohibited discharge standards of this title, WAC 173-216-060, and 40 CFR Part 403.5.

“Prohibited discharge standards” or “prohibited discharges” means absolute prohibitions against the discharge of certain substances; these prohibitions appear in LCMC 13.10.260.

“Public sewer” means a common sewer directly controlled by public authority.

“Publicly owned treatment works (POTW)” means a treatment works, as defined by Section 212 of the Act (33 USC 1292) which is owned by the city of La Center. This definition includes any devices or systems used in the collection, storage, treatment, recycling, and reclamation of sewage or industrial wastewater and any conveyances which convey wastes to a wastewater treatment plant. The term shall also mean the city of La Center.

“Septage” means the liquid and solid material pumped from a septic tank, cesspool, or similar domestic sewage treatment system. This includes liquids and solids from domestic holding tanks, chemical toilets, campers, and trailers, when these systems are cleaned or maintained.

“Sewage” or “wastewater” means water-carried human wastes or a combination of water-carried wastes from residences, business buildings, institutions and industrial establishments, together with such ground, surface, storm, or other waters as may be present.

“Sewer” means any pipe, conduit, ditch, or other device used to collect and transport sewage.

“Sewer service charges” includes all charges billed to a particular user.

“Sewer system” is the combined wastewater treatment facilities and sewer facilities.

“Side sewer” means that part of the horizontal piping of a drainage system which extends from the end of the building drain and which receives the discharge of the building drain and conveys it to a public sewer, private sewer or individual sewage disposal system.

“Significant industrial user” means:

(a) A user subject to categorical pretreatment standards; or

(b) A user that:

(i) Discharges an average of 25,000 gallons per day or more of process wastewater to the POTW (excluding sanitary, noncontact cooling, and boiler blowdown wastewater); or

(ii) Contributes a process waste stream which makes up five percent or more of the average dry weather hydraulic or organic capacity of the POTW treatment plant; or

(iii) Is designated as such by the DOE with input from the city of La Center on the basis that it, alone or in conjunction with other sources, has a reasonable potential for adversely affecting the POTW’s operation or for violating any pretreatment standard or requirement.

(c) Upon a finding that a user meeting the criteria in subsection (b) of this definition has no reasonable potential for adversely affecting the POTW’s operation or for violating any applicable pretreatment standard or requirement, the DOE may at any time on its own initiative or in response to a petition received from a user or the city of La Center and in accordance with procedures in 40 CFR 403.8(f)(6) determine that such user should not be considered a significant industrial user.

“Significant noncompliance (SNC)” shall refer to a violation or pattern of violation of one of the following natures:

(a) Chronic violations of wastewater discharge limits, defined here as those in which 66 percent or more of all wastewater measurements taken during a six-month period exceed the daily maximum limit or average limit for the same pollutant parameter by any amount;

(b) Technical review criteria (TRC) violations, defined herein as those in which 33 percent or more of all wastewater measurements taken for each pollutant parameter during a six-month period equal or exceed the product of the daily maximum limit or the average limit multiplied by the applicable TRC (1.4 for BOD, TSS, fats, oils and grease, and 1.2 for all other pollutants except pH);

(c) Any other discharge violation that the city of La Center believes has caused, alone or in combination with other discharges, interference or pass through (including endangering the health of the city of La Center personnel or the general public);

(d) Any discharge of pollutants that has caused imminent endangerment to human health, welfare or to the environment, or has resulted in the city of La Center’s exercise of its emergency authority to halt or prevent such a discharge;

(e) Failure to meet, within 90 days after the scheduled date, a compliance schedule milestone contained in a wastewater discharge permit or enforcement order for starting construction, completing construction, or attaining final compliance;

(f) Failure to provide, within 30 days after the due date, any required reports, including baseline monitoring reports, periodic self-monitoring reports, and reports on compliance with compliance schedules;

(g) Failure to accurately report noncompliance; or

(h) Any other violation(s) which the administrative authority determines will adversely affect the operation or implementation of the local pretreatment program.

“Slug load” means any pollutant released in a discharge at a flow rate or concentration which could violate this title, or any discharge of a nonroutine, episodic nature such as an accidental spill or a noncustomary batch discharge.

“Standard Industrial Classification (SIC) Code” means a classification pursuant to the Standard Industrial Classification Manual issued by the United States Office of Management and Budget.

“State” means the state of Washington.

“STEP system” means septic tank effluent pumping sewer systems consisting of a liquid/solids separation tank with a pumping system discharging into the gravity sewer system.

“Stormwater” means any flow occurring during or following any form of natural precipitation, and resulting from such precipitation, including snowmelt.

“Total kjeldahl nitrogen (TKN)” means the total of organic compounds, i.e., amino acids, proteins, etc. (human waste). The TKN measures the combined amount of organic nitrogen and the amount of ammonia in a given sample.

“Total suspended solids (TSS)” means the total suspended matter that floats on the surface of, or is suspended in, water, wastewater, or other liquids, and which is removable by laboratory filtering.

“Toxic pollutant” means one or a combination of the pollutants listed as toxic in regulations promulgated by EPA under Section 307 (33 USC 1317) of the Act.

“Treatment plant effluent” means the discharge from the city of La Center POTW.

“Upset” means an exceptional incident in which there is unintentional and temporary noncompliance with applicable treatment standards because of factors beyond the reasonable control of the user. An upset does not include noncompliance to the extent caused by operational error, improperly designed treatment facilities, inadequate treatment facilities, lack of preventive maintenance, or careless or improper operation.

“User” or “industrial user” means any nondomestic source of wastewater discharged to the POTW. This excludes domestic users as defined herein.

“Vacuum sewer systems” means sewage conveyance systems consisting of a receiving storage tank, valve system, collection pipeline and a vacuum pump conveying normal domestic sewage from residential or commercial/industrial customers to a discharge point into the sanitary gravity sewer system.

Wastewater. See “Sewage.”

“Wastewater discharge permit (industrial wastewater discharge permit, discharge permit)” means an authorization or equivalent control document issued by the DOE to users discharging wastewater to the POTW. The permit may contain appropriate pretreatment standards and requirements as set forth in this title.

“Wastewater treatment facilities” means the city of La Center wastewater treatment plant and outfall and all facilities designed for the collection and transmission of sewage to the plant.

“Wastewater utility” means the entity reporting to the public works director, which is responsible for the operation, maintenance, upgrade and improvement of the wastewater collection and treatment system serving the city of La Center urban area. [Ord. 2022-03 § 2, 2022; Ord. 2011-02 § 2 (Exh. 1), 2011.]

13.10.030 User charges.

The user charge system shall distribute:

(1) Service charges for use of the city sewage system shall be established by La Center city council resolution following a public hearing thereupon.

(2) The customer and the owner of the property served shall each be responsible for payment of the service charges provided for by LCMC 13.10.080.

(3) The costs of operation and maintenance of the wastewater treatment facilities and sewage collection system owned and/or operated by the city, including administrative costs; the costs of financing and repayment of debt issued to make capital improvements to the sewer system.

(4) One ERU service charge to each dwelling unit per billing cycle regardless of occupancy. [Ord. 2011-02 § 2 (Exh. 1), 2011.]

13.10.040 Domestic user – Definition – Categories.

(1) A “domestic user” shall be defined as any user whose discharge into the sewage facilities originates only from a residence or residences in which no commercial or industrial activities are taking place.

(2) There shall be two categories of domestic users:

(a) Single-family residential; and

(b) Multiple-family residential.

The administrative authority will establish the population equivalent user factor for each category of domestic user based on water consumption data. [Ord. 2011-02 § 2 (Exh. 1), 2011.]

13.10.050 Domestic users – User charges.

(1) Low-income users shall qualify to pay a reduced domestic user charge upon qualifying for the exemption by application made with the city’s finance department as provided for in LCMC 13.10.030(1); provided, however, this exemption shall only apply to the domestic user charge for low-income users. This exemption shall not apply to owners of multifamily structures. All low-income customers applying for the low-income discount herein provided shall furnish to the finance director of the city of La Center, Washington, a claim for exemption in such affidavit form as shall be prescribed by the finance director. Such form shall be furnished to the finance director on or before May 31st of each year or within 30 days from the date of account opening or unexpected change in income status. Charges for service shall be established per LCMC 13.10.030(1).

(2) The user charge for a single-family residential user, defined as a person whose structure, building, or property is designed to house a single family and is connected to a single side sewer to the public sewer, shall be as listed in LCMC 13.10.350 (see LCMC 13.10.110(2)).

(3) Where one side sewer serves more than one separate single-family residential building, structure, or property, the single-family residential user charge shall be charged continuously on each such connected building as long as water service is available for all such buildings, either from a municipal or private supply.

(4) The user charge for a multiple-family residential user, defined as a person whose structure, building, or property is designed to house more than one tenant or family in separate units and is connected by a single side sewer to the public sewer, shall be as listed in LCMC 13.10.350. This category includes such establishments as apartments, multiplex units, trailer courts, or recreational vehicle courts. Each unit of the structure, building, or property, irrespective of occupancy or size, shall be included in the charge calculations as long as water service is available for that unit, either from a municipal or private supply. If the wastewater facility is required to own, operate or maintain a private collection system for such a user or for a combined commercial-residential user, or for a multiple commercial user, an appropriate contract addressing specific costs shall be entered into by the city and the user.

(5) Where a single side sewer serves both commercial (or industrial) and domestic units (either single- or multiple-family residential) served by the same water meter, the commercial/industrial rate provided in LCMC 13.10.060 or 13.10.070 shall apply, without regard to the fact that the domestic units are connected with that side sewer. [Ord. 2011-02 § 2 (Exh. 1), 2011.]

13.10.060 Domestic-strength commercial/industrial users – Definitions – Application of charge formula.

(1) A “domestic-strength commercial/industrial user” shall be defined as any user not falling into the classification of domestic user as defined. These users shall include, but are not limited to, such establishments as schools, churches, hotels, motels, offices, hospitals, businesses, combined business-residences, and industries with primarily domestic-type sanitary wastes.

(2) The same charge formula shall apply to all users within this classification.

(3) The user charge for all domestic-strength commercial/industrial users shall be as listed in LCMC 13.10.030 or as determined by resolution of the city council. [Ord. 2011-02 § 2 (Exh. 1), 2011.]

13.10.070 High-strength commercial/industrial users – User charges.

(1) The high-strength user charge, as set forth in LCMC 13.10.350, shall apply to those users discharging wastewater or wastes with BODs and/or suspended solids greater than 300 mg/l, in quantities exceeding 50 pounds per day, and/or fats, oil and grease (FOG) greater than 100 mg/l or greater than 24 mg/l TKN.

(2) The charge will be based on periodic monitoring of the wastewater entering the public sewer through the side sewer or by reported average values of typical wastewater strengths for that category of discharger. Users will administer these tests through a qualified person and use state certified testing labs at user’s expense.

(3) It shall be the responsibility of each sewer user whose wastewater strength exceeds that stipulated in subsection (1) of this section to notify the administrative authority that the discharge may be subject to high-strength surcharge. Those users who discharge higher strength wastes without approval from the administrative authority are subject to the penalties outlined in LCMC 13.10.340.

(4) If the city’s evaluation establishes that a particular user falls within the high-strength industrial/commercial user class, that user may file a written appeal with the administrative authority within 30 days after notification of the classification. Such appeal shall set forth in reasonable detail the source of error being appealed and the appellant’s grounds for modification thereof. If the city’s analysis determines there is no basis for modification, the decision of the administrative authority shall be final.

(5) All high-strength dischargers shall be subject to the terms of the industrial pretreatment program set out in LCMC 13.10.270, 13.10.280 and 13.10.290. [Ord. 2011-02 § 2 (Exh. 1), 2011.]

13.10.080 Collection of user charge – Delinquency – Penalties – Liens.

(1) Billing shall commence on the first available date. Billings shall be thereafter on monthly basis and sent to the occupant and/or record owner of the premises. New users shall pay a pro rata charge on the first available billing date.

(2) Payments will be applied as follows: (a) user fees; (b) late fees; (c) filing fees.

(3) A billing shall be deemed delinquent if not paid by the last working day of the month (Monday through Friday) following the billing date. Upon delinquency, the city shall add a penalty of eight percent of the amount of the current user fees (RCW 35.67.200). No late fee will be charged if that fee is under $1.00. In the event any billing has not been paid within 60 days of billing, the city finance department shall mail a delinquency notice (intent to lien) to the property owner and to the occupant if the record owner does not reside at the premises. The intent to lien notice shall provide the following: (a) payment for service is overdue; (b) that pursuant to RCW 35.67.200 an ongoing lien will be filed with the county auditor if the billing amount, together with penalty, is not paid within 30 days of the date of the notice (intent to lien); (c) address and telephone number of the finance department, stating that the owner or occupant may contact the department if a dispute exists as to liability for the billing or the validity of lien.

If the customer fails to pay within the 90 days, the city shall add to the delinquent billing amount and penalty an additional service charge that is equal to the county auditor recording/releasing fees, and shall certify to and record with the county auditor the total amount now due. Concurrently with the certification and recording, the city shall send notice to the occupant and the record owner of the premises advising the total amount due as of the date of certification and recording and the delinquent amount shall be turned over to a collection agency under contract with the city.

Prior to the lien being filed, the customer and/or property owner may, if necessary, and agreeable with the finance director or his/her designee, develop terms and conditions for repayment. If the terms and conditions agreed upon are not adhered to, the delinquent amount will be processed according to the procedure stated above. [Ord. 2023-07 § 1 (Exh. A), 2023; Ord. 2011-02 § 2 (Exh. 1), 2011.]

13.10.090 Implementation of user charge system.

(1) The city’s finance department shall keep and maintain the following records for purposes of evaluation and/or updating the user charge system:

(a) Expenditures for operation and maintenance of the wastewater collection and treatment facilities;

(b) Expenditures attributable to the administration of the wastewater treatment facilities;

(d) Records of payments from individual users;

(e) A record of population equivalent user factor for the classifications of domestic users and each new commercial/industrial user;

(f) A record of the total number of domestic and commercial/industrial users by category within the La Center service area;

(g) Records of total user charge revenue and total revenues received from each user classification.

(2) The user charge program shall be reviewed every other year, beginning calendar year 2006 to ensure continued equitability and generation of sufficient revenue to ensure self-sufficient operation and maintenance of the wastewater collection and treatment facilities. User charges shall be adjusted by action of the La Center city council if such review reveals a deficiency in the rate structure. [Ord. 2011-02 § 2 (Exh. 1), 2011.]

13.10.100 Use of public sewers required.

(1) It is unlawful for any person to place, deposit, or permit to be deposited in any unsanitary manner upon public or private property within the corporate city limits of La Center any human excrement, garbage, or other objectionable waste.

(2) The owner of all houses, buildings, or properties used for human occupancy, employment, recreation, or other purposes, situated within the city and abutting on any street, alley, easement, or right-of-way in which there is now located or may in the future be located a public sanitary sewer of the city, is required at their expense to install suitable sanitary plumbing fixtures therein, and to connect such facilities correctly to the sanitary sewer in accordance with the provisions of this title within 90 days after the date of receipt of a notice in writing issued by the administrative authority for connection to be made, providing that the public sewer is within 200 feet of the building, and the connection is approved by the administrative authority. Such notice will also be given when the owner is required to repair or completely replace the side sewer, such as during, but not limited to, a sewer rehabilitation project.

(3) If any such connection, repair or replacement shall not have been made within the time provided, the administrative authority is authorized and directed, at its discretion, to either:

(a) Cause such connection to be made, in which case the administrative authority shall file a statement of the cost thereof with the finance director and thereupon a claim against the fund shall be issued under the direction of the city council by the city’s finance director and against the wastewater utility fund, for the payment of such costs. Such amount, together with applicable interest, in accordance with state law, shall be assessed against the property upon which the building or structure is situated and shall become a lien thereon. Such lien may be enforced by termination of some or all of the utility services provided to the property or in any other manner authorized by law. Such total amount, when collected, shall be paid into the wastewater utility fund; or

(b) Notice to the owner and occupant shall be by certified mail, return receipt requested, with a copy to the Clark County health department. Action will be taken 30 days after receipt of notice in the event of failure of other alternatives or high pollution potential. Final decision on the alternative action to be selected by the administrative authority shall be based upon such factors as location of the unconnected building or structure, effectiveness of existing private treatment facilities, if present, and groundwater contamination potential. [Ord. 2011-02 § 2 (Exh. 1), 2011.]

13.10.110 Side sewers and connections.

(1) All costs and expenses related to the installation and connection, operation and maintenance, and replacement of the side sewer, including backwater valves, where required, shall be borne by the owner. Customers are responsible for the free flowing of their service line from the building to the sanitary sewer collection main. The owner shall indemnify the city from any loss or damage that may directly or indirectly be occasioned by the installation of the side sewer.

(2) A separate and independent side sewer shall be provided for every building. If one building stands at the rear of another on an interior lot under the same ownership and no private sewer is available or can be constructed to the rear building through an adjoining alley, courtyard, yard, or driveway, the side sewer from the front building may be extended to the rear building and the whole considered as one building sewer, with prior approval of the administrative authority. If the administrative authority finds that it may be necessary or beneficial to allow two adjacent buildings to connect to the public sewer through a common side sewer, such side sewer shall have a diameter of six inches or greater. When such connection is made under one owner, then later sold to multiple owners, it shall be the responsibility of the property owner(s) to provide proof of the recorded easement to the wastewater utility. Penalty for noncompliance after certified mail notice to the owner giving 60 days to remedy the situation.

(3) Old side sewers may be used in connection with new buildings only after they are found, on examination by the administrative authority, to meet all requirements of this title.

(4) Any building required to connect to a public sewer shall also disconnect from existing cesspool(s) or septic tank(s). Procedures for abandoning cesspools and septic tanks shall be in accordance with the regulations and standards enforced by the Clark County health department. Failure to properly abandon may result in the termination of sewer service, at the discretion of the administrative authority and/or on the advice of the Clark County health department.

(5) Any residential, commercial or industrial user requesting connection with the public sewer shall first install or have installed an approved water meter, if such meter is not already installed. If the user obtains or can obtain water from sources other than the municipal supply, the meter shall measure the incoming flow from all such sources, and the installation and maintenance of the meter shall be at the user’s expense. In circumstances where the wastewater flow is not generated through a metered water supply, the wastewater discharge must be metered directly. The meter shall be installed and maintained at the property owner’s expense. Such a meter must be located to allow easy accessibility to city staff. If either type of meter is found to be defective or otherwise inoperative, usage shall be estimated by the city to be at the highest monthly level recorded for the preceding 12 months. Such meter shall be repaired within 60 days of notification from the administrative authority.

(6) All new or reconstruction of a side sewer shall be connected to the sewer stub at the property line by means of a properly installed and adequately inspected cleanout, at the property line. Such cleanout shall be installed at the owner’s expense, shall be shown as part of the connection application and meet all city standards for construction. [Ord. 2011-02 § 2 (Exh. 1), 2011.]

13.10.120 Damage to sanitary sewer system.

In the event of damage caused by a person, firm or corporation to the city’s sewer system, the city reserves the right to then charge such responsible party the cost of labor, materials, equipment and overhead, which billing, if unpaid 60 days thereafter, shall be turned over to a collection agency as designated by the city, thereto including, but not limited to, lien and discontinuance of service. [Ord. 2011-02 § 2 (Exh. 1), 2011.]

13.10.130 Permit requirements.

(1) No person shall uncover, make any connections with or opening into, use, alter, or disturb any public sewer or appurtenance thereof, or engage in the construction of a side sewer, either on private property or within public rights-of-way, without first obtaining a written side sewer permit from the city’s public works department. In the event such sewer service is outside the city, the applicant by applying therefor and accepting such service shall be deemed bound by the current and future ordinances of the city affecting such sewer service.

(2) A side sewer permit will be required for each individual structure to be connected and for the collection system of a multiple dwelling or multiple commercial installation.

(3) Application for a side sewer permit will be made by a registered, bonded, insured side sewer contractor or the owner of the property to be served, in accordance with LCMC 13.10.230.

(4) No side sewer contractor shall do any side sewer work under any other person’s permit nor shall any unauthorized person do any side sewer work under a side sewer contractor’s permit, except as may be otherwise authorized by the administrative authority.

(5) When a side sewer is to be installed across the private property of another person, the applicant for the side sewer must first provide proof that a duly executed easement has been obtained from other such property owner and officially recorded. A copy shall be provided by the applicant for the wastewater utility records.

(6) When work or excavation is performed within the public right-of-way, a right-of-way permit is required. This permit shall be obtained for the work prior to issuance of a side sewer permit by the city.

(7) The issuance of a side sewer permit by the city shall not relieve the permit holder from the responsibility of obtaining other such permits or licenses as may be required by the city, the county, or other jurisdictions in which the side sewer is installed. Permit holders shall contact other utilities for location of their facilities before starting excavation.

(8) Before a permit shall be issued for the construction of any side sewer to serve any commercial or industrial users, as defined in LCMC 13.10.060(1) or 13.10.070(1), the applicant shall first supply proof that an approved water meter has been installed, or will be installed, during the process of constructing the side sewer, in accordance with LCMC 13.10.110(5). Alternatively, a direct flow measuring device, in accordance with LCMC 13.10.110(5), will be required.

(9) The side sewer permit shall expire 180 days after the date of issuance. Upon expiration, the applicant must reapply and pay for a new side sewer permit and all other applicable fees. [Ord. 2011-02 § 2 (Exh. 1), 2011.]

13.10.140 Permit application and fees.

Permit application and fees shall be assessed as per LCMC 13.10.350 for the following services:

(1) There shall be seven classes of side sewer permits/fees:

(a) Single-family residential service.

(b) Multiple-family residential service.

(d) Alteration of an existing side sewer.

(e) For infiltration and inflow (I&I) rehabilitation permits.

(f) After hours or holiday inspection.

(g) Reinspection fee.

(2) The permit application shall be supplemented by approvable plans, specifications, or other information considered pertinent in the judgment of the administrative authority.

(3) If, for reasons of noncompliance with the provisions of this code, an additional inspection is required, a charge of 50 percent of the original fee shall be made for each additional inspection.

(4) Permit fees shall be paid to the city public works department, with such amount credited to the wastewater utility, which conducts such inspections.

(5) Reference codes adopted by the city include the most current Washington State Uniform Plumbing Code and the most current DOE manual “Criteria for Sewage Works Design.” Specifications included in this title shall prevail where in conflict with, or where not addressed by, the aforementioned codes. In unclear circumstances, interpretation will be made by the administrative authority.

(6) The amount of the fees shall be determined by resolution as provided for in LCMC 13.10.030. [Ord. 2011-02 § 2 (Exh. 1), 2011.]

13.10.145 Term of permit.

(1) Work authorized by permit shall be completed within 180 days from date of approval by the city, unless extended by the building official. If a building permit is also required, fees shall be collected and both permits shall be obtained simultaneously. If work is not completed within 180 days or work is suspended or abandoned during the 180-day period, the permit shall expire and become null and void. Projects where the permit has been deemed null and void shall require the issuance of a new permit accompanied by the required fees and plan reviews.

(2) In the event that permit becomes null and void, the following shall not be refunded:

(a) Sewer connection permit fees.

(b) Latecomer’s fees. [Ord. 2011-02 § 2 (Exh. 1), 2011.]

13.10.150 Pipe material.

(1) Pipes acceptable for gravity side sewers shall be as follows:

(a) Ductile iron: ANSI A21.51, thickness class 51;

(b) Polyvinyl chloride (PVC): ASTM D3034 with SDR equals 35.

(2) The public works director or designee shall consider any proposed sewer pipe other than those specifically set forth in subsection (1) of this section to determine its acceptability for use.

(3) Whenever possible, side sewers should be laid at least 10 feet horizontally from any existing or proposed water main. Should local conditions prevent a lateral separation of 10 feet, a sewer may be laid closer than 10 feet to a water main if the sewer is constructed of ductile iron or C-900 PVC pipe with watertight joints, and:

(a) It is laid in a separate trench;

(b) It is laid in the same trench with the water mains located at one side on a bench of undisturbed earth;

(c) In either case the elevation of the crown of the sewer shall be at least 18 inches below the invert of the water main. [Ord. 2011-02 § 2 (Exh. 1), 2011.]

13.10.160 Joints.

(1) All joints and connections shall be gastight and watertight, as determined by the testing and inspections procedures outlined in this title.

(2) Joints for PVC pipe shall be rubber-gasketed type conforming to ASTM D3212.

(3) Joints for ductile-iron pipe shall be push-on type or mechanical joint conforming to ANSI A21.11.

(4) Pipe and joints shall be installed in accordance with the instructions furnished by the pipe manufacturer and approved by the administrative authority.

(5) No glued joints will be accepted.

(6) Other joining materials and methods may be used only with the approval of the administrative authority. [Ord. 2011-02 § 2 (Exh. 1), 2011.]

13.10.170 Fittings and cleanout.

(1) The side sewer shall be laid at uniform grade and in straight horizontal alignment. Changes in horizontal alignment shall be made only with bends, wye branches, or a combination of a wye branch and bend.

(2) All change of horizontal alignment 45 degrees or greater shall be made with a wye branch and bends as required, with the straight through opening capped for use as a cleanout. Where a 90-degree bend is required, two 45-degree bends will be installed to complete the bend. No 90-degree fittings shall be allowed.

(3) A cleanout shall be installed 36 inches from all buildings unless permission to change the location of such cleanout has been obtained from the administrative authority. Additional cleanouts, including those used for commercial properties, shall be installed in locations designated by the administrative authority but in no case shall the distance between cleanouts exceed 100 feet.

(4) Suitable frames and covers of a type designated by the administrative authority shall be used for all cleanouts on commercial property and in paved areas, and such frames shall be cast in a concrete block 30 inches high by 30 inches wide by eight inches deep flush with the final paving.

(5) All cleanouts not in paved areas shall extend to within 18 inches of the ground surface. All cleanouts shall be capped with appropriate plugs, using the standard compression joint of the pipe being used, to prevent entry of dirt, roots, or groundwater and shall be secured against back pressure.

(6) A test tee shall be provided at the private property and right-of-way boundary and at any other required point or points, as determined by the administrative authority, to ensure that all portions of the side sewer can be tested.

(7) It shall be the responsibility of the permit holder to install all risers, cleanouts, castings, concrete blocks, etc., required before the side sewer will be approved by the city. [Ord. 2011-02 § 2 (Exh. 1), 2011.]

13.10.180 Connections to public sewer.

(1) The connection of the side sewer shall be made at a wye or tee branch.

(2) Connections at other than an existing wye or tee shall be made only by city personnel or a licensed side sewer contractor with the cost borne by the permit holder. Any work done by city personnel shall be billed for actual costs plus overhead. Terms in LCMC 13.10.120 shall apply.

(3) If the joint type or dimensions of the wye or tee in the public sewer are different from that of the side sewer pipe, a transition adaptor approved by the administrative authority shall be used to connect the side sewer to the wye or tee. If a suitable transition is not obtainable, the method of making the connection shall be approved by the administrative authority.

(4) Connection to the building drain pipe shall be made by means of flexible clamp-type coupling or by other approved method.

(5) No connections from gutters, roof drains, down spouts, surface drains or yard drains shall be allowed to the sanitary sewer system.

(6) In the event that gravity sewer service is not feasible, as determined by the administrative authority, alternative sewer systems may be permitted. Any alternative sewer system (grinder pumps, vacuum sewers) must be installed at the developer or property owner’s expense in accordance with the city “Development Guidelines” and the current DOE manual “Criteria for Sewage Works Design.” Such systems will be equipped with pigging ports for cleaning of the force mains, where appropriate and as determined by the administrative authority. Alternative systems may be allowed only at the sole discretion of the administrative authority. Nothing implied by this section or otherwise guarantees approval of alternative systems. [Ord. 2011-02 § 2 (Exh. 1), 2011.]

13.10.190 Size and slope of side sewer pipe.

(1) The side sewer pipe shall be six inches in diameter from the public sewer main to the property line. From the property line to the building, the side sewer shall be no less than four inches in diameter. If more than one occupied building is attached to the same building sewer as allowed in LCMC 13.10.110(2), the diameter of the side sewer shall not be less than six inches from the building to the points of junction of the sewer lines. Side sewers to multiple structures, commercial establishments, or industrial buildings shall not be less than six inches in diameter.

(2) All side sewers shall be laid on a uniform slope of not less than one-fourth inch per foot, wherever possible. Where it is impossible to obtain a one-fourth inch per foot slope due to the depth of the public sewer or to the structural features arrangements of the building, a slope of not less than one-eighth inch per foot is permissible, when approved by the administrative authority. Reduced slopes will require an increase in pipe size.

(3) In any building, structure, or premises in which the elevation of plumbing fixtures is too low to permit gravity flow to the public sewer, service may be provided by approved ejectors, pumps, or other equally efficient, approved mechanical devices approved by the administrative authority. When only the lower floor of a structure is too low for gravity flow, the remaining floors must flow by gravity.

(4) The discharge line from the ejectors, pumps, or other mechanical devices shall be provided with an accessible backwater valve and gate valve. The discharge line shall connect to the gravity side sewer at the crown of the side sewer through a wye fitting. All such installations shall conform to the current requirements set forth by DOE in “Criteria for Sewage Works Design,” Section C1-10.

(5) When the administrative authority determines there is a possibility of backup in the side sewer from head pressure in the public sewer, flow from any building drain lower than the gravity sewer shall be raised by approved means, or, if determined necessary by the administrative authority for protection against flooding or surcharge, a backwater valve shall be installed and maintained at the owner’s expense.

(6) Effective operation of any backwater valve shall be the responsibility of the owner of the building sewer. The city shall be saved harmless from any damage or injury sustained from installation or operation of said backwater valve.

(7) All pump installations must meet all pertinent building and plumbing codes, current city development standards, and the most current DOE manual “Criteria for Sewage Works Design,” and must be approved by the administrative authority before installation. [Ord. 2011-02 § 2 (Exh. 1), 2011.]

13.10.200 Excavation and laying of pipe.

(1) All excavation required for the installation of a side sewer shall be open trench work unless otherwise approved by the administrative authority.

(2) The side sewer permit holder, before beginning excavation in the public right-of-way area, shall have at the site sufficient barricades to properly protect the work. The barricades shall meet the requirements as listed in the current “Manual of Uniform Traffic Control Devices.”

(3) The side sewer permit holder shall comply with any additional city, county, state, or other jurisdictional laws, ordinances, and regulations relating to the safety and protection of the excavation, and proper work practices when asbestos-containing pipe is involved.

(4) When unsuitable bedding, such as rock, is found, as determined by the administrative authority, the side sewer trench shall be over-excavated and a bedding of sand or fine gravel a minimum of four inches deep shall be prepared. Gravel shall be three-quarter inch maximum in size. If the trench is unintentionally over-excavated, the bottom shall be brought to proper grade using this same bedding material.

(5) All pipe shall be laid true to grade with the bell upstream. Pipe shall be cradled in the prepared trench bottom. The bottom of the trench shall be smooth and free from large rocks that could damage the side sewer pipe. [Ord. 2011-02 § 2 (Exh. 1), 2011.]

13.10.210 Testing and inspection.

(1) It shall be the duty of the person installing the side sewer as authorized by the permit to notify the utilities department orally or in writing that the sewer is ready for inspection. Twenty-four hours may be required after the notification before actual inspection shall take place. Inspections will not be made on Saturdays, Sundays or holidays.

(2) Side sewers shall be tested for their entire length from the public sewer by testing for visible leakage before backfilling by inserting a removable plumber’s plug at the connection of the side sewer to the public sewer and filling to a line with water to a level of at least one foot above the top of the side sewer at its connection with the building drain or other method as may be approved by the administrative authority. A test tee or tees as required in LCMC 13.10.170(6) shall be used for insertion of the plug and shall be secured against backpressure upon completion of the test. A special fitting, provided by the permit holder, shall be inserted into the cleanout fitting at the connection to the building drain to provide a short standpipe to obtain a one-foot head pressure at that point. The side sewer permit holder or a licensed side sewer contractor must be present at the job during the full duration of the inspection.

(3) Products used to seal the inside of the pipe (such as grout, etc.) are not to be used to obtain a passing test.

(4) It shall be the duty of the holder of a permit to make sure that the work will pass inspection by performing the test described in subsection (2) of this section before giving notification for inspection. If an additional inspection is necessary due to test failure and/or improper installation, a charge of $50.00 shall be made for each additional inspection.

(5) Notices of corrections or violations shall be written by the administrative authority and may be posted at the site of the work or mailed or delivered to the permittee or his authorized representative. Refusal, failure, or neglect to comply with any such notice or order within 10 days after receipt thereof shall be considered a violation of this code and shall be subject to the penalties for violations set forth elsewhere in this code.

(6) Upon satisfactory completion of the leakage test and inspection, a certificate of approval shall be issued by the administrative authority on demand. [Ord. 2011-02 § 2 (Exh. 1), 2011.]

13.10.220 Backfilling.

(1) Trenches shall be backfilled within 24 hours after successful completion of inspection. Backfilling of trenches and restoration of roadway surfacing of any thoroughfare or right-of-way, public or private, shall be the responsibility of the permit holder.

(2) No backfill shall be placed over pipe until the work has been inspected and approved by the administrative authority. Any portion of the side sewer covered before inspection shall be uncovered at the owner’s expense within two days after notice to do so has been issued by the administrative authority. Reinspection of the site will cause the owner/contractor to be subject to a $50.00 reinspection fee.

(3) Trenches shall be carefully backfilled by tamping to a depth of six inches above the pipe to avoid damaging the pipe. All backfill between the public sewer and the property line shall be water-settled or mechanically tamped in six-inch layers to minimize settlement. Any settlement that occurs within 24 months after backfilling shall be corrected at the expense of the permit holder. Additional fill and surfacing materials as approved by the city engineer shall be placed to restore the settled area to original grade.

(4) A minimum of six inches of gravel surfacing shall be temporarily placed in the public right-of-way or be temporarily placed in the public right-of-way or traveled areas in commercial properties. Final surfacing equivalent to the adjoining undisturbed roadway shall not be placed until such time as, in the opinion of the city engineer, final settlement has taken place.

(5) All pipe installations shall be bedded and backfilled to conform to the pipe manufacturer’s specifications.

(6) Minimum cover for side sewers shall be 18 inches, except as hereafter provided:

(a) Minimum cover for side sewers at the property line shall be six feet below the crest of the public right-of-way at the property line.

(b) Minimum cover for side sewers crossing a ditch in the public right-of-way shall be four feet six inches.

(7) Where it is necessary for water and sewer lines to cross each other, the crossing shall be at an angle of approximately 90 degrees and the sewer shall be located 18 inches or more below the waterline. The administrative authority may require that the sewer be constructed of ductile iron for a distance of at least 10 feet on each side of the water main, and/or be placed inside of a protective casing.

(8) Failure to call for an inspection will be cause for termination of water service 30 days after receipt of notification. The administrative authority will send such notification by certified mail, return receipt requested. A copy shall be mailed to the Clark County health department. [Ord. 2011-02 § 2 (Exh. 1), 2011.]

13.10.230 Side sewer contractor.

(1) No person shall hereinafter engage in the business of installing building sewers or in connecting building sewers to any public sewer of the city of La Center unless such person is registered, bonded and insured as required by the laws of the state of Washington and licensed with the city of La Center; provided, however, and excepting from the above requirement, the bona fide property owner or direct family member, which would mean spouse, parents or children, may construct the building sewer provided they abide by all requirements of this title. For purposes of this title, the digging of the ditch in which to lay the sewer shall not of itself be construed as installation of a building sewer.

(2) If a side sewer contractor’s work is determined by the administrative authority to be unacceptable, further sewer permits may be denied for the following causes: failure to observe the rules and regulations issued by the administrative authority, or other codes referenced in this title, governing the construction and laying of side sewers; fraud or misrepresentation in obtaining licensing, bonding and/or insurance; failure to pay for labor or material used in the construction of a side sewer; fraud or misrepresentation to the owner, agent, or occupant of a building for the purpose of obtaining a contract for the construction of a side sewer; or for nonpayment for work performed by the wastewater utility for the payment of which a side sewer contractor may be liable. [Ord. 2011-02 § 2 (Exh. 1), 2011.]

13.10.240 Latecomer’s agreements.

(1) Authority. The city has the discretionary power to grant latecomer’s agreements to developers and owners for the reimbursement of a pro rata portion of the original costs of public water systems, public sanitary sewer systems, public storm water drainage systems and public street improvements including signalization and lighting. The authority to approve a latecomer’s agreement shall be vested in the city council.

(2) Application. Application for a latecomer’s agreement shall be made 30 days prior to issuance of an engineering permit. Application shall be by letter to the city council requesting a latecomer’s agreement, or upon city prepared forms. Any application for a latecomer’s agreement shall contain the following information:

(a) Legal description of applicant’s property; and

(b) Legal description of the benefited properties; and

(d) Estimated cost data and inventory for the improvements, including interest resulting from financing by an accredited financial institution prepared by a registered engineer; and

(e) Proposed pro rata share of the cost of the improvement to be borne by the benefiting properties, and a proposed method of assessment of that pro rata share to the individual benefiting properties; and

(f) Payment of full amount of nonrefundable processing fee of $1,000.

(3) Preliminary Notice of Latecomer’s Agreement and Appeal Right. The public works director, or designee, shall determine the preliminary latecomer’s area boundaries and draft the legal description of the latecomer’s boundary and a preliminary latecomer’s boundary map. The city clerk shall mail notice by certified mail to all owners of record of property within the latecomer’s boundary and to the developer. The notice shall include an approximation of the preliminary assessment, the proposed latecomer’s boundary map and the description of the property owners’ rights and options to participate in the latecomer’s agreement. This preliminary notice form will not be recorded with Clark County. The property owners may, upon payment of the $250.00 appeal fee, request an appeal hearing before the city council within 20 calendar days of the mailing. The appeal shall adhere to the criteria established under subsection (5)(c) of this section but shall be limited to the issue of whether or not a specific property should be included in the latecomer’s area. The city council, by ordinance or voice vote, may delegate the hearing examiner or other hearing officer to hold the requisite public hearing and establish a record, together with a recommendation for the city council. The city council’s ruling shall be determinative and final.

(4) Preliminary Approval.

(a) The city council may grant preliminary approval for a latecomer’s agreement based upon the information contained in the request for a latecomer’s agreement and any input from the public works director or the city council may request further information from the applicant and/or the public works director, or the city council may deny the preliminary latecomer’s agreement. As part of any preliminary approval, the council shall indicate the duration for which the latecomer’s agreement will be approved, after completion of the improvements, which approval period shall not be more than 20 years pursuant to subsection (11) of this section.

(b) Following preliminary approval by the city council, the holder of the latecomer’s agreement shall submit to the city clerk any further information requested by the city.

(5) Final Latecomer’s Agreement.

(a) Preparation of Proposed Final Assessment Roll. Following construction, the public works department shall prepare a final proposed latecomer’s agreement which will include a legal description and a map of the latecomer’s boundary. The cost of the improvements shall be spread among the property owners based upon their pro rata share of said costs. The costs will become payable upon authorization of utility connection and/or building permit authorizing the benefiting property owner(s) to construct improvements that would allow the user(s) property to derive direct benefit from these facilities. The method of assessment to be used shall be one or more of the following methods, unless otherwise approved or directed by the city council:

(i) Front foot method.

(ii) Zone front foot method.

(iii) Square footage method.

(iv) Trip generation (traffic) method.

(v) Other equitable method, as determined by the city.

(vi) Any combination of the above methods.

The method(s) used and the dollar amount(s) will be included in the final latecomer’s agreement.

(b) Final Notice of Latecomer’s Agreement. Following council receipt and approval of the final latecomer’s agreement, the city clerk shall send notice to all owners of record of property within the latecomer’s boundary and to the developer or holder of the latecomer’s agreement. The notice shall include the final assessment per unit charge, the legal description and a map of the latecomer’s boundaries, and the description of the property owners’ appeal rights and/or option to participate in the latecomer’s agreement.

(i) Within 20 calendar days of the date of the mailing, any property owner shall submit an appeal in writing to the city council. Said appeal shall be submitted to the city clerk. An appeal must include a statement of claimed errors concerning the proposed assessment, and must be accompanied by the nonrefundable appeal fee. Errors which are not set forth in writing and which do not adhere to the criteria listed below will not be considered.

(ii) Objections by a benefiting property owner to the recording of a potential assessment against their property does not constitute a valid appeal.

(iii) Claimed errors identified in an appeal must be related to cost, methodology for cost distribution, or benefit to the property as described below:

(A) Cost. If the benefiting property owner contests these costs, he or she shall provide a basis for the claimed discrepancy, such as an estimate from a contractor or other reliable source.

(B) Costs Methodology. If the benefiting property owner contests the cost methodology used, he or she shall show why it is not equitable and shall provide their suggested alternate method of assessment and the justification for its use in place of the staff recommended method.

(C) Benefit. If a benefiting property owner contests benefit, he or she shall provide a statement or documentation on why a particular parcel has no future potential benefit.

(iv) Upon receipt of an appeal and the required fee, the city clerk shall transmit the appeal and the official file to the city council. The city council may delegate to the hearing examiner the responsibility to hold a public hearing, establish the record and provide a written report containing a recommendation to the city council. Following the public hearing, the hearing examiner shall issue a written recommendation which is mailed to parties of record.

(d) Council Action. If no appeal is filed, the city council’s initial approval shall grant the latecomer’s agreement and authorize the developer, mayor and city clerk to sign the document. If an appeal is filed, and if delegated to the hearing examiner for a hearing and the council concurs with specific recommendations made by the hearing examiner as a result of the public hearing, these recommendations shall be incorporated into the latecomer’s agreement. Following city council approval, alteration or denial of the hearing examiner’s recommendation on the appeal, the council shall execute the latecomer’s agreement and authorize the developer, mayor and city clerk to sign the document.

(6) Execution, Recording and Notice. The latecomer’s agreement shall be mailed to the holder of the latecomer’s agreement by the city clerk and must be signed, notarized and returned within 60 calendar days of the date of council approval for execution by the mayor. If not consummated within the 60-calendar-day period, the latecomer’s agreement shall be null and void. The city council can give consideration to extending this period by a showing of hardship or excusable neglect on the part of the holder of the latecomer’s agreement inclusive of all associated documents, maps, and plans. The fully executed latecomer’s agreement shall be recorded by the holder of the latecomer’s agreement at the Clark County auditor’s office.

(7) Contract Finality. Once the latecomer’s agreement together with a legal description and a map of the latecomer’s boundary are recorded with the county, it shall be binding on owners of record within the assessment area. A copy of the recorded and executed agreement shall be transmitted to the city clerk within seven calendar days of recording. Following receipt of the recorded latecomer’s agreement, the city clerk shall mail a copy of the recorded agreement to the holder of the latecomer’s agreement.

(8) Title to Improvement and Assignment of Benefit. Before the city will collect any latecomer’s fee, the holder of the latecomer’s agreement shall transfer title to all of the improvements under the latecomer’s agreement to the city. The holder of the latecomer’s agreement shall also assign to the city the benefit and right to the latecomer’s fee should the city be unable to locate the holder of the latecomer’s agreement to tender any latecomer’s fee that the city has received. The holder of the latecomer’s agreement shall be responsible for keeping the city informed of their correct and current mailing address. Should the city be unable to locate the holder of the latecomer’s agreement in order to deliver a latecomer’s fee, the city shall undertake an independent investigation to determine the location of the holder of the latecomer’s agreement. Should the city, after a good faith attempt to locate the holder of the latecomer’s agreement, be unable to do so, the latecomer’s fee shall be placed in the special deposit fund held by the city for two years. At any time within the two-year period the holder of the latecomer’s agreement may receive the latecomer’s fee, without interest, by applying to the city for that latecomer’s fee. After the expiration of the two-year period, all rights of the holder of the latecomer’s agreement to that fee shall expire, and the city shall be deemed to be the owner of those funds.

(9) Tender of Fee. When the city has received the funds for a latecomer’s fee, it shall forward that fee, if possible, to the current holder of the latecomer’s agreement at the current address of the holder of the latecomer’s agreement that is on file with the city, within 30 calendar days of receipt of the funds. It is the responsibility of the holder of the latecomer’s agreement to keep his/her addresses current with the city. Funds received by negotiable instrument, such as a check, will be deemed received 10 calendar days after delivery to the city. Each latecomer’s agreement contract shall include a provision requiring that every two years from the date the contract is executed a property owner entitled to reimbursement under this title provide the city with information regarding the current contract name, address, and telephone number of the person, company, or partnership that originally entered into the contract. If the property owner fails to comply with the notification requirements of this subsection within 60 days of the specified time, then the city may collect any reimbursement funds owed to the property owner under the contract. Such funds shall be deposited in the reserve fund of the city.

(10) Release of Assessment. When funds are received for a latecomer’s fee, the city will post said payment for the real property owned by the party paying the latecomer’s fee, within 30 calendar days of receipt of the funds. An individual certificate of payment shall not be recorded with Clark County. The city shall record a certificate of payment and release of assessment for the entire latecomer’s area when all the property owners have paid their assessment or upon expiration of the term of life of the latecomer’s agreement.

(11) Term of Life. When authorized by the city council, a latecomer’s agreement may be granted for a period of up to but not to exceed 20 years. The contract may provide for an extension of the 20-year reimbursement period for a time not to exceed the duration of any moratorium, phasing ordinance, concurrency designation, or other governmental action that prevents making applications for, or the approval of, any new development within the benefit area for a period of six months or more. Upon the extension of the reimbursement period pursuant to this subsection, the contract must specify the duration of the contract extension and must be filed and recorded with the Clark County auditor. Property owners who are subject to the reimbursement obligations under this section shall be notified by the city of the extension filed under this subsection. The latecomer’s agreement will expire at the end of the period of time established by the city council.

(12) Fees. A benefiting property owner shall pay to the city a $125.00 nonrefundable latecomer’s agreement processing fee.

(13) Limits on City Responsibility. The final latecomer’s agreement recorded with the Clark County auditor’s office will be a matter of public record and will serve as notice to current and future owners, as well as to the city, of the potential assessment should a connection to the improvements be made. In addition to the city, the holder of the latecomer’s agreement has responsibility to monitor those parties connecting to the improvement to ensure benefiting property owners will pay their pro rata cost. Should the city become aware of such a connection, it will use its best efforts to collect the latecomer’s fee. Should the city fail to forward the latecomer’s fee to the holder of the latecomer’s agreement through the city’s sole negligence, then the city shall pay the holder of the latecomer’s agreement simple interest on those monies at the rate of six percent per annum.

(14) Improvements Constructed by Developer. Improvements shall be installed by developer per approved plans following issuance of the construction permit and payment of applicable permit and development fees. The notification and appeal process, established by this title, may result in a decision by the city council which would alter the potential payment to the beneficiary of the latecomer’s agreement. If the beneficiary proceeds to construction prior to either the preliminary or city council approval of the latecomer’s agreement following all appeals, the beneficiary does so at the beneficiary’s own risk.

(15) Interest. No interest rates are added to fees collected by the city of La Center under private developer or publicly held latecomer’s agreement. [Ord. 2018-15 § 1, 2018; Ord. 2011-02 § 2 (Exh. 1), 2011.]

13.10.250 Septage dumping.

It is unlawful for any person, firm or corporation to deposit, dump, place, or leave septage, sewage, or effluent from any septic tank, cesspool, or other private or city of La Center sewage disposal system within the corporate limits of the city of La Center. [Ord. 2011-02 § 2 (Exh. 1), 2011.]

13.10.260 Prohibited discharge standards.

(1) General Prohibitions. No user shall introduce or cause to be introduced into the POTW any pollutant or wastewater which causes pass through or interference. These general prohibitions apply to all users of the POTW whether or not they are subject to categorical pretreatment standards or any other federal, state, or local pretreatment standards or requirements. (40 CFR 403.5(a) and WAC 173-216-060(2)(b)(i).)

(2) Specific Prohibitions. No user shall introduce or cause to be introduced into the POTW the following pollutants in any form (solid, liquid, or gaseous):

(a) Any pollutant which either alone or by interaction may create a fire or explosive hazard in the POTW, including, but not limited to, waste streams with a closed-cup flashpoint of less than 140 degrees Fahrenheit (60 degrees Celsius) using the test methods specified in 40 CFR 261.21 (40 CFR 403.5(b)(1)), or are capable of creating a public nuisance (WAC 173-216-060(2)(b)(ii)). This includes waste streams sufficient to create a public nuisance or a hazard to life, or to prevent entry into the sewers for maintenance or repair. At no time shall a waste stream cause two successive readings on an explosion meter to be more than five percent nor any single reading over 10 percent of the lower explosive limit (LEL) of the meter at any point in the collection system or treatment works;

(b) Any pollutant which will cause corrosive structural damage to the POTW, but in no case discharges with a pH less than 6.0 or more than 9.0, or having any other corrosive property capable of causing damage or hazard to structures, equipment, or personnel of the POTW, unless the system is specifically designed to accommodate such discharge and the discharge is authorized by an applicable wastewater discharge permit (40 CFR 403.5(b)(2) and WAC 173-216-060(2)(b)(iv));

(c) Any solid or viscous substances including fats, oils, and greases in amounts which may cause obstruction to the flow in a POTW or other interference with the operation of the POTW (40 CFR 403.5(b)(3) and WAC 173-216-060(2)(b)(vi));

(d) Any discharge of pollutants, including oxygen-demanding pollutants (BOD, etc.), released at a flow rate and/or pollutant concentration which, either singly or by interaction with other pollutants, sufficient to cause interference with the POTW (40 CFR 403.5(b)(4) and WAC 173-216-060(2)(b)(vi));

(e) Any waste stream having a temperature which will inhibit biological activity in the treatment plant resulting in interference, or cause worker health or safety problems in the collection system. In no case shall wastewater be discharged at a temperature which causes the temperature of the influent to the treatment plant to exceed 104 degrees Fahrenheit (40 degrees Celsius) unless the system is specifically designed to accommodate such a discharge, and the discharge is authorized by an applicable wastewater discharge permit (40 CFR 403.5(b)(5) and WAC 173-216-060(2)(b)(v));

(f) Any petroleum oil, nonbiodegradable cutting oil, or products of mineral oil origin, in amounts that will cause interference or pass through (40 CFR 403.5(b)(6)(ii));

(g) Any pollutants which result in the presence of toxic gases, vapors, or fumes within any portion of the POTW in a quantity that may cause acute worker health and safety problems (40 CFR 403.5(b)(7) and WAC 173-216-060(2)(b)(ii));

(h) Any trucked or hauled wastes, except at discharge points designated by the city and in compliance with all applicable city requirements and during specified hours (40 CFR 403.5(b)(8));

(i) Any noxious or malodorous liquids, gases, solids, or other wastewater which, either singly or by interaction with other wastes, are sufficient to create a public nuisance or a hazard to life, or to prevent entry into the sewers for maintenance or repair (WAC 173-216-060(2)(b)(ii));

(j) Any of the following discharges unless approved by the administrative authority under extraordinary circumstances such as the lack of direct discharge alternatives due to combined sewer service or need to augment sewage flows due to septic conditions (WAC 173-216-060(2)(b)(vii)):

(i) Noncontact cooling water in significant volumes;

(ii) Stormwater, and other direct inflow sources; or

(iii) Wastewaters significantly affecting system hydraulic loading, which do not require treatment or would not be afforded a significant degree of treatment by the POTW;

(k) Any dangerous or hazardous wastes as defined in Chapter 173-303 WAC, as amended, except as allowed in compliance with that regulation (WAC 173-216-060(1) and 40 CFR Part 261);

(l) Any substance which will cause the POTW to violate its NPDES, state waste discharge or other disposal system permits or causing, alone or in conjunction with other sources, the treatment plant’s effluent to fail a toxicity test;

(m) Any substance which may cause the POTW’s effluent or treatment residues, sludges, or scums to be unsuitable for reclamation and reuse or would interfere with the reclamation process or cause the POTW to be in noncompliance with sludge use or disposal criteria, guidelines or regulations developed pursuant to the federal, state, or local statutes or regulations applicable to the sludge management method being used;

(n) Any discharge which imparts color which cannot be removed by the POTW’s treatment process such as dye wastes and vegetable tanning solutions, which consequently impart color to the treatment plant’s effluent, thereby violating the city’s NPDES permit. Color (in combination with turbidity) shall not cause the treatment plant effluent to reduce the depth of the compensation point for photosynthesis activity in the receiving waters by more than 10 percent from the seasonably established norm for aquatic life;

(o) Any discharge containing radioactive wastes or isotopes except as specifically approved by the administrative authority in compliance with applicable rate or federal regulations including WAC 246-221-190, Disposal by release into sanitary sewerage systems; and meeting the concentration limits of WAC 246-221-290, Appendix A, Table I, Column 2; and WAC 246-221-300, Appendix B;

(p) Any sludges, screenings, or other residues from the pretreatment of industrial wastes or from industrial processes;

(q) Any medical wastes, except as specifically authorized by the administrative authority;

(r) Any detergents, surface-active agents, or other substances in amounts which may cause excessive foaming in the POTW;

(s) Any incompatible substance such as: grease, animal guts or tissues, paunch contents, manure, bones, hair, hides or fleshings, entrails, whole blood, feathers, ashes, cinders, sand, spent lime, stone or marble dusts, metal, glass, straw, shavings, grass clippings, rags, spent grains, spent hops, wastepaper, wood, plastics, gas, tar asphalt residues, residues from refining or processing of fuel or lubricating oil, mud, or glass grinding or polishing wastes, or any other organic or inorganic matter greater than one-half inch in any dimension;

(t) Persistent pesticides and/or pesticides regulated by the Federal Insecticide Fungicide Rodenticide Act (FIFRA);

(u) Any wastewater, which in the opinion of the administrative authority can cause harm either to the sewers, sewage treatment process, or equipment; have an adverse effect on the receiving stream; or can otherwise endanger life, limb, public property, or constitute a nuisance, unless allowed under a legal and binding agreement by the administrative authority (except that no waiver may be given to any categorical pretreatment standard).

(3) Pollutants, substances, or wastewater prohibited by this section shall not be processed or stored in such a manner that they could be discharged to the POTW.

(4) Every building, structure, or premises used or occupied by any sewer user where any commercial or industrial operations are conducted or permitted which result in the discharge into the sewer system of any products, waste products, or other substances, matter, or liquid in the manner and to the extent prohibited in this section shall be equipped with an adequate and suitable grease trap, filter, or other interception device installed in such a manner that the product, waste products, or other substances, materials, or liquid herein set forth will not flow into or be discharged into the sanitary sewer system. The grease trap, filter, or other interceptor shall be adequately maintained, readily accessible for inspection by the administrative authority at any time to ensure its proper operation, and is subject to the terms in LCMC 13.10.280.

(5) The owner of any vehicle-washing facility shall install and maintain in a proper manner and at his own expense an approved sediment and oil trap located in the side sewer line. Records of proper cleaning and maintenance must be kept and made available to city inspectors. [Ord. 2011-02 § 2 (Exh. 1), 2011.]

13.10.270 Commercial/industrial waste discharges.

(1) The administrative authority may allow discharge of commercial/industrial waste not prohibited by LCMC 13.10.260 into the public sewer. The decision on whether or not to allow any such discharge will be made on a case-by-case basis once the characteristics of the proposed waste discharge have been fully disclosed and will result in an individual agreement.

(2) In instances where the discharge of commercial/industrial waste into the public sewer is proposed, the administrative authority may:

(a) Prohibit discharge into the public sewer; and/or

(b) Require preliminary treatment (“pretreatment”) to acceptable condition for discharge into the public sewer; and/or

(c) Require payment of an additional charge and fee as provided in LCMC 13.10.350 for the added cost and expense of treating such waters or wastes so admitted into the sewage system; and/or

(d) Require monitoring of the discharge as provided in LCMC 13.10.070; and/or

(e) Require user to obtain a state discharge permit.

(3) In cases where pretreatment is required, plans, specifications, and other information relating to the construction and installation of pretreatment facilities shall be submitted by the industry to Ecology and the administrative authority for approval. No construction or installation thereof shall commence until written approval has been received from the administrative authority and Ecology. Such pretreatment facilities shall be constructed, operated, and maintained at the owner’s expense. The industry shall comply with the Ecology and the EPA pretreatment regulations and the state waste discharge permit program.

(4) Any person constructing a pretreatment facility, as required by the administrative authority or Ecology, shall also install and maintain at the facility owner’s sole expense a sampling and metering manhole for monitoring the discharge to the public sewer. Such sampling and metering manhole shall be placed in a location approved by the administrative authority and in accordance with approved specifications.

(5) The city can require written permits and/or operating plans for any commercial or industrial discharger that does not fall under state and federal permit requirements. Noncompliance with the permit requirements is enforceable under the provisions of this title. [Ord. 2011-02 § 2 (Exh. 1), 2011.]

13.10.280 Pretreatment of fats, oils and grease required.

(1) Dischargers who operate newly constructed multiplex units or apartment complexes, restaurants, cafes, lunch counters, cafeterias, bars, or clubs; or hotels, hospitals, sanitariums, factories, churches or school kitchens; or other establishments that serve or prepare food where grease may be introduced to the sewer system shall have pretreatment facilities to prevent the discharge of fat waste, oil, or grease (FOG). Take-out food establishments or other establishments that prepare food, but do not cook in oil or grease, and who serve food only in disposable containers, may be exempted from this requirement, provided their discharges do not violate the general discharge prohibitions of this title. These pretreatment facilities must have grease interceptors installed in the waste line leading from sinks, drains, or other fixtures where grease may be discharged. The grease interceptors must meet, at a minimum, the specifications of the current Uniform Plumbing Code adopted by the city. The administrative authority is authorized to adopt and publish additional criteria for grease interceptors. Dischargers must maintain these facilities in a manner that will always prevent fat waste, oil, or grease from being carried into the sewer system. Fat waste, oil, or grease removed from such a facility shall not be disposed of in sanitary or storm sewers.

(2) All existing restaurants, cafes, lunch counters, cafeterias, bars, or clubs, or hotels, hospitals, sanitariums, factories, churches or school kitchens or other establishments that serve or prepare food where grease may be introduced to the sewer system which do not have a grease interceptor at the time of adoption of the ordinance codified in this title shall meet the requirements for grease, oil and fats by installing a grease interceptor within one year of the effective date of the ordinance codified in this title. Failure to install a grease interceptor within one year shall result in penalties as outlined in LCMC 13.10.340. All grease removal systems must be approved by the administrative authority prior to installation. [Ord. 2011-02 § 2 (Exh. 1), 2011.]

13.10.290 Washing facilities, grease rack – Pretreatment.

Dischargers who operate automatic and coin-operated laundries, car washes, filling stations, commercial garages or similar businesses having any type of washing facilities or grease racks and any other dischargers producing grit, sand, oils, or other materials which have the potential of causing partial or complete obstruction of the building sewer or other areas in the sewer system shall install approved interceptors or tanks in accordance with the latest specifications adopted by the city such that excessive amounts of oil, sand and inert solids are effectively prevented from entering the city sewer. All new car washes shall be closed loop, no discharge systems. Proof of required operation and maintenance records must be made available for city inspectors. [Ord. 2011-02 § 2 (Exh. 1), 2011.]

13.10.300 Inspection fees.

All grease interceptors, oil/water separators, settling tanks and grit traps shall be installed, maintained and operated by the discharger at his own expense. The installation shall be kept in continuous operation at all times, and shall be maintained to provide efficient operation. Cleaning must be performed by a service contractor qualified to perform such cleaning. All material removed shall be disposed of in accordance with all state and federal regulations. Certification of maintenance shall be made readily available to city authorized personnel for review and inspection. Inspection and cleaning frequency of grease interceptors/traps is at the sole discretion of the administrative authority. If a failure to maintain settling tanks, grit traps, grease interceptors, or oil/water separators results in partial or complete blockage of the building sewer or other parts of the wastewater utility system, or adversely affects the treatment or transmission capabilities of the system, or requires excessive maintenance by the city, the discharger responsible for the facilities shall be subject to the remedies, including enforcement and penalties detailed in this title. Regular inspections will be conducted at no charge to the customer; however, reinspections for systems not properly maintained will be charged in accordance with LCMC 13.10.030. [Ord. 2011-02 § 2 (Exh. 1), 2011.]

13.10.310 Right of revision.

The city reserves the right to amend this title, and any permits issued under it, to provide for more stringent limitations or requirements on discharges to the wastewater utility system if such amendments are deemed necessary to comply with the prohibitions set forth in LCMC 13.10.260, or are otherwise in the public interest. No vested right shall be created by the issuance of any permit under this title. [Ord. 2011-02 § 2 (Exh. 1), 2011.]

13.10.320 Entry of private property.

The administrative authority, bearing proper credentials and identification, shall be permitted to enter upon all and any premises at all reasonable times for the purpose of inspection, observation, measurement, sampling, testing of sewers and sewage, and performance of all other acts or duties required within the provisions of this title. [Ord. 2011-02 § 2 (Exh. 1), 2011.]

13.10.330 Violations.

(1) Definition. For the purposes of enforcement, the provisions of the rules establishing what constitutes a violation for general dischargers are set forth in this title. Those dischargers subject to national pretreatment standards will be subject to enforcement action in accordance with this title for any violations of the criteria and limitations specified in the categorical standard or the general pretreatment standards set forth in 40 CFR 403, same being incorporated herein by this reference.

(2) Sewer Connection without Permission. It is unlawful to make or cause to be made or to maintain any sewer connection with any sewer of the city of La Center or with any sewer which is connected directly or indirectly with any sewer of the city of La Center without having permission from the administrative authority. In the event permission has not been granted by the city of La Center, the city shall seek remedies under LCMC 13.10.340(4).

(3) Maximum Daily Concentration Allowed. The maximum daily allowable concentrations for dischargers not regulated under national pretreatment standards are violated under the following circumstances:

(a) The arithmetic mean of concentrations for eight consecutive samples collected within a 24-hour time period over intervals of 15 minutes or greater is in excess of the limitation.

(b) The concentration value obtained from composite sample that is representative of the 24-hour discharge is in excess of the limitation.

(c) The concentration of any single sample (whether as single grab sample or a sample within a series) exclusive of any fats, oils, and grease exceeds the limitation by a factor of two and one-half times.

(d) The arithmetic means of the concentration of fats, oils, or greases for three grab samples, taken no more frequently than at five-minute intervals exceeds the limitation.

(4) pH Sample. The pH of any given sample is less than pH 6.0 or greater than pH 9.0.

(5) Temperature Limitation. The temperature limitation is exceeded for any single sample.

(6) Maximum Allowable Poundage Limitations. A violation shall occur if the maximum allowable effluent poundage limitation as established in the private wastewater discharge permit is exceeded. The daily poundage discharged shall be calculated using the volume of effluent discharged that day times the concentration for that day either reported by the discharger or obtained through sampling by the city. The poundage shall be determined utilizing the formula:

Lbs/day = conc. in mg/l x gal/day disch. x 8.34/1,000,000

(7) Reporting Requirements. A violation shall occur if any reporting requirements established by permit, accidental discharges, upset conditions, written request of the administrative authority, or as specified by general pretreatment standards (40 CFR 403.12) are not complied with. A violation shall occur when any person knowingly makes any false statement, representation, or certification in any application, record, report, plan or other documents filed or required to be maintained pursuant to this title, or who falsifies, tampers with, or knowingly renders inaccurate any monitoring device or method required under this title.

(8) FOG Pretreatment Facility – Maintenance. A violation shall occur if there is any failure to maintain grease or grit interceptors or oil/water separators which causes maintenance on any sewer line to be greater than once every two years caused by excessive oil, grease, or fat buildup in the sewer lines; or excess buildup of sand, gravel or other materials clogging the sewer lines. The lack of any device to prevent discharge of grease, oil, fats, sand, gravel or any other materials which will cause excessive maintenance of the sewer lines shall not relieve the discharger of the responsibility of liability for any costs to the city for excessive maintenance and/or other costs, including overhead incurred by the city.

(9) Discharge of Dangerous Waste. A violation shall occur if any material listed on the discharge chemical products list of the state of Washington (WAC 173-303-9903) is discharged into any public sewer, or building sewer tributary thereto.

(10) Explosion Meter Readings. A violation shall occur if the readings on an explosion meter at any point in the collection system or wastewater treatment plant is greater than 10 percent for a single reading or greater than five percent for two successive readings.

(11) Pass Through or Interference. Any discharge which causes pass through or interference with the wastewater treatment plant is a violation.

(12) Emergency Suspension of Service and Industrial Wastewater Discharge Permit or Limited Permit.

(a) The city may, without advance notice, order the suspension of all or some portion of the wastewater treatment service and any applicable industrial wastewater discharge permit or limited permit to a discharger when it appears to the city that an actual or potential discharge:

(i) Presents or threatens a substantial danger to the health or welfare of persons or to the environment; or

(ii) Threatens to or interferes with the operation of the wastewater treatment plant or collection system; or

(iii) Causes pass through to the environment or treatment process upset.

(b) Any discharger notified of the city’s suspension order shall cease immediately all discharges. In the event of failure of the discharger to comply with the suspension order, the city may commence judicial proceedings immediately thereafter to compel the discharger’s specific compliance with such order and/or to recover civil penalties. The city shall reinstate the wastewater treatment service upon proof by the discharger of the elimination of the noncomplying discharge or of the conditions creating the threat as set forth in this section and payment of all penalties and fees.

(c) In addition to all other rights and remedies, the city shall have the authority to immediately discontinue water service to a discharger if the city determines that such action is reasonably necessary to suspend service as authorized by subsection (12)(a) of this section. The city shall have the right of access onto the discharger’s private property to accomplish such termination of the water service.

(13) Termination of Treatment Services – Permit Revocation. Dischargers holding NPDES or state discharge permits will be referred to DOE for violations and enforcement/revocation of their permit. The city shall have the authority to terminate wastewater treatment services and to revoke any locally issued industrial wastewater discharge permit or limited permit of the discharger if it determines that the discharger has:

(a) Failed to accurately report wastewater constituents and characteristics; or

(b) Failed to report significant changes in wastewater constituents, characteristics, flow volumes or types of discharge to the wastewater treatment plant; or

(d) Violated conditions of the wastewater discharge permit; or

(e) Violated any of the provisions of this title or regulations promulgated hereunder; or

(f) Violated any lawful order of the city issued with respect to the discharger’s permit or this title; or

(g) Tampers with, disrupts, damages or renders inaccurate any wastewater monitoring device required by this title.

(14) Other Violations.

(a) If reports required by permit, this title or state or federal pretreatment regulations are submitted later than 30 days after they are due, the discharger shall be subject to civil penalties of $500.00 per day for a maximum of 20 working days. The penalty shall then be increased to $1,000 per day with a maximum fine of $20,000. In the event the reports have not been submitted at the time the maximum penalty is imposed, the city shall seek remedies under LCMC 13.10.340.

(b) If any of the actions prescribed in any compliance schedule established by permit or by order of the administrative authority are not complete within 30 days of the time they are required to be complete, the discharger shall be subject to civil penalties of $500.00 per day for a maximum of 60 days for each day the action(s) have not been completed. In the event the actions have not been completed 90 days after the date scheduled in the permit or order the city shall seek remedies under LCMC 13.10.340.

(c) If a discharger fails to maintain grease, oil and/or sediment removal systems which result in excessive maintenance by the city of the collection system or treatment plant, the discharger shall be subject to a civil penalty of $500.00 which shall be added to the costs incurred by the city to perform the maintenance. If excessive maintenance is required a second time within a two-year period, the penalty shall be $1,000 which shall be added to the costs of maintenance by the city. In the event excessive maintenance continues the city shall seek remedies under LCMC 13.10.340.

(d) Failure to provide accurate or complete information on any wastewater discharge reports or the requirements of a discharge permit shall result in a civil penalty of $100.00 for the first offense. Thereafter the discharger shall be subject to remedies under subsection (14)(a) of this section.

(e) All commercial and industrial users are required to complete the annual user survey and submit the completed form to the utilities department within 45 days of receipt. Failure to complete the survey within the required time will subject the user to penalties as outlined in this title.

(f) In addition to the assessments described in this section any costs incurred by the city, including attorneys’ fees, due to violations subject to civil penalty shall be added to the total amount of the civil penalty assessment. [Ord. 2011-02 § 2 (Exh. 1), 2011.]

13.10.340 Penalties.

(1) Criminal Sanctions. Any person, firm, or corporation violating any of the provisions of this title shall, in addition to other penalties as are provided herein, be deemed guilty of a misdemeanor and upon conviction thereof shall be punishable by a fine not to exceed $1,000 plus costs and penalty assessments. Each separate day or any portion thereof during which any violation of this title occurs shall be deemed to constitute a separate offense, and upon conviction thereof shall be punishable as herein provided.

(2) Civil Liability for Expenses and Fines. Any discharger violating provisions of this title shall be liable for any expense, loss or damage caused to the collection system and/or treatment plant by reason of such violation, including increased costs for sewage treatment, sludge treatment and disposal and operation and maintenance expenses when such increased costs are the result of the discharger’s discharge. If the discharger discharges pollutants that cause the city to violate any condition of its NPDES permit and to be fined by the United States Environmental Protection Agency or the state or federal government for such violation, the discharger shall be liable to the city for the total amount of the fine assessed against the city, including, without limitation, all legal, sampling, analytical and other associated costs and expenses.

(3) Termination of Service – Lien. In addition to the foregoing criminal sanctions and penalties detailed in other sections and not in any way a limitation thereof, persons alleged to be violating any provision of this title may be subject to termination of water and/or sewer service by the city upon being given 10 days’ written notice by certified mail, return receipt requested, directed to such person’s address as last shown on the city records, informing them of the alleged violation and informing them that failure to correct such violation will result in termination of such service at the end of the 10-day period; provided, however, this section does not apply to termination of service due to nonpayment of the utility billing. Any work accomplished by customer request or necessary for maintenance, operation, and/or sampling of the private sewer, which may be billed for time, materials, equipment and overhead, or to repair damage caused by a customer and so billed, shall be subject to all applicable penalties including, but not limited to, lien and discontinuance of service, as provided for in LCMC 13.10.120.

(4) RCW 35.67.350, Penalty for sewer connection without permission, as now in force or hereafter amended, added to or deleted from, is adopted by reference as part of this title. [Ord. 2011-02 § 2 (Exh. 1), 2011.]

13.10.350 Schedule of charges.

(1) User Charges. User charges levied in accordance with LCMC 13.10.030 through 13.10.090 shall be as follows:

(Basic hook-up charge/ERU) (number of ERUs) = total hook-up charge.

The below assignment of equivalent residential units (ERUs) to classes of service shall be used. The ERU assignment shall be applied on a proportionate basis.

Class of Service		ERU Assignment

Residential
1.	Single-family dwelling	1 ERU
2.	Multifamily dwelling	1 ERU per dwelling
3.	Trailer courts
	– Permanent mobile home parks	1 ERU per rental space provided sewer service
	– Transient RV parks	0.33 ERU per RV site provided sewer service
4.	Bed and breakfast	1 ERU, plus 1 ERU per 5 rental rooms
5.	Home business (residential primary use)	1 ERU

Nonresidential
6.	High schools, junior high/middle schools and community colleges	1 ERU per 24 FTEs; for junior high/middle schools there shall be only 1 ERU charged for the months of July and August
7.	Elementary schools, preschools, day care	1 ERU per 54 FTEs; for elementary and preschools there shall be only 1 ERU charged for the months of July and August
8.	Churches	1 ERU per 150 seats
	– If parsonage	1 ERU additional
	– If weekday child care or church school	1 ERU per 54 students additional
9.	Hospitals – General	1 ERU per bed
10.	Convalescent/rest homes	1 ERU per 2 beds
11.	Hotels, motels	1 ERU per 2 rooms
	– If quality restaurant	1 ERU per 8 seats additional
12.	Quality restaurants	1 ERU per 8 seats
13.	Fast food	1 ERU per 9 seats
14.	Tavern	1 ERU per 15 seats
15.	Service stations (without car wash)	2 ERUs
16.	Car wash
	– Wand	1.5 ERUs per stall
	– Rollover	7.0 ERUs
	– Tunnel	7.5 ERUs
17.	Laundromats	1 ERU per machine or actual or projected flow calculations approved by the city engineer. See subsection (1)(b) of this section for more information about actual and projected flows.
18.	Commercial (commercial shall include all classes not otherwise included in this table)	1 ERU per 1,600 sq. ft. or less of interior floor space. For commercial establishment in excess of 1,600 sq. ft. of interior floor space, the city may use actual or projected flow calculations approved by the city engineer; provided, however, the minimum connection fee shall not be less than one equivalent residential unit. If projected flow calculations are used, the connection fee shall be adjusted after the first year of operation of the establishment to reflect actual flow usage in the event the flows were underestimated. (See subsection (1)(b) of this section for more information about actual and projected flows.)
19.	Light industrial waste with:	Based on projected average monthly flows during peak season – 700 cu. ft. If projected flows are unknown then basis is same as Class 16.
	– 30 lbs. to 200 lbs. of S.S. per day, or
	– 30 lbs. to 200 lbs. of BOD per day, and
	– Less than 10,000 gallons per day
20.	Heavy industrial waste with more than:	Same as Class 17, 1 ERU per machine
	– 200 lbs. of BOD per day, or
	– 200 lbs. of S.S. per day, or
	– 10,000 gallons or more per day

(a) Where seating is on benches or pews, the number of seats shall be computed on the basis of one seat for each 18 inches of bench or pew length.

(b) Where actual or projected flows are used, the minimum connection fee shall not be less than one equivalent residential unit. If projected flow calculations are used, the connection fee shall be adjusted after the first year of operation of the establishment to reflect actual flow usage in the event the flows are underestimated. If projected flow calculations are proposed, it shall be the responsibility of the applicant to provide the engineered water consumption or other information necessary to determine the sewer flow, expressed in gallons per day.

(2) Capital Facility Charge.

(a) So that the property owners shall bear their equitable share of the cost of the wastewater system and as authorized in RCW 35.92.035, there shall be paid a capital facilities charge at the time the application is approved for wastewater service. The city council by resolution will establish the amount of the capital facilities charge and may amend the charge as the council may deem necessary.

(b) For projects not completed within 180 days after approval and where the permit has expired in accordance with LCMC 13.10.145, the capital facilities charge shall be refunded to the applicant subject to a five percent processing fee. Latecomer and permit inspection fees are nonrefundable. Applicant shall be charged fee rates in effect at time of payment. [Ord. 2022-03 § 3 (Exh. A), 2022; Ord. 2011-02 § 2 (Exh. 1), 2011.]

13.10.360 Effective date of charges.

Rates, capital facilities and systems development charges shall be in full force and effect August 1, 2006, as established per LCMC 13.10.030. [Ord. 2011-02 § 2 (Exh. 1), 2011.]

13.10.370 Service outside city limits.

The city is authorized pursuant to RCW 35.67.310 to provide sewer service to property outside the city limits. The city’s provision of such extra-territorial sewer service is not mandatory, and shall require an extra-territorial sewer permit as provided in subsection (2) of this section. The provisions of subsection (3) of this section apply to the city’s review of applications for extra-territorial sewer service to lands within the city’s urban growth area (UGA). The provisions of subsection (4) of this section apply to the city’s review of applications for extra-territorial sewer service to lands outside the city’s UGA.

(1) Restrictions on Extra-Territorial Sewer Service. After designation of the city’s urban growth area boundary by the county as contemplated by RCW 36.70A.110, the city will deny any application for sewer service to land outside the city’s UGA except as provided in subsection (4) of this section.

(2) Extra-Territorial Sewer Permit. Any person owning property outside the city limits and desiring connection to the city’s sewer system shall make application at the office of the city clerk on the appropriate form. Every such application shall be made by the owner of the property or by his/her authorized agent. The applicant must state fully the purposes for which the sewer service is required. The applicant must agree to conform to the city’s rules and regulations concerning sewer service, as the same now exist or may be amended in the future. Each extra-territorial sewer permit shall have a term of one year from the date of issuance, unless a longer term is specified in the permit. If the permit holder does not pay the required fees and request an actual hook-up or connection to the subject property or obtain an extension from the public works director within the term of the permit, the extra-territorial sewer permit shall be null and void.

(3) Extension of Sewer System Within Urban Growth Area. Applications for sewer service to property located within the city’s UGA may be approved by the public works director, subject to the following requirements:

(a) Utility Extension Agreement. The owner of the property must enter into a utility extension agreement with the city meeting the requirements of this subsection. The agreement shall be recorded against the property in the Clark County auditor’s office, and shall constitute a covenant running with the land, binding on the owner and all other persons subsequently acquiring any right, title, or interest in or to said property.

(b) Costs of Design, Engineering and Construction of Extension. The owner shall pay all costs of design, engineering and construction of the sewer system extension, which shall be accomplished to city standards and conform to plans approved by the city public works director. Costs of plan review and construction inspection shall also be paid by the owner.

(c) Capacity Commitment Fee. The owner shall pay a fee for the city’s reservation of sewer capacity, which is calculated as a percentage of the connection fee for the sewer service. Such payments shall be made under the payment schedule determined by the city.

(d) Easements and Permits. The owner shall secure and obtain at the owner’s sole cost and expense all permits, easements and licenses necessary to construct the extension.

(e) Dedication of Capital Facilities. The owner shall dedicate all capital facilities constructed as part of the sewer extension (such as sewer main lines, pump stations, etc.), at no cost to the city, upon the completion of construction, approval and acceptance by the city.

(f) Connection Charges. Prior to connection to the city sewer system, the owner shall pay the connection charges established in LCMC 13.10.350 as it now exists or may hereafter be amended. Such connection charges shall be based upon the rate schedules applicable at the time of actual connection.

(g) Agreement Not to Protest Annexation. The owner shall provide the city with an irrevocable power of attorney to allow a city representative to sign a petition for annexation on behalf of the property owner. Alternatively, the owner may agree to sign a petition for annexation of the property when requested to do so by the city.

(h) Waiver of Right to Protest LID. If, at the time of execution of the utility extension agreement, the city has plans to construct sewer system improvements that would specially benefit the owner’s property, the agreement shall specifically describe such improvements. The owner shall agree to sign a petition for the formation of an LID for the specified improvements, and to waive his/her right to protest formation of any such LID.

(i) Development of Property to Conform to City Code – Exceptions. Except as set forth herein, the owner shall agree to comply with all requirements of the city’s land use regulations, fire code and those portions of the city building code which are referenced by the fire code, and the city public works standards when developing or redeveloping the property subject to the agreement. Sewer service to a project which departs from the city’s land use regulations or public works standards shall require approval by the city council. The city council may approve sewer service to a project which departs from the city’s land use regulations or public works standards only where the applicant demonstrates that the proposed departure would result in a development which meets the intent of the applicable regulations or standards, based upon compliance with all of the following criteria:

(i) That the site of the proposed use is adequate in size and shape to accommodate such use and all yards, spaces, walls and fences, parking, loading, landscaping and other features necessary to ensure compatibility with the underlying zoning district;

(ii) That the site for the proposed use relates to streets, adequate in width and pavement type to carry the quantity and kind of traffic generated by the proposed uses and that adequate public utilities other than sewer are available to serve the proposal;

(iii) That the proposed use will have no significant adverse effect on existing uses or permitted uses;

(iv) That the uses for which the utility extension agreement is sought will not, under the circumstance of the particular case, be detrimental to the public welfare or injurious to the environment, nor shall the use be inconsistent with or injurious to the character of the neighborhood or contrary to its orderly development.

(j) Termination upon Noncompliance. In addition to all other remedies available to the city for the owner’s noncompliance with the terms of the utility extension agreement, the city shall have the ability to disconnect the utility, and for that purpose may at any time enter upon the property.

(4) Extension of Sewer System Beyond Urban Growth Area. Applications for extension of the city’s sewer system outside the city’s UGA may be approved by the city council in accordance with the provisions of subsection (4)(a) or (b) of this section.

(a) Extensions for Public Health, Safety or Environmental Reasons. The Growth Management Act, Chapter 36.70A RCW, allows cities to provide sewer services in rural areas in those limited circumstances shown to be necessary to protect basic public health, safety and the environment, and when such services are financially supportable at rural densities and do not permit urban development. Applications for sewer service for public health, safety or environmental reasons within GMA-designated rural areas may be approved by the city council under the following circumstances:

(i) The expansion or extension is necessary to protect basic public health, safety and the environment;

(ii) The expansion or extension is financially supportable at rural densities;

(iii) The expansion or extension does not permit urban development;

(iv) The sewer service recipient is prohibited from allowing the extension of sewer collection facilities beyond the health hazard area into rural areas subject to the UGA;

(v) The city’s NPDES permit will not be affected by the extension or expansion; and

(vi) The extension or expansion is consistent with the goals of the city’s general sewer plan and all applicable laws.

The city council may impose conditions on its approval of any extension or expansion under this subsection, including but not limited to restricting the hours that the city will accept sewage flow from the applicant, restricting the amount of sewage flow accepted from the applicant, and requiring the applicant to maintain and operate its own facilities. The city and the applicant shall enter into an inter-governmental agreement or utility extension agreement setting forth the rates and charges for such extra-territorial sewer service and the terms and conditions of such service necessary to meet the requirements of this subsection. If the city council approves such an agreement, it shall concurrently approve expansion of the city’s sewer service area to include service to such property as restricted and conditioned under this subsection.

(b) Extensions to Serve Federal Lands Not Subject to GMA. The city council may approve an application by an agency of the federal government or a federally acknowledged Indian Tribe for the extension of sewer service to land that is owned or held in trust by the federal government and that abuts the city’s municipal boundary or UGA boundary. The city council may impose conditions on its approval of any extension or expansion under this subsection, including but not limited to restricting the hours that the city will accept sewage flow from the applicant, restricting the amount of sewage flow accepted from the applicant, imposing a reasonable cap on the amount of treatment capacity allocated to the applicant, and requiring the applicant to maintain and operate its own facilities. The city and the applicant shall enter into an inter-governmental agreement, development agreement, or utility extension agreement setting forth the terms and conditions of such extra-territorial sewer service, including the rates, fees, and charges for sewer service and reservation of system capacity. Such an agreement shall provide for amendment to increase the amount of allocated treatment capacity based upon the applicant’s payment for future expansion of the city’s wastewater treatment plant. Such an agreement shall prohibit connections to the city sewer system on any other land subject to the GMA and designated as “rural” under the GMA. The city council may require an enforceable guarantee that only federal property or trust land will be allowed access to the city’s sewer system. The city council may limit the provision of sewer service to such federal property or lands to a specific development plan or to a specific site. Upon the extension of the city’s sewer system in accordance with such an agreement, the city council will approve expansion of the city’s sewer service area to include service to such property as restricted and conditioned under this subsection. [Ord. 2013-11 § 4 (Exh. A), 2013.]