Chapter 9.10
SEWER SERVICE CHARGES
Sections:
9.10.010 Rates for sewage disposal service.
9.10.020 Rates for specific classes of users.
9.10.050 Exempt water consumption.
9.10.060 Billing – Charges due.
9.10.070 Billings – To whom mailed.
9.10.090 Automatic bank transfers.
9.10.100 Merchant services convenience fee.
9.10.110 Commercial account incentive program.
9.10.120 Low income contribution program.
9.10.130 Rate reduction program.
9.10.140 Nonsufficient funds fee.
9.10.150 Illegal sewer connection rate.
9.10.155 Pretreatment fine schedule.
9.10.157 Annual pretreatment fee and administrative penalty schedule.
9.10.160 Delinquent charges – Lien foreclosure.
9.10.010 Rates for sewage disposal service.
The rates and charges for furnishing sewage disposal service to whom such service is available, namely, property required to be connected to public sewers pursuant to resolutions, rules and regulations of the District, whether or not actual connection to the public sewers of the District has been made, are hereby fixed and shall be paid as set forth in this chapter. [Res. 57 § 1, 1968.]
9.10.020 Rates for specific classes of users.
Commencing June 1, 2022, the District’s standard customer sewer service rate shall be increased by $13.00 per equivalent residential unit (“ERU”) per month to $99.00. The effective monthly sewer service rate schedule shall be as specified on Appendix A attached hereto commencing effective June 1, 2022.
|
Class |
Monthly Rate |
|---|---|
|
Single-Family Residence |
$99.00 |
|
Duplex, Triplex, Condominium, Accessory Dwelling Unit (ADU), or other Multiple Dwelling within the same tax parcel |
$99.00 for each unit |
|
Trailer or Mobile Home Court, Park or Development |
$99.00 for each lot, pad or space determined to be occupied by a trailer or mobile home on the first day of a given month; or for which a sewer permit application has been made |
|
Commercial Properties, Hotel/Motel, Schools and Mixed Use Residential |
Base sewer service charge up to 600 cubic feet of water consumption (one ERU) and portion thereof the base sewer service charge per cubic foot of water consumption over 600 cubic feet |
[Res. 1044 § 1, 2023; Res. 1025 § 1, 2022; Res. 980 § 1, 2020; Res. 921 § 1 (App. A), 2016; Res. 906 § 1 (App. A), 2015; Res. 894 § 1 (App. A), 2014; Res. 836 § 1 (Exh. A), 2010; Res. 816 § 1 (Exh. A), 2008; Res. 794 § 1 (Exh. A), 2007; Res. 735 § 1 (Exh. A), 2005; Res. 710 § 1 (Exh. A), 2002; Res. 667 § 1, 1999; Res. 654 § 1, 1999; Res. 609 § 1, 1996.]
9.10.030 Sewage from City of Lake Stevens.
Repealed by Res. 1063. [Res. 700, 2002.]
9.10.040 Nonclassified uses.
The District General Manager is permitted to enter into any agreement on behalf of the District regarding the monthly charge for any structures and uses not classified in LSSDC 9.10.020. [Res. 1063 § 1(b), 2024.]
9.10.050 Exempt water consumption.
For all rates based on water consumption, the District may allow a reasonable credit, such reasonableness determined by the District General Manager, for water used but not entering the sewage system, if such water is separately metered. [Res. 1063 § 1(c), 2024.]
9.10.060 Billing – Charges due.
Billing shall be made on a monthly basis for each user. Sewer charges shall be mailed no later than the seventh day of the month for which charges are made, such billing to cover the charges for the current month. Sewer charges shall be due and payable on the twenty-fifth day of the month in which the billing is rendered.
For buildings or residences constructed after issuance of a sewer permit, the District shall begin billing the applicable sewer service charge in the third month after issuance of a sewer permit, or the month in which the District verifies connection, whichever event comes first. [Res. 1056 § 1 (Exh. A), 2023; Res. 530 § 1, 1991; Res. 493 § 1, 1986; Res. 66, 1968; Res. 62 § 7.01, 1968.]
9.10.070 Billings – To whom mailed.
Billings may be mailed either to the occupant or the owner of the property on which the structure so served is located so far as the District may reasonably ascertain the same. Failure to receive such bills shall not relieve any person liable therefor from the obligation to pay the same, nor the property receiving such service, or capable of receiving such service, from such lien therefor as may thereafter attach to the property in the manner provided by law. [Res. 62 § 7.03, 1968.]
9.10.080 Duplicate billing.
(1) The District shall send all bills and delinquency or other notices to the property address for which sewer services are provided (the “service address”). Any notice identified in this section required to be sent to the service address shall be delivered by one or more of the following methods:
(a) By first class mail to the service address and duplicate billing address, if duplicate billing has been formally requested;
(b) Via Xpress Bill Pay or some similar services authorized by the District;
(c) Via email to the owner of the service address, if the owner so requests and the District so agrees on a case-by-case basis; and/or
(d) By any other means as authorized by the District.
(2) If the owner of the property for which sewer services are provided does not receive mail at the service address for any reason, the District may, in its own discretion, send duplicate bills and notices by mail to the owner at a different address, in addition to the service address.
(3) If an owner or the owner’s designee notifies the District in writing that a property served by the District is a rental property, asks to be notified of a tenant’s delinquency, and has provided, in writing, a complete and accurate mailing address, the District shall provide duplicate bills and notices by mail to that address, in addition to the service address.
(4) Whether the District provides the duplicate bills or notices in its own discretion or pursuant to request of the owner or owner’s designee, the District shall charge an additional administrative fee of $1.00 on each monthly statement. The administrative fee shall be calculated as shown in Exhibit “A” attached to the resolution codified in this section and may be revised from time to time to reflect the District’s costs related to the duplicate billing procedures. The District shall also charge a setup fee of $35.00 to each account starting or modifying duplicate billing. [Res. 1015 §§ 1 – 4, 2021.]
9.10.090 Automatic bank transfers.
District staff shall implement a process for automatic bank transfers (ACH) to allow customers of the District the option of paying monthly sewerage bills through the ACH account method. Nothing in this section shall require any customer of the District to use the ACH account method, unless the customer so desires. [Res. 693, 2001.]
9.10.100 Merchant services convenience fee.
A convenience fee of three percent shall be charged on all credit and debit card payments made to the District (i.e., merchant services).
Authority is delegated to the District General Manager to increase the convenience fee percentage when the cost to the District is increased by the merchant vendor. The convenience fee shall be updated as needed and made available to customers upon request. [Res. 1048, 2023.]
9.10.110 Commercial account incentive program.
(1) Commercial Account Incentive.
(a) The District shall establish an incentive of $50.00 in the form of a one-time discount on a future sewer service bill for the completion and return of the customer authorization to release information form, which will authorize Snohomish County PUD to release water usage data to the District.
(b) The incentive shall be effective March 14, 2024, and be offered until August 31, 2024.
(c) District staff shall not approve more than one incentive per commercial account.
(d) Should a customer revoke their consent within one year, the incentive shall be repaid to the District.
(2) Commercial Account Fee.
(a) The District shall charge an additional administrative fee of $5.00 on each monthly statement for commercial accounts that have not completed and returned the customer authorization to release information form, which authorizes Snohomish County PUD to release water usage data to the District. The fee represents a low approximation of the cost of District staff time and fees to physically collect water meter data.
(b) The commercial account administrative fee shall be effective September 1, 2024. [Res. 1059 §§ 1, 2, 2024.]
9.10.120 Low income contribution program.
(1) The District shall enter into a memorandum of understanding with the Lake Stevens Assembly of God, a qualified charitable organization under RCW 57.46.010, for the purposes of administering a voluntary low income contribution plan to assist qualified low income residential customers of the District in paying their sewer bills.
(2) Disbursement of contributions and quarterly reporting on the low income contribution program shall be required under the memorandum of understanding, pursuant to RCW 57.46.020. Contributions received under this program shall not be considered commingling of funds. [Res. 935 §§ 1, 2, 2017; Res. 820 §§ 1, 2, 2009.]
9.10.130 Rate reduction program.
(1) Definitions. For the purposes of implementing sewer rate reductions under the provisions of this section, the following words shall have the following definitions:
(a) “Residence,” “principal place of residence,” “total disposable income,” “combined disposable income,” and other such undefined terms used in this section shall be given those meanings established by RCW 84.36.383 as the same exists or is hereafter amended.
(b) “Senior citizen” means a person who is 62 years or older.
(c) “Disabled citizen” means a person who qualifies for special parking privileges under RCW 46.19.010, or a blind person as defined in RCW 74.18.020(4), or a person who qualifies for supplemental Social Security benefits due to a disability.
(d) “Low-income citizen” is defined as follows:
(i) Every single person whose combined disposable income is less than the qualifying amount set forth as “income threshold 1” in RCW 84.36.383(7)(b), as it now exists or is hereafter amended.
(ii) Every married couple, constituting a marital community, and whose combined disposable income is less than the qualifying amount set forth as “income threshold 2” in RCW 84.36.383(8)(b), as it now exists or is hereafter amended.
(2) Rate Reduction.
(a) Sewer rate reduction shall be applied to the residential monthly utility bills of qualified low-income senior citizens and low-income disabled citizens, in accordance with the terms of this section.
(b) The sewer rate reduction shall be 25 percent reduction in the individual’s monthly billing. This rate may be changed by the Board of Commissioners at any time by resolution.
(c) No rate reduction shall be afforded to any person shown as a dependent on the income tax return of any other individual, whether or not such person resides at the location for which the rate reduction is sought, unless the total combined income of the applicant, along with their spouse, cotenant and all family members shown on the income tax return in which the applicant is shown as a dependent, meets the standards established by this section.
(d) No rate reduction shall be afforded to any person that is not the owner of the tax parcel for which the reduction is being sought.
(e) No more than one property for any individual shall be afforded a sewer rate reduction.
(f) No rate reduction shall be afforded to any person for an account that is not the principal place of residence.
(3) Application for Reduced Rate.
(a) The District’s General Manager or his/her designee is authorized to establish an application for low-income senior and low-income disabled reduced rate.
(b) Applications for sewer reduced rates under this section shall be obtained from and filed with the District at no cost, and shall contain information necessary to evaluate the applicant’s qualification for reduced rates. In order to verify income, the applicant shall provide income tax returns, Social Security statements or other financial information as required by the District.
(c) Submission of an application for a sewer discount shall constitute verification by the applicant that all information provided in such application is true and correct to the best of the applicant’s knowledge.
(d) Once the application is approved, the reduced rates shall become effective on the next billing cycle following 30 days after approval of the application. Reduced rates shall not apply retroactively.
(e) Each application shall be effective for 12 months commencing the first month the reduced rate becomes effective for the applicant. It shall be the sole responsibility of the applicant to reapply for successive 12 monthly periods of eligibility for reduced sewer rates.
(f) It shall be the duty and responsibility of the person receiving a reduced rate to report any changes in their financial status or disability status that would affect their ineligibility for the reduced rates.
(g) Any individual willfully providing false information to the District in an application for reduced sewer rates shall forfeit the low-income senior or disabled citizen eligibility for rate reductions in sewer rates and shall be guilty of a criminal offense of making a false statement, and/or any other applicable criminal offense. Additionally, the low-income senior or disabled citizen making such a false statement to obtain benefits under this chapter shall be required to repay the amount of any utility discount received based upon such false information, together with interest at the rate of the District bank’s prime lending rate plus four percentage points per annum until repaid in full. [Res. 1026 §§ 1 – 3, 2022; Res. 821 §§ 1, 2, 2009.]
9.10.140 Nonsufficient funds fee.
The fee charged for all returned payments shall be $30.00. [Res. 905 § 1, 2015.]
9.10.150 Illegal sewer connection rate.
(1) A property owner shall be found to have violated provisions of the Lake Stevens Sewer District Administrative Code if a property owner or a previous owner of a property has connected or disconnected their property or another property from the District’s collection system and/or has modified or otherwise changed the alignment of an existing connection without authorization, approval, permit and/or inspection and shall be subject to an administrative penalty of $1,000 upon discovery and shall accrue $100.00 per day for each subsequent day of violation.
(2) A violation under this section shall be deemed remedied only after the property owner or the owner’s representative has applied for and been issued the appropriate permit or permits from the District and/or any other regulatory agency having jurisdiction, has uncovered the unauthorized connection, disconnection and/or modification for inspection, made any repairs required to bring the work into compliance with District code, has paid any connection and/or permit fees and paid the balance of any outstanding penalties assessed while in violation.
(3) In addition to the aforementioned administrative penalties, permit fees and connection fees, in cases in which an unauthorized, unpermitted and/or uninspected connection is discovered, the District has the right to recover the maximum amount of unpaid rates and charges for sewer service allowed by law. If the owner of the property found to have made an unauthorized connection can provide the District evidence of the connection having been made more recently than six years, the District shall only collect charges from the date provided as evidence; however, if no evidence is produced, it shall be assumed that the connection has existed for six years or longer.
(4) If, after 30 days, the violating property owner has not made progress toward remedying the violation to the District’s satisfaction, any unpaid penalty assessments, connection fees, rates, and permit charges related to said violation shall be recorded as a lien against the property of the owner who has violated this code and shall be assessed interest not to exceed the maximum allowed under RCW 57.08.081. The District shall have the right to bring suit in foreclosure by civil action in the Snohomish County Superior Court after 60 days of the placement of the lien and may be entitled to recover legal and administrative costs.
(5) If the property owner receiving the violation wishes to appeal the violation and or the administrative penalties associated with such violation, a written request for appeal shall be submitted to the District’s General Manager no later than 10 business days after receiving notice of the violation. The request for appeal should contain any documentation the property owner wants to be considered as part of the appeal or any other mitigating information that the property owner believes should be considered. The General Manager shall complete the review of the request within 10 business days of receiving the request. Administrative penalties shall be suspended for the duration of the appeal consideration. At the conclusion of the review, the General Manager shall have the sole discretion to sustain or dismiss the violation, adjust and/or eliminate the administrative penalties or impose the administrative penalties as described in the code. If the appeal is not granted or the property owner believes that the relevant information was not considered during the General Manager’s review, the property owner can provide a written request for the appeal to be considered by the Board of Sewer Commissioners within 10 days following the General Manager’s findings. The Board of Sewer Commissioners shall have 10 days to review and consider the request for appeal. Any decision or opinion rendered by the Board of Sewer Commissioners shall be final. [Res. 1005 §§ 1 – 5, 2021.]
9.10.155 Pretreatment fine schedule.
(1) Discharges to the Lake Stevens Sewer District’s system of sewerage containing solid or viscous pollutants in amounts that could cause obstruction to the flow in sewers, petroleum oil, nonbiodegradable cutting oil, sand, mercury/amalgam waste, or products of mineral origin, which interfere with operation of the publicly owned treatment works (POTW), or discharges in amounts that will cause interference or pass-through at the POTW, will be charged a rate of $1,000 upon discovery of the discharge, together with $100.00 per day for each subsequent day of violation.
(2) Any unpaid amounts for rates charged to excessive FOG, sand/oil, or mercury/dental amalgam discharge shall accrue and may be recorded as a lien against the property which is illegally discharging said substances.
(3) In order to be removed from the class of customers subject to the pretreatment fine schedule, a property owner or the owner’s representative must utilize all known and reasonable methods to prevent regulated pollutants from entering into the sewer system, pay all accrued rate charges, all required fees, and receive all necessary inspections, reviews, and approvals from the District. Specifically, and without limitation, the District may require inspection of the sewerage improvements, with the costs of such inspection borne by the owner of the property discharging regulated pollutants into their sewerage service. [Res. 964 (Exh. A), 2019; Res. 941 (App. A), 2018.]
9.10.157 Annual pretreatment fee and administrative penalty schedule.
The Board of Commissioners of the Lake Stevens Sewer District hereby authorizes the General Manager and/or her/his designee to enforce the pretreatment regulations, attached to the ordinance codified in this section as Exhibit A, and hereby adopts an annual fee and administrative penalty schedule as follows:
|
Annual Pretreatment Fee Schedule |
||
|---|---|---|
|
Tier No. 1 |
1 – 9,000 cubic feet of annual water consumption |
$150 |
|
Tier No. 2 |
9,001 – 18,000 cubic feet of annual water consumption |
$325 |
|
Tier No. 3 |
Over 18,001 cubic feet of annual water consumption |
$500 |
In the absence of a previous calendar year’s annual water consumption, the user will be charged at Tier No. 3 for the first assessment period.
For multi-tenant commercial buildings serviced by one water meter, the previous calendar year’s annual water consumption will be equally divided by the number of tenants that fall under the scope of the pretreatment regulations.
|
Administrative Penalty Schedule |
|
|---|---|
|
Reinspection 7 days following deficiency notice |
$100 |
|
Reinspection 14 days following deficiency notice |
$100 |
|
Deficiency not remedied 15 days following deficiency notice |
$100 per day up to 45 days |
|
46 days noncompliance following deficiency notice |
$1,000 + $100 per day up to 90 days |
|
91 days noncompliance following deficiency notice |
$1,000 + $100 per day up to 180 days |
Following 181 days of noncompliance following a deficiency notice, the District may, at the owner’s expense, effectuate any repair or maintenance required to bring the owner’s pretreatment system into compliance. The District shall also recover any legal, engineering, and permitting expenses incurred through execution of this work. The owners shall also be liable for any damages to the publicly owned treatment works or additional maintenance expenses incurred by the District related to the owner’s noncompliance with these regulations. [Res. 997 (Exh. A), 2021.]
9.10.160 Delinquent charges – Lien foreclosure.
The Lake Stevens Sewer District’s collection, lien filing, and lien foreclosure policies and procedures are as follows:
(1) Every month the Lake Stevens Sewer District (“the District”) will generate a report showing accounts two months past due. For all accounts two months past due, a lien warning notice will be sent. The lien warning notice must, at a minimum, include the following information:
(a) The past due amount must be paid in full by the twenty-fifth day of the month during which this lien warning notice was sent;
(b) If the account is not paid in full by the twenty-fifth day of that month, a lien will be recorded the following month;
(c) Lien recording and processing costs and additional accrued delinquent rates, charges, penalties, interest, and/or expenses will be added to the account balance if not timely paid; and
(d) If the account is not paid in full, that foreclosure of the lien may commence in as few as four months following the month the lien warning notice was sent.
The notice will be sent by the District in accordance with subsection (10) of this section.
(2) The District will produce a report every month stating all accounts that were not paid in full by the deadline provided in subsection (1)(a) of this section, i.e., those accounts are three months past due. A lien may be recorded against the service address of any account included in the report. The Board of Commissioners will approve the report each month and may authorize and require the District to record a lien against the service address for any or all of the reported accounts.
(3) The District will generate a monthly report indicating all accounts that are four months past due. The District will send a notice of intent to sue and foreclose to the service addresses with accounts four months past due. The notice of intent to sue and foreclose must, at a minimum, include the following information:
(a) All amounts accruing under the account are due;
(b) The lien will be released if full payment is received by the twenty-fifth of the month the notice is sent;
(c) Foreclosure procedures may be initiated if the delinquent account balance is not paid in full by the twenty-fifth day of the month the notice was sent; and
(d) In any foreclosure of the lien, the District will seek to recover expenses, attorney’s fees, and costs related to the foreclosure process, including, without limitation, accrued delinquent rates, charges, penalties, interest, expenses, attorney’s fees, and costs.
The notice must be sent by the District in accordance with subsection (10) of this section.
(4) The District may send an urgent notice of pending foreclosure to any lender of any mortgage, deed of trust, or other security that is recorded against a service address that has an account that is delinquent for at least five months. The notice will be sent by the District in accordance with subsection (10) of this section.
(5) The District will produce a report of every account that has been delinquent for at least five months. Any or all such delinquent accounts may be referred by the District to the District’s attorneys to commence a lawsuit to foreclose the lien, after approval by the Board of Commissioners. The lawsuit to foreclose the lien will also collect all delinquent amounts, including, without limitation, all recoverable rates, charges, penalties, interest, expenses, attorney’s fees, and costs.
(6) The District will produce a report of every delinquent, liened account that is paid in full and thereby due to have its lien released. The Board of Commissioners will approve the report each month and may authorize and require the District to release its liens against accounts paid in full by filing a release of lien with the County Auditor.
(7) An account is considered delinquent when it is not paid in full by the due date given by the District.
(8) Interest will accrue on delinquent amounts at a rate of not more than the prime lending rate of the District’s bank, plus four percentage points per year, determined annually.
(9) A penalty of 10 percent will be added to any delinquent rates and charges.
(10) All notices set forth in this section must be sent by the District to the address or addresses for which sewer services are provided (the “service address”). Any notice identified in this section required to be sent to the service address shall be delivered to the service address by one or more of the following methods:
(a) By first class mail to the service address (and if applicable as established by LSSDC 9.10.080, the duplicate billing address);
(b) Via Xpress Bill Pay or some similar service as authorized by the District;
(c) Via email to the owner of the service address, if the owner so requests and the District so agrees on a case-by-case basis; and/or
(d) By any other means as authorized by the District. [Res. 1016 § 1, 2021.]