Chapter 15.04
GENERAL PROVISIONS
Sections:
15.04.040 Wastewater system ownership and responsibility.
15.04.060 Adoption of city standards.
15.04.070 Variances and deviations.
15.04.010 Purpose.
(1) This chapter is enacted as an exercise of the city’s police power as set forth in Section 11 of the Washington Constitution to protect and preserve the public health, safety, and welfare of the citizens of Longview and as authorized by Chapters 35.67 and 35.92 RCW, and RCW 35A.21.150.
(2) The purpose of this chapter is to provide for the planning, security, design, construction, use, maintenance, repair, and inspection of both public and private sanitary wastewater systems within the utility service area and to establish programs and regulations to provide for appropriate use of such public and private wastewater systems. (Ord. 3533 § 1, 2024).
15.04.020 Utility created.
(1) There is hereby created and established the sewer utility of the city of Longview under which the provisions of this chapter shall be carried out.
(2) The public works director shall be the administrator for the wastewater system. As administrator, the director is authorized to administer, implement, and enforce the provisions of this chapter and to promulgate rules and procedures that are consistent with and implement this chapter except as provided in this section. The director may designate individuals to assist in administering this chapter.
(a) Decisions of the Director.
(i) Any person aggrieved by a decision of the director may file a written petition with the city manager for a review of the director’s decision. The appeal shall include a complete statement of the reason or reasons that form the basis of the appeal.
(ii) The city manager may affirm or reverse the decision of the director, and any order, requirement, decision, or determination.
(iii) Decisions of the city manager may be appealable to the hearing examiner of the city within 10 days thereafter, which appeal shall be upon written notice to the hearing examiner, and which appeal shall be considered within 10 days after receipt thereof by the city. The appeal shall include a complete statement of the reason or reasons that form the basis of the appeal. The decision of the hearing examiner shall be final, binding, and conclusive.
(3) The director of finance shall be responsible for billing of utilities services and the administration and enforcement of utility accounts as provided in LMC 2.33.010. (Ord. 3533 § 1, 2024).
15.04.030 General intent.
It is the express intent of the city council that the sewer utility shall be a self-supporting utility operated without drawing upon the general funds of the city. It is the aim of the council by this article to provide that:
(1) The total annual revenue of the sewer utility shall be such as to provide the necessary funds to ensure success of the principle of self-support;
(2) The cost of installation of that portion of the utility which specially benefits the real property in the area served shall be assessed against such property on a proportionate basis;
(3) The cost of installation of that portion of the utility which does not specially benefit the real property in the area served but which benefits the community as a whole shall be borne by the revenues of the utility;
(4) The cost of installation and expansion of the capital improvements of the utility, such as treatment plants, pumping stations on trunks, pressurized trunks, and similar items, other than trunk sewers as hereinafter provided, shall be borne by the revenues of the utility;
(5) The total annual revenues of the utility shall be contributed by users for whose use, need and benefit the facilities of the utility are provided approximately in proportion to the cost of providing the use and benefits of said utility. (Ord. 3533 § 1, 2024).
15.04.040 Wastewater system ownership and responsibility.
(1) The city shall own all currently existing wastewater facilities in the public rights-of-way and in easements previously dedicated to the public and accepted by the city, except to the extent that private ownership is otherwise indicated as a matter of record. Such facilities typically include mains, pump or lift stations, and side sewer stubs.
(2) Once wastewater facilities have been constructed, approved, and accepted by the city, the city shall be responsible for the maintenance, operation, repair, and replacement of the facilities and those portions of private side sewers located within the public rights-of-way but serving private property unless otherwise provided by agreement, local ordinance, or state law.
(3) Private Ownership of Side Sewers – In Improved Roadways, Alleyways, Easements, and Utility Corridors (See Figure A Below). Side sewers located on private property are exclusively owned by the underlying property owner(s), unless otherwise assigned or dedicated by easement to and accepted by the city, except to the extent that public ownership is otherwise indicated as a matter of record.
(a) Routine maintenance – property owner is responsible for the building sewer from the building drain to the public sewer.
(b) Repair or replacement – property owner is responsible for the building sewer from the building drain to the public right-of-way line. The city is responsible for the building sewer from the right-of-way line to the public sewer.
(4) Private Ownership of Side Sewers – In Unimproved Roadways, Alleyways, Easements, and Utility Corridors (See Figure B Below). Side sewers located on private property are exclusively owned by the underlying property owner(s), unless otherwise assigned or dedicated by easement to and accepted by the city, except to the extent that public ownership is otherwise indicated as a matter of record.
(a) Routine maintenance – property owner is responsible for the building sewer from the building drain to the public sewer.
(b) Repair or replacement – property owner is responsible for the building sewer from the building drain to the public sewer.
(5) The city may accept existing private wastewater facilities, provided:
(a) City ownership of the facility would provide a public benefit;
(b) Necessary and appropriate property rights are offered by the property owner at no cost to the city;
(c) The facility substantially meets current standards, as determined by the city, or is brought up to current standards by the owner prior to acceptance;
(d) The city has adequate resources to maintain the facility; and
(e) The facility is transferred to the city by bill of sale at no cost to the city.
Figure A – Responsibilities in Improved Rights-of-Way
Figure B – Responsibilities in Unimproved Rights-of-Way
(Ord. 3533 § 1, 2024).
15.04.050 General sewer plan.
(1) The city shall prepare and maintain a comprehensive master plan for the system of sewers and adopt such plan by ordinance.
(2) The plan shall conform to all laws and regulations applicable to wastewater systems, including but not limited to Chapter 35.67 RCW and Chapter 173-240 WAC.
(3) Amendments to the plan, as necessary to ensure compliance with applicable law and the needs of the city, shall be processed as necessary. (Ord. 3533 § 1, 2024).
15.04.060 Adoption of city standards.
The City of Longview Engineering Special Provisions and Standard Drawings shall be utilized for the processes, design and construction criteria, inspection requirements, standard plans, and technical standards related to the development of the wastewater system. (Ord. 3533 § 1, 2024).
15.04.070 Variances and deviations.
(1) The director may grant a variance from the provisions of this chapter subject to the process and criteria set forth in LMC 12.50.020.
(2) The director may authorize deviations to the applicable requirements of the Engineering Special Provisions and Standard Drawings subject to the process and criteria set forth in LMC 12.50.020. (Ord. 3533 § 1, 2024).