Chapter 12.08
Sewer Service Regulations
Sections:
12.08.010 Definition of terms.
12.08.020 Use of municipal sewer.
12.08.030 Connection of nonassessed property.
12.08.050 Application for sewer service--Eligibility.
12.08.060 Application for sewer service--Terms.
12.08.070 Application for sewer service--Charge in lieu of assessment.
12.08.080 Application for sewer service--Other terms.
12.08.090 Application for sewer service--Developer agreement.
12.08.100 Obtaining side sewer permits.
12.08.110 Sewer service charges.
12.08.130 Side sewer construction.
12.08.140 Forbidden activities--Illegal connections.
12.08.150 Forbidden activities--Tampering with system.
12.08.160 Forbidden activities--Prohibited uses.
12.08.170 Operational authority.
12.08.010 Definition of terms.
As used in this chapter, the following words shall have the meanings provided in this section:
(1) "B.O.D." (denoting biochemical oxygen demand) means the quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory procedure in five days at twenty degrees centigrade, expressed in milligrams per liter; provided that, in the event an alternative definition is utilized by or within the terms of a permit issued by a governmental agency which is required to operate the treatment system, then such definition shall be deemed incorporation by reference.
(2) "City of Montesano department of public works" or "public works" means the sewer function of the city of Montesano and the rules, regulations, boundaries, etc., relating to such sewer function.
(3) "Cover" means the depth of earth material lying between the top of the sewer and the finished grade immediately above it.
(4) "Director," when utilized within this chapter, refers to the director of public works or his or her designee.
(5) "Downspout" means the leader, whether pipe, chain or otherwise, above ground which is installed to conduct water from the roof gutter.
(6) "Drain" means any type of conduction of waste or surplus liquids.
(7) "Garbage" means solid waste from the preparation, cooking and dispensing of food from handling, sale and storing of produce.
(8) "Health officer" means the official responsible for the public health or his authorized representative.
(9) "House drain" or "building drain" means the pipe used for conveying sewage from the building to a point two and one-half feet outside the foundation wall, and if there be no foundation wall, to a point two and one-half feet beyond the outer line of any footing, piling, building support or porch under which it may run; whether such drain consists of one line extending from the building or of two or more such lines.
(10) "Industrial waste" means the wastes from an industrial process as distinguished from sanitary sewage.
(11) "Licensed side sewer contractor" means any contractor licensed by the state of Washington who is duly registered as a "specialty contractor" or a "general contractor," and as such is licensed to construct, install, repair, reconstruct, excavate or connect any building sewer to the public sewers of the city. No contractor shall commence sewer work within the corporate limits of the city until proof has been submitted to the director of public works of the possession of such licenses.
(12) "Maintenance manager" or "department of public works" means the agency or department of the city having responsibility for the operation of the sewer function of the city which shall have the authority to issues rules, regulations and other guidelines relating to such function. The director of such department shall have the authority to issue rules, regulations and other guidelines relating to the sewer and water utility of the city.
(13) "Occupant" means any person or owner in physical possession of the building or structure to which sewer service is available.
(14) "pH" means the logarithm of the reciprocal of the weight of hydrogen ions in grams per liter of solution.
(15) "Person" or "owner" means any individual, firm, company, association, society, corporation or group.
(16) "Public place" or "public area" means any space dedicated to or acquired for the use of the general public or utilized with the permission of the owner or occupant on a continuing basis by the general public.
(17) "Sanitary sewage" means the combination of the water-carried wastes from residences, business buildings, institutions and industrial establishments, which wastes contain polluted matter subject to treatment at the sewage treatment plant, i.e., sanitary sewage.
(18) "Sewer" means a pipe or conduit for carrying sewage.
(19) "Shall, May." For purposes of this chapter, "shall" is deemed to be mandatory and "may" permissive, unless the circumstances of the utilization thereof mandate otherwise.
(20) "Side sewers" or "stub" means that sewer extension from the building drain to the public sewer or other place of disposal, including but not limited to the STEP tank serving the particular building, beginning at a point two and one-half feet outside the foundation wall.
(21) "Site plot" or "site map" means a map of the side sewer location retained by the city in conjunction with any permit and the site plot or site map shall serve as a record of all matters pertaining to such permit.
(22) "Slug" means any discharge of water, sewage or industrial waste which in concentration of any given constituent or in quantity of flow exceeds for any period of duration longer than fifteen minutes more than five times the average twenty-four hour concentration or flows during normal operation.
(23) "Standard participation contract" means the form of contract required by this chapter to be entered into before properties which have not been assessed for sewers or do not otherwise qualify may therefore use the public sewers of the city.
(24) "Suspended solids" means solids that either float on the surface of or are in suspension in water, sewage or other liquids, and which are removable by filtering. (Ord. 1325 §1, 1992).
12.08.020 Use of municipal sewer.
(a) It is unlawful for any person to place, deposit or permit to be deposited by any person or nonnatural means in any manner upon city or private property within the city of Montesano sewer boundaries, or in any area under the jurisdiction of the city, any human or animal excrement, garbage or other objectionable waste.
(b) Except as hereinafter provided, it is unlawful to construct or maintain any privy, privy vault, cesspool or other facilities intended or used for the disposal of sewage or install or use any septic tank where the city's sewers are available for service, unless that disposal system is connected to the city sewer system. For purposes of this chapter:
(1) The term disposal system shall include, but not be limited to a STEP tank;
(2) The sewer shall be deemed available when the premises are within two hundred feet of the municipal collection system. Such distance shall be calculated by measuring from the lot line closest to the existing portion of the municipal collection system. In such event and circumstances wherein a premises is not connected to the system, it shall connect within the lesser of two years from January 1, 1990, or when its on-site system requires repair or replacement. For purposes of this chapter, the term "disposal system" includes but is not limited to a STEP tank. No existing property currently served by a properly operating disposal system, including but not limited to septic, but which is not connected to the city sewer system shall not be required to connect until the on-site system requires repair or replacement.
(c) The owner(s) of any premises within the city shall connect to the city's sewer system if the property and any building thereon is within the boundaries of the city's municipal sewer service area and in all cases in which the Grays Harbor County health department or such other agency or entity which may carry out the responsibilities currently carried out by the district for the city has determined that the public health and safety requires a connection, such connections shall be made at the sole expense of the owner within thirty days after notification by the city that service is available. In general, all property shall be deemed capable of being served by sewer lines of the city, even if it requires installation of privately owned and operated sewage pumps. This requirement shall exist as to any new buildings constructed within the city on and after the effective date of the ordinance codified in this chapter, subject to the limitations specified in subsection (a) of this section. This same requirement shall exist to the extent that it may be lawfully enforced as to areas served by the city's sewer utility outside of the then existing corporate limits of the city.
(d) In the absence of prior written approval by the director of public works, no more than one structure, whether residential, commercial or industrial, shall be connected to the septic tank or STEP system installation serving the property.
(e) In the event that property is not timely connected to the side sewer and connection to the public sewer, notices shall be given as provided by law to the necessary parties. In the event of failure to connect within the time period thereafter established, the director of public works shall cause the property to be connected to the system and to notify the clerk-controller of the total cost thereof. A statement of total cost to be filed with the auditor of Grays Harbor County, as well as the treasurer of Grays Harbor County, and such amount, together with interest at the rate as may from time-to-time be established for judgments on the total amount of the costs, shall be assessed against the property and shall become a lien thereon. Such lien shall be collected in any manner allowed by law.
(f) Any building hereafter constructed or made available for human occupation and use upon a lot or parcel or real estate capable of being served as defined in subsections (a) and (c) of this section shall, within thirty days after an application for a side sewer permit has been made, or prior to occupancy of such premises, whichever event first occurs, be connected to the sewer system of the city. (Ord. 1325 §2(2.01--2.06), 1992).
12.08.030 Connection of nonassessed property.
The owners of property within the city which has not been assessed for sewers by the city may, if the city consents, connect to the public sewer system of the city and obtain sewage disposal service by entering into an assessment agreement provided for by Section 12.08.050 of this chapter. Properties outside the city boundaries of the sewer function shall not be permitted to connect at any time unless (1) the property is included within the boundaries of the area to be served by the city's sewer system, and (2) either the property is annexed to the city or the owners thereof enter into a binding agreement that the property shall be annexed to the city at such time as the city may request. (Ord. 1325 §2(2.07), 1992).
12.08.040 Side sewer permit.
(a) It is unlawful for any person to make any connection with any city or side sewer therein without complying with all of the provisions of this chapter and having first procured a permit to do so from the city.
(b) Applications for the connection permit shall be obtained from the office of the clerk-controller and shall be filed thereon. The application shall be on such form as may be from time-to-time established by the clerk-controller and shall require such information as from time-to-time may be established by the clerk-controller, including but not limited to the name and address of the owner or owners, the correct address and proper legal description of the property to be served, the anticipated use of the property to be served and the name, address and contractor's number of the contractor who or which will be doing the work. The public works director or his or her designee may meet with the owners of the property or their representatives to approve the proposed location of the collection tank and manner of connection. The application will then be submitted to the city along with such fee as may from time-totime be established for final consideration. The permit shall not be issued until the application has been approved by the director of public works or his or her designee. No installation shall commence until the permit has been issued.
(c) Upon completion of the installation of the side sewer collection tank and associated appurtenances, the owner shall be responsible to insure that the contractor shall provide to the city an as-built drawing. The public works director or his or her designee may prepare a site map showing the location of the collection tank, the point of connection with the house or building, the grade of the side sewer and such other information as shall be deemed pertinent. Records of all sewer connections and inspection reports of completed work may be kept on file in the city clerk-controller's office, along with the side sewer permits.
(d) Upon approval of an application, site plan and any drawing related thereto, it shall be unlawful to install the installation in any manner other than is provided for in such permit without the prior written approval of the director of public works. During the course of installation, the work shall be approved by the director of public works or his or her designee, both before cover and upon the final completion.
(e) The owner shall be responsible for the acquisition of any permit which may be required as a result of the electrical characteristics of the system and for the obtaining of such approvals as may be required pursuant to the issuance of such permit.
(f) No side sewer owner or his or her representative or contractor shall break, alter or tamper with any city sewer, except that he may connect to a wye, approved saddle, or tee which exists for that purpose with the prior approval of the director of public works, any such installation being approved before cover.
(g) When a permit has been issued for installation of a STEP system, side sewer or other work covered by this chapter, as provided in this section, no work other than that covered by the permit shall be done without the approval of the city. The installation or repair of any portion of the sewage disposal system serving a structure from the house drain onward shall be deemed to be covered by this chapter.
(h) It is unlawful to disconnect any side sewer or other connection from the city's sewer system or remove any portion of a side sewer or STEP system without securing prior written permission of the director. The discontinued service shall be turned off or sealed in such manner as may be acceptable to the director whether at the curbstop or otherwise. All expenses for disconnecting shall be borne by the property owner.
(i) The approval of the design and installation of an improvement, whether of a STEP system or a side sewer, by the city, shall not relieve the holder from the responsibility of obtaining such other permits or licenses as may be required by the city, county, state or other agency nor shall it be deemed to be a guarantee by the city that the installation was done properly, such approval being for the sole benefit of the city. Side sewer contractors shall have the responsibility of contacting other utilities for location of their facilities before commencing work and they shall have the responsibility of protecting such other utilities in the course of construction. (Ord. 1325 §3, 1992).
12.08.050 Application for sewer service--Eligibility.
Properties which are inside of the city's sewer service area as that may from time-to-time be established which are not entitled to sewer services by reason of not having been subject to a sewer assessment of the city or otherwise qualifying for sewer service, may be connected to the public sewers of the city and be served thereby when the owner thereof executes an application for sewer service and the city concurs therewith. (Ord. 1325 §4(4.01), 1992).
12.08.060 Application for sewer service--Terms.
The application for sewer service shall contain such items and requirements as may be from time-to-time established by the clerk-controller. At a minimum, it shall provide the following:
(a) That the property owner warrants that he is the owner of that property with full authority to bind the property with the covenants and conditions contained in the application;
(b) That the property owner shall subject his property to the terms of the application and shall use the city sewer system in accordance with the rules and regulations of the city as they may be amended from time-to-time and that the property shall be subject to the regular schedule of sewer service charges of the city as may from time-totime be fixed by the city for its use classification, including, if the city so provides, a reasonable split or special rate for properties in particular areas;
(c) That the property described in the application shall be the only property served with sewer service pursuant to that contract;
(d) That the property subject to the application shall be subject to liens, penalties and interest for nonpayment of sewer service charges to the same extent as any other property served by the city;
(e) That the property owner and his successors in interest shall not object to any annexation to the city or the formation of any utility local improvement district, the areas of which may include the property subject to the application;
(f) The owner shall provide all necessary easements prior to the commencement of installation and all collection system equipment shall be approved by the city and the ownership provisions to such equipment shall meet the approval of the city, including but not limited to a transfer of ownership to the city at the city's request;
(g) The owner shall agree to pay, prior to connection, any connection fee which may be from time-to-time assessed, as well as any monetary amount that may be expended by the city pursuant to Sections 12.08.020(c), 12.08.120(e) or 12.08.120(f) of this chapter. Such charges shall constitute a lien upon the properties and be subject to collection as provided in Section 12.08.020(e) of this chapter. (Ord. 1325 §4(4.02), 1992).
12.08.070 Application for sewer service--Charge in lieu of assessment.
The property owner must pay to the city, in addition to any trunkage, connection and application fee or charge which may be due, an amount of money which shall constitute a charge in lieu of assessment and which may be determined as near as may be by the use of the assessment formula used in the city whose sewer lines will be tapped to serve the property subject to the contract. The charge in lieu of assessment must be paid in full before connection to the public sewers of the city is permitted. This charge in lieu of assessment shall be deemed to take into consideration, among other factors, the reduction in capacity resulting from the connection which shall be in such amount as may be from time-to-time established pursuant to the provisions of Section 12.08.100 of this chapter. (Ord. 1325 §4(4.03), 1992).
12.08.080 Application for sewer service--Other terms.
To protect the interests of the city, the city may require other conditions and provisions to be inserted in the application for sewer service as the individual case may warrant. (Ord. 1325 §4(4.04), 1992).
12.08.090 Application for sewer service--Developer agreement.
The city may also enter into contracts with the owners of real estate to the extent allowed by law. (Ord. 1325 §4(4.05), 1992).
12.08.100 Obtaining side sewer permits.
(a) Hookup Fee Required. At the time the director of public works certifies that the property owner has submitted an application for connection which has been approved, then the applicant shall pay to the city such hookup fee as may from time-to-time be established by resolution. In the event that the connection is not in fact completed, that fee shall be refunded to the property owner.
(b) In the event of construction of a structure upon vacant land requiring a connection to the city's sewer system, there shall be paid a connection fee in the amount as may hereafter be established by resolution, this amount being deemed to represent the per unit cost of pipeline and treatment plant improvements. (Ord. 1325 §5, 1992).
12.08.110 Sewer service charges.
Any and all charges payable pursuant to this chapter, whether for service, connection rates or otherwise, billings and collection procedures shall be governed by the applicable provisions of the Montesano municipal code, as now existing or hereafter amended or supplanted. In the absence of a specific requirement in the code that such charges be established by ordinance, then they may be established by resolution. (Ord. 1325 §6, 1992).
12.08.120 Inspection.
(a) No excavation, whether side sewer trench or otherwise, undertaken for purposes of the installation, connection, repair or replacement of a collection tank, side sewer or other portion of the STEP collection system shall be filled or any sewer covered until the work has been inspected and approved by the director of public works or his or her designee.
(b) Any person performing work under the authorization of a permit issued pursuant to the provisions of this chapter shall notify the building official when the work will be ready for inspection and shall specify in such notification the location of the premises. The building official or his or her designee shall make such inspection within forty-eight hours after receipt of the notice, excluding Saturday, Sunday and holidays.
(c) When the work is performed by a contractor, either the contractor or a competent representative shall be available to meet the city representative on the premises when so directed.
(d) If the building official or the director of public works or their respective designees find the work or materials used are not in accordance with any applicable code, ordinance, rule or regulation, the building official or the director of public works or their respective designees shall notify the person doing the work and also the owner or occupant of the premises by posting a written notice, and such posted notice shall be all the notice required to be given on the defects in the work or materials found in such inspection.
(e) All work within the limits of any public area shall be prosecuted to completion with due diligence, and if any excavation is left open beyond a time reasonably necessary to fill the same, the city may cause the same to be back-filled and the public area restored forthwith at the expense of the property owner, occupant or contractor, as the case may be. Any such work shall be protected by appropriate warning signs and barricades. The director of public works may, if deemed necessary and appropriate to insure the completion of work, require the posting of a bond in favor of the city and in such form as may from time-to-time be approved by the director in such amount as may be equal to the value of the work to be done.
(f) Under any of the following circumstances and after written notice given by the city or the health officer, the contractor, owner or person doing the work as the case may be shall properly correct such defective work or undertake the necessary construction, repair or completion within the time specified in the notice. In the event the contractor, owner or responsible person fails to do so, then the city may perform such work as may be necessary to comply with the provisions of any applicable code and the cost of such work so done shall be charged to the property owner, occupant or contractor, as the case may be, and shall become immediately payable to the city upon written notice of such being delivered to such owner, occupant or contractor; provided, that the owner of the property shall be responsible for such obligation.
The situations under which the provisions of this section shall apply are as follows:
(1) When any work performed is not done in accordance with the provisions of any applicable code, including this chapter or any plans or specifications approved by the city;
(2) When the health officer or responsible city official determines that a collection tank, septic tank, side sewer or other portion of the sewage disposal system is obstructed broken or inadequate and is a menace to health or is liable to cause damage to either public or private property;
(3) The provision of subsection E of this section have been violated by noncompletion;
(•) The necessity of the city to arrange and undertake the responsibility for the provision of power to operate any STEP system serving the property.
Any monies expended by the city pursuant to the taking of action by the city under the provisions of this section shall be subject to collection as provided in Section 12.08.020(E) of this chapter. (Ord. 1325 §7, 1992).
12.08.130 Side sewer construction.
(a) The director of public works is authorized to establish by rule and regulation such construction standards, rules and regulations as may be necessary to govern the installation, improvement, repair, replacement or operation of the sanitary sewer system of the city. The standards may include, but are not limited to, specification of materials and installation requirements, limitations upon materials to be permitted to enter the sewer system from a building served by the system, and such other matters as may be deemed necessary by the director.
(b) Any proposed rule or regulation shall be submitted to the council prior to its implementation. The council shall have twenty-one days following the date of its initial submission to the council at a regular meeting to approve, disapprove or modify any proposed rule or regulation. In the event the council does, in fact, so act, it shall be deemed to go into effect immediately upon approval or modification by the council. In the event of no action, unless the time period established by this section is extended by affirmative action of the council, the proposed rule or regulation shall go into effect upon the twenty-second day following the date of submission. The authority granted by this section shall be deemed supplemental to the authority granted in Section 12.08.170. (Ord. 1325 §8, 1992).
12.08.140 Forbidden activities—Illegal connections.
(a) No person shall discharge or cause to be discharged any stormwater, surface water, groundwater, roof runoff, subsurface drainage, cooling water or unpolluted industrial process water to any portion of the sanitary sewer system, and no roof drains, yard drains or any exterior drains of any type shall be connected to the sanitary sewers in any manner.
(b) It is unlawful to drain large volumes of water directly into the sewer and thereby cause surcharge of sewer lines without the prior approval of the director of public works. Swimming pools, public or private, shall not be directly connected to the sewer by a pool gravity drain.
Pumped discharge of swimming pool water into the sewer will not be allowed. When the pumped discharge surcharges the sewer line, the director of public works may specify reduced pumping capacities, utilizing smaller discharge pipe and/or throttled valves. (Ord. 1325 §9(9.01), 1992).
12.08.150 Forbidden activities--Tampering with system.
(a) It is unlawful to break, damage, destroy, deface, alter or tamper with any structure, appurtenances or equipment which is part of the sewer system of the city of Montesano, or without authority from the city, to break, damage, destroy or deface any public walk, curb or pavement, or to make openings or excavations in a public area for the purpose of connecting to the city sewer system.
(b) All excavations made by any person in any public area shall be made and back-filled in accordance with the standards and regulations of Grays Harbor County and the city of Montesano.
(c) It is unlawful to disconnect or cause to be disconnected the power source from the STEP tank, whether such tank be serving multiple buildings or a single building, while the building or buildings are occupied and subject to continuing utilization or while the plumbing facilities in any of the connected structures are in use subject to continuing use. This prohibition shall not apply to small diameter gravity tanks that do not require electrical power for conveyance of the effluent nor shall it be deemed to apply to the actions of the electrical utility district providing power to the tank when such disconnection is necessitated by a failure of the responsible person to pay the electrical charges resulting from the provision of electrical power or when the utility determines that such disconnections are necessary to the public safety. (Ord. 1325 §9(9.02), 1992).
12.08.160 Forbidden activities--Prohibited uses.
(a) No person shall discharge or cause to be discharged any stormwater, surface water, groundwater, roof runoff, subsurface drainage, uncontaminated cooling water or unpolluted industrial process waters to any sanitary sewer.
(b) No person shall discharge or cause to be discharged any of the following-described waters or wastes to any city sewers:
(1) Any gasoline, benzene, naphtha, fuel oil or other flammable or explosive or liquid, solid or gas.
(2) Any waters or wastes containing toxic or poisonous solids, liquids or gases in sufficient quantity, either singly or by interaction with other wastes that injure or interfere with any sewage treatment process, constitute a hazard to humans or animals, create a public nuisance or create any hazard in the receiving waters of the sewage treatment plant, including but not limited to cyanides in excess two mg/1 as CN in the wastes as discharged to the city sewer system.
(3) Any waters or wastes having a pH lower than 5.5 or in excess of 9.5 or having any other corrosive property capable of causing damage or hazard to structures, equipment and personnel of the sewage works.
(4) Solid or viscous substances in quantities or of such size capable of causing obstruction to the flow in sewers, or other interference with the proper operation of the sewage works such as, but not limited to, ashes, cinders, sand, mud, straw, shavings, metal, glass, rags, feathers, tar, plastics, wood, unground garbage, whole blood, paunch manure, hair and fleshings, entrails, and paper dishes, cups, milk containers, disposable diapers, etc., either whole or ground by garbage grinders.
(c) No person shall discharge or cause to be discharged the following-described substances, materials, waters or wastes if it appears likely in the opinion of the director of public works that such wastes can harm either the sewers, sewage treatment process (lagoons) or equipment, have an adverse effect on the receiving stream or can otherwise endanger life, limb, public property or constitute a nuisance. In forming his opinion as to the acceptability of these wastes, the director of public works will give consideration to such factors as to quantities of subject wastes in relation to flows and velocities in the sewers, materials of construction of the sewers, nature of sewage treatment lagoons, degree of treatability of wastes in the lagoons and other pertinent factors. The substances prohibited are:
(1) Any liquid or vapor having a temperature higher than one hundred fifty degrees Fahrenheit (sixty-five degrees Celsius);
(2) Any water or waste containing fats, wax, grease or oils, whether emulsified or not, in excess of one hundred mg/1 or containing substances which may solidify or become viscous at temperatures between thirty-two and one hundred fifty degrees (zero and sixty-five degrees Celsius);
(3) Any garbage that has not been properly shredded to meet such specifications as may be from time-to-time established by the director of public works. The installation and operation of any garbage grinder equipped with a motor of three-fourths horsepower (0.78 hp metric) or greater shall be subject to the review and approval of the director of public works;
(4) Any waters or wastes containing strong acid iron pickling wastes or concentrated plating solutions whether neutralized or not;
(5) Any waters or wastes containing iron, chromium, copper, zinc and similar objectionable or toxic substances; or wastes exerting excessive chlorine requirements to such degree that any such material received in the composite sewage at the lagoons exceeds the limits established by the city of Montesano for such materials;
(6) Any waters or wastes containing phenols or other taste or odor-producing substances, in such concentrations exceeding limits which may be established by the director of public works as necessary after treatment of the composite sewage to meet the requirements of state, federal or other public agencies or jurisdiction for such discharge to the receiving waters;
(7) Any radioactive wastes or isotopes of such half-life or concentration as may exceed limits which may be established by the director of public works in compliance with the applicable state or federal regulations;
(8) Materials which exert or cause:
(A) Unusual concentrations of inert suspended solids (such as, but not limited to, Fuller's earth, lime slurries and lime residues) or of dissolved solids (such as, but not limited to, sodium chloride and sodium sulfate),
(B) Excessive discoloration (such as, but not limited to, dye wastes and vegetable tanning solutions),
(C) Unusual B.O.D., chemical oxygen demand or chlorine requirements in such quantities as to constitute a significant load on the sewage treatment works,
(D) Unusual volume of flow or concentration of wastes constituting "slugs" as defined in Section 12.08.010;
(9) Waters or wastes containing substances which are not amenable to treatment or reduction by sewage treatment processes employed. (Ord. 1325 § 9(9.03), 1992).
12.08.170 Operational authority.
(a) In addition to the authority granted to the director of public works to make rules and regulations, the city council of Montesano may make rules and regulations and amend the same from time-to-time, but not inconsistent with the provisions of this chapter, as they shall deem necessary and convenient to carry out the provisions of this chapter. In the event of an inconsistency between a rule or regulation established by the director of public works and one established by the city council pursuant to the provisions of this section, the provision enunciated by the city council shall be deemed to control.
(b) The director of public works and his assistant and the city council, bearing the proper credential and identification, shall be permitted to enter upon all and any premises at all reasonable times for the purpose of inspection, observation, measurements, samplings, testing of sewers and sewage waste and performing all other acts or duties required in accordance with the provisions of this chapter, and it is unlawful for any person to prevent any such entrance or obstruct or interfere with any such officer or employee so engaged.
(c) The director of public works shall be authorized to issue such rules or regulations as he or she may from time-to-time determine appropriate in relation to matters of methodology, standards, techniques and materials to be utilized in relation to the connection, repair and replacement of systems upon individual properties. The authority granted by this section shall be deemed in addition to any authority granted to the director pursuant to the provisions of Section 12.08.130 of this chapter; provided, that it shall be exercised in the same manner as the authority granted to the director in Section 12.08.130. (Ord. 1325 §10, 1992).
12.08.180 Violation--Penalty.
(a) Civil Penalties.
(1) Any person who violates any provision of this chapter shall be liable to the city for any expense, loss, damage, cost of inspection or cost of correction incurred by the city by reason of such violation including any cost to the city incurred in collecting from such person said loss, damage, expense, cost of inspection or cost of correction, including necessary attorneys' fees and court costs.
(2) Any person who makes an unauthorized connection to the city's sewer line shall be charged a fine of two hundred fifty dollars for each unauthorized connection.
(3) Any person found to be violating any provision of this chapter shall be served by the city with written notice stating the nature of the violation and providing a reasonable time limit for the satisfactory correction thereof. The offender shall, within the period of time stated in such notice, permanently cease all violations and make all necessary corrections.
(4) Any person who continues any violation beyond the time limit provided in subsection (a)(3) of this section at the discretion of the city council will have their sewer service discontinued until such violation has been corrected and certified by the director of public works or his assistant. Such discontinuance of sewer service will be reported to the Grays Harbor County health district and a reconnection fee of two hundred fifty dollars will be assessed against the property.
(b) Criminal Penalties.
(1) Any person violating a provision of this chapter shall, in addition to any other penalty which may be imposed pursuant to this chapter, be subject to, upon conviction of such violation, a penalty as provided in Chapter 1.08 of this code. The first citation within any twelvemonth period issued to a person alleging any particular violation shall be deemed to be an infraction. The person, upon a finding of committed, shall be subject to the penalties provided which shall be up to two hundred fifty dollars. Any second or subsequent violation within any twelve-month period issued to a person for a particular violation shall constitute a criminal violation and be deemed to be a misdemeanor.
(2) In addition to the penalties available pursuant to subsection (b)(1) of this section, the violator shall be subject to such other civil penalties as may be appropriate, including but not limited to sewer use charge and connection fee. (Ord. 1325 §11, 1992).