Chapter 13.08
PUBLIC SEWERS
Sections:
13.08.005 On-site sewage disposal systems – Policy to limit.
13.08.010 Discharge of excrement, garbage or other objectionable waste prohibited.
13.08.020 Discharge of sewage or polluted waters restricted.
13.08.030 Privies, septic tanks and cesspools prohibited.
13.08.035 Mandatory sewer service – No rights created.
13.08.040 Connections to public sewer.
13.08.045 Construction of new septic systems provided in limited cases as interim measure.
13.08.050 Construction of new holding tank sewage systems.
13.08.060 Outside city limit connections.
13.08.005 On-site sewage disposal systems – Policy to limit.
A. It is the policy and intent of the city of Mount Vernon that the construction of new holding tank sewage systems and on-site sewage disposal be limited and discouraged and, except where specifically authorized by permit pursuant to this title, prohibited in all areas, and that all sewage be discharged into the public sewer.
B. Except as provided in MVMC 13.08.045 and 13.08.050, no holding tank sewage system or on-site sewage system may be constructed in the city of Mount Vernon without a written permit from the local health officer certifying that it meets the requirements of the Skagit County health department. On-site sewage disposal systems must also meet the requirements of the director of public works and this code. (Ord. 3156 § 5, 2003; Ord. 3135 § 2, 2002; Ord. 3036 § 6, 2000).
13.08.010 Discharge of excrement, garbage or other objectionable waste prohibited.
It is unlawful for any person to place, deposit, or permit to be deposited in any unsanitary manner on public or private property within the city, or in any area under the jurisdiction of the city, any human or animal excrement, garbage or other objectionable waste. (Ord. 2057 Ch. 2 § 1, 1981).
13.08.020 Discharge of sewage or polluted waters restricted.
It is unlawful to discharge to any natural outlet within the city, or in any area under the jurisdiction of the city, any sewage or other polluted waters, except where suitable treatment has been provided in accordance with subsequent provisions of this title. (Ord. 2057 Ch. 2 § 2, 1981).
13.08.030 Privies, septic tanks and cesspools prohibited.
Except as provided in this title, it is unlawful to construct any new on-site sewage system or holding tank sewage system. (Ord. 3156 § 6, 2003; Ord. 3135 § 3, 2002; Ord. 2057 Ch. 2 § 3, 1981).
13.08.035 Mandatory sewer service – No rights created.
A. All wastewater in the city of Mount Vernon, excepting storm water, must be discharged into the public sewer of the city of Mount Vernon and/or into holding tank sewage systems or on-site sewage systems. This obligation applies to the owner of premises and to persons in possession, charge, or control of the premises where prohibited discharges either originate or occur.
B. This title does not create rights for any individual or group to require construction of public sewers, connection thereto or otherwise to receive sewer service from the city. The city reserves all rights to deny, limit, or curtail service. (Ord. 3156 § 7, 2003; Ord. 3135 § 4, 2002; Ord. 3036 § 4, 2000).
13.08.040 Connections to public sewer.
A. Connections Required. Any house, building, or property on or in which any plumbing facilities that are subject to the provisions of either the Uniform Plumbing Code as adopted by the city or the Washington State Plumbing Code as adopted by the state have been installed shall be connected to the public sewer in accordance with the provisions of this title, and MVMC Title 15 when adequate public sewer services are available pursuant to MVMC 13.04.215(B). Such connections shall be made at the cost of the owner of such house, building, or property. The determination of when public sewer facilities are adequate shall be made by the public works director.
B. Notwithstanding subsection A of this section, and subject to the provisions of MVMC 13.08.005, an on-site sewage system may continue in use. (Ord. 3156 § 8, 2003; Ord. 3135 § 5, 2002; Ord. 3036 § 5, 2000; Ord. 2057 Ch. 2 § 4, 1981).
13.08.045 Construction of new septic systems provided in limited cases as interim measure.
Notwithstanding the provisions of this chapter, the construction of new on-site sewage systems shall be provided in limited cases and as an interim measure only. A permit to install an on-site sewage system shall be authorized only in accordance with the following provisions:
A. Variance from Sewer Connection Requirement.
1. Any property owner may apply for a variance to allow for the construction of an on-site sewage system on lots of record existing as of the effective date of the ordinance codified in this chapter when such property is zoned R-A, R-1, or R-2 in accordance with MVMC Title 17. Such on-site sewage systems shall be limited to serving one single-family residence.
2. The public works director or the director’s designee shall approve a variance only if all of subsections (A)(2)(a), (b) and (c) of the following decision criteria are met:
a. Sewer service is not available pursuant to MVMC 13.04.215(B);
b. The proposed on-site sewage system will not have an adverse environmental effect on potable water wells, ground water, streams, or other surface bodies of water; and
c. The proposed on-site sewage system is in compliance with all applicable federal, state and local health and environmental regulations.
3. No variance may be granted if:
a. The premises to be served are occupied by any occupancy group other than an R-3 occupancy as defined by the Washington State Building Code; or
b. The public health or safety would be adversely affected.
B. Should the on-site sewage system fail to comply as provided under subsections (A)(2)(b) and (c) of this section, connection to the public sewer system is mandatory and a variance will not be granted.
C. On-site sewage system variances issued by the public works director shall be subject to the following conditions: (1) the applicant must first obtain appropriate approvals from government agencies having jurisdiction; (2) the applicant shall record an agreement, referred to herein as an “agreement to connect,” with the Skagit County auditor. The agreement shall be a covenant which shall run with the land and shall be binding upon the owner and successors in interest of the property. Such agreement shall require payment of all connection charges applicable at the time of actual connection to the public sewage system. The agreement shall provide that the structure served by the on-site sewage system shall be connected to the public sewer at such time as the public sewer is available.
D. The following land development actions approving residential uses or developments shall require connection to the public sewer system regardless of the distance of the property from the public sewer:
1. Short subdivisions and subdivisions, as set forth in MVMC Title 16;
2. Binding site plans, as set forth in MVMC Title 16;
3. PUDs as set forth in MVMC Title 17.
E. On-site sewage systems must be designed and built to facilitate eventual conversion to the public sewer, including the siting of improvements on the property and the construction of sanitary sewer lines to be used for future connection to the public sewer.
F. A building permit will be issued only after the applicant obtains a septic system permit from the Skagit County health department.
G. Term of Variance. Variances issued pursuant to the provisions of this section shall expire when sewer services are available.
H. Appeals. Any person aggrieved by an administrative determination of the public works director or designee made under the authority granted by this chapter may request review by the Mount Vernon hearing examiner by filing written notice with the city finance director within 30 days of the issuance of the determination, together with an appeal fee of $100.00. The hearing examiner shall cause a notice of the time and place of the hearing to be mailed to the property owner. At such hearing the property owner shall be entitled to be heard and to introduce evidence on his or her behalf. The hearing examiner shall thereupon render a decision. In rendering a decision, the hearing examiner may either uphold or overturn the decision of the public works director or take such other action as the hearing examiner deems appropriate within the decision criteria provided under this chapter. The decision of the hearing examiner shall be supported by findings and provided in writing to the applicant. Appeals of decisions of the hearing examiner under this chapter are to the superior court. (Ord. 3156 § 9, 2003; Ord. 3135 § 6, 2002).
13.08.050 Construction of new holding tank sewage systems.
Notwithstanding the provisions of this chapter, the construction of new holding tank sewage systems shall be provided in limited cases and as an interim measure only. A permit to install a holding tank sewage system shall be authorized only in accordance with the following provisions:
A. Variance from Sewer Connection Requirement.
1. The owner of any property situated within the unincorporated Mount Vernon urban growth area may apply for a variance to allow for the construction of a holding tank sewage system, when such property is zoned commercial/limited industrial in accordance with MVMC Title 17.
2. The public works director or the director’s designee shall approve a variance only if all of subsections (A)(2)(a), (b), and (c) of the following decision criteria are met:
a. The proposed holding tank sewage system will not have an adverse environmental effect on potable water wells, ground water, streams, or other surface bodies of water; and
b. The proposed holding tank sewage system is in compliance with all applicable federal, state and local health and environmental regulations, including the applicable provisions of Chapter 12.05 of the Skagit County Code; and
c. Sewer service is not available.
3. A variance allowing the installation of a holding tank sewage system shall only be granted for lots of record existing as of the date of the ordinance codified in this section; provided, that a variance allowing the installation of a single holding tank sewage system to serve all lots of a parcel for which subdivision is sought may be granted upon an applicants showing that the public health and safety will not be adversely affected by the installation of such a community holding tank sewage system.
4. No variance may be granted if the public health or safety would be adversely affected.
B. Holding tank sewage system variances issued by the public works director shall be subject to the following conditions:
1. The applicant must first obtain appropriate approvals from government agencies having jurisdiction.
2. The applicant shall record an agreement, referred to herein as an “agreement to connect,” with the Skagit County auditor. The agreement shall be a covenant which shall run with the land and shall be binding upon the owner and successors in interest of the property. Such agreement shall require payment of all connection charges applicable at the time of actual connection to the public sewage system. The agreement shall provide that the structure served by the holding tank sewage system shall be connected to the public sewer at such time as the public sewer is available.
C. It is the intent of the city council that property owners who construct sewer lines and appurtenances which are dedicated to public use shall be afforded the opportunity to recover certain costs by virtue of entry into a utility reimbursement agreement (latecomer’s agreement), pursuant to the provisions of Chapter 35.91 RCW.
D. Holding tank sewage systems must be designed and built to facilitate eventual conversion to the public sewer, including the siting of improvements on the property and the construction of sanitary sewer lines to be used for future connection to the public sewer.
E. Term of Variance. Variances issued pursuant to the provisions of this section shall expire when sewer services are available.
F. Holding tank sewage systems must provide safe and adequate temporary storage of sewage, with scheduled and approved pumping service followed by approved off-site treatment and disposal of the stored sewage. By design, installation, operation and maintenance, holding tank sewage systems must not contaminate ground or surface waters, expose the public to untreated sewage or be a source of nuisance odors. All holding tank sewage systems shall be designed and constructed to meet the following criteria:
1. The holding tank portion of the holding tank sewage system must be located in such a way as to facilitate pumping while limiting the general public exposure to, or nuisance caused by, accidental sewage spillage during pumping.
2. The holding tank sewage system must meet the same horizontal setbacks required for septic tanks by WAC 246-272-140 (Location).
3. Holding tanks must be:
a. Designed, constructed, and installed to maintain water-tightness; and
b. Designed, constructed, and installed to withstand anticipated stresses associated of use which includes resistance to effects of raw sewage, and ability to withstand internal and external loading.
4. If buried, a holding tank must be:
a. Inherently nonbuoyant so as to prevent floating when empty during high ground water periods if such events are anticipated. A tank is nonbuoyant if installed above the ground water elevation, weight of the empty tank exceeds buoyant forces, or “side wings” anchor the tank into surrounding soil; and
b. Able to withstand traffic loading if the area is subject to vehicular traffic loads.
5. If installed above ground, holding tanks must:
a. Be designed and constructed to function as needed, retain shape, integrity, and water-tightness; and
b. Provide adequate support for all associated piping.
6. Both audible and visual alarm capacity alarms shall be installed on holding tanks.
a. Alarms must be set to signal at the “time to pump” and “exceeding reserve storage volume” levels.
b. Audible and visual alarm enunciators must be located outside the facility, with battery power where electrical power is not available.
c. Only the audible alarm may be turned off by the user.
7. All plumbing connections to the holding tank must be watertight and such that if the holding tank is full, further use of the system will cause sewage to back up into fixtures within the facility served. Use of the holding tank sewage system beyond the rated tank capacity must not allow discharge of sewage to the ground surface through the service access, pumping access ports, or vent openings.
G. Appeals. Any person aggrieved by an administrative determination of the public works director or designee made under the authority granted by this chapter may request review by the Mount Vernon hearing examiner by filing written notice with the city finance director within 30 days of the issuance of the determination together with an appeal fee of $100.00. The hearing examiner shall cause a notice of the time and place of the hearing to be mailed to the property owner. At such hearing the property owner shall be entitled to be heard and to introduce evidence on his or her behalf. The hearing examiner shall thereupon render a decision. In rendering a decision, the hearing examiner may either uphold or overturn the decision of the public works director or take such other action as the hearing examiner deems appropriate within the decision criteria provided under this chapter. The decision of the hearing examiner shall be supported by findings and provided in writing to the applicant. Appeals of decisions of the hearing examiner under this chapter are to the superior court. (Ord. 3156 § 10, 2003; Ord. 3135 § 7, 2002).
13.08.060 Outside city limit connections.
Sewer connections shall not be allowed outside the city limits of Mount Vernon. Only after property is annexed into the city may a sewer connection be made in accordance with this chapter. This section shall not apply to any sewer connection outside the city limits that exists or any sewer connection agreement between the city and property owner in effect prior to the effective date of the ordinance codified in this section. (Ord. 3473 § 4, 2009).