Chapter 8.18
ON-SITE SEWAGE OPERATION AND MAINTENANCE PROGRAM CHARGE
Sections:
8.18.030 On-site sewage operation and maintenance program charge on real property.
8.18.050 Parcels categorically exempt from on-site sewage operation and maintenance charge.
8.18.060 Noncategorical exemption.
8.18.070 Annual calculation and billing of on-site sewage operation and maintenance charge.
8.18.080 Deposit and use of charges.
8.18.090 Administration of on-site sewage operation and maintenance program charge.
8.18.100 Adjustment and appeals of on-site sewage operation and maintenance program charge.
8.18.010 Statement of intent.
A. The County’s management and oversight of on-site sewage treatment and disposal systems is intended to result in an effective means of regulating sewage disposal and necessary to protect the public health, by promoting a comprehensive approach to sewage treatment and disposal. All improved parcels of real property within the County that are served by OSS contribute to the need for and create burdens on the County’s on-site sewage operation and maintenance program. The owners of those properties also benefit from the system and, therefore, should share in a fair and equitable funding program. The proper cost-effective management and regulation of sewage treatment and disposal will protect the County’s land and water, protect against disease, and promote public health.
B. The charge established by the board of health, including the OSS operation and maintenance user charge, is intended to be uniform for all OSS property owners and comply with the applicable laws. Taken together, all fees and charges are directly related to the on-site sewage system operation and maintenance management program provided to the persons charged. The board of health anticipates that the OSS operation and maintenance user charge imposed upon the owners of real property in unincorporated San Juan County are intended to fund actual costs of administration and operation of the on-site sewage program management plan. (Ord. 23-2013 § 1)
8.18.020 Findings.
The San Juan County board of health determines and finds that:
A. State laws and regulations have placed increased responsibility on local governments to manage on-site sewage system operation and maintenance in a manner that protects public health and safety;
B. Properly operated and maintained on-site sewage systems are essential to protect the public health;
C. A stable funding program is required to provide a broad and sound financial basis to provide a viable on-site sewage operation and maintenance program;
D. The statements in the background section shall be treated as findings and considered in the construction or interpretation of this chapter. (Ord. 23-2013 § 2)
8.18.030 On-site sewage operation and maintenance program charge on real property.
Commencing upon January 1, 2014, and thereafter at the intervals set forth below there shall be imposed an on-site sewage operation and maintenance program charge upon every parcel of property within the unincorporated areas of San Juan County, upon parcels existing as a matter of record as of January 1st of each year, except for those parcels categorically determined to be exempt as set forth below. The on-site sewage operation and maintenance program charge shall be calculated at a rate in the amount defined below. Under no circumstances shall the on-site sewage operation and maintenance program charge be calculated or assessed on an ad valorem basis. (Ord. 23-2013 § 3)
8.18.040 Rate.
The rate charge shall be $10.00 per parcel for 2014. The rate shall be adjusted as needed in future years as described in SJCC 8.18.070. (Ord. 23-2013 § 4)
8.18.050 Parcels categorically exempt from on-site sewage operation and maintenance charge.
The San Juan County board of health declares that certain properties as a class do not contribute to the burden on the OSS operation and maintenance program and shall therefore be exempt from an on-site sewage operation and maintenance program charge. The environmental health manager shall utilize the assessor use codes, improvement value and other records to identify parcels that are not developed or not served by an on-site sewage treatment and disposal system. Parcels that are not developed or not served by an on-site sewage treatment and disposal system are categorically exempt from the on-site sewage operation and maintenance program charge.
In addition to the above parcels, properties that are served by sewage treatment and disposal systems that are regulated only by the Washington State Department of Ecology or the Washington State Department of Health and not by San Juan County are categorically exempt from the on-site sewage operation and maintenance program charge. This exemption is limited to properties served by sewer systems regulated by the State Department Ecology (e.g., Eastsound Sewer District, Fisherman Bay Sewer District, Roche Harbor Sewer System, and Rosario Sewer System) and properties served by a larger on-site sewage system regulated by the State Department of Health (e.g., The Oaks, West Beach Resort, Snug Harbor Resort, Decatur Northwest Drainfield D, San Juan Community Home Trust, Cascade Community System, The Resort at Deer Harbor, Camp Nor’westor, Camp Orkila, Eagle Lake II System A&B, Lakedale Resort Bathhouse, Mitchell Point Owners Association, Doe Bay Resort and Four Winds Main Sewer System).
Each year, no later than December 31st, the health and community services department shall provide the treasurer and assessor a list of those parcels that are not exempt under this section. (Ord. 23-2013 § 5)
8.18.060 Noncategorical exemption.
There is a presumption that every property that is assessed an on-site sewage operation and maintenance program charge contributes to the burden of the OSS operation and maintenance program. Between March 15th and April 15th of each year, a property owner may submit information to the environmental health manager to show by a preponderance of the evidence that the property which has been assessed an on-site sewage operation and maintenance program charge is not developed or not served by an on-site sewage treatment and disposal system. If the property owner meets that burden the on-site sewage operation and maintenance program charge shall be declared exempt and no on-site sewage operation and maintenance program charge shall be owed for that period. This noncategorical exemption shall not be used for partial reductions of the on-site sewage operation and maintenance program charge. (Ord. 23-2013 § 6)
8.18.070 Annual calculation and billing of on-site sewage operation and maintenance charge.
On or before the last day of December of each year, beginning in 2014, the board of health shall determine the rate charge in a total amount not to exceed the estimate actual costs of administration and operation of the on-site sewage program management plan for the coming year and deliver the information to the San Juan County treasurer in the form needed for inclusion in County tax statement. (Ord. 23-2013 § 7)
8.18.080 Deposit and use of charges.
All payments received from the on-site sewage operation and maintenance program charge shall be appropriated solely for the administration and operation of the on-site sewage operation and maintenance program management plan. (Ord. 1-2014 § 1; Ord. 23-2013 § 8)
8.18.090 Administration of on-site sewage operation and maintenance program charge.
A. Beginning January 1, 2014, the on-site sewage operation and maintenance charge shall be assessed annually and for convenience and cost savings will be consolidated with the first half of the San Juan County property tax statements and collected by the County treasurer. Property owners who do not receive a property tax statement will receive a separate billing statement.
B. The on-site sewage operation and maintenance charge is due and payable on or before the thirtieth day of April, and shall be delinquent after that date. However, if one-half of such charge is paid on or before the said thirtieth day of April, the remainder shall be due and payable on or before the thirty-first day of October and shall be delinquent after that date, in the same manner as regular property taxes. Any delinquent amount shall be charged interest at the rate of 12 percent per annum. (Ord. 23-2013 § 9)
8.18.100 Adjustment and appeals of on-site sewage operation and maintenance program charge.
A. Any person billed for the on-site sewage operation and maintenance program charge may contest the charge and the parcel classification or applicability of an exemption by filing an appeal with San Juan County health and community services within 30 days of the date of the bill. Submittal of such an appeal does not extend the date the service charge becomes due and payable.
B. A request for service charge adjustment may be granted by the board of health only when the board of health finds that the parcel has been improperly classified or that an exemption applies.
C. Service charge adjustments will only apply to the bill then due and payable after the date of the request for adjustment.
D. The property owner shall have the burden of proving by a preponderance of the evidence that the service charge adjustment should be approved.
E. Decisions on requests for service charge adjustments shall be made by the board of health based on information submitted by the applicant and by the environmental health manager within 30 days of the adjustment request, except when additional information is needed. The applicant shall be notified in writing of the board of health’s decision. If an adjustment is granted which reduces the service charge for the current year, the applicant shall be refunded the amount overpaid in the current year together with interest thereon at 12 percent per annum on the amount overpaid from the date of payment to the date of refund.
F. The final decision of the board of health is subject to review in the superior court for San Juan County using the procedure for statutory writ of review. (Ord. 23-2013 § 10)