Chapter 12.64
CLEAN WATER DISTRICT—EDISON SUBAREA
Sections:
12.64.050 Roles and responsibilities.
12.64.080 On-site improvement loans.
12.64.090 Use of system—Pretreatment, grease traps, and septic tanks.
12.64.100 Users of the system.
12.64.110 Sewer connections and repairs.
12.64.120 Maintenance of the system.
12.64.130 Assessments, fees and other charges.
12.64.140 Right of entry, enforcement, appeals and liens.
12.64.150 Unlawful use of the system.
12.64.010 Formation.
Under authority of the Washington State Shellfish Protection District Statutes (RCW 90.72.040), Skagit County hereby establishes the Edison Subarea (Sub-District) of the Clean Water District, hereafter to be referred to as the Edison Subarea. The Edison Subarea is one of the first model community plans developed under direction from the State Department of Ecology and known as the Small Town Environmental Program. This self-help program is designed to reduce overhead costs for small communities needing to upgrade sanitation facilities. The administration and operation of the Edison Subarea will involve the following entities:
(1) Skagit County Board of County Commissioners;
(2) Skagit County Treasurer;
(3) Skagit County Assessor;
(4) Skagit County Planning and Permit Center;
(5) Burlington-Edison School District;
(6) Edison Subarea Advisory Board. (Ord. O20040001 (part))
12.64.020 Purpose.
The purpose of the Edison Subarea is as follows:
(1) Provide sewer services to the Edison Rural Village which had experienced on-site sewage failures affecting water quality in the Lower Edison Slough and Samish Bay, and to protect the public health and recreational/commercial shellfish beds of Samish Bay through:
(a) Construction of a wastewater treatment facility for collection, treatment, and disposal purposes for the Edison Rural Village including the Edison Elementary School.
(b) Providing a mechanism for funding through application for grants and loans to assist in construction of the facility.
(c) Providing for maintenance, operation, and administration of the system.
(d) Distribution of educational material to users of the system to optimize the function and longevity of the system.
(2) Pursuant to RCW 90.72.070, after establishing a Protection District, the County may finance the program through County tax revenues, fees, charges, or rates specified in its protection program.
(3) Establish the administration of the loans, grants, assessments, and other payments through Skagit County.
(4) Create an Advisory Board with the intent that it is a model for self-help and will be encouraged and assisted by the Skagit County Board of Commissioners to take an active role in the administration of the Subarea. (Ord. O20040001 (part))
12.64.030 Boundaries.
The Edison Subarea shall consist of all properties in unincorporated Skagit County that are located within the boundaries shown in Exhibit A attached to the ordinance codified in this Chapter and on file with the County Clerk’s Office. All properties within the Edison Subarea shall be subject to the provisions of this Chapter. The boundary has been determined by community input and closely follows the boundary described by the Skagit County Comprehensive Plan for the Edison Rural Village, with the inclusion of specific existing adjoining properties who have elected to participate in the Subarea. (Ord. O20040001 (part))
12.64.040 General powers.
Skagit County, on behalf of the Edison Subarea, and with the recommendation of the Advisory Board may:
(1) Hold title to all property containing the treatment facility and/or other capital improvements, together with easements necessary for the collection and transport of waste to the treatment facility;
(2) Acquire land incidental to the purpose of the Subarea and/or dispose of such lands as are surplus to the needs of the Subarea in accordance with Chapter 36.34 RCW and/or RCW 90.72.030-070;
(3) Accept funds or property by loan, grant, gift, or otherwise from any source;
(4) Negotiate with the Burlington-Edison School District for maintenance and operation of any shared treatment and/or disposal components;
(5) Enter into contracts for the operation, maintenance, and administration of the Subarea;
(6) Levy monthly assessments against all property owners within the Edison Subarea boundaries using the Clean Water District Ordinance as a taxing mechanism to repay loans obtained for the construction of on-site components;
(7) Levy annual assessments against all property owners within the Edison Subarea boundaries for the on-going expenses related to the operation, maintenance, and administration of the system;
(8) Plan, construct, acquire, repair, maintain, and operate components exclusive to serving the Edison Subarea community;
(9) Require existing on-site sewage systems within the Edison Subarea to be properly abandoned and connection made to the Edison system upon failure or required expansion of the on-site system. (Ord. O20040001 (part))
12.64.050 Roles and responsibilities.
The roles and responsibilities of the various parties are as follows:
(1) Skagit County Board of County Commissioners, as the legislative body charged with governing the affairs of the County and responsible for making final decisions, shall:
(a) As the public entity on which the Edison Subarea is based, and as the recipient of funding through grants and loans applied for by the Edison Advisory Board, will remain in ownership of the system; and
(b) Maintain final responsibility for the management, maintenance, and operation of the system; and
(c) Establish by separate resolution the fund(s) into which shall be deposited the proceeds of all tax levies, assessments, gifts, grants, loans or any other revenues, together with any interest earnings therefrom, which may become available to the Edison Subarea; and
(d) Preside over the annual budget adoption for maintenance and operation costs; and
(e) Ensure that all monies generated for the Edison Subarea be solely used for the construction, maintenance, operation, and administration of the system.
(2) The Skagit County Treasurer shall act as the treasurer of the Subarea and shall be responsible for the:
(a) Utilization and collection of annual assessments to pay for on-going maintenance, operation, and administration of the system; and
(b) Manage the loan repayment program for Edison Subarea property owners with any loan funds made available through the Treasurer’s Office.
(3) The County Assessor shall certify the annual assessment to the County Treasurer who shall enter the amount owed as an assessment and tax lien upon the tax roles against the property for the current year, and the same shall become part of the general taxes for that year to be collected at the same time and with interest at such rates, and in such manner as provided in Chapters 84.56 and 84.60 RCW as now, or hereafter amended, for delinquent taxes, and when collected to be deposited into the fund(s) established for the Edison Subarea.
(4) The Skagit County Planning and Permit Center shall assist the Edison Advisory Board by providing resources, acting as liaison between the Advisory Board and the Board of County Commissioners, and as an authorized representative of the Skagit County Health Officer charged with the protection of public health.
The Skagit County Planning and Permit Center shall also process all applications for new service customers (prepaid future connections), additional flow for existing customers, and change in use for all customers within the Edison Subarea.
(5) The Edison Subarea Advisory Board shall cooperate with the County to recommend and establish regulations, rate schedules and fees, review operation and maintenance procedures and expenditures, advise the County on collection and distribution of funds, review grant and loan status, act as liaison between the Subarea participants and the County and work to ensure that Subarea revenues are spent on the operation, maintenance, operation, and administration of the system. (Ord. O20040001 (part))
12.64.060 Advisory Board.
The Skagit County Board of Commissioners shall create and appoint an Advisory Board consisting of five (5) property owners of the Edison Subarea, to include a representative from the Burlington-Edison School District and a commercial properties representative. Terms of position shall be four (4) years. At the first meeting, the Advisory Board shall elect a chairperson and vice chairperson, each serving two (2) years. The Advisory Board shall adopt policies to govern its internal affairs. Upon vacancies on the Advisory Board, the Board shall first alert the customers of the Edison Subarea that a vacancy exists and forward the names of qualified citizens who expressed an interest in serving to the County Commissioners who shall appoint a replacement member. (Ord. O20040001 (part))
12.64.070 Annual budget.
The Board of County Commissioners, with the assistance of the Advisory Board, shall annually, at the same time the County budgets are prepared and adopted, prepare and adopt an annual budget for the Edison Subarea.
(1) The budget shall be divided into the following appropriation items: (a) overhead and administration, (b) maintenance and operation, (c) construction and improvements, and (d) any debt retirement. In preparing the budget, expenditures in each appropriation category and the proportionate share of each appropriation item to be paid shall be shown.
(2) In preparing the annual budget, the Advisory Board and the Board of County Commissioners shall under construction and improvement list each improvement and the estimated expenditure to be made for each during the ensuing year. If additional funds become available, a supplemental budget may cover additional authorized improvements.
(3) The Subarea budget or any supplemental budget shall be approved only after a public hearing, notice of which shall be governed by RCW 36.40.100. (Ord. O20040001 (part))
12.64.080 On-site improvement loans.
It is hereby declared that a failing on-site sewage system constitutes a health hazard that is harmful to the welfare and safety of the citizens of Skagit County. Pursuant to Chapter 35.80 RCW, a Clean Water District—Edison Subarea Improvement Fund is established to use public money to assist the cost of repair.
(1) The Skagit County Health Officer and the Skagit County Treasurer are hereby authorized to administer the Clean Water District—Edison Subarea Improvement Fund Loan Program. Said program is subject to the availability of funds and funding may be prioritized or directed to repair those failures causing the greatest adverse public health impact as determined by the Health Officer.
(2) Loans shall be to the owner(s) of the property. Applicants must complete all forms required by the County. A credit check and title search will be obtained by the County. A nonrefundable application processing fee will be charged to the applicant.
(3) Loan repayment shall be made to the County Treasurer subject to the terms of the loan agreements.
(4) Repayment options for individual loans may be made by one of the following options:
(a) Immediate payoff; or
(b) One (1) to fourteen (14) years, if loaned through the Skagit County Revolving Loan Fund.
(5) All loans shall be secured by a promissory note and deed of trust, which shall, when filed, place a lien upon the premises. In the event of default (ninety (90) or more days delinquent), collection efforts will be pursued as described in the promissory note with collection and/or attorney fees to be paid by the property owner in default.
(6) Appeals related to loan repayments shall be made to the Edison Advisory Board who shall present findings and make recommendations to the Board of County Commissioners. Property owners requesting payment adjustments must comply with all of the following: (a) be making timely payments (not be in default), (b) submit their appeal in writing to the Advisory Board, (c) document proof of financial hardship or any other reason to show why an adjustment should be made. Repayment adjustments granted for reasons other than billing errors are subject to renewal on an annual basis. (Ord. O20040001 (part))
12.64.090 Use of system—Pretreatment, grease traps, and septic tanks.
It shall be unlawful to discharge into any natural outlet within the Edison Subarea service area, or onto any land or body of water within the exterior boundaries of the service area, any sewage effluent, wastewater, industrial wastes, or other polluted waters, except where suitable treatment has been provided in accordance with County, State and Federal Regulations. A single building sewer shall be provided for each building unless the connection of more than one building to a single building sewer is approved in writing by the Advisory Board prior to the construction of such building sewer. No more than one multiple dwelling, industrial, or commercial building shall be connected to a single building sewer, unless otherwise approved in writing by the Advisory Board.
(1) Private Wastewater. All participating residential properties within the Edison Subarea shall be connected to the Community Sewer System. Where usage of the Edison Community Sewer System is not available, all building sewers must be connected to an approved private sewage disposal system. Private sewage disposal systems shall comply with Chapter 12.05 SCC and any other County, State and/or Federal regulations.
(2) Commercial Wastewater. The Advisory Committee shall establish standards for maximum BOD and TSS levels from all users as well as acceptable residential strength BOD and TSS standards. All commercial customers shall be required to pretreat waste to achieve a flow into the system that does not exceed the maximum BOD and TSS loading standards as established or amended by the Advisory Committee. All costs related to the installation and operation of any pretreatment device shall be borne by the property owner.
(3) Industrial Wastewater. No industrial wastewater shall be introduced into the Edison Community Sewer System.
(4) Pretreatment of Wastewater. Acceptable methods of pretreatment may include grease traps, chemical or biochemical plants, sedimentation chambers and any other similar devices. Any and all such devices and equipment shall be subject to the approval of the Advisory Board and shall not be put into operation nor revised in any manner without written permit or approval issued by the Advisory Board and other approving governmental agencies. Ownership and operation of pretreatment units shall be the responsibility of the property owner and/or user. An Advisory Committee designee may inspect any pretreatment device, including grease traps, at any time during normal business hours without advance notice.
(5) Grease Traps. Grease traps shall be required for businesses with restaurants, bakeries, and food service businesses or residential owners who discharge excessive concentrations or quantities of grease into the collection system. The property owner and/or user is financially responsible for grease trap pumping at whatever frequency may be mandated by usage. Representatives of the Edison Subarea shall inspect each grease trap a minimum of once a year. The Advisory Committee shall adopt standards for grease trap pumping. If in the opinion of the Advisory Committee pumping is required, the property owner will be notified in writing and shall arrange to have the grease trap pumped, at the owner’s cost, within seven (7) days. The property owner and/or user of the property shall be responsible for the proper removal and disposal by appropriate means of the captured material and shall maintain records of dates, and means of disposal that are subject to review by the Board. A currently licensed waste disposal firm must perform any removal and handling of the collected material.
(6) Septic Tanks. The property owner and/or user is financially responsible for septic tank pumping at whatever frequency may be mandated by usage. Representatives of the Edison Subarea shall inspect each residential septic tank at a minimum of once every three (3) years. Each commercial septic tank shall be inspected a minimum of once annually. The Advisory Committee shall adopt standards for septic tank pumping. If in the opinion of the Advisory Committee pumping is required, the property owner will be notified in writing and shall arrange to have the septic tank pumped, at the owner’s cost, within thirty (30) days. The property owner and/or user will be responsible for notifying the representatives of the Edison Subarea in advance of the pumping schedule so that a representative has the opportunity to be present during pumping. If the property owner and/or user does not pump within the thirty (30) day time period, the Advisory Committee will arrange to have the tank pumped and will present the property owner with a bill for pumping in an amount of one hundred ten (110) percent of the pumping costs. If not paid, then the cost shall be added to the subsequent year’s tax assessment.
(7) Wastewater Sampling Port. When required by the Advisory Board, the owner of any property to be served by a new connection of a building sewer carrying commercial wastes into the Edison Subarea community sewer system shall install a suitable sampling port immediately downstream of the grease interceptor tank and also immediately downstream of the septic tank in the side sewer to facilitate observation, sampling and measurement of the flow and strength of the wastes. The structure shall be installed by the owner at the owner’s expense, but shall be subsequently owned and maintained by the Edison Subarea so as to be safe and accessible at all times to the Advisory Board’s designee.
(8) Wastewater Testing. All measurements, tests and analyses of wastewater shall be from samples obtained at a control structure or other location as approved by the Advisory Board. Such tests and analyses shall be performed by an appropriately certified independent testing laboratory. Water volumetric testing can utilize portable flow meters as well as water use data from the potable water system. If tests are initiated by the Advisory Board, the Subarea shall pay the costs associated with the testing. If the property owner or user initiates the tests, the owner or user shall then pay. (Ord. O20040001 (part))
12.64.100 Users of the system.
Potential future connections to the system include the following four (4) classifications: Existing Prepaid Future Connections, Existing Customers Desiring Additional Flow, New Customers Within the Subarea Boundary, and New Customers Outside of Subarea Boundaries.
(1) Existing Prepaid Future Connections. Property owners with prepaid connections wishing to exercise their option to connect to the community sewer system shall make a written request for service to the Advisory Board. The written request shall contain an estimate of their annual water usage (in gallons per day or equivalent residential units) and an estimate of their waste strength (BOD, TSS, and for food service establishments, FOG). The Board will review the request and, if approved, shall send a letter to the requestor stating when the connection may be made, the amount of the annual sewer service fee, any other fees or deposits, and when these are due to be paid to the Skagit County Treasurer.
As with existing connected participating properties, ownership of the system (excluding the building sewer) from the influent flange of the septic tank and/or grease interceptor tank downstream, including the tank(s), pumps, controls, control vault, side sewer, connection tee, etc., shall be conveyed in writing to the Edison Subarea upon connection to the system.
Fees and other charges applicable to existing prepaid future connections are covered in SCC 12.64.130.
(2) Existing Customers Desiring Additional Flow. Existing customers wishing to add flow such that the new total flow will exceed the existing ERU value for the property, whether as a separate “mother-in-law” unit, as a change in use for an existing connection, or as an increase in capacity for an existing connection, shall make a written request to the Advisory Board. The written request shall contain an estimate of the anticipated new total flow in gallons per day and anticipated new waste strength (BOD, TSS, and for food service establishments, FOG). Allowance of such additional flow can only be approved if the Advisory Board determines that, after accounting for the eventual anticipated full connection of all the prepaid connections, there is or will be sufficient capacity in the collection, treatment, and dispersal facilities to handle the increased flow.
Where it is determined by the Advisory Board, via its engineer, or designee, that there is sufficient capacity in the sewer system, but there is insufficient capacity in the existing on-site components, such as septic tank and/or grease trap, and/or existing side sewer, for an additional flow allowance, new on-site components shall be installed at the owner’s expense.
Fees and other charges applicable to existing customers desiring additional flow are covered in SCC 12.64.130.
(3) New Customers within the Subarea Boundary. Requests for sewer service for nonparticipating properties within the Edison Subarea service area will be considered initially by the Advisory Board, who in turn would make a recommendation to the Board of County Commissioners. Allowance of such additional connections can only be approved by the County if the Advisory Board, through its engineer, or designee, determines that, after accounting for the eventual anticipated full connection of all the prepaid connections, there is or will be sufficient capacity in the collection, treatment, and dispersal facilities to handle the increased flows and waste strength associated with such additional connections. In addition, such new connection shall only be allowed when it is determined consistent with the Skagit County Comprehensive Plan. If approved, all costs for connection to the community sewer system shall be borne by the requestor.
See SCC 12.64.130 for fees and charges applicable to new customers within the Subarea boundary.
(4) New Customers Outside of Subarea Boundary. Requests for sewer service for nonparticipating properties outside of the Edison Subarea service area will be considered initially by Advisory Board, who in turn will make a recommendation to the Board of County Commissioners. Approval by the Commissioners shall be based on the determination of sufficient capacity following full connection of all the prepaid connections as well as consistency with the Skagit County Comprehensive Plan. If approved, all costs for connection to the community sewer system, including costs for construction, operation, and maintenance of sewer main extensions and any needed new pumping facilities or increases in capacity for existing pumping facilities and/or pipelines and other facilities or operational requirements shall be borne by the requestor.
See SCC 12.64.130 for fees and charges applicable to new customers outside of the Subarea boundary. (Ord. O20040001 (part))
12.64.110 Sewer connections and repairs.
No person shall uncover, make any connections with or opening into, use, alter or disturb any public sewer or appurtenance thereof or construct any connection to the community sewer system without first obtaining written approval of his or her sewer connection plans from the Advisory Board. Sewer connection plans must satisfy the Edison Subarea Sewer Connection Standards, as specified by Board policy. New commercial connections will be required to install an accurate water meter or wastewater flow meter.
(1) Connection Repairs. Any needed repair to a building sewer shall be made within thirty (30) days after the date of mailing or personal service of a notice by the Advisory Board to the owner of the property. All repairs to a building sewer shall be done at the property owner’s expense. In the event of an emergency, the Advisory Board may establish a shorter period of time for the repairs to be made. If the owner cannot be located or does not promptly make such repairs, the Advisory Board may cause such repairs to be completed. An amount of one hundred ten (110) percent of the cost of repair shall be added to the property owner’s subsequent year’s tax assessment in such cases. Repairs to components of the sewer connection downstream of the influent flange of the septic or grease interceptor tank shall be the responsibility of the Advisory Board.
(2) New Connections. Prior to the construction, installation and operation of a new sewer connection, the property owner shall: (a) submit Sewer Connection Plans to the Advisory Board for review and approval by its engineer, or designee, (b) sign an easement agreement with the County on behalf of the Edison Subarea, and (c) pay any and all fees and charges as required by SCC 12.64.130 to the County Treasurer on behalf of the Edison Subarea.
(3) Review of Sewer Connection Plans. The Edison Subarea’s engineer shall review and approve or reject submitted Sewer Connection Plans prior to commencement of any construction, and the Edison Subarea’s designee shall conduct inspections of said sewer connection, including septic and/or grease interceptor tank installation, prior to operation.
(4) Inspection of Sewer Connections. The applicant for a new sewer connection shall notify the Advisory Board at least forty-eight (48) hours before the tank installation and side sewer is ready for inspection and connection to the community sewer. The Advisory Board shall schedule all necessary inspections. No backfilling is allowed until all proper inspections are made. Pipe not inspected in this manner shall be exposed for inspection at the applicant’s expense before wastewater service will be initiated. In the event that backfilling must proceed due to high groundwater conditions prior to the inspection, the applicant and/or installer shall document all work by way of dated and labeled photographs.
(5) Workmanship. All excavations for new sewer connections, including tank installations, shall be adequately guarded with barricades and lights so as to protect the public from hazard. Streets, sidewalks, parkways, and other property disturbed in the course of the work shall be restored to their original condition or better in a manner satisfactory to the Advisory Board. The installation of the building sewer and tank(s), and the connection of the side sewer to the community sewer main shall be made by a qualified, bonded, and licensed and certified installer.
(6) Hold Harmless, Warranty, Performance Bond, and Insurance. As an approval precondition for all new connections, the property owner shall be required to submit a document that will indemnify and hold harmless the Advisory Board, Skagit County and/or their agents, contractors, etc., against any damage to personal or public property or personal injury caused by the performance of such actions in a form acceptable to the Advisory Board. In addition, the property owner shall provide a warranty of all materials and workmanship used in connection with any such actions for a minimum period of two (2) years from the date of acceptance of said actions by the Advisory Board. (Ord. O20040001 (part))
12.64.120 Maintenance of the system.
The Advisory Board’s representative shall be authorized to enter upon premises connected to the community sewer system to conduct regular maintenance tasks such as inspection, cleaning and repair as well as other activities required for an efficiently operated system such as smoke testing or measuring solids accumulated within the septic tanks and/or grease traps.
(1) Right of Inspection. The Advisory Board’s representative shall be authorized to enter upon premises served by any building sewer or connected to the community sewer at all reasonable hours to ascertain or make necessary tests as to whether the provisions of local, state and federal laws relative to sewerage have been complied with. The easement signed by the property owner allows entry for this purpose. In the event that entry is refused, necessary steps shall be taken to make application for a search warrant to accomplish the appropriate inspection.
(2) Repair Order. If said sewer, or its attachments, are in conflict with the provisions of any law or resolution in regard thereto, the owner of said premises, or his agent, shall be notified to cause said sewer or its attachments to be so altered, repaired or reconstructed at the owner’s expense, so as to make them conform to the requirements established by the Advisory Board.
(3) Easements. All property owners are required to have on file with the County an easement entitling the County to construct, inspect, repair, maintain and/or connect to the Edison Subarea Community Sewer System. Additions resulting only in additional flow through existing on-site components will not require an additional easement. (Ord. O20040001 (part))
12.64.130 Assessments, fees and other charges.
The Board of County Commissioners shall set annual assessments as part of the County’s annual budget process. The recommended annual assessment amounts shall be determined by the Advisory Board and shall be based upon equivalent residential units (ERUs). The minimum of one (1.0) ERU shall be charged for each connected service. All residential customers shall be assessed one (1.0) ERU.
All Commercial customers (including the Edison School) shall be charged an assessment based upon flow and strength of flow. The charge for flow will be determined using the water usage records and will be ERU-based. The charge for strength of flow will be assessed using a surcharge for flow above predetermined residential-strength levels as determined by the Advisory Board.
The Advisory Board shall, through adopted policy, establish, adjust, and amend the amount of all fees and charges applicable to services within the Edison Subarea.
(1) Annual Assessments, once imposed on any property or building, shall continue until the serviced building is demolished, torn down, removed or no longer in existence or unless it can be shown by affidavit that the building could not be serviced because of lack of water. Discontinuation of the Annual Assessment shall be based upon a formal request to the Advisory Committee. Disconnection from the sanitary sewer system shall be in accordance with the requirements of Skagit County.
(2) Annual Assessment billings shall be mailed to the owner of record (noted as the taxpayer on the County Assessor/Treasurer’s real property assessment roll) of the property on which the structure so served is located so far as the County may reasonably ascertain the same. Failure to receive such bills shall not relieve any person liable therefor from the obligation to pay the same or from paying penalty and interest charges, 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.
(3) All new residential connections shall pay, in addition to the other fees, a prorated share of the current year’s annual assessment. This fee shall be paid in full prior to the commencement of services.
(4) All new commercial customers (including change in use customers) shall pay an advance assessment deposit equal to two (2) times the current residential annual assessment amount. Once flow and strength testing has been completed and the actual current-year prorated annual assessment for the commercial connection has been determined, any surplus deposit funds shall be refunded to the customer. This fee shall be paid in full prior to the commencement of service.
(5) All new commercial customers (including change in use customers) shall also pay a waste-testing fee, in an amount to be determined by Advisory Board Policy, to offset the actual cost of testing the waste strength for the purpose of establishing the annual assessment amount for the new commercial customer. This fee shall be paid in full prior to the commencement of service.
(6) Capital Assessment Fee. Any property or portions thereof (excluding prepaid connections) desiring a new connection or an existing customer desiring additional flow, or an existing customer with a change in use shall be required to pay a Capital Assessment Fee as a precursor to receiving service. Such charge shall reflect an apportionment to the connector of a pro rata portion of the capital cost of installation of the permanent sewer system. The capital assessment fee shall be ERU-based and rounded to the nearest one-quarter ERU (1/4 ERU). Existing customers desiring additional flow or existing customers with a change in use shall pay a prorated capital assessment fee equivalent to the amount of additional flow.
(7) Latecomer’s Fee. In addition to the Capital Assessment Fee, a latecomer’s fee will be charged to all new customers (excluding prepaid connections) amounting to five (5) percent of the original Capital Assessment Fee for each year or portion thereof between the time of system construction (1999) and the latecomer service connection.
(8) Plan Review/Inspection. This fee shall be charged, as a precursor to the accepting of a new connection application, to cover the costs of plans review and inspection.
(9) Return Inspection Fee. If circumstances or conditions require return inspection(s) of completed septic tank installations and/or sewer connections, including appurtenances thereto, the owners or developers requesting a return inspection shall pay a return inspection fee.
(10) Additional Costs. Additional costs incurred by the Edison Subarea or its contractors over and above the minimum fee will be charged to the owner or developer on a time and materials basis. All additional fees must be paid in full prior to the Edison Subarea approving and allowing the use of the new sewer connections. (Ord. O20040001 (part))
12.64.140 Right of entry, enforcement, appeals and liens.
Right of entry shall be governed by SCC 12.05.270. Enforcement of any violation of any provision in this Chapter shall be governed by SCC 12.05.280. Appeals shall be governed by SCC 12.05.290.
In the event that any person, or commercial entity fails to pay any fee or charge as set forth in this Chapter within sixty (60) days after the same is billed by the County, the unpaid balance plus interest shall become and remain a lien against the property.
(1) Lien Attachment. The Advisory Board shall certify periodically the delinquencies to the Skagit County Assessor/Treasurer at which time the lien shall attach.
(2) Lien Interest. The lien shall be for all charges and interest at the current rate to be determined by the Skagit County Assessor/Treasurer to be applied from the date due until paid, and shall attach to the premises to which the services were furnished.
(3) Lien Foreclosure. Upon the expiration of sixty (60) days after the attachment of the lien herein, the County may bring suit in foreclosure by civil action in the Skagit County Superior Court. (Ord. O20040001 (part))
12.64.150 Unlawful use of the system.
Except as hereinafter provided, it shall be unlawful to construct or maintain any privy, privy vault, septic tank, cesspool or other sewage holding facility intended or used for the disposal of wastewater within the boundaries of the Edison Subarea service area, except as permitted by this Chapter or by Chapter 12.05 SCC. This does not include portable privies or other temporary wastewater disposal systems, such as those used at construction sites.
(1) Acceptable Waste. It shall be unlawful for any person to place, deposit or permit to be deposited in an unapproved and unacceptable manner into the community sewer system any human excrement, garbage, hazardous wastes, and/or other unlawful wastes except in accordance with the standards established by Skagit County.
(2) Damaging Waste. No discharge that will result in plugging of the pipelines or damage to or interference with the operation of the treatment and disposal facilities is allowed.
(3) Unlawful Waste. Under no conditions shall unlawful waste be discharged into or be placed where it may find its way into, or be allowed to run, leak, leach or escape into any part of the sanitary sewer system. Unlawful waste includes gasoline, fuel oil, toxins, flammable or explosive liquids or any material that will adversely impact the biological treatment process.
(4) Corrosive Waste. No person shall discharge or cause to be discharged any substances, materials, or wastes in quantities or concentration that will cause corrosive damage or hazard to structures, equipment, or personnel of the wastewater facilities, and in no case will discharges be allowed with a pH outside of the limits established by the Advisory Board.
(5) Oil Waste. No person shall discharge or cause to be discharged any substances, materials, or wastes that contain nonbiodegradable oils of mineral or petroleum origin, or that contain biodegradable floatable fats, oils, or grease in excess of the standards established by the Advisory Board.
(6) Prohibited Wastes. No person shall discharge or cause to be discharged any substances, materials, or wastes including, but not limited to: antifreeze, solvents, strong acids and bases (other than very small amounts of bleach), dyes, drain cleaners, slugs or deposited solids resulting from an industrial or pretreatment process, any liquid or vapors having a temperature higher than one hundred forty (140) degrees Fahrenheit, any waters or wastes containing iron, chromium, copper, zinc, antimony, arsenic, barium, beryllium, boron, cadmium, lead, manganese, mercury, nickel, selenium, silver, tin, and similar objectionable or toxic metal substances; or wastes exerting an excessive treatment requirement.
(7) High Temperature Waste. No person shall discharge through any approved grease trap wastewater with temperatures in excess of one hundred forty (140) degrees Fahrenheit or waste from a food disposal unit.
(8) Storm Drain Waste. No person shall discharge or cause to be discharged any storm drainage water, surface water, roof runoff, or subsurface drainage into the sanitary sewer system. Persons discharging swimming pool water, unpolluted cooling water, or unpolluted industrial cooling or process water into the sanitary sewer system shall be charged commercial sewer service rates based on flow, BOD and suspended solids. Connection of roof downspouts, foundation drains, cellar drains, sump pumps, area drains, or other sources of surface runoff or groundwater to a building sewer or building drain, which in turn is connected to the community sewer, is prohibited.
(9) Foreign Matter. It shall be unlawful for any person to maliciously or willfully break, damage, destroy, uncover, deface or tamper with any structure, appurtenance or piece of equipment which is part of the sewer facilities by throwing, dumping, discharging or otherwise introducing any dirt, rocks, sticks, debris, or other foreign matter into the community sewer system.
(10) Septage. It shall be unlawful for anyone to discharge the contents of any septic tank, cesspool, chemical toilet, or sewage-holding tank into the Edison Subarea community sewer system. All septage shall be hauled off-site by an approved hauler and disposed of in compliance with County regulations.
(11) Unauthorized Connections. Any unauthorized connection, opening or use of the community system will not be allowed. The property owner will be notified by registered mail to disconnect and repair the unauthorized connection, opening, or use. After thirty (30) days, if the work has not been completed, the Advisory Board shall cause the work to be performed and will add one hundred ten (110) percent of the cost to the property owner’s subsequent year’s tax assessment.
(12) Disconnection. No structure may be disconnected from a building sewer and no building sewer may be disconnected from a public sewer for any reason without prior written notification to, and approval by the Advisory Board. No approval shall be given unless the disconnection is lawful under County regulations and other applicable laws, and satisfactory protection is given by the owner or his contractor to the public sewers of the County including, but not limited to, the satisfactory capping of the building sewer. Sewer service charges for any structure disconnected or to be disconnected shall continue until the County approves such disconnection and the building sewer is capped and otherwise protected to the satisfaction of the Advisory Board. (Ord. O20040001 (part))