Chapter 12.05 SEWER SYSTEM

(1) “Biochemical oxygen demand” or “BOD” means the quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory procedure in five days at 20 degrees C, expressed in milligrams per liter.

(2) “Building drain” means that part of the lowest horizontal piping of a drainage system which receives the discharge from soil, waste, and other drainage pipes inside the walls of the building and conveys it to the building sewer, beginning five feet (1.5 meters) outside the inner face of the building wall. The building drain shall be owned and maintained by the customer.

(3) “Building sewer” means the extension from the building drain to the public sewer or other place of disposal. The building sewer shall be owned and maintained by the customer.

(4) “Combined sewer” means a sewer receiving both surface water and sewage.

(5) “Connection” means sewer service provided through a septic tank to residential, commercial, industrial or institutional consumers from the sewage works.

(6) “County” means Yakima County.

(7) “Customer” or “consumer” means any individual, firm, company, association, society, hospital, church, corporation or group provided service from the sewage works.

(8) “Director” means the Yakima County director of public services or his designee.

(9) “Due date” means the date twenty-one days after the billing date.

(10) “Dwelling” means a building or portion thereof designed exclusively for residential purposes, including one-family, two-family and multiple-family dwellings, but shall not include hotels, motels, boardinghouses and lodging houses.

(11) “Dwelling unit” means one or more rooms in a dwelling designed for the occupancy of one family for living or sleeping purposes.

(12) “Equivalent dwelling unit” or “EDU” means any residential or nonresidential use which has been found by the director to place a demand on the sewage works approximately equal to the demands thereon by a dwelling unit.

(13) “Extension” means continuation of the sewage works to serve additional customers.

(14) “Failure of an on-site sewage system” means a condition of an on-site sewage system that threatens the public health by inadequately treating sewage or by creating a potential for direct or indirect contact between sewage and the public. Examples of failure include but are not limited to:

(a) Sewage on the surface of the ground;

(b) Sewage backing up into a structure caused by soil absorption of septic tank effluent;

(d) Cesspools or seepage pits where evidence of ground water or surface water quality degradation exists; or

(e) Inadequately treated effluent contaminating ground water or surface water.

(15) “Family” means an individual, or two or more persons related by blood or marriage, or a group of not more than five persons, who are not related by blood or marriage, living together as a single housekeeping unit in a dwelling unit.

(16) “Garbage” means solid wastes from the domestic and commercial preparation, cooking, and dispensing of food, and from the handling, storage and sale of produce.

(17) “Industrial wastes” means the liquid wastes from industrial manufacturing processes, trade or business, as distinct from sanitary sewage.

(18) “Multiple dwelling unit” means a building or arrangement of buildings or portions thereof, used or intended to be used as the home of two or more families or householders living independently of each other.

(19) “Natural outlet” means any outlet into a watercourse, pond, ditch, lake, or other body of surface water or groundwater.

(20) “Person” means any individual, firm, company, association, society, corporation or group.

(21) “pH” means the logarithm of the reciprocal of the weight of hydrogen ions in grams per liter of solution. This is used to measure acidity of a solution.

(22) “Properly shredded garbage” means the wastes from the preparation, cooking and dispensing of food that have been shredded to such a degree that all particles will be carried freely under the flow conditions normally prevailing in public sewers, with no particle greater than one-half inch (1.27 centimeters) in any dimension.

(23) “Public sewer” means a sewer in which all owners of abutting properties have equal rights, and which is controlled by public authority.

(24) “Sanitary sewer” means a sewer which carries sewage and to which stormwater, surface water and groundwater are not intentionally admitted.

(25) “Septic tank” means a sewage disposal tank in which a continuous flow of waste material is decomposed by anaerobic bacteria.

(26) “Service charge” means the minimum monthly or bimonthly charge for service provided by the sewage works per equivalent dwelling unit.

(27) “Service line” means the sewer line connection from the septic tank inlet to the structure or facility served and shall be owned and maintained by the customer.

(28) “Sewage” or “wastewater” means a combination of the water-carried wastes from residences, business buildings, institutions and industrial establishments, together with such groundwater, surface water, and stormwater as may be present.

(29) “Sewage treatment plant” means any arrangement of devices and structures used for treating sewage.

(30) “Sewage works” means all facilities for collecting, pumping, treating and disposing of sewage.

(31) “Sewer” means a pipe or conduit for carrying sewage.

(32) “Sewer connection permit charge” means the initial charge paid prior to connection to the public sewer for a permit to connect to the sewage works.

(33) “Shall” is mandatory; “may” is permissive.

(34) “Single dwelling unit” means a building arranged or designed to be occupied by not more than one family or household.

(35) “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 of flows during normal operation.

(36) “Storm drain” or “storm sewer” means a sewer which carries stormwater and surface water and drainage, but excludes sewage and industrial wastes, other than unpolluted cooling water.

(37) “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 laboratory filtering.

(38) “Wastewater” – see definition for “Sewage.”

(39) “Watercourse” means a channel in which a flow of water occurs, either continuously or intermittently.

(Ord. 5-2008 § 1, 2008: Ord. 9-1997 § 1, 1997: Ord. 2-1993 Ch. 1 (part), §§ 1.1 – 1.36, 1993).

ARTICLE II – OPERATION, ADMINISTRATION AND ENFORCEMENT

12.05.020 County to Operate Sewage Systems.

The director is hereby empowered to develop, design and operate a county sewage works system.

(Ord. 2-1993 § 2.01, 1993).

12.05.030 Connection Required for Service.

Each separate dwelling, building or structure shall be connected in accordance with the provisions of this chapter before the county will provide sewage service.

(Ord. 2-1993 § 2.02, 1993).

12.05.040 Service Pipes and Connections.

All sewer pipes and connections, including the septic tank, shall be placed in the county road right-of-way or utility easement, as directed by the director, and shall be furnished, installed and maintained by and under the exclusive control and supervision of the director. The property owner shall be solely responsible for maintaining the sewer service line on the building side of the septic tank.

(Ord. 2-1993 § 2.03, 1993).

12.05.050 Public Services Director – Powers and Duties.

The director shall supervise and be responsible for development, design, construction, excavations, repairs, connections, maintenance, operation and administration of the county sewage works, and shall enforce the rules and regulations provided in this chapter.

The public services director shall also reserve sufficient treatment capacity to connect those homes, constructed and occupied prior to the completion of the waste water treatment system, that are located within the service area as it existed when the treatment plant was constructed, when and if their septic systems are determined to have failed as provided for elsewhere in this chapter.

(Ord. 5-2008 § 2, 2008: Ord. 2-1999 § 1, 1999: Ord. 2-1993 § 2.04, 1993).

12.05.060 Inspection and Enforcement.

The director and other duly authorized employees of the county bearing proper credentials and identification shall be permitted no enter private property for the purposes of inspection, observation, measurement, sampling, and testing for the enforcement of the provisions of this chapter.

(Ord. 2-1993 § 7.01, 1993).

ARTICLE III – USE OF PUBLIC SEWERS REQUIRED

12.05.070 Deposit of Unsanitary 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 county, or in any area under the jurisdiction of the county, any human or animal excrement, garbage, or other objectionable waste.

(Ord. 2-1993 § 3.01, 1993).

12.05.080 Discharge to Natural Outlets Unlawful – Exceptions.

It is unlawful to discharge to any natural outlet within the county, or in any area under the jurisdiction of the county, any sewage or other polluted waters, except where suitable treatment has been provided in accordance with subsequent provisions of this chapter.

(Ord. 2-1993 § 3.02, 1993).

12.05.090 Private Sewage Systems Prohibited – Exceptions.

Except as hereinafter provided, it shall be unlawful to construct or maintain any privy, privy vault, septic tank, cesspool, or other facility intended or used for the disposal of sewage.

(Ord. 2-1993 § 3.03, 1993).

12.05.100 Connection to County System Required – For Buildings or Structures Constructed or Placed on a Parcel on or After August 26, 1997.

The owner of all buildings constructed or placed on a parcel after August 26, 1997, which require plumbing fixtures by other code or regulation, situated within the service area of a public or combined sewer of the county and abutting on any street, alley or right-of-way in which there is now located or may in the future be located a public sanitary or combined sewer of the county, is hereby required, at the owner’s expense, to connect such buildings with the proper public sewer in accordance with the provisions of this chapter, prior to occupancy.

(Ord. 9-1997 § 2, 1997: Ord. 2-1993 § 3.04, 1993).

12.05.105 Connection to County System Required for Septic Systems that Have Failed – For Buildings or Structures Constructed or Placed on a Parcel Prior to August 26, 1997.

The owner of all buildings constructed or placed on a parcel prior to August 26, 1997, which require plumbing fixtures by other code or regulation, situated within the service area of a public or combined sewer of the county and abutting on any street, alley or right-of-way in which there is now located a public sanitary or combined sewer of the county, is hereby required, at the owner’s expense, to connect such buildings with the proper public sewer in accordance with the provisions of this chapter, when the septic system serving the property has failed. Connection to the sewer system must be completed within sixty days after official notice to do so has been received.

(Ord. 9-1997 § 3, 1997).

12.05.110 Application for Service.

All applications for sewage service installation shall be made at the office of the public services department on forms furnished by the county. The applicant shall supplement the application with such information as deemed necessary by the director. All applications shall be made by the owner of the property to be served or his authorized agent, and all accounts shall be in the name of the owner of such property. No person shall make any connection to the sewage works or add any additional unit to an existing connection without first obtaining a permit as required in this section.

(Ord. 5-2008 § 3, 2008: Ord. 2-1993 § 3.05, 1993).

12.05.120 Separate Connection Required for Each Unit.

Each residential structure, business structure or industrial structure connecting to the sewage works shall be considered an individual customer and shall be supplied through a separate service connection, unless otherwise approved in writing by the director.

(Ord. 2-1993 § 3.06, 1993).

12.05.130 Building or Property Once Connected Must Continue to Use Public System.

Any building, mobile home or other structure connected to the public system must continue to receive sewage service from the public sewage works and shall not receive sewage service from any other source.

(Ord. 2-1993 § 3.07, 1993).

12.05.140 Leaks and Damages – Responsibility.

All service lines between the septic tank inlet and the customer’s building being served, and all sewage works lying in, on or under the customer’s building are the property of the customer. The county shall not be responsible for the maintenance of such lines or works. Owners of service lines and sewage works are responsible for their maintenance and repair.

(Ord. 9-1997 § 4, 1997: Ord. 2-1993 § 3.08, 1993).

ARTICLE IV – PRIVATE SEWAGE DISPOSAL

12.05.150 Private Sewage System – When Permitted.

Where a public sanitary or combined sewer is not available, or approval to construct a private sewage disposal system has been obtained from the director, the building sewer shall be connected to a private sewage disposal system complying with the provisions of this chapter.

(Ord. 9-1997 § 5, 1997: Ord. 2-1993 § 4.01, 1993).

12.05.160 Approval Required Before Construction.

Before commencement of construction of a private sewage disposal system, the owner shall first obtain a written statement signed by the director indicating that connection to the public sewer is not required.

(Ord. 2-1993 § 4.02, 1993).

12.05.170 Type, Capacity, Location and Layout Specifications.

The type, capacities, location and layout of a private sewage disposal system shall comply with all recommendations of the State Department of Health.

(Ord. 2-1993 § 4.03, 1993).

12.05.180 Cleaning and Abandonment of Private System.

Upon connection to the public sewer, those parts of the private sewage disposal system no longer needed shall be cleaned of sludge and they shall be removed or filled with clean bank-run gravel or dirt.

(Ord. 9-1997 § 6, 1997: Ord. 2-1993 § 4.04, 1993).

12.05.190 Operation and Maintenance.

The owner shall operate and maintain the private sewage disposal facilities in a sanitary manner at all times, at no expense to the county.

(Ord. 2-1993 § 4.05, 1993).

12.05.200 Additional State Department of Health Requirements.

This chapter shall not be construed to supersede any additional requirements that may be imposed by the Washington State Department of Health.

(Ord. 2-1993 § 4.06, 1993).

ARTICLE V – BUILDING SEWERS AND CONNECTIONS

12.05.210 Permit Requirements for Work on System.

No unauthorized person shall uncover, make any connections with or opening into, use, alter or disturb any public sewer or appurtenance thereof without first obtaining a written permit from the director.

(Ord. 2-1993 § 5.01, 1993).

12.05.220 Building Sewer Costs.

All costs and expense incident to the installation and connection of the building sewer shall be borne by the owner. The owner shall indemnify the county from any loss or damage that may be, either directly or indirectly, caused by or arise from the installation of the building sewer.

(Ord. 2-1993 § 5.02, 1993).

12.05.230 Separate Building Sewer for Every Building.

A separate and independent building sewer shall be provided for every building; except, where one building stands at the rear of another on an interior lot and no private sewer is available or can be constructed to the rear building through an adjoining alley, court, yard or driveway, the building sewer from the front building may be extended to the rear building and the whole considered as one building sewer.

(Ord. 2-1993 § 5.03, 1993).

12.05.240 Use of Old Building Sewers.

An old building sewer may be used in connection with a new building only after the director, upon examination and testing (if deemed necessary by the director), makes a written finding that the sewer meets all requirements of this ordinance.

(Ord. 2-1993 § 5.04, 1993).

12.05.250 Construction – Methods and Specifications.

The size, slope, alignment, materials of construction, and the methods to be used in excavating, placing of the pipe, jointing, testing and backfilling the trench of all sewers, shall conform to the requirements of the building and plumbing code or other applicable rules and regulations of the county. In the absence of code provisions or in amplification thereof, the materials and procedures set forth in appropriate specifications of the American Society for Testing and Materials (ASTM) and Water Pollution Control Federation (WPCF) Manual of Practice No. 9 shall apply.

(Ord. 2-1993 § 5.05, 1993).

12.05.260 Construction – Safety Barricades – Restoration Work.

(1) All excavations for building sewer installation shall be adequately guarded with barricades and lights to protect the public from hazard.

(2) Streets, sidewalks, parkways, and other public property disturbed in the course of the work shall be restored in a manner satisfactory to the Director. No work shall be performed within county road right-of-way without a permit approved by the director.

(Ord. 2-1993 § 5.10, 1993).

12.05.270 Building Sewer Elevation.

Whenever possible, the building sewer shall be brought to the building at an elevation below the basement floor. In all buildings in which any building drain is too low to permit gravity flow to the public sewer, sanitary sewage carried by such building drain shall be lifted by an approved means and discharged to the building sewer.

(Ord. 2-1993 § 5.06, 1993).

12.05.280 Connection to Public Sewer – Specifications.

The connection of the building sewer into the public sewer shall conform to the requirements of the building and plumbing code or other applicable rules and regulations of the county, or the procedures set forth in appropriate specifications of the ASTM and the WPCF Manual of Practice No. 9. All such connections shall be made gastight and watertight. Any deviation from the prescribed procedures and materials must be approved by the director before installation.

(Ord. 2-1993 § 5.08, 1993).

12.05.290 Connecting Sources of Surface Water and Runoff Prohibited.

No person shall make connection of roof downspouts, exterior foundation drains, areaway drains, or other sources of surface runoff or ground water to a building sewer or building drain which is connected directly or indirectly to a public sanitary sewer.

(Ord. 2-1993 § 5.07, 1993).

12.05.300 Request for Inspection.

The applicant for the building sewer permit shall notify the director when the building sewer is ready for inspection and connection to the public sewer. The connection shall be made under the supervision of the director.

(Ord. 2-1993 § 5.09, 1993).

ARTICLE VI – USE OF THE PUBLIC SEWERS

12.05.310 Runoff and Other Unpolluted Water – Discharge Restrictions.

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 into any sanitary sewer.

(Ord. 2-1993 § 6.01, 1993).

12.05.320 Stormwater and Unpolluted Drainage.

Stormwater and all other unpolluted surface water drainage shall be discharged only into sewers which are specifically designated as combined sewers or storm sewers, or into a natural outlet approved by the director. Industrial cooling water or unpolluted process waters may be discharged into a storm sewer, combined sewer, or natural outlet, after approval by the appropriate state agency and the director.

(Ord. 2-1993 § 6.02, 1993).

12.05.330 Prohibited Discharges.

No person shall discharge or cause to be discharged any of the following described waters or wastes into any public sewers:

(1) Any gasoline, benzene, naphtha, fuel oil, or other flammable or explosive liquid, solid or gas.

(2) Any water containing toxic or poisonous solids, liquids, or gases in sufficient quantity, including but not limited to cyanides in excess of 2.00 mg/L as CNN in the waters as discharged to the public sewer, either single or by interaction with other wastes, or 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.

(3) Any water or wastes having a pH lower than 5.5 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, including 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, or milk containers, either whole or ground by garbage grinders, 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.

(Ord. 2-1993 § 6.03, 1993).

12.05.340 Hazardous Discharges Designated – Unlawful.

(1) No person shall discharge or cause to be discharged any of the following described substances if the director determines that such wastes may:

(a) Harm the sewers, sewage treatment process, or equipment;

(b) Have an adverse effect on the receiving stream;

(d) Constitute a nuisance.

(2) The director shall give consideration to such factors as quantities of such substances in relation to flows and velocities in the sewers, materials of construction of the sewers, nature of the sewage treatment process, capacity of the sewage treatment plant, degree of treatability of wastes in the sewage treatment plant, and other factors the director considers relevant.

(3) The substances prohibited include:

(a) Any liquid or vapor having a temperature higher than 150× F (65× C);

(b) Any water or waste containing fans, wax, grease, or oils, whether emulsified or not, in excess of one hundred mg/L or containing substances which may solidify or become viscous at temperatures between 32× F (0× C) and 150× F (65× C);

(c) Any garbage that has not been properly shredded. The installation and operation of any garbage grinder equipped with a motor of three-fourths horsepower (0.76 hp metric) or greater shall be subject to the review and approval of the director;

(d) Any water or waste containing strong acid iron, pickling wastes, or concentrated plating solutions, whether neutralized or not;

(e) Any water or waste containing iron, chromium, copper, zinc, or similar objectionable or toxic substances or waste exerting a chlorine requirement which exceeds the limits established by the director;

(f) Any water or waste containing phenols or other taste-or-odor- producing substances in concentrations that, after treatment of the composite sewage, exceed limits which the director is hereby authorized to establish as necessary to meet the requirements of state, federal, or other public agencies;

(g) Any radioactive wastes or isotopes of such half-life or concentration that exceed limits which the director is hereby authorized to establish in compliance with applicable state or federal regulations;

(h) Any water or waste having a pH in excess of 9.5.

(i) Materials which exert or cause:

(i) Uncommon concentrations of inert suspended solids, including but not limited to Fullers earth, lime slurries, and lime residues, or dissolved solids including but not limited to sodium chloride and sodium sulfate,

(ii) Uncommon discoloration, including but not limited to dye wastes and vegetable tanning solutions,

(iii) BOD, chemical oxygen demand or chlorine requirements in such quantities as to constitute a significant load on the sewage treatment works,

(iv) Volume of flow or concentration of wastes constituting “slugs”;

(j) Water or waste containing substances which are not amenable to treatment or reduction by the sewage treatment processes employed or which treatment prevents the sewage treatment plant effluent from meeting the requirements of other agencies having jurisdiction over discharge to the receiving waters.

(Ord. 2-1993 § 6.04, 1993).

12.05.350 Pretreatment or Equalization of Flows.

(1) If any water or waste is discharged, or proposed to be discharged into the public sewers, which contains the substances or possesses the characteristics enumerated in this chapter, and which in the judgment of the director, may have a deleterious effect upon the sewage works, processes, equipment or receiving waters, or which otherwise creates a hazard to public health or constitute a public nuisance, the director may:

(a) Reject the wastes;

(b) Require pretreatment to an acceptable condition for discharge into the public sewers;

(d) Require payment to cover the cost of handling and treating the waste.

(2) If the director permits the pretreatment or equalization of waste flows, the design and installation of such pretreatment plants and equipment shall be subject to the review and approval of the director and shall meet or exceed the requirements of all applicable codes, ordinances and laws.

(Ord. 2-1993 § 6.05, 1993).

12.05.360 Grease, Oil and Sand Interceptors.

Grease, oil and sand interceptors shall be provided by the customer when, in the opinion of the director, they are necessary for the proper handling and pretreatment of liquid wastes containing grease in excessive amounts, flammable substances, sand, or other harmful ingredients, except that such interceptors shall not be required for dwellings. All interceptors shall be of a type and capacity approved by the director and shall be located where easily accessible for cleaning and inspection.

(Ord. 9-1997 § 7, 1997: Ord. 2-1993 § 6.06, 1993).

12.05.370 Preliminary Treatment or Flow-Equalizing Facilities.

Preliminary treatment or flow-equalizing facilities shall be maintained continuously in satisfactory and effective operation by the owner.

(Ord. 2-1993 § 6.07, 1993).

12.05.380 Industrial Waste – Control Manhole Requirements.

The owner of any property serviced by a building sewer carrying industrial wastes shall install and maintain a control manhole, meters and other appurtenances in the building sewer, as required by the director, to facilitate observation, sampling, and measurement of the wastes. Such manhole shall be accessible and safely located and shall be constructed in accordance with plans approved by the director.

(Ord. 2-1993 § 6.08, 1993).

12.05.390 Industrial Waste – Acceptance by Special Agreements.

The county and an industrial customer may enter into an agreement whereby industrial waste of unusual strength or character may be accepted by the county for treatment, subject to payment by the industrial customer.

(Ord. 2-1993 § 6.10, 1993).

12.05.400 Measurements, Tests and Analyses of Wastes.

(1) All measurements, tests and analyses of the characteristics of water and waste to which reference is made in this chapter shall be determined from samples taken at the control manhole in accordance with the latest edition of “Standard Methods for the Examination of Water and Wastewater,” published by the American Public Health Association. In the event that no manhole has been required, the control manhole shall be the first manhole in the public sewer downstream from the point at which the building sewer is connected.

(2) Sampling shall be carried out by customarily accepted methods to reflect the effect of constituents upon the sewer works and to determine the existence of hazards to persons and property.

(Ord. 2-1993 § 6.09, 1993).

12.05.405 City of Yakima Wastewater Customers.

Chapter 7.65 of the City of Yakima Municipal Code entitled “Sewer Use and Pretreatment Regulations,” as it now exists or may hereafter be amended, is hereby adopted by reference and shall apply to all wastewater customers in unincorporated areas located outside the City of Yakima’s boundaries that discharge wastewater other than domestic wastewater to the City of Yakima’s wastewater treatment system. Failure to comply shall subject the customer to the enforcement provisions of Part 8 of said chapter.

(Ord. 5-2008 § 4, 2008).

ARTICLE VII – RATES AND CHARGES

12.05.410 Sewer Connection Permit Charge.

(1) A connection permit charge of one thousand two hundred fifty dollars ($1,250) per equivalent dwelling unit shall be paid to the county prior to making any connection to the Buena public sewer system.

(2) A connection permit charge of one thousand two hundred fifty dollars ($1,250) per equivalent dwelling unit shall be paid to the county prior to making any connection to the Mountain Shadows public sewer system.

(3) A connection permit charge will not be assessed prior to making a connection to the Fairway Estates public sewer system provided the dwelling unit is included in the original service area established when the system was developed. An account initiation charge will be assessed as provided in Section 12.05.420.

(Ord. 5-2008 § 5, 2008: Ord. 2-1993 § 8.01, 1993).

12.05.420 Account Initiation Charge.

A prepaid thirty-five dollar account initiation charge shall be required for the establishment of new accounts, changing the name of the owner or responsible party at existing connections, and for resumption of sewage service.

(Ord. 2-1993 § 8.04, 1993).

12.05.430 Service Charges.

(1) The minimum monthly service charge for the Buena Sewer System shall be thirty-four dollars ($34) per equivalent dwelling unit.

(2) The minimum monthly service charge for the Mountain Shadows Sewer System shall be forty-seven dollars ($47) per equivalent dwelling unit for a developed lot. The minimum monthly service charge for an undeveloped lot shall be sixteen dollars ($16).

(3) The minimum monthly service charge for the Fairway Estates Sewer System shall be forty-seven dollars ($47) per equivalent dwelling unit for a developed lot. The minimum monthly service charge for an undeveloped lot shall be thirteen dollars ($13).

(Ord. 5-2008 § 6, 2008: Ord. 9-1997 § 8, 1997: Ord. 2-1993 § 8.02, 1993).

12.05.440 Charges Based on Equivalent Dwelling Units – Distribution Schedule.

(1) The sewer connection permit charge and the monthly service charge shall be based upon the equivalent dwelling unit (EDU) for the type of use that is being served. Distribution of equivalent dwelling units shall be as follows:


Type of Use		Unit of Measurement	EDU Per Unit of Measurement
I. Residential
	1. Single-family and multifamily		Each dwelling unit	1.00
	2. Mobile home park		Each home space	1.00
II. Nonresidential
	1. Hotel, Motel, Resort
		(A) Without kitchen	Each room	0.40
		(B) With kitchen	Each room	0.60
	2. Schools		Every 12.5 students	1.00
	3. Churches, Lodges, Clubs
		(A) Without kitchen	Every 100 seats	1.00
		(B) With kitchen	Each kitchen	0.60
		Note: (A) and (B) above are additive
	4. Institutions
		(A) Convalescent/Rest Home	Each bed	0.30
	5. Restaurant, Lounge, Tavern
		(A) Full-service restaurant	Every 6 seats	1.00
		(B) Fast food or tavern	Every 12 seats	1.00

(2) The connection permit charge and the monthly service charge for commercial and industrial uses not specifically identified above shall be based on a separate engineering study by the director. Such study shall assess the utility’s actual costs to serve the specified use.

(Ord. 2-1993 § 8.03, 1993).

12.05.445 Annual Charge Adjustments.

(1) Service charges shall be adjusted annually up to the Consumer Price Index (CPI) for water and sewerage maintenance in the closest applicable area. Adjustments shall be effective as of October 15th each year, and shall be based on increases in the CPI for the previous calendar year.

(2) The number of equivalent dwelling units used to calculate the minimum monthly service charge for nonresidential customers may be adjusted based on an evaluation by the director of the customer’s water consumption records for the previous 12 months. The number of equivalent dwelling units shall be based on 300 gallons per day per equivalent dwelling unit. The evaluation may be requested by the director or the customer. Notice of the results of the evaluation and the adjustment shall be provided to the customer at least 14 days prior to the adjustment taking effect.

(3) The number of equivalent dwelling units used to calculate the minimum monthly service charge for nonresidential customers when water consumption records are not available shall be in accordance with Section 12.05.440.

(Ord. 5-2008 § 7, 2008).

12.05.446 Returned Check Charges.

Checks returned due to insufficient funds shall result in an additional charge of ten dollars ($10) per occurrence. The ten dollar charge will be in addition to applicable county treasurer charges.

(Ord. 5-2008 § 8, 2008).

ARTICLE VIII – BILLING AND COLLECTION

12.05.450 Accounts – Collection Responsibility.

All accounts shall be kept in the office of the county public services department under the name of the property owner and the tenant or occupant if so requested by the property owner and approved by the director. The director shall collect all fees and charges provided by this chapter.

(Ord. 5-2008 § 9, 2008: Ord. 2-1993 § 9.01, 1993).

12.05.460 Billing Procedures.

Billing shall be done on a monthly basis for sewage service provided by the county during the preceding month. Bills and other notices shall be sent to the address of the property owner; provided, that the director may, upon written request by the property owner, cause bills and notices to be sent to the tenant or other occupant of the property served. Deposit of the bill or notice in the U.S. mail, with postage prepaid and addressed to the owner of the property, or other addressee if requested by the owner, shall be evidence of receipt of the bill or notice by the customer.

(Ord. 2-1993 § 9.02, 1993).

12.05.470 Liability for Payment of Charges.

The owner of the premises to which sewage services are provided shall be responsible for all fees and charges. A request by the owner that bills be sent to the tenant or another, which request is approved by the director, shall not relieve the owner of responsibility to pay sewage service charges to the county.

(Ord. 2-1993 § 9.03, 1993).

12.05.480 Due and Delinquency Dates – Notice of Suspension.

All charges for sewage service shall be due and payable on the date of billing and shall become delinquent on the due date. If the charges remain delinquent and unpaid for a period of forty-five days following the due date, the director shall cause a notice of suspension of service to be sent to the property owner and the tenant or other occupant.

(Ord. 5-2008 § 10, 2008: Ord. 9-1997 § 9, 1997: Ord. 2-1993 § 9.04, 1993).

12.05.490 Delinquency Charge – Penalty and Interest.

(1) If the charges for sewage service have not been paid by the due date, a late payment penalty of ten percent (10%) of the previous month’s delinquent charges shall be assessed. The late payment penalty shall only apply to delinquent charges accrued during the previous month and shall not apply to charges accrued prior to the previous month.

(2) Interest at a rate of eight percent (8%) per annum shall be assessed on delinquent charges from the due date until paid. Interest shall be computed on the entire unpaid balance, excluding lien certification costs.

(3) A partial payment on delinquent charges shall first be applied to the oldest unpaid bills.

(Ord. 5-2008 § 11, 2008: Ord. 9-1997 § 10, 1997: Ord. 2-1993 § 9.05, 1993).

12.05.500 Lien for Delinquent Charges.

All charges for sewage connections and service as provided in this article, together with penalties and interest thereon shall be a lien upon the property served. The lien shall be superior to all other liens and encumbrances, except general taxes and local and special assessments of the county.

(Ord. 2-1993 § 9.06, 1993).

12.05.510 Certification of Delinquencies to Treasurer.

The director shall periodically certify delinquencies to the county treasurer at which time the lien shall attach. Upon expiration of sixty days after the attachment of the lien, the lien shall be foreclosed in the same manner as the foreclosure of real property taxes.

(Ord. 2-1993 § 9.07, 1993).

12.05.530 Suspension of Service – Conditions – Hearing Procedures.

(1) As an additional and concurrent method of enforcing the county’s lien for sewage service charges, the director is authorized to suspend service to any premises for which the charges remain unpaid for a period of fourteen days from the date in which the written notice of suspension was served upon or mailed to the property owner and tenant or other occupant.

(2) Such notice of suspension shall state the date upon which service will be suspended, the amount of delinquent charges, and that the customer may request in writing a hearing before the director to contest the suspension.

(3) Within ten days of timely receipt of a request for a hearing, the director or his designee shall conduct a hearing. The customer requesting the hearing shall be notified in writing by mail of the date, time, and place of such hearing. Pending the outcome of the hearing, no service shall be suspended. The customer shall be notified in writing of the decision prior to suspension of service.

(4) When water service is provided from a county system to a premises with delinquent sewerage service charges, the director shall suspend water service to the premises; provided, that no water service shall be suspended until a written notice has been served upon or mailed to the property owner and tenant or other occupant in accordance with Section 12.08.470. Resumption of water service shall be subject to the service charges of Section 12.08.360.

(Ord. 5-2008 § 13, 2008: Ord. 2-1993 § 9.09, 1993).

ARTICLE IX – VIOLATIONS AND PENALTIES

12.05.540 Violation – Nuisance Declared.

Any violation of any provision of this chapter except Article I Sections 12.05.020, 12.05.050, 12.05.440, 12.05.450, 12.05.480, 12.05.490, 12.05.500 and 12.05.510 is declared to be a public nuisance and shall be subject to prevention or abatement in an action at law or equity to the same extent as are other public nuisances.

(Ord. 9-1997 § 11, 1997: Ord. 2-1993 § 10.01, 1993).

12.05.550 Injuring or Destroying Facilities – Gross Misdemeanor – Restitution.

Any person who shall maliciously, willfully, or with gross negligence break, damage, destroy, uncover, deface or tamper with any structure, appurtenance or equipment which is a part of the sewage works shall be guilty of a gross misdemeanor, and shall receive a civil penalty of not more than one thousand dollars in addition to restitution to the county for the cost of repair of any damage resulting from such acts.

(Ord. 9-1997 § 12, 1997: Ord. 2-1993 § 10.03, 1993).

12.05.560 Violation – Penalty.

In addition to any other remedy available to the county, the violation of any provision or the failure to comply with any requirement of this chapter constitutes a misdemeanor punishable by civil penalty of not more than two hundred fifty dollars.

(Ord. 9-1997 § 13, 1997: Ord. 2-1993 § 10.02, 1993).

ARTICLE X – MISCELLANEOUS REGULATIONS

12.05.570 Extension of System.

(1) All sewer line extensions shall extend the entire distance between opposite boundaries of the property to be served unless modified by the public services director.

(2) Any building or structure built or moved to within 200 feet of an existing sewer line for the purpose of residential, business, industrial or institutional use after adoption of the ordinance codified in this section must connect to and obtain service from the public sewer system.

(3) All sewer line extensions shall be located within public right-of-way unless the public services director determines it is necessary to construct the sewer lines on easements across private property.

(4) The applicant requesting the extension will be responsible for design and construction of the extension.

(5) The county may require a larger sewer main to be installed than needed for the applicant’s service requirements. When it does so, the county will bear the additional material cost of the extension.

(Ord. 5-2008 § 14, 2008).