HomeMy WebLinkAbout4454 ORDINANCE qY..q',4/
AN ORDINANCE segregating operations of the City utilities" stormwater system
from the wastewater system, establishing best management practices for source
control and a rate structure for stormwater, and amending Title 15 of the Bremerton
Municipal Code.
THE CITY OF BREMERTON DOES HEREBY ORDAIN:
Section 1. Amendment. Title 15 of the Bremerton Municipal Code is amended
according to Exhibit " A" attached hereto and incorporated by reference herein.
Section 2. Amendment. Ordinance No. 4442 setting utility rates and charges~ Section
I, IV(b)(1), is amended to read as follows:
IV. STORMWATER
(b) RATES:
(1) Retail Stormwater Service Rates.
Monthly Service Charge
City County
Single Family
Base Charge $4.00/Acct N/A
Low Income Senior Citizen and
Low Income Disabled Citizen
Rate $2.50/Acct N/A
Multiple Family
Base Charge $4.00/Acct N/A
Commodity Charge -0-
S'¥~)RM.IRS - Ordinance Disk 2 - 3/24/94 1
Commercial
Base Charge $4.00/Acct N/A
Commodity Charge -0-
Section 3. Effective Date. This ordinance shall become effective ten (10) days from
,;sage and publication.
APPROVED by the City Council of the City of Bremerton this ~o day of
~',.,~,.~x... , 1994.
PASSED by the City Council of the City of Bremerton this (o day of
EILEEN FITZ, Counc~l'~res~dent
APPROVED this ~ day of ,1994.
HORTON, Mayor
ATTEST:
i.:ATHLEEN McCLUSKEY, Cit~ Clerk
:'I',,RM.IRS -Ordinance Disk 2-3/24/94 2
EXHIBIT "A"
TITLE 15
MUNICIPAL UTILITIES
Chapters:
15.01 General Provisions
15.02 Water
15.03 Wastewater
15.04 Stormwater
15.05 (Reserved)
15.06 Assessments, Rates, Fees and Charges
15.07 Utility Billing
15.08 Appeals
CHAPTER 15.01
GENERAL PROVISIONS
Sections:
15.01.010 Utility operations.
15.01.020 Definitions.
15.01.030 Utility service agreement.
15.01.040 Conditions of service - Retail.
15.01.050 Condition of service - Contract.
15.01.060 Penalty for false information.
15.01.070 Developer system improvement - Agreements.
15.01.080 Developer system improvements - Fees.
15.01.090 Developer system improvements - Reimbursement.
15.01.100 System development and construction standards.
15.01.110 Utility permit required.
15.01.010 UTILITY OPERATIONS. It is the purpose of this Title to regulate City
Utility operations so as to provide continued safe and reliable utility service to the residents of the
City of Bremerton and to those non-residents the City agrees to serve. It is the City's policy to
provide sufficient revenue from those served through the fees and rates of this Title to support the
costs of operation, capitalization and debt service of the municipal utilities.
Municipal utilities shall include water, wastewater, and stormwater systems, and those
operations related to the efficient administration of these systems and their assets. (Ord. 4309 {}2
(in part), 1991).
15.01.020 DEFINITIONS. The terms used in Title 15 shall mean the following, except
where the context otherwise requires:
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(a)(1) "Average daily" shall mean the total quantity divided by the number of days of
waste or storm water discharge or water use by the typical user in a user class.
(2) "As-graded" means the extent of surface conditions on completion of grading.
(b)(1) "Backflow" shall mean the flow other than in the intended direction of flow of
water or any foreign liquids, gases, or substances into the distribution system of the public water
supply.
(2) "Backflow prevention device" shall mean a device to counteract back pressure
and prevent back siphonage or back flow.
(3) "Basin plan" means a plan and all implementing regulations and procedures
including but not limited to land use management adopted by ordinance for managing surface
and storm water management facilities and features within individual subbasins.
(4) "Best Management Practice" or 'BMP" means physical, structural, and/or
managerial practices that, when used singly or in combination, prevent or reduce pollution of
water, and have been approved by Washington State Department of Ecology. BMPs are listed
and described in the Manual.
(5) "BOD" (denoting biochemical oxygen demand) shall mean the quantity of oxygen
utilized in the biochemical oxidation of organic matter under standard laboratory procedure in 5
days at 20 degrees centigrade.
(c)(l) "Clearing" means the destruction and removal of vegetation by manual, technical,
or chemical methods.
(2) "Capital costs" shall mean the total costs of physical system improvements
(exclusive of repair and replacement costs covered under operation and maintenance costs),
including but not limited to the costs of direct construction, engineering, financing, legal fees,
land, right-of-way, debt service, and other costs associated with such improvements. (3) "C.F." shall mean cubic feet of measure.
(4) "Combined Sewer" shall mean a sewer intended to convey sanitary sewage,
industrial wastes, and storm and surface water.
(5) "Commercial agriculture" means those activities conducted on lands defined in
RCW 84.34. 020(2), and activities involved in the production of crops or livestock for wholesale
trade. An activity ceases to be considered commercial agriculture when the area on which it is
conducted is proposed for conversion to a nonagricultural use or has lain idle for more than five
(5) years, unless the idle land is registered in a federal or state soils conservation program, or
unless the activity is maintenance of irrigation ditches, laterals, canals, or drainage ditches
related to an existing and ongoing agricultural activity.
(6) "Commercial unit" shall mean a parcel of property which is developed for
nonresidential purposes.
(7) "Connection fee" shall mean charges made for connection to the utility system.
The connection fee will include the costs of tapping the water main, sewer or stormwater system,
installing the service and meter, restoring the surface, and all other costs associated with the
physical connection of the customer system to the City utility system.
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(8) "Construction charge and special fees" shall mean those charges made by the
City to cover its unreimbursed construction costs for installing special facilities' noi covered by
connection fees and general facility fees.
(9) "Contract user" shall mean any user who, by virtue of the amount, strength, or
location of its discharge or the conditions of service, requires a contractual basis for service to be
equitably served.
(10) "Critical Areas" means as defined in the City's Critical Areas Ordinances, areas
which include wetlands, areas with a critical recharging effect on aquifers used for potable
water, fish and wildlife habitat conservation areas, frequently flooded areas, geologically
hazardous areas, including unstable slopes, and associated areas and ecosystems.
(11) "Cross Connection" shall mean any physical arrangement whereby a public
water supply is connected, directly or indirectly, with any other water supply system, sewer,
drain, conduit, pool, storage reservoir, plumbing fixture, or other device which contains or may
contain contaminated water, sewage, or other waste or liquids of unknown or unsafe quality that
may be capable of imparting contamination to the public water supply as a result of backflow.
Bypass arrangements, jumper connections, removal sections, swivel or change over devices, and
other temporary or permanent devices through which or because of which backflow could occur
are considered to be cross connections.
(d)(1) "Department" shall mean the Department of Public Works and Utilities.
(2) "Design Storm" means a prescribed hyetograph and total precipitation amount
(for a specific duration recurrence frequency) used to estimate runoff for a hypothetical storm of
interest or concern for the purposes of analyzing existing drainage, designing new drainage
facilities or assessing other impacts ora proposed project on the flow of surface water. (A
hyetograph is a graph of percentages of total precipitation for a series of time steps representing
the total time during which the precipitation occurs.)
O) "Detention" means the release of stormwater runoff from the site at a slower rate
than it is collected by the stormwater facility syslem, the difference being hem in temporary
storage.
(4) "Detention facility" means an above or below ground facility, such as a pond or
tank that temporarily stores stormwater runoff and subsequently releases it at a slower rate than
it is collected by the drainage facility system. There is little or no itifiltration of stored
stormwater.
(5) "Director" shall mean the Director of Public Works and Utilities or any other duly
authorized representative designated by the Director as the person responsible for technical
direction of this Code.
(6) "Drainage basin" means a geographic and hydrologic subunit ora watershed I
(e)(1) "Equivalent residential unit" (ERU) shall mean the flow or flow characteristics of
a nonresidential utility customer whose utility service needs are based on the approximate
conditions of a single family residential unit. One family residential unit (ERU) which is
considered to be equivalent to 2000 square feet of floor space.
(2) "Erosion" means the wearing away of the land surface by running water, wind,
ice, or other geological agents, including such processes as gravitational creep. Detachment
and movement of soil or rock fragments by water, wind, ice, or gravity.
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(3) "Erosion and Sediment Control (ESC) Plan" means a plan which includes control
of pollution from stormwater runoff during construction.
(4) "Excavation" means the mechanical removal of earth material.
(5) "Existing site conditions" means
(1) For developed sites with stormwater facilities that have been constructed
to meet the standards in the Minimum Requirements of this Ordinance,
existing site conditions shall mean the existing conditions on the site.
(2) For developed sites that do not have stormwater facilities that meet the
Minimum Requirements, existing site conditions shall mean the conditions
that existed prior to local government adoption of this Ordinance. If in
question, the existing site conditions shall be documented by aerial
photograph records, or other appropriate means.
(3,) For all sites in water quality sensitive areas, Water Quality Sensitive
Areas, existing site conditions shall mean undisturbed forest for the
purpose of calculating runoff characteristics.
(4) For all undeveloped sites outside of water quahty sensitive areas, existing
site conditions shall mean the existing conditions on the site.
(6) "Extended line" shall mean a privately financed utility water, sanitary sewer or
stormwater main constructed with the written approval of the Director.
09(1) "Fill" means a deposit of earth material placed by artificial means'.
(2) "Frequently flooded areas" means the l O0-year floodplain designations of the
Federal Emergency Management Agency and the National Flood Insurance Program.
(3) "Front footage" shall mean the linear distance abutting the common frontage of a
parcel to the public right-of-way.
(g)(1) "Geologically hazardous areas'" means areas as defined itt the City's Critical
Areas Ordinance and includes areas, that because of their susceptibility to erosion, sliding,
earthquake or other geological events, are not suited to the siting of commercial, residential or
industrial development consistent with public health or safety concerns.
(2) "General facilities fee" (GFF) shall mean the charge established to reflect the
proportionate cost share for existing source, treatment, transmission, interception, and storage
facilities that will be paid by new customers to the City utility.
(3) "Gravity line" shall mean a sanitary sewer conveying flow to a point of collection
without pumping.
(4) "Ground water" means water itt a saturated zone or stratum beneath the surface
of land or a surface water body.
(h)(1) "H.C.F." shall mean hundred cubic feet of measure.
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(2) "Health officer" shall mean the Bremerton/Kitsap County Health Department's
Health Officer.
(i)(1) "Impervious surface" means a surface area which either prevents or retards the
entry of water into the soil mantle as under natural conditions prior to development, and/or a
surface area which causes water to run off the surface in greater quantities or at an increased
rate of flow from the flow present under natural conditions prior to development. Common
impervious surfaces include, but are not limited to, rooftops, walkway& patios, driveways,
parking lots or storage areas, concrete or asphalt paving, gravel roads and other gravel
surfaces, packed earthen materials, and oiled, macadam or other surfaces which similarly
impede the natural infiltration of stormwater. Open, uncovered retention~detention facilities
shah not be considered as impervious surfaces.
(2) "Impervious surface unit" shah mean a configuration or conglomeration of
impervious surface estimated to contribute an amount of runoff to the City's stormwater
drainage system which is approximately equal to that created by the average single-family
residential parcel. One impervious surf_ace unit (ISU) is equivalent to 2,500 square feet of
impervious surface area. For purposes of computation of rates and charges, only whole
impervious units are considered; fractions are truncated O~ot rounded up).
(3) "Improved premises" shall mean, lany area which has been altered such that the
runoff from the site is greater than mtnoff prior~evelopment.
(4) "Industrial user" shall mean a business or other nonresidential property having a
wastewater discharge in which the sum of BOD and TSS strength is between 1,200 and 1,800
milligrams per liter.
(5) "Infiltration" shall mean groundwater entering the sanitary sewer or stormwater
system through open pipe joints, cracks in manhole walls, and cracked pipe.
(6) "Inflow" shall mean rainwater or other clean water that enters the sanitary sewer
through roof leader connections, catch basins, yard and foundation drains, perforated manhole
covers, and other openings to the wastewater system.
(1)(1) "Lateral sewer" shall mean a sanitary sewer not less than six inches in diameter,
constructed within a public right-of-way between the mainline/trunk sewer and the right-of-way
line in accordance with current Utility standards.
(m)(1) "Mainline sewer" (see trunk sewer). (2) "Manual" See Stormwater Management Manual
(3) "Mitigation" means, in the following order of preference:
(1) Avoiding the impact altogether by not taking a certain action or part of an
action;
(2) Minimizing impacts by limiting the degree or magnitude of the action and
its implementation by using appropriate technology or by taking
affirmative steps to avoid or reduce impacts;
(3) Recl~fying the impact by repairing, rehabilitating or restoring the affected
environment;
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(4) Reducing or eliminating the impact over time by preservation and
maintenance operations during the life of the action; and
(5) Compensation for the impact by replacing, enhancing, or providing
substitute resources or environments.
(4) "Multi-family units" shall mean a parcel of property which has been legally
developed with more than two residential living units.
(nifo "Natural location" means the location of those channels, swales, and other non-
manmade conveyance systems as defined by topographic contours existing for the subject
property, either from maps or photographs, or such other means as appropriate.
(2) "New Development" means the following activities: land disturbing activities,
structural development, including construction, installation or expansion ora building or other
structure; creation of impervious surfaces; Class IV- general forest practices that are
conversions from timber land to other uses; and subdivision and short subdivision of land as
defined in RCW 58.17. 020. All other forest practices and commercial agriculture arc not
considered new development.
(o)(1) "0 & M Costs" (operation and maintenance) shall mean the total cost of operating
and maintaining the utility system, including, but not necessarily limited to, costs for labor,
supplies and materials, utility services, vendor services, equipment usage, testing, taxes and
assessments.
(2) "Occupied property" shall mean real property on which a structure exists that is
being served by an existing or temporary utility facility.
(p)(1) "Permanent Stormwater Quality Control (PSQC) Plan" means a plan which
includes permanent BMPs for the control of pollution from stormwater runoff afier construction
and/or land disturbing activity has been completed.
(2) "Pollution" means contamination or other alteration of the physical, chemical, or
biological properties, of waters of the state, inchMing change in temperature, taste, color,
turbidity, or odor of the waters, or such discharge of any liquid, gaseous, solid, radioactive or
other substance into any waters of the state as will or is likely to create a nuisance or render
such waters harmfid, detrimental or injurious to the public health, safety or welfare, or to
domestic, commercial, industrial, agricultural, recreational, or other legitimate beneficial uses,
or to livestock, wiM animals, birds, fish or other aquatic life.
(3) "Premises" shall mean a single tract of land, building, or portion of a building
under a single control and ownership.
(4) "Pressure line" shall mean a sanitary sewer through which wastewater must be
forced by pumping or gravity pressure to a point of collection.
(5) "Pretreatment" shall mean any physical, chemical, or biological process to
remove, neutralize, or modify one or more constituents of a waste stream prior to discharge into
the public sewers.
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(0(1) "Redevleopment" means, on an already developed site, the creation or addition of
impervious surfaces, structural development including construction, installation or expansion of
a building or other structure, and/or replacement of impervious surface that is not part of a
routine maintenance activity, and land disturbing activities associated with structural or
impervious redevelopment.
(2) "Regional retention/detention system" means a stormwater quantity control
structure designed to correct existing or predicted excess surface water runoff problems ora
basin or subbasin. The area downstream has been previously identified as having existing or
predicted significant and regional flooding and/or erosion problems. This term is also used
when a detention facility is used to detain stormwater runoff from a number of different
businesses, developments or areas within a drainage basin.
(3) "Reimbursement agreement" shall mean an agreement entered into between the
installer of a utility facility and the Department for the purpose of reimbursing the installer for all
or part of the costs for installation or extension of the utility system.
(4) "Retention~detention facility (R/D)" means a type of drainage facility designed
either to hold water for a considerable length of time and then release it by evaporation, plant
transpiration, and/or infiltration into the ground; or to hold surface and stormwater runoff for a
short period of time and then release it to the surface and stormwater drainage system.
(s)(1) "Sanitary sewer" shall mean only those portions of the Utility system which are
designated by the Director to carry, transport, or dispose of waste matter not constituting storm
or surface water permitted by or under this Code to enter the sewer system.
(2) "Septage waste" shall mean waste material pumped from an on-site wastewater
disposal system such as a septic tank or cesspool or holding tank.
(3) "Sewage" shall mean the liquid wastes and all constituents therein that are
related to the use of such sanitation facilities, toilets, bathtubs, showers, sinks, dishwashers,
washing machines, garbage grinders, and other devices. However, any other water that enters
sanitary or combined sewers before or after discharge by a user shall thereafter also be called
sewage. "Sewage" is essentially synonymous with the term "wastewater" except that wastewater
may also contain liquid wastes discharged from industrial operations or processes.
(4) "Single-family parcel or unit" shall mean a parcel which has been developed with a
single-family living unit.
(5) "Site" means the portion ora piece of property which is directly subject to
development.
(6) "Slope" means the degree of deviation ora surface from the horizontal; measured
aa' a numerical ratio, percent, or in degrees. Expressed as a ratio, the first number is the
horizontal distance (run) and the second ia' the vertical distance (rise), as 2:1. A 2:1 slope is a
50percent slope. Expressed in degrees, the slope is the angle from the horizontal plane, with a
90° slope being vertical (maximum) and 45° being a 1:1 or 100 percent slope.
(7) "Source Control BMP" means a BMP that is intended to prevent pollutants for
entering stormwater. Examples of source control BMPs are erosion control practices,
maintenance of stormwater facilities, constructing roofs over storage and working areas, oil
water separation devices, and directing wash water and similar discharges to the sanitary sewer
or a dead end sump.
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(8) "Standard construction costs" shall mean the total cost of installation of a
utility piping system trunk sewer, a lateral sewer, including the cost of all manholes, distribution
system, or incidental work necessary to place the utility system in service meeting the minimum
size and installation requirements of the utility for the intended service.
(9) "Standard sewer connection" shall mean a connection made to a gravity trunk or
lateral sanitary sewer of the City, except those City sewer lines identified by the Director as a
waterfront or pressure sewer line.
(10) "Standard sanitary sewer" shall mean a sanitary trunk sewer not less than eight
inches in diameter and constructed in accordance with current Utility standards.
(11) "Standard Stormwater Line" shall mean a stormwater line not less than twelve
inches in diameter and constructed in accordance with current utility standards.
(12) "Standard water main" shall mean a water distribution line not less than eight
inches in diameter and constructed in accordance with current Utility standards.
(13) "Stormwater" means that portion of precipitation that does not naturally
percolate into the ground or evaporate, but flows via overland flow, interflow, channels or pipes
into a defined surface water channel, or a constructed #~ltration facility.
(14) "Stormwater drainage system" means constructed and natural features which
fimction together as a system to collect, convey, channel, hold, inhibit, retain, detain, infiltrate,
divert, treat or filter stormwater.
(15) "Stormwater facility" means a constructed component ora stormwater drainage
aystem, designed or constructed to perform a particular funclion, or multiple functions.
Stormwater facilities include, but are not limited to, pipes, swales, ditches, culverts, street
gutters, detention basins, retention basins, constructed wetlands, it~ltration devices,
catchbasins, oil~water separators, sediment basins and modular pavement.
(16) "Stormwater Management Manual" or "Manual" means the Manual adopted by
reference by the City which may inchtde excerpts from the King County Stormwater Design
Manual (November 1992) and such other standards of the City incorporated in the "System
Development and Construction Standards Manual".
(t)(1) "TSS" (denoting total suspended solids) shall mean materials that either float on
the surface of, or are in suspension in, water, sewage, or other liquids, and which are removable
by laboratory filtering.
(u)(1) "Undeveloped parcels" shall mean any parcel of real property that has not been
altered by grading or filling of the ground surface, or by construction of any improvement or other
impervious surface area that affects the hydraulic properties of the parcel.
(2) "Unoccupied parcel" shall mean real property on which no structure requiring
utility service exists.
(3) "User" shall mean any person, business, or institution owning or controlling
property for which utility service is provided and who is responsible for an account.
(4) "User parcel" shall mean any parcel of land within the Utility service area to
which water, sewer, or stormwater service is currently provided or to which a charge is imposed
therefore, or any other of land with any significant man-made impervious surface.
(5) "Utility" shall mean the water, wastewater, and stormwater utility systems of the
City.
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(v)(1) "Verified strength user" shall mean any user whose wastewater exceeds the
strength limits of the industrial user class or who desires to be charged for wastewater service on
the basis of its specific discharge rather than average class strength.
(w)(1) "Wastewater" shall mean liquid wastes, and ali constituents dissolved or
suspended therein, discharged by residential, commercial, or industrial users of the wastewater
facilities system. "Wastewater" is essentially synonymous with the term "sewage".
(2) "Wastewater system" shall mean all facilities for collecting, transporting,
pumping, treating, and disposing of sewage, including sludge utilization.
(3) "Water system" shall mean all facilities for treatment, transmission and
distribution of water. (Ord. 4309 §2 (in part) 1991).
(4) "Watershed" means a geographic region within which water drains into a
particular river, stream, or body of water as identified and numbered by the State of Washington
Water Resource Inventory Areas (WRIAs) as defined in Chapter 173-500 WA C.
(5) "Wetlands" means those areas as defined in the City's' Critical Areas Ordinance
and include areas that are inundated or saturated by surface or groundwater at a frequency and
duration sufficient to support, and that under normal circumstances do support, a prevalence of
vegetation typically adopted for life in saturated soil conditions.
15.01.030 UTILITY SERVICE AGREEMENT. Each customer of the Utility and any
person requesting utility service from the Utility for water, wastewater, or stormwater shall be
required to make application and enter into a Utility Service Agreement except a Service
Agreement shall not be required for stormwater service for residential living units not requiring
connection to a closed conveyance system as a part of the Utility Stormwater System.
Agreements when required shall be executed prior to connection to the utility system or activation
of the account.
The Agreement shall include the name and address of the owner and the service address of
the premises served together with the service requested. The Agreement shall be signed by the
owner of the property or his designated agent and shall be filed with the Department. The
applicant shall pay all fees for installation of the utility service as herein provided at the time of
filing.
The Agreement for service shall constitute a contract between the Applicant and the
Department in which the applicant agrees to pay for service provided at the rate and in the manner
specified.
The Agreement shall be effective at the time it is signed by the Director or his designee
and charges for service to the premises shall be assessed from date of connection.
Estimated fees, assessments, and conditions quoted by the Department in writing for
utility service shall become invalid after one hundred eighty (180) days from the date of the
estimate unless the applicant enters into a Utility Service Agreement with the Department prior to
that time. (Ord. 4309 §2 (in part), 1991).
15.01.040 CONDITIONS OF SERVICE- RETAIL.
(a) Access. The Department shall, as a condition of providing utility service, be granted
the authority by the property owner to make reasonable periodic inspections of the service
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connection and related appurtenances. Such inspections may be by the Department or other
appropriate agency to enforce any of the provisions of local, state, or federal laws, or any
regulation adopted hereunder. Failure to conform to the terms and conditions shall constitute a
breach of the Agreement, and shall entitle the Department to charge fees and enforce penalties or
discontinue the service after notice as set forth in § 15.07.080 for delinquent accounts.
(b) Interruption/Failure of Service. The Department reserves the fight to temporarily
discontinue service at any time without notice to the consumer and the City shall not be liable for
damages for such interruption or failure nor be held in breach of contract.
It shall further be provided that the City shall not be held responsible for any damages
resulting from defective plumbing or appliances on the premises, and the fact that the agents of
the Department or City have inspected the plumbing and appliances shall not constitute a basis of
recovery. Damages to premises resulting from the utility system having been interrupted or failed
shall not constitute a breach of contract on the part of the Department or in any way relieve the
consumer from performing the obligations of his contract. (Ord. 4309 §2 (in part), 1991).
15.01.050 CONDITION OF SERVICE - CONTRACT. The Department may contract
for sale of surplus water or collection and treatment of wastewater and/or stormwater with other
districts or other public agencies providing utility service. Such services shall be through a
wholesale contract, under such terms and conditions as shall be deemed fair and equitable by the
Department and approved by the City Council. (Ord. 4309 {}2 (in part), 1991).
15.01.060 PENALTY FOR FALSE INFORMATION. The conveyance to the
Department of false information in an application for a utility service or adjustment credits shall
forfeit the customer's rights to service or credits, and the customer, in the case of a credit
adjustment, shall be required to reimburse the amount of the credit received where based upon
such false information. (Ord. 4309 §2 (in part), 1991).
15.01.070 DEVELOPER SYSTEM IMPROVEMENT - AGREEMENTS. A property
owner or owners of any specified area situated within the Utility service area requiring utility
service may petition the Department to construct public system improvements. The Department
shall review the petition, and, subject to the Utility Comprehensive Plan, engineering and
economic feasibility, and at the Department's option, construct the improvements upon execution
of a System Improvement Agreement between the owner and the Department specifying the
improvements. The estimated costs for said improvements shall be paid in full upon execution of
the agreement. When completed and accepted by the Department in writing, the improvements
shall become part of the Utility's system and shall be conveyed by Bill of Sale prior to service.
If 60% or more of the property owners of a specified area situated within the Utility
service area petition the City to construct public system improvements, the City may construct
said improvements upon execution of a System Improvement Agreement between the property
owners and the City specifying the improvements, the terms and conditions for the improvements,
and the reimbursement of all costs associated with the improvements. Reimbursement at actual
cost for the improvements may be paid in full or in monthly installments plus interest at a rate set
in the System Improvement Agreement with 20% of the cost due prior to installation and the
balance together with interest due within thirty-six (36) months of the date from the completion
and City acceptance of the improvement.
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Deferred payments for the construction of system improvements shall be limited to system
improvements and shall exclude connection fees and general facility fees.
The City may construct the improvements, on behalf of the property owners, utilizing City
staff, negotiated contracts, or competitive bids subject to State statutes governing utility
construction.
Property owners or developers of plats or developments shall have the option of installing
the plat's interior utility system and connection to the utility system at their expense, subject to
Utility Development and Construction Standards. The owner or developer shall pay the current
front footage charge in those cases where the plat or development fronts a City installed main or
according to the conditions of any existing reimbursement agreement for any main installed
through a System Improvement Agreement. (Ord. 4309 §2 (in part), 1991).
15.01.080 DEVELOPER SYSTEM IMPROVEMENTS - FEES. The subsequent
connection to the system improvements by the property owner shall be subject to applicable fees
for service to include general facility fees, connection fees, and any other applicable fees
established under this Code. (Ord. 4309 § 2 (in part), 1991).
15.01.090 DEVELOPER SYSTEM IMPROVEMENTS - REIMBURSEMENT. The
City may enter into Agreements with property owners responsible for the installation of system
improvements to provide for reimbursement to owners by others benefiting from the
improvements and connecting to the improvements at a later time (latecomers).
Requests for reimbursement shall be made in writing prior to drafting the System
Improvement Agreement and specific provisions of recovery shall be included in the. Agreement.
The Department shall determine the area that is subject to the cost recovery and shall identify the
properties benefiting from the utility system improvements in a description or a drawing that will
become part of the System Improvement Agreement.
Reimbursement from each benefiting property owner shall be determined by the
Department as stipulated in the System Improvement Agreement. Cost recovery payments by
properties benefiting fi.om connections to developer extensions shall be collected by the City.
Reimbursement to the property owner constructing the improvement shall be limited to
ten (10) years fi.om the date of acceptance of the improvement. The City shall retain 15 percent of
the cost recovery payments for maintaining records and administration of the program and
forward the remainder of the payment to the property owner who originally constructed the water
system improvement. (Ord. 4309 §2 (in part), 1991).
15.01.100 SYSTEM DEVELOPMENT AND CONSTRUCTION STANDARDS. The
City shall develop and adopt System Development and Construction Standards for modification
or improvement of its utility system. The standards shall be developed and established through
the City's rule-making process under BMC 2.80 and shall meet the requirements of federal, state
and local agencies having jurisdiction over the operations and development of the Utility. (Ord.
4309 §2 (in part), 1991).
15.01.110 UTILITY PERMIT REQUIRED. A utility permit shall be required by the
Department for all projects, alterations, repairs or connections to the utility system. These
activities include, but are not limited to, activities associated with the installation of new utility
-11-
systems to be constructed by others and conveyed to the Department under the terms of a Utility
System Improvement Agreement; the opening, alteration, repair, or replacement of the utility
system; the connection to the utility system; and the abandonment or disconnection from the
utility system.
The entering into a Utility System Improvement Agreement with the City shall not relieve
the Agreement holder of the responsibility for obtaining such other permits and licenses as may be
required by the Department, City, County or other districts in whose jurisdictions the
improvements/repairs are made.
The permits shall be available from the Department with fees established by the Utility Fee
and Rate Schedule. (Ord. 4309 § 2 (in part), 1991).
CHAPTER 15.02
WATER
Sections:
15.02.010 Purpose.
15.02.020 Comprehensive Plan.
15.02.030 Service availability.
15.02.040 Service beyond City limits.
15.02.050 Water systems/construction standards - General.
15.02.060 Abandonment of private mains.
15.02.070 Private pressure adjustment.
15.02.080 Hydrants.
15.02.090 Irrigation and fire service metering.
15.02.100 Service connections.
15.02.110 Connection size.
15.02.120 Meters.
15.02.130 Backflow and cross-connection control.
15.02.140 Water system operation and maintenance - General.
15.02.150 Interruption of service - Emergencies.
15.02.160 Abatement of nonconforming, unauthorized or unsafe conditions.
15.02.170 Cross-connection control inspection.
15.02.180 Meter operation and maintenance.
15.02.190 Excessive consumption.
15.02.200 Waste.
15.02.210 Prohibited acts.
15.02.010 PURPOSE. The ordinances codified in this section establish availability,
conditions of service, system improvement requirements, and the operation and maintenance of
the water system. (Ord. 4309 §2 (in part), 1991).
-12-
15.02.020 COMPREHENSIVE PLAN. A water system comprehensive plan shall be
developed by the Department as required by WAC 248-54-065. The plan shall be approved by
the Mayor, adopted by the City Council and administered by the Director. (Ord. 4309 {}2 (in
part), 1991).
15.02.030 SERVICE AVAILABILITY. Water service is considered available if the
property is situated within the Utility service area defined in the c,:~,,~,,,j ,,,^c ~,,x~ .... ,,,,,,,,'-~,,,n Utility I
Comprehensive Plan and is adjacent to the distribution system, and further provided that:
(a) The water supply system has the capacity and facilities to accommodate the
additional demand, or the property is part of a water system Local Improvement District (LID) or
Utility Local Improvement District (ULID) and has been assessed for water improvements.
(b) The connection is consistent with the Utility's Comprehensive Plan.
(c) The connection is approved and permitted by the Department.
(d) The connection is in compliance with applicable federal, state, and local rules,
regulations and codes.
Any customer or potential customer within the Utility's service area and not adjacent to the Utility
distribution system may be connected to the water system subject to meeting the above
requirements and establishing a Local Improvement District (LID), Utility Local Improvement
District (ULID) or entering into a System Improvement Agreement with the City for system
extension and/or improvements of the water system for service to the premises. (Ord. 4309 {}2 (in
part), 1991).
15.02.040 SERVICE BEYOND CITY LIMITS. Any parcel of property that is outside
existing City limits must support annexation to the City as a condition of receiving City utility
service. Property that is outside existing City limits shall be permitted utility service only upon
entering into an agreement with the City providing for:
(a) Annexation at such time as the City may deem appropriate;
(b) Consistent with any proposed extraterritorial comprehensive Land Use Plan and
development standards for the property adopted pursuant to RCW 35.13.177 for new
development; and
(c) Consistency with adopted City street and subdivision standards for new
development. (Ord. 4309 {}2 (in part), 1991).
15.02.050 WATER SYSTEMS/CONSTRUCTION STANDARDS - GENERAL. All
water mains and appurtenances shall be installed by the Department or a contractor licensed in
accordance with the provisions of this Chapter in compliance with the System Development and
Construction Standards, and local, state and federal regulations. All water distribution facilities
extensions shall be installed along the entire frontage of the premises on plat to be served. All
water distribution main extensions shall be installed along the entire frontage of the premises or
plat to be served.
-13-
The Department may, at its option, require installation of water mains larger than the
minimum sizes specified in the system Utilities Development and Construction Standards to
provide for adequate future capacity within the water system. The Department is authorized to
enter into cost sharing agreements to contribute to the cost for larger mains or other
improvements based upon the comprehensive plan. (Ord. 4309 §2 (in part), 1991).
15.02.060 ABANDONMENT OF PRIVATE MAINS. Upon completion of a new main,
owners of premises adjacent to or within 250 feet of the main, who are being supplied with City
water service through a private main or connection to a private service, shall make application for
a new Utility Service Agreement and shall connect with a separate service connection. Service to
the private main shall be discontinued ninety (90) days following completion of the new main.
(Ord. 4309 §2 (in part), 1991).
15.02.070 PRIVATE PRESSURE ADJUSTMENT. Where water supply is not available
to a premises because of low pressure during periods of peak demands for water, or where
property is situated at such an elevation that it cannot be assured of adequate pressure, the owner
may, at his expense, install an auxiliary storage tank or pump to furnish auxiliary supply pressure.
The auxiliary system shall be approved by the Department. The Department approval shall be
based on the protection of the safety and integrity of the utilities system and not on the adequacy
of the private systems design for its intended use. The auxiliary system shall remain the property
of the property owner, who will be solely responsible for its maintenance and operation.
In the event local conditions result in high pressure (exceeding 80 psi), a pressure reducing
valve may be required and installed at the expense of the owner. The pressure reducing valve
shall remain the property of the property owner who will be solely responsible for its maintenance
and operation. (Ord. 4309 §2 (in part), 1991).
15.02.080 HYDRANTS. All fire hydrants shall be installed by the Department or a
licensed contractor in compliance with the System Development and Construction Standards.
Location and configuration shall be reviewed by the local fire marshall and Bremerton fire
marshall. Ail fire hydrants situated on private property for public use and to be maintained by the
Department will require the dedication of an easement to the City prior to acceptance by the
Department. All fire hydrants located on private property for private use shall be connected to
the metered system. Such hydrants shall not be maintained by the Department and shall be the
sole responsibility of the property owner. (Ord. 4309 §2 (in part), 1991).
15.02.090 IRRIGATION AND FIRE SERVICE METERING. All irrigation and fire
service lines shall have separate service lines and separate meters, if applicable. In no case shall
subtraction-type meters be installed or used for calculation of water or sewer rates.
All new and existing automatic or manual fire sprinkler (wet and combination stand-pipe)
systems used for fire protection shall be metered at the expense of the owner. Failure to make
application for and payment of all fees for the installation of a meter on nonmetered fire lines
within ninety (90) days of notification shall be cause for the discontinuance of water service to the
fire protection system. (Ord. 4309 §2 (in part), 1991).
-14-
15.02.100 SERVICE CONNECTIONS. All service connections shall be installed by the
Department in accordance with the System Development and Construction Standards.
The service connections shall be extended at right angles from the main to a point adjacent
to the property line and within the public right-of-way and shall be maintained by and kept within
the exclusive control of the City. Each service connection shall have its own service line and
meter. Installation shall be at the expense of the property owner.
Whenever an applicant requests and receives water service to a premises that does not
front a main, a main shall be installed as a prerequisite to connect to the Utility system.
To service property which does not abut on a public right-of-way in which there is a water
main, the Department may install a connection to the main. This connection shall be
perpendicular to the main to the right-of-way line, and permit connection therewith by the owner
at the property owner's expense.
Every parcel under separate ownership connected to the Utility system shall be required to
install a separate service connection to the City main, and the premises so supplied will not be
allowed to supply water to any other premises. However, these restrictions shall not apply to
existing services unless, in the judgment of the Director, such existing connection should be
discontinued for the good of the Utility or to settle disputes.
When a parcel of land having one or more residences or structures that are served by one
water meter are subdivided, the installation of a new water service(s) will be required. The
expense for installation of the new service will be to the owner that subdivided the property, and
application for service will be filed prior to the approval of subdivision.
In new and pre-existing service connections where one service serves more than one
premises, each and every building or trailer, when connected to one meter, must be provided with
a separate shut-off, valve. Shut-off. valves shall be located so that each may be closed without
disrupting service to the remaining units. Each separate service not already equipped with a shut-
off.valve as provided herein must install shut-off.valves, at the owner's expense within 90 days of
notice of defect. Failure to provide such valve, or to shut off. the water at such unit when
unoccupied, will be considered sufficient reason to deny any adjustment in the water bill in the
event of leakage due to these causes.
The Department may require or allow additional service connections when such additional
service connections are in the best interest of the utility. (Ord. 4309 §2 (in part), 1991).
15.02.110 CONNECTION SIZE. The size of each water service and tap shall be
determined in accordance with City Building and Fire Safety Code. (Ord. 4309 §2 (in part),
1991).
15.02.120 METERS. Ail meters shall be and remain the property of the City and will not
be removed unless the use of water on the premises is discontinued or abandoned. (Ord. 4309 §2
(in part), 1991).
15.02.130 BACKFLOW AND CROSS-CONNECTION CONTROL. Service from the
City water supply may be contingent upon the installation of a backflow prevention device
approved by the Director for the protection of the water supply from backflow.
Any contractor constructing water system improvements or connections to the water
system shall be required to post at all times during the performance of the work and until the
-15-
completion thereof, the Utility Service Agreement and other permits as required under the terms
of this Code or other local, state or federal regulations at or near the work area. (Ord. 4309 {}2
(in part), 1991).
15.02.140 WATER SYSTEM OPERATION AND MAINTENANCE - GENERAL. The
Department shall be responsible for the operation, maintenance and repair of the water system
under its jurisdiction and located within the public right-of-way, dedicated utility easements and
utility-owned property. The Department shall not be responsible for servicing private systems
beyond its meters, or for public systems purchasing water under a wholesale contract unless
otherwise agreed.
When maintenance, repair, or replacement of publicly-owned facilities is required due to
user activity resulting in unsafe, nonconforming or unauthorized conditions as set forth in this
Section, the City shall hold the responsible party liable for all costs of repairs, replacement,
inspection, and any other costs incurred to the City as a result of such activities. (Ord. 4309 {}2
(in part), 1991).
15.02.150 INTERRUPTION OF SERVICE - EMERGENCIES. The Department may
control the availability or uses of water during emergencies which disrupts or endangers the
operation of the water system or for the purpose of making repairs or extensions. If there is
sufficient time, the Department will provide notice of such emergency in the daily newspapers
setting forth restrictions on the use of water as may be deemed necessary or announcing limited
availability. Such restrictions may include, but not be limited to, hours during which sprinkling for
lawn or garden irrigation may be done. Restrictions shall remain in effect until modified or
canceled by published notice. (Ord. 4309 {}2 (in part), 1991).
15.02.160 ABATEMENT OF NONCONFORMING, UNAUTHORIZED OR UNSAFE
CONDITIONS. The City shall be responsible for the integrity, safety, and continuity of the water
system. As a condition of the Utility Service Agreement the property owner shall grant the
Department the authority to make inspections at any reasonable time if the Department or other
appropriate agency has reasonable cause to believe there exists on premises a nonconforming,
unauthorized, or unsafe condition or to verify no such condition exists. The Director or his
designee may enter onto such property to inspect the condition or to perform any duties imposed
upon the Department by this Code provided the Department shall first make reasonable efforts to
contact the owner or person responsible for such property.
The City shall have recourse to every remedy provided by law to secure entry and abate
the condition. Such remedy may include, but not be limited to securing property owner
correction; revocation, suspension, or discontinuation of service, permits, or authorizations;
removal, reconstruction, replacement, or alteration of unauthorized condition; or all other powers
and remedies which may be available under law, this Code, and regulations and procedures
adopted hereunder. Expenses incurred by the Department in abating such condition shall
constitute a civil debt to the City. (Ord. 4309 {}2 (in part), 1991).
15.02.170 CROSS-CONNECTION CONTROL INSPECTION. The Department shall
require the testing and inspection of all cross-connection control devices within its system in order
to prevent contamination of the public water system. The Department shall annually notify all
-16-
property owners of this requirement. It shall be the responsibility of the property owner to
provide for testing and inspection by a Washington State-certified cross-connection control
specialist and to submit to the Department a written report on the form provided of satisfactory
completion of the testing and inspection.
The Department, at its option, may inspect and test cross-connection control devices,
subject to a service fee.
The installation and maintenance of a cross-connection device that will endanger the water
quality of the domestic water supply is prohibited.
Any cross-connection now in existence or hereafter discovered or installed shall be
declared a nuisance and shall be abated. The control or elimination of cross-connections shall be
in accordance with WAC 248-54. Water service shall be discontinued to any premises for failure
to comply with the provisions of this portion of the Code. (Ord. 4309 {}2 (in part), 1991).
15.02.180 METER OPERATION AND MAINTENANCE. The Department shall be
responsible for all domestic and commercial meters under its jurisdiction.
Where the accuracy of the reading of a water meter is questioned, the meter shall be
removed at the customer's request and shall in his presence, if requested, be tested. A written test
report will be made. If the test discloses an error against the user of more than three (3) percent
in the meter's registry, the excess of the consumption on the three previous readings shall be
credited to the user's meter account and the Department will bear the entire cost of the test, and
the deposit required as prescribed herein shall be returned. In the event that the meter is found to
be under registering or no error is found, the person requesting the test shall pay the cost of such
test. (Ord. 4309 {}2 (in part), 1991).
15.02.190 EXCESSIVE CONSUMPTION. When excessive consumption periodically
overloads the capacity of a meter supplying service to any premise, the Director shall determine
the size of the service pipe from the main and the size of the meter necessary to give proper
service without damage to the meter and shall notify the owner of the requirement for
replacement. The replacement of service connection shall be at the expense of the owner. Failure
on the part of the owner to comply with the requirement within thirty (30) days shall be cause for
the termination of water service until such requirement has been met. (Ord. 4309 {}2 (in part),
1991).
15.02.200 WASTE. Any person or owner receiving water service shall not waste water,
or allow it to be wasted, by imperfect or leaking stops, valves, pipes, closets, faucets, or other
fixtures, or to use the water for purposes other than those named in the application. Violation
shall constitute grounds for the discontinuation of water service. (Ord. 4309 {}2 (in part), 1991).
15.02.210 PROHIBITED ACTS. Violations of this section shall be punishable as
misdemeanors, unless otherwise indicated.
(a) Unlawful Tampering. It shall be unlawful for any person, unless duly authorized
by the Department, to disturb, repair, interfere with, or damage any water main, pipe, machinery,
tools, meters, hydrant, or any building, improvement or other appurtenances belonging to,
connected with, or under the control of the Department.
-17-
(b) Unlawful Contamination. It shall be unlawful for any person to contaminate, bathe
in or fish in any water supply of the City.
(c) Water Use During Emergency. It shall be unlawful for any person receiving water
from the City to knowingly use water for lawn or garden sprinkling and irrigation purposes on any
premises during the progress of a fire or any other emergency condition after notice of such
restriction.
(d) Obstructing Meter or Hydrant. It shall be unlawful for any person to obstruct the
access to any meter or hydrant by placing around or thereon any stones, bricks, lumber, dirt, or
other materials; parking or standing vehicles, constructing fences, planting shrubs or any other
obstruction within five (5) feet of any meter or hydrant. Violations shall be punishable as a civil
infraction.
(e) Connection to Unauthorized System. It shall be unlawful to connect the utility
water supply to any premises or use not authorized through a service application.
(f) Trespass in Closed Watershed. It shall be unlawful for any person to enter or
remain on City properties posted as closed watershed lands without authorization by the Mayor or
the Director. Violations shall be punishable as a gross misdemeanor. (Ord. 4309 §2 (in part),
1991).
CtlAPTER 15.03
WASTEWATER
Sections:
15.03.010 Purpose.
15.03.020 Comprehensive Plan.
15.03.030 Service availability.
15.03.040 Service beyond City limits.
15.03.050 Service - Mandated.
15.03.060 Conditions of service - Bulk transport.
15.03.070 Wastewater construction standards - General.
15.03.080 Service connections.
15.03.090 Connection ownership.
15.03.100 Sampling stations.
15.03.110 Preliminary treatment facilities.
15.03.120 Backwater valves.
15.03.130 Abandonment.
15.03.140 Wastewater system operation and maintenance - General.
15.03.150 Interruption of service - Emergency.
15.03.160 Abatement of nonconforming, unauthorized or unsafe conditions.
15.03.170 Repair of Private Systems.
15.03.180 Excessive discharge.
15.03.190 Wastewater system cleaning.
15.03.200 Changed site conditions.
15.03.210 Prohibited acts.
-18-
15.03.010 PURPOSE. The ordinances codified in this section establish availability,
conditions of service, system improvement requirements and the operation, and maintenance of
the wastewater system. (Ord. 4309 {}2 (in part), 1991).
15.03.020 COMPREHENSIVE PLAN. A wastewater system comprehensive plan shall
be developed by the Department in accordance with WAC 173-240-050. The plan shall be
approved by the Mayor, adopted by the City Council and administered by the Director. (Ord.
4309 {}2 (in part), 1991).
15.03.030 SERVICE AVAILABILITY. Wastewater service is considered available if the
property is situated within the Utility service area defined in the Comprehensive Plan and is
adjacent to the collection system, and further provided that:
(a) The treatment and collection system has the capacity and facilities to accommodate
the additional flow, or the property which is part of a Wastewater Local Improvement District
(LID) or Utility Local Improvement District (UL1D) and has been assessed for sewer
improvements.
(b) The connection is consistent with the Utility's Comprehensive Plan.
(c) The connection is approved and permitted by the Utility.
(d) The connection is in compliance with applicable federal, state, and local rules,
regulations and codes.
Any premises within the Utility's service area and not adjacent to the Utility collection
system may be connected to the wastewater system subject to meeting the above requirements
and the establishment of a Local Improvement District (LID) or Utility Local Improvement
District (ULID) or entering into a System Improvement Agreement with the City for system
extension or improvements of the wastewater system for service to the premises. (Ord. 4309 {}2
(in part), 1991).
15.03.040 SERVICE BEYOND CITY LIMITS. Any parcel of property that is outside
existing City limits must support annexation to the City as a condition of receiving City utility
service. Property that is outside existing City limits shall be permitted utility service only upon
entering into an agreement with the City providing for:
(a) Annexation at such time as the City may deem appropriate;
(b) Consistent with any proposed extraterritorial comprehensive Land Use Plan and
development standards for the property adopted pursuant to RCW 35.13.177 for new
development; and
(c) Consistency with adopted City street and subdivision standards. (Ord. 4309 {}2 (n
part), 1991).
15.03.050 SERVICE - MANDATED. Any premises within two hundred feet of a public
sewer where sewage originates and where the Health Officer has determined that a wastewater
service connection is required in order to protect public health and safety shall be required to
connect to the public wastewater system. The Health Officer shall serve the owner with a written
notice requiring the connection. A copy of such notice shall be provided to the Department.
Such connection shall be made within sixty (60) days from the notice date.
-19-
Where connection to public wastewater system is required, the connection shall be made
in accordance with the City Construction Standards. Whenever connection to the City
wastewater system is required, the property owner shall be required to remove any connections to
cesspools, septic tanks, or other on-site wastewater disposal facilities and install a direct
connection to the Utility wastewater system.
All abandoned facilities shall be back-filled by the property owner as required by the
Health Officer within thirty (30) days from the time of connection to the public wastewater system
or sooner if such facility constitutes a health hazard or public nuisance.
The Department is authorized and directed to begin billing and collecting at the time of
connection for all wastewater system service charges or sixty (60) days after written notice is
served by the Health Officer, whether or not the owner has completed connection to the public
wastewater system.
If the owner fails, neglects, or refuses to connect the property, building, or premises to the
wastewater system within the time specified by the notice, the Department may make such
connection. The cost of the connection shall be assessed against the property and shall become a
lien. The City is authorized, empowered, and directed to collect the cost of the connection by
either foreclosure of the lien or by a suit against the owner. (Ord. 4309 §2 (in part), 1991).
15.03.060 CONDITIONS OF SERVICE - BULK TRANSPORT. No person shall
discharge materials from a mobile tank into the City wastewater system except at points
designated by the Director. Discharge of materials transported fi-om sources outside the Utility
Service Area, and from commercial or industrial sources wherever located, may be prohibited at
the discretion of the Director.
Prior to discharge of materials from a mobile tank, a Department manifest shall be
Icompleted and submitted to the Department n .... .~,.~ xu~, ..... ,~ ~-r~,.-..~, m~-, ~,:rm
r~..~,~ r~.. r~ .... .-,^- nT~.~.:...~^~ c~o-~.~ identifying source, quantity, and nature of the
materials to be discharged.
A charge shall be made pursuant to the Utility Rate Schedule established for mobile tank
discharge. This charge may include, but not be limited to discharges containing sewage from
septic tanks, cesspools, chemical toilets, or similar sewage receptacles. (Ord. 4309 §2 (in part),
1991).
15.03.070 WASTEWATER CONSTRUCTION STANDARDS - GENERAL. All
wastewater sewers and appurtenances shall be installed by the Department or a contractor
licensed in accordance with the provisions of this Chapter in compliance with the System
Development and Construction Standards, and local, state and federal regulations.
All sanitary sewer extensions shall be installed along the entire frontage of the premises or
plat to be served. The Department may, at its option, require installation of sanitary sewers larger
than the minimum sizes specified in the System Development and Construction Standards to
provide for adequate capacity within the wastewater system. The Department is authorized to
enter into cost sharing agreements to contribute to the cost for larger sanitary sewers or other
improvements based upon the comprehensive plan.
-20-
Upon completion of a new sanitary sewer, owners of premises adjacent to or within 200
feet who are being supplied with City wastewater services through a private sewer or connection
to a private service shall make application for a new Utility Service Agreement and shall connect
up with a separate service connection to the new sanitary sewer. Service fi.om private system
shall be discontinued ninety (90) days following completion of the new main. (Ord. 4309 §2 (in
part), 1991).
15.03.080 SERVICE CONNECTIONS. All service connections shall be installed by the
City or by a contractor licensed in accordance with the provisions of this Chapter in compliance
with the System Development and Construction Standards.
The service connections shall be extended at right angles from the sanitary sewer to a
point adjacent to the property line and within the public right-of-way and shall be maintained by
and kept within the exclusive control of the Department.
Whenever an applicant requests wastewater service to a premises with no fronting main, a
standard main shall be required to be installed as a prerequisite to connection to the Utility
system.
Every parcel under separate ownership connected to the Utility system shall be required to
install a separate service connection to the Utility facilities, and the premises so supplied will not
be allowed to provide service to any other premises. However, these restrictions shall not apply to
existing connections unless, in the judgment of the Director, such existing connection should be
discontinued for the good of the City or to settle disputes. When a parcel of land having one or
more residences or structures that are served by one connection is subdivided, the installation of
new connections may be required. The application for service will be filed prior to' the' approval of
the subdivision. (Ord. 4309 §2 (in part), 1991).
15.03.090 CONNECTION OWNERSHIP. All connection from the wastewater main to
the property line shall be and remain the property of the Department and will not be removed
unless service to the premises is discontinued or abandoned. Connections shall not be removed or
in any way disturbed except by a representative of the Department and/or as approved by the
Department. (Ord. 4309 §2 (in part), 1991).
15.03.100 SAMPLING STATIONS. When required by the Department, the property
owner shall install and maintain at their expense a manhole in the side sewer to facilitate
observation, sampling, and measurement of the wastewater strengths and flows. The manhole
shall be located as approved by the Department and constructed in accordance with the System
Development and Construction Standards. (Ord. 4309 §2 (in part), 1991).
15.03.110 PRELIMINARY TREATMENT FACILITIES. Preliminary treatment may be
required by the City if the Biochemical Oxygen Demand (BOD) of the sewage, industrial waste,
or wastewater exceeds two hundred fifty parts per million by weight, or contains prohibited
discharges as defined herein, or exceeds other applicable standards or regulations. Such
preliminary treatment facilities shall be approved by the Department and constructed, operated,
and maintained by the owner at the owner's expense. (Ord. 4309 §2 (in part), 1991).
-21-
15.03.120 BACKWATER VALVES. When a premise discharges wastewater into a
force main or pressure main or wherever a situation exists involving an unusual danger of
backflow, a backwater valve shall be required and shall be installed in a manner accessible for
maintenance. The effective operation of the backwater valve shall be the sole responsibility of the
owner connecting to the wastewater system. The installation shall meet the requirements of the
System Development and Construction Standards. (Ord. 4309 {}2 (in part), 1991).
15.03.130 ABANDONMENT. When a property owner demolishes or removes a
building which was connected to the wastewater system, the owner shall be required to expose
and plug the side sewer at the property line in accordance with the Utility Development and
Construction Standards. (Ord. 4309 {}2 (in part), 1991).
15.03.140 WASTEWATER SYSTEM OPERATION AND MAINTENANCE -
GENERAL. The Department shall be responsible for the operation, maintenance and repair of
the wastewater system and appurtenances under its jurisdiction and located within the public
right-of-way, dedicated utility easements and City owned property. The Department shall not be
responsible for servicing private systems beyond the right-of-way, except as prov, ided in this
chapter.
When maintenance, repair, or replacement of publicly-owned facilities is required due to
user activity resulting in unsafe, nonconforming or unauthorized conditions as set forth in this
Section, the responsible party shall be liable for all costs of repairs, replacement and inspection,
and any other costs incurred to the City as a result of such activities. (Ord, 4309 {}2 (in part),
1991).
15.03.150 INTERRUPTION OF SERVICE - EMERGENCY. The Department may
restrict the use of the system through regulation or control of the use whenever an emergency
exists affecting the wastewater collection and treatment system, or for the purpose of making
repairs, extensions, or any other necessary work. If time allows, the Department will provide
notice of such emergency in the daily newspapers setting forth any limitations on the use of the
system that may be deemed necessary for public health and safety.
The City shall not be held responsible for any damage to private property resulting from
interruption, failure of the wastewater system, or failure of the property owner to comply with the
provisions of this Code. (Ord. 4309 {}2 (in part), 1991).
15.03.160 ABATEMENT OF NONCONFORMING, UNAUTHORIZED OR UNSAFE
CONDITIONS. The Department shall be responsible for the integrity, safety, and continuity of
the wastewater system. As a condition of the Utility Service or Development Agreement the
property owner shall grant the Department the authority to make inspections at any reasonable
time if the Department or other appropriate agency has reasonable cause to believe there exists on
premises a nonconforming, unauthorized, or unsafe condition or to veril~ no such condition
exists. The Director or his designee may enter onto such property to inspect the condition or to
perform any duties imposed upon the Department by this Code provided the Department shall
first make reasonable efforts to contact the owner or person responsible for such property.
The Department shall have recourse to every remedy provided by law to secure entry and
abate the conditions. Such remedies may include, but not be limited to securing property owner
-22-
corrections; revocation, suspension, or discontinuation of service, permits, or authorizations;
removal, reconstruction, replacement, or alteration of unauthorized condition; or all other powers
and remedies that may be available under this Title and regulations and procedures adopted
hereunder. Expenses incurred by the Department in abating such condition shall constitute a civil
debt to the City. (Ord. 4309 {}2 (in part), 1991).
15.03.170 REPAIR OF PRIVATE SYSTEMS. Whenever any private wastewater
system connected with the City's wastewater system becomes obstructed, broken, or in disrepair
the owner shall make ali repairs within five (5) days after notification by the Health Officer or
Director. If the owner fails to make repairs within the five-day period, the Department may abate
the condition. When two or more houses or buildings are connected to the same private sewer,
the owners shall be jointly and severally liable for work done by the Department.
If the work done in pursuant to a granted permit as herein above described, is not
constructed and completed in accordance with the provisions of this Code and the plans and
specifications as approved by the Director, and if the contractor or person doing the work shall
refuse to properly construct and complete such work, notice of such failure or refusal shall be
given to the owner of the property, for whom the work is being done, as herein provided. The
Director shall cause such work to be completed and the wastewater system connected in the
proper manner, and the full cost of such work and any materials necessary therefore, shall be
collected from the owner. (Ord. 4309 {}2 (in part), 1991).
15.03.180 EXCESSIVE DISCHARGE. When excessive discharge periodically overloads
the capacity of the side sewer supplying service to any premises, the Director shall determine the
size of the side sewer from the main necessary to give proper service without damage to the
system and notify the owner of the required change in the size of the side sewer installation. The
replacement of the side sewer shall be at the expense of the owner. Failure on the part of the
owner to comply with the request within thirty (30) days shall be cause for the termination of
wastewater service until such change has been made. (Ord. 4309 {}2 (in part), 1991).
15.03.190 WASTEWATER SYSTEM CLEANING. All side sewer cleaning contractors
and/or plumbers and owners, engaged in cleaning existing side sewers (as distinguished from
plumbing and septic tank facilities) shall notify the Department prior to beginning such operations.
(Ord. 4309 {}2 (in part), 1991).
15.03.200 CHANGED SITE CONDITIONS. When an existing structure is removed and
a new structure is constructed on the same property, a new wastewater Utility Service or
Development Agreement is required. Any existing side sewer that does not meet the current
standards and requirements shall be replaced as directed by the Department. (Ord. 4309 {}2 (in
part), 1991).
15.03.210 PROHIBITED ACTS. Violations of this section shall be punishable as
misdemeanors unless otherwise indicated.
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(a) Unlawful Tampering. It shall be unlawful for any person, unless duly authorized
by the Department, to disturb, interfere with, or damage any wastewater facilities, including pipe,
machinery, or tools, or buildings, improvements, or other appurtenances belonging to, connected
with, or under the jurisdiction of the Department.
(b) Prohibited Discharges. It shall be unlawful for any person to deposit in any
manhole, lamphole, flush tank, sewer opening, drain, ditch, or natural water course:
(1) Any garbage, rubbish, dead animals, or any substance which will obstruct,
or have a tendency to obstruct, the flow of any sewer, drain, ditch, or natural water
course.
(2) Discharges containing toxic, poisonous, or flammable solids, liquids, or
gases in sufficient quantity, either singly or by interaction with other wastes, to injure
or interfere with any sewage collection or treatment process, constitute a hazard to
humans or animals, create a public nuisance, or create any hazard in the receiving
waters of the wastewater treatment plants.
(3) Any strong acid waste, strong alkaline waste or other waste with corrosive
properties capable of causing damage or hazard to the structures, equipment, or
personnel of the City.
(4) Any waste that contains more than one hundred parts per million by weight
of fat, oil, or grease.
(5) Overflows from unpolluted water storage facilities.
(6) Clear water from refrigeration, reverse-cycle heat pumps, and cooling or
air-conditioning equipment installed hereafter, except for the periodic draining and
cleaning.
(7) Steam exhaust or blow-off, or any heated water until the temperature
thereof has been reduced to less than 100 degrees Fahrenheit.
(8) Waste containing suspended solids of such character and quantity that
unusual attention or expense is required to handle such materials in the sewer system
or at the wastewater treatment plant.
(9) Any obnoxious or malodorous gas or substance capable of creating a
public nuisance.
(10) Any septic tank wastes.
(11) Any new stormwater discharges
(Ord. 4309 §2 (in part), 1991).
CHAPTER 15.04
STORMWATER
Sections:
15.04.010 Purpose
15.04.020 Comprehensive Plan
i 5.04.030 Service Availability
15.04.040 Regulated Activities
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15.04.050 Service Connections
15.04.060 On-Site (Private) Improvements
15.04.070 Sampling Stations
15.04.080 Abatement of Nonconforming, Unauthorized or Unsafe Conditions
15.04.090 Stormwater System Maintenance
15.04.100 Interruption of Service
15.04.110 Changed Site Conditions
15.04.120 Prohibited Acts
15.04.010 PURPOSE. The ordinances codified in this section establish availability,
conditions of service, system improvement requirements, and the operation and maintenance of
the stormwater system for the collection and treatment of surface drainage.
15.04.020 COMPREHENSIVE PLAN. A Stormwater Comprehensive Plan shall be
developed by the Department meeting the provisions of RCW 37.67.030. The Plan shall be
approved by the Mayor, adopted by the City Council and administered by the Directo.r.
15.04.030 SERVICE AVAILABILITY. Stormwater service is considered available to all
of the public and private property owners residing within the service area and drainage basins
which contribute stormwater into the Utility system either through natural drainages, direct
discharge to receiving water, or constructed conveyance systems as identified in the
Comprehensive Plan.
15. 04. 040 REGULA TED ACTIVITIES. Consistent with the minimum requirements
contained in this Section, the City shall approve or disapprove the following activities, unless
exempted in 15. 04. 041.
(a) New Development
(b) Redevelopment
15.04. 041 EXEMPTIONS. Commercial agriculture, and forest practices regulated
under Title 222 WAC, except for Class IV General forest practices that are conversions from
timber land to other uses, are exempt from the provisions of this Section.
Development undertaken by the Washington State Department of Transportation in state
highway rights-of-way is regulated by Chapter 173-2 70 WA C, the Puget Sound Highway Runoff
Program.
All other new development and redevelopment is subject to the minimum requirements of
this Ordinance.
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15.04.042 SYSTEM DEVELOPMENT AND CONSTRUCTION STANDARDS
(a) Stormwater Best Management Practices (BMPs)
.General: BMPs shall be used to control pollution from stormwater. BMPs shall
be used to comply with the standards in this Section. BMPs are in the Manual.
Experimental BMPs: In those instances where appropriate BMPs are not in the
Manual, experimental BMPs shouM be considered. Experimental BMPs are
encouraged as a means of solving problems in a manner not addressed by the
Manual in an effort to improve stormwater quality technology. Experimental
BMPs must be approved in accordance with the approval process outlined in the
Manual.
(b) Small Parcel Minimum Requirements
The following new development shah be required to control erosion and sediment
during construction, to permanently stabihze soil exposed during construction, to
comply with Small Parcel Requirements 1 .through 5 below, and to prepare a
small parcel stormwater management plan:
· Individual, detached, single family rexidences and duplexes.
· Creation or addition of less than 5, 000 square feet of impervious surface
area.
· Land disturbing activities of less than one (1) acre.
(1) Construction Access Route
Construction vehicle access shall be, whenever possible, limited to one
route. Access points shall be stabilized with quarry spall or crushed rock
to minimize the tracking of sediment onto public roads.
(2) Stabilization of Denuded Areas
Soil stabilization: AH exposed soils shall be stabilized by suitable
application of BMPs, including but not limited to sod or other vegetation,
plastic covering, mulching, or application of ground base on areas to be
paved. All BMPs shall be selected, designed and maintained in
acco, friar:cc with at: as approved by the City. From October 1 through
April 30, no sods shall remain exposed for more than 2 days. From May
1 through September 30, no sods .~:hall remain exposed for more than 7
days.
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(3) Protection of Adjacent Properties
Adjacent properties shall be protected frotn sediment deposition by
appropriate use of vegetative buffer strips, sediment barriers or filters,
dikes or mulching, or by a combination of these measures and other
appropriate BMPs.
(4) Maintenance
All erosion and sediment control BMPs shall be regularly inspected and
maintained to ensure contmued performance of their intended function.
(5) Other BMPs
As required by the.,,~,..t'~"~t t,.,*,."t ........... ,~,t,, ,,~,~ot .,....,.v,~-.'h--~'~'...r City. other appropriate
BMPs to mitigate the effects of increased runoff shall be applied
c. Large Development Minimum Requirements
(1) New development
a. All new development that includes lhe creation or addition of
5,000 square feet, or greater, of new impervious surface area;
and/or land disturbing activity of one acre or greater, shall comply
with Minimum Requirements in Sections (c)(3) through (c)(13)
Compliance shall be demonstrated through the implementation of
an approved Stormwater Site Plan consisting ora Large Parcel
ESC Platt and a PSQC Platt, as appropriate.
b. All new development that includes the creation or addition of
5, 000 square feet, or greater, of new impervious surface area,
and/or land disturbing activity of less than one acre, shall comply
with Minimum Requirements in Sections (cJ(4j through (cj(13J and
the Small Parcel Minimum Requirements found~,,"~' ,~,.....,.,,c""~"" ~. 2
Compliance shall be demonstrated through the implementation of
att approved Stormwater Site Platt that inchtdes a Small Parcel
ESC Platt and PSQC Plan.
This Section does not apply to the conslruction of individual,
detached, single family residences and duplexes. Those types of
new development are included in the Small Parcel Minimum
Requirements.
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(2) Redevelopment
a. Where redevelopment of 5, 000 square feet or greater occurs:
New development minimum requirements in Sections (c)(3) 2.1.3
through (c)(l 3) 2.!.11, shall apply to that portion of the site that is
being redeveloped, and source control BMPs shall be applied to
the entire site, including adjoining parcels if they are part of the
project.
b. Itt addition to the above requirements, where one or more of the
following conditions apply, a stormwater management plan shah
be prepared that includes a schedule for implementing the
minimum requirements to the maximum extent practicable as
determined by the Director, for the entire site, including adjoining
parcels if they are part of the project. An adopted and
implemented basin plan may be used to develop redevelopment
requirements that are tailored to a 6peci. fic basin.
£xisting sites greater than 1 acre with 50% or more
impervious surface.
(2) Sites that discharge to a receiving water that has a
documented water quality problem. Subject to local
priorities, a documented water quality problem includes,
but is not limited to water bodies:
(i) Listed in reports required under section 305(3) of
the Clean Water Act, and designated as not
supporting beneficial uses;
(i0 Listed under section 304(1)(1)(A)(i9,
304(l)(1)(A)(i0, or 304(1)(1)(B) of the Clean Water
Act as not expected to meet water quality standards
or water quality goals;
(iii) Listed in Washington State's Nonpoint Source
,,lssessment required under section 319(a) of the
Clean Water Act that, without additional action to
control nonpoint sources of pollution cannot
reasonably be expected to attain or maintain water
quality standards.
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(3) Sites where the need for additional stormwater control
measures have been identified through a basin plan, the
watershed ranking process under Ch. 400-12 WAC, or
through Growth Management ,4 ct Planning..
(3) Minimum Requirement # 1 -- Erosion and Sediment Control
AH new development and redevelopment that includes land distributing
activities of equal to or greater than one acre shall comply with erosion
and Sediment Control Requirements below. Compliance with the Erosion
attd Sediment Control Requirements shall be demonstrated through
implementation of an approved Large Parcel Erosion and Sediment
Control Plan.
All new development and redevelopment that includes land disturbing
activities of less than 1 acre shall comply with the Small parcel minimum
requirements found in Section (bi, above. Compliance with small parcel
requirements shall be demonstrate through implementation ora Small
Parcel Erosion attd Sediment Control Plan.
The following erosion and sediment control requirements shall be met:
a ............. ~,,,,, .... ,,,, ,.,,,,,, ,,, re. remen. a zation an
sediment trapping
AH exposed soils shah be stabilized by suitable appfication of
BMPs. From October 1 to April 30, no soils shah remain exposed
for more than 2 days. From May 1 to September 30, no soils shall
remain exposed for more than 7 days. Prior to leaving the site,
stormwater runoff shall pass through a sediment pond or sediment
trap, or other appropriate BMPs.
and easement limits
Itt the field, stake attd flag clearing limits and/or any easements,
setbacks, sensitive/critical areas and their buffers, trees and
drainage courses.
c .................................. ~ ............... rotection
adjacent properties
Properties adjacent to the project site shall be protected from
sediment deposition.
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stabilization of sediment trapping measures
Sediment ponds and traps, perimeter dikes, sediment barriers, and
other BMIPs intended to trap sediment on-site shall be constructed
as a first step in grading. These BMPs shall be fimctional before
land disturbing activities take place. Earthen structures such as
dams, dikes, and diversions shah be seeded and mulched
according to the timing indicated in Erosion and Sediment Control
Requirement.
e .................................. . .............. ut an s es
Cut and fill slopes shah be designed and constructed in a manner
that will minimize erosion. Itt addition, slopes shall be stabilized
itl accordance with t:~.~o. ..... ,, e.,d; ..... ~ r~.~.,....~ io .... ~ .....~ ~ t
~(a).
........................... tro. , ~~. Controlling off-site
erosion
Properties and waterways downstream from development sites
shall be protected from erosion due to increases in the volume,
velocity, and peak flow rate of stormwater runoff from the project
site.
g. £rosion-and sediment control requirementdbT: Stabilization of
temporary conveyance channels and outlets
AH temporary on-site conveyance channels shah be designed,
constructed and stabihzed to prevent erosion from the expected
velocity of flow from a 2-year, 24-hour frequency storm for the
developed condition. Stabihzation adequate to prevent erosion of
outlets, adjacent streambanks, slopes and downstream reaches
shah be provided at the outlets of aH conveyance systems.
h, r,~..o; .....a o~a;.~.., ,....,,...t ..... ~ ...... ,4~ ~. Storm drain inlet
protection
All storm drain inlets made operable during construction shall be
protected so that stormwater runoff shall not enter the conveyance
system without first being filtered or otherwise treated to remove
sediment.
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utility construction
The construction of underground utility lines shall be subject to the
foftowing criteria:
(J) ~ere feasible, no more than 500feet of trench shall be
opened at one time.
(2) ~here consistent with sa~eiy and space considerations,
exc~ated material shall be placed on the uphift side of
trenches.
(3) Trench dewatering devices shall discharge into a sediment
trap or sediment pond.
r~..o~ ..... .~ o~t; ..... , .... ,~..t ..... ~ ...... ' #IO' Construction
access routes
Wherever construction vehicle access routes intersect paved roads,
provisions must be made to minimize the transport of sediment
(mud) onto the paved road. If sediment is transported onto a road
surface, the roads shall be cleaned thoroughly at the end of each
day. Sediment shall be removed from roads by shoveling or
sweep#~g and be transported to a controlled sediment disposal
area. Street washing shall be allowed only after sediment is
removed in this manner.
k. ~,c'~°~,.~,,,.,. ..... ...,...-4 ,.,.,~.,...,,.o~'4;~"-' ...._,.~ t ..... ; ......... ' #!!'. Removal of
temporary BMPs
Ail temporary erosion and sediment control BMPs shaft be
removed within 30 days afler final site stabilization is achieved or
after the temporary BMPs are no longer needed Trapped
sediment shall be removed or stabilized on site. Disturbed soil
areas resulting from removal shall be permanently stabilized
.................................. ~ ................ ewater
construction sites
Dewatering devices shaft discharge into a sediment trap or
sediment pond
m. Erosion and sediment contra! requirement # 13: Control of
poftutants other than sediment on construction sites
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All pollutants other than sediment that occur on-site during
construction shall be handled and disposed of in a manner that
does not cause contamination of stormwater.
n .................................. u ................ ntenance
All temporary and permanent erosion and sediment control BMPs
shall be maintained and repaired as needed to assure continued
performance of their intended function. All maintenance and
repair shall be conducted m accordance with an approved manual.
o .................................. ,~ ................Financial lia
Performance bonding, or other appropriate financial instruments,
shall be required for all projects to ensure compliance with the
approved erosion and sediment control plan.
(4) Minimum Requirement #2 -- Preservation of Natural Drainage Systems
Natural drainage patterns shah be maintained, and discharges from the
site shall occur at the natural location, to the maximum extent practicable.
(5) Minimum Requirement #3 -- Source Control of Pollution
Source control BMPs shall be applied to all projects to the maximum
extent practicable as determined by the Director. Source control BMPs
shall be selected, designed, and maintained according to an approved
manual.
An adopted and implemented basin plan ('Minimum Requirement #9) may
be used to develop source control requirements that are tailored to a
specific basin. However, in ail circumstances, source control BMPs shall
be required for all sites.
(6) Minimum Requirement #4 -- Runoff Treatment BMPs
A Hprojects shah provide treatment ofstormwater. Treatment BMPs shah
be sized to capture and treat the water quality design storm, defined as the
6-month, 7-day return period storm. The first priority for treatment shall
be to it~ltrate as much as possible of the water quality design storm, only
if site conditions are appropriate and ground water quality will not be
impaired Direct discharge of untreated stormwater to ground water is
prohibited All treatment BMPs shall be selected, designed, and
maintained according to an approved manual.
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Stormwater treatment BMPs shall not be built within a natural vegetated
buffer, except for necessary conveyance systems as approved by the local
government.
An adopted and implemented basin plan may be used to develop runoff
treatment requirements that are tailored to a specific basin.
(7.) Minimum Requirement #5 -- Streambank Erosion Control
The requirement below applies only to situations where stormwater runoff
is discharged directly or indirectly to a stream, and must be met in
addition to meeting the for Runoff Treatment BMPs requirements:
Stormwater discharges to streams shall control streambank erosion by
limiting the peak rate of rumOr from individual development sites to not to
exceed the pre-existing conditions for 2-year, 24-hour design storm while
maintaining the existing condition peak runoff rate for the lO-year, 24-
hour and lO0-year, 24-hour design storms. As the first priority,
streambank erosion control BMPs shall utilize infiltration to the fidlest
extent practicable, only if site conditions are appropriate and ground
water quality is protected Streambank erosion control BMPs shall be
selected, designed, and ma#ttained according to an approved manual.
Stormwater treatment BMPs shall not be built within a natural vegetated
buffer, except for necessary conveyance aystems as approved by the City.
An adopted and implemented basin platt may be used to develop
streambank erosion control requirements that are tailored to a specific
basra.
(8) Minimum Requirement #6 -- Wetlands
The requirements below apply only to silttalions where stormwater
discharges directly or indirectly through a conveyance system into a
wetland, and must be met in addition to meeting the Runoff Treatment
BMPs.
a. Stormwater discharges to wetlands will be treated to the extent
practical prior to discharge.
b. Discharges to wetlands shall maintain the hydroperiod and flows
of existing site conditions to the extent necessary to protect the
characteristic uses of the wetland. Prior to discharging to a
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wetland, alternative discharge locations shall be evaluated, and
natural water storage and infiltration opportunities outside the
wetland shall be maximized.
c. Created wetlands that are intended to mitigate for loss of wetland
acreage, fitnction attd value shah not be designed to also treat
stormwater.
d. Itl order for constructed wetlands' to be considered treatment
systems, they must be constructed on sites that are not wetlands
and managed for stormwater treatment. If these systems are not
managed and maintained in accordance with an approved manual
for a period exceeding three years these systems may no longer be
considered constructed wetlands. Discharges from constructed
wetlands to waters of the state (including discharges to natural
wetlands) are regulaled under Ch. 90.48 RCI~, Ch. 173-201 WAC,
and Ch. 173-200 WAC.
e. Stormwater Treatment BMPs shah not be built within a natural
vegetated buffer, except for necessary conveyance systems as
approved by the City.
An adopted attd implemented basin plan may be used to develop
requirements for wetlands that are tailored to a specific basin.
(9) Minimum Requirement # 7: Water Quality Sensitive Areas
Where local governments determine that the minimum requirements don't
provide adequate protection of water quality sensitive areas, either on-site
or within the basin, more stringent controls shah be required to protect
water quality.
Stormwater Treatment BMPs shah not be built within a natural vegetated
buffer, except for necessary conveyance systems as approved by the local
government.
An adopted and implemented basin plan may be used to develop
requirements for water quafity sensitive areas that are tailored to a
specific basin.
(10) Minimum Requirement #8: Off-Site Analysis and Mitigation
All development projects shah conduct an analysis of off-site water quality
impacts resulting from the project and shah mitigate these impacts. The
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analysis shall extend a minimum of one-fourth ora mile downstream from
the project. The existing or potential impacts to be evaluated and
mitigated shall include, at a minimum, but not be limited to:
a. Excessive sedimentation
b. Streambank erosion
c. Discharges to ground water contributing or recharge zones
d Violations of water quality standards
e. Spills and discharges of priority pollutants
(11) Minimum Requirement//9: Basin Planning
Adopted and implemented watershed-based basin plans may be used to
modify any or all of the Minimum Requirements, provided that the level of
protection for surface or ground water achieved by the basin plan will
equal or exceed that which wouM be achieved by the Minimum
Requirements in the absence ora basin plan. Basin plans shall evaluate
and include, as necessary, retrofitting of BMPs for existing development
and/or redevelopment in order to achieve watershed-wide pollutant
reduction goals. Standards developed from basin plans shall not modify
any of the above requirements until the basin plan is formally adopted and
fidly implemented by local government. Basin plans shall be developed
'according to an approved manual.
(]2) Minimum Requirement #10: Operation andMaintenance
An operation and maintenance schedule shall be provided for all
proposed stormwater facilities and BMPs, and the party (or parties)
responsible for maintenance and operation shall be identified.
(]3) Minimum Requirement #11: Financial Liabifity
Performance bonding or other appropriate financial instruments shall be
required for all projects to ensure compliance with these standards.
(14) Exceptions
Exceptions to minimum requirements # 1 through # 11 may be granted
prior to permit approval and construction. An exception may be granted
following a public hearing, provided that a written finding of fact is
prepared that addresses the following:
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a. The exception provides equivalent environmental protection and is
in the public interest; and that the objectives of safety, function,
environmental protection and facility maintenance, based upon
sound engineering, are fully met;
b. That there are special physical circumstances or conditions
affecting the property such that the strict application of these
provisions wouM deprive the applicant of all reasonable use of the
parcel of land in question, and every effort to find creative ways to
meet the intent of the minimum standards has been made;
c. That the granting of the exception will not be detrimental to the
public health and welfare, nor injurious to other properties in the
vicinity and/or downstream, and to the quality of waters of the
state; and
d The exception is the least possible exception that could be granted
to comply with the intent of the Minimum Requirements.
15.04.050 SERVICE CONNECTIONS. All service connection shall be in accordance
with the System Development and Construction Standards.
A service connection to a closed Stormwater drainage facility shall be extended from the
conveyance facility to a point adjacent to the property line '~-'~
and shall be maintained by the property owner.
15.04. 060 ON-SITE (PRIVATE) IMPROVFAdENTS. New multi-family (exceeding two
units), commercial or industrial developments shall provide, at their own cost, on-site water
quality and quantity improvements to include but not be limited to conveyance facilities,
retention/detention ponds, under-drains, separators, or other on-site facilities that are required
to limit the off-site discharge of stormwater and to control stormwater quality. Improvements
shall be in accordance with the System Development and Construction Standards.
On-site facilities shall be regularly maintained, cleaned, serviced and repaired Any
inoperable facility shall be considered a nonconforming condition and ~tbject to abatement
under Section 15. 04. 080.
15.04.070 SAMPLING STA?IONS. When required by the Department, the property
owner shall install and maintain at their expense, a manhole in the connection to facilitate
observation, sampling, and measurement of surface drainage and stormwater flows and
contaminant loadings. The manhole shall be located as approved by the Department and
constntcted in accordance with System Development and Construction Standards.
15.04.080 ABATEMENT OF NONCONFORMING, UNAUTHORIZED OR UNSAFE
CONDITIONS. The Department shall be responsible for the integrity, safety, and the continuity
of the stormwater system. As a condition of the UtiBty Service Agreement the property owner
-36-
shall grant the Department the authority to make inspections at any time if the Department or
other appropriate agency has reasonable cause to believe there exists on the premises a
nonconforming, unauthorized, or unsafe conditions or to verify no such condition exists. The
Director or his/her designee may enter onto such property to inspect the condition or to perform
any duties imposed upon the Department by this Code provided the Department shall first make
reasonable efforts to contact the owner or person responsible for such property. The City shah
have recourse to every remedy provided by law to secure entry and abate the condition. Such
remedy may inchtde, but no be limited to, securing property owner's correction; revocation,
suspension, or discontinuation or service, permits, or authorizations; removal, reconstruction,
replacement, or alteration of unauthorized condition; or aH other powers and remedies which
may be available under law, this Title, and regulations and procedures adopted hereunder.
Expense incurred by the Department in abating such conditions shah constitute a civil debt owed
to the City which shah be collectable itt the same manner as arty other civil debt.
15.04.090 STORMWATER SYSTFJd MAINTENANCE. The Department shall be
responsible for the operation, maintenance and repair of the stormwater system and
appurtenances under its jurisdiction and located within the public right-of-way, dedicated utility
easements an owned property. The Department shah not be reasonable for servicing private
systems extending from the City's stormwater line, except as provided in this chapter.
When maintenance, repair, or replacement of publicly-owned facilities is required due to
user activities resttIt in unsafe, nonconforming, or ut~authorized conditions as set fort in this
Section, the City shah hold the responsible party liable for aH costs of repairs, replacement, and
inspection, and any other cost incurred to the City as a result of such activities.
15.04.100 INTERRUPTION OF SERVICE. Stormwater service may be temporarily
discontinued in an emergency without notice customers or for the purpose of making repairs,
extension, or arty other necessary work. The City shah not be hem responsible for any damage
to a private property resulting from interruption, faihtre of the stormwater system, or failure of
the property owner to comply with provisions of this Code.
Whenever reasonable, attd in cases where it has advance knowledge thereof, the
Department will notify aH customers to be affected by an interruption of service in the official
city newspaper or by employees of the Department for areas affected
15.04.110 CHANGED SITE CONDITIONS. When an alteration to an existing parcel of
property requires a building or grading permit, a new stormwater Utility Service or Development
Agreement shah be required if any existing stormwater connections do not meet the current
standards and requirements.
15.04.120 PI~OHIBITED ACTS. Violations under this section shah be punishable as a
misdemeanor unless otherwise indicated
(a) Ut~lawfi~l Tampering. It shah be unlawful for any person, unless duly authorized
by the Department, to disturb, interfere with, or damage arty stormwater facilities, including
pipe, machinery, tools, buildings, improvements, or other appurtenances belonging to connected
with or under the control of the Department.
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(b) Prohibited Discharges. It shall be unlawful for arty person to discharge or cause
the discharge into any stormwater manhole, pipe, drain, ditch or natural water course any of the
following materials and substances:
(1) Any garbage, rubbish, dead animals, or any substance which will obstruct,
or have a tendency to obstruct, the flow of any sewer, drain, ditch or
natural water course.
(2) Erosion, debris, and sediments from construction or excavation.
(3) Any pollution, as defined in this chapter, into the stormwater system,
gases in sufficient quantity, either singly or by interaction with other
wastes to constitute a hazard to humans or animals, create a public
nuisance, or create arty hazard in the receiving waters.
(4) Any strong acid (pH lower than 5.5) or alkaline (pH higher than 8.5) or
any other corrosive waste capable of causing damage or hazard to the
structures, equipment, or personnel of the City.
(5) Any septage or wastewater.
CHAPTER 15.05
(RESERVED)
CHAPTER 15.06
ASSESSMENTS, RATES, FEES AND CHARGES
Sections:
15.06.010 Purpose.
15.06.020 Assessments.
15.06.030 Rates - Water.
15.06.040 Rates - Wastewater.
15.06.050 Rates - Stormwater.
15.06.060 Miscellaneous fees and charges.
15.06.010 PURPOSE. The Ordinances codified in this Section provide for the
establishment of assessment fees, utility rates, and other service charges for connection to or
utilization of the Utility system, for providing utility service and administration and maintenance
of utility accounts, and for the operation, maintenance, repair, and improvements of the Utility
system. Assessment fees, utility rates and other service charges shall include but not be limited to
front footage-general facility fees, connection charges, utility service rates, account maintenance
charges, plan check, and system development fees and charges.
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The Department will periodically review all Utility fees and charges to determine its
continuing ability to recover costs incurred by the Department in providing water, wastewater, or
stormwater services to Utility customers and to ensure that necessary funds are available for the
operation and maintenance of the water, wastewater, or stormwater systems. (Ord. 4309 §2 (in
part), 1991).
15.06.020 ASSESSMENTS.
(a) General Facility Fee. A General Facility Fee (GFF) shall be charged on all new or
expanded service connections to the utility system pursuant to the Utility Fee Schedule established
for utility service. The GFF shall be proportionate to the cost of providing facilities. Existing
connections within the system as of the effective date of this Code shall be considered to have
paid their proportionate share of the GFF for existing use.
The calculation of the GFF for water and wastewater will be based on the number of
Equivalent Residential Unit(s) (ERU) served and shall be apportioned and assessed as follows:
Single family residence 1 ERU/Unit
Two units 1 ERU/Unit
Multi-Family (3 or more units) .8 ERU/Unit
Commercial/Industrial (each 2000 sq ft
of structure) I ERU/2000 SQFT
Transitory Living Units ~ motels/hotels .5 ERU/Unit
Irrigation Systems (separately metered;
each 2000 sq ft of irrigated area) .5 ERU/2000 SQFT
The calculation of the GFF for stormwater will be based on the number of Impervious
Surface Unit(s) served and shah be apportioned and assessed as follows:
Classification Fee
Single Family and two unit duplexes No Charge
Multi-Family (3 or more units), Commercial or Industrial 1 ISU/2500 SQFT
Developments
The GFF shall be assessed and paid at the time of execution of the Utility Service
Agreement for all new service connections and prior to occupancy of the new or expanded
facilities and shall be in addition to rates and other fees, assessments, and charges established for
utility service.
The GFF shall be adjusted on February 1 of each year, based on the Seattle Area I
Consumer Price Index, for all urban consumers for the year ended December of the preceding
year or a rate fee study, unless otherwise adjusted by the City Council. I
(b) Front Footage Fee. A Front Footage Fee (FFF) shall be collected on all utility
system mains which were installed or funded by the Utility and/or are subject to reimbursement
agreements. Pursuant to the utility fee schedule established for utility service.
All property owners connecting to a utility system shall contribute toward the cost of
construction of utility mains at the time they are constructed or be required to pay FFF.
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The calculation of the FFF shall be based on the total front footage of rectangularity
shaped parcels of property under individual ownership fronting the main and served by the main at
the time of connection.
Properties situated on corner lots abutting utility mains on two sides shall have the front
footage charge computed by averaging the two sides. Properties served which are not abutting a
utility main and wherein it is undesirable to extend or install a utility main shall be assessed a FFF
equivalent to fifty (50) feet of footage.
Irregularly shaped parcels of property with frontage of less than fifty (50) feet of frontage
abutting a utility main shall be assessed a minimum FFF equivalent to fifty (50) feet of footage.
The FFF shall be assessed and paid at the time of execution of the Utility Service
Agreement and shall be in addition to rates and other fees, assessments, and charges established
for service.
The FFF shall be adjusted on February 1 of each year on the Seattle Area Consumer Price
IIndex, for all urban consumers for the year ended December of the preceding year, unless
otherwise adjusted by the City Council.
(c) Connection/Inspection Fee. A connection/inspection fee shall be charged for all
service connections to the Utility system pursuant to the Utility Fee Schedule established for
utility service.
Additional fees may be charged if a reinspection is required as a result of the property
owner/developer's failure to comply with the correction notice from a prior inspection,
inaccessibility of facilities for scheduled inspections, or an unsafe site.
In the event it should be necessary to remove and restore surface improvement, including
but not limited to asphalt concrete and concrete streets and sidewalks, in order to install a service
connection, an additional fee shall be levied pursuant to the fee schedule established for removal
and replacement.
The connection/inspection fee or deposit shall be assessed and paid at the time of
execution of the Utility Service Agreement.
The connection fee shall be adjusted on February 1 of each year based on the Seattle Area
Consumer Price Index for all urban consumers for the year ended December of the preceding
year, unless otherwise adjusted by the City Council. (Ord. 4309 {}2 (in part), 1991).
15.06.030 RATES - WATER.
(a) Retail Water Rates. A general retail water rate shall be assessed all users of the
Utility water system for municipal service provided pursuant to the Utility Rate Schedule
established for domestic water service. The retail rate shall be calculated on a bimonthly billing
with a service charge based on meter size and type and a commodity charge computed to the
nearest 100 cubic feet.
Retail rates for out-of-City users shall be 150 percent of the City rate.
(b) Wholesale Water Service. The Department may sell surplus water to water
districts or other public agencies that have been organized pursuant to the laws of the State and
that desire to purchase water from the City. Such service shall be through a wholesale contract,
under such terms and under such conditions as shall be deemed fair and equitable by the City. All
wholesale water contracts shall be subject to Mayoral approval and City Council authorization.
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(c) Sprinkler and Fire Protection Service. The Department shall levy a general fire
service charge to all users of the Utility service system for fire service provided pursuant to the
Utility Rate Schedule. The fire service rate shall be billed on a bimonthly billing and shall be
based on the size and type of service provided.
The service charge herein set forth shall be granted only during such times as there is no
appreciable registration by meters maintained by the Department. Water used for purposes other
than extinguishing fires through a fire service connection shall be charged at a rate not less than
double the domestic rate provided by this Chapter.
(d) Temporary/Construction Meters. Persons desiring temporary water service from a
fire hydrant, hose connection, or meter for the purposes of construction, special events, or other
activities that are limited in duration shall make application to the Department on the form
provided and make a deposit pursuant to the Utility Fee Schedule established for
temporary/construction meters.
Temporary/construction meters shall be limited to six-month duration and may be renewed
subject to approval by the Director and payment for service rendered to date.
The rate shall be calculated at the conclusion of use and shall be based on the meter size
and type of meter used and a commodity charge computed to the nearest one hundred (100) cubic
feet. The base charge shall include meter and appurtenances rental and set-up charge.
Rates for out-of-City users shall be 150 percent of the in-City rate. (Ord. 4309 §2 (in
part), 1991).
15.06.040 RATES - WASTEWATER.
(a) Retail Wastewater Rates. A general retail wastewater rate shall be hssessed of all
users of the Utility wastewater system pursuant to the Utility Rate Schedule established for
wastewater service.
The retail rate shall be based on flow and strength of sewage discharged by the user of the
system.
Flow shall be determined by the amount of domestic water usage provided to the
customer and shall be calculated based on domestic water meter reading of the domestic water
supply being provided to the customer.
Flows for summer usage for residential customers shall be determined based on the
previous six-month average winter domestic water usage by the customer, provided the account
was in effect and active for at least two billing periods of the preceding six months. The
calculation period shall be determined by the Department based on usage and billing cycles.
In the event the customer is not connected to a public water supply that utilizes domestic
water meter, the flow shall be determined by the Department based on the average flow of the like
customer class.
Strength shall be determined by the loadings discharged by the customer and shall be
segregated into like customer classes based on their respective sewage strengths. Retail rates for out-of-City users shall be 115 percent of the City rates.
(b) Wholesale Wastewater Service. The Department may receive and treat
wastewater from adjacent wastewater districts and other public agencies that have been organized
pursuant to the laws of the State. Such service shall be through a wholesale contract, under such
terms and conditions as shall be deemed fair and equitable by the City. All wholesale wastewater
contracts shall be approved by the Mayor and authorized by City Council.
(c) Bulk Transport Disposal Services. The Department shall levy charges for
disposal of bulk transported wastes from mobile tanks into the Utility wastewater system
pursuant to the Utility Fee and Rate Schedule established for disposal services. Discharge
~':om holding tanks from recreational vehicles or pleasure craft shall be exempt.
Ten (10) percent of the fees collected under this Section shall be
allocated quarterly to the Kitsap County Public Health Pooling Fund. (Ord. 4309 §2 (in
part), 1991).
15.06. 050RATES - STORMWA TER.
(a) Surface Drainage/Stormwater Rates. A generalstormwater rate shall be assessed
all property owners who contribute to or benefit from the Utility stormwater system pursuant to
the Utility Fee and Rate Schedule established for stormwater service by Council Ordinance
rcsalu:ic, n; Provided, however, that all parcels of property that remain undeveloped, unaltered
or in their natural condition shall be exempt from stormwater assessment until such time as they
are developed, altered, or improved.
Rates shall be determined by the approximate amount of impervious
surface area of developed parcel, including publicly owned property and right-of-way.
Impervious surface, measured in equivalent impervious surface
units (ISU'sJ shall be determined for each developed property, except single fumily or duplex
uses which shall be assigned the minimum rate.
(b) Rate Adjustment. A rate adjustment pursuant to the Utility Rate Schedule will
be applied to all multi-family (3 or more unitsJ, commercial, and industrial development which
provide for the installation of on-site water quality and quantity improvements which meet all
System Development and Construction Standards. Eligibility will require the treatment of
stormwater dischargespriorto entry in to the Utility stormwater system and the reduction of the
amount of stormwater discharges into the Utility stormwater system to an amount not to exceed
O. 2 CFS/acre based on a 25-year storm. All property presently developed with impervious
surfaces and meeting said requirements will be required to present evidence to the Department
of meeting these requirements prior to receiving the adjustment.
All new development will be required to install watery quality and
quantity improvements prior to connection to the stormwater system and will receive the rate
adjustment upon successful completion of the installation. Application for building permits or
fill~grade permits must include standard stormwater quality and quantity improvement plans.
The facts set forth in this subsection shall apply only if the
on-site or other facility that have received an adjustment in their rates are
maintained and operated in accord with any City Standards applicable at the time of billing.
In the event that the Director determines that the system is not properly operated and
maintained, the rate reduction shall be discontinued until deficiencies are corrected in addition
~o other remedies provided in this chapter.
15.06.060 MISCELLANEOUS FEES AND CHARGES. The Department shall
set fees and charges to recover all or a portion of its administrative and operations expenses
related to the services set forth herein.
(a) Automatic Cash Transfer. All customers who utilize the automated clearing
house Automatic Cash Transfer system (ACT) will be allowed a $1.00 credit on each utility
bill. Such credit will commence with the billing following application and approval for ACT.
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(b) Low-Income Senior Citizens and Low-Income Disabled Citizens. The
:~i:~imum water, stormwater and wastewater service charges of the City shall include a Iow-
i.,come senior citizen and low-income disabled citizen rate, pursuant to the utility fee and
'~:!~ schedule.
To qualify for the low-income senior citizen low-income disabled
.itizcn rate, the individual shall meet the criteria established by RCW 74.38.070. In order
to remain eligible for the credit, the applicant shall be required to reapply each year with
the Department.
(c) Service Fee - Field. A service fee shall be charged for all service calls to the
~wner's premises pursuant to the Utility Fee and Rate Schedule established for utility
~;:rvice. Service calls shall include but not be limited to turn-on/turn-off of water services
:'~s a result of delinquent payment of accounts, after hours utility location requests, and
:,~'peat service calls during normal work hours.
After hours, weekend, and holiday service requests shall require
acknowledgment by signature of the requesting party on the form which identifies the
additional service and fee provided by the service specialist. The service fee shall be added
::~ the regular utility billing for service.
(d) Service Fee - Office. A service fee shall be charged for all account
maintenance, including but not limited to activation and discontinuation of the utility
account, changes in address, designated agents, duplicate billing, and property liens. The
,~ervice fee shall be added to the regular utility billing for service.
(e) Delinquency Charge. A delinquency charge of one percent (1%) per month
shall be added to the unpaid balance of each and every utility bill which is not paid on or
before such bill becomes delinquent.
(f) Cross-Connection Control Inspections. The Department shall charge a fee for
the required annual inspection of backflow prevention devices if the customer requests the
Department to perform such service.
(g) Fire Protection Capacity/Hydrant Services. The Department shall be
authorized to assess all entities for services for providing additional system capacity in
meeting fire protection and flow requirements pursuant to state and local codes and for the
~aintenance and repair of publicly owned fire hydrants. The Department may enter into
agreements with owners of private fire systems for hydrant repairs and maintenance. (Ord.
4309 §2 (in part), 1991).
CHAPTER 15.07
UTILITY BILLING
Sections:
15.07.010 Purpose.
15.07.020 Utility service accounts.
15.07.030 Account maintenance.
15.07.040 Billing statement.
15.07.050 Billing and duplicate billings.
15.07.060 Automatic cash transfer.
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15.07.070 Designated agents.
15.07.080 Delinquent accounts.
15.07.090 Liens.
15.07.100 Deferred payment.
15.07.110 Adjustments.
15.07.120 Meter failure.
15.07.130 Disconnection.
15.07.010 PURPOSE. The Ordinances codified in this chapter provide for the
establishment of a Department billing and receipting system for the reimbursement of the costs of
providing utility service.
The Department is additionally authorized to provide to other municipal' Corporations
billing and accounting services through interlocal agreement approved by the Mayor and
authorized by the City Council. (Ord. 4309 {}2 (in part), 1991).
15.07.020 UTILITY SERVICE ACCOUNTS. The Department shall create a Utility
Service Account upon receipt of an executed Utility Service Agreement.
The account shall be in the name of the owner and may be activated or terminated only
upon written notice by the owner and payment for services provided.
Billing for Utility services shall commence at the date of connection to or use of the Utility
system unless modified herein.
Billing for mandated wastewater service as directed by the Health Officer or the
Department regardless of connection shall commence sixty (60) days following written notice by
the Health Officer or the date of connection whichever shall occur first. (Ord. 4309 {}2 (in part),
1991).
15.07.030 ACCOUNT MAINTENANCE. Whenever the owner of a premises connected
to the Utility system desires to have the service activated or discontinued for his own or anther's
use, he shall noti~ the Utility Billing in writing on the forms provided.
The Department, upon payment of a service fee, will activate or discontinue service or pro
rate the customer bill for partial billing periods upon the request of the owner.
Reconnection of service will require payment for all services provided prior to
discontinuing service.
Where a service has been inactive for more than five (5) years and a property owner
petitions to reactivate the service to the premises, in addition to making application, a flow test
will be required to evaluate the service to determine if adequate flow is currently available. The
Department will perform the flow test at the owners expense. A service fee and payment for any
unpaid previous charges shall be assessed prior to activation of the service. If inadequate flow is
determined, a new service will be required by the Department and shall be at the expense of the
owner. (Ord. 4309 {}2 (in part), 1991).
15.07.040 BILLING STATEMENT. The Department shall regularly bill each Utility
Service Account for all fees, rates, and charges for service during the billing period.
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Payments received on each service account shall be applied in the following priority to the
outstanding account balances: fees, administrative charges, stormwater charges, wastewater I
charges, and water charges. Receipts shall be credited to the oldest balances first.
A utility bill shall be considered past due thirty (30) days after date of billing.
A utility bill which remains unpaid after the due date shall be classified as a delinquent
account and shall be subject to delinquent charges. (Ord. 4309 {}2 (in part), 1991).
15.07.050 BILLING AND DUPLICATE BILLINGS. Billing statements shall be mailed
to the address requested by the property owner. Duplicate bills sent to a different address shall be
assessed a duplicate billing charge sufficient to recover all costs of processing and mailing.
The property owner shall be responsible for all fees, rates and charges on the Utility
Service Account irrespective of the use of the duplicate billing procedures. (Ord. 4309 {}2 (in
part), 1991).
15.07.060 AUTOMATIC CASH TRANSFER. A property owner or his designated
agent may at his option request in writing, on the form provided by the Department, direct
automatic transfer of funds from a designated account at a financial institution to the Department
for payment of utility service. The transfer shall be made at the time of the due date regular
billing of the account and the property owner shall receive a statement of charges paid. (Ord.
4309 {}2 (in part), 1991).
15.07.070 DESIGNATED AGENTS. Any property owner may designate an agent to
receive billing and provide for account maintenance. To designate an agent, the owner must
deliver to the Utility billing office a properly executed form provided by the Department. The
owner shall be responsible for notifying the Utility of any change in the agent's status. (Ord. 4309
{}2 (in part), 1991).
15.07.080 DELINQUENT ACCOUNTS. The Department shall have the right at its
option to terminate service to the premises for which the account is delinquent, provided service
is not to be terminated for those accounts which require utilities for the operation of life-
sustaining machines or equipment. Such an exception shall require the submission of a written
documentation of the requirement signed by a licensed physician, following each notice of
delinquency and must be submitted to and approved by the Director.
W-hen an account becomes delinquent, the Department shall provide written notice to the
owner or agent notifying that the account is delinquent.
The written notice shall contain the following information: date of termination which shall
be no sooner than ten (10) days from notice; a statement of the reason for the proposed
termination of service; a statement of what may be done to avoid termination; a statement that the
property owner may file a written appeal with the Department and the rights of the property
owner to dispute the proposed termination.
The Department shall visit the service address ten (10) days following the written
notification and physically place a final notice of termination on the door of the residence. The
notice shall contain the following information: the reason for termination of service; the time in
which service will be discontinued which shall not be sooner than forty-eight (48) hours from final
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notice; a statement of what may be done to avoid termination; a statement that the property
owner may file a written appeal disputing the proposed termination.
If payment is not received within 48 hours following final notice, the service to the
premises shall be terminated. (Ord. 4309 {}2 (in part), 1991).
15.07.090 LIENS. Any and all charges provided for in this Chapter shall constitute a lien
against the property served when the charges become delinquent and unpaid. Enforcement and
collection of the lien shall include but not be limited to the right to discontinue service and deny
service thereafter to any and all owners and/or occupants or tenants at the premises until the lien
has been satisfied.
In the case where the owner of the premises moves to another location within the service
area or applies for service at a new location, service may be denied at such location until the lien
at the first location has been satisfied.
The Department shall file a lien against the property served at the Office of the County
Auditor for Kitsap County when a utility account becomes delinquent and unpaid. Such lien shall
include the delinquent charges, a charge for the cost of preparing and filing said lien.
Failure to receive a bill does not relieve an owner or user of the responsibility for payment
of charges and penalties on the account. (Ord. 4309 {}2 (in part), 1991).
15.07.100 DEFERRED PAYMENT. A deferred payment arrangement may be extended
to customers for the payment of delinquent accounts where the customer can demonstrate a
temporary inability to make full payment. Customers who have failed to comply with previous
payment arrangements, have a history of payment problems or fail to stay current in utility bills
may be denied deferred payment arrangements or have arrangements terminated. (Ord. 4309 {}2
(in part), 1991).
15.07.110 ADJUSTMENTS. In the event of excessive registration of the water meters
caused by broken or leaking water service pipes upon the premises of any customer, without
knowledge or fault of the customer, an adjustment may be requested upon written application
within a,,,~o:v ~-~t~:x mc, nth thirty (30) day period of receipt of the billing in question. After the
complete and satisfactory repairs and with documentation of satisfactory repair reduction in fees
shall be limited to one-half of the excess water billing and the entire excess sewer billing as
determined by the Department to be associated with the billing period in question, in aeec, r~ance
If a customer disputes an adjustment, an appeal may be filed as set forth herein. (Ord.
4309 {}2 (in part), 1991).
15.07.120 METER FAILURE. In the event of a meter failing to register properly, the
user shall be charged an estimate of the consumption from whatever may be considered the most
reliable data or method available to the Department. (Ord. 4309 {}2 (in part), 1991).
15.07.130 DISCONNECTION. No person or owner of any premises connected to the
City's water supply system shall disconnect the water on said premises unless he shall first file a
written request and pay all arrearages current on water usage for said premises. (Ord. 4309 §2 (in
part), 1991).
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CHAPTER 15.08
APPEALS
Sections:
15.08.010 Appeals - Department of Public Works and Utilities. .
15.08.020 Appeal - Municipal Court.
15.08.010 APPEALS - DEPARTMENT. A property owner, tenant or developer shall
have the right to appeal matters dealing with utility accounting, billing and service termination.
Complaint in the case of termination of service shall be filed in writing with the
Department within fourteen (14) days of the notice of termination. All other complaints shall be
filed within thirty (30) days of notice of the action appealed.
The Department shall be required to respond in writing to the appellant within 30 days
affirming or reversing its decision or requesting additional information for adjudication of the
complaint. (Ord. 4309 {}2 (in part), 1991).
15.08.020 APPEAL - MUNICIPAL COURT. Bremerton Municipal Court shall have
jurisdiction to receive and rule on appeals from customers aggrieved by the Department's decision
to shut off' water after a written complaint has been denied by the department under section
15.08.010. However, the Court, in its discretion, may assign the appeal to the Office of the
Hearing Examiner.
The administrative appeal under this chapter shall be conducted according to procedures
of municipal code chapter 2.84, provided the hearing shall be set within thirty (30) days of filing
and the filing fee shall be twenty-five dollars ($25.00) whether heard by the Court or Hearing
Examiner. (Ord. 4309 {}2 (in part), 1991).
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CITY OF BREMERTON ORDINANCE NO. 4454
TITLE: AN ORDINANCE segregating operations of the City
utilities' stormwater system from the wastewater system,
establishing best management practices for source control
and a rate structure for stormwater; and amending Title
15 of the Bremerton Municipal Code.
SU~Y:
IA complete text of the ordinance is available without charge from
the City Clerk, 239 4th Street, Bremerton, WA. 98310.]
Section 1: BMC Chapter 15.01 is amended to include references
to a stormwater system along with the water and wastewater systems
of the Municipal utilities and to include definitions of stormwater
system terminology. A service agreement shall not be required for
residential units not requiring connection to a closed stormwater
conveyance system.
BMC Chapter 15.03 (b) (11) now makes the following conduct
unlawful:
It shall be unlawful for any person to deposit in any
manhole, lamphole, flush tank, sewer opening, drain,
ditch, or natural water course.., any new stormwater
discharges.
BMC Chapter 15.04 sets minimum stormwater source control
requirements for new development and redevelopment to control
pollution. Sections regulate service connections, system
maintenance, abatement of nonconforming or unsafe conditions and
on-site facilities to limit off-site discharge and control quality
of stormwater from multi-family, commercial or industrial
developments.
BMC 15.04.120 makes the following conduct unlawful:
Violations under this section shall be punishable as a
misdemeanor unless otherwise indicated. (a) Unlawful
Tampering. It shall be unlawful for any person, unless
duly authorized by the Department, to disturb, interfere
with, or damage any stormwater facilities, including
pipe, machinery, tools, buildings, improvements, or other
appurtenances belonging to connected with or under the
control of the Department. (b) Prohibited Discharges. It
shall be unlawful for any person to discharge or cause
the discharge into any stormwater manhole, pipe, drain,
ditch or natural water course any of the following
materials and substances: (1) Any garbage, rubbish, dead
animals, or any substance which will obstruct, or have a
tendency to obstruct, the flow of any sewer, drain, ditch
or natural water course. (2) Erosion, debris, and
sediments from construction or excavation. (3) Any
CITY OF BREMERTON ORDINANCE NO. 4454 -1-
4454.SUM - Disk 2 - 4/6/94
pollution, as defined in this chapter, into the
stormwater system, gases in sufficient quantity, either
singly or by interaction with other wastes to constitute
a hazard to humans or animals, create a public nuisance,
or create any hazard in the receiving waters. (4) Any
strong acid (pH lower than 5.5) or alkaline (pH higher
than 8.5) or any other corrosive waste capable of causing
damage or hazard to the structures, equipment, or
personnel of the City. (5) Any septage or wastewater.
BMC Chapter 15.06 establishes a general facility fee for
stormwater:
The calculation of the GFF [General Facility Fee] for
stormwater will be based on the number of Impervious
Surface Unit(s) served and shall be apportioned and
assessed as follows:
Classification Fee
Single Family and two unit duplexes No Charge
Multi-Family (3 or more units),
Commercial or Industrial Developments 1 ISU/2500 SQFT
A Stormwater is added in BMC 15.06.050:
15.06.050 RATES - STORMWATER.
(a) Surface Drainage/Stormwater Rates. A general
stormwater rate shall be assessed all property owners who
contribute to or benefit from the Utility stormwater
system pursuant to the Utility Fee and Rate Schedule
established for stormwater service by Council Ordinance;
Provided, however, that all parcels of property that
remain undeveloped, unaltered or in their natural
condition shall be exempt from stormwater assessment
until such time as they are developed, altered, or
improved.
Rates shall be determined by the approximate amount
of impervious surface area of developed parcel, including
publicly owned property and right-of-way.
Impervious surface, measured in equivalent
impervious surface units (ISU's) shall be determined for
each developed property, except single family or duplex
uses which shall be assigned the minimum rate.
(b) Rate Adjustment. A rate adjustment pursuant to
the Utility Rate Schedule will be applied to all multi-
family (3 or more units), commercial, and industrial
development which provide for the installation of on-site
water quality and quantity improvements which meet all
System Development and Construction Standards.
Eligibility will require the treatment of stormwater
discharges prior to entry in to the Utility stormwater
system and the reduction of the amount of stormwater
discharges into the Utility stormwater system to an
CITY OF BREMERTON ORDINANCE NO. 4454 -2-
4454.SUM - Disk 2 - 4/6/94
amount not to exceed 0.2 CFS/acre based on a 25-year
storm. All property presently developed with impervious
surfaces and meeting said requirements will be required
to present evidence to the Department of meeting these
requirements prior to receiving the adjustment.
All new development will be required to install
watery quality and quantity improvements prior to
connection to the stormwater system and will receive the
rate adjustment upon successful completion of the
installation. Application for building permits or
fill/grade permits must include standard stormwater
quality and quantity improvement plans.
The facts set forth in this subsection shall apply
only if the on-site or other facility that have received
an adjustment in their rates are maintained and operated
in accord with any City Standards applicable at the time
of billing. In the event that the Director determines
that the system is not properly operated and maintained,
the rate reduction shall be discontinued until
deficiencies are corrected in addition to other remedies
provided in this chapter.
Stormwater is included in utility billing priority and a low-
income senior and low-income disabled customer rate is provided.
BMC Chapter 15.07 is amended to add a policy for adjusting
utility bills because of broken or leaking pipes.
Section 2: Amends Ordinance No. 4442 to establish a discount
stormwater rate for low income senior and low income disabled
citizens in section 1,IV(b) (1):
IV. STORMWATER
(b) RATES:
(1) Retail Stormwater Service Rates.
Monthly Service Charge
City County
Single Family
Base Charge $4.00/Acct N/A
Low Income Senior Citizen and
Low Income Disabled Citizen
Rate $2.50/Acct N/A
CITY OF BREMERTON ORDINANCE NO. 4454 -3-
4454.$UM - Disk 2 - 4/6/94
Section 3: Sets the effective date of the ordinance as ten
days from passage and publication.
Passed by the City Council this 6th day of April 1994.
CITY OF BREMERTON ORDINANCE NO. 4454 -4-
4454.SUM - Disk 2 - 4/6/94