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HomeMy WebLinkAbout5250 ORDINANCE NO. 5250 AN ORDINANCE of the City Council of the City of Bremerton, Washington amending Title 15 of the Bremerton Municipal Code entitled"Municipal Utilities." WHEREAS,the City Council desires to amend Title 15 of the Bremerton Municipal Code to update provisions relating to municipal utilities; NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: SECTION]. Title 15 of the Bremerton Municipal Code entitled "Municipal Utilities" is hereby amended to read as follows: Chapter15.01 GENERAL PROVISIONS 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 fes and -ate Assessments Rates Fees and Charges set forth in Chapter 15.06 BMC of this to support the costs of operation, capitalization and debt service of the municipal utilities. Municipal utilities shall includeop table water, wastewater and stormwater systems, and those operations related to the efficient administration of these systems and their assets. 15.01.015 ENGINEERING DESIGN AND CONSTRUCTION STANDARDS UPDATES. The Public Works and Utilities Director eF-designee-is authorized to update and revise all Standards in this title as deemed appropriate. 15.01.020 DEFINITIONS. The terms used in this title shall mean the following, except where the context otherwise requires: (a) Definitions "A": "Active account" shall mean an account that has current usage, billing and payment activity. "Active water service" shall mean that the water meter for the service location has registered consumption. "AKART" shall mean all known, available, and reasonable methods of prevention, control, and treatment. See also the State Water Pollution Control Act, RCW 90.48.010 and 90.48.520. "As-graded" shall mean the extent of surface conditions on completion of grading. I Title 15 Amen&nents "Average daily" shall mean the total quantity divided by the number of days of waste or stormwater discharge or water use by the typical user in a user class. Qb) Definitions `B": "Backflow" shall mean the flow of water or other liquids, mixtures or substances into the distribution system of the public water,supply from any source or sources other than the intended source. "Backflow prevention device" shall mean a device to counteract back pressure and prevent back siphonage or back flow. "Best management practices (BMPs)" means a technique or methodology that through experience and research, has proven to reliably lead to a desired result. "BOD (Biochemical oxygen demand)" The quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory procedure in five(5) days at 20 degrees centigrade, expressed in parts per million or milligrams per liter (mg/L)by weight using the current accepted "Standard Analytical Laboratory Methods Manual." "Bulkhead" shall mean a seawall or rock embankment constructed along the waterfront to protect the land behind it from erosion by waves and tidal action of the sea. c Definitions "C": "Gal-per" ..hall mean she a:.,._.,tef ofany tfee .,..,L as meastiFed ,.t a height fr in) feet above the ground eft the apslepe side of the tr-ee. "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, real estate, right-of- way, debt service, and other costs associated with such improvements. "Clearing" shall mean the destruction and removal of vegetation by manual, mechanical, or chemical methods. This definition shall include grubbing vegetation. "Clearing and grading permit" shall mean the written approval of the City of Bremerton building inspector to proceed with the act of clearing property within the City limits of Bremerton. The clearing and grading permit includes the associated approved plans and any conditions of approval as well as the permit form itself. "City" means City of Bremerton. "Combined sewer" shall mean a sewer intended to convey sanitary sewage, industrial wastes, and storm and surface water in a single system. "Commercial I" shall mean any user whose business or nonresidential wastewater discharges whose total suspended solids and biochemical oxygen demand is less than two hundred one (201) mg/1. "Commercial II" shall mean any user whose business or nonresidential wastewater discharges whose total suspended solids and biochemical oxygen demand ranges from four hundred one(401) to six hundred(600) mg/l. "Commercial III" shall mean any user whose business or nonresidential wastewater discharges whose total suspended solids and biochemical oxygen demand ranges from two hundred one (201) to four hundred (400)mg/l. The commercial III user shall have some form of pretreatment in place to reduce the discharge strength. The user must have an appropriately sized,properly installed regularly maintained and sufficiently documented type of treatment device in place to help reduce the strength of their sewer discharge. "Commercial Agriculture" shall mean those activities conducted on lands defined in RCW 84.34.020(2)- and activities involved in the production of crops or-livestock for wholesale i Title 15 Amendments 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 laid idle for more than five (5)years, unless the idle land is registered in a federal or state soil conservation program, or unless the activity is maintenance or irrigation ditches, laterals, canals, or drainage ditches related to an existing and ongoing agricultural activity. "Commercial business with living units" shall mean a business with residential living units attached; the utility rates will be based on the business type. "Commercial property" shall mean a parcel of property which is developed for nonresidential purposes. "Commercial special" shall mean any user whose business or nonresidential wastewater discharge whose total suspended solids (TSS) and biochemical oxygen demand(BOD) exceeds six hundred one (601) mg/l. These users will be charged for wastewater services on the basis of their specific discharge, which provides equitable recovery of the City's cost of conveying, owning, operating, and maintaining the wastewater treatment system, rather than average class strength. "Condominium(Condo)" shall mean an apartment that is individually owned but the land is jointly owned by all homeowners. "Connection fee" shall mean charges made for connection to the utility system. The connection fees will include the costs of tapping the water main, sewer main or storm main, 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. "Construction charge and special fees" shall mean those charges made by the City to cover its unreimbursed construction costs for installing special facilities not covered by connection fees and general facility fees. "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. "Creek" shall mean those areas where surface waters flow sufficiently to produce a defined channel or bed. A defined channel or bed is indicated by hydraulically sorted sediments or the removal of vegetative litter or loosely rooted vegetation by the action of moving water. The channel or bed need not contain water year around. This definition is not meant to include stormwater runoff devices or other entirely artificial watercourses unless they are used to store and/or convey pass-through stream flows naturally occurring prior to construction. "Critical area" shall mean any area designated as a critical area pursuant to RCW 36.70A.170 and Chapter 20.14 BMC. "Cross connection" shall mean any physical arrangement whereby a pubfiethe City water sxppf}-s sv tem 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 publieCity water suppl3�-s stem as a result of backflow. Bypass arrangements,jumper connections, removal sections, swivel or changeover devices, and other temporary or permanent devices through which or because of which backflow could occur are considered to be a cross connections. "Cubic feet(CF)" shall mean cubic feet of measure. (d) Definitions "D": 3 Title 15 Amendments "Deactivated meters" shall mean utility accounts where the customer request that-the water ate..of astewateY seFviees b ' shall be billeedd fmeter to be shut off and locked, and the water/wastewater services and associated billings be temporarily suspended. The account will continue to be billed for stormwater until the meter is reactivated. "Degradation" shall mean deterioration of an area including, but is not limited to, impacts such as sedimentation, erosion, and loss of shading, light, and noise. "Department" shall mean the Department of Public Works and Utilities. "Developed lot" shall mean a lot or parcel of land upon which a structure(s) is located, which cannot be more intensively developed pursuant to the Bremerton zoning code, and which cannot be further subdivided pursuant to City subdivision regulations. "Development" shall mean any activity that requires federal, state, or local approval for the use or modification of land or its resource. These activities include, but are not limited to, subdivision and short subdivisions; binding site plans; planned unit developments; variances; shoreline substantial development; clearing activity; excavation; embankment; fill and grade work; converting fallow land or undeveloped land to agricultural purposes; activity conditionally allowed; building or construction; revocable encroachment permits; and septic approval. "Development area" shall mean an area where the movement of earth;or a change in the existing soil cover(both vegetative and nonvegetative) and/or the existing soil topography occurs as a result of an applicant's development plans. "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. "Drainage basin" shall mean an area from which runoff water collects to be discharged into a stream or other-Nfttefbedy body of water. "Drainage plan" shall mean a plan for receiving, handling, and transporting stormwater or surface water runoff within the site. tothe ground delineating the v crcczzrrvsr extent of k 1:age in .,11 .1: .,t:r "Driveway drain" shall mean a drain typically located below street grade at the bottom of a sloped driveway. "Dry season" shall mean the months of May through September. "Duplex" shall mean a residential unit containing two (2) separate dwelling units with any configuration or two (2) dwelling units located on one parcel. (e) Definitions"E": "Earth" shall mean the natural mineral and organic material forming the soil and its underlying substance. For the purposes of this chapter, earth shall include sand, gravel, and ledge rock. "Ecology" shall mean the Washington State Department of Ecology. "Emergency" shall mean a situation demanding immediate action with threat to life, property or environment. "Engineered fill" shall mean soil fill, which is wetted or dried to near its optimum moisture content,placed in lifts of twelve (12) inches or less and each lift compacted to a minimum percent compaction as specified by a geotechnical engineer. "Engineering Design and Construction Standards" shall mean the City of Bremerton's Standards for Work in Rights-of-Way. 4 Title 15 Amendments "Equivalent residential unit (ERU)" shall mean a unit of measurement equivalent to an average single family residence. This measurement shall be used to determine sewer general facility charges. ERUs cannot be transferred from one property or account to another property or account. "Excavate" shall mean the mechanical removal of earth material, including soil, sand, gravel, rock, concrete or asphalt. "Existing service" shall mean a functioning water service line or sewer lateral that is physically located at the parcel. "Existing site conditions" shall mean: For developed sites with stormwater facilities that have been constructed to meet the standards in the minimum requirements of the ordinance codified in this section, existing site conditions shall mean the existing conditions on the site; 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 the ordinance codified in this section. If in question, the existing site conditions shall be documented by aerial photograph records, or other appropriate means; For all sites in water quality sensitive areas, existing site conditions shall mean undisturbed forest for the purpose of calculating runoff characteristics; and/or For all undeveloped sites outside of water quality sensitive areas, existing site conditions shall mean the existing conditions on the site. "Expanded service" shall mean the increase in water service based on the addition or increase in size in water meter(s) serving the customer, the increase in wastewater service based on equivalent residential units or the increase in stormwater service based on impervious surface units. "Extended line" shall mean a privately financed water, wastewater or stormwater main constructed with the written approval of the Director or their designee. (f) Definitions "F": "Facility" means any food processing establishment, food sales establishment or food service establishment. "Fats,oils and greases" means organic compounds derived from animal and/or plant sources that contain multiple carbon triglyceride molecules. These substances are detectable and measurable using analytical procedures established in Title 40 of the Code of Federal Regulations Part 136(40 CFR 136). Commonly referred to as "polar." "Fill" means a deposit of earth material placed by artificial means to increase the ground surface elevation or to replace excavated material. "Food" means any raw, cooked or processed edible substance ice or ingredient used or intended for use or sale in whole or in part for consumption. "Food processing establishment (FPE)" means a commercial establishment in which food is manufactured or packaged for consumption. "Food sales establishment (FSE)" means retail and wholesale grocery stores, retail seafood stores, food processing plants,bakeries, confectioneries, fruit nuts and vegetable stores and places of business and similar establishments, mobile or permanent engaged in the sale of food primarily for consumption off premises. "Food service establishments (FSE)" means any establishment for the preparation and serving of meals, lunches, short orders, sandwiches, frozen desserts or other edible products and/or are required to have a Food Business Permit issued by Kitsapfounty.Department of K Title 15 Amendments Health. The term includes: restaurants, coffee shops, cafeterias, short order cafes, luncheonettes taverns, lunchrooms,places which manufacture retail sandwiches, soda fountains, institutional cafeterias, catering establishments, food vending vehicles, and operations connected therewith; and similar facilities by whatever name called. "Force main" shall mean a sanitary sewer pressurized pipe system used to transfer wastewater from a sewer lift station to the wastewater treatment facility. "Fourplex" shall mean a residential unit containing four separate dwelling units with any configuration or four dwelling units located on one (1) parcel. Definitions "G": "General facilities charges (GFC)" shall mean the charge established to reflect the proportionate cost share for existing source, treatment, distribution, transmission, collection, interception, and storage facilities that will be paid on all new and/or expanded utility connections to the City utility. "Geologically hazardous areas" shall mean areas as defined in 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. "Geotechnical engineer" shall mean a professional engineer currently registered in the state of Washington, qualified by reason of experience and education in the practice of geotechnical engineering, and designated by the owner as the geotechnical engineer of record for the project. "Grading" shall mean the movement of earth material through mechanical or other means to create the finished surface and contour of a project site. "Grease" means rendered animal fat, vegetable shortening, and other such oily matter used for the purposes of and resulting from preparing and/or cooking food. "Grease removal unit" means a device designed to separate fats oils andgrease from liquid waste prior to the wastewater entering the wastewater system. "Grease interceptor" means an interceptor of at least seven hundred fifty(750) gallon capacity whose rated flow exceeds fifty(50) gallons per minute (gpm) to serve one (1) or more fixtures and which is remotely located underground and outside of a food service facility. It is designed to collect, contain or remove food wastes and grease from the waste stream while allowing the balance of the liquid waste ("gray water") to discharge to the wastewater collection system by gravity. "Grease trap" means a device located inside a food service facility designed to retain grease from one (1) to a maximum of four (4) fixtures whose rated flow is fifty (50) gallons per minute(gpm) or less. It is designed to collect, contain or remove food wastes and grease from the waste stream while allowing the balance of the liquid waste to discharge to the wastewater collection system by gravity or mechanical means. "Grinder pump" shall mean a system that takes liquid wastes from a home/business and pumps the waste to the City's sewage conveyance system located in the public right-of-way. The grinder pump system includes a pump pump basin piping and electrical controls "Ground cover" shall mean a dense covering of small plants such as salal, ivy, fems, mosses, grasses, or other types of vegetation with a trunk or stem size less than four inches in diameter and which normally cover the ground. "Ground water" shall mean water in a saturated zone or stratum beneath the surface of land or a surface water body. - 6 Title 15 Amendments "Grubbing" shall mean the act of removing vegetation by the roots. (h) Definitions "H": "Hard surface" means an impervious surface, a permeable pavement, or a vegetated roof. "Hazardous materials" means any material, including any substance,waste, or combination thereof, which because of its quantity, concentration, or physical, chemical, or infectious characteristics may cause, or significantly contribute to, a substantial present or potential hazard to human health, safety, property or the environment when improperly treated, stored, transported, disposed of, or otherwise managed. "Health Officer" shall mean the Kitsap Health District Health Officer or designee. "Hundred cubic feet (HCF)" shall mean hundred cubic feet of measure. "Hyperchlorinated" means water that contains more than ten(10)mg/l chlorine. W Definitions "I": "Illicit connection" means any manmade conveyance that is connected to a munie-ipal the stormwater systemwithout a permit, excluding roof drains and other similar type connections. Examples include sanitary sewer connections, floor drains, channels, pipelines, conduits, inlets, or outlets that are connected directly to the municipal separate storm sewer system. "Illicit discharge" means any direct or indirect nonstormwater discharge to the City's storm drain system, except as expressly exempted by this chapter. "Inactive account" shall mean an account that has no current usage, billing or payment activity. "Inactive water service" shall mean that the water meter for the service location has not registered any noticeable consumption. Some of the reasons for inactivity would be by a customer's request, shut off for nonpayment, requested deactivation or the water meter has been removed for non-usage. Industrial User. (See "Commercial special"). "Infiltration" shall mean ground water entering the wastewater or stormwater system through open pipe joints, cracks in manhole walls, and cracked pipe. "Inflow" shall mean rainwater or other clean water that enters the wastewater system through roof leader connections, catch basins, yard and foundation drains, perforated manhole covers, and other openings to the wastewater system. "Impervious/hard surface unit(IHSU) If SU)" shall mean a configuration or conglomeration of impervious surface. One (1) impervious surface unit(IHSU) is equivalent to two thousand five hundred (2,500) square feet of impervious surface area. "Improper stormwater inflow" or "improper connection" shall mean any kind of stormwater connection or inflow to the wastewater system prohibited by this chapter including, but not limited to: roof drains, parking lot drains, curtain drains, driveway drains and sump pumps. "Roof drains" mean any downsp9ut, sEuppervrdeyiee that coiieeis and een'veys "Par-king•to " shall mean any in or-E&teh basie that eelieets stefmwater-f:uiieii complexes, shopping een!eFs, ete; nDfiveway drain" 7 Title 15 Amendments tt Sump wt building's shall mean a pump tha4 eenveys ground water-of steFinwater runeff to asteFm system or-to !he ground surfaee. A sump pamp that eelleets and eenveys gr-ound wate system is reenneetion. A sump pump that eelleets and eenveys ground water-of: - �Am the wea within the building's foundation feetpr-int is required to be eenneeted to the wastewa4er-system. (Kiisap County Health Pistr-iet eede Fequir-es sump pumps leca4ed within the foundation feetprint to be eefmeeted to the wastewater-system. This is due ta the petentia4 for-eantafflinatien by human waste, detergents eF etheF househeld ehemieals or- eils which afe et appropriate to disehar-ge into a ste .,to ste ) "Improved premises" shall mean any area which has been altered such that the runoff from the site is greater than runoff prior to development. (1) Definitions "L": "Lakes" shall mean natural or artificial bodies of water of two or more acres and/or where the deepest part of the basin at low water exceeds two meters (6.6 feet). Artificial bodies of water with a recirculation system approved by the public works department are not included in this definition. "Land development permit" shall mean a preliminary or final plat for a single-family residential development; a building permit; site plan; preliminary or final planned unit development plan. "Lateral sewer" shall mean a sanitary sewer constructed within a public right-of-way between the standardrg avity sanitary sewer and the right-of-way line in accordance with current Engineering Design and Construction Standards. "Low impact development(LID)" shall mean a stormwater and land use management strategy that strives to mimic predisturbance hydrologic processes of infiltration, filtration, storage, evaporation and transpiration by emphasizing conservation, use of on-site natural features, site planning, and distributed stormwater management practices that are integrated into a project design. (m) Definitions "M": l Mail lifiO 80WOF-(See tt� ewerdt -. "Mechanical equipment" shall mean all motorized equipment used for earth moving, trenching, excavation, gardening, landscaping, and general property maintenance exceeding twelve (12) horsepower in size. "Minimum design capability" means the design features of a grease interceptor and its ability to or the volume required to effectively intercept and retain greases from grease-laden wastewaters discharged to wastewatersystem. "Multifamily units" shall mean a parcel of property which has been legally developed with more than two (2)residential living units. "Municipal separate storm sewer system (MS4)" means a conveyance or system of conveyances, including roads with drainage systems, municipal streets, catch basins, curbs, gutters, ditches, manmade channels, or storm drains, which are: (a) Owned or operated by the City of Bremerton; (b) Designed or used for collecting or conveying stormwater; and (c) Not part of a publicly owned treatment works (POTW) and not a combined sewer. 8 Title 15 Amendments (n) Definitions "N": "National pollutant discharge elimination system(NPDES) stormwater discharge permit" shall mean a permit issued by the Environmental Protection Agency(EPA) (or by the Washington Department of Ecology under authority delegated pursuant to 33 USC Section 1342(b))that authorizes the discharge of pollutants to waters of the United States, whether the permit is applicable on an individual, group, or general area-wide basis. "Native growth area" shall mean a restrictive area where all native, predevelopment vegetation shall not be disturbed or removed except for removal pursuant to an enhancement program approved pursuant to this chapter or to remove dead or diseased vegetation. The purpose of the area is to protect steep slopes, slopes with erosion potential, landslide and seismic hazards, creeks, wetlands and/or riparian corridors, wildlife, and areas shown on the environmentally sensitive areas map. This area shall be defined during the development review process and shown on the recorded plat, short plat or approved site plan. "Natural location" shall mean the location of those channels, swales, and other non- manmade conveyance systems as defined by topographic contours existing for the subject property, as defined from maps or photographs, or such other historical means as appropriate. "New development" shall mean the following activities: land disturbing activities, structural development, including construction, installation or expansion of a building or other structure; creation of impervious and hard surfaces; Class 1V—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 are not considered new development. "Nonpolar (mineral origin)" means any water or waste which contains more than one hundred (100) parts ver million (1,000,000) by weight of fat oil or grease as measured using anal ical procedures established in 40 CFR Part 136. "Non-stormwater discharge" shall mean any discharge to the storm drain system that is not composed entirely of stormwater. "Notice of intent for construction activity" means the application form for coverage under the construction stormwater general permit. (o) Definitions "O": "Occupied property" shall mean real property on which a structure exists that is being served and being billed by an existing or temporary utility facility. "Open space" shall mean land set aside for public or private use within a development that is not built upon. "Operation and maintenance costs (O& M costs)" 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. "Outfall" shall mean point source as defined by 40 CFR 122.2 at the point where a discharge leaves the MS4 and discharges to waters of the state. Outfall does not include pipes, tunnels, or other conveyances which connect segments of the same stream or other surface waters and are used to convey primarily surface waters (i.e., culverts). (p) Definitions"P": "Parcel" shall mean a distinct tract, section, or plot of apiece of land usually a division of a larger area. 9 Title 15 Amendments "Parking lot drain" shall mean any drain or catch basin that collects stormwater runoff located within the confines of a parkin;lot such as those in pay parking lots,apartment complexes, shopping centers, etc. "Partially developed lot" shall mean a lot or parcel of land upon which a structure is located and which is of sufficient area so as to be capable of accommodating additional development pursuant to the Bremerton zoning code; or which may be subdivided in accordance with the City of Bremerton subdivision chapter. "Permanent stormwater quality control plan (PSQC)" shall mean a plan which includes permanent BMPs for the control of pollution from stormwater runoff after construction and/or land disturbing activity has been completed. "Permeable" shall mean soil or other material that allows the infiltration or passage of water or other liquids. "Permeable pavement" shall mean pervious concrete, porous asphalt,permeable pavers or other forms of pervious or porous paving material intended to allow passage of water through the pavement section. It often includes an aggregate base that provides structural support and acts as a stormwater reservoir. "Permit" shall mean a written legal authorization to conduct an action. "Person" shall mean any individual, association, organization, partnership, firm, corporation or other entity recognized by law and acting as either the owner of a premises or as the owner's agent. "Pervious surface" shall mean any surface material that allows stormwater to infiltrate into the ground. Examples include lawn, landscape, pasture, native vegetation areas, and permeable pavements. "Polar(animal and vegetable origin)" means any water or waste which has visible fats, oils or grease floating on the surface or adhering to the sides of the sample containers. "Pollution" shall mean contamination or other alteration of the physical, chemical, or biological properties of waters of the state, including 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 harmful, detrimental or injurious to the public health, safety or welfare, or to alter the ecosystem so as to endanger domestic, commercial, industrial, agricultural, recreational, or other legitimate beneficial uses, or to livestock,wild animals, birds, fish or other aquatic life. Further defined in the Washington State Surface Water Quality Standards (Chapter 173-201A WAC), Ground Water Quality Standards (Chapter 173-200 WAC), Sediment Management Standards (Chapter 173-204 WAC), or human health-based criteria in the national Toxics Rule(Federal Register, Vol. 57,NO. 246, Dec. 22, 1992,pages 60848-60923). "Premises" shall mean a single tract of land, building, or portion of a building under a single control and ownership. "Pressure line" shall mean a sanitary sewer through which wastewater must be forced by pumping or gravity pressure to a point of collection. "Public utilities construction agreement (PLICA)" shall mean an agreement between the City,the developer, and the developer's contractor to construct utility improvements to serve a proposed development. "Publicly owned treatment works (POTW)" shall mean any device or system used in treatment of municipal sewage or industrial wastes of a liquid nature which is publicly owned. 10 Title 15 Amendments W Definitions `1R": "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 by subsequent development for the facility defined in the agreement. "Removal" shall mean the actual destruction or causing the effective destruction through damaging, poisoning or other direct or indirect actions resulting in the death of a tree or ground cover. "Rendering/disposal company." Any facility that has a grease interceptor shall utilize a licensed rendering and disposal company_ Rookery er-mekw•,11cm-" shall mean BHEor-An9fe tour-ses of large reeks staralke d near- `,lpr_tieal in f eat of an exposed soil fare to r-.r. et the soil fee Fem o1VJLV1and sleuging . "Roof drains" shall mean any downspout, scupper or device that collects and conveys stormwater runoff from a roof surface: "Routine landscape maintenance" shall mean pruning, weeding, planting annuals, mowing turf lands and ground cover management which is undertaken by a person in connection with the normal maintenance and repair of property. This definition does not include falling or topping of trees or removal of invasive plants resulting from lack of regular maintenance. (s) Definitions "S": "Sanitary 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. "Sanitary sewer" shall mean only those portions of the wastewater system which are designated to carry, transport,or dispose of wastewater. "Sedimentation" shall mean the process of gravity-induced settling, sinking and deposition of fragmented rock, soil, or organic particles displaced, transported, and deposited by erosive water-based processes. "Septage waste" shall mean waste material pumped from an on-site wastewater disposal system such as a septic tank or cesspool or holding tank. "Siltation" shall mean deposition of soil, sand, and gravel on the surface or in stormwater conveyance systems as a result of erosion in tributary areas and transport by runoff water. "Single-family parcel or unit" shall mean a parcel which has been developed with a single-family living unit. "Site" shall mean the portion of a piece of property which is directly subject to development. "Slope" shall mean the inclination of a surface expressed in a ratio of horizontal run to vertical rise measured as a numerical ratio,percent, or in degrees. Expressed as a ratio, the first number is the horizontal distance (run) and the second is the vertical distance(rise), as 2:1. A 2:1 slope is a fifty (50) percent slope. Expressed in degrees,the slope is the angle from the horizontal plane, with a ninety(90) degrees slope being vertical (maximum) and forty-five(45) degrees being a 1:1 or one hundred (100)percent slope. ► 1 Title 15 Amendments "Standard construction costs" shall mean the total cost of installation of a utility piping system, 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. "Standard gravity sanitary sewer" shall mean a sanitary trunk sewer conveying flow to a point of collection without pumping and constructed in accordance with current Engineering Design and Construction Standards. "Standard gravity sewer connection" shall mean a connection made to a gravity trunk or lateral sanitary sewer of the City, except those City sewer lines located on the waterfront or pressure sewer line. "Standard stormwater sewer" shall mean a stormwater line not less than twelve (12) inches in diameter and constructed in accordance with current Engineering Design and Construction Standards. "Standard water main" shall mean a water distribution line constructed in accordance with current Engineering Design and Construction Standards. "Standards" shall mean the current Engineering Design and Construction Standards for the City of Bremerton. "Stormwater management manual" or "stormwater manual" shall mean the latest version of the Washington Department of Ecology Stormwater Management Manual for Western Washington (SWMMWW), Kitsap County Stormwater Management Manual and the Low Impact Development(LID)Guidance Manual for Kitsap County, Low Impact Development Technical Guidance Manual for Puget Sound (LID Manual)by Washington State University and Puget Sound Partnership and such other standards incorporated in the "Engineering Design and Construction Standards." "Stormwater pollution prevention plan (SWPPP)" shall mean a report containing a narrative and drawings used to explain and justify the pollution prevention decisions made for a particular project. The narrative contains concise information concerning existing site conditions, construction schedules, and other pertinent items that are not contained on the drawings. The drawings and notes describe where and when the various BMPs should be installed, the performance the BMPs are expected to achieve, and actions to be taken if the performance goals are not achieved. It also means a document which describes the best management practices and activities to be implemented by a person to identify sources of pollution or contamination at a premises and the actions to eliminate or reduce pollutant discharges to stormwater, stormwater conveyance systems, and/or receiving waters to the maximum extent practicable. "Stormwater site plan" shall mean a comprehensive site plan and report containing all of the technical information and analysis necessary for the City of Bremerton to evaluate a proposed new development or redevelopment project for compliance with the Bremerton Municipal Code, and the Stormwater Manual. Contents of the stormwater site plan will vary with the type and size of the project, and individual site characteristics. "Stormwater system" shall mean all facilities for collecting,transporting,pumping, treating and discharging stormwater. "Sub-basin" shall mean the smallest unit into which the land surface is subdivided for hydrologic study purposes. "Sum pump" shall mean a pump that cones gTound water or stormwater runoff awa from a sensitive area of a property to prevent flooding or property damage A sump pump that discharges into a sanitary sewer or wastewater system is an improper connection. 12 Title 15 Amendments "SWMMWW" shall mean the current version of the Washington State Department of Ecology's Stormwater Management Manual for Western Washington. W Definitions"T": "Total suspended solids(TSS)" 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 using the current accepted"Standard Analytical Laboratory Methods Manual." "Townhouse" shall mean a row of homes that share common walls but ownership includes the land to each individual owner. "Tr-tap" RhAll mean any living woody plant ehaFaeter-ized-by onezmain t,,... F tmak a many bffifieheS and h&ving a ealiper-of feur- ifiehes or-greater-, or- a multi stemmed tf"k systefln. "Triplex" shall mean a multifamily residential unit containing three separate dwelling units with any configuration or three dwelling units located on one parcel. (u) Definitions"U": "Undeveloped parcel" shall mean any parcel of real property that has no structure or improvement requiring utility service or 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. "Uniform Plumbing Code(UPC)" shall mean the latest version of the Uniform Plumbing Code that has been accepted by the City of Bremerton. "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. "User parcel" shall mean any parcel of land within the utility service area to which water, wastewater, or stormwater service is currently provided or to which a charge is imposed therefor, or any other land with any significant manmade impervious surface. "Utility" shall mean the water, wastewater, and stormwater utility systems of the City. "Utility service agreement(USA)" shall mean an agreement that the person requesting utility service signs, which constitutes a contract with the utility. "Utility service rates" shall mean the rates charged for services. These will include the zero usage fixed fees which are for the maintenance and repair of the utility infrastructure and commodity charge for usage. Based on service location,other associated rates, fees and charges may be applied to the customer's account. (w) Definitions "W": "Wastewater" shall mean liquid wastes, and all 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." "Wastewater system" shall mean all facilities for collecting, transporting, pumping, treating, and disposing of sewage, including sludg.-biosolid utilization. "Water meter" shall mean a device used to measure and record the amount of water flowing through a pipe. "Water system" shall mean all facilities for treatment, storage, pumping, transmission and distribution of water. "Watershed" shall mean 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 WAC. "Wet season" shall mean the months of October through April. 13 Title 15 Amendments "Wetlands" shall mean those areas as defined in the City's Critical Areas Ordinance and include areas that are inundated or saturated by surface or ground water 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. Wetlands generally include swamps, marshes, bogs, and similar areas. "Wetponds" shall mean drainage facilities for water quality treatment that contain permanent pools of water that are filled during the initial runoff from a storm event. They are designed to optimize water quality by providing retention time in order to settle out particles of fine sediment to which pollutants such as heavy metals absorb. They also allow biologic activity to occur that metabolizes nutrients and organic pollutants. 15.01.030 UTILITY SERVICE AGREEMENT. (a) 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 efili Utility serviG@-Service agfeementAgreement. Agreements shall be executed prior to connection to the utility system or activation of the account. (b) The agree+efA-Utility Service 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 the owner's hi&-designated agent and shall be filed with the Department. The application will have all fees and charms required for a fully executed Utility Service Agreement. No partial Utility Service Agreement will be issued or a roved,all services will be listed on the Utility Service Agreement at time of application. The applicant shall pay all fees for installation of the utility services as herein provided at the time of filing. if all fees (water, wastewater, stormwater) are not paid the City shall remove the water meter or not install the water meter until such fees are paid. (c) The agreemegUtility Service Agreement and/or the utility billing owner/tenant change form 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. (d) 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. (e) Estimated fees, assessments, and dens charges quoted by the Department in writing for utility service shall become invalid after80)-ninety 90 days from the date of the estimate or at the end of the calendar year whichever is first. unless the (f) Every Utility Service Agreement shall become invalid unless the work is scheduled and completed within one hundred eighty(180)days after the Utility Service Agreement is approved. The Director can authorize one 1)one hundred eighty(180) day extension at his or her discretion, based upon determination that such extension is justified based on the facts. The extension and basis for the extension shall be requested in writing. If the Agreement becomes invalid as provided herein, all fees paid to the City for utility services shall remain with the City unless requested for refund by the customer in writing. Prorating of the refund amount shall be determined by the Director, based on the work performed to date if no work is performed the maximum refund will be eighty percent(80%) to cover administrative fees. 14 Title 15 Amendments 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 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-water service after notice as set forth in BMC 15.07.080 for delinquent water, wastewater, stormwater) accounts. (b) Interruption/Failure of Service. The Department reserves the right 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. 15.01.050 CONDITION OF SERVICE–CONTRACT. The Department may contract for sale of surplus water or collection 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. 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. 15.01.070 DEVELOPER SYSTEM IMPROVEMENT AGREEMENTS. (a}—A property owner or owners of any specified area situated within the utility service area requiring utility service in conjunction with development or redevelopment may petition the Department to construct public system improvements. The Department shall review the petition, and, subject to the utilitys s_y tem plan, and engineering and economic feasibility, ,authorize eensipaet onstruction oflhe improvements_ up»nen execiitie f- -- between the e a and the n,.._,,A ffient en ......� »..,J.,.�.., ...,j..=v.v,,,r,,. a..bi v,u�aaa speeif�ing the improvements. The estiffiated eests; fe-r- ifnpr-evemen4s shall be paid in full upon exeoutien of the agmemefA. When completed and accepted by the Department in writing, and u on receiving final payment, the improvements shall become part of the utility's system and shall be conveyed to the Ci1yby b4s Qeed of Conveyance prior to service. (b) if sixty(60)pe.-tet eF MOM of the^ ^� ,, ner-, of a f a t t a �`"'7 'r� --J �--i r------- •• Y••,Y•".) i ..r,.,vaaays u,�uzcaacv� within the utility service area pefifien the City te eanstmet publie syste i . etAs, the City may eonstfue! said impr-evefaents upon exeeatien of a system impr-evement agreement between 15 Title 15 Amendments . Re-41 nfilb-uEsement a4 aetual eest for-the improvements may be paid in f6i! er-in fneathly installments plus interest at a Fate set in the A I evement agfeement with twenty (20) per-eent of the eest du tall-Attin-in the balanee tegether-with inter-est due within (-) Defafled payments for-the ..astf .etav„ of n ystefa improvements shall be limited te syste ents and shall exelude eenneetien fees and general faeilivy fee-s. (d) The Cit aaa eans h + behalf ftl, ft ��� a.' ,,a'' t 1111r11V Y tall�al llU, , staff,utilizing City Utility n ntr„ntiO fi (e) „ r+. owners er-developers F plats developments shall i.ave the eption f installing ' . 1 i subjeet to t tility ' ' ' n standards,7 The developer-shall pay •, J Y 11 J443a{.141 ti1U 15.01.075 LOCAL IMPROVEMENT DISTRICTS (a) If sixty percent 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 Local Improvement District 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 costs as adjusted by State and City regulation for the improvements may be paid in full or in annual installments, plus interest at a rate determined by the City based on current market rates. (b) Deferred payments for the construction of system improvements shall be limited to system improvements and shall exclude connection fees inspection fees plan check fees and general facility charges. (c) 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. 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 feeschar es, connection fees, and any other applicable fees established under this title. 1 n.A�0 i E E1 0PE CVCTTa ll4 114PR 1t1L`1�iiT'.NT-8 Dri'1RABU ,E E iT (a) The eat r.+.._ _ ___-nts with .Ft y e r responsible f the �_/ a.... City..a."..j' ......... ....., :.�: �.....,:iw ..iia:N:vp+�a.y vrraa�,aa installatien of system i � Lts to provide for-r-einibur-sement to owners by others benefiting The Depal-4-4-in-e-fit Sh-A-1 &4@Fmiae the area that is subject to the eest rwelftff and- sh.-Il identify the properties benefiting from the utility.system ntn a de ptie dfawing that. xill properties utility V,'U4t111 iaiapii.r a.luya� :r6 Title 15 Amendments (-) Reimbursement from a ueb.eaaefatinb jiepe,fy ewner-shall be aero ea by DepaAment as stipulated in the system improvement ageement. Cost r-eeovefy paymenis by (d) Rem`bufs ... : eat to the pr-eperty ost,-r ..ti.,..the t 1.,.11 1. l J we �.eva limited to fifteen�r 1 c1 . s fr-em the-date of aeeep e-e-of the improvement. h Citi- hall letaia fifteen (1 e)p ent a fthe„eit rwavor-y paymefi4s for-mt a a whe efigi«.,11. eenstraeted the .,te,. wastewater-, or sieFmwater-system ample v vment. 15.01.090 PUBLIC UTILITY CONSTRUCTION AGREEMENT. A permit shall be required b the Department for all ejects alterations repairs or connections to the utility system. These activities include but are not limited to activities associated with the installation of new utility systems to be constructed by others and conveyed to the Department under the terms of a Public Utilities Construction 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. Entering into a Public Utilities Construction 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 Assessment, Rates, Fees, and Charges set forth in Chapter 15.06 BMC. 1,3$1.100 SYSTEM DEVELOPMENT AND GONSTRUCTIO T STANDARDS. The system development and eeffmfuetien stmdar-ds afe these as defined and adepied in WAG 11.12.090, also r-efeffed te as the "City StandaMs." 15.01,100 DEVELOPER SYSTEM IMPROVEMENTS—REIMBURSEMENT AGREEMENTS. (a) The City may enter into reimbursement 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. Requests for reimbursement by the property owner pursuant to this section shall be made in writing prior to entering into the Public Utilities Construction Agreement Specific provisions of reimbursement shall be included in the Reimbursement Agreement The Department shall determine the area that is subject to the reimbursement and shall identify the properties benefiting from the utility system improvements in a description or a drawing that will become part of the Public Utilities Construction Agreement. (b) Reimbursements will be added to the City's permitting and licensing computer s sv tem. c Reimbursement from each benefiting roe owner shall be determined by the Department as stipulated in the system improvement agreement. Cost recovery payments by properties benefiting from connections to developer extensions shall be collected by the City_. (d) Reimbursement to the property owner constiuctin the he improvement shall be limited to fifteen(15)years from the date of acceptance of the improvement The City shall retain fifteen percent(15%) of the cost recovery payments for maintaining records and administration of the pLqgEam and forward the remainder of the payment to the roe owner who originally constructed the water, wastewater, or stormwater system improvement 17 Title I5 Amendments 15.0 1.110 UTILITY DLRMIT REQUIRED, A utility peFmit shall be Fequifed by the-Depaft1-nea 11 p 9jeets, alter-a -vr eefmeetiens to the ut-lity system. These aefivities e to, aetivifies asserviated with the ins;a1latieft of Fiew utility systems to be eenstmeted by others and eenveyed to the De. ler-the terms of a utility system impr-eN,emen!agr-eement5 the e. > > plaeoment ef the utility system; > and The enteFing ifite a Wilily system imprevement agr-eemew with the City shall not r-elieve the agreement holder of the r-espensibility fef:obtaining sueh other-permits and heenses as May The pef:mits shail be waijable ffem the DepaAmefit with fees established by the Utility Fee and Rate Sehedt&- 15.01.110 ENGINEERING DESIGN AND CONSTRUCTION STANDARDS a The Engineering Design and Construction Standards are those as defined and developed by the Department and approved by the Director. (b) An applicant may request a deviation pursuant to BMC IL l2 080(b). 15.01.120 BONDING The Department shall require a performance bond/deposit and warranty bond/deposit for all utility work in accordance with BMC 11.02.220. 15.01.130 AUTHORITY The Department of Public Works and Utilities by and through its Director is charged with the administration and enforcement of the provisions of this title. The Director shall have the authority to: () Develop and adopt procedures as needed to implement this Code and to carry out the responsibilities of the Department. (b) Request the assistance of other City departments to administer and enforce this Code. C) Assign the responsibility for interpretation and application of specified procedures to divisions within the Department of Public Works and Utilities (d) Require or allow a performance or maintenance assurance surety when authorized by a provision of this chapter (e) Act as final authority requests for variance from requirements of this title Amend interpret, and allow deviations from the Engineering and Desi Construction Standards when the Director finds that said reasons are in the best interest of the community. The Director is further authorized to establish minimum requirements for the desi and construction of transportation facilities utilities, and other public infrastructure, and requirements for protecting existing facilities during construction The Engineering and Design Construction Standards shall be consistent with this Code and adopted City policies. Modifications to or deviations from adopted Engineering Design and Construction Standards must be supported, in writing, and demonstrate that the public interest is protected and the modification is based upon sound engineering and/or public safety principles and adequately addresses all relevant functional safety, maintenance and aesthetic concerns. If a deviation is 18 Title 15 Amendments requested by an applicant, the Director shall require all necessary information to be provided by the applicant, and the applicant shall pay all City costs, including staff time and consultant fees associated with reviewing and ap rp oving the deviation request. (g) Apply for grants to conduct transportation improvements. Chapter 15.02 WATER 15.02.010 PURPOSE. The ^Fdina ee eedi:z^a in this eetion establishThis chapter establishes availability, conditions of service, system improvement requirements, and the operation and maintenance of the water system. 15.02.020 COMPREHENSIVE PIANWATER SYSTEM PLAN. Awater-Water mem System rhensive p!m-Plan shall be developed by the Department as required by WAC 248 54-865246-290-100. The plan shall be approved by the Mayor, adopted by the City Council.,and administered by the Director. 15.02.030 SERVICE AVAILABILITY. Water service is considered available if the property is situated within the water Ty service area defined in the Utility GernprehensiveWater System Plan and is adjacent to the water distributierr 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( )and has been assessed for water improvements. (b) The connection is consistent with the Utility's GeraprehensiveWater System 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 water U61434s service area and not adjacent to the Utility distributionwater system may be connected to the water system subject to meeting the above requirements and establishing a Local Improvement District-(W,Utility Local Improvement District(USD),or entering into a Systern LWreveraefit Agreem ublic _Utilities Construction Agreement with the City for system extension and/or improvements of the water system for service to the premises. For the purposes of this section adjacent shall mean water extended to and though the frontage or to and through the property to potential adjacent development. 15.02.040 SERVICE BEYOND CITY LIMITS. Any pareel ef pr-eperty that is eutside existing City limits ratist suppert anneyratiell to the City as a of reeeiving City utility se Property that is outside existing City limits shall be permitted water service only upon entering into an agFeeffiew-Outside Utility Agreement with the City providing for: (a) Granting to the City of Bremerton a Limited Power of Attorney to include Owner's consent to annexation of the Property as part of any Notice of Intent or Petition for Annexation at such time as the City may aver' appropriate to the City of Bremerton; 19 Title 15 Amendments (b) Consistent Consistency 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 ordinances and policies for new development. (ed) Consistency with the adopted City Water System Plan and Engineering Design and Construction Standards for new developments City sifeet and s0diyisieo standards for-new development. 15.02.050 WATER SYSTEMS/ENGINEERING DESIGN AND 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 DevEngineerin Dg esin and Construction Standards, and local, state and federal regulations. All waterdistfibutien system extensions shall be installed from the existing water main to the proposed development and along the entire frontage of the premises of the development to be en te-be-served. All water-distfibut-en fmain extensionsshall L-einstalled along the v..tiiv iiv..aab0-r+i the premises ^ ..l..t to besa:'rve`'a: The Department may, at its option, require installation of water mains larger than the minimum sizes specified in thelSystem Utilities DevelepmentEngineering Design and Construction Standards to provide for adequate future capacity within the water system. The DepaFtme"City may auther:,ea teauthorize the enterii into a cost sharing agreementsagreement to contribute to the cost for larger mains or other improvements based upon the eemptehensive planWater System Plan. 15.02.060 ABANDONMENT OF PRIVATE AtAINSSYSTEMS. Upon completion of a new water 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-s sy tem or have a connection to a private service, shall make application for a new Utility Service Agreement and shall eenneet w it install a separate service connection to the main. Service to the private main shall be discontinued ninety(90) days following completion of the new main. 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 lithe owner's expense, install an au*iliar-y ster-age-taflc-era pump or pump system to furnish auxiliary supply pressure, which shall be approved by the Department. . The Department approval shall be based on the protection of the safety and integrity of the des water system and not on the adequacy of the private system's design for its intended use. The auxiliary system shall be separated from the meter box and 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 be separated from the meter box and remain the property of the property owner who will be solely responsible for its maintenance and operation. 20 Title 15 Amendments 15.02.080 HYDRANTS. All fire hydrants shall be installed by the Department or a licensed contractor in compliance with the System DevelopmentEngineerin Design and Construction Standards.No person other than properly authorized employees or agents of the City shall operate fire hydrants. Location and configuration shall be reviewed by the local fire wv-sAia4marshal and Bremerton fire ffhmshallmarshal. All fire hydrants situated on private property for public use and to be maintained by the Department will require access at all times for operation and maintenance and 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. 15.02.090 FIRE SERVICE AND IRRIGATION METERING. (a) Except as provided for in BMC 18.02.170, all ' fire service lines shall have separate service lines and separate meters, ifapplie If the existing service to the property does not meet the correct flow requirement, the cost to install the correct size will be assessed and paid to the City before work is completed. .In no ease shall sabtfaeii be installed of used for-ealeu4-As-i-An A-P.%Atef er-sewer-r-ates-. All new and existing automatic or manual fire sprinkler(wet and combination standpipe) 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 as required on non metered fire lines within ninety (90)days of notification shall be cause for the discontinuance of water service to the fire protection system. (b) All commercial or industrial sites shall have separate metered service for irrigation if irrigation is part of the approved new development. 15.02.100 SERVICE CONNECTIONS. (a) All service connections shall be installed by the-Department in accordance with the System Deye'^,....,e.,*En 'nom eering Design and Construction Standards. The service connections shall be extended at right angles from the min-watersystem to-a the property line and installed within the right-of-way-not to exceed forty (40) feet from the main. -andThe water service line 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. (b) 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 7 t water system. Lc) .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 most appropriate main. This connection shall be perpendicular to the main to the right-of-way line, and installed within the right-of-way_;not to exceed forty(40) feet from the main, and permit connection therewith by the owner at the property owner's expense. (d) Every parcel under separate ownership connected to the Utility systemwater system shall be required to install a separate service connection to the water main, and the premises so supplied will not be allowed to supply water to any other premises or parcel. However, these restrictions shall not apply to existing services unless;improvements are done to 21 Title 15 Amendments the parcel and the separate service and meter can be installed for twenty-five percent(25%) or less than the total improvement cost of the project or, in the judgment of the Director, such existing connection should be discontinued_for the g^^a ef the blit-or to settle disputes. (e) When a single parcel of land having more than one residential .jenc^s- er-structures thM are served by a sin leen water meter pis subdivided, the installation of a new water service(s) shall be required for the structures on the newly established lots. The expense for installation of the new service(s) will be to the owner that subdivided the property, and application for the serviceUs will be filed prior to the approval of subdivision. The new service(s) will be subject to all fees including General Facility Charges. (D When an existing structure is removed and a new structure is constructed on the same property or parcel, a new Utility Service Agreement is required. Any existing water service line that does not meet current Engineering Design and Constructions Standards and requirements shall be flow tested and approved by the Director for reuse. Any existing water service line determined to be substandard must be replaced as directed by, the Director at the owner's expense. (g) In new and pre-existing water service connections where one water 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 water service to the remaining units. Each separate water service not already equipped with a shut-off valve as provided herein must install shut-off valves, at the owner's expense within ninety 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. (h) The Department may require or allow additional service connections when such additional service connections are in the best interest of the utility. 15.02.110 CONNECTION SIZE. The size of each water service and tap shall be determined in accordance with Qtythe latest version of the Uniform Plumbing Code and the Fire Safety Code. 15.02.120 METERS. All 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, abandoned, or otherwise removed by the City. All meters shall be sized as determined in accordance with the latest version of the Uniform Plumbing Code and the Fire Safetv Code. 15.02.130 BACKFLOW/CROSS-CONNECTION CONTROL AND INSPECTION. Service from the Gity-water suppl�-s sy tem may be contingent upon the installation of an approved backflow prevention device approved by the Pireester for the protection of the water suppl5-s stem from backflow. The Department shall require the testing and inspection of all cross-connection control devices within its system to prevent contamination of the City water system The Department shall annually notify all 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 backflow 22 Title 15 Amendments assembly tester and to submit to the Department a written backflow assembly test report form of satisfactory completion of the testing and inspection. The Department shall inspect cross-connection control devices subject to a service fee Any cross-connection, without the appropriate control device now in existence or hereafter discovered or installed, shall be declared a prohibited act and shall be enforced accordingly. The control or elimination of cross-connections shall be in accordance with Chapter 246-290-490 WAC. Water service shall be discontinued to any premises for failure to comms with the provisions of this portion of the Code. _ the water- system ., .,.,...a..e..,. e.,•.s .��oo'£r[cry`s�ccm-=ri:zoi�oo'-czircns.ri-srrn t + shall be required to ,..est et .,11 t:mpQ d„r:.,..the «.e,-F...,.a.,,.o ,.FtL,e-=---L -- a--Until the :1�� t.v . r and of this Cede Vi et,ei iV VK1, state Vl federal regulations t e -the L area. 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 the water system is required due to user activity resulting in unsafe, nonconforming.,or unauthorized conditions as set forth in this Section, , expense incurred by the City to abate such conditions shall be the responsibility of the owners) in accordance with the current Assessments Rates Fees and Charges set forth in Chapter 15.06 BMC, including any related cost and cost of collection. 15.02.145 PROHIBITING FLUORIDATION. The water sapplj�-s sy tem of the City of Bremerton shall not be artificially fluoridated; i.e., that fluoride in any chemical form shall not be added, now or in the future, unless so ordained by a majority of the voters in an open election. 15.02.150 INTERRUPTION OF SERVICE - EMERGENCY. The De r.,Am .na,, l the e ,-nt ntme availability of ated„ b.ie dismpts of endangers the eper-afien of the water-sy-steffi-er-fer-the puMese of maki J extensiens. if there is ,ff:e nt tifne, the Depar-tmeat-,*4pr-evide nefiee. ofs ,.1, the daily newspapers setting fefth Festfiefiefts en the use ef water.as fna-y be deemed fteesessaFy-e+ . ig limited availability. Seeh r-estrietions may include, but not be limited to hours ef€ac4 unt=il modified of eaneelled by published netiee. The Department may restrict the use of the water system through regulation or control of the use whenever an emergency exists affecting the water system or for the purpose of making repairs extensions or any other necessary work Whenever reasonable, and in cases where it has advance knowledge the Department will make a reasonable attempt to provide notice of such emergency using appropriate methods of 23 Title 15 Amendments communication, setting forth any limitations on the use of the water system that may be deemed necessary for public health and safet . The City shall not be held responsible for any damage to private property resulting from interruption, failure of the water system or failure of the property owner to comply with the provisions of this Code. 15.02.155 WATER SHORTAGE RESPONSE It is in the public interest for the City to be prepared with an appropriate response in the event of a water shortage situation to protect the health, welfare, and safety of its users. Authority. The Director shall have the authority to declare various stages of water emergencies and to implement the provisions of the Bremerton Water Shortage Contin enc Plan. The stages of this plan are advisory, voluntary, mandatory restrictions and emergency curtailment. (b) Mandatory Water Restrictions. If mandatory water restrictions are declared the Director shall issue a public notification of the nature of the restrictions. 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 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. ee nsti uta a eivil .lett to the e such condition shall be the responsibility of the owner(s), in accordance to the current Assessments Rates, Fees, and Charges set forth in Chapter 15.06 BMC including any cost in collection.. 15.02.170 GROSS CONNECTION CONTROL T deviees within its system in order-to prevent eantamina4ien of the publie water-system The Der_.nrfineat shall ., ally notify all ffepeAy oymer-s . fdi .. gw c..r A it shall b +1,� Vl JlJeVLL{11JL 11114 LV The at its may inspeet and test er-ess f , 24 Title 15 Amendments The installation and maintenance of ti d that '11 endanger-th - ___.._----_--�� �.--�. _--�----�-_�.�� ..� �. �--.vvr �-v.al•V VLl Vl14V YfVV Lll water-quality of the demestie water-supply is pfohibited. in areefdanee with G 248 54^ WateF Sef PSEe shall-bdisE6atiiri:iccdrevraRy pf-e iiises for- fai!We cv-comply with the pFovisiens ef this peFfien of the Gede. 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 tested. The test may be performed in the owner(s) presence if requested. shall it his pr-esenee, if requested, be tested A written test report will be made. If the test discloses an over registration error againstrl more than three(34 percent 3% in the meters registry, the excess of the consumption on the three previous readings shall be credited to the user-'s meter-customer's utility account. and Depai.t.. ent will bear the en im eest o f the test an the a,posit....,q iFed ., ..ib-ed i. , Shall b r-etu a In the • JL Vl Ll•V LVJL, LLIl UL[ event that the meter is found to be under registering by more than three percent(3%)in the meter registry, the average loss of consumption of the previous three readings shall be billed to the customer utility account.- ;� f___ad the pe-____ reqttesfing the test shall pay the ees±e sueh For meter tests in excess of one within a twelve month period the customer shall pay for each additional test. 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 property owner of the requirement for replacement. The replacement of service connection shall be at the.expense of the ingpegy owner. Failure on the part of therp operty 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. 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. A discontinuance of water service notice will be sent to the customer giving them ten (10) days from the date of the notice to correct the problem or the service will be terminated. 15.02.210 PROHIBITED ACTS. It shall be unlawful for any person to violate the foliowine: be punishable as inisdemeaner-s, offless other-wise indieated. (a) Unlawfifl-Tampering. It shall be unlawful for any person, unless duly authorized by the Department, to disturb,repair, interfere with, or damage any water source, water main, 25 Title 15 Amendments pipe, machinery, tools, meters, hydrant, or any building, improvement,or other appurtenances belonging to, connected with, or under the control of the Department. (b) Unlawful Contamination. .It shall be unlawful for any person to contaminate, bathe in, or fish in any water suppl�s sy tem 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 Water Meter or Hydrant. It shall be unlawful for any person to obstruct the access to any water 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 water meter or hydrant. (e) Connection to Unauthorized System. It shall be unlawful to connect theu4lity water supp!j-s sy tem to any premises or use not authorized through a service application. This includes connecting an adjoining property or building with a garden hose or some other means to bypass the purchase of a meter or service for thatproperty. (f) Trespass in Closed Watershed. It shall be unlawful for any person to enter or remain on City properties posted as elesed water-shearestricted property and facility lands without authorization by the Mayor or the Director. Vielatiefts sha4l be punishable as e gress 15.02.220 VIOLATION—PENALTY (a) Any violation of any provision of this chapter constitutes a civil violation under Chapter 1.04 BMC for which monetary penalty may be assessed and abatement may be required as provided therein. (b) In addition to or as an alternative to, any other penalty provided in this chapter or by law, any person who violates any provision of this chapter shall be guilty of a misdemeanor pursuant to BMC 1.12.020(2). Chapter 15.03 WASTEWATER 15.03.010 PURPOSE. The or-di anees ee died in this seef.ea e��This chapter establishes availability, conditions of service, system improvement requirements and the operation, and maintenance of the wastewater system. 15.03.020 WASTEWATER COMPREHENSIVE PLAN. A we Wastewater systesy tem omprehensive 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. 26 Title 15 Amendments 15.03.030 SERVICE AVAILABILITY. Wastewater service is considered available if the property is situated within the Uti-lit wastewater service area defined in the Wastewater System Comprehensive Plan and is adjacent to the wastewater eelleetieTsystem, and further provided that: (a) The treatment and ' ^e�lk�rwastewater 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(ULID) and has been assessed for sewer improvements. (b) The connection is consistent with the Ufilit�$-Wastewater System Comprehensive Plan. (c) The connection is approved and permitted by the:64ilityDepartment. (d) The connection is in compliance with applicable federal, state, and local rules, regulations and codes. Any customer or potential customeaffexfises within the Utility ,,n astewater service area and not adjacent to the Utility eelle wastewater system may be connected to the wastewater system subject to meeting the above requirements and two establish"w^t efestablishing a Local Improvement District(LID) or Utility Local Improvement District(ULID) and/or entering into a System Public Utilities Construction Agreement with the City for system extension or improvements of the wastewater system for service to the premises. For the purpose of this section, adjacent shall mean sewer extended to and through the frontage or to and through the propert�to potential adjacent development. 15.03.040 SERVICE BEYOND CITY LIMITS. Any pareel ef pr-epei4y that is outside existing Gity limits must sappet4 annermien te t Property that is outside existing City limits shall be permitted wastewater service only upon entering into an Outside Utility agteement-Agreement with the City providing for: (a) Anitexatien at such 6me as the City may deem appfeffiateGranting to the City of Bremerton a Limited Power of Attorney to include Owner's consent to annexation of the Property as part of any Notice of Intent or Petition for Annexation presented to the City of Bremerton; (b) Censistent Consistency 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 Citystreet and ordinances and policies for new development. Consistency with the adopted City Wastewater Comprehensive Plan and Engineering Design and Construction Standards. 15.03.050 SERVICE -MANDATED. Any premises within two hundred (200) feet of a p�•'�City wastewater system 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 City 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. 27 Title 15 Amendments Such connection shall be made within spy(6the time limit as provided for in the notice-date. Where connection to pie-City wastewater system is required,the connection shall be made in accordance with the Gi En 'neerin Desigm and Construction Standards. Whenever connection to the Qty-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 L4&y-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 publie-Cit 's 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 p1Ci'ty's 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 City 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. 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 from sources outside the Utility SeFyieer-eawastewater 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 completed and submitted to the Department, identifying source, quantity, and nature of the materials to be discharged. A charge shall be made as provided in BMC 15.06.060 Miscellaneous Fees and Charges. pursuant to the U44i+J Rate e hedule established for-mobiletank di hb This charge may 1 include, but not be limited to, discharges containing sewage or leachate from landfills, septic tanks, cesspools, chemical toilets, or similar sewage receptacles. 15.03.070 WASTEWATER SYSTEMS/ENGINEERING DESIGN AND 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 DevelepmentEn in�g Design and Construction Standards, and local, state and federal regulations. All astewater system 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 DevelepmeMEngineering Design 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 Wastewater System omprehensive plaftPlan. = 28 Title 15 Amendments Upon completion of a new --astewater system extension, owners of premises adjacent to or within two hundred (200)feet of the wastewater system who are being supplied with City wastewater services through a private sewer or connection to a private shall make application for a new Utility Service Agreement and shall eelafieet up withinstall a separate service connection to the new sanitary sewer. Service from private system shall be discontinued ninety (90)days following completion of the new main. 15.03.080 SERVICE CONNECTIONS. All service connections shall be installed by the C44y y a contractor licensed in accordance with the provisions of this Chapter in compliance with the System DevelopmentEnineerin Design and Construction Standards. The service connections shall be extended at right angles from the of wastewater system to a point adjacent to the property line and within the publie right of way and shall be maintained by and kept within the exelusive eentfel of the DepaFtmeat1hgpLoperty owner. Whenever an applicant requests wastewater service to a premises with no fronting sewer main, a standard sewer main shall be required to be installed as a prerequisite to connection to the wastewater Utilit, system. Every parcel under separate ownership connected to the U4�wastewater system shall be required to install a separate service connection to the Utility faefli astewater main, 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, improvements are done to the parcel and a separate sewer lateral can be installed for twenty-five percent (25%) or less than the total improvement cost of the project, or in the judgment of the Director, such existing connection should be discontinued_ or to settle-di pates. When a single parcel of land having more than one residential jenees eF structures that served by era single connection is subdivided, the installation of new connections shall be required for the structures on the newly established lots. The application for service will be filed prior to the approval of the subdivision. Separate services will be consistent with the provisions of this chapter. 15.03.090 CONNECTION OWNERSHIP. All connection from the wastewater mainsystem to the property line or to the limits of the easement shall be the responsibility of the Dem property owners 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 Department and/er-as appr-9 approval hof the Department_ expense a manhele in the side sewer-to faeilitate obseEvatien, sampling, and ffleasufefflefit of t wastewater-stfengths and flews. The Enanhele shall be4eeated as approved by the DepaFtment 15.03.100 WASTEWATER 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 s4r-engdis-strep and&wsflow. The manhole shall be located as approved by the 29 Title 15 Amendments Department and constructed in accordance with the System DevtEngineering Desmon and Construction Standards. 15.03.110 PRELIMINARY TREATMENT FACILITIES. Preliminary treatment may be required by the City if the Biochemical Oxygen Demand (BOD) or Total Suspended Solids (TSS) of the sewage, industrial waste, or wastewater exceeds two hundred f 200parts per million (1,000.000)by weight, exceeds Local Limits, or contains prohibited discharges as defined herein, or exceeds other applicable standards or regulations. High conductivity discharges will be carefully evaluated for any discharges. Saltwater discharges can cause corrosion exacerbate odor problems in the treatment plant interfere with analysis of samples, and could affect the City's ability to reclaim the wastewater for other uses. Such preliminary treatment facilities shall be approved by the Department and constructed, operated, and maintained by the owner at the owner's expense. The daily maximum pollutants allowed into the City'swee-^e"eetionwastewater system from any service shall not exceed the followinglimits: imits: Arsenic 0.10 mg/L Cadmium 0.10 mg/L Chromium(total) 1.0 mg/L Chromium(hexavalent) 0.25 mg/L Copper(total) 0.75 miz/L Lead 0.25 mg/L Mercury(total) 0.010 ma/L Mol bdenum 1.0 mg/L Nickel 0.60 mg/L Selenium 0.10 mg/L Silver (total) 0.20 mg/L Zinc 2.0 my,/L Cyanide(total) 0.64 mg/L Cyanide(free) 0.20 mg/L Ammonia 50.0 mg/L Benzene 0.07 mg/L Ethyl benzene 1.70 mg/L Toluene 1.40 mg/L TPH-G 1.00 mg/_L TPH-D 1.00 m /L pH 6.0- 10.0 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 installation and effective operation of the backwater valve shall be the sole responsibility of the owner connecting to the wastewater systema The installation shall meet the requirements of the System Developm Engineering Design and Construction Standards. - 30 Title 15 Amendments 15.03.130 ABANDONMENT. When a property owner demolishes or removes a building which was connected to the wastewater utility collection system, the owner shall be required to expose and plug the side sewer at the property line in accordance with the Utility Developm atEngineering Designn and Construction Standards. A sewer cap permit is required to perform this work. 15.03.140 WASTEWA'T'ER 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 beyOlid the Fight of wayconnected to the wastewater system, except as provided in this chapter. When maintenance, repair, or replacement of publiely ew astewater systemfaeilities is required due to user activity resulting in unsafe, nonconforming.,or unauthorized conditions as set forth in this Section, the_ , feplacement .any expense incurred by the City to abate such condition shall be the responsibility of the owner(s) in accordance with the current Assessments,Rates Fees and Charges set forth in Chapter 15.06 BMC, including any related cost and cost of collection. 15.03.150 INTERRUPTION OF SERVICE - EMERGENCY. The Department may restrict the use of the wastewater system through regulation or control of the use whenever an emergency exists affecting the wastewater eelleetien-and tFeatment-system, or for the purpose of making repairs, extensions, or any other necessary work. iffime alle sWhenever reasonable, and in cases where it has advance knowledge, the Department will provide notice of such emergency using appropriate methods of in daily newspapommunication, setting forth any limitations on the use of the wastewater 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. 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 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, illegal, unauthorized, or unsafe condition or to verify no such condition exists. The Director 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. 31 Title 15 Amendments 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's 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. Any expense incurred by the City to abate such condition shall be the responsibility of the owner(s), in accordance with the current Assessments Rates Fees, and Charges set forth in Chapter 15.06 BMC including any related cost and cost of collection. 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 own6r shall make all 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 DepaF meat may abate the eenaitienDirector, at his or her discretion, may terminate the wastewater service by termination of the water service to the property being serviced by the subject proapert y. 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 Depai4mentCity. If the repairs are , is not constructed and completed in accordance with the provisions of this Code and/or in compliance with thea rp oved permit, and/or in accordance with the current Engineering Design and Construction Standards, the plat s and s ^ifieatie s as appfeved by the Dir-eefeF, 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 may abate the condition, by either causing the correction to be completed shall „ use sue work to be completed and the wastewater- ..t,. uuuv uvaa vv eenneeted in the proper manner, or by termination of the water service until the correction is made. and the full eest of sueh work andany materials necessary therefer-, shall be » + a from the owner-,Any expense incurred by the City to abate such condition shall be the responsibility of the owner(s), in accordance with the current Assessments Rates Fees and Charges set forth in Chapter 15.06 BMC, including any related cost and cost of collection. T 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 sewer service without damage to the system afwor causeing sewer overflow. The City shall -and-notify the property 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 therp operty owner. Failure on the part of the RropeM owner to comply with the request within thirty(30) days shall be cause for the termination of wastewater service by termination of the water service to the property being serviced by the subject propert . 32 Title 15 Amendments 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. 15.03.200 CHANGED SITE CONDITIONS. When an existing structure is removed and a new structure is constructed on the same parcel of property, a new waste : ty Service e�Bev --Utili4� meW Agreement is required. Any existing side sewer that does not meet the current_Engineering Design and Construction mss-Standards and requirements shall be videoed and approved by the Director for reuse. AU existing side sewer determined to be substandard must be replaced as directed by the DepaAfneFADirector, at the owner's expense. 15.03.210 PROHIBITED ACTS. Vielatiens of this seetieo4all be pumshable as misdemeanors unless ethefwise It shall be unlawful for any person to violate the following: (a) tel-Tampering. It shall be unlawful for any person, unless duly authorized by the Department, to disturb, interfere with, or damage any wastewater faei-litiessystem, 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, lamphe4elamp hole, flush tank, or sewer opening, drain, dit h, al water-eEmr-s-e, (1) Any garbage, rubbish, dead animals, or any substance which will obstruct, or have a tendency to obstruct, the flow of any sewer system,4.. 'n, d4eh, atuE ' - *a seise. (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: (i) Contains polar and nonpolar fats, oils and greases in amounts that cause a visible sheen on the discharge or in the public sewer system; (ii) Causes a build-up of grease in any public sewer facility; (iii) Causes an obstruction of the public sewer system; (iv) Found to contain more than one hundred(100)parts per million (1,000,000) by weight of fats, oils and grease as measured using analytical procedures established in 40 CFR Part 136; or (v) Any discharge that violates Chapter 15.05 BMC entitled "Fats, Oils and 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. 33 Title 15 Amendments (7) Steam exhaust or blow-off, or any heated water until the temperature thereof has been reduced to less than one hundred (100) degrees Fahrenheit. (8) Waste containing suspended solids and/or inorganic materials 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 or portable holding tank waste. (11) Any new stormwater discharges. (12) Any discharge of food waste through a commercial disposal unit into a grease interceptor. Any existing sites that are found to have food waste disposal units will have ninety 90 days to remove the units after notification. (13) Any catch basins that collect wastewater runoff from dumpsters serving food service establishments that flow into the stormwater system or wastewater system Such flow will need to be redirected to flow into a Grease Interceptor and connect into a sanitary system, unless another plan is approved by the Director. Maximum surface area allowed to flow into the collections stem will be 200 sq. ft. (14) Any single service discharge that exceeds the following daily maximum pollutant limits:** Arsenic 0 10 m /g/L Cadmium 0.10 mR/L Chromium(total) 1.0 Chromium(hexavalent) 0.25 mg/L Copper(total) 0.75 mg/L Lead 0.25 mg/L Mercer (total) 0.010 mg/L Molybdenum 1.0 mg/L Nickel 0.60 mg/L Selenium 0.10 mg/L Silver (total) 0.20 mg/L Zinc 2.0 mg/L Cyanide(total) 0.64 mg/L Cyanide(free) 0.20 mg/L Ammonia 50.0 mg/L Benzene 0.07 mg/L Ethyl benzene 1.70 mg/L Toluene 1.40 mg/L TPH-G 1.00 mg/L TPH-D 1.00 mg/L **Businesses that follow BMP's (Best Management Practices) for their industry can petition the Department for a higher limit. This will be limited to businesses contributing less than 1 % of the total flow to the City's wastewater system and treatment plant 34 Title 15 Amendments 15.03.215 LOW PRESSURE SEWERS. Low pressure sewers may be constructed in an area where in the opinion of the Director it is impractical to construct rg avity sewers and the cost will not be a factor. Low pressure sewers shall be designed and constructed in accordance with the Engineering Desigg and Construction Standards. The pump and enclosures shall be owned and operated by the City. The owner shall be financially responsible for and shall own and operate all the electrical installation and all piping and conveyance facilities to the property line. 15.03.220 VIOLATION-PENALTY (a) Any violation of any provision of this chapter constitutes a civil violation under BMC 1.04 for which a monetary penalty may be assessed and abatement maybe required as provided therein. (b) In addition to, or as an alternative to, any other penalty provided in this chapter or by law, any person who violates any provision of this chapter shall beuguilty of a misdemeanor pursuant to BMC 1.12.020 Penalties. Chapter 15.04 STORMWATER 15.04.010 PURPOSE. This chapter establishes availability, conditions of service, system improvement requirements, and the operation and maintenance of the stormwater utility system-€e� 15.04.020 ADOPTION OF MANUALS. The following manuals are hereby adopted by reference as currently published and as hereinafter amended: (a) Department of Ecology Stormwater Management Manual for Western Washington (SWMMWW); (b) Kitsap County Stormwater Management Manual; (c) Low Impact Development(LID) Guidance Manual for Kitsap County; (d) Low Impact Development Technical Guidance Manual for Puget Sound (LID Manual) by Washington State University and Puget Sound Partnership; and (e) City of o..,,.....,..�,,., .11114) of Vll\i e Rights Way Engineering Design v and Construction Standards). 15.04.030 DEFINITIONS. In addition to definitions set forth in BMC 15.01.020, the definitions set forth in the manuals adopted in BMC 15.04.020 are hereby incorporated. If definitions in BMC 15.01.020 conflict with definitions in the manuals, the definitions set forth in BMC 15.01.020 shall prevail. 15.04.040 STORMWATER COMPREHENSIVE PLAN. A Stormwater Comprehensive Plan shall be developed by the Department meeting the provisions of RCW 35.67.030. The Plan shall be approved by the Mayor, adopted by the City Council and administered by the Director. 35 Title 15 Amendments 15.04.050 STORMWATER MANAGEMENT PROGRAM (SWMP) A Stormwater Management Program shall be administered by the City of Bfeme#en pursuant to the Western Washington Phase II Municipal Stormwater NPDES Permit currently in effect and issued by the Washington State Department of Ecology in compliance with provisions of the State of Washington Water Pollution Control Law Chapter 90.48 RCW and the Federal Water Pollution Control Act(the Clean Water Act) Title 33 United States Code, Section 1251 et seq. 15.04.060 SERVICE AREA. Stormwater service is considered available to all of the public and private property within the City of Bremerton. Stormwater service area includes all public and private properties within the City of Bremerton through either natural drainages, direct discharge to receiving water or constructed conveyance systems. Service is considered available for all properties in the City of Bremerton however storm drainage mitigation may be required pursuant to BMC 15.04.070, 15.04.070 REGULATED ACTIVITIES. Consistent with the minimum requirements contained in this section, the City shall approve or disapprove the following activities, unless exempted in BMC 15.04.080: (a) New development; (b) Redevelopment; (c) Construction site activities; and (d) Property maintenance, repair or replacement activities meeting specific thresholds as defined by SWMMWW. 15.04.080 EXEMPTIONS. Commercial agriculture, and forest practices regulated under WAC Title 222, 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 173-270 WAC, the Puget Sound Highway Runoff Program. All other new development and redevelopment is subject to the minimum requirements of this chapter. 15.04.090 STORMWATER SYSTEMS/ENGINEERING DESIGN AND CONSTRUCTION STANDARDS GENERAL. All stormwater 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 manuals adopted in BMC 15.04.020. All stormwater system 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 stormwater mains larger than the minimum sized specified in the Engineering Design and Construction Standards to provide for adequate capacity within the stormwater system. The Department is authorized to enter into cost sharing agreements to contribute to the cost for larger stormwater mains or other improvements based upon the Stormwater Comprehensive Plan. 36 Title 15 Amendments A covenant and/or easement shall be recorded with the Kitsap County Auditor's office for each property containing or served by stormwater drainage facilities. This covenant/easement shall be in a form approved by the City Attorney. The covenant/easement shall identify requirements and liability for preservation and maintenance of LID facilities approved under this chapter and privately held in individual or undivided ownership or intended for public ownership, shall restrict conversion of LID facilities, and shall grant the City access to LID facilities on private property to allow inspection, . 15.04.100 LOW IMPACT DEVELOPMENT—ALTERNATIVE STANDARDS. (a) The City encourages low impact development(LID) best management practices (BMPs), as an alternative to conventional stormwater management systems that rely on detention ponds and closed conveyance. LID is intended to manage runoff close to the source of generation and to mimic the predeveloped hydrologic condition of a site. Beginning January 1, 2017, the City will require the use of Low Impact Development best management practices for new development and redevelopment, in accordance with its National Pollution Discharge Elimination System (NPDES) permit as issued, and as may be amended by the Washington State Department of Ecology. (b) LID is accomplished first through minimizing the impervious surface coverage and second by managing runoff through dispersion, infiltration, evapotranspiration, or a combination of these approaches. Use of LID BMPs may reduce or eliminate the need for conventional detention facilities but does not remove the obligation to comply with the minimum requirements of the Stormwater Manual. (c) A variety of BMPs to minimize impervious surfaces and to manage stormwater have been developed and tested for use in Western Washington. These BMPs and the overall LID approach are described in the LID Manual. (d) The menu of LID BMPs identified in the LID Guidance Manual are accepted by the City for use in stormwater site plans to address the minimum requirements for flow control and runoff treatment in this chapter, subject to the specifications, performance standards, and design criteria in the LID Manual and review and approval under this chapter. (e) A covenant and/or easement shall be recorded with the Kitsap County Auditor's office for each property containing or served by storm drainage facilities. This covenant/easement shall be in a form approved by the City Attorney. The covenant/easement shall identify requirements and liability for preservation and maintenance of low impact development facilities approved under this chapter and privately held in individual or undivided ownership or intended for public ownership, shall restrict conversion of LID facilities, and shall grant the City access to low impact development facilities on private property to allow inspection, maintenance, and repair. 15.04.110 SERVICE CONNECTIONS. All service connections shall be installed by a contractor licensed in accordance with the provisions of this chapter in compliance with the Engineering Design and Construction Standards as adopted in BMC 15.04.020._ and to the stei:mwater-drainage systefo and shall be maintained by the PFepef4y e The service connections shall be extended at right angles from the stormwater system to the property line and shall be maintained by the property owner. During improvements to a site where the existing stormwater connection does not meet current Engineering Design and Construction Standards 37 Title 15 Amendments requirements of the standards shall apply if the improvements can be installed for twenty-five percent (25%) or less of the total improvement cost of the project or, if in the judgment of the Director, the improvements are necessary to protect other upstream and downstream properties. IHSUs cannot be transferred from one property or account to another property or account. 15.04.120 ON-SITE PRIVATE DEVELOPMENT OR REDEVELOPMENT IMPROVEMENTS. All new or redevelopment projects shall provide on-site water quality and quantity improvements to include conveyance facilities, retention/detention ponds,under-drains, infiltration facilities, or other on-site stormwater drainage facilities necessary to mitigate any increase in stormwater runoff, control off-site discharge of stormwater and provide stormwater quality treatment. All storm drainage improvements shall be in accordance with the Engineering Design and Construction Standards and the requirements of this cha tomer. On-site facilities shall be regularly maintained, cleaned, serviced and repaired by the owner. Any facility that has not been serviced or maintained and is not functioning as designed, is nonconforming pursuant to this chapter and Engineering Design and Construction Standards City standards and will be subject to abatement under BMC 15.04.080. Constructed facilities shall not be removed. 15.04.130 STORM DRAINAGE SAMPLING STATIONS. When required by the Department, the property owner shall install and maintain at their expense, a storm'drainage sampling station ownstream from the private stormwater drainage facilities to facilitate observation, sampling, and measurement of surface drainage and stormwater flows prior to discharge into the City's steffA a~•ipgestormwater system. The storm drainage sampling station shall be located as approved by the Department and constructed in accordance with Engineering Design and Construction Standards. 15.04.140 ABATEMENT OF NONCONFORMING, UNAUTHORIZED OR UNSAFE CONDITIONS. The Department shall be responsible for the integrity, safety, and continuity of the stormwater 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 the premises a nonconforming, illegal,unauthorized, or unsafe condition or to verify no such conditions exists. The Director eF the". designee may enter onto such property to inspect conditions 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 nonconforming, illegal, unauthorized, or unsafe conditions. Such remedies may include, but not be limited to, securing property owner's correction; 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. Expense incurred by the stermwateF utility in abating sueh eendifiens shall eensfitate a eivil debt ewe4 to the st@Ffawater , 38 2"itle 15 Amendments fees and ehafg -Any expense incurred by the City to abate such condition shall be the responsibility of the owner(s), in accordance with the current Assessments Rates Fees and Char es set forth in Chapter 15.06 BMC, including any related cost and cost of collection 15.04.150 STORMWATER SYSTEM OPERATION AND MAINTENANCE - GENERAL. 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 and City owned property. The Department shall not be responsible for servicing private systems connected to the City's stormwatermain system, except as provided in this chapter. When maintenance, repair, or replacement of pub;iely owned f eilitiesthe Ci 's stormwater system is required, due to user activities resulting in unsafe, nonconforming, or unauthorized conditions as set forth in this section, any expense incurred by the City to abate such condition shall be the responsibility of the owner(s), in accordance with the current Assessments, Rates, Fees, and Charges set forth in Chapter 15.06 BMC including an rid cost and cost of collection . 15.04.160 CONSTRUCTION AND MAINTENANCE OF PRIVATE STORMWATER FACILITIES. (a) All stormwater facilities required under this chapter shall be constructed and maintained as set forth in the Stormwater Management Manual,and-the approved permits,and/or appr-evals ^f*''e r;*Jin accordance with the current Engineering Design and Construction Standards. (b) Maintenance of Private Stormwater Facilities. (1) The person or persons holding title to the property and the applicant required to construct a stormwater facility shall remain responsible for the facility's continual performance, operation, and maintenance in accordance with the standards and requirements of the Stormwater Management Manual, this chapter,afid-the approved permits,and/or in accordance with the current Engineering Design and Construction Standards appr-evalss of 4 e "and shall remain responsible for any liability as a result of these duties. Language designating the responsible parties shall be printed on the face of the plat documents, covenant, easement or other agreement recorded with the Kitsap County Auditor's office for each property containing or served by said stormwater drainage facilities. This covenant/easement shall be in a form approved by the City Attorney. (Z) The City shall have authority to periodically enter upon the property and inspect the stormwater facilities to ensure such compliance and to issue orders requiring maintenance and/or repair. In event that the titleholders or other responsible parties do not effect such maintenance and/or repairs, the City may peffe�sueh oo ark, and the eest theFee r-eeev______ b, the C__, __.,___ said -1Gle. V.IIV1Jresponsible .the Director may abate the condition, by either making the corrections or by termination of the water service until the connection is made and/or by filing a lien against the property. (3) When an inspection identifies an exceedence of the maintenance standard or a nonconforming, unauthorized condition, maintenance/repair shall be performed in accordance with the-following-schedule: - - - . I. - 39 Title 1 S Amendments i. Within one (1) thirty (30) days for typical maintenance of facilities . 11. TT,di[li Jl]C ii}. Within one{1) year for maintenance that requires capital construction of less than twenty-five thousand dollars ($25,000). 15.04.170 INTERRUPTION OF SERVICE - EMERGENCY. Ste • ater--r t�ir-r�m�J be tY emnn arilJ di t' rl in an eaaaea bc,n. th ♦ ti + euste e for-the per-posee f making-ep ir-.,extension, other- -L encyef--reas9nable, and in eases wheFe-it has adi4 nee knowledge, the D ft t will nrev de net:ee e fsueh emefge«e.1. ,,.,Y )prime tl, av v1�vnnr,narxa,astvrr ' The Department r d b Ya , may restrict the use of the stormwater system through regulation or control of the use whenever an emergency exists affecting the stormwater system or for the purpose of making repairs extensions, or any other necessary work. Whenever reasonable and in cases where it has advance knowledge, the Department will provide notice of such emergency using_appropriate methods of communication, setting forth any limitations on the use of the stormwater system that may be deemed necessary for public health and safety. The City shall not be held responsible for any damage to a private property resulting from interruption, failure of the stormwater system, or failure of the property owner to comply with provisions of this code. 15.04.180 CHANGED SITE CONDITIONS. When an alteration to an existing parcel of property requires a building or grading permit, a newer-Utility Service Agreement shall be required if any existing stormwater connections de-does not meet the current Engineering Design and Construction Standards. HeWeVeF, this FequiFemefA shall enly apply if the impr-evement ean be installed for-twenty five peYf eat (2504) er-le of the total e,,,e«t„est of the pr-ajeet Win tL . Judgment e f the Prior to entering into a new Utility Service Agreement the stormwater connection shall be videoed and approved by the Director for reuse. Any existing stormwater connection determined to be substandard must be replaced as directed by the Director, at the owner's expense. 15.04.190 PROHIBITED ACTS. Vieletien^ under-this seetien shall b ptmishable as a misdemeanor d subject t «dit:ens of 1311 C 1 c nn 7 1 n unless ethefmiseindieatedit shall be unlawful for any person to violate the following: (a) L44awfd-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. (1) No person shall throw, drain, or otherwise discharge, cause or allow others under his/her control to throw, drain or otherwise discharge into the municipal storm drain system any materials other than stormwater. (2) Examples of prohibited contaminants include but are not limited to the following: 40 Title 15 Amendments Acids, alkalis, or bases; Animal carcasses; Antifreeze and other automotive products; Bark and other fibrous materials; Batteries; Chemicals not normally found in uncontaminated water; Chlorine, bromine, or other disinfectants; Construction materials; Degreasers and/or solvents; Domestic animal wastes; Drain cleaners; Dyes, unless approved by the City; Flammable or explosive materials; Food wastes; Heated water; Lawn clippings, leaves, or branches; Metals in either particulate or dissolved form; Paints, stains, resins, lacquers, or varnishes; Pesticides, herbicides, or fertilizers; Petroleum products including but not limited to oil, gasoline, grease, fuel oil and heating oil; Radioactive material; Recreational vehicle waste; Sewage; Silt, sediment, concrete, cement or gravel; Soaps, detergents, or ammonia; Steam cleaning wastes; Swimming pool cleaning wastewater or filter backwash; Trash or debris; Any other process-associated discharge except as otherwise allowed in this section; and Any hazardous material or waste not listed above. (c) Allowable Discharges. The following types of discharges shall not be considered illegal discharges for the purposes of this chapter unless the City determines that the type of discharge, whether singly or in combination with others, is causing or is likely to cause pollution of surface water or groundwater: Air conditioning condensation; Discharges from emergency fire-fighting activities; Diverted stream flows; Flows from riparian habitats and wetlands; Footing drains; Foundation drains; Irrigation water from agricultural sources that is commingled with urban stormwater; Rising ground waters; Springs; Uncontaminated ground water infiltration as defined in 40 CFR 35.2005(20); and Uncontaminated pumped ground water. 4? Title 15 Amendments (d) Conditional Discharges. The following types of discharges shall not be considered illegal discharges for the purposes of this chapter, if they meet the stated conditions, or unless the City determines that the type of discharge, whether singly or in combination with others, is causing or is likely to cause pollution of surface water or groundwater: (1) Potable water, including water from water line flushing, hyper chlorinated water line flushing, fire hydrant system flushing, and pipeline hydrostatic test water. These planned discharges shall be de-chlorinated to a concentration of 0.1 ppm or less,pH-adjusted, if necessary and in volumes and velocities controlled to prevent re-suspension of sediments in the stormwater system. (2) Lawn watering and other irrigation runoff. These types of discharges shall be permitted if the amount of runoff is minimized through water conservation efforts. (3) De-chlorinated swimming pool discharges. These discharges shall be de- chlorinated to a concentration of 0.1 ppm or less,pH-adjusted and reoxygenized if necessary, volumetrically and velocity controlled to prevent re-suspension of sediments in the stormwater System. (4) Street and sidewalk wash water, water used to control dust, and routine external building wash down that does not use detergents. These discharges shall be permitted, if the amount of street wash and dust control water used is minimized. At active construction sites, street sweeping must be performed prior to washing the street. (5) Non-stormwater discharges covered by another NPDES permit. These discharges shall be in full compliance with all requirements of the permit, waiver, or order and other applicable laws and regulations. (6) Other non-stormwater discharges. These discharges shall be in compliance with the requirements of a stormwater pollution prevention plan(SWPPP)reviewed and approved by the City, which addresses control of such discharges by applying AKART to prevent contaminants from entering surface or ground water. (e) Prohibited Connections. (1) The construction,use, maintenance, or continued existence of illicit connections to the stormwater system is prohibited. (2) This prohibition expressly includes,without limitation, illicit connections made in the past,regardless of whether the connection was permissible under law or practices applicable or prevailing at the time of connection. (3) A person is considered to be in violation of this section, if the person connects a line conveying sewage to the MS4 or allows such a connection to continue. (f) Any discharge that exceeds the following daily maximum pollutant limits: Ammonia 50.0 mg/L Arsenic 0.10 mg/L Cadmium 0.10 mg/L Chromium(hexavalent) 0.25 mg/L Chromium(total) 1.0 mg/L Copper(total) 0.75 mg/L Cyanide(free)0.20 mg/L Cyanide (total) 0.64 mg/L Lead 0.25 mg/L Mercury(total) 0.010 mg/L Molybdenum 1.0 mg/L 42 Title 15 Amendments Nickel 0.60 mg/L Selenium 0.10 mg/L Silver(total) 0.20 mg/L Zinc 2.0 mg/L 15.04.200 ELIMINATION OF IMPROPER STORMWATER INFLOW TO THE WASTEWATER SYSTEM. (a) Purpose. The purpose of this section is to significantly reduce improper stormwater inflow to the wastewater system in order to eliminate or reduce instances of combined sewer overflow events and surcharged sanitary sewers due to the improper inflows, which are detrimental to public health and welfare; and to maximize efficient operation of the wastewater eelleefien and treatment plant. (b) Stormwater connections to the wastewater system are prohibited, as of January 1, 2005. A property that maintains a stormwater connection after January 1, 2005, is charged a fee for the connection pursuant to BMC 15.06.050(b), Rates—Stormwater 14ow to Wastewater- System. (c) Director's Authority to Order Disconnection. (1) Purpose. The Director has the authority to order the disconnection of improper stormwater inflow to the wastewater system where that disconnection is necessary to meet combined sewer overflow reduction and elimination of sanitary sewer surcharging. The order of disconnection will generally be in target areas as defined elsewhere in this section. (2) Notice. Director's order of disconnection will be provided in writing and will establish an effective date by which the improper stormwater inflow shall be discontinued. The effective date shall be no sooner than ninety (90) days from the date of the letter. The effective date may be extended in writing by the Director. (d) Target Areas. The Director may identify target areas within the wastewater service area (sewer or storm drainage basins or sub-basins)which have the highest priority for reduction of improper stormwater inflow to the wastewater system based upon combined sewer overflow events and sanitary sewer surcharge problems. (e) Abatement of Improper Stormwater Inflow. Whenever an improper stormwater inflow to the wastewater system exists subsequent to the disconnection requirements specified elsewhere in this section, the Director may abate the condition including: reconstruction, replacement or removal on public or private property as specified elsewhere in this chapter. 15.04.210 VIOLATION ENFORCEMENT—PENALTY (a) Any violation of any provision of this title constitutes a civil violation under Chapter 1.04 BMC for which a monetary penalty may be assessed and abatement may be required as provided therein. (b) In addition to or as an alternative to any other penalty provided in this chapter or by law, any person who violates any provision of this title shall be guilty of a misdemeanor pursuant BMC 1.12.020, Penalties. 43 Title 15 Amendments Chapter 15.05 FATS, OILS AND GREASE 15.05.01 0 ADNIINISTRATION. The provisions of this chapter shall be administered by the Director of Uublie Works and Utilities or-his or-4er-designee. 15.05.020 PURPOSE. The purpose of this chapter is to aid in the prevention of sanitary sewer blockages and obstructions from contributions and accumulation of animal- or vegetable-derived fats,oil,and greases discharged to thesewer-wastewater system from multi-family complexes and industrial or commercial establishments, affi ,particularly food preparation and serving facilities. The objectives of this program are to use reasonable and technically feasible controls to protect the health and safety of the community and: (a) Eliminate sanitary sewer overflows. (b) Reduce the amount of fats, oils, and grease discharged to the MF eel�iewastewater system. (c) Reduce maintenance costs for the SaHi 'SeWeF eelleetionwastewater system. (d) Improve operation of the W „a.,..y sewer- elleetio wastewater system. (e) Reduce maintenance cost for the treatment plant facility operations 15.05.030 APPLICABILITY. This chapter applies to all food processing establishments, food sales establishments, food service establishments, and any other facility that discharges polar grease to the saFrit seweF elle do wastewater system and is located within the boundaries of the City's-of RfemeAe wastewater eellleeieft system on or after the effective date of the ordinance codified in this chapter. 15�.040 DEFLNITIO S. management YYae "City" . n „ means an),food pr-eeessing establisiunent, food sales 7 er- service establishment. nFats, oils and n m-easur--abble using aaal�4ieal pfeeedufes established in Title 40 efthe Code ef Fedefal Regulations PaFt 136 (40 C-FR 136). Commonly r-eferred to as "Food" Fneans any raw, eeeked, er-pr-eeessed edible substane --edient used ef intended for-use or sale in wbole or in paFt fef „ "Feed 1bli UllhLLlVLLI.(1 UF-SLl.tt iiiV wholesale etail and st s, 4'etai V seafeed feed pFeraessing 7 plants, bakeries, 7 7 nuts and vegetable stores 44 Title 15 Amendments '1711-1 pl ofb a and s il.. establishments, ebil0 o nt efigaged in the _1_ _P �/ eV V business K11Y J11111141 -� 7 fl 11 meals, Faeam any establishment for-the pr-epafatien and sen,ing of 7 shaft orders, 7 frozen ) of: ether-edible ffeduets ,aadA r-ttre a to have a Food Business Pe it issued by nits p rte„ niy r,. nt ,.r shops, eafeteFiHS, 7 7 tavems7 lunehfoems, plaees whirsh manufaetwe retail sandwiches, soda fountains, institutional eafeter-ias7 eatefing establishments, , and operations eofffieeted theFeWith.-; "Grease" fneanS Fender-ed animal fat, vegetable sheftening, and ether-stleh oily matter- user] for-the pur-pes s of and „lting ftempreparing and/or- 1,' food-. r r p llG.Fease removal i+11 means auiau e deviee designed to fats,,ts 7 il,) ....t grease t liquid waste prief-to the YwastevveAer enter-ing the sanitar-y sewer- systemGrease inter-eepter- ineans an inter-eepter-ef at least seven hundred fifty (750) gall 11 11 • eapaeky whese rated flow emeeeds fifty(50)gallens peF minute(gpm) to sen,e one (1)er-more designed te 7 een4ain er Fem"e feed wastes and gfease ffem the waste stfeafn while allowing the balanee of the liquid waste 11gray fT "Greasesystem b, fl Fneans a deviee leeated inside a feed seFviee f4eility designed te retain d \ / to Of feff` ) whofixturese VJV 1K4LY flew is fifty(cm ll mintite(gpm) or less. 14 is designed to eselleet, eenfain er-fefneve feed wastes and gFease ftem the waste stfeafn while allewing the balanee ef the liquid waste te diseharge to the wastewater- Wiiiifaufn design 171 I 1 ty" J fneansthc-Q'�`"4C'TI'gn-Tf'RTRTe9-OTa91-CCT7c-rii[cT6,G17tVl-and its ability te eF the volume required to effeetively ept and retaingreases ffem laden 11Neapelar- (miner-al n meafts an),water-er-waste whieh eentains more than efie (1,000,000) by weight ef7 anal)4irsal pfeeedur-es established in 40 GFR Pai4 136. flelaf(animal and vegetable p means any wateF or-waste which has visible fats,- oils oilor p�e p e fle ting an the sur-faee adhering!e thesides of the sampl"entainews. l "Readering/dispes Ee TT �iF"that has"a-gF ZCCiliz v.ur J, �����ei4-o " nif:,,-.,, t?1,,mbing Code (UPC)" govems the � f ..t_ installation,V as V11Ll 1 1K11IV 1I1 alteration a .,1 pleee«.eat .,n+.- eti„ f 11 plumbing. , . er � laa�aa , ie " SeF" a ..h n4.-ib to permitsreauses or- the s 'L. t' f Ve ~•J Y 11V LV11111VYlt S, 15.05.858040 GREASE INTERCEPTOR REQUIREMENT. (a) Fats, Oils and Grease Control Program. All facilities are required to submit implement and maintain a fats, oils and grease control program. The goal of the program is to implement reasonable and technically feasible controls of free-floating fat, oil and grease. The basic components of the program should include: 45 Title 15 Amendments (1) A written program articulating management and corporate support for the plan and a commitment to implement planned activities and achieve established goals through the implementation and enforcement of best management practices. (2) A description of the facility type and a summary of the products made and/or service provided. (3) A description of current reduction, recycling and treatment activities. (4) Schematics of the process areas illustrating drains and discharge points connected to the sanitary sewer. (5) Specific performance goals and implementation schedule. (6) Initial training for new employees and refresher training every six (6) months. (b) New Facilities. On or after the effective date of the ordinance codified in this chapter, food processing establishments, food sales establishments, or food service establishments which are newly proposed or constructed shall be required to install, operate and maintain an approved type and adequately sized grease interceptor necessary to maintain compliance with requirements as described in the Engineering Design and Construction sus-Standards for interceptor/grease trap of this chapter. (c) Existing Facilities with Grease Removal. On or after the effective date of the ordinance codified in this chapter, existing food processing establishments, food sales establishments, or food service establishments shall be permitted to operate and maintain existing grease interceptors or grease traps;provided, that the equipment is in efficient operating condition. All such establishments are required to develop and implement best management practices (BMPs) to reduce the quantity of fats, oil and grease discharged to the ff eeeelleetien.wastewater system. Any facilities that are known to cause grease-related cleaning activities in the 2.Twastewater system, a grease-related sa ' astewater system overflow or fail to implement and enforce BMPs will be required to install a properly sized and functioning grease interceptor designed to meet the City's grease control requirements as described in the Engineering Design and Construction standards Standards for interceptor/grease trap of this chapter. (Polar and nonpolar fats, oils and greases in amounts that cause a visible sheen on the discharge or in the public sewer-wastewater system, a build-up of grease in any public; sewer-f c;& Wastewater, which accumulations, either alone or in combination with other discharges, cause an obstruction of the pablie sewerwastewater system or any water or waste which contains more than one hundred (100) parts per million(1,000,000)by weight of fats, oils and grease as measured using analytical procedures established in 40 CFR Part 136.) Installation must be completed within ninety(90) calendar days from notification by the City or as otherwise specified by other governing agencies. _(d) Existing Fa valamaes ithe ,, Grease Re al A. feed Stabl__h — 7 establishments,feed sales or-feed seFyiee establishments that expand by twenty five (25)pefeent install, epef:ate and main4ain an approved typen adequately ,7 b "ease intercepter- reteY . -- _. eptn e to maintain pli _t rr (ed) Existing Facilities with/without Grease Removal. Establishments that: (1) Expand by twenty-five(2-5)percent 25% their seating capacity for food service; or (2) Renovate or remodel and a grease interceptor can be installed for with a v^hitt:^„ n ..satethan 1 + twenty-five CSI percent 25% or less than the total cost of the ^teases 46 Title 15 Amendments remodelef the building's assessed value using the euffe.t • s f rd a b the Kitsap County Assessor's or (3) Are known to cause grease-related cleaning activities in the sanitar-y sewer-wastewater system; or (4) Contributed to a grease-related efwastewater system overflow; or (5) Fail to implement and enforce BMPs; will be required to install a properly sized and functioning grease interceptor designed to meet the City's grease control requirements as described in the'EngineeringDesign and Construction standards-Standards for interceptor/grease trap of this chapter. (Polar and nonpolar fats, oils and greases in amounts that cause a visible sheen on the discharge or in thesewer-wastewater system, a build-up of grease in any astewater system, which accumulations, either alone or in combination with other discharges, cause an obstruction of the publie astewater system or any water or waste which contains more than one hundred (100) parts per million (1,000,000) by weight of fats, oils and grease as measured using analytical procedures established in 40 CFR Part 136.) Installation must be completed within ninety (90) calendar days from notification by the City or as otherwise specified by other governing agencies. (fe) Variance from Grease Interceptor Requirements. Grease interceptors required under this chapter shall be installed unless the City authorizes the installation of a grease trap or other alternative pretreatment technology after determining that the installation of a grease interceptor would not be feasible due to space constraints or other considerations. The facility bears the burden of demonstrating that the installation of a grease interceptor is not feasible and that the variance will not cause the facility any problems in meeting the requirements as described in the Engineering Design and Construction standards Standards for interceptor/grease trap of this chapter. (Polar and nonpolar fats, oils and greases in amounts that cause a visible sheen on the discharge or in the publie seweFwastewater system, a build-up of grease in any pebli. sewer-f,.:lit•wastewatersystem, which accumulations, either alone or in combination with other discharges, cause an obstruction of the.^••' riastewater system or any water or waste which contains more than one hundred (100) parts per million (1,000,000)by weight of fats, oils and grease as measured using analytical procedures established in 40 CFR Part 136.) The request for an alternate grease removal device or grease trap shall contain the following information: (1) Detailed explanation of the reason(s) that the installation of a grease interceptor is not feasible. (2) Location of the emnainwastewater system in relation to available exterior space outside the building. Alternative pretreatment technology includes,but is not limited to, devices that are used to trap, separate, and hold grease from wastewater and prevent it from being discharged into the san tar-y sewe,.001je^*:,.,,wastewater system. Any alternative technology must result in a discharge that meets the requirements as described: polar and nonpolar fats, oils and greases in amounts that cause a visible sheen on the discharge or in thesewer-wastewater system, a build-up of grease in any publie sewer faeilkywastewater system,which accumulations either alone or in combination with other discharges cause obstruction of the astewater system or any water or waste which contains more than one hundred(100) parts per million (1,000,000)by weight of fats, oils and grease as measured using analytical procedures 4? Title 15 Amendments established in 40 CFR Part 136. The City, prior to installation, must approve any alternative pretreatment technology. 15.05."W050 STANDARDS. (a) Grease Interceptor. (1) Each facility is solely responsible for the cost of the grease interceptor installation, inspection, cleaning and maintenance. (2) Grease interceptor sizing and installation shall conform to the requirements contained in the sent editienlatest version of the Uniform Plumbing Code (UPC) or other criteria as determined on a case-by-case basis based on review of relevant information, including, but not limited to, grease interceptor performance, waste stream characteristics, facility location, maintenance needs, and/or inspection needs. The aforementioned determinations may or may not conform to the Uniform Plumbing Code construction standards or sizing criteria for grease interceptors or similar devices. The minimum capacity of any exterior grease interceptor will be one thousand five hundred (1,500) gallons unless approved by the Director of Publie Werks. Supporting sizing calculations shall be submitted to the City. (3) Grease interceptors shall be designed using standard engineering principles for sedimentation and flotation in gravity separators. The grease interceptor will have a minimum of two(2) compartments with fittings designed for grease retention. (4) Grease interceptors shall be installed in accordance with City standard detailsthe EngineeringDesign and Construction Standards. (5) Grease interceptors shall be installed at a location where it is easily accessible for sample collection, inspection, and cleaning and removal of retained grease. The grease interceptor may not be installed in any part of the building, unless preapproved, and the location must meet the approval of the City. (6) Grease interceptors shall be located in the food service establishment's lateral line between all fixtures which may introduce grease into the sanitary sewerwastewater system and the connection to the ,- eelleetienwastewater system. Such fixtures shall include but not be limited to sinks, dishwashers, floor drains for food preparation and storage areas, mop sinks, and any other fixture which is determined to be a potential source of grease. (7) Grease interceptors must be vented. (8) Flushing the grease interceptor with water having a temperature in excess of one hundred forty (140) degrees Fahrenheit is prohibited (maximum temperature for affee� effect on concrete). (9) Grease interceptors shall be equipped with a sampling port at the outlet of the interceptor. Inspection tees and manholes must enable the "• CLty to monitor and test the discharge for compliance with City requirements or to allow monitoring and testing in accordance with the rules and regulations of other federal, State or local agency having governmental or contractual jurisdiction within the utilityee afe wastewatersystem. (10) Access manholes, with a minimum diameter of twenty-four(24) inches, shall be provided over each chamber and sanitary tee. The access manholes shall extend at least to finished grade and be designed to prevent water inflow or infiltration. The manholes shall also have readily removable covers to facilitate inspection, cleaning and removal of retained grease and sample collection. Riser maximum will not exceed twenty-four(24) inches. (11) Grease interceptors shall be considered out of compliance if the total volume of grease and solids displaces more than twenty-five(25) percent of the effective volume 48 Title 15 Amendments of the final chamber of the interceptor. Grease interceptors must be serviced and emptied of accumulated waste content as required maintaining a minimum design capability or effective volume,but not less than once every ninety(90) calendar days. If a facility determines that cleaning every ninety(90)calendar days is unnecessary in order to remain in compliance with requirements, the facility may make a written application for a variance from the cleaning schedule. (12) Sanitary wastes (restroom wastes) cannot be introduced into the grease interceptor. (13) Any facility that has a grease interceptor shall maintain a pumping contract with a licensed grease pumping company. The pumping company will pump the interceptor on a regular schedule without notification from the food service. The pumping company will notify the City if the contract is canceled by either party. (14) Wastes removed from a grease interceptor shall be disposed of at a facility permitted to receive such waste. Neither grease, solids nor liquids removed from grease interceptors shall be returned to any grease interceptor, private sanitary sewer line, any portion of the saRit y sewe-^^"e^*l^~wastewater system or any portion of the stormwater system. (15) All facilities shall maintain a written record of inspection and maintenance activities and the rendering/disposal company manifest for a minimum of three (3) years. All such records shall be submitted to the City and made available for on-site inspection during all operating hours. (b) Grease Trap. Each facility is solely responsible for the cost of the grease trap installation, inspection, cleaning and maintenance. (1) Grease trap sizing and installation shall conform to the requirements contained in the^tiffen editie*latest version of the Uniform Plumbing Code or other criteria as determined on a case-by-case basis based on review or relevant information, including,but not limited to, grease trap performance, waste stream characteristics, facility location, maintenance needs, and/or inspection needs, but in no case will the grease trap be less than twenty(20) gallons per flowminute flow rate. The aforementioned determinations may or may not conform to the Uniform Plumbing Code construction standards or sizing criteria for grease traps or similar devices. (2) Grease traps shall be designed using standard engineering principles for sedimentation and flotation in gravity separators. (3) Grease traps shall be installed in accordance with City standaf&Aetailkthe En ink eering Design and Construction Standards. (4) Grease traps shall be installed at a location where it is easily accessible for sample collection, inspection, and cleaning and removal of retained grease. (5) Grease traps shall be located in the food service establishment's lateral line between all fixtures which may introduce grease into the af wastewater system and the connection to the sanitary sewer eelleetio wastewater system. Such fixtures shall include sinks, drains and other fixtures for food preparation and storage areas, and any other fixture which is determined to be a potential source of grease. Fixtures such as waste disposal units and dishwashers shall not be connected to the grease trap. (6) Flushing the grease trap with water having a temperature in excess of one hundred forty(140) degrees Fahrenheit is prohibited. 49 Title 15 Amendments (7) Grease traps shall be equipped with a device to control the rate of flow through the unit. The rate of flow shall not exceed the manufacturer's rated capacity recommended in gallons per minute for the unit. (S) Grease traps shall be considered out of compliance if the total volume of grease and solids displaces more than twenty-five(24)percent25°/a of the effective volume of the chamber. The facility and inspector will determine and document the mutually agreed upon maintenance schedule and complete debris removal frequency. (9) Sanitary wastes (restroom wastes) cannot be introduced into the grease trap. (10) Neither grease, solids nor liquids removed from grease traps shall be returned to any grease trap, private sanitary sewer line, any portion of the eelleetienwastewater system or any portion of the stonmwater system. (11) All facilities shall maintain a written record of inspection and maintenance activities for a minimum of three(3) years. All such records shall be made available for on-site inspection by representatives of the City during all operating hours. 15.05.80060 ENZYMES, BACTERIA AND OTHER AGENTS. The direct addition into the building plumbing, grease trap or interceptor of enzymes, chemicals or other agents designed to emulsify the grease compounds is prohibited. Grease trap or interceptor design and sizing criteria are based on gravimetric separation for grease and solids removal. The addition of enzymes or chemical emulsion agents would impede the gravimetric separation and defeats the purpose of the grease trap or interceptor. Any attempt to modify the trap or interceptor into a biological reactor by adding bacterial or microbial agents is also prohibited. 15.05.880070 INSPECTION, MONITORING AND REPORTING. (a) The City shall inspect food processing establishments, food sales establishments, or food service establishments on both a scheduled and unscheduled, unannounced basis to determine whether the requirements set forth in this chapter are being met. (b) Food processing establishments, food sales establishments, or food service establishments shall allow City officials and other duly authorized employees or agents of the City bearing proper credentials and identifications access at all reasonable times or during normal hours of operation to all parts of the premises for the purpose of inspection, observation, records examination, measurement, sampling and testing in accordance with the provisions of this chapter. The City shall have the right to set up on any user's property devices necessary for conducting wastewater sampling inspection, compliance monitoring and/or metering operations. All costs for laboratory collection and analysis shall be the responsibility of the food processing establishments, food sales establishments, or food service establishments. (c) Each food processing establishment, food sales establishment, or food service establishment shall retain maintenance records with the following information for each grease removal device located on the premises. The records shall be kept a minimum of three(3)years and provided to the city upon request. (1) Date of service. (2) Volume pumped(gallons). (3) Name of waste hauler. (4) Waste disposal location. 50 Title 15 Amendments 15.05.090080 VIOLATION—PENALTY. (a) Any violation of any provision of this chapter constitutes a civil violation under Chapter 1.04 BMC for which a monetary penalty may be assessed and abatement may be required as provided therein. (b) In addition to, or as an alternative to, any other penalty provided in this chapter or by law, any person who violates any provision of this chapter shall be guilty of a misdemeanor pursuant to BMC 1.12.020(2). Chapter 15.06 ASSESSMENTS, RATES, FEES AND CHARGES 15.06.010 PURPOSE. This chapter provides for the,establishment of fees, rates.,and other charges for connection to or utilization of the utility system, for providing utility service, administration and maintenance of utility accounts, and for the operation, maintenance, repair.,and improvements of the utility system. Fees, rates.,and other service charges shall include, but not be limited to, front footage fees, general facility fees, connection charges, utility service rates, account maintenance charges,plan check, and system development fees and charges. All fees, rates, and charges for service outside the City limits will be assessed at a charge of one hundred fifty percent(150%) of the City rate for wastewater and one hundred fifty percent (150%) of the City rate for water. 15.06.015 ASSESSMENTS, RATES, FEES AND CHARGES—ESTABLISHED. Assessments, rates, fees., and charges for services relating to the Department of Publie WeWis and for water, wastewater, stormwater.,and other related services are wed by resolution of efdinanee emd are n file with the City Clerk and posted er4inked-on the City of Bremerton's website. See Chapter 3.01 BMC for the link to the City of Bremerton's website for rates and fees. 15.06.020 ASSESSMENTS. (a) General Facility Charge. (1) A general facility charge (GFC) shall be charged on all new or expanded service connections to the utility system (water, wastewater, and stonmwater). Existing connections within the system as of the effective date of this Code shall be considered to have paid their proportionate share of the general facility charge for existing use. (2) Parcels and/or facilities which have had utility services but have been inactive can request to have the inactive account be reactivated. When the account is restored and/or expanded, the GFCs shall only be charged for the additional demand placed on the water, wastewater, or stormwater facilities. i. All appropriate GFCs (water/wastewater/stormwater) will need to be paid to reactive the services. (3) Parcels and/or facilities in which no utility services are present shall be defined as new undeveloped parcels and shall receive no credits and shall Vgy all applicable assessments,rates, fees, and charges. (4) Change of use or loading for the facility, which is a reduction in GFCs will not be refunded or credited. 51 Title 15 Amendments (5) The calculation of the general facility charge for stormwater shall be based on the total number of IHSU's added to the parcels (26) The calculation of the general facility charge for water shall be based on the meter size to be installed for a new or expanded water utility service. (47) The calculation of the general facility charge for wastewater shall be based on the number of equivalent residential unit(s) (ERU) served and shall be computed as follows: Single-Family Residence 1 ERU Accessory Dwelling Unit 0.65 ERU/unit Duplex/Zero lot line (two units) 1 ERU/unit Multifamily(three or more units) 0.65 ERU/unit Mobile Home Space in Mobile Home Park(common building at additional commercial rate and laundry areas at 0.65 ERU per space laundry rate) Recreational Vehicle Waste Dumping Station 0.65 ERU per station Schools 0.030 ERU per student capacity Churches (school uses at additional per student capacity 0.65 ERU per 100 seats rate) Hospitals -General 1 ERU per bed Convalescent Hospitals (additional charges for kitchen or other fixtures throughout the facility at the commercial 0.50 ERU per bed Late Residential Care/Boarding Facilities 0.25 ERU per bed Hotels and Motels (additional charges for restaurant or tavern at restaurant or tavern rate, laundry areas at laundry 0.25 ERU per room or motel unit rates, and meeting room areas with fixtures at commercial rate) Food Preparation and/or Serving Areas 0.15 ERU per 100 square feet Vehicle Wash Self-Service Vehicle Wash 1.17 ERU per bay Full-Service Vehicle Wash 15.66 ERU per bay All Other Vehicle Washes See Wet Industrial Laundries and Laundromats 0.30 ERU per 100 square feet Industrial Laundries See Wet Industrial Remodels of the above-listed, which result in no increase in the units on which the charge for a new building is calculated, the ERU for the remodel will be calculated on the basis of the fixtures added using the amounts in the Commercial section. Commercial, Office, and Dry Industrial Charge for each plumbing fixture to be installed _ Bathtub w/or w/o shower 0.13 ERU Dental unit or cus idor 0.1 ERU Dishwasher 0.1 ERU Disposal 0.1 ERU Drinking Fountain 0.05 ERU Floor Drain 0.01 ERU 52 Title 15 Amendments Fountain/Backwash 0.1 ERU Kitchen Sink _ 0.08 ERU Laundry Tray 0.08 ERU Lavatory 0.05 ERU Service Sink 0.08 ERU _ Shower(each head) 0.13 ERU Swimming Pool/Backwash 0.1 ERU _ _ Urinal 0.17 ERU Urinal Trough (for each two-foot section) 0.17 ERU _ Wash Sink(for each set of faucets) 0.08 ERU _ Washing Machine 0.07 ERU Water Closet 0.33 ERU To be determined on an individual Wet Industrial basis by the City utilizing the formula listed below. GFC =(G.P.D./236) x SRF x F G.P.D. =Anticipated volume of discharge to sewer in gallons per day. SFR= Current general facility charge for a single-family residential unit. _ F=Extra strength factor, whole number multiplier derived ' for every 330 mg/l of biochemical oxygen demand or suspended solids, or fraction thereof,, in excess of the first 330 mg/1 of biochemical oxygen demand or suspended solids. Example: Factor Range 1 0 - 330 --- 2 331 - 660 3 661 -990 continues per 300 increment) Undefined Building and Sewer Use To be determined on an individual basis by the City. Determined on basis of additional loading or new use for entire Additional Loading or Change of Use facility less credit for former use. No refiinds if new use is less than former use (47) The following are the definitions of the classifications used in establishing the ERUs: "Church" is defined as a building or structure whose principal use is for worship and in which the incidental use for school or recreational purposes is less than twelve(12)hours per week. Church buildings used for school purposes in excess of twelve(12) hours per week shall 53 Title 15 Amendments be.charged the GFC per student capacity in addition to the charge per one hundred(100) seats as a church. "Commercial building" is defined as a building used for conducting of wholesale or retail trade. Dry industrial buildings or structures are those buildings or structures housing light industrial activities where use of water and subsequent discharge of sewer does not occur in connection with the industrial process. Warehouses and other storage buildings with sewer connections are classified as dry industrial buildings. "Convalescent hospital" (or rest home) is defined as a building or structure used for housing of persons convalescing from illness or injury or persons requiring close personal care. No additional charge shall be made for laundry or food and drink preparation and serving facilities included in the convalescent hospitals. "Food preparation and serving facility" includes restaurants, taverns, delicatessens, and wholesale and retail bakeries, but does not include canneries, dairies, cheese factories,packing houses and similar facilities, which shall be classified as "wet industrial" under the paragraph addressing wet industrial. "General hespitalHos ital" is defined as a building or structure used for the temporary housing of ill or injured persons and containing facilities for medical and surgical treatment of such persons.Ne additional ehar-ge shall be made fnr laundry a food u drat Prajaacfier -sia "Hotel" (or motel) is defined as a building or group of buildings used for temporary housing of persons containing rooms or units intended for the use of transient persons. Those areas within hotels and motels to be used for commercial preparation of and serving of food and drink shall be charged at the rate for food preparation and/or serving. Commercial areas within hotels and motels, including convention facilities and other such common areas other than lobby areas, shall be charged at the rate for commercial and dry industrial areas. Areas used for laundry facilities in hotels and motels shall be charged at the rate for laundries and laundromats. Such additional charges for food and drink, commercial areas and laundry shall be in addition to the charge per room or motel unit. "Industrial laundry" is defined as a building or structure or parts of buildings and structures used for housing and operating laundry equipment for the large scale washing of uniforms, towels, linens, etc. The anticipated volume and strength of the sewage to be generated from an industrial laundry would be considerably more than that from a commercial laundry or Laundromat. Industrial laundries shall be classified as "wet industrial" under the paragraph addressing wet industrial. "Laundry" and "';mmdrE�Laundromat" is defined as a commercial building and structure, or parts of commercial buildings and structures, used for housing and operating laundry equipment by the general public to wash clothes and linens for personal use. "Mobile home park" (including travel trailer parks) is defined as any area or tract of land having a sewer connection, and where sewerage collection pipes are extended to two (2)or more spaces occupied by,or intended to be occupied by a mobile home, travel trailer, or motor home which are defined as a vehicle with or without motive power which is designed,used, or intended for use as a place of human habitation, or as eating, sleeping, or living quarters or any combination thereof. A mobile home space is defined as the individual location having a sewer hookup for each such vehicle. For purposes of determining the GFCs for mobile home parks' common buildings, such as recreation halls, etc., shall be charged as commercial buildings. 54 Title 15 Amendments Buildings housing laundry facilities shall be charged as laundries and laundromats and food or drink service buildings shall be charged a food preparation and/or serving. "Multifamily residence" shall be defined as a building or a group of buildings housing three (3)or more families, living independently of each other, a family being defined as one (1) or more person living as a single housekeeping unit or household sewer service being provided through not more than one (1) sewer connection. Common buildings in an apartment house complex requiring sewer service shall be charged as commercial buildings and that portion of buildings housing common laundry facilities shall be charged as laundries and Laundromats. "Recreational vehicle waste dumping station" is defined as a building or structure used for the dumping of sanitary sewer wastes from recreational vehicle holding tanks. Includes gray water from sinks and showers. (This excludes an individual collector installed by a homeowner for his/her own use.) "Residential care/boarding facility" is defined as a residential building or structure used for housing of persons requiring either long-term supervision and general care;or any type of dependency recovery. No additional charge shall be made for laundry or food and drink preparation and serving facilities included in the residential care/boarding facilities. "School" is defined as a building or group of buildings used for school purposes more than twelve(12) hours per week, involving assemblage for instruction, education, or recreation. Schools may be public or private. "Single-family residence" shall be defined as a building containing one(1) kitchen, designed and/or used to house not more than one(1) family, including all necessary employees of such family, such building having a single sewer service connection. Mobile homes occupying a separate Iot and providing permanent housing with a separate sewer connected shall be classified as a single-family residence. "Undefined buildings" and "undefined sewer use" are those not defined in subsection (a)(47) of this section. "Vehicle wash" is defined as a commercial building or structure used for washing vehicles. Self-service vehicle washes are coin-operated facilities serving the general public that require the customer to wash the vehicle. Full-service vehicle washes are facilities serving the general public, wherein the vehicle is washed for the customer, either automatically or by attendants. All other vehicle and parts washing or steam cleaning facilities that discharge to the sanitafy astewater system will be reviewed on a case-by-case basis. "Wet industrial" is defined as a building or structure housing industrial activities where the use of water and subsequent discharge to the sewer occurs in connection with an industrial process. Facilities with a discharge of two hundred thousand(200,000) gallons per day or greater are considered wet industrial. Other facilities that discharge less than two hundred thousand (200,000) gallons per day, and whose anticipated strength of the sewage to be generated from the facility is greater than domestic sewage strengths, may also be considered wet industrial. Those facilities will be reviewed on a case-by-case basis. The anticipated volume and strength of sewage from an average single-family residence shall be considered when calculating GFCs. (58) Additional loading or change of use is defined as an increased demand for wastewater treatment from an existing wet industrial building or structure. The additional loading may be the result of replacement or addition to an existing structure or facility, a change in use, or a fifteen(15)percent or greater increase above the permitted volume or character of the wastewater constituents being discharged. 55 Title 15 Amendments (69) ERUs shall be determined on the basis of the number of single-family residence equivalent units with the additional loading or the new use with credit being given for the number of single-family residence equivalent units of the original facility. No refund will be given if the change of use results in a decreased sewer loading. Any addition to an existing single-family residence which does not result in an additional dwelling will be exempt from additional charge. (7]0) The calculation for general facility charges for stormwater shall be based on the number of impervious hard surface units (IHSUs) as defined in BMC 15.01.020. The number of IHSUs charged shall be based on the total impervious area divided by the amount of impervious area in an IHSU. However, all single-family residential parcels as defined in BMC 15.01.020 shall be one (1) IHSU. For commercial developments, wherein the City requires that the development provide for onsite detention, the IHSUs charged shall be based on the number of acres (5.4 IHSUs per acre). ($11) For nen eityresidents, a14-All GFCs shall be assessed and paid at the time of execution of the utility-Ut_ •lite se Service agFeee et-Agreement 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. A deferral of fees may be approved by the Director at his or her discretion through a written agreement with the customer which includes any interest on the outstandingfees.ees_ , twenty five (25)pervent of all GFC-s shall be paid at the to rates and ether-fees, assessments, and ehar-ges established— fer utility Sefyiee., shall be paid at (b) Connection/Inspection Fee. A connection/inspection fee shall be charged for all service connections to the utility system. 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. The connection/inspection fee or deposit shall be assessed and paid at the time of execution of the utility service agreement. (c) Change in class of service or ERU assignment. When a change occurs which would place the customer in a different class of service or change the ERU assignment from that on which general facility charges have been paid, an additional general facility charge shall be charged. The additional fee shall be the difference between the general facility charge, calculated at the current rates, based on the current class of service and ERU assignment, and the general facility charge that has already been paid. _(d) Wastewater-Connection Ag o11Vctio1Ag A „t A wastewater Penneetion affeement may-be eenneetion ey-eeUtedbetween the-City of BreFfieften and a user who desir-es to obtain wastewater-serviee fef negotiated on a ease by ease will allew the user to make payffie 7 basis, 7 000) ever-a period of time r-anging f ...v, e a (1)tO fiVe (5) y0aFS. ZD (ed) Capital Reserves. The general facility fiends collected under this chapter shall be deposited in the utilities capital reserve fund and used only for utility system capital improvements. 55 Title 15 Amendments 15.06.025 SEWER CONSERVATION LOAN PROGRAM. (a) Property owners who meet the requirements of this section may qualify for a loan known as a sewer conservation loan pursuant to RCW 35.67.360. A sewer conservation loan under this section is a loan from the City to a property for all, or a portion, of the GFC established under BMC 15.06.020 and any inspection fees related to connection to the City's sewer-wastewater system. The principal amount of the loan authorized by this section shall not exceed the amount of the GFC, together with inspection fees. (b) In order for a property owner to qualify for a loan under this section, the property to which the connection is to be made must be: (1) Within the City's wastewater system; (2) A developed lot with an existing single-family home; and (3) Served by a septic system that has been designated as a failed septic system by the Kitsap Public Health District. (c) In order to qualify for a loan under this section,the property owner must: (l) Complete a sewer conservation loan application; (2) Pay the sewer conservation loan application fee; (3) Have no utility shut-offs within the thirty-six (36)months prior to the date of the sewer conservation loan application; (4) Execute a promissory note and deed of trust under the terms set out in this section; (5) Pay the recording fee to record the deed of trust; and (6) If outside City limits, agree not to protest any annexation petition that includes the property being connected to the City's sewer-wastewater system and grant the City a limited power of attorney to include consent to the annexation of said property as part of any notice of intent or petition for annexation presented to the City. (d) The terms of the loan shall be as follows: (1) The loan will be structured as a simple promissory note. (2) The term of the note shall not exceed five(5) years, commencing on the date the property owner executes the promissory note. (3) The note will bear interest at the rate which is based on the City's current investment yield at the time of the loan,plus a two (2)percent margin to cover administrative costs and interest rate fluctuations over the loan period. (4) The loan will be secured by a deed of trust, or such other instrument as may be acceptable to the City Finance Director and City Attorney. (5) The note shall provide for acceleration of the principal upon default in any payment. In the event of default, the City shall have all available remedies, including, but not limited to, foreclosure of its interest in the property, notification of credit bureaus, use of collection agencies, and terminating service. (6) Loan principal and interest charges will be amortized and billed by the City and due monthly. The monthly payment will be no lower than fifty dollars ($50.00). Appropriate penalties may be imposed by the City for delinquent accounts. (7) There shall be no penalty for prepayment. (8) The note will contain a due on sale clause which provides for payment in full of all outstanding principal and interest upon sale of the property. Loans shall be limited by available funds. The amount of available funds shall be at the discretion of the City Council and 57 Title 15 Amendments shall be determined periodically by City Council motion, resolution, or ordinance. All funds used for loan purposes shall be derived from operating revenues from the sale of sewer services. 15.06.030 RATES—WATER. (a) Retail Water Rates. A general retail water rate shall be assessed all users of the W water system. A property owner becomes a customer/user of the waters stem at the closing of the sale of the property and entering into an agreement by signing the utilitybilling owner/tenant change form. The retail rate shall be calculated on a periodic billing with a zero usage charge based on meter size and a commodity charge computed to the nearest HCF. (1) Sprinkler and Fire Protection Service. The Department shall levy a general fire service charge to users of the utility water system for fire service provided. The fire service rate shall be billed on a periodic billing and shall be based on the meter-assembly size installed. The ser-viee ehafge herein set fbAh shall be granted enly dur-ing sueh fifnes as there is no 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. (2) Temporary/Construction Water 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 established for temporary/construction water meters.-A deposit based on meter size shall be assessed for temporary/construction water meters The deposit may be retained by the City to recover damage, loss or any misuse of the water meter. Temporary/construction water meters shall be limited to six (6)month duration and may be renewed subject to approval by the department. The rate shall be calculated on a periodic billing with a minimum service charge based on the water meter size and a commodity charge computed to the nearest HCF. (b) Wholesale Water Service. The Department may sell water to water districts or other public agencies. Such service shall be through a metered wholesale water usage contract, under such terns 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. 15.06.040 RATES—WASTEWATER. (a) Retail Wastewater Rates. A general retail wastewater rate shall be assessed of all users of the UW4ty-wastewater system. A property owner becomes a customer/user of the wastewater system at the closing of the sale of the property and entering into an agreement by signing the utility billing owner/tenant change form The retail rate shall be calculated on a periodic billing with azero usage fixed fee service charge and a commodity charge computed to the nearest HCF. 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 metered amount of domestic water usage. Flows for summer usage for single-family, duplex, and multifamily"residential customers shall be determined based on the previous six (6)month average winter domestic water usage by the customer, provided the account was active for at least two (2)billing periods of the preceding six 58 Title 15 Amendments (6)months. The calculation period shall be determined by the Department based on usage and billing cycles. In no case shall this calculation for summer usage result in a volume less than two and one-half(2.5) HCF per month. In the event the customer is not connected to a publiewater sipplyCity water system that utilizes a 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. (b) Multiple Residential/Commercial Units on Single Water Meter. Any commercial account that has residential living units above the commercial business and/or multiple business suitesibuildings served by a single water meter will be assessed a monthly flat fee based on the total number of units at that location. The commercial account discharge strength will determine the sewer rate level. (c) Commercial or Industrial Out of Class Discharge. Any commercial or industrial account that is connected to the City of Bremet4en Wastewater system and the amount of wastewater discharged or the strength of the wastewater discharge for that property is different than those defined by the current billing rates will need to be assessed on an individual basis. The assessment will be determined and approved by the Department and a special billing rate will be established for that business. 15.06.050 RATES—STORMWATER. (a) Surface Drainage/Stormwater Rates. A general retail stormwater rate shall be assessed on all property ewner-s-within the City.heV Vnt L:Vute V er-benefit f-en the utility staFffiwateF system. Rates shall be determined by the approximate amount of impervious hard surface area of developed parcel, including publicly owned property and right-of-way. Impervious surface, measured in equivalent impervious hard surface units (IHSUs) shall be determined for each individually developed property, except single-family or duplex uses which shall be assigned the minimum rate. Payment of a surface drainage/stormwater rate does not ggaranty that property subject to the charges will always or at any time be free from stormwater flooding or flood damage or that stormwater systems capable of handling all stormwater events can be cost effectively, operated or maintained. (b) Improper Stormwater Inflow to Wastewater System. A rate shall be assessed on all property owners who have an improper stormwater discharge to the wastewater system pursuant to the Assessments, Rates, Fees and Charges Seshedule set forth in Chanter 15.06 BMC established for stormwater by City Council ordinance. Rates shall be based upon the approximate amount of impervious hard surface area of the property. The impervious surface area,measured in equivalent impervious hard surface units (IHSUs), shall be that used for the stormwater rates elsewhere in this chapter. Payment of the improper stormwater surcharge shall be terminated when the property has disconnected all sources of the improper stormwater inflow from the wastewater system. The service rate for maintaining an improper stormwater inflow connection to the wastewater system will be identified on the utility billing statement as "Stormwater Facilities Impact" fee. (c) Stormwater rate classes are as follows: (1) Residential. 59 Title 15 Amendments (i) Stormwater I. The basic stormwater service rate. (ii) Stormwater II. This rate consists of the basic stormwater fee, plus fifty(50) percent of the current stormwater fee as the "stormwater Facilities Impact" fee. This class may have a driveway drain of not more than four hundred (400) square feet of impervious surface draining into the astewater system and no other improper connection to the astewater system. (iii) Stormwater III. This rate consists of the basic stormwater fee, plus one hundred (100) percent of the current stormwater fee as the "Stormwater Facilities Impact" fee. This class has a driveway drain with more than four hundred(400) square feet of impervious surface draining into the &rwastewater system and/or more than one(1) improper connection to the wastewater system. (2) Commercial. (i) Commercial I Stormwater. The basic commercial stormwater fee. (ii) Commercial II Stormwater. The basic stormwater fee, plus fifty (50)percent of the current stormwater fee as the surcharge. This class may have no more than four hundred (400)square feet of impervious surface where stormwater runoff is collected by a roof drain, parking lot drain, driveway drain or any other device that conveys this runoff into the sa werwastewater system. This does not include stormwater runoff that is collected from under fueling station canopies since these areas are required to be connected to the sanitar- sewefwastewater system. However, roof runoff from the canopy is not allowed to be connected to the s astewater system. This class may not have more than one(1) improper connection to the saeerwastewater system. (iii) Commercial III Stormwater. The basic stormwater fee, plus one hundred(100)percent of the current stormwater fee as the "Stormwater Facilities Impact" fee. This class has more than four hundred (400) square feet of impervious surface where stormwater runoff is collected by a roof drain, parking lot drain, driveway drain or any other device that conveys this runoff into the sanitafy seweFIvastewater system. This does not include stormwater runoff that is collected from under fueling station canopies since these areas are required to be connected to the ETwastewater system. However, roof runoff from the canopy is not allowed to be connected to the aafwastewater system. (d) Rate Adjustments. Rate adjustments for water quantity and water quality pursuant to the 66lity RateAssessments Rates Fees and Charges set forth in Chapter 15.06 BMC Sehedule will be applied to all multi-family(three (3)or more units), commercial, and industrial development which provide for the installation of on-site water quality and quantity improvements which includes pervious surfaces or any other improvements that meet all item Developm Engineering Design and Construction Standards. Eligibility will require the treatment of stormwater discharges prior to entry into the utility stormwater system and the reduction of the amount of stormwater discharges into the utility stormwater system to an amount not to exceed two-tenths (0.2)cubic feet per second, CFS per acre based on a twenty-five (25) year storm. These amounts of discharge shall be segiegated into like customer classes based on their respective stormwater discharge quantity and/or discharge qualit. All new development will be required to install water quality and quantity improvements prior to connection to the stormwater system and will receive the rate adjustment upon successful completion of the installation. For purposes of the rate adjustment, the amounts of discharge shall be segregated into like customer classes based on their respective stormwater discharge quantity and/or discharge quLlity Application for building permits or fill/grade permits must 50 Title 15 Amendmenis low-income senior citizen rate, the individual shall meet the criteria established by RCW 74.38.070(2)(a). To qualify for the low-income disabled citizen rate, the individual shall meet the criteria established by RCW 6.19.010 or 74.18.020(4) and RCW 70.164.020(4). In order to remain eligible for these rates, the applicant shall be required to reapply each year with the Department. (et) Service Fee—Field. A service fee shall be charged for all service calls to the owner's premises. Service calls shall include, but not be limited to, turn-on/turn-off of water services as a result of delinquent payment of accounts, special needs requests for after-hours tum-on/turn-off of water for customer maintenance after hours utility location requests, and repeat service calls during normal work hours. The service fee shall be added to the regular utility bill. 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 to the regular utility bill. A fee shall be levied in the event it is necessary to remove and restore surface improvements, including but not limited to asphalt concrete and concrete streets and sidewalks, in order to install a service connection or other utility improvements. (dc) 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 service fee shall be added to the regular utility bill. (ed) Delinquency Charge. A delinquency charge of one(4)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. (€e) Cross-Connection Control Inspections. The Department shall charge a fee for 4he F-equifedfflfflual inspection,re-inspection, additional mail notices or door notices of backflow prevention devices of the eustemer-mq.e..+ the Ublit •to-- --F fffl siieh seFviee. The service fee shall be added to the regular utility bill. (g_0 Fire Hydrant Services. The Department may enter into agreements with owners of private fire systems for hydrant repairs and maintenance. (hg) Grinder Pump Surcharge. The Department may enter into agreements to service customers with individual grinder pumps. An individual service charge shall be assessed to the customer for the city's operation and maintenance of these pumps as set forth in Appendix " of this haptafCha ter 3.01 BMC. (h) Abatement Charges. All costs associated with the City's repair of private systems, including engineering, administration materials equipment labor, and contracted services Chapter 15.07 UTILITY BILLING 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. 62 Title 15 Amendments include standard stormwater quality and quantity improvement plans. If topography, soils, location or lot size make on-site detention impractical, new development may be permitted, but a penalty shall be assessed pursuant to the Utility RateAssessments, Rates, Fees, and Charges Seheduleset forth in Chapter 15.06 BMC if stormwater runoff from the developed property exceeds three-tenths(0.3)CFS per acre based on a twenty-five(25) year storm. The facts set forth in this subsection shall apply only if the on-site or other facility that has received an adjustment in its rates is maintained and operated in accord with any-Citythis Chapter and the Engineering Design and Construction standards 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. (e) Exempt Properties. (1) All parcels of property that are undeveloped. (2) All public rights-of-way. (f) Public School District Properties. Parcels owned or leased by public school districts which provide activities which directly benefit the surface and stormwater management program. The activities may include: curriculum specific to the issues and problems of surface and stormwater management and student activities in the community to expose students to the efforts required to restore, monitor, or enhance the surface and stormwater management system. Pursuant to RCW 35.92.021, the amount of the service charge shall be determined by the Director, based upon the cost of the activities to the school district,but not to exceed the value of the activity to the stormwater management program. Determination of which activities qualify for the stormwater management service charge reduction will be made by the Director. Reductions in stormwater management service charges will only be granted to school districts which provide programs that have been evaluated by the Director. The service charge adjustment for the school activity may be applied to any parcel in the stormwater system service area which is owned or operated by the school district. In order to remain eligible for the rates, the applicant shall be required to reapply every year and submit the request to the Department (g) Implementation Schedule for Annexed Properties. When annexed to the City, all multiple family and commercial properties with two (2) or more IHSUs will receive the rate adjustments described above per II_ISU for two (2) years from the date of annexation; provided, the property owner submits engineering plans and specifications for on-site stormwater quantity and quality improvements for their property within nine(9) months of annexation, and said plans are approved by the Department according to System Devalepmea�Enneering Design and Construction Standards. Failure to comply with any of the aforementioned provisions will result in these accounts being charged at the retail stormwater rate beginning ea&-two (�2) years from annexation. 15.06.060 MISCELLANEOUS FEES AND CHARGES. The Department shall set fees and charges to recover its administrative and operations expenses related to the services set forth herein. -(a) Automatics Clearing a.v,s.av (AC-14).a). v payment of their-ofility bill will be allewed a er-edit on eaeb bill. Suesh er-edit will eeniffieflee with the billing following appheatien and appFeval for-ACH- (ba) Low-Income Senior Citizens and Low-Income Disabled Citizens. Only single- -family residential accounts are eligible for the rates described in this-section. To qualify for the 61 Title IS Amendments 15.07.020 UTILITY SERVICE ACCOUNTS. The Department shall create a Utility Service Account upon receipt of an executed Utility Service Agreement or an executed Owner/Tenant Form as applicable. 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 for each service at the date of connection to or-use of he Utility system , njes modified w of each service to the property or the date of the closing of sale for a property. Billing for mandated wastewater service, as directed by the Health Officer or the DepaAme irector regardless of connection, shall commence sixty(60) days following written notice by the Health Officer or the date of connection whichever shall occur first. All Utili Billing forms will be available on the City of Bremerton website. Electronic sigpatures,will be accepted_for all Utility Billing online application submittals 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 another's use, he shall notify 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 diseen`in- outstanding fees and charges to the account. Where a water service has been inactive. fef mer-e than five (5) years and a property meter pulled, house removed, or the house has been vacant for more than one hundred eighty 180 days and the 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 evmer-'s expenseno, cost to the owner. 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. Where the sewer lateral has been 1) capped and the house removed or 2)the sewer account has been inactive for more than one hundred eighty(180) days, the sewer lateral will be videoed by the City. If the video in the opinion of the Director, shows that the sewer is in P-ood condition then the sewer can be reactivated If the video indicates that the sewer lateral in the opinion of the Director, is defective then the new sewer lateral will be required and shall be replaced at the expense of the owner. 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. Payments received on each service account shall be applied in the following priority to the outstanding account balances: abatement chanes, fees, administrative charges, stormwater impact fee, stormwater charges, wastewater 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. 63 Title 15 Amendin ents A utility bill which remains unpaid after the due date shall be classified as a delinquent account and shall be subject to delinquent charges. 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 if applicable, 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 iffespeetive irre ardless of the use of the duplicate billing procedures or their request to send the statement to their tenant or agent. 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 tfansfer-shall be fflade at!be time efthe Y'NVdate billing of the nt and the p m__ewfieF _Lail .The property owner shall receive a statement of the charges to be paid and the transfer shall be made at the time of the due date of the regular billingof f the account. 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 Department of any change in the agent's status. 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 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. When 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 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. 64 Title 15 Amendments If payment is not received within 48 hours following final notice, the service to the premises shall be terminated. 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. 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. 15.07.110 ADJUSTMENTS. In the event of excessive registration of the water meters caused by broken or leaking water service pipes lines upon the premises of any customer, without knowledge or fault of the customer, an adjustment may be requested upon written application within a thirty(30) day period of receipt of the billing in question. After theAll repairs must be completed aad *ice)-satisfactorily s and with documentation of satisfactory repair. For all repairs completed within sixty(60)days after notification of the leak, reduction in fees-cha�sh*9 beare 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. If the customer fails to make repairs within the sixty(60) days after the notification of the leak the Department will not make any adjustments to the customer's account for any of the excessive water or sewer usage. If a customer disputes an adjustment, an appeal may be filed as set forth herein. 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. The adjustment may be for a period up to three (3) years. 65 Title 15 Amendments 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 anrearages current on water usage for said premises. Chapter 15.08 APPEALS 15.08.010 APPEALS–PUBLIC WORKS AND UTILITY DEPARTMENT. A property owner, tenant or developer("customer") shall have the right to appeal matters dealing with utility accounting, billing and service termination. In the case of termination of service, an appeal shall be filed in writing with the Public Works and Utility Department("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 thirty(30) days affirming or reversing its decision or requesting additional information for adjudication of the complaint. 15.08.020 APPEAL–ADMINISTRATIVE HEARING EXAMINER. Any customer aggrieved by the Department's decision after a written complaint has been denied by the Department under BMC 15.08.010 may, within fourteen (14) calendar days from the date that the Department's decision was mailed to the customer, appeal such denial or revocation by filing a written notice of appeal setting forth the grounds therefor with the Administrative Hearing Examiner pursuant to Chapter 2.13 BMC. A filing fee as set forth in Chapter 3.01 BMC shall be submitted with the appeal, which filing fee is required to process the appeal. The hearing shall be conducted in accordance with the procedures for hearing contested cases set out in Chapter 2.13 BMC. After the hearing thereon, the Administrative Hearing Examiner shall, after appropriate findings of fact and conclusions of law, affirm,modify, or overrule the Department's decision, and may impose any terms thereupon. The decision of the Administrative Hearing Examiner shall be final. The customer and/or the City may seek review of the decision by the Superior Court of Washington in and for Kitsap County within twenty-one (21)calendar days from the date of the decision. SECTION 2. Severability. If anyone or more sections, subsections, or sentences of this Ordinance are held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portion of this Ordinance and the same shall remain in full force and effect. SECTION3. Effective Date. This ordinance shall take effect and be in force ten (10)days from and after its passage, approval and publication as provided by law. /- r PASSED by the City Council the ��G�-h day of J ti nei , 2014 �� GREG W ELER, Council President 66 is : . - Title 15 Amendments Approved this Z3!—may of JV l/1 , 2014 PATTY L ayor ATTEST: APPROVED AS TO FORM: SHANNON CORIN, City Clerk RO ER A. LUBOVICH, City Attorne PUBLISHED the Jam' day Of jorp—) , 2014 EFFECTIVE the day of �,� , 2014 ORDINANCE NO. Sasy ::\Legal\Legal\Ordinances\Public Works&Utilities\Titte 15 updates 2014\Title 15(2014)-Final.docx 67 Title 15 Amendments AFFIDAVIT OF PUBLICATION Account#42742 AD#20141637 STATE OF WASHINGTON COUNTY OF KITSAP I,Tricia Kirby,being first duly sworn on oath,deposes and says: That she is now,and at all times embraced in the publication herein mentioned was the principal clerk of the printers and publishers of KITSAP SUN;that said newspaper has been approved as a legal newspaper by order of the Superior Court of the County of Kitsap,in which County it is published and is now and has been for more than six months prior to the date of the publication hereinafter referred to,published in the English language continually as a daily newspaper in Bremerton, Kitsap County,Washington,a weekly newspaper in Kitsap County, Washington and is now and during all of said time, was printed in an office maintained in the aforesaid place of publication of said newspaper;that the following is a true text of an advertisement as it was published in regular issues(and not in supplement form)of said newspaper on the following date,to wit: And on June 25,2014 such newspaper was regularly distributed to its subscribers during all of said period. The fuii amount of the fee charged for uie foregoing pubiicatiOn is the sunt of$34.74.This ann unt Lab uui been paid in full. 'Ali tl*- (Signature of Principal Clerk) Subscribed and sworn to before me this day of June 30,2014. 1Q Notary Public in and for the State of Washington,Kitsap County. NOTARY PUBLIC STATE OF WASHINGTON CHRISTY M MOFFITT My Appointment Expires July OS,2016 ORDINANCE NO.5250 AN ORDINANCE of the City Council of the City of Bremerton,Washington,amending Title 15 of the Bremerton Municipal Code entitled"Municipal Utilities." PASSED by the City Council on the 16th day of June,2014. The full text of this ordinance is available from the City Clerk's Office,345 Sixth Street,Suite 600, Bremerton,WA 98337. June 25,2014 AD#20141637