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.
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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
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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":
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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.
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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
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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. -
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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"
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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.
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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.
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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.
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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 .
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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.
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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
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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.
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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.
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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