HomeMy WebLinkAbout5376 ORDINANCE NO. 5376
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 entitled " Municipal Utilities " to update the provisions of Chapter 15.01 entitled
"General Provisions", Chapter 15.02 entitled "Water", Chapter 15.04 entitled "Stormwater",
Chapter 15.05 entitled "Fats, Oils and Grease", Chapter 15.06 entitled "Assessments, Rates, Fees
and Charges", Chapter 15.07 entitled"Utility Billing", and Chapter 15.08 entitled "Appeals",
and to make related changes;NOW THEREFORE,
THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON,
DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. Chapter 15.01 of the Bremerton Municipal Code entitled "General
Provisions" is hereby amended to read as follows:
Chapter 15.01
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
nonresidents the City agrees to serve. It is the City's policy to provide sufficient revenue from
those served through the assessments, rates, fees, and charges set forth in Chapter 15.06 BMC to
support the costs of operation, capitalization and debt service of the municipal utilities.
Municipal utilities shall include potable 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 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 an active water meter in place and/or
active rate codes as applicable.current usage, billing and payment activity.
"Active water service" shall mean that the water meter for the service line at locationthe
location has is functional.registered consumption.
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"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,.
aticIRCW 90.48.520 and WAC 173-218-030.
"As-graded" shall mean the extent of surface conditions on completion of grading.
"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.
(b) Definitions "B":
"Backflow" shall mean the flow of water or other liquids in the reverse direction, or flow
• of 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 backflowflow in the reverse direction.
"Best management practices (BMPs)" means the schedules of activities, prohibitions of
practices, maintenance procedures, and structural and/or managerial practices that, when used
singly or in combination, prevent or reduce the release of pollutants and other adverse impacts to
waters of Washington State.
"BOD (biochemical oxygen demand)" means an indirect measure of the concentration of
biologically degradable materials present in organic wastes. The amount of free oxygen utilized
by aerobic organisms when allowed to attack the organic material in an aerobically maintained
environment at a specified temperature (twenty (20) degrees centigrade) for a specific time
period (five (5) days), and thus stated as BOD5. It is expressed in milligrams of oxygen utilized
per liter of liquid waste volume (mg/L) or in milligrams of oxygen per kilogram of waste
solution (mg/kg=ppm=parts per million parts). Also called "biological oxygen demand."
"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":
"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.
"City" means City of Bremerton.
"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.
"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/L.
"Commercial II" 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.
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"Commercial III" 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 IV" shall mean any user whose business or nonresidential wastewater
discharge whose total suspended solids and biochemical oxygen demand ranges from six
hundred one (601) to eight hundred (800) mg/L.
"Commercial V" shall mean any user whose business or nonresidential wastewater
discharge whose total suspended solids and biochemical oxygen demand ranges from eight
hundred one (801)to one thousand (1,000) mg/L.
"Commercial VI" shall mean any user whose business or nonresidential wastewater
discharge whose total suspended solids and biochemical oxygen demand ranges from one
thousand one(1,001)to one thousand two hundred(1,200) mg/L.
"Commercial VII" shall mean any user whose business or nonresidential wastewater
discharge whose total suspended solids and biochemical oxygen demand ranges from one
thousand two hundred and one (1,201)to one thousand eight hundred(1,800) mg/L.
"Commercial account with high conductivity" shall mean an account that discharges
conductivity greater than (>) 6.0 mS/cm for any interval equal to or exceeding five (5)minutes
three (3)times during any thirty (30) day period. The account will be billed the commercial
special rate as published in the City of Bremerton utility rates and fee schedule.
"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 trade.
An activity ceases to be considered commercial agriculture when the area on which it is
conducted is proposed for conversion to a nonagricultural use or has lain idle for more than five
(5) years, unless the idle land is registered in a federal or state soil conservation program, or
unless the activity is maintenance of 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 and the number of residential
units.
"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
one thousand eight hundred (1,800) mg/L and/or has a conductivity discharge greater than (>)
6.0 mS/cm. 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.
"Conductivity" shall mean the measurement of electrical conductivity as an indicator of
water quality. Conductivity data can determine concentration of solutions, detect contaminants
and determine the purity of water. A conductivity sensor measures conductivity by AC voltage
applied to nickel electrodes. These electrodes are placed in a water sample (or other liquid),
where the current flows through the electrodes and the sample. Current level has a direct
relationship with the conductivity of the solution. The basic unit of conductivity is the Siemens
(S), sometimes referred to as mho. Since cell geometry affects conductivity values, standardized
measurements are expressed in specific conductivity units (S/cm)to compensate for variations in
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electrode dimensions. Conductivity measurements, along with temperature, also allow for
salinity values to be calculated through algorithms.
"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 the City water system
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 City water system 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 cross connections.
"Cubic feet (CF)" shall mean cubic feet of measure.
(d) Definitions "D":
"Deactivated meters" shall mean utility accounts where the customer requests the water
meter 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 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, unless otherwise
identified.
"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 new development and/or redevelopment activity that
requires federal, state, or local approval for the use or modification of land or its resources.
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
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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, unless otherwise identified.
"Driveway drain" shall mean a drain typically located below street grade at the bottom of
a sloped driveway.
"Duplex" shall mean a residential unit containing two (2) separate dwelling units with
any configuration or two (2) dwelling units located on one (1) 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.
"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 title, "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 and wastewater service based on the
addition in number of services, or increase in size in water meter(s) serving the customer_,the
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increase in wastewater service based on equivalent residential units or the increase in stormwater
service based on impervious/hard surface units.
"Extended mainline" shall mean a privately financed water, wastewater or stormwater
main constructed with the written approval of the Director_or their designee.
(1) 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 Kitsap County Department of
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(4) separate dwelling units with
any configuration or four(4) dwelling units located on one (1) parcel.
(g) 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.
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"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 interceptor" means an interceptor of at least seven hundred fifty (;250) 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 removal unit" means a device designed to separate fats, oils, and grease from
liquid waste prior to the wastewater entering the wastewater system.
"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 and grasses with a trunk or
stem size less than four(4) 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.
"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.
(i) Definitions "I":
"Illicit connection" means any manmade conveyance that is connected to the stormwater
system without 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.
"Impervious/hard surface unit(IHSU) (ISU)" 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.
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"Improved premises" shall mean any area which has been altered such that the runoff
from the site is greater than runoff prior to development.
"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, shutoff for nonpayment, requested deactivation or the water meter has been
removed for nonusage.
"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.
"Infiltration (stormwater)" shall mean the downward movement of water from the surface
to the subsoil.
"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.
(j) Reserved.
(k) Reserved.
(1) Definitions "L":
"Lakes" shall mean natural or artificial bodies of water of two (2) or more acres and/or
where the deepest part of the basin at low water exceeds two (2) 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 sc = " — : •: - _ _ ___ • • _- - . .
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":
"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 wastewater system.
"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:
(1) Owned or operated by the City of Bremerton;
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(2) Designed or used for collecting or conveying stormwater; and
(3) Not part of a publicly owned treatment works (POTW) and not a combined
sewer.
(n) Definitions "N":
"Native growth protection easement (NGPE)" shall mean an easement granted for the
protection of native vegetation within a sensitive area or its associated buffer. The NGPE shall be
recorded on the appropriate documents of title and filed with the Kitsap County Assessor's
Office.
"Natural location" shall mean the location of those channels, swales, and other
nonmanmade conveyance systems as defined by the first documented topographic contours
existing for the subject property, either from maps or photographs, or such other means as
appropriate. In the case of outwash soils with relatively flat terrain, no natural location of surface
discharge may exist.
"New development" shall mean land disturbing activities, including Class IV - general
forest practices that are conversions from timber land to other uses; structural development,
including construction or installation of a building or other structure; creation of hard surfaces;
and subdivision, short subdivision and binding site plans, as defined and applied in Chapter
58.17 RCW. Projects meeting the definition of redevelopment shall not be considered new
development.
"Nonpolar(mineral origin)" means any water or waste which contains more than one
hundred (100)parts per million (1,000,000) by weight of fat, oil or grease as measured using
analytical procedures established in 40 CFR Part 136.
"Nonstormwater 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 "0":
"Occupied property" shall mean real property on which a structure exists that is being
served and being billed by an existing or temporary utility servicefacility.
"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 permitee's MS4 and enters a surface receiving water body or surface
receiving waters. 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 a piece of land, usually a division
of a larger area.
"Parking lot drain" shall mean any drain or catch basin that collects stormwater runoff
located within the confines of a parking lot such as those in pay parking lots, apartment
complexes, shopping centers, etc.
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"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.
"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,
gravel pave, or other forms of structural 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).
"Pre-treatment" shall mean any physical, chemical or biological process to remove,
neutralize or modify one (1) or more constituents of a waste stream prior to discharge into the
public sewers. Pre-treatment may be required to prevent deposition or adherence of substance
within the public sewers; to eliminate hazardous exposures of maintenance crews or the public to
toxic, noxious or flammable substances; to prevent cumulative or shock loadings that might
interfere with the normal performance of treatment processes; to remove substances that are
present in sufficient concentration to interfere with the advantageous use of treated sewage
sludge as an agricultural fertilizer or soil amendment.
"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(PUCA)" 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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(q) Reserved.
(r) Definitions "R":
"Redevelopment" means conversion of an existing development to another land use, or
addition of a material improvement to an existing development.
"Reimbursement agreement" shall mean an agreement entered into between the installer
of a utility facility and the Department City 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.
"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.
"Service line" shall mean a water service line constructed between the water main and
the right-of-way or easement line in accordance with current Engineering Design and
Construction Standards.
"Sewer lateral" shall mean a sanitary sewer constructed between the sanitary sewer main
and the right-of-way or easement line in accordance with current Engineering Design and
Construction Standards.
"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.
"Single-metered building" shall mean a building with more than one unit where the
utility account is measured through a single water meter and provides service to all units and/or
common areas.
"Site" shall mean the portion of a piece of property which is directly subject to
development.
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"Slope" shall mean the inclination of a surface expressed in a ratio of horizontal run to
p
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) degree slope being vertical (maximum) and forty-five (45) degrees
being a 1:1 or one hundred (100) percent slope.
"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 Manual" shall mean the manuals adopted in BMC 15.04.020.
"Stormwater system" shall mean all facilities for collecting, transporting,pumping,
treating and discharging stormwater.
"Sump pump" shall mean a pump that conveys ground water or stormwater runoff away
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.
"SWMMWW" shall mean the current version of the Washington State Department of
Ecology's Stormwater Management Manual for Western Washington.
(t) 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.
"Triplex" shall mean a multifamily residential unit containing three (3) separate dwelling
units with any configuration or three (3) dwelling units located on one (1) 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.
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"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.
(v) Definitions "V":
"Verified strength" shall mean any wastewater discharge that exceeds the strength limits
of the Commercial I through VII classes as defined in this section, or who desires to be charged
for wastewater service on the basis of its specific discharge rather than average class strength.
(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 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.
"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 adapted for life in saturated soil conditions. Wetlands generally include
swamps, marshes, bogs, and similar areas.
15.01.030 UTILITY SERVICE AGREEMENT.
(a) Each customer of the utility and any person requesting utility service from the City
for water,wastewater, or stormwater shall be required to make application and enter into a utility
service agreement. Agreements shall be executed prior to connection to the utility system or
activation of the account.
(b) The 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 designated agent and shall be filed
with the City before building permit issuance.No partial utility service agreement will be issued
or approved; all services requested will be listed on the application. The applicant shall pay all
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general facility charges (GFCs) and installation and inspection fees for the utility services, as
herein provided, before building permit issuance prior to making any water, sewer, or storm
service connection. The building permit will not be issued until all of the applicable City fees are
paid. Any request for deferment shall be in accordance with Bremerton Municipal Code Chapter
15.06.
(c) The applicant shall pay the general facility charges (GFC)prior to final building
inspection of the facility for which the utility service is provided. The final building inspection
will not be conducted until all GFCs are paid (water, wastewater, stormwater).
(sic) The utility service agreement and/or the utility billing owner/tenant change form
for service shall constitute a contract between the applicant and the City in which the applicant
agrees to pay for service provided at the rate and in the manner specified.
(ed) The agreement shall be effective at the time it is signed by the Director and
charges for service to the premises shall be assessed from date of connection.
(€e) Customers may request written quotes from the Depart City for the fees,
assessments and charges for utility service. Such quotes are valid for ninety (90) days from the
date of the quote, or until the end of the calendar year, whichever is sooner.
(gf) 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 customer may request an extension prior to the expiration of the one hundred
eighty(180) days. The customer's request must be in writing and must explain the basis for the
extension. The Director can authorize one (1)one hundred eighty(180) day extension at his or
her discretion, based upon a determination that such extension is justified based on the facts. If
the agreement becomes invalid as provided herein, all fees paid to the City for utility services
shall remain with the City unless the customer requests a refund 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
those costs may be deducted from the eighty percent (80%) refunded to the customer.A customer
can request in writing a refund of their Utility Service Agreement stating the reason for the
request. When the request is received the Director will prorate the amount of refund based on the
work performed to date, including consideration of any payments made to third parties in
reliance on the utility service agreement.
15.01.040 CONDITIONS OF SERVICE - RETAIL.
(a) Access. The Department City 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 CityDepartment
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 CityDepartment to charge fees and enforce
penalties or discontinue water service after notice as set forth in BMC 15.07.080 for delinquent
(water, wastewater, stormwater) accounts.
(b) Interruption/Failure of Service. The CityDepartment 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
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the Department orCity 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 CityDepartment or in any way relieve
the consumer from performing the obligations of his contract.
15.01.050 CONDITION OF SERVICE - CONTRACT.
The Dept-City 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 CityDepaiztment and approved by the City Council.
15.01.060 PENALTY FOR FALSE INFORMATION.
The conveyance to the CityDepartment 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.
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 City to construct public system improvements. The Department City shall review the
petition, and, subject to the utility system plan and engineering and economic feasibility,
authorize construction of improvements. When completed and accepted by the CityDepartment
in writing, and upon receiving final payment,the improvements shall become part of the utility's
system and shall be conveyed to the City by deed of conveyance prior to service.
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 charges, connection fees, and any
other applicable fees established under this title.
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15.01.090 PUBLIC UTILITY CONSTRUCTION AGREEMENT.
A permit shall be required by the Department City for all projects, alterations, repairs, or
connections to the utility system. These activities include, but are not limited to, activities
associated with the installation of new utility systems to be constructed by others and conveyed
to the Department City 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 City with fees established by the
assessment, rates, fees, and charges set forth in Chapter 15.06 BMC.
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 City 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
system.
(c) Reimbursement from each benefiting property owner shall be determined by the
Department City 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 constructing the 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 program and forward the remainder of the payment to the property owner
who originally constructed the water, wastewater, or stormwater system improvement.
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 11.12.080(b).
15.01.120 BONDING.
The Department City shall require a performance bond/deposit and warranty
bond/deposit for all utility work in accordance with BMC 11.02.220.
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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:
(a) Develop and adopt procedures as needed to implement this code and to carry out the
responsibilities of the 13efhai4mentCity.
(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.
(f) Amend, interpret, and allow deviations from the Engineering and Design
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 design
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
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 approving the deviation request.
(g) Apply for grants to conduct transportation improvements.
SECTION 2. Chapter 15.02 of the Bremerton Municipal Code entitled "Water"
is hereby amended to read as follows:
CHAPTER 15.02
WATER
15.02.010 PURPOSE.
This chapter establishes availability, conditions of service, system improvement
requirements, and the operation and maintenance of the water system.
15.02.020 WATER SYSTEM PLAN.
A water system plan shall be developed by the Department City as required by WAC
246-290-100. The plan shall be approved by the Mayor, adopted by the City Council, and
administered by the Director.
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15.02.030 SERVICE AVAILABILITY.
Water service is considered available if the property is situated within the water service
area defined in the water system plan and is adjacent to the water system; and further provided
that:
(a) The water system has the capacity and facilities to accommodate the additional
demand, or the property is part of a water system local improvement district or utility local
improvement district and has been assessed for water improvements.
(b) The connection is consistent with the water system plan.
(c) The connection is approved and permitted by the DepartmentCity.
(d) The connection is in compliance with applicable federal, state, and local rules,
regulations and codes.
Any customer or potential customer within the water service area and not adjacent to the
water system may be connected to the water system subject to meeting the above requirements
and establishing a local improvement district, utility local improvement district, or entering into
a public 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.
Property that is outside existing City limits shall be permitted water service only upon
entering into an 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
presented to the City of Bremerton;
(b) 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;
(d) Consistency with the adopted city water system plan and Engineering Design and
Construction Standards for new developments.
15.02.050 WATER SYSTEMS/ENGINEERING DESIGN AND
CONSTRUCTION STANDARDS - GENERAL.
All water mains and appurtenances shall be installed by the Department City or a
contractor licensed in accordance with the provisions of this chapter in compliance with the
Engineering Design and Construction Standards, and local, state and federal regulations. All
water 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 served.
No connection shall be made to new water mains until all acceptance documentation has
been received and approved by the Depai4RientCity. Required documentation includes record
drawings, deeds of conveyance, easement(s) and any warranty bond(s).
The Department City may, at its option,require installation of water mains larger than the
minimum sizes specified in the Engineering Design and Construction Standards to provide for
adequate future capacity within the water system. The City may authorize the entering into a cost
sharing agreement to contribute to the cost for larger mains or other improvements based upon
the water system plan.
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15.02.060 ABANDONMENT OF PRIVATE SYSTEMS.
Upon completion of a new water main, owners of premises adjacent to or within two
hundred fifty(250) feet of the main, who are being supplied with City water service through a
private system or have a connection to a private service, shall make application for a new utility
service agreement and shall 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 the owner's expense, install a pump or pump
system to furnish supply pressure, which shall be approved by the DepartmentCity. The
Department City approval shall be based on the protection of the safety and integrity of the 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 eighty(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.
15.02.080 HYDRANTS.
All fire hydrants shall be installed by the Department-City or a licensed contractor in
compliance with the Engineering 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 marshal and Bremerton Fire Marshal. All fire
hydrants situated on private property for public use and to be maintained by the Department City
will require access at all times for operation and maintenance and the dedication of an easement
to the City prior to acceptance by the DepartmentCity. All fire hydrants located on private
property for private use shall be connected to the utility system by a Double Check Valve
Assembly or a Reduced Pressure Backflow Assembly. the metered system. Such hydrants shall
not be maintained by the Department-City 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. 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.
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.
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15.02.100 SERVICE CONNECTIONS.
(a) All service connections shall be installed by the Dept-City in accordance with
the Engineering Design and Construction Standards.
The service connections shall be extended at right angles from the water system to the
property line and installed within the right-of-way not to exceed forty (40) feet from the main.
The water service line within the public right-of-way 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 water system.
(c) To service property which does not abut on a public right-of-way in which there is a
water main, the Department City 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 water 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 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.
(e) When a single parcel of land having more than one (1) residential structure served
by a single water meter is subdivided, the installation of 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 service(s) will be filed
prior to the approval of subdivision. The new service(s)will be subject to all fees including
general facility charges.
(f) 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 Construction 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 (1) water service
serves more than one (1) premises, each and every building or trailer, when connected to one (1)
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 City may require or allow additional service connections when
such additional service connections are in the best interest of the utility.
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15.02.110 CONNECTION SIZE.
The size of each water service and tap shall be determined in accordance with the latest
version of the Uniform Plumbing Code and the American Water Works Association (AWWA)
guidance on sizing water service lines and meters, except that standby fire-protection services
shall be sized based on fire-flow requirements determined by the Fire Marshall.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 AWWA guidance on sizing water service lines and meters, except that
standby fire-protection services shall be sized based on fire-flow requirements determined by the
Fire MarshallFire Safety Code.
15.02.130 BACKFLOW/CROSS-CONNECTION CONTROL AND
INSPECTION.
Service from the water system may be contingent upon the installation of an approved
backflow prevention assembly for the protection of the water system from actual or potential
cross connections.
The Department City shall require annual testing and inspection of all backflow
assemblies within its system to ensure proper function of assemblies and the level of protection
is commensurate with the degree of actual or potential hazard to the water system. The
Department City shall notify property owners in writing thirty (30) days prior to the due date of
their annual test/inspection. It shall be the responsibility of the property owner to provide the
Department City a satisfactory test/inspection report completed by a Washington State certified
backflow assembly tester within thirty (30) days of written notification.
In the event the Department City does not receive a satisfactory test report within thirty
(30) days of written notification, the Department City will contact a certified tester to test the
assembly, and the cost of the test, any necessary repairs, and an administration fee will be added
to the customer's next utility bill. The customer may be assessed additional charges to their bill
to cover costs for time, expenses, and other related costs incurred by the Department City if
reasonable access is not granted to the tester to test the assembly.
The Department City shall inspect backflow assemblies for proper installation and
protection commensurate with the degree of hazard, subject to a service fee.
Any actual or potential cross connection, without the appropriate backflow protection,
now in existence or hereafter discovered or created, shall be declared a prohibited act and shall
be enforced accordingly. The elimination or protection from an actual or potential cross
connection shall be in accordance with WAC 246-290-490. Water service shall be discontinued
to any property for failure to comply with the provisions of this portion of the code.
15.02.140 WATER SYSTEM OPERATION AND MAINTENANCE -
GENERAL.
The City 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 City shall not be responsible for
servicing private systems beyond its meters, or for public systems purchasing water under a
wholesale contract unless otherwise agreed.
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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, any expense incurred by the City to abate such conditions 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.
15.02.145 PROHIBITING FLUORIDATION.
The water system 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 Depa4ment-City 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 City will make a reasonable attempt to provide
notice of such emergency using appropriate methods of communication, setting forth any
limitations on the use of the water 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 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.
(a) Authority. The Director shall have the authority to declare various stages of water
emergencies and to implement the provisions of the Bremerton water shortage contingency 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
City the authority to make inspections at any reasonable time if the men City 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 City by this code, provided the Department City 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
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and remedies which may be available under law, this code, and regulations and procedures
adopted hereunder. Any expense incurred by the water utility to abate 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.
15.02.180 METER OPERATION AND MAINTENANCE.
The Department City 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. A written test report will be made. If the test discloses an over registration error by
more than three percent (3%) in the meter registry, the excess of the consumption on the three (3)
previous readings shall be credited to the customer's utility account. In the 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 (3) readings shall be billed to the customer's utility
account. For meter tests in excess of one (1) within a twelve (12) 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 premises, 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 property owner. Failure on the part of the property
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 following:
(a) Tampering. It shall be unlawful for any person, unless duly authorized by the
DepartmentCity, to disturb, repair, interfere with, or damage any water source, water main, pipe,
machinery, tools, meters, hydrant, or any building, improvement, or other appurtenances
belonging to, connected with, or under the control of the DepartmentCity.
(b) Contamination. It shall be unlawful for any person to contaminate, bathe in, or fish
in any water system 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
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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 the water
system 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 that property.
(f) Trespass in Closed Watershed. It shall be unlawful for any person to enter or remain
on City properties posted as restricted property and facility lands without authorization by the
Mayor or the Director.
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).
SECTION 3. Chapter 15.04 of the Bremerton Municipal Code entitled
"Stormwater" is hereby amended to read as follows:
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 system.
15.04.015 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 chapter. The Director shall have the
authority to:
(a) Develop and adopt procedures as needed to implement this code and to carry out
the responsibilities of the City.
(b) Request the assistance of other City departments to administer and enforce this
Code.
(c) Act as final authority for requests for variance from requirements of this chapter.
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(d) Amend, interpret and allow deviations from the City of Bremerton design and
construction standards (engineering standards) when the Director finds that said reasons are in
the best interest of the community.
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 for the hydrologic analysis and
design of stormwater infrastructure not covered by the SWMMWW;
(c) Low Impact Development Technical Guidance Manual for Puget Sound(LID
Manual) by Washington State University and Puget Sound Partnership; and
(d) Engineering Design and Construction Standards.
Where referenced and adopted manuals are in conflict, the SWMMWW shall govern.
15.04.030 DEFINITIONS.
In addition to definitions set forth in BMC 15.01.020, the definitions below and those set
forth in the manuals adopted in BMC 15.04.020 are hereby incorporated. Where definitions
provided below conflict with the manual, the definitions below shall prevail.
In the context of stormwater management, if definitions in this section conflict with
definitions in BMC 15.01.020 or other BMC chapters, the definitions set forth in this section
shall prevail.
"Bioretention" (also referred to as "bioswale" in other chapters of the BMC) means
engineered facilities that store and treat stormwater by passing it through a specified soil profile,
and either retain or detain the treated stormwater for flow attenuation. Refer to Chapter 7 of
Volume V of the Stormwater Manual in BMC 15.04.020 for bioretention BMP types and design
specifications.
"Drainage basin" shall mean an area from which runoff water collects to be discharged
into a stream or other body of water.
"Dry season" shall mean the months of May 1st through September 30th.
"Low impact development best management practices (LID BMPs)" shall mean
distributed stormwater management practices, integrated into a project design, that emphasize
predisturbance hydrologic processes of infiltration, filtration, storage, evaporation and
transpiration. LID BMPs include, but are not limited to,bioretention/rain gardens, permeable
pavements, roof downspout controls, dispersion, soil quality and depth, minimal excavation
foundations, vegetated roofs, and water re-use.
"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.
"Low impact development(LID) principles" means land use management strategies that
emphasize conservation, use of on-site natural features, and site planning to minimize
impervious surfaces, native vegetation loss, and stormwater runoff.
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"Maintenance covenant" means a covenant running with the land pursuant to RCW
89.12.060, which shall bind every person having any interest in the property and the stormwater
controls, and shall be binding upon and inure to the benefit and burden of the owner, and their
respective heirs, successors and assigns, in a format provided by the City. The covenant shall
identify stormwater system ownership, responsibility, and liability for the operation,
maintenance and reporting for the stormwater system, facility, or LID BMPs and protect them
from conversion or elimination in perpetuity. It shall be recorded with the Kitsap County
Assessor's Office.
"Maintenance schedule" means a document detailing required stormwater facility
maintenance activities to be performed at specified intervals.
"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.
"Operation and Maintenance Manual" means a written manual that provides a description
of operation and maintenance procedures for specific stormwater control facilities, for use by
operation and maintenance personnel.
"Owner" means any person or persons having a legal or equitable property right or
interest, whether or not said right is legal or equitable in character, including a fee owner,
contract purchaser or seller, mortgagor or mortgagee, optionor or optionee, and beneficiary or
grantor of a trust or deed of trust.
"Sub-basin" shall mean a drainage area that drains to a watercourse or water body which
is contained within a basin.
"Stormwater Manual" shall mean the manuals adopted in BMC 15.04.020.
"Wet season" shall mean the months of October 1st through April 30th.
15.04.040 STORMWATER COMPREHENSIVE PLAN.
A stormwater comprehensive plan shall be developed by the Department City 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.
15.04.050 STORMWATER MANAGEMENT PROGRAM (SWMP).
A stormwater management program plan shall be administered by the City 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.
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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 City 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 Depagment-City may, at its option,
require installation of stormwater mains larger than the minimum size specified in the
Engineering Design and Construction Standards to provide for adequate capacity within the
stormwater system. The Department City 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.
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.
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(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 SWMMWW and additional guidance is provided in the LID
Manual.
(d) The menu of LID BMPs identified in the SWMMWW 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 SWMMWW 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. The service connections and stormwater lateral shall be
extended at right angles from the stormwater mainsystett to the property line and shall be owned
and maintained by the property owner. During improvements to a site where the existing
stormwater connection does not meet current Engineering Design and Construction Standards,
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 chapter.
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 and
will be subject to abatement under BMC 15.04.140. Constructed facilities shall not be removed.
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15.04.130 STORM DRAINAGE SAMPLING STATIONS.
When required by the DepartmentCity, the property owner shall install and maintain at
their expense a storm drainage sampling station downstream from the private stormwater
drainage facilities to facilitate observation, sampling, and measurement of surface drainage and
stormwater flows prior to discharge into the stormwater system. The storm drainage sampling
station shall be located as approved by the Depaft-ment-City and constructed in accordance with
Engineering Design and Construction Standards.
15.04.140 ABATEMENT OF NONCONFORMING,UNAUTHORIZED OR
UNSAFE CONDITIONS.
The Department City 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 City the authority to make inspections at any reasonable time if the
Department City 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
condition exists. The Director may enter onto such property to inspect conditions or to perform
any duties imposed upon the Department City by this code,provided the Department City shall
first make reasonable efforts to contact the owner or person responsible for such property.
The Department City 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. 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.
15.04.150 STORMWATER SYSTEM OPERATION AND MAINTENANCE -
GENERAL.
The Department City shall be responsible for the operation, maintenance and repair of the
stormwater mainssystem and catch basins appurtenances under its jurisdiction which are and
located within the public right-of-way, dedicated utility easements and City owned property. The
Department City shall not be responsible for servicing private systems connected to the City's
stormwater system, except as provided in this chapter.
When maintenance, repair, or replacement of the City'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 any related 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, the approved permits, and/or in
accordance with the current Engineering Design and Construction Standards.
(b) Maintenance of Private Stormwater Facilities.
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(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, the approved permits, and/or in accordance with the current
Engineering Design and Construction Standards 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.
(2) All new development and redevelopment that installs or expands existing
stormwater infrastructure, treatment and/or quantity control shall submit a maintenance covenant
and maintenance plans that will run with the property,their heirs and assigns. The covenant shall
include a site plan with details of all components used in the system such as pipes, catch basins,
LID BMPs, and green stormwater infrastructure; the covenant shall identify parties responsible
and liable for the operation and maintenance of said facilities. The maintenance plan shall
include all system components, features, maintenance schedules and reporting requirements.
Upon acceptance, the covenant shall be recorded with Kitsap County Auditor's Office.
(3) A maintenance covenant shall be recorded for rain gardens, or other green
stormwater infrastructure (GSI) installed on private property with Bremerton Utilities financial
assistance. The property owner accepts responsibility to maintain and operate the feature as
defined in the covenant unless released by the City through a recorded instrument filed with
Kitsap County Assessor's Office.
(4) A maintenance and inspection report for stormwater systems shall be submitted
annually to the Director by February 28th of each year to document maintenance of stormwater
facilities for the preceding year. The report shall contain: the date maintenance and/or inspection
tasks were completed and a summary of stormwater facilities including catch basins, LID BMPs,
quantity and quality features.
(5) 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 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.
(6) When an inspection identifies an exceedance of the maintenance standard or a
nonconforming, unauthorized condition, maintenance/repair shall be performed in accordance
with the following schedule:
(i) Within thirty (30) days for typical maintenance of facilities.
(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.
The Department City 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 City 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.
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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 new utility service agreement shall be required if any existing stormwater connection does not
meet the current Engineering Design and Construction Standards. Prior to entering into a new
utility service agreement, the stormwater connection shall be videoed and approved by the
Director for re-use. 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.
It shall be unlawful for any person to violate the following:
(a) Tampering. It shall be unlawful for any person, unless duly authorized by the
DepartmentCity,to disturb, interfere with, or damage any stormwater facilities, including pipes,
machinery, tools, buildings, improvements, or other appurtenances belonging to, connected with,
or under the control of the DepaftmentCity.
(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:
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;
Decant water;
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;
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Recreational vehicle waste;
Sewage;
Silt, sediment, concrete, cement, slurry 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. In accordance with the Western Washington Phase II
Municipal Stormwater Permit,The-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 ground water:
Air conditioning condensation;
Discharges from emergency firefighting 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.
(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 ground water:
(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 dechlorinated to a concentration of 0.1 ppm or less, pH-adjusted, if necessary
and in volumes and velocities controlled to prevent resuspension 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) Dechlorinated swimming pool/hot tub discharges. These discharges shall be
dechlorinated to a concentration of 0.1 ppm or less, pH-adjusted and reoxygenized if necessary,
volumetrically and velocity controlled to prevent resuspension of sediments in the stormwater
system. Discharges shall be thermally controlled to prevent an increase in temperature of the
receiving water. Swimming pool /hot tub wastewater and filter backwash shall not be discharged
to 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,-and catch basin inserts designed
to treat and/or filter wash water prior to entry into the stormwater mains are installed. At active
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construction sites, street sweeping must be performed prior to washing the streetand catch basin
inserts designed to treat and/or filter wash water prior to entry into the stormwater mains must
be installed
(5) Nonstormwater 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 nonstormwater 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.
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
system 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.
(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.
33
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
to BMC 1.12.020, Penalties.
SECTION4. Chapter 15.05 of the Bremerton Municipal Code entitled "Fats,
Oils and Grease" is hereby amended by amending Section 15.05.050 entitled "Standards" to read
as follows:
15.05.050 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 latest 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
based on DFU's (Drainage Fixture Unit). one thousand five hundred(1,500) gallons unless
approved by the Director. 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 the Engineering
Design 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 wastewater system and the
connection to the wastewater 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 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 City to monitor and test the discharge
for compliance with City requirements or to allow monitoring and testing in accordance with the
34
rules and regulations of other federal, state or local agency having governmental or contractual
jurisdiction within the wastewater system.
(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 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 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 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 minute
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 the Engineering 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 wastewater system and the connection
to the wastewater system. Such fixtures shall include sinks, drains and other fixtures for food
35
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.
(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.
(8) Grease traps shall be considered out of compliance if the total volume of grease
and solids displaces more than twenty-five percent(25%) 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 wastewater system or any
portion of the stormwater 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.
SECTION S. Chapter 15.06 of the Bremerton Municipal Code entitled
"Assessments, Rates, Fees and Charges" is hereby amended by amending Section 15.06.020
entitled "Service Connection and Expansion Fees and Charges"to read as follows:
15.06.020 SERVICE CONNECTION AND EXPANSION FEES AND CHARGES.
(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 stormwater). Existing approved
connections for water and wastewater within the system shall be considered to have paid their
proportionate share of the GFC for existing use. Surface area impact for stormwater as of
October 7, 2004, shall also be considered to have paid their proportionate share of GFC for
existing use.
(2) The utility GFCs shall be adjusted annually as set forth in BMC 15.06.015 in
addition to any other adjustments that may be made by the City Council. GFCs shall not vest.
Any vesting requirements set forth in the Bremerton Municipal Code, including, but not limited
to. BMC 20.12.170, do not apply to utility GFCs. GFCs shall be paid at the current rate in effect
at the time payment is made.
(3) Parcels and/or facilities which have had utility services but have been
inactive can request to have the inactive account 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. All appropriate GFCs (water/wastewater/stormwater) will
need to be paid to reactivate the services.
(4) 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 pay all applicable
assessments, rates, fees, and charges.
(5) Utility services are considered to be present if a water service or a sewer
lateral is physically in place and historically served that parcel. Parcels that have utility services
36
currently present,but their facilities have been removed and new facilities constructed, will not
have to pay additional GFCs, unless the meter size is increased.
(6) Change of meter size for the parcel and/or facility, or change of IHSU,
which is a reduction in GFCs will not be refunded or credited.
(7) Change of meter size for the parcel and/or facility which is an increase of
GFCs will require the customer to pay for the additional GFCs before work is performed.
Similarly, an increase in surface area impact for stormwater shall require the customer to pay the
net increase in IHSU before work is performed.
(8) The calculation of the GFC for stormwater shall be based on the total
number of IHSUs added to the parcels.
(9) The calculation of the GFC for water shall be based on the meter size to be
installed for a new or expanded water service.
(10) The calculation of the GFC for wastewater shall be based on the meter size
to be installed for the new or expanded water service.
(11) The calculation of GFCs for stormwater shall be based on the number of
impervious/hard surface units (IHSUs) as defined in BMC 15.01.020. However, all single-family
residential parcels as defined in BMC 15.01.020 shall be one (1) IHSU.
(12) All GFCs shall be assessed and paid at the time of execution of the utility
service agreement,;—prior to occupancy of the new or expanded parcel and/or facilitiesmaking
any water, sewer, or storm service connection, and shall be in addition to rates and other fees,
assessments, and charges established for utility service. Payment of GFC fees for improvements
common to multiple parcels on a plat may be proportionally allocated among those parcels with
payment deferred as approved by the Director at his or her discretion through a written
agreement with the customer. Any deferment shall be in a written agreement recorded on the
current GFC in effect at the time of payment, as set forth in BMC 15.06.015, as well as any
outstanding recording fees and other fees and costs related to the deferral agreement.
(13) Payment of GFC fees for improvements common to multiple parcels on a
plat may be proportionally allocated among those parcels with payment deferred as approved by
the Director at his or her discretion through a written agreement with the customer. Any
deferment shall be in a written agreement recorded on the property. The agreement shall require
that all deferred GFCs and related fees and costs be paid prior to issuance of building permits. In
consideration for the deferral, the customer shall pay the current GFC in effect at the time of
payment, as set forth in BMC 15.06.015, as well as any outstanding recording fees and other fees
and costs related to the deferral agreement.
(eb) 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 shall be paid at the time of execution of the utility service
agreement,ef-prior to making any water, sewer, or storm service connectionbef re building
permit issuance, whichever occurs sooner.
(dc) Capital Reserves. The general facility funds collected under this chapter shall be
deposited in the Utilities Capital Reserve Fund and used only for utility system capital
improvements.
37
SECTION 6. Chapter 15.07 of the Bremerton Municipal Code entitled "Utility
Billing" is hereby amended to read as follows:
CHAPTER 15.07
UTILITY BILLING
15.07.010 PURPOSE.
The provisionsordinances codified in this chapter provide for the establishment of a
CityDepartment billing and receipting system for the reimbursement of the costs of providing
utility service.
The CityDepartment 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.
Utility billing shall be processed and administered by the Department of Financial
Services.
15.07.020 UTILITY SERVICE ACCOUNTS.
The CityOepartffiefft 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.
Owners of a single water metered building shall be the bill payer responsible for all
charges to the account.
Billing for utility services shall commence for each service at the date of connection 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 District local Health
Officialef or the Director regardless of connection, shall commence sixty (60) days following
written notice by the Health District local Health Officialef or the date of connection, whichever
shall occur first.
All utility billing forms will be available on the City of Bremerton website. Electronic
signatures will be accepted for all utility billing online application submittals.
When it benefits the utility to do so and at the discretion of the Public Works and Utilities
Director of Financial Services, or designeeDirector, a credit may be authorized for a utility
customer not to exceed fifty dollars ($50.00) per year per account. A credit in excess of this
amount requires City Council approval by motion or resolution.
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 utility billing in
writing on the forms provided.
The CityDepartment, upon payment of a service fee, will activate or discontinue service
or prorate the customer bill for partial billing periods upon the request of the owner.
Reconnection of service will require payment for all outstanding fees and charges to the
account.
Where a water service has been inactive, 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, if the service has been vacant for
38
five (5) years or longer, a flow test will be required to evaluate the service to determine if
adequate flow is currently available. The CityDepartment will perform the flow test at no 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
CityDepartment 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 good condition then the sewer can be
reactivated. If the video indicates that the sewer lateral, in the opinion of the CityDirector, 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 CityDepartment 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 charges, 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.
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 irregardlessregardless 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 CityDepartment, direct automatic transfer of funds from a designated
account at a financial institution to the CityPepaftfneftt for payment of utility service. 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 billing of 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 City. The owner shall be responsible for notifying the
CityDepartment of any change in the agent's status.
15.07.080 DELINQUENT ACCOUNTS.
The CityPepaftnient 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
39
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.
Failure to receive a billing statement does not relieve the utility account from receiving
charges or penalties.
When an account becomes delinquent, the CityDepartment 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 CityDepart-ffrent, and the rights of the
property owner to dispute the proposed termination.
The CityDepartment 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.
Prior to the shut off during the 48 hour notice the tenant can request to continue service
by paying the current charges on the account.
If payment is not received within forty-eight (48) hours following final notice, the service
to the premises shall be terminated.
15.07.085 TAMPERING WITH WATER SERVICE AFTER TERMINATION.
A tampering fee shall be assessed to the account of any person that turns on a water
service without authorization after it has been shut off by the City. Further incidents of tampering
will cause the account to be assessed at twice the tampering fee for each additional occurrence.
After any person has tampered in three consecutive occurrences, the City shall disable the
water service in such a manner that there is a physical disconnection of the water service from
the city water main. The account shall be charged a disabling fee for the cost to disconnect the
service line. The fee shall include the total cost of labor, material, equipment and any
administrative or overhead charges.
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 CityDepartment 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.
40
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 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. All repairs must be completed satisfactorily and with
documentation of satisfactory repair. For all repairs completed within sixty(60) days after
notification of the leak, reduction in charges are limited to one-half of the excess water billing
and the entire excess sewer billing as determined by the CityDepartment 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 CityDepartment 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 CityDepartment. The adjustment may be for a period up to three (3) years.
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 theyhe shall first file a written request and pay all
arrearages current on water usage for said premises.
SECTION 7. Chapter 15.08 of the Bremerton Municipal Code entitled
"Appeals" is hereby amended to read as follows:
CHAPTER 15.08
APPEALS
15.08.010 APPEALS - ' . E - • ! . • ! . DEPARTMENT OF
FINANCIAL SERVICES.
A property owner, tenant or developer("customer") shall have the right to appeal matters
dealing with utilityaccounting, billing and service termination.
In the case of termination of service, an appeal shall be filed in writing with the Public
Works and UtilityDepartment of Financial Services ("Department")within fourteen (14) days of
41
the notice of termination. All other complaints shall be filed within thirty(30) days of notice of
the action appealed.
The CityDepa#ment 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 City'sDepartment'J decision after a written complaint has
been denied by the CityDepaftmeRt under BMC 15.08.010 may,within fourteen (14) calendar
days from the date that the CityDepartment'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 CityDepaftment'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 8. Corrections. The City Clerk and codifiers of this ordinance are
authorized to make necessary corrections to this ordinance including, but not limited to, the
correction of scrivener, clerical, typographical, and spelling errors,references, ordinance
numbering, section/subsection numbers and any references thereto.
SECTION 9. Severability. If any one 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.
SECTION 10. 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.
PASSED by the City Council the l S I it day of ii: "AI AL- , 2019.
ERIC OUNG'1' Council sident
Approved this ego^ day of 5 Qr.tw%\0.42(' , 2019.
,)AiA
GREG ELER, Mayor
42
ATTEST: APPROVED AS TO FORM:
it" 141,0 dip .2111111111 _
A GEL WOODS, City Clerk ROGER A. LUBOVICH, City s • : -
PUBLISHED the ADM day of r' , 2019.
EFFECTIVE the oirh day of tuber' , 2019.
ORDINANCE NO. 5.33 (_p
R:\Legal\Legal\Ordinances\Public Works& 15 Updates 2019\Title 15-Municipal Utilities-9-5-19.docx
43
Kitsa •?•?. un
PART OF THE USA TODAY NETWORK`. o••
PROOF OF PUBLICATION
CITY OF BREMERTON,
WASHINGTON
ORDINANCE NO. 5376
AN ORDINANCE of the
City Council of the City of
CITY OF BREMERTON EN GINEERING Bremerton, Washington,
amending Title 15 of the
345 6TH STREET STE 100 Bremerton Municipal Code
entitled "Municipal Utilit-
ies"
BREMERTON,WA 98337 PASSED by the City
Council on the 18th day of
September,2019.
STATE OF WISCONSIN,COUNTY OF BROWN The full text of this ordi-
nance is available from the
City Clerk's Office, 345
I,being first duly sworn on oath,deposes and says:That I Sixth Street, Suite 100, Bre-
merton,WA
am now,and at all times embraced in the publication 2019 9833#.
Sept.20, #3801098
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 the 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 6
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 the 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(s),to wit:And on
September 20,2019
such newspaper was regularly distributed to its
subscribers during all of said period
Subscribed and sworn to before on September 20,2019
Legal lerk
("." V/t2
Notary,State of , ounty of: o n
My commission expires
NANCY HEYRMAN
Publication Cost: $72.16 Notary Public
Ad No:0003801098 State of Wisconsin
Customer No: 1240752
PO#: