Chapter 13.20   SEWER USE REGULATIONS

Sections:


13.20.010   Definitions.

As used in this chapter, the following definitions shall be applicable:

A.

"BOD" means biochemical oxygen demand, a parameter of organic strength of water or wastewater, determined by measuring the amount of oxygen utilized during microbial decomposition.

B.

"cfs" means cubic feet per second.

C.

"Coliform" means bacterial organisms found in the digestive tract of warm blooded animals.

D.

"DOE" means the State Department of Ecology.

E.

"Domestic flow" refers to wastewater from residential uses.

F.

"EPA" means the US Environmental Protection Agency.

G.

"gpd" means gallons per day.

H.

"lb/day" means pounds per day.

I.

"mgd" means million gallons per day (flow).

J.

"mg/l" means milligrams per liter, a unit of the concentration of water or wastewater constituent. It is 0.001 grams of the constituent in one thousand milliliters of water. It has replaced the unit formerly used commonly, parts per million, to which it is approximately equivalent, in reporting the results of water and wastewater analysis.

K.

"pH" refers to the negative log of the hydrogen ion concentration. It is a measure of the relative acidic or basic content of a liquid. pH ranges from one to fourteen; one being the highest acid content and fourteen the basic content. A pH of seven is a neutral solution.

L.

"ppm" means parts per million. The number of weight or volume units of a minor constituent present with each one million units of the major constituent of a solution or mixture. Formerly used to express the results of most water and wastewater analyses, but more recently replaced by the ratio milligrams per liter.

M.

"Sanitary sewer" and "public sewer" mean a pipeline (eight inches in diameter and larger) designed to carry domestic and industrial wastes which run from manhole to manhole, and in some cases from cleanout to manhole, but does not include side sewers.

N.

"Sewer extension" refers to the extension of the sanitary sewer not including side sewers which can be connected to the extended sewer.

O.

"Side sewers," "connecting sewer" and "service connection" mean the pipeline (usually four inches or six inches in diameter) that carries domestic and industrial waste from a building or residence to the sewer line (usually connecting directly into the sewer pipe between manholes via side sewer tees).

P.

"Storm sewers" means a pipeline designed to carry surface water and ground water which can discharge to a drainage way or stream.

(Ord. 250 § 1, 1981)

13.20.020   Sewer connections required—Use of sewer.

A.

The owner of each lot or parcel of real property within the city limits served by the sanitary sewerage disposal system of the city as it is constructed and as it may be improved or extended in the future, upon which such lot or parcel of real property there is situated any building or structure for human occupation or use for any purpose, shall, within thirty days from receipt of written notice from the city clerk-treasurer mailed to the owners of the premises at the street address of the premises (or to the address to which real estate tax statements are mailed as disclosed in the records of the office of the county treasurer), cause a connection to be made between the sewerage system in each such building or structure; provided, where one building is located at the rear of another on the same lot and the building in the rear has no frontage on an alley or street in which a sewer is located, the building sewer from the front buildings may be extended to the rear building and the whole considered as one building sewer provided a cleanout is constructed to the ground surface beyond the connection from the rear building. No existing septic tanks are to be connected into the collection system. Abandoned septic tanks are to be bypassed and backfilled or removed.

B.

No building, house or other structure for which sewer connection shall have been made mandatory by this chapter, shall hereinafter be occupied, resided in, nor shall any business be operated therefrom unless and until the building, house or structure has been connected to the city's sanitary sewerage system and its owner or occupier has paid all connection charges to the city in accord with the provisions of this chapter.

(Ord. 264 § 1, 1982: Ord. 250 § 2, 1981)

13.20.030   Area to be served.

The lot or parcel of real property within the city limits shall be considered to be within the area to be served if the sanitary sewer is in any street, alley or other access which is directly adjacent to the property, or within three hundred feet of the property.

(Ord. 250 § 3, 1981)

13.20.040   Failure to connect.

In the event that property within the area to be connected to the sewer, as defined in this chapter, has not been connected within the time allotted by Section 13.20.020, the city council shall direct the owner of the premises to connect to the sewers. If the connection is not made promptly, as determined by the council, the property owner shall be subject to the penalties described in Sections 13.20.170 and 13.20.180 of this chapter.

(Ord. 283 § 1, 1983: Ord. 250 § 4, 1981)

13.20.050   Water and wastewater discharge restrictions.

A.

No person or business firm shall discharge or cause to be discharged any stormwater, surface water or ground water including roof runoff and foundation drainage to any sanitary sewer. Storm water and all other unpolluted drainage shall be discharged to drainage ways or to sewers which are specifically designated as storm sewers as approved by the city council.

B.

Except as provided in this section, no person shall discharge or cause to be discharged any of the following described waters or wastes to any public sewer:

1.

Any liquid or vapor having a temperature so high as to inhibit biological activity or increase the wastewater treatment influent temperature higher than 40° C. (104° F.);

2.

Any water or waste which may contain more than fifty parts per million, by weight, or fat, oil or grease;

3.

Any gasoline, benzene, naphtha, fuel oil, or any other materials that may create a fire or explosive hazard;

4.

Any garbage that has not been properly shredded;

5.

Any ashes, cinders, sand, mud, straw, shavings, metal, glass, rags, feathers, tar, plastics, wood, paunch manure or any other solid or viscous substance capable of causing obstruction to the flow in sewers or other interference with the proper operation of the sewage works;

6.

Any waters or wastes having a pH lower than five or higher than nine or having any other corrosive property capable of causing damage or hazard to structures, equipment and personnel of the wastewater collection and treatment system;

7.

Any waters or wastes containing a toxic or poisonous substance, or any compounds or metals on EPA's list of priority pollutants, in sufficient quantity to:

a.

Damage or interfere with any sewage treatment process,

b.

Constitute a hazard to humans, animals or vegetation,

c.

Create any violation of water quality standards in the receiving waters,

d.

Accumulate in receiving wetland sediment over the life of the treatment system in concentrations to constitute a future hazard to humans, animals or vegetation,

e.

Create a violation of regulations for disposal of sludge by land spreading;

8.

Any waters or wastes containing any pollutant (including biochemical oxygen demand and suspended solids) in volume or strength to cause unit process upset at the wastewater treatment plant or violation of the NPDES permit;

9.

Any noxious or malodorous gas or substance capable of creating a public nuisance;

10.

Septic tank sewage, except for sewage from approved tanks within the city limits.

(Ord. 250 § 5, 1981)

13.20.055   Enforcement of unlawful connections.

A.

Upon the city's determination that an unlawful connection to the city's sanitary sewer system has been made in violation of Section 13.20.050(A), the city shall promptly notify the property owner in writing that he shall disconnect such unlawful connection within thirty days of the date of said written notice. Said notice shall also direct the property owner to notify the city at least twenty-four hours in advance of the unlawful connection's removal in order to allow for inspection by city officials. The city shall post such notice in a conspicuous place on the premises on which the unlawful connection has been made. In addition, the city shall mail the notice by both first class mail and by certified mail, return receipt requested, to the occupant of the premises and, if a different person, to the real property owner of record, as shown on the King County tax rolls. The date that said notice will be deemed to have been given for purposes of computing the thirty-day period shall be the later of the day on which the notice is posted or the third day following deposit of the notice in the U.S. mails.

B.

If the unlawful connection is not removed within the time specified in the notice, then the property owner shall be charged a fee of five hundred dollars. Such charge shall be for the city's investigation, testing and inspection of the unlawful connection necessitated thereby. In addition to the investigation, testing and inspection charge, the owner shall reimburse the city for its actual costs to protect, correct or repair the city's sewerage facilities occasioned by the unlawful connection. All fees and charges authorized by this subsection shall be a lien against the premises on which the unlawful connection was made, which lien shall be superior to all other liens and encumbrances except general taxes and local and special assessments. Said lien may be enforced according the procedure established in RCW 35.67.210 through RCW 35.67.280. As an additional and concurrent method of enforcing said lien, the city may cut off water service to the premises on which the unlawful connection was made, in accordance with the procedure established in Section 13.04.300. Once water service is properly terminated, it shall not be restored to the premises until all delinquent fees and charges and a turn-on charge in the amount set forth in the city's consolidated list of fees, as authorized in Section 2.62.010, are paid in full to the city clerk/treasurer.

C.

Failure to remove the unlawful connection within the time specified in the notice shall constitute a gross misdemeanor.

(Ord. 609 § 1, 1997)

13.20.060   Wastewater pretreatment requirements.

Any person or business firm violating any provision of Section 13.20.050 or being in violation of any provision of Section 13.20.050 upon connection to the sewer shall, upon recommendation of the city utility superintendent and directive by the city council, be required to construct and operate at the individual's or firm's own expense a wastewater treatment facility and/or equalization basin capable of removing and/or decreasing the strength or quantity of the restricted waters or wastes prior to discharge to the sewer. At the time the directive to pretreat is issued, the city council shall set limitations on the discharge of restricted waters and wastes to the city sewers as to volume, waste strength (BOD and suspended solids), and maximum concentrations on other restricted parameters.

(Ord. 250 § 6, 1981)

13.20.070   Connection permit.

A.

It shall be unlawful for any persons to make any opening in any sewer or drain or connect any private sewer to city sewer or service connection without complying with all of the provisions of this chapter, and obtaining a connection permit from the city to make such connection or opening. The sewer connection charges called for in Section 13.20.080 shall be collected by the city clerk-treasurer prior to issuance of any connection permit.

B.

In order to obtain a permit, the property owner or his designated agent shall file an application stating the name of the owner or occupant of the premises to be connected, the number of buildings thereon, and the purposes for which they are to be occupied, together with plans and specifications showing the course and depth of the drain from the connection with the public sewer to its terminus within the building and premises, which plans and specifications shall be made in duplicate and presented at the time of application. The city building inspector shall examine the plans and may change or modify the same and designate the manner and route from which the connecting sewer shall be connected with the building and places where such connections with the public sewer shall be made, and specify the material and size of such connecting sewer in accordance with Section 13.20.100, and shall endorse his approval on such plans and specifications originally prepared, or as modified and changed, and retain one copy thereof in the office of the city clerk-treasurer or such other place as the council may designate. Upon presentation of the plans so approved by the city building inspector, the city clerk-treasurer shall issue the permit, which permit shall contain or have attached to it the other copy of the approved plans and specifications; and it shall be unlawful for any person to extend any private sewer or drain beyond the limits of the building or property for which a permit has been given.

(Ord. 250 § 7, 1981)

13.20.080   Sewer connection and reserve capacity capital charges.

A.

The following connection charges shall be assessed and paid at the time of application for a permit to connect to the city's sanitary sewer system:

1.

Single-Family Residential: Fourteen cents per square foot of lot area with a minimum charge of one thousand six hundred dollars and a maximum charge of two thousand two hundred fifty dollars.

2.

Multi-Family Residential: Fourteen cents per square foot of lot area with a minimum charge of one thousand eight hundred dollars and a maximum charge of two thousand five hundred dollars, plus an additional charge of five hundred dollars per dwelling unit.

3.

Commercial, Industrial and Public Buildings: Fifty cents per square foot of lot area with a minimum charge of two thousand two hundred fifty dollars and a maximum charge of four thousand dollars, plus an additional five hundred dollars for each set of bathrooms.

4.

Recreational Vehicle Connections: Fifty dollars plus the cost of inspection by city staff as set forth in the city's fee schedule. Unit must be equipped with a locking device provided by the applicant and approved by the public works supervisor.

B.

An individual connection charge will be assessed for each individual home, apartment, condominium, mobile home or other living unit discharging to the sewer, and for each individual business or institution discharging to the sewer.

(Ord. 680 § 1, 1999: Ord. 250 § 8, 1981)

13.20.090   Side sewer charges.

Except for houses in existence (at least the foundation in place and approved) before final completion of wastewater facilities, the owner of any property abutting a street, alley or easement wherein there is a sewer line or wherein a line has been designated to be constructed and the sewer line falls within the area limited by the projection of the side property lines and service connection has not yet been provided may order a sewer lateral to be constructed from the main line to the property line upon payment of the sewer lateral charges. All sewer lateral charges will be equal to the actual cost to the city, on a time and materials basis, of constructing the lateral line, with a minimum charge of three hundred dollars. The sewer lateral charge will be collected in return for providing a side sewer line to the property line in the location designated by the city building inspector. In the event that one sewer lateral is constructed to serve more than one property ownership, the minimum sewer lateral charge will still be assessed to each property served. All sewer laterals within the street right of way or easement will be constructed by the city or its duly designated agent.

(Ord. 250 § 10, 1981)

13.20.100   Method of connection.

All connections to public sewers and all abandonment of existing wastewater disposal facilities shall be made in a workmanlike manner in accordance with Section 13.20.150 and in accordance with any special instructions from the city building inspector.

(Ord. 250 § 10, 1981)

13.20.110   Inspection and approval by city building inspector.

All work done in pursuance of any connection or extension permit granted as prescribed in this chapter, shall be under the inspection and subject to the approval and acceptance of the city building inspector or an authorized representative. Inspection fees shall be assessed in accordance with the most recent city building inspection fee schedule. The grade, materials and manner of construction of any sewer or drain built under permit shall be in accordance with Section 13.20.150. Upon acceptance of the work the city building inspector shall issue a "Notice of Approval and Acceptance of Sewer Connection," with one copy to the property owner or designated agent as authorization to backfill and use the connection, one copy to the city clerk-treasurer to initiate billing for sewer use, and one copy for the file.

(Ord. 250 § 11, 1981)

13.20.120   Excavations.

A.

All excavations made by any permittee adjacent to or abutting any street, alley, avenue or other public place shall be guarded both night and day by a display of proper signals and lights.

B.

At the time of application for permit, the applicant shall satisfy the city of the applicant's or his duly authorized agent's ability to indemnify the city and the applicant or agent shall be liable personally for all accidents and damages caused by the failure of the applicant or agent to comply with this section. Liability coverage in the amount of fifty thousand dollars (or as amended from time to time by action of the city council) shall be deemed to be sufficient indemnification to the city.

(Ord. 250 § 12, 1981)

13.20.130   Delay in work.

All work adjacent to or abutting any street or public place must be prosecuted to completion with due diligence, and if, within the judgment of the city utility superintendent any excavation is left open beyond a reasonable time he shall cause the same to be refilled forthwith without notice, and any costs incurred in such work, or for correcting work improperly done by the permittee shall be charged to the permittee.

(Ord. 250 § 13, 1981)

13.20.140   Right of access to inspect—Order to comply.

The city utility superintendent or an authorized representative shall have the right to enter at all reasonable times upon any lands, buildings or premises required by this chapter to be connected to the sanitary sewer system to disconnect the source or sources of storm water, ground water or surface water from the sanitary sewer or to ascertain whether the provisions of this chapter have been, or are being complied with, and if they shall find that such lands, buildings or premises connections or disconnections do not conform to the provisions of this chapter, to notify the owner or his agent of the fact. It shall thereupon be the duty of the owner or agent to cause alterations, repairs or reconstruction of items not meeting provisions of this chapter and to make them conform to these provisions within fifteen days from the time of receiving such notice.

(Ord. 250 § 14, 1981)

13.20.150   Sewerage facilities design criteria.

A.

All sewer extensions, side sewers, pump stations and other collection and transport facilities for the sewer system shall comply with the "Criteria for Sewage Works Design," State of Washington Department of Ecology, February 1978, latest updated version, and the Uniform Plumbing Code as adopted by the city. Plans for sewer extensions shall be certified by a professional engineer registered in the state and shall be submitted to:

Department of Ecology
4350 150th Avenue Northeast
Redmond, Washington 98052

and

City of Black Diamond
P.O. Box D
Black Diamond, Washington 98010 to be checked for compliance. DOE letter or stamp signifying the sewer extension plans comply with the DOE criteria must be submitted to the city prior to approval of the sewer extension.

B.

The owner's engineer shall inspect and certify to the city clerk-treasurer that the work has been done and completed per drawings and specifications.

C.

City personnel shall be present during testing of sanitary sewers.

(Ord. 533 § 1 (part), 1995; Ord. 250 § 15, 1981)

13.20.160   Sewer extension permit.

This section pertains to extension of the sewer line other than side sewers. The owner must make application for a permit to extend city sewer facilities. A permit shall be issued upon approval of sewer extension plans and specifications by the utility superintendent subsequent to DOE approval, as provided for in Section 13.20.150. All side sewer connections to the sewer extension shall be handled according to the various applicable sections of this chapter.

(Ord. 533 § 2, 1995: Ord. 250 § 16, 1981)

13.20.170   Charges—Liens.

All charges levied by and specified within this chapter, including but not limited to, the base connection charge and the side sewer and reserve capacity capital charges, shall be paid promptly. Charges which are delinquent for a period of time to be specified by the city council shall, together any penalties added thereto and interest thereon at the rate of ten percent per year, be a lien against the property upon which the service was received, subject only to the lien for general taxes.

(Ord. 250 § 17, 1981)

13.20.180   Violation—Penalty.

Any person who violates or fails to comply with any provisions of this chapter shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine of three hundred dollars initially and increasing by ten percent daily thereafter up to a maximum allowed by law or until compliance with this chapter is achieved, or by imprisonment for a term up to thirty days, or by both fine and imprisonment. Court costs will also be assessed to any person convicted of violating this chapter.

(Ord. 250 § 18, 1981)