1683 - Ordinance - Repealing Ordinance No. 1663 Private Water and Sewer SystemsRepealed by Ordinance 1707
Date: 12-22-97
ORDINANCE NO. 1683
AN ORDINANCE OF THE CITY OF PORT ORCHARD,
WASHINGTON REPEALING ORDINANCES NO. 1663 (POMC
13.04 and 13.08) AND ESTABLISHING REGULATIONS
PROVIDING FOR THE CONTROL, MANAGEMENT,
MAINTENANCE AND USE OF PUBLIC AND PRIVATE WATER
AND SEWER SYSTEMS AND PROVIDING RATES FOR
CONNECTION AND USE OF SUCH SYSTEMS.
THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON
DOES ORDAIN AS FOLLOWS:
SECTION 1: That upon the effective date of this ordinance, Ordinance No.
1663 is hereby repealed.
SECTION 2: EFFECTIVE DATE. That this ordinance shall be in effective
commencing August 1, 1997 and the following bimonthly water and sewer rates per month
are established for the classification of users indicated below within the city limits, such rates
shall be charged beginning August 1, 1997.
SECTION 3: BIMONTHLY WATER RATES. Water rates are based on a
monthly rate and are billed on a bimonthly schedule. The water rates, as calculated
bimonthly, are shown below:
(1) BASIC CHARGE (cost for the first 5,000 gallons bimonthly)
SIZE OF SERVICE
3/4"
1"
1 1/2"
2"
3"
4"
6"
8"
10"
BIMONTHLY RATE
14.00
15.00
18.00
21.00
27.00
39.00
57.00
81.00
105.00
(2) CONSUMPTION CHARGE (cost above basic consumption)
RATE 1 0 to 5,000 gallons
RATE 2 5,000-100,000 gallons
RATE 3 In excess of 100,000 gallons
Basic Charge
RATE 1
plus $ 1.50/1,000 gal
RATE 1 plus RATE 2
plus $1.60/1,000 gal
(3) FIRE HYDRANT SERVICE
Schools
Private Service
(4) TEMPORARY CONSTRUCTION
One Day Service
Ordinance No. 1683
Page 2 of 14
$ 9.00 per hydrant
$ 19.00 per hydrant
$ 1.50/1,000 gallons or $10.00
whichever is greater
Construction Account As Metered:
0-100,000 gallons $ 1.50/1,000 gallons
In excess of 100,000 gallons $ 1.60/1,000 gallons
(5) MULTIPLE CONNECTIONS:
Multiple Connections are where more than one customer is being served
through a master meter and the billing is based on the flow through such
master meter. The minimum bimonthly billing of the basic charge is
determined by the number of customers multiplied by the rate of $ 14.00. The
consumption charge will be computed by subtracting the amount equal to the
number of customers multiplied by 5,000 gallons from the total gallonage
consumed. The rate of the consumption above the basic will be $ 1.50 per
1,000 gallons up to 100,000 and $1.60 per 1,000 gallons in excess of 100,000
gallons.
(6) PROPERTIES OUTSIDE CITY LIMITS:
Properties served outside the city limits shall have a 50% surcharge on the
monthly rate.
SECTION 4: BIMONTHLY SEWER RATES.
(1) Sewer rates are based on a monthly'rate and are billed on a bimonthly schedule. The
sewer rates, as calculated bimonthly, are shown as follows:
DESCRIPTION
CLASS
Single Family residence
1
Mobile Home on single parcel
1
Business
2
Professional
2
Churches
3
Hotels, Motel
4
Rest Homes, Care Centers
4
Kitsap County Jail
4
Apartments
5
Mobile Home Parks
5
Schools
6
Kitsap County Courthouse (Main
7
Complex)
Restaurants
8
Laundromats
9
Taverns
10.
Ordinance No. 1683
Page 3 of 14
Car Dealerships
11
Post Office
12
Grocery Stores
13
Bowling Alley
14
Boat Marina
14
Health Maintenance Organizations
14
Work Release & Juvenile Facilities
14
Kitsap County Public Works Building
14
Car Washes
15
Beauty Shops and Barber Shops
16
Day Care
17
Gas Stations
18
Assisted Living Units
19
(2) BIMONTHLY RATES:
Class 1 $ 36.00
Class 2 $ 36.00 for each business with a fixture.
$ 9.00 for each business, with an employee present, without a fixture.
$ 36.00 for each floor of an office building or retail complex that has a public or
community bathroom.
Class 2 shall be subject to the following surcharge, based on store/office size:
Category Size of store/office Surcharge
Small Less that 15,000 sf None
Medium 15,000 to 30,000 sf $ 36.00
Large More than 30,000 sf $ 72.00
Class 3
$ 36.00 for the church, plus'
$ 36.00 for the rectory, plus'
$ 36.00 for the annex.
`Class 6 for educational parochial schools.
Class 4
Base fee of $ 36.00 plus $ 9.00 per unit.
Class 5
$ 36.00 per dwelling unit.
Class 6
$1.50 for each pupil, teacher, maintenance and administrative person.
Class 7
$ 1,404.00
Class 8
Based on the seating capacity as determined by the Fire Chief.
Description Seating capacity Rate
Espresso Bar Not Applicable $ 36.00
Deli 0 $ 54.00
Small 1 to 50 $108.00
Medium 51 to 150 $162.00
Large More than 150 $216.00
Ordinance No. 1683
Page 4 of 14
The classification of Espresso Bar includes similar food preparation businesses
which do not require the cooking of food or the maintenance of kitchen
equipment.
Class 9 Base fee of $ 18.00 plus $ 9.00 per washing machine.
Laundromats with less than 4 washing machines are considered Class 2. Dry
Cleaners, without washing machines are Class 2.
Class 10 $ 90.00
Class 11 $ 36.00 for sales and administrative office, plus $ 34.00 for service
department, plus
$ 36.00 for car washing when the water is used to determine cost sharing for
the sewer treatment plant.
Class 12 $ 126.00
Class 13 Basic Fee of $ 18.00 plus the following surcharges:
Description
Surcharge
Basic Store
$ 18.00
Bakery
$ 18.00
Wetted Down Produce
$ 36.00
Food Disposal
$ 36.00
Meat Cutting Area
$ 72.00
Class 14 Base Fee of $ 18.00 plus $ 18.00 for each Equivalent Residential Unit (ERU)
as determined for the cost'sharing formula for the sewer treatment plant.
Class 15 Base Fee of $ 18.00 plus $ 54.00 per car washing bay.
Class 16 $ 36.00
Class 17 Basic Fee of $ 72.00 plus the following surcharges:
Description Surcharge
Less than 5 children -0-
6 to 25 children $ 34.00
More than 25 children Class 6 rates
Class 18 $ 36.00 for gasoline retail and service bay.
$ 36.00 for non -automotive retail.
Class 19 Base fee of $ 36.00 plus
$ 36.00 per unit with private kitchen
$ 9.00 per unit without private kitchen, studio apartment
Special Notes:
Ordinance No. 1683
Page 5 of 14
(a) Home occupations will not be charged additional sewer fees.
(b) For a combination of classes in one business, the highest rate will be
selected.
(c) In the event that an established rate class does not accurately reflect
the impact on the sewer system, the City Council may determine the
specific monthly rate.
(d) Water accounts which serve a marina pier and do not have a
connection to the sewer, shall not be charged a sewer bill. A sewer bill
will be charged and based on winter consumption if the water meter
serves both the marina pier and any facility or pump station that is
connected to the sewer system. For billing purposes, live -a -boards will
not be considered as a dwelling unit.
(e) Properties served which are outside the city limits shall have a 50%
surcharge on the monthly rates.
SECTION 5: WATER FEES. (1) CONNECTION FEES: Connection fees are
designed to mitigate the impact of new water demands on the existing water system.
For a single family residence and apartments, the connection fee is $750 per dwelling unit.
For commercial units, offices, motels, convalescent centers and other nonresidential uses,
the connection fee is $750 per ten fixtures or portion thereof.
For all other structures that are served by municipal water, the connection fee is $750 per ten
fixtures or portion thereof.
A fixture is any fixture as defined in the Uniform Plumbing Code except water heaters, floor
drains used for emergency overflows only, drinking fountains if noncontinuous flows and extra
fixtures attached to existing or regular fixtures such as bed pan washers, showers over tubs
and hose attachments on sinks.
(2) INSTALLATION FEE: Installation fees are designed to reimburse the utility for the cost
required to connect the new service to the water main.
The installation fee is a flat fee plus sales tax based on the size of the water meter for
service lines less than 25 feet:
Installed by city employees:
METER SIZE
3/4"
1"
1 1/2 "
2"
Larger Meters
FEE
$ 500
$ 600
$ 700
$ 800
Estimated on a case by case basis
Ordinance No. 1683
Page 6 of 14
If the water service line exceeds 25 feet, or if the proposed construction is unusually difficult
the installation fee will be based on an estimate completed by the city for the required labor
and material.
If the service is connected by other than city employees, the inspection fee of $50 per meter
will be charged. All materials shall comply with the requirements of the
City. If the City supplies any materials, the cost of these, plus overhead and sales tax will be
paid by the customer. If the installation is satisfactory, the City shall connect the meter if it is
1" or less in size. Larger meters shall be installed by the contractor.
(3) FEES IN LIEU OF ASSESSMENT: Fees in lieu of assessment shall be charged on new
accounts unless exempted as explained below:
(a) The property has previously participated in a water local improvement
district and there are records to verify this.
(b) The City Council exempts the property from the fees in lieu of
assessment because improvements on the property have substantially
improved the water system.
Fees in lieu of assessment'shall be based on the zone and termini method, as
prescribed by law, used in Local Improvement District #63.
(4) PAYMENTS: All installation fees and fees in lieu of assessment shall be paid in full prior
to the physical connection of the private service line to the water system.
For residential developments connection fees may be accepted on the following schedule:
NUMBER OF UNITS DOWN PAYMENT INSTALLMENTS
1 To 4 Full amount None
5 to 15 One half of the fee 3 Years at 8%
16 or more One third of the fee 5 Years at 8%
Interest would be compounded annually, with prorating on the outstanding balance due.
SECTION 6: SEWER FEES.
(1) CONNECTION FEES: Connection fees are designed to mitigate the impact of new
demands on the existing sewer system.
Ordinance No. 1683
Page 7 of 14
For a single family residence and apartment, the connection fee is $750 per dwelling unit
For commercial units, offices, motels, convalescent centers and other nonresidential uses,
the connection fee is $750 per ten fixtures or portion thereof.
For all other structures that are served by municipal sewer, the connection fee is $750 per
ten fixtures or portion thereof.
A fixture is any fixture as defined in the Uniform Plumbing Code except water heaters, floor
drains used for emergency overflow only, drinking fountains if noncontinuous flows and extra
fixtures attached to existing or regular fixtures such as bed pan washers, showers over tubs
and hose attachments on sinks.
(2) INSTALLATION FEE: Installation fees are designed to reimburse the utility for the cost
required to connect the new service to the sewer main.
The installation fee is a flat fee based on the vicinity of the sewer main:
(a) Installed by city employees: If the main is within 25 feet of the property
line, the installation fee is $ 500 plus sales tax.
(b) If the sewer service line exceeds 25 feet, or if the proposed
construction is unusually difficult, the installation fee will be based on an
estimate completed by the city for the required labor and material.
(c) If the service is connected by other than city employees, the inspection
fee of $50 per lateral connection to the main will be charged. All
materials shall comply with the requirements of the city. If the city
supplies any materials, the cost of these plus overhead and sales tax
will be paid by the customer.
(3) FEES IN LIEU OF ASSESSMENT: Fees in lieu of assessment shall be charged on new
accounts unless exempted as explained below:
(a) The property has previously participated in a sewer local improvement
district for sewer mains and there are records to verify this.
Participation in ULID No. 1 does not exempt property from a fee in lieu
of assessment for mains.
(b) The City Council exempts the property from the fees in lieu of
assessment because improvements on the property have substantially
improved the sewer system.
Fees in lieu of assessment for mains shall be based on the zone and termini
method, as prescribed by law and used in Local Improvement District #64.
(4) FACILITY CONSTRUCTION FEE: Facility Connection fees are designed to mitigate the
future construction costs for the wastewater treatment facility and have each new connection
pay a fair share towards the construction cost of the facility.
Ordinance No. 1683
Page 8 of 14
The Facility Connection Fee shall be $1,600 per dwelling unit for each new service which
physically connects to the sanitary sewer system except for the following:
(a) The properties within Divisions 1 through 10, inclusively, of the
McCormick Woods Land Company shall have a Facility Connection Fee
of $791.25 per dwelling unit.
(b) Properties within the original City of Port Orchard ULID #1 boundaries
shall not pay the Facility Connection Fee if the property had been
assessed in the ULID #1.
For commercial units, offices, motels, convalescent centers, and other non-residential uses,
the Facility Connection Fee is $1,600 per Equivalent Residential Unit, ERU. The ERU is
defined as 180 gallons per day which is directed to the sanitary sewer system. The ERU
consumption is based upon metered water consumption or comparison to similar accounts
when metered water consumption data is not readily available. The above exceptions as
listed for residential properties are applicable for non-residential units.
The Facility Connection Fee shall be adjusted on November 1 of each year, commencing in
1997, to reflect inflation based on the CPI-U of Seattle.
(5) PAYMENT: All installation fees and fees in lieu of assessment shall be paid in full prior
to the physical connection of the private service line to the sewer system, EXCEPT: When
the property is being connected to both the water and sewer systems, the structure can be
connected to the sewer system prior to payment of the sewer fees. The sewer fees may be
paid at the same time as the water fees.
For residential developments connection fees may be accepted on the following schedule:
NUMBER OF UNITS DOWN PAYMENT INSTALLMENTS
1 to 4 Full amount None
5 to 15 One Half of the Fee 3 Years at 8%
16 or more One Third of the Fee 5 Years at 8%
Interest shall be compounded annually, with prorating on the outstanding balance due.
SECTION 7: BILLING. The water and/or sewer charges shall be billed by the
City Treasurer bimonthly on the last day of the bimonthly period, to the property owner. The
charges and rates shall be due to the Treasurer, who is authorized and empowered to collect
and receipt for such payments, on the first day of the month following the receipt of services.
Charges remaining unpaid 30 days after the due date shall be considered delinquent and
shall be subject to an additional charge of ten percent of the unpaid balance as a penalty.
When a water and/or sewer bill shall become delinquent and a city employee must go to the
premise during normal working hours for the purpose of hanging a written notice on the door,
there shall be a ten dollar charge added to the bill.
Ordinance No. 1683
Page 9 of 14
If the delinquent water and/or sewer charges remain unpaid over a period of thirty days after
the due and payable date, water service will be discontinued by turnoff. Water service will
not resume thereafter until the delinquent charges and penalties, together with a water
turn-off fee, have been paid in full. The turn-off fee shall be twenty dollars, unless the same
account should become delinquent during a twelve month period. On a second occurrence,
the turn-off fee shall be thirty dollars. On the third occurrence and each subsequent
occurrence, the turn-off fee shall be forty dollars.
When a customer requests a turn-on/off of water outside normal working hours or on holidays
or weekends, an additional charge of thirty dollars will be added to the bill for this service.
Where both water and sewer delinquent charges are involved, the customer shall not be
billed double penalties.
SECTION 8: LIENS. The City Treasurer is directed to prepare and file a lien
against any property where water and/or sewer charges or water and/or sewer connection
fees remain unpaid for four months as provided in RCW 35.21.290 and 35.67.200.
The remedy provided in this section shall be in addition to any other remedy now and
hereafter provided by law. All charges, together with penalties and interest which may be
provided by the ordinance, shall be a lien upon the property to which such service is
furnished. Water and/or sewer charges or sewer connection liens shall be superior to all
other liens and encumbrances whatsoever, except those for general taxes and local and
special assessments. The liens shall be enforced by the city in the manner provided by law.
The additional and concurrent method of enforcing the lien of the city for the delinquent and
unpaid charges by turning off the water and/or sewer service from the premise shall not be
exercised after two years from the date of recording the lien notice, as provided by law. One
exception to this is to enforce payment of six months charges for which no lien notice is
required by law to be recorded.
SECTION 9: VACANCIES. In the event that the premises are or shall
become vacant and/or unoccupied, the basic charges for sewer shall continue, unless
exempted as described below:
(1) Upon proper application, the Treasurer shall have the authority to make a billing
adjustment of $5.00 to the basic sewer service charges for any full month in which the
individual unit is vacant for such calendar month. The property owner must complete the
appropriate application within the first ten days following each calendar month period of
vacancy to be eligible for a billing adjustment of the sewer service charges. No sewer
service charges shall be adjusted on a pro-rata basis. Class 2 accounts without fixtures shall
not receive any billing adjustment.
(2) Vacant properties shall be subject to periodic inspections. A person who knowingly
submits an application containing false information shall be charged a penalty of twice the
sewer service rate for that period for which sewer service was credited. Any person charged
such a penalty may appeal to the City Council within 15 days of the penalty assessment.
Ordinance No. 1683
Page 10 of 14
SECTION 10: MOTHER-IN-LAW APARTMENTS & CONVERTED HOMES.
These are apartments contained in a single family dwelling and are not a separate structure.
These apartments are other than duplexes or multi -family units.
(1) MOTHER-IN-LAW APARTMENTS:
(a) The property owner lives in the single family dwelling.
(b) The apartment does not have both a separate full kitchen and full bath. A full
kitchen is defined as one with a full size refrigerator, a stove, a sink and
cabinets.
(c) There is the capability of the apartment dweller to pass from the apartment to
the house through an interior door.
(d) A mother-in-law apartment would be considered a single family residence and
would not be charged an extra connection fee or an extra monthly rate.
(e) The Building Department shall inspect the proposed mother-in-law apartment
and report its findings to the City Treasurer. The City Treasurer shall make
the determination if a unit is a mother-in-law apartment and shall so notify the
property owner. The property owner may appeal the Treasurer's determination
with a written petition to the City Council.
(2) CONVERTED HOMES:
(a) The property owner lives in the single family dwelling.
(b) The apartment has both a separate full kitchen and full bath.
(c) In order to be a converted home, the structure shall have been a single family
residence for at least five years.-
(d) A converted home would not be charged an extra connection fee, but would be
charged an extra monthly rate.
(e) A property owner may apply for an exemption from the additional monthly rate
if a family member lives in the apartment. Application for exemption shall be
made on forms provided by the City Treasurer. When the family member
moves out of the apartment the property owner shall notify the city.
A family member is defined as a father, mother, spouse, children or
step -children.
(f) Rates for converted home apartments are effective the first day of the next
month after passage and publication of this ordinance.
Mother-in-law apartments and converted homes in existence at the time of passage of this
ordinance shall be grandfathered and associated connection fees are waived.
Ordinance No. 1683
Page 11 of 14
A duplex would still be charged two connection fees and two monthly rates and is not a
single family residence.
SECTION 11: DISCONTINUATION OF SEWER CHARGES. Upon receipt of a
written statement by the owner of a lot or parcel of property which has previously been
connected to the public sewer system that there is no longer any building or structure for
human occupation or use or for any business purpose located thereon and that the toilet and
other facilities therein have been removed, disconnected and properly plugged from the
public sewer system, and upon inspection by the Superintendent or his designated
representative to ascertain that the statement is true, the sewer charges shall cease as of the
first day of the following month.
SECTION 12: CROSS CONNECTIONS. The installation or maintenance of any
cross connection which would endanger the water supply of the City of Port Orchard is
prohibited. Such cross connections are declared to be a public health hazard and shall be
abated.
The control or elimination of cross connections shall be in accordance with WAC 248-54-285.
The policies, procedures and criteria for determining appropriate levels of protection shall be
in accordance with the Accepted Procedure and Practice in Cross Connection Control Manual
- Pacific Northwest Section - American Water Works Association, Fourth Edition or any
superseding edition.
It shall be the responsibility of the city to protect the potable water system from contamination
or pollution due to cross connections. Water service to any premises shall be contingent
upon the customer providing cross connection control in a manner approved by the City
Engineer. Backflow devices required to be installed shall be a model approved by the Kitsap
County Health Department.
The City Engineer, or his designated repfesentative with proper identification, shall have free
access at reasonable hours of the day to all parts of the premises or within the building to
which the water is supplied. Water service may be refused or terminated to any premise for
failure to allow necessary inspections.
SECTION 13: EMERGENCY WATER SUPPLY CONDITIONS. Whenever an
emergency exists affecting the water supply of the city and it becomes necessary to curtail
the use of water through regulation and control of the use thereof, the Mayor shall declare
such an emergency. Notice of the emergency shall be published in the official newspaper by
the City Clerk, setting forth rules under which water will be used. The notice may include
defining zones for use of water and setting forth hours during which lawn sprinkling may be
done. The notice shall include any restriction, as approved by the City Council, on the use of
water that is deemed necessary for the welfare of the inhabitants of the city and other users
of city water. Such notice and regulations established for the emergency shall be subject to
change and shall be in full force and effect throughout the emergency. Any changes in such
regulations as published shall likewise be published before taking effect. Regulations
established for the emergency shall remain in affect until notice is published that the
emergency has passed.
Ordinance No. 1683
Page 12 of 14
SECTION 14: DAMAGING THE UTILITY SYSTEM. No unauthorized person shall
maliciously, willfully or negligently break, damage, destroy, uncover, deface or tamper with
any structure, appurtenance or equipment which is part of the public water or sewer system.
SECTION 15: DISCHARGING OF SEWERAGE. It shall be unlawful to discharge or
cause to be discharged into the city sewer system or cause to be placed where they are
likely to run, leak or escape into the public sewer, any of the following:
(1) Ashes, cinder, sand, earth, rubbish, mud, straw, shavings, metal, glass, rags,
feathers, tar, plastic, wood, or any matter which is capable of or likely to
obstruct or interfere with the capacity or operation of the public sewer.
(2) Gasoline, benzine, naphtha, fuel oil, lubricating oil or any other matter which is
inflammable or explosive upon introduction to the public sewer.
(3) Any matter having a temperature greater than 150 degrees F.
(4) Sewage containing suspended solids in excess of 350 milligrams per liter.
(5) Sewage containing grease or oil in excess of 100 parts per million by weight.
(6) Matter with a B.O.D. greater than 300 milligrams per liter.
(7) Sewage with a PH lower than 5.5 and greater than 9.0.
(8) Garbage that has not been properly shredded.
(9) Sewage containing toxic or poisonous substances in sufficient quantity to injure
or interfere with any sewage treatment process or constitutes a hazard in the
receiving waters of the sewage treatment plant.
(10) Any noxious or malodorous matter capable of creating a public nuisance.
(11) Waters from irrigation, storm drains, sump pumps, surface runoff, roof runoff,
subsurface drainage, ponds or reservoirs. When an unauthorized hookup of a
drain or excess infiltration is found to exist, the City Engineer shall notify the
property owner that corrective action is required and shall be accomplished
within sixty calendar days. The City Engineer may allow drainage of areas, not
to exceed 750 square feet, if that area cannot be economically drained other
than using the sanitary sewer system.
(12) Contents from any septic tank or cesspool.
(13) Any unauthorized use of an established Recreational Vehicle Dump Station for
other than recreational vehicles or camp trailers.
SECTION 16: CONNECTION TO SEWER. (1) The owner of each lot or parcel of real
property within the city shall connect to the public sewer system if the public sewer system is
within 200 feet of the lot or parcel and if one of the following conditions occur:
Ordinance No. 1683
Page 13 of 14
(a) A new building or structure is constructed on an undeveloped parcel or lot and
use of the new building or structure generates wastewater.
(b) An existing building or structure, which is served by an existing septic tank and
drainfield is remodeled or repaired in such a manner that the drainfield would
have to be expanded, as required by the Health Officer. In such a case, the
entire structure would have to be served by the public sewer system.
(c) The existing drainfield has failed and needs repair or replacement, as
determined by the Health Officer.
(2) The City Council may schedule a public hearing to review the circumstances of the
property to be connected to the sewer system, if requested by the property owner. The City
Council may modify or remove the requirements of mandatory sewer connection, if it deems
it necessary.
SECTION 17: SIDE SEWER RESPONSIBILITIES. That portion of any side sewer
pipe lying within a street right of way or easement shall be kept within the exclusive control of
the city. That portion of the side sewer lying beyond said right of way or easement shall be
the responsibility of the -sewer customer, which is served by the pipe.
When a side sewer is blocked, it is the responsibility of the sewer customer to remove the
blockage. If the blockage is shown to the satisfaction of the City Council to be within the
right of way or easement, the City Council may reimburse all or part of the cost to remove the
blockage.
SECTION 18: INDUSTRIAL SEWER USERS. (1) All major contributing industrial
users of the public sewer system shall be required to enter into an agreement with the City of
Port Orchard to provide for the payment of their proportionate share of the federal share of
the capital costs of the sewage project allocable to the treatment of such industrial waste.
(2) The recovery of the proportionate share of costs shall be determined by agreement
between the city and the industrial user. The share of costs shall be based upon all factors
which significantly influence the cost of the treatment works and shall be repaid, without
interest, in at least annual payments during the recovery period not to exceed the life of the
project or thirty years. In the event the city and users cannot agree as to the proportionate
share to be repaid to the city, said proportionate share shall be determined by arbitration and
the arbitrator shall be appointed by the presiding judge of the Kitsap County Superior Court.
(3) All major contributing users discharging into the treatment works shall be required to
comply, within three years, with the pretreatment standards established by the Environmental
Protection Agency. In accordance with the pretreatment requirements, major industries are
defined as those industries that:
(a) Have a wastewater flow of fifty thousand gallons, or more, per average day.
(b) Have a wastewater flow greater than one percent of the flow carried by the
municipal system receiving the waste,
(c) Include the discharge of a toxic material.
Ordinance No. 1683
Page 14 of 14
SECTION 19: VIOLATION. An person who violates any of the provisions of this
chapter shall become liable to the city for any expense, loss or damage occasioned by the
city by reason of such violation. Such person is guilty of a misdemeanor and upon conviction
thereof shall be punished by a fine in the amount of Five Hundred Dollars. Every day that
the person is in violation shall be considered a separate offense and can be charged as such
under this section.
SECTION 20: VALIDITY. The City of Port Orchard hereby declares that should any
section, paragraph, sentence or word of this ordinance or of the code hereby adopted be
declared for any reason to be invalid, it is the intent of the city that it would have passed all
other portions of this ordinance independent of the elimination herefrom of any such portion
as may be declared.
PASSED by the City Council of the City of Port Orchard, AP ROVED by the Mayor
and attested by the Clerk in authentication of such passage this day of July, 1997.
LESLIE J. WEATHERILL, MAYOR
ATTEST:
Patricia Parks, City Clerk
APPROVED AS TO FORM:
City Attorney
SPONSORED BY:
Councilman Geiger
NOTICE OF CITY OF PORT ORCHARD
ORDINANCE
The following is a summary of an Ordinance approved by the Port Orchard City Council at their
regular Council meeting held July 14, 1997.
ORDINANCE NO. 1683
AN ORDINANCE OF THE CITY OF PORT ORCHARD, WASHINGTON
REPEALING ORDINANCES NO. 1663 (POMC 13.04 and 13.08) AND
ESTABLISHING REGULATIONS PROVIDING FOR THE CONTROL,
MANAGEMENT, MAINTENANCE AND USE OF PUBLIC AND PRIVATE WATER
AND SEWER SYSTEMS AND PROVIDING RATES FOR CONNECTION AND
USE OF SUCH SYSTEMS.
Copies of Ordinance No. 1683 are available for review at the office of the City
Clerk of the City of Port Orchard. Upon written request a statement of the full text
of the Ordinance will be mailed to any interested person without charge. Thirty
days after publication, copies of Ordinance No. 1683 will be provided at a nominal
charge.
City of Port Orchard
Michelle Merlino
Deputy Clerk
Publish: Port Orchard Independent
July 23 1997