06/13/2023 - PacketUtilities Committee Meeting Agenda
June 13, 2023, 5:00 p.m.
Remote access:
hgps://us02web.zoom.us/j/86877455328
• Foster Pilot Project — Update
• Stormwater Comprehensive Plan Level of Service — Presentation
• Sewer Rate Study -Update
• Cross Connection Control Program - Update
• Fats, Oils, and Grease Control Program — Update
Next Meeting: TBD
Future Agenda Items:
• Well 13 and PRV's
• McCormick Sewer PS #1 Repairs
• Option to Levy Excise Taxes on W/S
• Bay Street - Street Lighting & Marquee
• Bay Street Utility Plan
• Water System Fluoridation
• Sanitary Side Sewer Policy
• Well 11
• Marina Pump Station
RE: COP4 Foster Not Mitigation Plan and Adaptive Management Frame�-vork
Paul Schlenger <PSchlengeresassoc,com>
To Jae Becker, - tompors@comcast.net; Byron Amerson, 0 Jacki Brown, Zack Holt
Cc 'Harry Seely'
This sender PSchlenger@esassoc.com is from outside your organization.
Watersheds Map.jpg
® 434 KB
Eli To rn,
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Reply Reply All Forward ® E
Fri 612/202311:34 AM
Thanks for orchestratingyesterday's call with the Squaxin Is€and Tribe€ It was great to hear their willingness to constructively provide input and help see a positive path forward, I am hoping we
can setup a s3rnilarcall soon with the SuquamishTribe.
Asa reminder, the flow impacts to streams are split between tribes' U&A. Considering only those streams in which flow impacts are not being offsetth rough flow augmentation (except
Coulter), approximately 2996 of impacts are to5uquamish streams (71% Squaxin}, so a smaller percentage of impacts in Suquamish strearns. Olalla is the only one with modelled impacts (0.05
cfs on annual basis), though within model error are changes to flows in Sul€ivan (0.0023 cfs), Beaver (0.0002 cfs), and Crescent (D.0043 cfs). Attached is rnap to help locate these streams for
those of us less familiar with all stream locations,
We were not able to identify a feasible restoration project in OlaIIa. We explored one opportunity next to the Little League Complex, but didn't get to landowner support stage. Instead, in past
meetings we identified wetland enhancement in Blackjack at the South Sidney Regional Facility. Our NEB analysis indicates that approximately 0.1 acres of wetland enhancement would offset
the Olalla impacts.
Four questions:
• Do we need to debrief on the Squaxin call?
• Who should coordinate logistics with team and Suquamish Tribe for setting up meeting?
• lacki/Zack, based on conversations with Tristan from WDFW, do you recall if he warted a meeting for mitigation plan overview also?
• For.Sucluarnish, can we propose with South Sidney wetland plus BDAjriparian enhancements in Olalla, Sullivan, Beaver, and Crescent? Like for Squaxin Island Tribe, the BDAfriparian
would be fairly small areas/efforts with the big ticket item being the South Sidney wetland enhancements.
Thank you,
Paul SchIenger (heihim)
Pnncipal Fisheries Biologist
ESA I lEnvisonfmrital Science Associates
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City of Port Orchard
Stormwater and Watersheds Comprehensive Plan
Reid M iddleton
BACK TO AGENDA
Port Orchard Contract #: _
Authorized Amount: $85,825.00
Date Start: July 1, 2023
Date End: March 31, 2024
CONSULTANT SERVICES AGREEMENT
Sewer Rate Study Project
THIS AGREEMENT is entered into by and between the City of Port Orchard, Washington,
a municipal corporation organized under the laws of the State of Washington ("City") and Financial
Consulting Solutions, Inc. dba FCS Group, ("Consultant") organized under the laws of the State of
Washington, located and doing business at 7525 166t" Ave NE, Ste D-215, Redmond WA 98502
(hereinafter the "Consultant").
RECITALS:
WHEREAS, the City desires to have certain services performed for its residents; and
WHEREAS, the City has selected the Consultant to perform such services pursuant to certain
terms and conditions; and
NOW, THEREFORE, in consideration of the mutual benefits and conditions set forth below, the
parties agree as follows:
AGREEMENT:
1. Scope of Services to be Performed by Consultant.
The Consultant shall perform those services described on Exhibit "A," which is attached hereto and
incorporated herein bythis reference as if set forth in full. In performing such services, the Consultant shall
at all times comply with all federal, state, and local statutes, rules and ordinances applicable to the
performance of such services and the handling of any funds used in connection therewith. The Consultant
shall perform the services diligently and completely and in accordance with professional standards of
conduct and performance. The Consultant shall request and obtain prior written approval from the City
if the scope or schedule is to be modified in any way.
If the services provided hereunder are funded in whole or in part under a Grant Funding
Agreement, then Consultant will comply with the terms of such Grant Funding Agreement to ensure that
the City is able to obtain the maximum funding under such Grant Funding Agreement. If this applies, the
City will provide the Consultant with a copy of the Grant Funding Agreement.
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2. Compensation.
The City shall pay the Consultant for services rendered according to the rates and methods set forth
below.
❑ LUMP SUM. Compensation for these services set forth in Exhibit A shall be a Lump Sum
of $
0 TIME AND MATERIALS NOT TO EXCEED. Compensation for these services shall not exceed
$85,825.00 without written authorization and will be based on the list of billing rates and
reimbursable expenses attached hereto as Exhibit "B."
❑ TIME AND MATERIALS. Compensation for these services shall be on a time and materials
basis according to the list of billing rates and reimbursable expenses attached hereto as Exhibit
„B
❑ OTHER
3. Payment.
A. The Consultant shall maintain time and expense records and provide them to the City
monthly after services have been performed, along with monthly invoices in a format acceptable to
the City for work performed to the date of the invoice.
B. All invoices shall be paid by City warrant within thirty (30) days of receipt of a proper
invoice. If the City objects to all or any portion of any invoice, it shall so notify the Consultant of the
same within fifteen (15) days from the date of receipt and shall pay that portion of the invoice not in
dispute, and the Parties shall immediately make every effort to settle the disputed portion.
C. The Consultant shall keep cost records and accounts pertaining to this Agreement
available for inspection by City representatives for three (3) years after final payment unless a longer
period is required by a third -party agreement. Copies shall be made available on request.
D. On the effective date of this Agreement (or shortly thereafter), the Consultant shall
comply with all federal and state laws applicable to independent contractors, including, but not limited
to, the maintenance of a separate set of books and records that reflect all items of income and expenses
of the Consultant's business, pursuant to Revised Code of Washington (RCW) 51.08.195, as required by
law, to show that the services performed by the Consultant under this Agreement shall not give rise to
an employer -employee relationship between the parties, which is subject to Title 51 RCW, Industrial
Insurance.
City of Port Orchard and Financial Consulting Solutions, Inc. dha FCS Group
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E. If the services rendered do not meet the requirements of the Agreement, the Consultant
will correct or modify the work to comply with the Agreement. The City may withhold payment for such
work until the work meets the requirements of the Agreement. The City shall pay the Consultant for
services rendered within ten (10) days after City Council voucher approval. However, if the City objects
to all or any portion of an invoice, it shall notify Consultant and reserves the option to only pay that
portion of the invoice not in dispute. In that event, the Parties will immediately make every effort to
settle the disputed portion.
F. The City reserves the right to direct the Consultant's compensated services before
reaching the maximum amount.
4. Duration of Agreement.
A. This Agreement shall be in full force and effect for a period commencing on July 1, 2023
and ending March 31, 2024 unless sooner terminated under the provisions of this Agreement. The City
reserves the right to offer two (2) one-year extensions prior to expiration of the Agreement to retain
the Consultant's services.
B. Time is of the essence of this Agreement in each and all of its provisions in which
performance is required. If delays beyond the Consultant's reasonable control occur, the Parties will
negotiate in good faith to determine whether an extension is appropriate.
C. The Consultant shall obtain a City of Port Orchard business license prior to commencing
work pursuant to a written Notice to Proceed.
D. The Consultant is authorized to proceed with services upon receipt of a written Notice
to Proceed.
5. Standard of Care.
The Consultant represents and warrants that it has the requisite training, skill, and experience
necessary to provide the services under this Agreement and is appropriately accredited and licensed
by all applicable agencies and governmental entities. Services provided by the Consultant under this
Agreement will be performed in a manner consistent with that degree of care and skill ordinarily
exercised by members of the same profession currently practicing in similar circumstances.
6. Ownership and Use of Documents.
A. Ownership. Any records, files, documents, drawings, specifications, data, or
information, regardless of form or format, and all other materials produced by the Consultant in
connection with the services provided to the City, shall be the property of the City whether the project
for which they were created is executed or not.
City of Port Orchard and Financial Consulting Solutions, Inc. dha FCS Group
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B. Records preservation. Consultant understands that this Agreement is with a government
agency and thus all records created or used in the course of Consultant's work for the City are
considered "public records" and are subject to disclosure by the City under the Public Records Act,
Chapter 42.56 RCW ("the Act"). Consultant agrees to safeguard and preserve records in accordance
with the Act. The City may be required, upon request, to disclose the Agreement, and the documents
and records submitted to the City by Consultant, unless an exemption under the Public Records Act
applies. If the City receives a public records request and asks Consultant to search its files for responsive
records, Consultant agrees to make a prompt and thorough search through its files for responsive
records and to promptly turn over any responsive records to the City's public records officer at no cost
to the City.
7. Relationship of the Parties; Independent Consultant.
The Parties intend that an independent contractor -client relationship will be created by this
Agreement. As the Consultant is customarily engaged in an independently established trade which
encompasses the specific service provided to the City hereunder, no agent, employee, representative
or sub -consultant of the Consultant shall be or shall be deemed to be the employee, agent,
representative or sub -consultant of the City. In the performance of the work, the Consultant is an
independent contractor with the ability to control and direct the performance and details of the work,
the City being interested only in the results obtained under this Agreement. None of the benefits
provided by the City to its employees, including, but not limited to, compensation, insurance, and
unemployment insurance are available from the City to the employees, agents, representatives, or sub -
consultants of the Consultant. The City shall not be responsible for withholding or otherwise deducting
federal income tax or social security or contributing to the State Industrial Insurance Program, or
otherwise assuming the duties of an employer with respect to the Consultant, or any employee of the
Consultant. The Consultant will be solely and entirely responsible for its acts and for the acts of its
agents, employees, representatives, and sub -consultants during the performance of this Agreement.
The City may, during the term of this Agreement, engage other independent contractors to perform
the same or similar work that the Consultant performs hereunder.
8. Indemnification.
Consultant shall defend, indemnify, and hold the City, its officers, officials, employees, agents, and
volunteers harmless from any and all claims, injuries, damages, losses or suits including attorneys' fees,
arising out of or resulting from the acts, errors or omissions of the Consultant in performance of this
Agreement, except for injuries and damages caused by the sole negligence of the City.
Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115,
then, in the event of liability for damages arising out of bodily injury to persons or damages to property
caused by or resulting from the concurrent negligence of the Consultant and the City, its officers,
officials, employees, and volunteers, the Consultant's liability, including the duty and cost to defend,
hereunder shall be only to the extent of the Consultant's negligence.
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IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE INDEMNIFICATION PROVIDED
HEREIN CONSTITUTES THE CONSULTANT'S WAIVER OF IMMUNITY UNDER INDUSTRIAL INSURANCE,
TITLE 51 RCW, SOLELY FOR THE PURPOSES OF THIS INDEMNIFICATION. THIS WAIVER HAS BEEN
MUTUALLY NEGOTIATED BY THE PARTIES.
The provisions of this section shall survive the expiration or termination of this Agreement.
9. Insurance.
The Consultant shall procure and maintain for the duration of the Agreement, insurance against claims
for injuries to persons or damage to property which may arise from or in connection with the
performance of the work hereunder by the Consultant, its agents, representatives, or employees.
below:
limits:
A. Minimum Scope of Insurance. Consultant shall obtain insurance of the types described
Automobile Liability insurance covering all owned, non -owned, hired and leased
vehicles. Coverage shall be written on Insurance Services Office (ISO) form CA 00 01
or a substitute form providing equivalent liability coverage. If necessary, the policy
shall be endorsed to provide contractual liability coverage.
ii. Commercial General Liability insurance shall be written on ISO occurrence form CG
00 01 and shall cover liability arising from premises, operations, independent
Consultants and personal injury and advertising injury. The City shall be named as
an insured under the Consultant's Commercial General Liability insurance policy
with respect to the work performed for the City.
iii. Workers' Compensation coverage as required by the Industrial Insurance laws of the
State of Washington.
iv. Professional Liability insurance appropriate to the Consultant's profession.
B. Minimum Amounts of Insurance. Consultant shall maintain the following insurance
Automobile Liability insurance with a minimum combined single limit for
bodily injury and property damage of $1,000,000 per accident.
ii. Commercial General Liability insurance shall be written with limits no less
than $1,000,000 each occurrence, $2,000,000 general aggregate.
iii. Professional Liability insurance shall be written with limits no less than
$1,000,000 per claim and $1,000,000 policy aggregate limit.
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C. Other Insurance Provision. The Consultant's Automobile Liability, Commercial General
Liability, and Professional Liability insurance policies are to contain, or be endorsed to contain, that
they shall be primary insurance as respect the City. Any Insurance, self-insurance, or insurance pool
coverage maintained by the City shall be excess of the Consultant's insurance and shall not contribute
with it.
D. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best
rating of not less than A-VII.
E. Verification of Coverage. The Consultant shall furnish the City with original certificates
and a copy of the amendatory endorsements, including but not necessarily limited to the additional
insured endorsement, evidencing the insurance requirements of the Consultant before
commencement of the work.
F. Notice of Cancellation. The Consultant shall provide the City with written notice of any
policy cancellation, within two business days of their receipt of such notice.
G. Failure to Maintain Insurance. Failure on the part of the Consultant to maintain the
insurance as required shall constitute a material breach of contract, upon which the City may, after
giving five business days' notice to the Consultant to correct the breach, immediately terminate the
contract or, at its discretion, procure or renew such insurance and pay any and all premiums in
connection therewith, with any sums so expended to be repaid to the City on demand, or at the sole
discretion of the City, offset against funds due the Consultant from the City.
H. No Limitation. Consultant's maintenance of insurance as required by the Agreement
shall not be construed to limit the liability of the Consultant to the coverage provided by such
insurance, or otherwise limit the City's recourse to any remedy available at law or in equity.
10. Record Keeping and Reporting.
A. The Consultant shall maintain accounts and records, including personnel, property,
financial, and programmatic records, which sufficiently and properly reflect all direct and indirect costs
of any nature expended and services performed pursuant to this Agreement. The Consultant shall also
maintain such other records as may be deemed necessary by the City to ensure proper accounting of
all funds contributed by the City to the performance of this Agreement.
B. The foregoing records shall be maintained for a period of seven (7) years after
termination of this Agreement unless permission to destroy them is granted by the Office of the
Archivist in accordance with Chapter 40.14 RCW and by the City.
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11. City's Right of Inspection and Audit.
A. Even though the Consultant is an independent contractor with the authority to control
and direct the performance and details of the work authorized under this Agreement, the work must
meet the approval of the City and shall be subject to the City's general right of inspection to secure the
satisfactory completion thereof. The Consultant agrees to comply with all federal, state, and municipal
laws, rules, and regulations that are now effective or become applicable within the terms of this
Agreement to the Consultant's business, equipment, and personnel engaged in operations covered by
this Agreement or accruing out of the performance of such operations.
B. The records and documents with respect to all matters covered by this Agreement shall
be subject at all times to inspection, review or audit by the City during the performance of this
Agreement. All work products, data, studies, worksheets, models, reports, and other materials in
support of the performance of the service, work products, or outcomes fulfilling the contractual
obligations are the products of the City.
12. Work Performed at the Consultant's Risk.
The Consultant shall take all precautions necessary and shall be responsible for the safety of its
employees, agents, and sub -consultants in the performance of the work hereunder and shall utilize all
protection necessary for that purpose. All work shall be done at the Consultant's own risk, and the
Consultant shall be responsible for any loss of or damage to materials, tools, or other articles used or
held by the Consultant for use in connection with the work.
13. Termination.
A. Termination without cause. This Agreement may be terminated by the City at any time
for public convenience, for the Consultant's insolvency or bankruptcy, or the Consultant's assignment
for the benefit of creditors.
B. Termination with cause. This Agreement may be terminated upon the default of the
Consultant and the failure of the Consultant to cure such default within a reasonable time after
receiving written notice of the default.
C. Rights Upon Termination.
i. With or Without Cause. Upon termination for any reason, all finished or unfinished
documents, reports, or other material or work of the Consultant pursuant to this Agreement shall be
submitted to the City, and the Consultant shall be entitled to just and equitable compensation for any
satisfactory work completed prior to the date of termination, not to exceed the total compensation set
forth herein. The Consultant shall not be entitled to any reallocation of cost, profit or overhead. The
Consultant shall not in any event be entitled to anticipated profit on work not performed because of
such termination. The Consultant shall use its best efforts to minimize the compensation payable under
City of Port Orchard and Financial Consulting Solutions, Inc. dha FCS Group
Professional Service Agreement Contract No.
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this Agreement in the event of such termination. Upon termination, the City may take over the work
and prosecute the same to completion, by contract or otherwise.
ii. Default. If the Agreement is terminated for default, the Consultant shall not be entitled
to receive any further payments under the Agreement until all work called for has been fully
performed. Any extra cost or damage to the City resulting from such default(s) shall be deducted from
any money due or coming due to the Consultant. The Consultant shall bear any extra expenses incurred
by the City in completing the work, including all increased costs for completing the work, and all
damage sustained, or which may be sustained, by the City by reason of such default.
D. Suspension. The City may suspend this Agreement, at its sole discretion. Any
reimbursement for expenses incurred due to the suspension shall be limited to the Consultant's
reasonable expenses, and shall be subject to verification. The Consultant shall resume performance of
services under this Agreement without delay when the suspension period ends.
E. Notice of Termination or Suspension. If delivered to the Consultant in person,
termination shall be effective immediately upon the Consultant's receipt of the City's written notice or
such date as stated in the City's notice of termination, whichever is later. Notice of suspension shall be
given to the Consultant in writing upon one week's advance notice to the Consultant. Such notice shall
indicate the anticipated period of suspension. Notice may also be delivered to the Consultant at the
address set forth in the "Notices" Section herein.
F. Nothing in this Subsection shall prevent the City from seeking any legal remedies it may
otherwise have for the violation or nonperformance of any provisions of this Agreement.
14. Discrimination Prohibited.
A. The Consultant agrees not to discriminate against any employee or applicant for
employment or any other person in the performance of this Agreement because of race, creed, color,
national origin, marital status, sex, age, disability, or other circumstance prohibited by federal, state,
or local law or ordinance, except for a bona fide occupational qualification.
B. Violation of this Section shall be a material breach of this Agreement and grounds for
cancellation, termination, or suspension of the Agreement by the City, in whole or in part, and may
result in ineligibility for further work for the City.
15. Force Majeure.
Notwithstanding anything to the contrary in this Agreement, any prevention, delay or stoppage due to
strikes, lockouts, labor disputes, acts of God, acts of war, terrorist acts, inability to obtain services,
labor, or materials or reasonable substitutes therefor, governmental actions, governmental laws,
regulations or restrictions, civil commotions, casualty, actual or threatened public health emergency
(including, without limitation, epidemic, pandemic, famine, disease, plague, quarantine, and other
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significant public health risk), governmental edicts, actions, declarations or quarantines by a
governmental entity or health organization, breaches in cybersecurity, and other causes beyond the
reasonable control of the Party obligated to perform, regardless of whether such other causes are (i)
foreseeable or unforeseeable or (ii) related to the specifically enumerated events in this paragraph
(collectively, a "Force Majeure"), shall excuse the performance of such Party for a period equal to any
such prevention, delay or stoppage. To the extent this Agreement specifies a time period for
performance of an obligation of either Party, that time period shall be extended by the period of any
delay in such Party's performance caused by a Force Majeure. Provided however, that the current
COVID-19 pandemic shall not be considered a Force Majeure unless constraints on a Party's
performance that result from the pandemic become substantially more onerous after the effective
date of this Agreement.
16. Assignment and Subcontract.
The Consultant shall not assign or subcontract any portion of the services contemplated by this
Agreement without the prior written consent of the City. Any assignment made without the prior
approval of the City is void.
17. Conflict of Interest.
The Consultant represents to the City that it has no conflict of interest in performing any of the services
set forth in Exhibit "A." In the event that the Consultant is asked to perform services for a project with
which it may have a conflict, Consultant will immediately disclose such conflict to the City.
18. Confidentiali
All information regarding the City obtained by the Consultant in performance of this Agreement shall
be considered confidential. Breach of confidentiality by the Consultant shall be grounds for immediate
termination.
19. Non -Appropriation of Funds.
If sufficient funds are not appropriated or allocated for payment under this Agreement for any future
fiscal period, the City will so notify the Consultant and shall not be obligated to make payments for
services or amounts incurred after the end of the current fiscal period. This Agreement will terminate
upon the completion of all remaining services for which funds are allocated. No penalty or expense
shall accrue to the City in the event that the terms of the provision are effectuated.
20. Employment of State Retirees.
The City is a "DRS-covered employer" which is an organization that employs one or more members of
any retirement system administered by the Washington State Department of Retirement Systems
(DRS). Pursuant to RCW 41.50.139(1) and WAC 415-02-325(1), the City is required to elicit on a written
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form if any of the Contractor's employees providing services to the City retired using the 2008 Early
Retirement Factors (ERFs), or if the Contractor is owned by an individual who retired using the 2008
ERFs, and whether the nature of the service and compensation would result in a retirement benefit
being suspended. Failure to make this determination exposes the City to significant liability for pension
overpayments. As a result, before commencing work under this Agreement, Contractor shall determine
whether any of its employees providing services to the City or any of the Contractor's owners retired
using the 2008 ERFs, and shall immediately notify the City and shall promptly complete the form
provided by the City after this notification is made. This notification to DRS could impact the payment
of retirement benefits to employees and owners of Contractor. Contractor shall indemnify, defend, and
hold harmless the City from any and all claims, damages, or other liability, including attorneys' fees and
costs, relating to a claim by DRS of a pension overpayment caused by or resulting from Contractor's
failure to comply with the terms of this provision. This provision shall survive termination of this
Agreement.
21. Entire Agreement.
This Agreement contains the entire agreement between the parties, and no other agreements, oral or
otherwise, regarding the subject matter of this Agreement shall be deemed to exist or bind either of
the parties. If there is a conflict between the terms and conditions of this Agreement and the attached
exhibits, then the terms and conditions of this Agreement shall prevail over the exhibits. Either party
may request changes to the Agreement. Changes which are mutually agreed upon shall be
incorporated by written amendments to this Agreement.
22. Non -waiver of Breach.
The failure of either party to insist upon strict performance of any of the covenants and agreements
contained herein, or to exercise any option herein contained in one or more instances, shall not be
construed to be a waiver or relinquishment of said covenants, agreements, or options, and the same
shall be in full force and effect.
23. Modification.
No waiver, alteration, modification of any of the provisions of this Agreement shall be binding unless
in writing and signed by a duly authorized representative of the City and the Consultant.
24. Notices.
All notices or other communications required or permitted under this Agreement shall be in writing
and shall be (a) personally delivered, in which case the notice or communication shall be deemed given
on the date of receipt at the office of the addressee; (b) sent by registered or certified mail, postage
prepaid, return receipt requested, in which case the notice or communication shall be deemed given
three (3) business days after the date of deposit in the United States mail; or (c) sent by overnight
delivery using a nationally recognized overnight courier service, in which case the notice or
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communication shall be deemed given one business day after the date of deposit with such courier. In
addition, all notices shall also be emailed, however, email does not substitute for an official notice.
Notices shall be sent to the following addresses:
Notices to the City of Port Orchard shall be sent to the following address:
City Clerk
City of Port Orchard
216 Prospect Street
Port Orchard, Washington 98366
BwaIlace@cityofportorchard.us
Phone:360.876.4407 Fax: 360.895.9029
Notices to the Consultant shall be sent to the following address:
Phone No.:
Email:
25. Resolution of Disputes; Governing Law.
A. Should any dispute, misunderstanding or conflict arise as to the terms and conditions
contained in this Agreement, the matter shall first be referred to the Mayor, who shall determine the
term or provision's true intent or meaning. The Mayor shall also decide all questions which may arise
between the parties relative to the actual services provided or to the sufficiency of the performance
hereunder.
B. If any dispute arises between the City and the Consultant under any of the provisions
of this Agreement which cannot be resolved by the Mayor's determination in a reasonable time, or if
the Consultant does not agree with the Mayor's decision on a disputed matter, jurisdiction of any
resulting litigation shall be filed in Kitsap County Superior Court, Kitsap County, Washington.
C. This Agreement shall be governed by and construed in accordance with the laws of the
State of Washington. In any suit or action instituted to enforce any right granted in this Agreement,
the substantially prevailing party shall be entitled to recover its costs, disbursements, and reasonable
attorneys' fees from the other Party.
26. Compliance with Laws.
The Consultant agrees to comply with all federal, state, and municipal laws, rules, and regulations that
are now effective or in the future become applicable to Consultant's business, equipment, and
personnel engaged in operations covered by this Agreement or accruing out of the performance of
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those operations.
27. Title VI.
The City of Port Orchard, in accordance with Title VI of the Civil Rights Act of 1964, 78 Stat. 252, 42
U.S.C. 2000d to 2000d-4 and Title 49, Code of Federal Regulations, Department of Transportation
subtitle A, Office of the Secretary, Part 21, nondiscrimination in federally assisted programs of the
Department of Transportation issued pursuant to such Act, must affirmatively insure that its contracts
comply with these regulations.
Therefore, during the performance of this Agreement, the Consultant, for itself, its assignees, and
successors in interest agrees as follows:
A. Compliance with Regulations. The Consultant will comply with the Acts and the
Regulations relative to Nondiscrimination in Federally -assisted programs of the U.S. Department of
Transportation, Federal Highway Administration (FHWA), as they may be amended from time to time,
which are herein incorporated by reference and made a part of this Agreement.
B. Nondiscrimination. The Consultant, with regard to the work performed by it during this
Agreement, will not discriminate on the grounds of race, color, national origin, sex, age, disability,
income -level, or LEP in the selection and retention of subcontractors, including procurements of
materials and leases of equipment. The Consultant will not participate directly or indirectly in the
discrimination prohibited by the Acts and the Regulations as set forth in Appendix A, attached hereto
and incorporated herein by this reference, including employment practices when this Agreement
covers any activity, project, or program set forth in Appendix B of 49 C.F.R. part 21.
C. Solicitations for Subcontracts, Including Procurements of Materials and Equipment. In all
solicitations, either by competitive bidding, or negotiation made by the Consultant for work to be
performed under a subcontract, including procurements of materials, or leases of equipment, each
potential subcontractor or supplier will be notified by the Consultant of the Consultant's obligations
under this Agreement and the Acts and the Regulations relative to Non-discrimination on the grounds
of race, color, national origin, sex, age, disability, income -level, or LEP.
D. Information and Reports. The Consultant will provide all information and reports
required by the Acts, the Regulations and directives issued pursuant thereto and will permit access to
its books, records, accounts, other sources of information, and its facilities as may be determined by
the City, the Washington State Department of Transportation or the FHWA to be pertinent to ascertain
compliance with such Acts, Regulations, and instructions. Where any information required of the
Consultant is in the exclusive possession of another who fails or refuses to furnish the information, the
Consultant will so certify to the City, the Washington State Department of Transportation or the FHWA,
as appropriate, and will set forth what efforts it has made to obtain the information.
City of Port Orchard and Financial Consulting Solutions, Inc. dha FCS Group
Professional Service Agreement Contract No.
Sewer Rate Study
Updated 4/2022 IBDR
BACK TO AGENDA
E. Sanctions for Noncompliance. In the event of the Consultant's noncompliance with the
non- discrimination provisions of this Agreement, the City will impose such contract sanctions as it, the
Washington State Department of Transportation or the FHWA may determine to be appropriate,
including, but not limited to:
i. withholding payments to the Consultant under the Agreement until the contractor
complies; and/or
ii. cancelling, terminating, or suspending the Agreement, in whole or in part.
F. Incorporation of Provisions. The Consultant will include the provisions of paragraphs one
through six in every subcontract, including procurements of materials and leases of equipment, unless
exempt by the Acts, the Regulations and directives issued pursuant thereto. The Consultant will take
action with respect to any subcontract or procurement as the City or the FHWA may direct as a means
of enforcing such provisions including sanctions for noncompliance. Provided, that if the Consultant
becomes involved in, or is threatened with litigation by a subcontractor, or supplier because of such
direction, the Consultant may request the City to enter into any litigation to protect the interests of the
City. In addition, the Consultant may request the United States to enter into the litigation to protect
the interests of the United States.
28. Counterparts.
This Agreement may be executed in any number of counterparts, each of which shall constitute an
original, and all of which will together constitute this one Agreement.
29. Severability.
Any provision or part of this Agreement held to be void or unenforceable under any law or regulation
shall be deemed stricken and all remaining provisions shall continue to be valid and binding upon the
City and the Consultant, who agree that the Agreement shall be reformed to replace such stricken
provision or part with a valid and enforceable provision that comes as close as reasonably possible to
expressing the intent of the stricken provision.
IN WITNESS WHEREOF, the City and the Consultant have executed this Agreement as of the
dates listed below.
CONSULTANT
0
Title:
Date:
CITY OF PORT ORCHARD
0
Robert Putaansuu, Mayor
Date:
City of Port Orchard and Financial Consulting Solutions, Inc. dha FCS Group
Professional Service Agreement Contract No.
Sewer Rate Study
Updated 4/2022 IBDR
BACK TO AGENDA
ATTEST/AUTHENTICATE
Brandy Wallace, MMC, City Clerk
APPROVED AS TO FORM
Port Orchard City Attorney's Office
City of Port Orchard and Financial Consulting Solutions, Inc. dba FCS Group
Professional Service Agreement Contract No.
Sewer Rate Study
Updated 4/2022 IBDR
BACK TO AGENDA
EXHIBIT A
Scope of Services to be Provided by Consultant. The Consultant shall furnish services including, but
not limited to, the following outlined here.
City of Port Orchard and Financial Consulting Solutions, Inc. dha FCS Group
Professional Service Agreement Contract No.
Sewer Rate Study
Updated 4/2022 IBDR
BACK TO AGENDA
Firm Headquarters Established in 1988
•••> F CS GROUP Redmond Town Center Washington 1425.867.1802
• 7525166"h Ave NE, Ste D-215 Oregon 1503.841.6543
Solutions -Oriented Consulting Redmond, Washington 98052 Colorado 1719.284.9168
CITY OF PORT ORCHARD
SEWER RATE STUDY
The City of Port Orchard (City) reached out to FCS GROUP and requested a scope and budget for a
sewer utility rate study. Based on a discussion with City staff in April 2023, this study will include a
revenue requirement, cost -of -service, and rate design analysis, which are described in detail below:
Revenue requirement. A revenue requirement analysis identifies the total rate revenue needed to
fully fund a utility on a standalone basis considering current financial obligations including operating
expenditures, existing debt service, policy -driven commitments, and future capital project needs.
Percentage increases indicated by the revenue requirement could be applied "across-the-board",
which maintains the existing rate structure, or incorporated into a revised rate structure (see below).
Cost of service analysis. The cost -of -service analysis is the evaluation, based on available
engineering and customer information, of how a utility should recover costs from customer classes. If
the revenue requirement analysis determines the size of the pie, the cost -of -service analysis
determines how you slice it among customers. The results of a cost -of -service analysis will be
updated rates that proportionately charge utility customers based on the unique demands of each
customer class.
Rate design. This analysis includes the development of rate structures that generate sufficient
revenue to meet the utility's revenue requirement forecast in compliance with the cost -of -service
analysis and the City's pricing objectives. The City has indicated interest in a number of rate design
changes that would vary from an "across-the-board" approach:
• Single-family: Bill based on average winter water usage instead of a uniform fixed rate.
• Multi -family / Commercial: Bill based on metered water usage; the current structure has nearly
20 rate classifications and charges based on a variety of variables including the number of
students, number of seats in a restaurant, number of washing machines, or other surcharges based
on unique types of businesses. An alternative rate structure would likely result in a blend of fixed
and variable charges that would apply uniformly to the entire class.
• Fats, oils, and grease (FOG) surcharge: A subset of non-residential customers must participate in
a City -run FOG program; this program has staffing costs related to program administration,
inspections, etc. The City is interested in evaluating the merits of a monthly FOG surcharge
which would recover FOG program costs from this specific subset of customers.
The following task plan supports these analyses.
Task 1 1 Project Kick-off & Project Management
Once under contract, FCS GROUP will provide a data request and arrange for a kickoff meeting with
City staff to set a course for completing the work and to confirm the project understanding. This
project kickoff meeting will provide an opportunity for the project team to identify and discuss key
policy and technical issues to be addressed in the study, along with any data -related questions.
FCS GROUP will review and analyze the data received and identify any data limitations, gaps, or
issues of concern.
BACK TO AGENDA
City of Port Orchard
Sewer Utility Rate Study
Deliverables to include:
April 2023
page 2
• Request the necessary information needed to perform the study.
• Prepare for and participate in one (1) virtual project kickoff meeting with City staff.
• Provide a follow-up data request and ask clarifying questions as needed.
• Perform project set up activities, work paper documentation, internal scheduling and workload
planning, invoicing, client correspondence, and other miscellaneous tasks throughout the study.
Task 2 1 Revenue Requirement Forecast
The revenue requirement is the total amount of rate revenue needed to meet capital, operating, debt
service (if applicable), and policy -driven commitments. The result of the revenue requirement
analysis will be the recommended percentage rate adjustments, as applied to the current rate
structure, needed to meet the obligations of the utility.
• Operating Forecast. Forecast operating costs based on the most recent budget documents
available. Also, incorporate growth forecasts, integrate additional operating expenses, if any,
resulting from the capital program, and any other known changes in operational requirements.
• Capital Funding Strategy. Develop a capital funding strategy for the latest capital program. The
analysis will include an update of key variables such as project costs, project timing, potential
borrowing and financing options, and resulting cash flow and cash balances.
• Revenue Requirement Development.
» Integrate financial policies, capital financing impacts, and the operating forecast to develop
an annual financial forecast over the study period.
» Compare forecasted financial needs against forecasted revenue under the City's existing
adopted rate schedule to determine if additional rate adjustments might be needed to keep the
utility sufficiently funded throughout the study period.
• Up to three distinct scenarios for up to a twenty-year study period. Scenarios could be based on
capital plans that vary in cost, timing, and or in priority. Changes in service levels that impact
operating expenditures could also be considered if that data is provided by City staff; e.g.,
additional staffing and / or programmatic requirements to meet existing or anticipated regulatory
requirements or additional staffing requirements needed to execute the capital plan.
Deliverables to include:
• Revenue requirements analysis and model (electronic [Excel]).
• Up to three (3) distinct scenarios for up to a twenty-year study period.
• A monthly rate survey of up to six (6) jurisdictions in the region will be conducted.
• One (1) virtual review meeting with City staff to discuss the revenue requirement.
♦*:4 FCS GRDUP www.fcsgroup.com
BACK TO AGENDA
City of Port Orchard
Sewer Utility Rate Study
Task 3 1 Cost -of -Service Analysis (COSA)
April 2023
page 3
The cost -of -service analysis is the evaluation, based on available engineering and customer
information, of how the City should recover costs from customer classes. If the revenue requirement
analysis determines the size of the pie, the cost -of -service analysis determines how you slice it
among customers. The results of the cost -of -service analysis will be updated rates that equitably
charge utility customers based on the unique demands of their class. After we allocate the function
costs to customer classes, we can compare what the distribution of the rate burden should be
(according to the cost -of -service analysis) with what the distribution of the rate burden actually is
(according to recent billing data). It is a good time to review the City's cost -of -service analysis for
two reasons:
• The City has experienced robust growth in recent years, and
• The COSA is needed to inform rate design changes (Task 4).
Deliverables to include:
• Customer billing data analysis. To ensure the quality and reliability of the cost -of -service
analyses, FCS GROUP will examine the customer statistics provided for the sewer utility. This
task will include a "Price -Out" of rate revenue by customer class under existing rates to validate
the underlying customer data set for use in assessing cost of service shifts and designing rate
structures. This is a critical process in a cost -of -service rate study to provide the baseline for
analyzing the current distribution of costs by customer class in comparison to any indicated shifts
in the distribution of costs resulting from the cost -of -service analysis.
» Apply prevailing rates to the customer statistics and calculate revenues by customer class.
» These calculated revenues are tested against actual reported revenues by customer class to
determine if the underlying data set is valid.
» Depending on the initial outcome, this could include follow-up with City staff to determine
potential reasons for any significant discrepancies before moving forward with rate design.
• Functional Cost Allocation. Drawing upon Consultant and City staff s knowledge, planning
documents, and industry experience, apportion the annual revenue requirement to the major
functions of the sewer utility, which might include: customer, flow, biochemical oxygen demand
(BOD), and total suspended solids (TSS).
• Cost Classification. Establishes a rational relationship between functions (activities) and costs.
Each line item of the revenue requirement is allocated to each function based on how those
expenses serve the system. For example, utility billing costs and postage & freight are attributed
all to the customer function, while the salaries and benefits for an FTE might have some costs
allocated across multiple functions.
• Customer Class Distinctions. Identifies the customer classes that will be evaluated as part of the
study. Existing, as well as new or revised customer classes or class definitions, may be
considered. It is appropriate to group customers that exhibit similar usage characteristics and
service requirements.
• Cost Allocation to Customer Classes. Allocates the costs from the functional cost allocation to
different customer classes based on their unique demands for each service as defined through the
cost classification process. For example, the cost of serving the utility's customers is based on
the number of customer accounts, while the cost of providing services to support the treatment
�s�> FCS GRDUP www.fcsgroup.com
BACK TO AGENDA
City of Port Orchard
Sewer Utility Rate Study
April 2023
page 4
and handling of BOD in the system is based on sewer flow data weighted by that class's BOD
strength (if available; City staff may need to provide strength estimates by class). The results
identify shifts in cost recovery by customer class from that experienced under the existing rate
structure.
• Prepare for and attend one (1) virtual review meeting with City staff to discuss the COSA.
Task 4 1 Rate Design
Rate design is the third and final technical step in utility rate setting. The first two technical steps
(revenue requirement, Task 2, and the cost -of -service analysis, Task 3) provide the revenue targets
for rate design. The principal objectives of rate design are to implement rate structures that collect
the appropriate level of revenue and that are reasonably aligned with cost -of -service.
Based on discussions with City staff, and as summarized at the outset of this document, the following
rate design elements will be included:
1. Single-family: Eliminate uniform fixed charge; bill based on unique average winter water usage.
Using winter average avoids charging sewer volume charges based on summer irrigation water,
which does not enter the sewer system. There are a variety of approaches the City could consider,
such as the following:
a. Bill based on actual water usage each month, but have a year-round cap based on the
prior winter's monthly average water usage for each customer;
b. Bill based on actual water usage each month during winter months, but have a cap during
summer months only; or
c. Create a fixed charge unique to each customer based on the prior winter's monthly
average water use, then reset every twelve months.
The City will need to provide guidance on which approach most aligns with City policy
objectives and customer billing system capabilities.
2. Multi -family /commercial: Eliminate the —20-class structure; bill based on a fixed plus variable
rate structure, where the variable charge structure is based on actual metered water usage.
3. FOG surcharge. Develop a cost -based FOG program surcharge to recover the costs of the FOG
program from those customers that are served by this program.
Deliverables to include:
• Up to three (3) distinct rate design scenarios (as noted above).
• A comparison of customer bills will be generated describing the number of and degree to which
different sample customers are impacted by changes to the current rate structures.
• Prepare for and attend two (2) virtual review meetings with City staff to discuss rate design.
Task 5 1 Update Selected Miscellaneous Fees
The City also requested that FCS GROUP evaluate the cost to provide miscellaneous services and
calculate fees to recover those costs. Based on discussions with City staff, these types of fees are
likely to include, fire hydrant service, temporary service, meter rentals, delinquency notices, water
shutoff fees, water turn-off violations, utility system damage violation fine, after hours turn-
on/shutoff, notification to tenant of water shutoff per hold harmless agreement, and final billing
���> FCS GRDUP www.fcsgroup.com
BACK TO AGENDA
City of Port Orchard
Sewer Utility Rate Study
April 2023
page 5
closing requests. Additionally, City staff would like FCS GROUP to develop an hourly charge for
general labor and vehicle time.
For each type of fee, perform the following
• Develop staff time and materials cost estimates, by type of fee.
• Develop hourly rates for affected positions.
• Create an overhead factor, which could include departmental general management and
administrative time that can be allocated to an individual service fee.
• Calculate recommended fees.
We will rely on City staff to provide time estimates by fee, describe what staff works on each type of
fee service, and what types of material, equipment, and or vehicles are used for each service.
Deliverables to include:
• Calculate up to ten (10) miscellaneous fees.
• Develop a general hourly labor and vehicle charge.
• Prepare for and attend one (1) virtual review meeting with City staff to discuss charges.
Task 6 1 Utility Committee & Council Meetings
FCS GROUP will prepare for and meet with the Utility Committee and / or City Council up to three
times to present findings. The budget accounts for two virtual meetings and one onsite meeting.
Based on discussions with City staff, these meetings will likely be two (2) virtual Utility Committee
meetings and one (1) onsite City Council meeting.
Deliverables to include:
• Provide preliminary draft PowerPoint content to City for preliminary review.
• Provide draft and final PowerPoint content for City Council meetings (electronic [PowerPoint]).
• Participate in up to two (2) virtual Utility Committee and / or City Council meetings.
• Participate in up to one (1) onsite Utility Committee and / or City Council meeting.
Task 7 1 Documentation
FCS GROUP will document findings in a comprehensive study report, and provide a copy of the
spreadsheet analyses for future use by City staff. Typically, the report is completed after the City
Council meeting, which allows the written report to reflect decisions made by the City Council.
• Draft Report. After completing the analytical tasks, FCS GROUP will provide a draft report for
City review. The preliminary draft report will summarize the methodology and analysis
undertaken in completing the project, the results and conclusions of the study, and noted
recommendations.
• Final Report. Upon receipt of comments from the City, FCS GROUP will incorporate the
comments, as appropriate, into a Final Report to be submitted to the City. FCS GROUP will
submit one electronic copy in both Word and/or PDF formats.
• Spreadsheet Model. FCS GROUP will deliver a final copy of the Excel -based spreadsheet model
for City use. The models will provide for 1) evaluation of revenue and cost changes on rates, 2)
analysis of fiscal policy implementation options, 3) analysis of changes in economic and
���> FCS GRDUP www.fcsgroup.com
BACK TO AGENDA
City of Port Orchard
Sewer Utility Rate Study
April 2023
page 6
financial indicators, 4) rate smoothing, and 5) variances to any other key rate study inputs
including the capital plan, the operating budget, etc.
Deliverables to include:
• Provide draft & final rate study report (electronic [Word and/or PDF]).
• Provide final analytical model (electronic [Excel]).
SCHEDULE
The timeframe for completing the study will depend on various factors including the timeliness of
receiving data, the relative quality and completeness of data, and the ability to schedule meetings in a
timely manner. A study schedule will be developed in collaboration with the project team as part of
the initial kick-off meeting.
The City's bimonthly sewer rates have not been updated since 2020. While the City would like to
have updated rates approved in time to implement January 1, 2024, the study might not be completed
by then. In order to have a January 1, 2024 rate resolution approved by the City Council, we likely
need to be presenting to the Utility Committee and City Council in October and November. During
discussions with City staff, they did not anticipate that this contract would be approved until the
middle of June. For planning purposes, we anticipate that a study of this type would require 6-8
months to complete after receiving data, which would result in meeting with the Utility Committee
and City Council December 2023 through February 2024.
We are currently experiencing a high demand for our services. We take our relationships and the
quality of our deliverables seriously and want to ensure that we offer the City the appropriate amount
of time to develop thoughtful analysis and a complete set of options to inform the City's future
decisions. We will work to expedite the project schedule should workload allow. We thank you for
your consideration.
1 project Kick-off & project Management
2 Revenue Requirement Forecast
3 Coat -of -Service Analysis
4 Rate Design
5 Update Selected Miscellaneous Fees
6 Utility Committee and City Council Meetings
7 Documentation
2023 2024
Staff Comitlee I
Meeing Council
Presentatlon
•:;> FCS GRDUP
Report,
www.fcsgroup.com
BACK TO AGENDA
EXHIBIT B
Rates for Services to be Provided bV Consultant. The Consultant shall furnish the services in accordance
with the rates specified below, as Exhibit B.
City of Port Orchard and Financial Consulting Solutions, Inc. dha FCS Group
Professional Service Agreement Contract No.
Sewer Rate Study
Updated 4/2022 IBDR
BACK TO AGENDA
City of Port Orchard April 2023
Sewer Utility Rate Study page 7
BUDGET
The table below summarizes our estimated cost to complete the task plan. This includes a project
contingency to address unforeseen issues during this study and will only be utilized upon written
request by the City. The detailed estimates by task are for planning purposes only - the "not to
exceed" amount refers to the total contract, not any given task.
Task 1 Project Kick-off & Project Management
Data request & follow-up
Project kickoff meeting (1) virtual
Project administration
Task 2 Revenue Requirement Forecast
Update operating forecast
Develop updated capital funding strategy
Revenue requirement scenarios
Rate survey
Staff review meeting (1) virtual
Task 3 Cost -of -Service Analysis
Customer billing data analysis
Functional cost allocation
Cost classification
Customer class distinction
Cost allocation to customer classes
Staff review meeting (1) virtual
Task 4 Rate Design
Alternative rate design alternatives (three)
Staff review meeting (2) virtual
Task 5 Update Selected Miscellaneous Fees
Develop staff time & materials cost estimates
Develop hourly rate for affected positions
Updated overhead factor
Calculate recommended fees (up to 10)
Develop general hourly labor and vehicle rate
Staff review meeting (1) virtual
Task 6 Utility Committee and City Council Meetings
Presentation materials
Utility Committee Meetings (2) virtual
City Council meetings (1) onsite
Task 7 Documentation
Staff review meetings notes
Draft report
Final report
Spreadsheet model
Contingency
Only if authorized in wrifing by City staff
;> FCS GRDUP
2 4
2 2 2
1 6
2 8
2 12
1 8 34
1 2
2 2 2
4 32
1 2 4
1 2 6
1 1 2
1 1 8
2 2 2
2 8 24
4 4 4
3
2
12
1
6
1 1
8
1 4
10
1 2
1 1
4
1
2 8
16 1
4 4
4
10 10
2
2
4
2 4
26
1 2
4 1
2
4 1
2 6
16 1
6 $ 1,220
6 1,430
10 1,945
$ 4,595
10 1,980
14 2,740
43 8,595
3 610
6 1,430
$ 15,355
EV
36 $ 7,000
7 1,515
9 1,895
4 905
10 2,045
6 1,430
$ 14,790
34 $ 6,990
12 2,860
$ 9,850
14 $ 2,740
7 1,370
10 2,045
15 3,115
7 1,515
3 715
$ 11,500
27 $ 5,560
12 2,860
22 5,630
$ 14,050
6 $ 1,220
32 6,450
8 1,605
7 1,310
$ 10,585
25 $ 5,100
www.fcsgroup.com
BACK TO AGENDA
APPENDIX A
During the performance of this Agreement, the Consultant, for itself, its assignees, and successors in
interest agrees to comply with the following non-discrimination statutes and authorities; including
but not limited to:
Pertinent Non -Discrimination Authorities:
• Title VI of the Civil Rights Act of 1964 (42 U S.C. § 2000d et seq., 78 stat. 252), (prohibits
discrimination on the basis of race, color, national origin); and 49 C.F.R. Part 21.
• The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42
U.S.C. § 4601), (prohibits unfair treatment of persons displaced or whose property has been
acquired because of Federal or Federal -aid programs and projects);
• Federal -Aid Highway Act of 1973, (23 U.S.C. § 324 et seq.), (prohibits discrimination on the
basis of sex);
• Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. § 794 et seq.), as amended, (prohibits
discrimination on the basis of disability); and 49 C.F.R. Part 27;
• The Age Discrimination Act of 1975, as amended, (42 U S.C. § 6101 et seq.), (prohibits
discrimination on the basis of age);
• Airport and Airway Improvement Act of 1982, (49 USC§ 471, Section 4 7123), as amended,
(prohibits discrimination based on race, creed, color, national origin, or sex);
• The Civil Rights Restoration Act of 1987, (PL 100-209), (Broadened the scope, coverage and
applicability of Title VI of the Civil Rights Act of 1964, The Age Discrimination Act of 1975 and
Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms
"programs or activities" to include all of the programs or activities of the Federal -aid
recipients, sub- recipients and contractors, whether such programs or activities are Federally
funded or not);
• Titles II and III of the Americans with Disabilities Act, which prohibit discrimination on the
basis of disability in the operation of public entities, public and private transportation systems,
places of public accommodation, and certain testing entities (42 U.S.C. §§ 12131-12189) as
implemented by Department of Transportation regulations at 49 C.P.R. parts 37 and 38;
• The Federal Aviation Administration's Non-discrimination statute (49 U.S.C. § 47123)
(prohibits discrimination on the basis of race, color, national origin, and sex);
• Executive Order 12898, Federal Actions to Address Environmental Justice in Minority
Populations and Low -Income Populations, which ensures discrimination against minority
populations by discouraging programs, policies, and activities with disproportionately high
and adverse human health or environmental effects on minority and low-income populations;
City of Port Orchard and Financial Consulting Solutions, Inc. dha FCS Group
Professional Service Agreement Contract No.
Sewer Rate Study
Updated 4/2022 IBDR
BACK TO AGENDA
• Executive Order 13166, Improving Access to Services for Persons with Limited English
Proficiency, and resulting agency guidance, national origin discrimination includes
discrimination because of limited English proficiency (LEP). To ensure compliance with Title VI,
you must take reasonable steps to -ensure that LEP persons have meaningful access to your
programs (70 Fed. Reg. at 74087 to 74100);
• Title IX of the Education Amendments of 1972, as amended, which prohibits you from
discriminating because of sex in education programs or activities (20 U.S.C. 1681 et seq).
City of Port Orchard and Financial Consulting Solutions, Inc. dha FCS Group
Professional Service Agreement Contract No.
Sewer Rate Study
Updated 4/2022 IBDR
BACK TO AGENDA
Chapter 13.07
CROSS -CONNECTION CONTROL
Sections:
13.07.010
Purpose.
13.07.020
Definitions.
13.07.030
Code authority and enforcement.
13.07.040
Policy.
13.07.050
Minimum protection.
13.07.060
Risk assessment survey.
13.07.070
New construction.
13.07.080
Existing buildings, structures and grounds.
13.07.090
Records and reports.
13.07.100
Enforcement.
13.07.110
Other remedies.
13.07.120
Indemnification.
13.07.010 Purpose.
The purpose of the city of Port Orchard cross -connection control program is to protect the public
water system from contamination via cross -connections and backflow incidents.
13.07.020 Definitions.
Except where specifically designated herein, all words used in this chapter and the cross -
connection control program shall carry their customary meanings. Words used in the present
tense include the future, and plural includes the singular. The word "shall" is always mandatory;
the word "may" denotes a use of discretion in making a decision. Any definition not found in this
section will take its meaning from the Washington Administrative Code (WAC) (Chapter 246-
290 WAC), as amended, or the most recent edition of the Manual of Cross -Connection Control
published by the Foundation for Cross -Connection Control and Hydraulic Research, University
of Southern California.
(1) "Air gap" means a physical separation between the free -flowing end of a potable water
supply pipeline and the overflow rim of an open or non -pressurized receiving vessel. To qualify
as an air gap approved by the city, the separation must be at least:
(a) Twice the diameter of the supply piping measured vertically from the overflow rim of the
receiving vessel, and in no case be less than one inch, when unaffected by vertical surfaces
(sidewalls); or
(b) Three times the diameter of the supply piping if the horizontal distance between the
supply pipe and a vertical surface (sidewall) is less than or equal to three times the diameter
of the supply pipe, or if the horizontal distance between the supply pipe and intersecting
vertical surfaces (sidewalls) is less than or equal to four times the diameter of the supply pipe
and in no case less than one and one-half inches.
10680515.2 - 366922 - 0001
BACK TO AGENDA
(2) "Authorized agent" means any person who:
(a) Makes decisions regarding the operation and management of the public water system
whether or not engaged in the physical operation of the system;
(b) Makes decisions whether to improve, expand, purchase, or sell the system; or
(c) Has discretion over the finances of the system or is designated by an authorized agent as
described above.
(3) "Backflow" means the undesirable reversal of flow of water or other substances through a
cross -connection into the public water system or customer's potable water system.
(4) `Backflow assembly tester" means a person holding a valid backflow assembly tester (BAT)
certificate issued in accordance with WAC 246-292-490.
(5) "Backflow preventer" means an air gap, backflow prevention assembly, or atmospheric
vacuum breaker.
(6) `Backflow prevention assembly" means a device, combination of devices, or equipment of
make, model, and size that is approved by the city for use to prevent backflow to the city's public
water system. Backflow prevention assemblies include, but may not be limited to:
RPBA — Reduced pressure backflow
assembly;
RPDA — Reduced pressure detector
assembly;
DCVA — Double check valve assembly;
DCDA — Double check detector assembly;
PVBA — Pressure vacuum breaker
assembly;
SVBA — Spill -resistant vacuum breaker
assembly;
AVB — Atmospheric vacuum breaker.
(7) "Back -pressure" means pressure caused by a pump, elevated tank or piping, boiler, or other
means on the customer's side of the service connection that is greater than the pressure provided
by the public water system, and which may cause backflow.
(8) "Back-siphonage" means backflow due to a reduction in system pressure in the city's
distribution system and/or customer's water system.
(9) "Combination fire protection system" means a fire sprinkler system that:
(a) Is supplied only by the city's water system; and
(b) Does not have a fire department pumper connection; and
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(c) Is constructed of approved potable water piping and materials that serve both the fire
sprinkler system and the customer's potable water system.
(10) "Contaminant" means a substance present in drinking water that may adversely affect the
health of the customer or the aesthetic qualities of the water.
(11) "Cross -connection" means any actual or potential physical connection between the public
water system or the customer's water system and any source of non -potable liquid, solid, or gas
that could contaminate the potable water supply by backflow.
(12) "Cross -connection control program" means the administrative and technical procedures the
city implements to protect the public water system from contamination via cross -connections, as
required in WAC 246-290-490.
(13) "Cross -connection control specialist (CCS)" means a person holding a valid Washington
State cross -connection control specialist certificate issued in accordance with Chapter 246-292
WAC.
(14) "Cross -connection control summary report" means the annual report required by the
Washington State Department of Health, Office of Drinking Water, that describes the status of
the city's cross -connection control program.
(15) "Customer" means any person receiving water from a public water system from either the
meter, or the point where the service line connects with the distribution system, if no meter is
present. For purposes of cross -connection control, "customer" means the owner or operator of a
water system connected to a public water system through a service connection.
(16) "Customer's water system," as stated in WAC 246-290-490, means any potable and/or
industrial water system that begins at the public water system point of delivery; that is, at the
immediate downstream side of the water meter or connection, and is located on the customer's
premises. The customer's water system includes all auxiliary sources of supply, storage,
treatment, and distribution facilities, piping, plumbing, and fixtures under the control of the
customer.
(17) "Department" means the Washington State Department of Health, Office of Drinking
Water, or health officer as identified in a joint plan of operation in accordance with WAC 246-
290-030.
(18) "Direct service connection" means a service hookup to a property that is contiguous to a
water distribution main and where additional mains or extensions are not needed to provide
service.
(19) "Distribution system" means all piping components of a public water system that serve to
convey water from transmission mains linked to source, storage and treatment facilities to the
customer, excluding individual services.
(20) "City" means the City of Port Orchard or the City of Port Orchard water utility.
(21) "Flow -through fire protection system" means a fire sprinkler system that:
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(a) Is supplied only by the city's water; and
(b) Does not have a fire department pumper connection; and
(c) Is constructed of approved potable water piping and materials to which sprinkler heads
are attached; and
(d) Terminates at a connection to a toilet or other plumbing fixture that provides regular use
to prevent the water from becoming stagnant.
(22) "Health hazard" means any condition, device, or practice in a water supply system and/or its
operation that creates or may create a danger to the health and well-being of a customer.
(23) "Health officer" means the health officer of the Kitsap County health department, or an
authorized representative.
(24) "High health cross -connection hazard" means a cross -connection that could impair the
quality of potable water and create an actual public health hazard through poisoning or spread of
disease by sewage, industrial liquids or waste.
(25) "In -premises protection" means a method of protecting the health of customers served by
the customer's potable water system, located within the property lines of the customer's premises
by the installation of an approved air gap or backflow prevention assembly at the point of hazard,
which is generally a plumbing fixture.
(26) "Local administrative authority" means the local official, board, department, or agency
authorized to administer and enforce the provisions of the Uniform Plumbing Code as adopted
under Chapter 19.27 RCW (WAC 51-46-0603).
(27) "Low health cross -connection hazard" means a cross -connection that could cause an
impairment of the quality of potable water to a degree that does not create a hazard to the public
health but does adversely and unreasonably affect the aesthetic qualities of such potable water
for domestic use.
(28) "Potable" means water suitable for drinking by the public and meeting the requirements of
the Safe Drinking Water Act and state of Washington Department of Health.
(29) "Premises isolation" means a method of protecting a public water system by installation of
approved air gaps or approved backflow prevention assemblies at or near the service connection
or alternative location acceptable to the city to isolate the customer's water system from the
city's public water system.
(30) "Plumbing hazard" means a cross -connection in a customer's potable water system that may
permit back-siphonage in the event of a negative pressure in the supply line.
(31) "Public water system" means as defined and referenced under WAC 246-290-020.
(32) "Purchased source" means water a purveyor purchases from a public water system not under
the control of the city for distribution to the city's customers.
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(33) "Purveyor" means an agency, subdivision of the state, municipal corporation, firm,
company, mutual or cooperative association, institution, partnership, person, or other entity
owning or operating a public water system. "Purveyor" also means the authorized agents of such
entities.
(34) "Regional public water supplier" means a water system that provides drinking water to one
or more public water systems.
(35) "Resident" means an individual living in a dwelling unit served by a public water system.
(36) "Service connection" means a connection to a public water system designed to provide
potable water to a single-family residence, or other residential or nonresidential population.
(37) "System hazard" means a threat to the physical properties of the public or the customer's
potable water system by a material not dangerous to health but aesthetically objectionable that
would have a degrading effect on the quality of the potable water in the system.
(38) "Unapproved auxiliary water supply" means a water supply (other than the city's water
supply) on or available to the customer's premises that is either not approved for human
consumption by the health agency having jurisdiction, or is not otherwise acceptable to the city.
(39) "Used water" means water that has left the control of the city, typically through a service
connection meter or use from a city hydrant.
13.07.030 Code authority and enforcement.
Enforcement of this cross -connection control program in the area served by the city water utility
will be in accordance with this chapter and WAC 246-290-490, as amended. For water utility
customers outside of Port Orchard city limits, the provisions of this chapter shall be enforced as
water utility policy, to the extent allowed by law.
13.07.040 Policy.
This policy shall provide for the permanent abatement or control of cross -connections to the
potable water system of the city of Port Orchard. Where it is infeasible to find, eliminate, or
permanently control cross -connections to the water system, and when it is mandated by WAC
246-290-490 or deemed necessary by a city CCS, there shall be installed at the city water service
connection and prior to any branch connections an approved backflow preventer commensurate
with the degree of hazard posed by the customer's water system upon the public water system.
13.07.050 Minimum protection.
(1) All backflow preventers used for cross -connection control to protect the city of Port Orchard
water system shall be identified on the current list of approved backflow prevention assemblies
developed by the Washington State Department of Health, Office of Drinking Water, as
amended. Backflow prevention assemblies not identified on the Office of Drinking Water list of
approved assemblies, but approved by another public water system in the state of Washington,
may be considered for approval on a case -by -case basis by the city, who shall have the sole
discretion to approve or disapprove use of the proposed backflow prevention assembly.
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(2) All backflow preventers used to protect the public water system from potential premises
hazards shall be installed downstream of connections to the public water system and prior to any
branch connections, as determined by the city CCS.
(3) The following methods of cross -connection control are the minimum protection required at
the water service connection at the property line to protect the public water system from potential
hazards on the premises:
(a) All premises listed under WAC 246-290-490(4)(b)(i), (ii), (iii) and (Table 13, formerly
codified as Table 9) shall require installation of an air gap or a reduced pressure backflow
assembly.
(b) All premises on which material that may be dangerous to health is stored, handled, or
processed, and which, in the assessment of a city CCS, poses a potential high health cross -
connection hazard to the public water system, shall require installation of an air gap or a
reduced pressure backflow assembly.
(c) All premises where entry is restricted such that inspection for cross -connections cannot
be made with sufficient frequency or at sufficient short notice to assure that cross -
connections do not exist and the risk of cross -connection hazards is low shall require an air
gap or a reduced pressure backflow assembly.
(d) All premises having a repeated history of cross -connections being established or re-
established shall require an air gap or a reduced pressure backflow assembly.
(e) All premises that have an auxiliary water supply on or available to the customer's
premises shall require an air gap or a reduced pressure backflow assembly.
(f) All premises that have internal cross -connections that are not correctable or which have
complex plumbing arrangements that make it impractical to ascertain whether or not cross -
connections exist shall require an air gap or a reduced pressure backflow assembly.
(g) All premises that have a heat exchanger or a solar hot water system shall require a risk
assessment inspection by a city CCS to determine the level of backflow protection required.
(h) All fire systems that may contain chemical additives, including food -grade additives,
shall require a reduced pressure backflow assembly or reduced pressure detector assembly.
(i) All premises that pose a high probability of changes in the use of water by tenants, such
as but not limited to shopping malls or strip malls, shall require a backflow assembly
commensurate with the degree of hazard.
0) All fire systems with no chemical additives shall require a double check valve assembly
or double check detector assembly.
(k) All premises where cross -connections are unavoidable or not correctable, such as but not
limited to tall buildings (over 30 feet) or water booster pump systems, shall require a double
check valve assembly unless other hazards on the premises require a higher level of
backflow protection.
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(4) The control of cross -connections requires cooperation between the water purveyor, the local
administrative authority, the health officer and the customer (consumer).
(a) WAC 246-290-490(1)(d): The purveyor's responsibility for cross -connection control
shall begin at the water supply source, include all the public water treatment, storage, and
distribution facilities, and end at the point of delivery to the customer's water system, which
begins at the downstream end of the service connection or water meter located on the public
right-of-way or utility -held easement.
(b) WAC 246-290-490(1)(e): Under the provisions of this section, purveyors are not
responsible for eliminating or controlling cross -connections within the customer's water
system. Under Chapter 19.27 RCW, the responsibility for cross -connections within the
customer's water system, i.e., within the property lines of the customer's premises, falls
under the jurisdiction of the local administrative authority.
(c) WAC 246-290-490(2)(d): The purveyor shall coordinate with the local administrative
authority in all matters concerning cross -connection control. The purveyor shall document
and describe such coordination, including delineation of responsibilities, in the written cross -
connection control program required in WAC 246-290-490(2)(e).
(5) A city CCS shall make available to all local administrative authorities information
maintained in the city cross -connection control program files, which may include, but is not
limited to:
(a) A master list of all premises that have been isolated from the city water system in
accordance with the city's cross -connection control program;
(b) Information concerning any internal cross -connections that come to the attention of a city
CCS during risk assessment evaluations of premises; and
(c) Notification of any termination of water service for failure to comply with the
requirements of WAC 246-290-490 or the city's cross -connection control program.
13.07.060 Risk assessment survey.
(1) A risk assessment survey for cross -connections and sanitary hazards requires a water use
evaluation of new and existing buildings, structures, and grounds to determine the degree of
potential health hazard risk to the public water system. While assessing the risk of contamination
of the public water system, if the degree of hazard posed by a substance or process is unknown,
the city must assume the hazard is high. Almost all substances other than potable water under the
city's control are considered to be a health hazard to some degree.
(2) Factors to consider while determining the level of probability that a cross -connection may
occur include:
(a) The probability increases that an existing cross -connection will go undetected as the
complexity of a piping system increases.
(b) Piping changes will create new cross -connections or change the operating risk from
back-siphonage to back -pressure conditions.
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(c) A backflow preventer could be bypassed or removed from service.
(d) A material stored, handled, or processed could be changed or increased in strength.
(e) A material stored or handled may deteriorate, thus becoming a health hazard.
(f) A material, when combined with the chemicals in the potable water supply or when
exposed to certain piping material, may react and form a compound that poses a health
hazard, such as CO2 mixing with water to form carbolic acid, an acid that leaches copper
from service pipes.
(g) A material that, if it contains a bacteriological contaminant, could become a health
hazard long after it enters the potable water supply, through bacteria regrowth. (Ord. 3208 §
1, 2012).
13.07.070 New construction.
(1) Risk assessments for new construction shall be conducted as outlined below: Upon
application for a water service connection, a city CCS shall review the application and determine
the risk posed to the public water system by the customer's water system. A city CCS shall
classify the water service connection as either a high health hazard cross -connection, a low
health hazard cross -connection, or no health hazard cross -connection, and shall specify the need
for and identify the type of backflow protection required (if applicable) for premises isolation
backflow protection. When deemed necessary, a city CCS shall request the city's engineering
division or local administrative authority to require a detailed plan and specification for the
plumbing installation in order to facilitate risk assessment review of the water use at the
property.
(2) A city CCS shall review all water system related plans and specifications to:
(a) Assess the actual or potential health hazard or contamination risk to the public water
system.
(b) Assess the complexity of any existing and/or proposed water piping system.
(c) Assess the probability of cross -connections within a customer's water system.
(d) Determine what cross -connections might constitute acceptable risks.
(e) Determine the reliability required of any backflow prevention assembly utilized within a
facility or mandated for premises isolation.
(f) Assess the actual or potential use and/or availability of any unapproved auxiliary water
supply systems.
(g) Assess the storage and handling of material dangerous to health and toxic substances
that, if introduced into the water system, would constitute a water system, plumbing, or
health hazard.
(3) If it is determined that any of these conditions will exist, a city CCS shall advise the customer
in writing that such cross -connections exist and may, as a courtesy, offer technical guidance in
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eliminating or controlling such cross -connections. If a city CCS determines that the customer's
water system represents a potential health hazard risk to the city water system, such as, but not
limited to, WAC 246-290-490(4)(b)(Table 13, formerly codified as Table 9) facilities and/or
systems, a backflow preventer commensurate with the assessed degree of hazard shall be
required for premises isolation at the water service connection, notwithstanding any point of
hazard, point of use, or fixture protection existing or proposed within the property lines of the
premises.
(4) Backflow preventers, when required, shall be installed and tested before the water service is
activated. A city CCS shall advise the customer that it is the customer's responsibility to install
the backflow preventer and have it tested by a Washington State certified backflow assembly
tester (BAT) prior to use of the water service, and that annual testing and documentation is
required thereafter. A city CCS shall attend and witness the initial test of all backflow assemblies
installed for premises protection. It is the responsibility of the customer to contact a city CCS
and coordinate an appointment time for a city CCS to attend and witness the required test of a
backflow assembly (24-hour advance notice is required). (Ord. 3208 § 1, 2012).
13.07.080 Existing buildings, structures and grounds.
(1) A city CCS shall evaluate all high health hazard premises, all commercial and/or industrial
premises, all premises with fire systems, all premises with water systems using booster pumps,
and all premises with buildings 30 feet or more in height to ensure premises isolation backflow
protection has been provided at the water service connection. Premises to be evaluated shall be
selected in order from an established list prioritized by expected degree of health hazard and/or
risk of contamination. Premises not on the established priority list that come to the attention of a
city CCS, and upon evaluation are determined deficient in required premises isolation backflow
protection, shall be brought into current compliance without regard to any established priority
list. Residential properties will not be routinely inspected unless those properties come to the
attention of a city CCS and are identified to pose a potential health hazard risk to the city water
system.
(2) The initial evaluation of existing facilities shall proceed according to the following steps:
(a) A priority list shall be established using existing water service records, telephone
directory yellow page listings, and other resources as beneficial.
(b) Beginning with the highest rated health hazard on the program's priority list, a city CCS
shall make a risk assessment evaluation of each property for actual or potential cross -
connections and/or any conditions that might tend to contaminate the city water system.
(c) Upon completion of the risk assessment evaluation, a city CCS shall determine whether
premises isolation backflow protection is required, and shall determine the level of
protection required commensurate with the assessed degree of hazard.
(d) A city CCS shall prepare an evaluation that includes, but is not limited to, the following:
(i) A list of all cross -connections found, their locations, and any optional methods of
elimination or control.
(ii) Any applicable drawings, sketches, blueprints, or photos.
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(iii) A summary of the findings, recommendations and requirements for corrective
actions.
(e) A city CCS shall notify the customer, in writing, of the city's requirement for premises
isolation backflow protection. The letter shall include the requirements for corrective actions
and a corrective action completion date.
(f) Corrective action by the customer must be completed within 30 days in most cases.
Where existing cross -connections pose an immediate threat to public health and the city's
water system, a city CCS may require immediate corrective action and may terminate water
service until required backflow prevention is installed and tested. For cross -connections that
are complex and may require additional time to design and install, a city CCS may allow up
to 90 days to complete corrective action.
(3) On the specified corrective action completion date, a city CCS shall inspect the customer's
facility to determine if the corrective actions have been completed. If the corrective actions have
been completed, a city CCS shall inspect each required premises isolation backflow assembly
located at the city water service connections to the property. If the corrective actions are in
progress but more time is required for completion, a new completion date may be set by a city
CCS. If corrective actions have been disregarded, the city shall take appropriate corrective action
within its authority, up to and including denying or discontinuing water service to a customer's
premises until the cross -connection hazard is eliminated or controlled to the satisfaction of the
city.
(4) The city's corrective action may include, but is not limited to:
(a) Denying or discontinuing water service to a customer's premises until the cross -
connection hazard is eliminated or controlled to the satisfaction of a city CCS.
(b) Requiring the customer to install an approved backflow preventer for premises isolation
commensurate with the degree of hazard.
(c) Contracting with a properly licensed and certified company or individual to install an
approved backflow preventer for premises isolation commensurate with the degree of
hazard. The cost of installation and testing, plus a 20 percent administrative fee, shall be
added to the customer's water bill.
(5) Reinspection of premises isolation for each premises subject to corrective action may be
performed annually, or more often if the degree of hazard so indicates, or whenever there is a
change in the use of the premises.
(6) The city shall ensure that inspections and/or tests of backflow prevention facilities are
conducted:
(a) At the time of installation.
(b) Annually after installation, or more frequently, if required by the city for connections
serving premises or systems that pose a high health cross -connection hazard or for
assemblies that repeatedly fail.
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(c) After a backflow incident.
(d) After an assembly is repaired, reinstalled, or relocated or an air gap is replumbed.
13.07.090 Records and reports.
(1) The City of Port Orchard's cross -connection control program files shall include files for each
customer requiring the installation of a premises isolation backflow prevention assembly. A
computer software database may be utilized for compiling and extracting information required
for tracking compliance as well as Department of Health annual reporting.
(2) The following information shall be maintained in each file:
(a) Copies of all correspondence with customer relative to cross -connection control.
(b) Copies of evaluation reports, complete with field drawings (if applicable).
(c) Copies of all completed backflow assembly test report forms.
(d) Copies of all reports or correspondence pertaining to enforcement action, cross -
connections, or backflow incidents. (Ord. 3208 § 1, 2012).
13.07.100 Enforcement.
Unprotected cross -connections which are declared by this Chapter to be unlawful, whether
presently existing or hereinafter installed, as well as any customer who has violated or is
continuing to violate any provision of this chapter, or an order issued hereunder, are hereby
declared to be public nuisances. In addition to any other provisions of the Port Orchard
Municipal Code pertaining to abatement of public nuisances, and in addition to any other
enforcement methods authorized by an ordinance of the City or local or state law, these
violations may be subject to abatement and enforcement through any of the following methods
(at the discretion of the Director or designee):
(1) Notice of Violation. Whenever the city finds that any customer has violated or is continuing
to violate any provision of this chapter, or an order issued hereunder, the city may serve upon
such customer a written notice of the violation that will include a minimum of an additional 10
days to comply and notification that water services will be terminated on the next business day
following the specified due date. Nothing in this section shall limit the authority of the city to
take any action, including emergency actions or any other enforcement action, without first
issuing a notice of violation.
(2) Compliance Orders. Whenever the city finds that a customer has violated, or continues to
violate, any provision of this chapter, or order issued hereunder, the city may issue a compliance
order to the customer responsible for the violation. This order shall direct that the cross -
connection be eliminated or protected with an approved backflow prevention assembly and that
the assembly be installed and properly operated and maintained. The order shall specify that
water services shall be discontinued and/or applicable penalties imposed unless, following a
specified time period, the directed actions are taken. A compliance order may not extend the
deadline for compliance beyond any applicable state or federal deadlines, nor does a compliance
order release the customer from liability from any past, present, or continuing violation(s).
Issuance of a compliance order shall not be a prerequisite to taking any other action against the
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customer. Failure to comply with any terms or requirements of a compliance order by a customer
shall be an additional and independent basis for termination of water services or any other
enforcement action authorized under this chapter and deemed appropriate by the city.
(3) Cease and Desist Orders. The city may issue a cease and desist order upon finding a customer
has or is violating this chapter. The decision to issue a cease and desist order shall consider the
likelihood that a customer's violations could cause a severe threat to the public water system.
The order issued by the city will direct the customer to cease and desist all such violations and
to: (a) immediately cease such actions creating a cross -connection; (b) comply with all
applicable cross -connection control standards and requirements; (c) take such appropriate action
as may be needed to properly address a continuing or threatened violation, including halting
operations. Issuance of a cease and desist order shall not be a bar against, or prerequisite for,
taking any other action against the customer.
(4) Recovery of Costs Incurred by the City. Any customer violating any of the provisions of this
chapter or who creates or maintains a cross -connection without an approved, operational
backflow prevention assembly shall be liable to the city for any expense, loss, fines, or damage
caused by such violation or backflow incident. The city will bill the customer for the cost
incurred by the city for any cleaning, repair, replacement work, or other damages caused by the
cross -connection. Refusal to pay the assessed costs shall constitute a violation of this chapter
enforceable under the provisions of this section and POMC Chapter 20.02.
(5) Noncompliance Fines. Notwithstanding any other section of this chapter, any customer found
by the city to have violated any provision of this chapter, or orders issued hereunder, shall be
fined in an amount not to exceed $1,000 per violation. Each day on which noncompliance shall
occur or continue shall be deemed a separate and distinct violation. Such assessments will be
billed separately from the utility billing for services. Unpaid charges, fines, and penalties shall be
sent to collections. Issuance of an administrative fine shall not be a prerequisite for taking any
other action against the customer.
(6) Termination of Water Services. The city shall have authority to terminate water services to
any customer upon determining that such customer has: (a) refused access allowed by this
chapter thereby preventing the implementation of any purpose of this chapter; (b) violated any
provision of this chapter including failure to install or test a backflow assembly; or (c) violated
any lawful order of the city issued with respect to this chapter. The city will attempt to provide
reasonable notice to tenants and owners prior to water service being terminated, but if the city
determines the cross -connection or other violation of this code presents an imminent and serious
threat to the public water system, the city may immediately terminate the customer's water
service, the notice and appeal rights set forth herein notwithstanding. Service will be restored
after the customer has made arrangements to come into compliance and paid a
disconnect/connect charge, as established in POMC 13.04.050. If a customer makes
arrangements for compliance and payment after 4:30 p.m., the water will not be reconnected
until the next morning. If a customer wishes to have their water reconnected after 4:30 p.m., they
will be charged after-hours rates per POMC 13.04.055.
13.07.110 Other remedies.
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(1) Injunctive Relief. When the city finds that a customer has violated (or continues to violate)
any provision of this chapter or order issued hereunder, or any other cross -connection control
standard or requirement, they may petition the superior court of Kitsap County through the city
attorney for the issuance of a temporary or permanent injunction, as appropriate. Such injunction
shall restrain or compel specific compliance with an order, or other requirement imposed by this
chapter on activities of the customer. The city may also seek such other action as is appropriate
for legal and/or equitable relief. A petition for injunctive relief shall not be a bar against, or a
prerequisite for, taking any other action against a customer.
(2) Civil Penalties. A customer who has violated or continues to violate any provision of this
chapter, an order issued hereunder, or any other cross -connection control standard shall be liable
to the city for a civil penalty of at least $1,000 per violation but not more than $10,000 per
violation. Each day upon which a violation occurs or continues shall constitute a separate
violation. In the case of noncompliance, penalties shall accrue for each day during the period of
such noncompliance. In addition to the penalty amounts assessable above, the director may
recover reasonable attorneys' fees, court costs, and other expenses associated with compliance
and enforcement activities authorized under this chapter. This shall include recovery of costs for
sampling and monitoring, and the cost of any actual damages incurred by the city. The city shall
petition the superior court of Kitsap County to impose, assess, and recover such sums. When
recommending the amount of civil liability, the public works director shall consider all relevant
circumstances, including, but not limited to, the extent of harm caused by the violation, the
magnitude and duration, any economic benefit gained through the customer's violation,
corrective actions by the customer, the compliance history of the customer, and any other factor
as justice requires, and shall present this analysis as evidence in support of the recommended
penalty. Filing a suit for civil penalties shall not be a bar against, or a prerequisite for, taking any
other action against a customer.
(3) Remedies Nonexclusive. The provisions in this section are not exclusive remedies. The city
reserves the right to take any, all, or any combination of these actions concurrently or
sequentially against a noncompliant user or to take other actions as warranted by the
circumstances.
13.07.120 Indemnification.
The city of Port Orchard will not be held liable for any or all water pressure loss, flow loss, head
loss, friction loss, or other costs or damages associated with the use and operation of backflow
prevention assemblies including but not limited to interruption of service. For continuous
service, it is recommended that at least two assemblies be installed in parallel to prevent total
flow loss due to testing and repairs. In cases where the customer has successfully obtained
approval from the city for an exception to premises isolation, the customer side of the water
meter chamber shall continue to be the beginning of the customer's system and the customer
shall retain the associated responsibilities and liabilities described in this chapter. In all cases, the
customer shall indemnify and hold harmless the city for all contamination of the customer's
system or the city's water distribution system that results from an unprotected or inadequately
protected cross -connection within the customer's premises. Under no circumstances shall the
city's granting of an exception from premises isolation be construed to mean that the city
assumes responsibility or liability for any cross -connection incident on the customer's premises.
This indemnification shall pertain to all backflow conditions that may arise from the city's
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suspension of water supply, water main breaks, or reduction of water pressure. Any customer
violating any of the provisions of this program when said violation results in damage to or
impairs the city's water system, including, but not limited to, allowing contamination, pollution,
any other substances, or non -potable water to enter the city's water system, shall be liable to the
city for all expenses, loss, or damages caused by such violation. Such costs may include, but are
not limited to, cleaning, purifying, repairing, or replacement work in the city's water system
caused by the violation.
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Exhibit A to Ordinance No. XX
CHAPTER 13.05
CONTROL OF FATS, OILS AND GREASE
Sections:
13.05.010
Purpose.
13.05.020
Definitions.
13.05.030
Powers and Authority of the Director and Building Official.
13.05.040
Prohibitions.
13.05.050
Grease Capturing Equipment — General Requirements.
13.05.060
Grease Capturing Equipment — Installation and Maintenance.
13.05.070
Grease Capturing Equipment — Required Reporting.
13.05.080
Enforcement.
13.05.090
Penalties.
13.05.100
Indemnification.
13.05.010 Purpose.
This Chapter contains the City's requirements for the control of the discharge of fats, oils and
grease to the City's sewerage system. Large quantities of fats, oil and grease that are discharged
from commercial and residential kitchens contribute to blockages in the City's sewerage system.
The resulting clogs in sewer pipes cost the City money each year in grease removal and sewer
repair costs, and result in the overall degradation of the City's sewer infrastructure.
The City utilizes a comprehensive pollution prevention program to keep fats, oils and grease out
of the City's sewer system, and remain compliant with the City's current Clean Water Act National
Pollutant Discharge Elimination System (NPDES) permit. The City's control of fats, oils and
grease is intended to enhance its compliance with the Clean Water Act, and also reduce the
potential for system back-ups in the sewer system.
The provisions in this Chapter shall apply to all food processing establishments, food sales
establishments, and food service establishments, commercial businesses, and any other facility
("facility") that discharges fats, oil and grease to the sanitary sewer collection system and is located
within the municipal boundaries of the City of Port Orchard Sanitary Sewer Service Area.
The objectives of the program are:
1. To Provide standards for the types of grease capturing equipment that must be installed
by food service establishments to reduce fats, oils and grease discharges from local food
service establishments into the City's sewerage system;
2. To provide for the effective long-term use of grease capturing equipment through
related operational requirements and prohibitions, and periodic inspections;
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3. To increase opportunities for recovering both food solids (which can be composted)
and waste grease (which can be recycled, and may also be able to be converted to
biofuel) from wastewater discharge conveyances;
4. To aid in preventing sanitary sewer blockages and obstructions from contributions and
accumulation of fats, oils and grease in the sanitary sewerage system;
5. To prevent the uncontrolled introduction of fats, oils and grease into the sewage system
that will interfere with its operation; and
6. To facilitate City compliance with applicable federal and state laws regarding
sewerage system operations.
13.05.020 Definitions
The definitions provided in section POMC 20.162.044 and the following definitions are applicable
to the discharge and control of fats, oils and grease shall apply to this Chapter, provided if there is
a conflict between this chapter and POMC 20.162.044 as to a defined term, the definition set out
in this chapter applies.
(1) Best Management Practices (BMPs). Operational activities, prohibitions, maintenance
procedures, and other management activities that implement the requirements of this Chapter, state
and federal law, and City rules, regulations, permits or authorizations.
(2) Director. As used in this Chapter, Director shall refer to the Director of Public Works, or
any duly authorized delegate or agent of the Director. Those portions of this chapter that invoke
the plumbing code or other building improvements are delegated to the Building Official.
(3) Facility. Any food processing establishment, food sales establishment, food service
establishment, laundry, car wash, automotive fueling, commercial garage, quick-lube stations, auto
detail, automotive and equipment repair, automotive service shop, businesses using steam or
pressure washers, or any other business that routinely discharges fats, oil or grease into the sanitary
sewer system as part of a business operation.
(4) Fats, Oils and Grease (FOG). Organic polar compounds derived from vegetable/plant or
animal/dairy sources composed of long -chain triglycerides that are used in, or are byproducts of,
the cooking or food preparation process. A wide range of food preparation activities, including but
not limited to the following, can generate fats, oils or grease: cooking by frying, baking, grilling,
sauteing, rotisserie cooking, broiling, boiling, blanching, roasting, toasting, poaching, infrared
heating, searing, barbequing, or any other food preparation activity that produces a hot food
product in or on a receptacle that requires washing.
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(5) First Certificate of Occupancy. A temporary certificate of occupancy or a Certificate of
Final Completion and Occupancy, as defined in POMC, Section 20.200, whichever is issued first.
(6) Food. Any raw, cooked, or processed edible substance, or ingredient used or intended for
use or sale in whole or in part for consumption.
(7) Food grinder. Any device in the plumbing or sewage system of the facility for the purpose
of grinding food waste or food preparation by-products for the purpose of disposing in the sewer
system.
(8) Food processing establishment. A commercial establishment in which food is
manufactured or packaged for consumption.
(9) Food sales establishment. Any retail and wholesale grocery stores, retail seafood stores,
food processing establishment, 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.
(10) Food Service Establishment (FSE). A non-residential wastewater discharger that engages
in activities of preparing, serving, or otherwise making available food for consumption by the
public or on the premises, including restaurants, commercial kitchens, caterers, hotels and motels,
schools, hospitals, prisons, correctional facilities, nursing homes, care institutions, and any other
facility preparing and serving food for public consumption.
(11) Governing agency. The City of Port Orchard Sanitary Sewer Utility, which provides
sanitary sewer service to the facility.
(12) Gravity Grease Interceptor (GGI/Interceptor). A plumbing appurtenance or appliance that
is installed in a sanitary drainage system to intercept non -petroleum fats, oils and grease from a
wastewater discharge and is identified primarily by gravity separation and a minimum total volume
of 300 gallons.
(13) Grease. Rendered animal fat, vegetable shortening, and other such oily matter used for the
purposes of and resulting from preparing and/or cooking food.
(14) Grease Capturing Equipment. A plumbing appurtenance or appliance that is installed in a
sanitary drainage system to separate fats, oils and grease from a wastewater discharge. Grease
capturing equipment include gravity grease interceptors, hydromechanical grease interceptors,
grease removal devices and any other grease capturing equipment authorized by the Utilities
Compliance Specialist or the City.
(15) Grease Capturing Equipment Waste. Material collected in and from grease capturing
equipment, including any solids resulting from dewatering processes.
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(16) Grease interceptor. An appurtenance or appliance that is installed in a sanitary drainage
system to intercept nonpetroleum fats, oil, and grease (FOG) from wastewater. There are two types
of grease interceptors: gravity grease interceptors and hydromechanical grease interceptors.
(17) Grease Removal Device (GRD/Automatic Grease Removal Device). Any
hydromechanical grease interceptor that automatically, mechanically removes non -petroleum fats,
oils and grease from the interceptor, the control of which are either automatic or manually initiated.
(18) Hydromechanical Grease Interceptor (HGI/Trap). A plumbing appurtenance or appliance
that is installed in a sanitary drainage system to intercept non -petroleum fats, oils and grease from
a wastewater discharge and is identified primarily by a design that incorporates hydromechanical
separation. The design incorporates air entrainment, hydromechanical separation, interior baffling,
and/or barriers in combination or separately, and one of the following:
A. External flow control, with air intake (vent), directly connected.
B. External flow control, without air intake (vent), directly connected.
C. Without external flow control, directly connected.
D. Without external flow control, indirectly connected.
Sizing criteria set forth in the current adopted plumbing code. HGIs are generally installed inside.
(19) Less -Significant Grease Discharger. A FSE that, in the process of preparing and making
food available to the public or on the premises, generates FOG that is discharged into the City's
sewerage system, and has been determined by the City to pose a less significant risk of discharging
FOG to the sewerage system.
(20) Limited Food Preparation Establishment. A FSE that engages only in reheating, hot
holding, or assembly of ready to eat food products.
(21) Non-FSE FOG Discharger (NFD). Any establishment, such as a church, synagogue,
worship hall, banquet facility, or meeting space, with a commercial -style kitchen that is used for
preparing, serving, or otherwise making available for consumption foodstuffs in or on a receptacle
that requires washing two days a week or less and that discharges to the Sanitary Sewer System.
(22) Nonpolar. Any water or waste of petroleum or mineral origin which contains more than
100 parts per million by weight of fat, oil or grease as measured using analytical procedures
established in 40 CFR Part 136.
(23) Polar. Any water or waste of animal or vegetable origin which has visible fats, oils or
grease floating on the surface or adhering to the sides of the sample containers.
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(24) Public Sanitary Sewer. A Sewer owned and operated by a governmental body or public
utility in which all owners of abutting properties have equal rights of access in accordance with
the provisions of this Chapter, and which conveys wastewater through the Sanitary Sewer
System.
(25) Publicly Owned Treatment Works (POTW). A treatment works which is owned by a
municipality (as defined by section 502(4) of the Clean Water Act), a state, an intermunicipal or
interstate agency, or any department, agency, or instrumentality of the federal government. This
definition includes any intercepting sewers, outfall sewers, sewage collection systems, pumping,
power, and other equipment. The wastewater treated by these facilities is generated by industrial,
commercial, and domestic sources.
(26) Remodel. Any modification to an existing facility that involves an expansion of the
kitchen area or change in kitchen plumbing or drainage fixture units, as set forth in Chapter
20.200 POMC.
(27) Rendering/disposal company. A business that possesses a Kitsap County pumper
certification.
(28) Sanitary Sewage. Domestic and commercial wastewater including flushed toile water,
water from dishwashers, clothes washing machines, and any other used water that general is
disposed of down interior drains.
(29) Sanitary Sewer System. A conveyance, or system of conveyances, that is designed to
convey domestic and commercial wastewater away from Premises through a Public Sanitary
Sewer to a collection location for treatment by a governmental body or public utility.
(30) Stormwater System. Facilities through which stormwater is collected, conveyed, or
treated, including without limitation: inlets, conveyance pipes, pumping facilities, retention and
detention basins, bio-infiltration facilities, drainage channels, or other drainage structures.
(31) Twenty -Five Percent Rule. Requirement for grease interceptor to be cleaned when 25
percent of its volume is occupied by accumulated grease and solids.
(32) Uniform Plumbing Code (UPC). Governs the requirements for the installation, alteration,
removal, replacement, repair, or construction of all plumbing, as adopted under Chapter 20.200
POMC.
(33) User. Any person who contributes, causes, or permits the contribution of wastewater into
the governing agency's sanitary sewer system.
(34) Utilities Compliance Specialist. A designee of the Director tasked with the enforcement
of this Chapter.
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(35) Wastewater. Liquid and water -carried industrial wastes and sanitary sewage from
residential dwellings, commercial buildings, industrial and manufacturing facilities, institutions
or any other Premises, whether treated or untreated, which are contributed or conveyed through
the Public Sanitary Sewer.
13.05.030 Powers and Authority of the Director and Building Official.
(A) Administration. This Chapter shall be administered by the Director of Public Works or
designee.
(B) Access to Facilities. The City shall have the right and access to set up on the Food Service
Establishment's property any devices necessary for conducting wastewater sampling inspection,
compliance monitoring and/or metering operations. All Food Service Establishments shall permit
the Public Works Director or duly appointed designee, Utilities Compliance Specialist, and
Building Official, with proper identification credentials, to enter upon any and all premises at all
reasonable times for the purpose of inspection, observation, measurement, sampling and testing of
the wastewater discharge for compliance with regulations regarding the control and elimination of
Fats, Oils and Grease from the City's sanitary sewer system, including but not limited to
inspections pursuant to the Uniform Plumbing Code Sections 1009.6 and 1014.1.2. No consent,
warrant, or court order is required to enter those areas open tot eh public generally or to which no
reasonable expectation of privacy exists.
(C) Director discretion. In applying, interpreting, and enforcing this Chapter, the Director has
the authority to impose additional conditions, to waive or alter the application of any requirement
in any situation under the facts then -existing, or to alter any performance required under this
Chapter where the Director determines such departure is necessary to mitigate identified or
potentially negative impacts to the Sanitary Sewer System or public health, safety, or welfare.
This delegated authority is intended to operate concurrently with, and does not supersede or in
any way alter, the authority vested in the City's Building Official set out at POMC Chapter
20.200.
13.05.040 Prohibitions.
The following shall be prohibited for any Facility with a connection to the City's sanitary sewer
system:
(1) Disposal of Fats, Oils and Grease or any food waste containing Fats, Oils and Grease
directly into drains leading connected to the sewer system is prohibited. Disposal of waste cooking
oil into sanitary sewer and drainage pipes is prohibited. All waste cooking oils shall be collected
and stored properly in drums or tallow bin for recycling or other acceptable methods of disposal.
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(2) The direct addition into the grease waste line, or grease interceptor of enzymes, bacteria,
chemicals, solvents, additives, or other agents designed to emulsify the grease compounds is
prohibited. Any attempt to modify the trap into a biological reactor by adding bacterial or microbial
agents is also prohibited.
(3) Discharges to the sanitary sewer system that include polar fats, oils and greases in amounts
that cause a visible sheen in the discharge or in the public sewer system, a build-up of grease in
any public sewer facility, or any water or waste which contains more than 100 parts per million by
weight of nonpolar fats, oils and grease at the point where the wastewater is discharged from
Grease Capturing Equipment, as measured using analytical procedures established in 40 CFR Part
136.
(4) Installation of food grinders in the plumbing systems of a new food service, food sales, or
food processing establishment is prohibited. If a food sales, food service, or food processing
establishment is sold or leased, and the new owners must apply for a business license, they shall
be required to remove the existing food grinder.
(5) Food grinders in existing Food Service Establishments shall be removed or rendered
permanently inoperative within 30 days of notification.
(6) Discharge of water closets, urinals, and other plumbing fixtures conveying human waste
to or through any type of Grease Capturing Equipment is prohibited.
(7) Discharge of wastewater with a temperature higher than 140 degrees Fahrenheit to or
through a grease interceptor.
13.05.050 Grease Capturing Equipment — Requirements.
(A) General Requirements. All Facilities, with the exception of Limited Food Preparation
Establishments, shall install, operate, maintain and service Grease Capturing Equipment and
implement specified Best Management Practices, in accordance with this Chapter, any permits,
authorizations, rules and regulations issued by the City in accordance with this Chapter and
applicable City building codes and regulations. The owner of a facility with one or more fats, oil
or grease generating activities shall be responsible for the installation of Grease Capturing
Equipment. All Grease Capturing Equipment shall be installed on the premises where fats, oil and
grease are used or generated. These facilities are required to install, operate, and maintain an
approved type and adequately sized grease interceptor necessary to maintain compliance with the
objectives of these regulations. The Grease Capturing Equipment shall be adequate to separate and
remove fats, oil and grease contained in wastewater discharges prior to the sanitary sewer system.
All Grease Capturing Equipment shall be installed in accordance with this Chapter, any permits,
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authorizations, rules and regulations issued by the City, and applicable City building codes and
regulations.
Facilities shall properly store and recycle or dispose of Fats, Oils and Grease diverted from their
liquid waste streams in accordance with all laws and regulations applicable to such storage,
recycling and disposal. Facility kitchen fixtures connected to drainage pipes that lead to grease
capturing equipment or sewer laterals shall have small -mesh food strainers that are intact and
functional. Facilities shall ensure that all pots, pans, dishware and work areas are wiped prior to
washing of such utensils, equipment or areas, and shall implement any other Best Management
Practices deemed appropriate by the City.
Facility wastewater dischargers must at all times comply with the provisions of this Chapter, all
other applicable local, state and federal laws, including but not limited to, applicable provisions of
the Health Code (WAC 246-215) and Building and Plumbing Codes, and applicable rules,
regulations, permits and authorizations issued by the City.
(B) New Facilities. Newly proposed or constructed Facilities, including tenant improvements
that change the use classification to a food service establishment, food sales establishment, food
processing establishment, or a new mixed -use development with the potential to generate fats, oil,
and grease shall:
1. Be required to install, operate, and maintain an approved type and adequately sized
gravity grease interceptor to maintain compliance with the requirements as described in
this chapter, and as necessary to prevent a condition of prohibited discharge; or
2. A hydromechanical grease interceptor may be utilized instead of a gravity grease
interceptor if it is demonstrated to the satisfaction of the Director that the installation of a
gravity grease interceptor is physically impracticable. For the purposes of this
determination, "physically impracticable" shall include (a) the lack of available space on
the premises, (b) unavoidable interference from underground utilities or structures, or (c)
topographical conditions such as slope that unavoidably prevent installation of a gravity
grease interceptor.
3. A hydromechanical grease interceptor may be utilized instead of a gravity grease
interceptor if the gravity grease interceptor sizing in the currently adopted plumbing code
results in an interceptor volume (gallons) 750 gallons or less.
4. A separate gravity grease interceptor may be provided for each individual unit of a
building structure that is proposed for, or could be potentially converted in the future into,
a food service, food sales, or food processing establishment. The City may allow the
separate gravity grease interceptors to be installed at a later date, when food service, food
sales, or food processing establishments are added through tenant improvements; provided,
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that the side sewer lines leaving the building are designed to functionally accommodate the
installation of future interceptors at accessible locations.
5. One or more Facilities may comply with the requirements of this chapter by use of a
shared gravity grease interceptor; provided, however, that the food service establishment
seeking to establish compliance by means of this section shall demonstrate to the
satisfaction of the Director that (a) it has enforceable rights to utilize shared gravity grease
interceptor pursuant to an easement; declaration; covenants, conditions, and restrictions; or
similar instrument; and (b) the shared gravity grease interceptor is sized as necessary to
accommodate the discharges of all food service establishments enjoying rights to use such
interceptor; and (c) there is a mechanism providing continued maintenance of such shared
gravity grease interceptor.
6. Any food service, food sales, or food processing establishment undertaking a remodel,
as defined herein, will be reviewed, and may be considered a new facility for the purposes
of this chapter.
7. Implement best management practices to reduce the quantity of fats, oil and grease
discharged to the sanitary sewer collection system.
(C) Existing Facilities. Existing facilities shall:
1. Implement best management practices to reduce the quantity of fats, oil and grease
discharged to the sanitary sewer collection system.
2. Be permitted to operate and maintain existing grease interceptors; provided, that the
equipment is properly sized and in efficient operating condition.
3. Any Facility not meeting subsection (13)(2) of this section is required to meet the
currently adopted plumbing code if undertaking a remodel as defined in this chapter.
4. Food Service Establishments (FSEs)shall install a properly sized and functioning grease
interceptor designed to meet the grease control requirements in this chapter if the facility
is known to cause a build-up of grease in any public sewer facility, is the result of a sanitary
sewer overflow, or is otherwise causing a prohibited discharge. Installation must be
completed within 180 calendar days from notification by the City.
(D) Permits. Site and building modifications needed to install a grease interceptor are subject
to the permitting requirements of the City's construction code (POMC Title 20), and other codes
as applicable.
(E) Variance. A Food Service Establishment may file a request to the City for a variance from
the Grease Capturing or Removal Device installation requirements of this Chapter if the FSE can
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demonstrate that it is not feasible for a Grease Capturing or Removal Device to be installed due to
lack of physical space. The Food Service Establishment requesting such a variance shall bear the
burden of demonstrating that the installation of a Grease Capturing or Removal Device is not
feasible. The determination as to whether a FSE qualifies for a variance for the reasons detailed in
this subsection shall be at the sole discretion of the City.
13.05.060 Grease Capturing Equipment —Installation and Maintenance.
(A) Installation Requirement — Any existing FSE or NFD without a functional Grease
Removal System shall be required to install one. The type of Grease Capturing Equipment
required will be determined by the Director, taking into account cost, available space and
gradient, whether the user is in a grease impact area, and any other pertinent information. Where
feasible, all kitchen drains and any other drains that may carry grease -laden waste shall be
connected to this Grease Capturing Equipment (except the dishwasher if a trap -style Grease
Removal System is installed.) If a trap -style Grease Removal System is installed, the kitchen
shall not have a garbage disposal/garbage grinder/macerator or similar unit installed.
(A) Best Management Practices.
1. Kitchen best management practices shall be implemented to minimize the discharge of
fats, oil and grease to the sanitary sewer system and prevent non-stormwater discharges
from entering the stormwater sewer system (as applicable):
a. Drain Screens. Drain screens shall be installed on all drainage pipes in food
preparation areas.
b. Segregation and Collection of Waste Cooking Oil. All waste cooking oil shall
be collected and stored properly in fats, oil and grease receptacles such as drums
or tallow bins. Such containers shall be maintained properly to ensure they do
not leak.
c. Licensed waste haulers or an approved recycling facility must be used to
dispose of waste cooking oil.
d. Tallow bins or used waste oil drums shall be kept clean and covered.
2. Disposal of Food Waste. All food waste shall be disposed of directly in garbage or
compost collection bins, and not sinks. Bagging food waste that has the potential to
leak in trash containers is recommended. Scrape or dry wipe pots, pans, dishware and
work areas before washing to remove grease. Wash only in a sink connected to a grease
control device.
3. Maintenance of Kitchen Exhaust Filters. Filters and other exhaust hood equipment shall
be cleaned as frequently as necessary to maintain good operating condition. The
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wastewater generated from cleaning shall be disposed of properly and cleaned in sinks
connected to a grease removal device.
4. Kitchen Signage. Informational signs on best management practices and waste
minimization practices in the food preparation and dishwashing areas shall be posted
at all times.
5. Floor Mats and Kitchen Appliance Cleaning. The wastewater generated from floor mat
and kitchen appliance washing operations must be disposed of to a sink with a grease
control device. Cleaning kitchen equipment in areas that drain to the stormwater sewer
system is prohibited.
6. Oil and Grease Spills. Dry methods including rags and absorbents such as sawdust or
kitty litter shall be used to clean up oil and grease spills.
7. Employee Training. Training shall be conducted for all new kitchen staff and every 6
months. Training shall be documented with employee signatures retained indicating
employee attendance. Training records shall be made available for review at any
reasonable time to the governing agency. The governing agency shall provide training
materials upon request.
8. No wastewater, fluids or other substances from commercial and industrial operations
containing hazardous wastes, heavy metals, or other prohibited discharge shall enter
the sewer system per POMC 13.04.130.
9. Dry cleanup procedures shall be implemented to clean up spills. Wipe up liquids or
grease with rags or absorbents, such as kitty litter or sawdust.
10. Do not allow detergents or other emulsifying cleaning compounds to enter an Grease
Removal System as this will make the system ineffective.
(C) Gravity Grease Interceptors (GGI).
1. Each facility is solely responsible for the cost of the grease interceptor installation,
inspection, cleaning and maintenance.
2. Gravity grease interceptor sizing and installation shall conform to the requirements
contained in the current edition of the Uniform Plumbing Code (UPC) or other criteria
as determined on a case -by -case basis based on review or relevant information,
including, but not limited to grease interceptor performance, waste stream
characteristics, facility location, maintenance needs, and/or inspection needs.
Supporting sizing calculations shall be submitted to the governing agency.
3. Gravity grease interceptors shall be designed by a mechanical engineer using standard
engineering principles for sedimentation and flotation in gravity separators. The grease
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interceptor shall have a minimum of 2 compartments with fittings designed for grease
retention.
4. Gravity grease interceptors shall be installed at an outdoor location where it is easily
accessible for sample collection, inspection, and cleaning and removal of retained
grease. The grease interceptor may not be installed inside a building and the location
must meet the approval of the governing agency.
5. Gravity grease interceptors shall be located in the lateral line between all fixtures which
may introduce grease into the sanitary sewer and the connection to the sanitary sewer
collection 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.
6. Gravity grease interceptors must be vented.
7. Gravity grease interceptors shall be equipped with a sampling port at the outlet of the
interceptor. Inspection tees and manholes must enable the utility to monitor and test the
discharge for compliance with utility requirements or to allow monitoring and testing
in accordance with the rules and regulations of other Federal, State or local agency
having governmental or contractual jurisdiction within the utility service area.
8. Access manholes, with a minimum diameter of 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 shall not exceed 16 inches in the City of
Port Orchard.
9. Sanitary wastes shall not be introduced into the gravity grease interceptor.
(D) Hydromechanical Grease Interceptor (HGI).
1. Each facility is solely responsible for the cost of the HGI installation, inspection,
cleaning and maintenance.
2. HGI sizing and installation shall conform to the requirements contained in the current
edition 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.
3. HGIs shall be designed using standard engineering principles by a licensed Washington
State mechanical engineer for sedimentation and flotation in gravity separators.
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Complete plumbing plans and isometric or riser diagrams are required at time of plan
check submittal. The plans must be stamped by the mechanical engineer of record.
4. HGIs shall be installed at a location where it is easily accessible for sample collection,
inspection, and cleaning and removal of retained grease.
5. The HGI 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.
6. Sanitary wastes cannot be introduced into the HGI.
(E) Required GGI/HGI Pumping Frequency.
1. Unless otherwise specified by the City, each interceptor (GGI/HGI) in active use shall
be cleaned as specified in the individual operational permit. At a minimum, GGIs shall
be cleaned at least once every 90 days and HGIs cleaned at least once per week. These
required frequencies may be extended with the approval of the Director. Each
GGI/HGI is reviewed on a case -by -case basis. The frequency may increase or decrease
depending upon the need to prevent carry over of grease into the Sanitary Sewer System
and the POTW. The City may specify cleaning more frequently when the current
pumping schedule is shown to be inadequate. Additional pumping may be required
during time periods where increased loading is anticipated. Any grease generator
desiring a schedule less frequent than established shall submit a request to the City
along with testing (as required by the City) and copies of the cleaning records for the
last four interceptor (GGI/HGI) cleanings, including measurements of the thickness of
the surface scum/grease layer and sediment.
2. At any time if an inspection finds the interceptor (GGI/HGI) having solids occupying
25 percent or more of the interceptor's liquid capacity, immediate steps shall be taken
by the grease generator to pump out and clean the interceptor. The inspector shall make
an evaluation of the advisability of allowing discharge to continue, and may at his or
her discretion order an immediate cessation of all discharge from the facility and notify
the health district. In any case, the certificate of occupancy may be rescinded so as to
compel more frequent pumping and cleaning of the interceptor (GGI/HGI).
3. All interceptors (GGIs/HGIs) shall be maintained by the grease generator at the grease
generator's expense. If the generator fails to comply with its cleaning schedule or is not
adhering to the requirements of this Chapter the City shall have the interceptor
(GGI/HGI) cleaned and bill the generator for all costs associated with its cleaning and
an additional fifteen percent (15%).
4. Requirement for Increased Pumping or Servicing. If the City finds that a change in
pumping or servicing of an interceptor (GGI/HGI) is necessary for an existing facility
to meet the discharge limits stated in this chapter, the City may order a change in
pumping or servicing of an interceptor (GGI/HGI). If the City orders a change in the
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pumping or servicing, then the City shall inform the facility's owner of the new
schedule and their responsibility to adhere to the new schedule.
(F) Grease Capturing Equipment (GGI/GRD/HGI) Maintenance Log and Record Keeping.
1. Every Facility having a GGI, GRD, or HGI shall maintain a Fats, Oil and Grease
Interceptor maintenance log indicating each pumping or cleaning for the previous 12
months. This log shall include: date, time, capacity of Grease Capturing Equipment,
grease/solids depth (% of normal Liquid Depth), total gallons pumped (removed),
hauler and disposal site, and maintenance and repairs noted. and shall be kept in a
conspicuous location on the premises of the facility for inspection. Said log shall be
made immediately available to any authorized city inspector.
2. Every FSE shall maintain records or receipts for the recycling or solid waste removal
of food waste and Fats, Oil and Grease that is not discharged to the Grease Capturing
Equipment.
3. Every FSE shall maintain records documenting the frequency of cleaning of exhaust
system filters.
4. A copy of the information required in the maintenance log must be available to the
inspector at the time of inspection to be removed and become the city's record. The
inspection period shall run from January 1 st through December 31 st of each year.
Regular inspections will occur annually or as required by the Utilities Compliance
Program. Repeat inspections for those interceptors (GGIs/HGIs) not meeting
maintenance requirements will be done approximately 30 days from initial inspection.
(G) GGI/HGI Cleaning Procedures.
1. The owner or an employee of the FSE shall supervise the interceptor (GGI/HGI)
cleaning, and shall be physically present and observe the entire cleaning operation and
sign the maintenance log as proof.
2. An FSE fats, oils and grease generator shall cause the liquid waste hauler, transporter,
or any other person cleaning or servicing an interceptor (GGI/HGI) to completely
evacuate all contents, including grease, floating materials, wastewater, and bottom
sludges and solids. Skimming the surface layer of waste material and other partial
cleaning of the interceptor (GGI/HGI) or use of any method that does not remove the
entire contents of the collection device is prohibited. Removal of the floating materials
shall be done prior to removal of other contents. After complete evacuation, the walls,
top, and bottom of the interceptor (GGI/HGI) shall then be thoroughly cleaned and the
residue removed. Upon completion of the servicing, the person responsible for
compliance with these requirements shall make an inspection of the interior of the
interceptor (GGI/HGI). If repairs are required, they shall be performed within 7 days
of notice from the City, unless an extension has been granted by approval of the
Director. The interceptor shall be refilled with water prior to being placed back into
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operation. The person responsible for compliance with these requirements shall make
an appropriate entry in the FSE interceptor maintenance log, and leave a copy of the
hauler/transporter manifest with the log for the City to retrieve at the next inspection.
Food service establishments shall keep all records maintenance logs and
hauler/transporter manifests. Said manifests and maintenance logs shall be made
immediately available to any authorized City staff.
3. In addition to the maintenance required above, Grease Removal Devices shall be
maintained in accordance with the manufacturer's guidelines.
4. The Facility shall prohibit the discharge of liquid, semi -solids, or solids back into an
interceptor (GGI/HGI) during and/or after servicing. Decanting or discharging of
removed waste back into the interceptor (GGI/HGI) from which the waste was removed
or any other interceptor, for the purpose of reducing the volume to be disposed, is
prohibited.
5. Each gravity interceptor (GGI) pumped shall be fully evacuated unless the interceptor
volume is greater than the tank capacity on the vacuum truck, in which case the
transporter shall arrange for additional transportation capacity so that the interceptor is
fully evacuated within a 24-hour period following the transporter's inability to fully
evacuate the interceptor.
(H) Disposal of Interceptor (GGI/HGI) Waste. All waste removed from each interceptor
(GGI/HGI) shall be disposed of at a facility permitted and authorized to receive such waste in
accordance with all applicable federal, state, and local regulations. In no way shall the waste be
returned to any private or public portion of the publicly owned treatment works (POTW), without
prior written approval from the supervisor, nor may it be returned to any portion of the POTW not
specifically designated by the wastewater collections/treatment supervisor. Additionally, grease
removed from an interceptor (GGI/HGI) shall not be recycled so as to become a food product or
part of a food product for animal or human consumption.
(I) Vacuum Truck Cleaning Service for GGI/HGI. It shall be unlawful for a Facility to allow
grease waste to be removed from the premises by a transporter who does not have all applicable
federal, state, or local permits or registrations including a Washington State waste hauler's permit
and city business license.
(K) Grease Capturing Equipment System Additives. No user may use an additive of any type
for the interceptor without the approval of the Director. The Director will adopt procedures for
the approval of additives.
No vendor may sell, attempt to sell or otherwise distribute any additive in the City of Port Orchard
without prior approval of the additive by the Director. Any vendor selling, or attempting to sell,
or otherwise distributing any additive intended for use in an interceptor that has not been approved
for use by the Director is in violation of this ordinance and is subject to all enforcement actions
contained herein.
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13.05.070 Grease Capturing Equipment — Required Reporting.
All Facilities shall, at a frequency and time determined by the City, but in no case less than once
per year, make available to the City:
(A) Copies of all hauler/transporter manifests made by liquid waste transporters servicing their
GGI/HGI during the reporting period;
(B) A copy of the gravity grease interceptor/hydromechanical grease interceptor maintenance
log; and
(C) Any other information required by the City, including analysis of the discharge to a public
sewer system of such waste as the City may require. Such analysis shall be in accordance with
requirements this Chapter.
13.05.080 Enforcement.
(A) It is unlawful for any grease generator to discharge into the POTW in any manner that is
in violation of this chapter or of any condition set forth in this chapter. Additionally, a person
commits an offense if the person causes or permits the plugging or blocking of, or otherwise
interferes with or permits the interference of, a grease interceptor (GGI/HGI), including alteration
or removal of any flow constricting devices so as to cause flow to rise above the design capacity
of the interceptor (GGI/HGI).
(B) A Facility shall be considered out of compliance if any of the following conditions exist:
1. A required grease interceptor has not been installed or required maintenance of a grease
interceptor has not been performed, resulting in a prohibited discharge, accumulation of
grease within the public sewer system, a sewer blockage, or sanitary sewer overflow.
2. Maintenance cleaning has not been accomplished when the total accumulations of fats, oil
and grease exceeding 25 percent of the overall liquid depth has not been met.
3. Failure to submit records to the governing agency or to make records available upon
request.
4. Inspection hindrance.
5. Failure to maintain on -site records of maintenance.
6. Falsification of records.
7. Discharges to the sanitary sewer system that include polar fats, oils and greases in amounts
that cause a visible sheen in the discharge or in the public sewer system, a build-up of
grease in any public sewer facility, or any water or waste which contains more than 100
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parts per million by weight of nonpolar fats, oils and grease as measured using analytical
procedures established in 40 CFR Part 136.
(C) Routine compliance will be evaluated based on review of maintenance records. The owner
or operator of the facility is responsible for maintaining the required records and make them
available to the governing agency. Compliance can also be initiated by observations and reports
of potential noncompliance that comes from governing agency staff, other agencies, the public, or
other documented sources.
(D) Inspections of facilities may be conducted by the Director at any time during normal
business hours to verify compliance with this chapter. Facilities shall allow the Director access to
all parts of the premises for the purpose of inspection, records examination, measurement,
sampling and testing, or other activities in accordance with the provisions of this chapter. The
governing agency shall have the right and access to set up on the facility property any devices
necessary for conducting wastewater sampling inspection, compliance monitoring and/or metering
operations.
(E) If an obstruction of the sanitary sewer collection system occurs that causes a sanitary sewer
backup and/or overflow and such overflow can be attributed in part or in whole to an accumulation
of fats, oil and grease in the sanitary sewer main line, the governing agency will take appropriate
enforcement actions against the generator or contributor of such fats, oil and grease. In addition,
those responsible for generating or contributing to unlawful discharge of fats, oil and grease to the
sanitary sewer system must take immediate steps to bring the grease interceptor or other grease
removal device into compliance, plus any additional actions necessary to bring the facility into
compliance with this chapter. Failure to respond to corrective measures outlined in any
enforcement notice will result in termination of water service which is owned, operated and
maintained by the governing agency.
(F) Violations of any provision of this chapter, or an order issued hereunder, are hereby
declared to be public nuisances. In addition to any other provisions of the Port Orchard Municipal
Code pertaining to abatement of public nuisances, and in addition to any other enforcement
methods authorized by an ordinance of the City or local or state law, these violations may be
subject to abatement and enforcement through any of the following methods (at the discretion of
the Director or designee):
1. Notice of Violation. Whenever the city finds that any customer has violated or is continuing
to violate any provision of this chapter, or an order issued hereunder, the city may serve
upon such customer a written notice of the violation that will include a minimum of an
additional 10 days to comply and notification that water services will be terminated on the
next business day following the specified due date. Nothing in this section shall limit the
authority of the city to take any action, including emergency actions or any other
enforcement action, without first issuing a notice of violation.
2. Compliance Orders. Whenever the city finds that a customer has violated, or continues to
violate, any provision of this chapter, or order issued hereunder, the city may issue a
compliance order to the customer responsible for the violation. This order shall direct that
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the cross -connection be eliminated or protected with an approved backflow prevention
assembly and that the assembly be installed and properly operated and maintained. The
order shall specify that water services shall be discontinued and/or applicable penalties
imposed unless, following a specified time period, the directed actions are taken. A
compliance order may not extend the deadline for compliance beyond any applicable state
or federal deadlines, nor does a compliance order release the customer from liability from
any past, present, or continuing violation(s). Issuance of a compliance order shall not be a
prerequisite to taking any other action against the customer. Failure to comply with any
terms or requirements of a compliance order by a customer shall be an additional and
independent basis for termination of water services or any other enforcement action
authorized under this chapter and deemed appropriate by the city.
3. Cease and Desist Orders. The city may issue a cease and desist order upon finding a
customer has or is violating this chapter. The decision to issue a cease and desist order shall
consider the likelihood that a customer's violations could cause a severe threat to the public
water system. The order issued by the city will direct the customer to cease and desist all
such violations and to: (a) immediately cease such actions creating a cross -connection; (b)
comply with all applicable cross -connection control standards and requirements; (c) take
such appropriate action as may be needed to properly address a continuing or threatened
violation, including halting operations. Issuance of a cease and desist order shall not be a
bar against, or prerequisite for, taking any other action against the customer.
4. Injunctive Relief. When the city finds that a customer has violated (or continues to violate)
any provision of this chapter or order issued hereunder, or any other fats, oils, and/or grease
control standard or requirement, they may petition the superior court of Kitsap County
through the city attorney for the issuance of a temporary or permanent injunction, as
appropriate. Such injunction shall restrain or compel specific compliance with an order, or
other requirement imposed by this chapter on activities of the customer. The city may also
seek such other action as is appropriate for legal and/or equitable relief. A petition for
injunctive relief shall not be a bar against, or a prerequisite for, taking any other action
against a customer.
5. This section are not exclusive remedies. The city reserves the right to take any, all, or any
combination of these actions concurrently or sequentially against a noncompliant user or
to take other actions as warranted by the circumstances.
13.05.090 Penalties.
(A) Noncompliance Fines. Notwithstanding any other section of this chapter, any customer
found by the city to have violated any provision of this chapter, or orders issued hereunder, shall
be fined in an amount not to exceed $1,000 per violation. Each day on which noncompliance shall
occur or continue shall be deemed a separate and distinct violation. Such assessments will be billed
separately from the utility billing for services. Unpaid charges, fines, and penalties shall be sent to
collections. Issuance of an administrative fine shall not be a prerequisite for taking any other action
against the customer. Each day upon which a violation occurs or continues shall constitute a
separate violation. In the case of noncompliance, penalties shall accrue for each day during the
period of such noncompliance. In addition to the penalty amounts assessable above, the director
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may recover reasonable attorneys' fees, court costs, and other expenses associated with
compliance and enforcement activities authorized under this chapter. This shall include recovery
of costs for sampling and monitoring, and the cost of any actual damages incurred by the city. The
city shall petition the superior court of Kitsap County to impose, assess, and recover such sums.
When recommending the amount of civil liability, the public works director shall consider all
relevant circumstances, including, but not limited to, the extent of harm caused by the violation,
the magnitude and duration, any economic benefit gained through the customer's violation,
corrective actions by the customer, the compliance history of the customer, and any other factor
as justice requires, and shall present this analysis as evidence in support of the recommended
penalty. Filing a suit for civil penalties shall not be a bar against, or a prerequisite for, taking any
other action against a customer.
(B) Termination of Water Services. The city shall have authority to terminate water services to
any customer upon determining that such customer has: (a) refused access allowed by this chapter
thereby preventing the implementation of any purpose of this chapter; (b) violated any provision
of this chapter; or (c) violated any lawful order of the city issued with respect to this chapter. The
city will attempt to provide reasonable notice to tenants and owners prior to water service being
terminated, but if the city determines the violation of this code presents an imminent and serious
threat to the public water system, the city may immediately terminate the customer's water service,
the notice and appeal rights set forth herein notwithstanding. Service will be restored after the
customer has made arrangements to come into compliance and paid a disconnect/connect charge,
as established in POMC 13.04.050. If a customer makes arrangements for compliance and payment
after 4:30 p.m., the water will not be reconnected until the next morning. If a customer wishes to
have their water reconnected after 4:30 p.m., they will be charged after-hours rates per POMC
13.04.055.
(C) Recovery of Expenses. All expenses incurred by the city in correcting the violation shall
be billed to the property owner and/or person responsible for the violation and shall become due
and payable to the city within 10 calendar days. Such costs may include, but are not limited to, the
following:
1. "Legal expenses," which shall include, but are not limited to:
(a) Personnel costs, both direct and indirect, including attorney's fees and all costs
incurred by the city attorney's office or its designee;
(b) Actual and incidental expenses and costs incurred by the city in preparing
notices, contracts, court pleadings, and all other necessary documents; and
(c) All costs associated with retention and use of expert witnesses or consultants;
2. "Abatement expenses," which shall include, but are not limited to:
(a) Costs incurred by the city for preparation of notices, contracts, and related
documents;
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(b) All costs associated with inspection of the abated property and monitoring of
said property consistent with orders of compliance issued by the city's hearing
examiner or a court of competent jurisdiction;
(c) All costs incurred by the city for hauling, storage, disposal, or removal of
vegetation, trash, debris, dangerous structures or structures unfit for occupancy,
potential vermin habitat or fire hazards, junk vehicles, obstructions to public rights -
of -way, and setback obstructions;
(d) All costs incurred by law enforcement or related enforcement agencies;
(e) All costs incurred by the city during abatement of code violations may include
interest in an amount as prescribed by law; and
(D) The city shall have a lien for any monetary penalty imposed, the cost of any abatement
proceedings under this chapter, and all other related costs including attorney and expert witness
fees, against the real property on which the monetary penalty was imposed or any of the work of
abatement was performed. The lien shall be subordinate to all previously existing special
assessment liens imposed on the same property and shall be superior to all other liens, except for
state and county taxes, with which it shall be on parity.
A Facility is liable to the City for any expense, loss, or damage occasioned by the City for reason
of appropriate cleanup and proper disposal of said waste materials.
(E) Remedies Nonexclusive. The provisions in this section are not exclusive remedies. The city
reserves the right to take any, all, or any combination of these actions concurrently or sequentially
against a noncompliant user or to take other actions as warranted by the circumstances.
13.05.100 Indemnification.
The city of Port Orchard will not be held liable for any or all water pressure loss, flow loss, head
loss, friction loss, or other costs or damages associated with the requirements of this chapter and
associated enforcement, including but not limited to interruption of service. In all cases, the
customer shall indemnify and hold harmless the city for all contamination of the customer's system
or the city's water or sewerage systems that result from a violation of this chapter within the
customer's premises. Under no circumstances shall the city's granting of an exception from the
requirements herein consistent with this chapter be construed to mean that the city assumes
responsibility or liability for any occurrence on the customer's premises. This indemnification
shall pertain to all conditions that may arise from the city's suspension of water supply, water main
breaks, or reduction of water pressure. Any customer violating any of the provisions of this
program when said violation results in damage to or impairs the city's water or sewerage system,
including, but not limited to, allowing contamination, pollution, any other substances, or non -
potable water to enter the city's water or sewerage system, shall be liable to the city for all
expenses, loss, or damages caused by such violation. Such costs may include, but are not limited
to, cleaning, purifying, repairing, or replacement work in the city's water or sewerage system
caused by the violation.
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-7_T41:0 CON-W 4 ►1 U_\
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF PORT ORCHARD, WASHINGTON,
RELATING TO THE CITY WATER AND SEWERAGE SYSTEMS; ADOPTING
PORT ORCHARD MUNICIPAL CODE CHAPTER 13.05, CONTROL OF FATS,
OILS AND GREASE; AND ADOPTING PORT ORCHARD MUNICIPAL CODE
CHAPTER 13.07, CROSS CONNECTION CONTROL; PROVIDING FOR
SEVERABILITY AND PUBLICATION, AND ESTABLISHING AN EFFECTIVE
DATE.
WHEREAS, the City of Port Orchard operates water and sanitary sewerage systems and
has adopted regulations for the operation and use of these utilities, codified at Title 13 of the
Port Orchard Municipal Code (POMC); and
WHEREAS, the City desires to enhance existing regulations and requirements for the
control of the discharge of fats, oils and grease to the City's sewerage system, as quantities of
fats, oil and grease that are discharged from commercial and residential kitchens can contribute
to blockages in the City's sewerage system, with the resulting clogs in sewer pipes cost the City
money each year in grease removal and sewer repair costs, and result in the overall degradation
of the City's sewer infrastructure; and
WHEREAS, the City also desires to enhance existing regulations and requirements for the
protection of the public water systems from contamination via cross -connections and backflow
incidents; and
WHEREAS, accordingly, staff have developed a new Chapter 13.05 of the POMC, which
establishes a comprehensive pollution prevention program to keep fats, oils and grease out of
the City's sewer system, remain compliant with the City's current Clean Water Act National
Pollutant Discharge Elimination System (NPDES) permit, as well as to enhance the City's
compliance with the Clean Water Act, and reduce the potential for system back-ups in the sewer
system; and
WHEREAS, similarly, staff have developed a new Chapter 13.07 POMC to provide for the
permanent abatement or control of cross -connections to the potable water systems of the city
of Port Orchard; and
WHEREAS, this Ordinance is enacted as an exercise of the police power authority of the
City of Port Orchard to protect and preserve the public health and welfare; and
WHEREAS, the City sent notice of the proposed code amendments to the Washington
State Department of Commerce pursuant to RCW 36.70A.106; and
WHEREAS, on , the City's SEPA official issued a determination of non -
significance for the proposed code amendments and there have been no appeals; and
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Ordinance No.
Page 2 of 3
WHEREAS, on , the City Council held a public hearing on the proposed code
amendments; and
WHEREAS, the City Council, after careful consideration of the proposed code language
and all public comments and testimony, finds that the proposed code language is consistent with
the City's Comprehensive Plan and development regulations, the Growth Management Act,
Chapter 36.70A RCW, and that adoption of the code language herein is in the best interests of
the residents of the City; now, therefore,
THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, DO ORDAIN AS
FOLLOWS:
SECTION 1. Adoption. Port Orchard Municipal Code Chapter 13.05, CONTROL OF
FATS, OILS AND GREASE, is hereby adopted to read as set out in Exhibit A hereto and incorporated
herein by this reference.
SECTION 2. Adoption. Port Orchard Municipal Code Chapter 13.07, CROSS
CONNECTION CONTROL, is hereby adopted to read as set out in Exhibit B hereto and incorporated
herein by this reference.
SECTION 3. Severability. If any section, subsection, paragraph, sentence, clause, or
phrase of this ordinance is declared unconstitutional or invalid for any reason, such decision shall
not affect the validity of the remaining parts of this ordinance.
SECTION 4. Corrections. Upon approval of the city attorney, the city clerk and the
codifiers of this ordinance are authorized to make necessary technical corrections to this
ordinance, including, without limitation, the correction of clerical errors; references to other
local, state, or federal laws, codes, rules, or regulations; or section/subsection numbering.
SECTION S. Effective Date. This Ordinance shall take effect and be in full force and
effect on , which is at least five days after adoption and publication of this ordinance, as
provided by law.
PASSED by the City Council of the City of Port Orchard, APPROVED by the Mayor and
attested by the City Clerk in authentication of such passage this _ day of 2023.
Robert Putaansuu, Mayor
I►_3111IM125
Brandy Wallace, MMC, City Clerk
Ordinance No.
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APPROVED AS TO FORM: SPONSOR:
Charlotte A. Archer, City Attorney
PUBLISHED:
EFFECTIVE DATE:
Councilmember
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