1799 - Ordinance - Repealing Chapter 13.04 and Reestablishing for Water and Sewer SystemsNOTICE OF CITY OF PORT ORCHARD
ORDINANCE
The following is a summary of an Ordinance approved by the Port Orchard City Council at their regular
Council meeting held July 10, 2000.
ORDINANCE NO. 1799
AN ORDINANCE OF THE CITY OF PORT ORCHARD, WASHINGTON
REPEALING ORDINANCE NO. 1778 (POMC 13.04) AND
REESTABLISHING REGULATIONS PROVIDING FOR THE CONTROL,
MANAGEMENT, MAINTENANCE AND USE OF PUBLIC AND PRIVATE
WATER AND SEWER SYSTEMS AND PROVIDING RATES FOR
CONNECTION AND USE OF SUCH SYSTEMS.
Copies of Ordinance No. 1799 are available for review at the office of the City Clerk of the City of Port
Orchard. Upon written request a statement of the full text of the Ordinance will be mailed to any
interested person without charge. Thirty days after publication, copies of Ordinance No. 1799 will be
provided at a nominal charge.
City of Port Orchard
hchelle Merlino
Deputy Clerk
Publish: Port Orchard Independent
Krusk~soundDub1ishine.c~ J
July 19. 2000
ORDINANCE NO. 1799
AN ORDINANCE OF THE CITY OF PORT ORCHARD, WASHINGTON
REPEALING ORDINANCE NO. 1778 (POMC 13.04) AND REESTABLISHING
REGULATIONS PROVIDING FOR THE CONTROL, MANAGEMENT,
MAINTENANCE AND USE OF PUBLIC AND PRIVATE WATER AND SEWER
SYSTEMS AND PROVIDING RATES FOR CONNECTION AND USE OF SUCH
SYSTEMS.
THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON DOES ORDAIN
AS FOLLOWS:
SECTION 1.
SECTION 2.
Effective Date. This ordinance shall be effective July 31,2000.
13.04.010 Bimonthly Water Rates. Water rates are based on a monthly
rate and are billed on a bimonthly schedule. The water rates, as calculated bimonthly, are shown below:
BASIC CHARGE (cost for the first 5,000 gallons bimonthly)
SIZE OF SERVICE BIMONTHLY RATE
314" $15.00
1 I' $16.00
1 112 $19.00
2" $22.00
3" $28.00
4" $40.00
6 $58.00
8" $82.00
IO" $106.00
CONSUMPTION CHARGE (cost above basic consumption)
RATE 1 0 to 5,000 gallons
RATE 2 5,000-50,000 gallons
RATE 3 50,0001- 100,000 gallons
RATE 4 In excess of 100,000 gallons
FIRE HYDRANT SERVICE
Schools
Private Service
TEMPORARY CONSTRUCTION
One Day Service
Basic Charge
RATE 1
plus $ 1.65/1,000 gal
RATE 1 plus RATE 2
plus 5 1.75/1,000 gal
RATE 1 plus RATE 2 plus RATE 3
plus 51.85/1,000 gal
$10.00 per hydrant
$20.00 per hydrant
$ 1.6511,OOO gallons or $15.00
whichever is greater
Ordinance No. 1799
Page 2 of 14
Construction Account As Metered:
0-50,000 gallons $1.65/1,000 gallons
50,001-1 00,000 gallons $1.75/1000 gallons
In excess of 100,000 gallons $1.85/1,000 gallons
(5) MULTIPLE CONNECTIONS: Multiple Connections are where more than one customer
is being served through a master meter and the billing is based on the flow through such master
meter. The minimum bimonthly billing of the basic charge is determined by the number of
customers multiplied by the rate of $15.00. The consumption charge wili be computed by
subtracting the amount equal to the number of customers multiplied by 5,000 gallons from the
total gallonage consumed. The rate of the consumption above the basic will be $ 1.65 per
1,000 gallons up to 50,000 gallons and $1.75 per 1,000 gallons from 50,001 to 100,000 gallons
and $1.85 in excess of 100,000 gallons.
(6)
have a 50% surcharge on the monthly rate.
SECTION 3.
(1) Sewer rates are based on a monthly rate and are billed on a bimonthly schedule. The
sewer rates, as calculated bimonthly, are shown as follows:
DESCRIPTION CLASS
PROPERTIES OUTSIDE CITY LIMITS: Properties served outside the city limits shall
13.04.020 Bimonthly Sewer Rates.
Single Family residence
Mobile Home on single parcel
Business
Professional
Churches
Hotels, Motel
Rest Homes, Care Centers
Kitsap County Jail
Apartments
Mobile Home Parks
Schools
Kitsap County Courthouse (Main Complex)
Restaurants
Laundromats
Taverns
Car Dealerships
Post Office
Grocery Stores
Bowling Alley
Boat Marina
Health Maintenance Organizations
Work Release 8 Juvenile Facilities
Kitsap County Public Works Building
Car Washes
Beauty Shops and Barber Shops
Day Care
Gas Stations
Assisted Living Units
1
1
2
2
3
4
4
4
5
5
6
7
8
9
10
11
12
13
14
14
14
14
14
15
16
17
18
19
Ordinance No. 1799
Page 3 of 14
(2) BIMONTHLY RATES:
Class 1 $46.00
Class 2 $46.00 for each business with a fixture.
$ 11 50 for each business, with an employee present, without a fixture
$46.00 for each floor of an ofice building or retail complex that has a
public or community bathroom.
Class 2 shall be subject to the following surcharge, based on storeloffice interior size:
Cateaory Size of storeloffice Surcharqe
Small Less that 15,000 sf None
Medium 15,000 to 30,000 sf $46.00
Large More than 30,000 sf $92.00
$46.00 for the church, plus '
$46.00 for the rectory, plus *
$46.00 for the annex.
'Class 6 for educational parochial schools
Base fee of $46.00 plus $ 11 50 per unit.
$46.00 per dwelling unit.
$ 1.70 for each pupil, teacher, maintenance and administrative person.
Class 3
Class 4
Class 5
Class 6
Class 7 $ 1,794.00
Class 8 Based on the seating capacity as determined by the Building Official.
DescriDtion Seating caDa city Ba!.e
Espresso Bar Not Applicable $ 46.00
Deli 0 $ 69.00
Small 1 to 50 $138.00
Medium 51 to 150 $207.00
Large More than 150 $276.00
The classification of Espresso Bar includes similar food preparation businesses which
do not require the cooking of food or the maintenance of kitchen equipment.
Class 9 Base fee of $23.00 plus $1 1 SO per washing machine.
Laundromats with less than 4 washing machines are considered Class
2. Dry Cleaners without washing machines are Class 2.
Class 10 $ 115.00
,
Ordinance No. 1799
Page 4 of 14
$46.00 for sales and administrative office, plus $46.00 for service department,
plus
$46.00 for car washing when the water is used to determine cost sharing for
the sewer treatment plant.
$161.00
Basic Fee of $23.00 plus the following surcharges:
Basic Store $23.00
Bakery $23.00
Wetted Down Produce $46.00
Food Disposal $46.00
Meat Cutting Area $92.00
Base Fee of $23.00 plus $23.00 for each Equivalent Residential Unit (ERU) as
determined for the cost sharing formula for the sewer treatment plant.
Base Fee of $23.00 plus $69.00 per car washing bay.
$46.00
Basic Fee of $92.00 plus the following surcharges:
DescriDtion Surcharm
Less than 5 children -0-
6 to 25 children $46.00
More than 25 children Class 6 rates
$46.00 for gasoline retail, which could include service bay.
$46.00 for non-automotive retail.
Base fee of $46.00 plus
$46.00 per unit with private kitchen
$1 1 SO per unit without private kitchen, studio apartment
Descriotioo s!ahau?
Class 11
Class 12
Class 13
Class 14
Class 15
Class 16
Class 17
Class 18
Class 19
Special Notes: (a)
(b)
Home occupations will not be charged additional sewer fees.
For a combination of classes in one business, the highest rate will be
selected.
In the event that an established rate class does not accurately reflect
the impact on the sewer system, the City Engineer may determine the
specific monthly rate.
Water accounts which serve a marina pier and do not have a
connection to the sewer, shall not be charged a sewer bill. A sewer bill
will be charged and based on winter consumption if the water meter
serves both the marina pier and any facility or pump station that is
connected to the sewer system. For billing purposes, live-a-boards will
(c)
(d)
Ordinance No. 1799
Page 5 of 14
not be considered as a dwelling unit.
Properties served which are outside the city limits shall have a 50%
surcharge on the monthly rates.
(e)
SECTION 4. 13.04.030 Water Fees.
(1)
demands on the existing water system. Connection fees apply to new construction, changes in
use. and building modifications which increase the total number of ERU's. The Connection Fee
shall be the larger of the two calculation methods:
Connection Fees: Connection fees are designed to mitigate the impact of new water
(a) Fixture Count Method:
For a single family residence and apartments, the connection fee is $750 per
dwelling unit.
For commercial units, offices, motels, convalescent centers and other
nonresidential uses, the connection fee is $750 per ten fixtures or portion
thereof.
For all other structures that are served by municipal water, the connection fee
is $750 per ten fixtures or portion thereof.
A fixture is any fixture as defined in the Uniform Plumbing Code except water
heaters, floor drains used for emergency overflows only, drinking fountains if
noncontinuous flows and extra fixtures attached to existing or regular fixtures
such as bed pan washers, showers over tubs and hose attachments on sinks.
(b) Water Consumption Method:
For a single family residence and apartments, the connection fee is $750 per
dwelling unit.
For non-residential accounts, connection fee is $750 per ERU. The ERU is
defined as 180 gallons per day of metered water consumption. The ERU
consumption is based upon metered water consumption or comparison to
similar accounts when metered water consumption data is not readily available.
(2)
cost required to connect the new service to the water main.
The labor installation fee is a flat fee plus sales tax based on the size of the water meter for
service lines less than 25 feet:
INSTALLATION FEE: Installation fees are designed to reimburse the utility for the
Installed by city employees:
METER SIZE E
314"
1"
1 %"
$800 + cost of meter and associated materials
$900 + cost of meter and associated materials
$ 1000 +cost of meter and associated materials
Ordinance No. 1799
Page 6 of 14
2"
Larger Meters
$1100 +cost of meter and associated materials
Estimated on a case by case basis
If the water service line exceeds 25 feet, or if the proposed construction is unusually difficult the
installation fee will be based on an estimate completed by the city for the required labor and
material.
If the service is connected by other than city employees, the inspection fee of $50 per meter will
be charged. All materials shall comply with the requirements of the city. If the city supplies any
materials, the cost of these, plus overhead and sales tax will be paid by the customer. If the
installation is satisfactory, the city shall connect the meter if it is 1" or less in size. Larger
meters shall be installed by the contractor.
(3)
new accounts unless exempted as explained below:
FEES IN LIEU OF ASSESSMENT: Fees in lieu of assessment shall be charged on
(a) The property has previously participated in a water local improvement district
and there are records to verify this.
The City Council exempts the property from the fees in lieu of assessment
because improvements on the property have substantially improved the water
system.
The Agreement for Purchase and Sale of Assets of McCormick Water
Company, Inc. waives the city fee in lieu of assessment for water services.
These are the services within McCormick Woods, Campus Station and
McCormick 620.
(b)
(c)
Fees in lieu of assessment shall be based on the zone and termini method, as
prescribed by law, used in Local Improvement District #63.
PAYMENT: All installation fees and fees in lieu of assessment shall be paid in full prior (4)
to any issuance of permits and the physical connection of the private service line to the water
system.
SECTION 5. 13.04.040 Sewer Fees.
(1)
demands on the existing sewer system. Connection fees apply to new construction, changes in
use. and building modifications which increase the total number of ERU's. The Connection Fee
shall be the larger of the two calculation methods:
CONNECTION FEES: Connection fees are designed to mitigate the impact of new
(a) Fixture Count Method:
For a single family residence and apartment, the connection fee is $1,000 per
dwelling unit.
For commercial units, offices, motels, convalescent centers and other
nonresidential uses, the connection fee is $1,000 per ten fixtures or portion
thereof
Ordinance No. 1799
Page 7 of 14
For all other structures that are SeNed by municipal sewer, the connection fee
is $1,000 per ten fixtures or portion thereof.
A fixture is any fixture as defined in the Uniform Plumbing Code except water
heaters, floor drains used for emergency overflow only, drinking fountains if
noncontinuous flows and extra fixtures attached to existing or regular fixtures
such as bed pan washers, showers over tubs and hose attachments on sinks.
(b) Water Consumption Method:
For a single family residence and apartments, the connection fee is $1,000 per
dwelling unit.
For non-residential accounts, connection fee is $1000 per ERU. The ERU is
defined as 180 gallons per day of metered water consumption, which is
directed to the sanitary sewer system. The ERU consumption is based upon
metered water consumption or comparison to similar accounts when metered
water consumption data is not readily available.
(2)
required to connect the new service to the sewer main.
The installation fee is a flat fee based on the vicinity of the sewer main:
INSTALLATION FEE: Installation fees are designed to reimburse the utility for the cost
(a) Installed by city employees: If the main is within 25 feet of the property line, the
installation fee is $800 plus sales tax.
If the sewer service line exceeds 25 feet, or if the proposed construction is
unusually difficult, the installation fee will be based on an estimate completed
by the city for the required labor and material.
If the service is connected by other than city employees, the inspection fee of
$50 per lateral connection to the main will be charged. All materials shall
comply with the requirements of the city. If the city supplies any materials, the
cost of these plus overhead and sales tax will be paid by the customer.
(b)
(c)
(3) FEES IN LIEU OF ASSESSMENT: Fees in lieu of assessment shall be charged on
new accounts unless exempted as explained below:
(a) The property has previously participated in a sewer local improvement district
for sewer mains and there are records to verify this. Participation in ULlD No.
1 does not exempt property from a fee in lieu of assessment for mains.
The City Council exempts the property from the fees in lieu of assessment
because improvements on the property have substantially improved the sewer
system.
The Agreement Regarding the Latecomer Fees for Sewer ULlD No. 6 between
the City of Pori Orchard and Kitsap County waives the city fee in lieu of
assessment for the collection system. These are the properties that
participated in ULlD No. 6 or pay the ULlD No. 6 latecomer fee.
(b)
(c)
Ordinance No. 1799
Page 8 of 14
Fees in lieu of assessment for mains shall be based on the zone and termini method, as
prescribed by law and used in Local Improvement District #64.
(4) FACILITY CONSTRUCTION FEE: Facility Connection fees are designed to mitigate
the future construction costs for the wastewater treatment facility and have each new
connection pay a fair share towards the construction cost of the facility.
The Facility Connection Fee as of November 1. 1999 shall be $ 1,763.63 per dwelling unit for
each new service which physically connects to the sanitary sewer system except for the
following:
(a) The properties within Divisions 1 through IO. inclusively, of the McCormick
Woods Land Company shall have a Facility Connection Fee of $791.25 per
dwelling unit.
Properties within the original City of Port Orchard ULlD #I boundaries shall not
pay the Facility Connection Fee if the property had been assessed in the ULlD
#I.
(b)
For commercial units, offices. motels, convalescent centers, and other non-residential uses, the
Facility Connection Fee is $1,763.63 per Equivalent Residential Unit, ERU. The ERU is defined
as 180 gallons per day which is directed to the sanitary sewer system. The ERU consumption
is based upon metered water consumption or comparison to similar accounts when metered
water consumption data is not readily available. The above exceptions as listed for residential
properties are applicable for non-residential units.
The Facility Connection Fee shall be adjusted on November 1 of each year to reflect inflation
based on the CPI-U of Seattle.
(5) ULlD #6 LATECOMER FEE: As per the Agreement Regarding Latecomer Fees for
Sewer ULlD No. 6 between the City of Port Orchard and Kitsap County, the city shall collect the
latecomer fee established by the Agreement from properly owners outside the boundaries of
the ULlD who connect their properties to the improvements constructed as part of ULlD No. 6.
The city shall collect the latecomer fee at the same time as it collects applicable sewer
connection charges and/or fees in lieu of assessments related to sewer treatment plant costs.
Annually, on January 1, the city shall adjust the base latecomer charge by the amount of the
change in the most recent (August) All Urban Consumer Price Index (CPI) published by the
Department of Labor for the Seattle-Everett metropolitan area in the preceding twelve months.
The 2000 latecomer fee is $2,518.38.
(6) PAYMENT: All installation fees and fees in lieu of assessment shall be paid in full prior
to any issuance of permits and the physical connection of the private service line to the sewer
system.
SECTION 6. 13.04.050 Billing. The water and/or sewer charges shall be billed by the City
Treasurer bimonthly on the last day of the bimonthly period, to the property owner. The charges and rates shall
be due to the Treasurer, who is authorized and empowered to collect and receipt for such payments, on the first
day of the month following the receipt of services.
Ordinance No. 1799
Page 9 of 14
Charges remaining unpaid 30 days after the due date shall be considered delinquent and shall be subject to an
additional charge of ten percent of the unpaid balance as a penalty.
When a water andlor sewer bill shall become delinquent and a city employee must go to the premise during
normal working hours for the purpose of hanging a written notice on the door, there shall be a ten dollar charge
added to the account.
If the delinquent water andlor sewer charges remain unpaid over a period of thirty days afler the due and
payable date, service will be discontinued by turnoff. Service will not resume thereafter until the delinquent
charges and penalties, together with a turn-off fee, have been paid in full. The turn-off fee shall be $20.00,
unless the same account should become delinquent during a twelve month period. On a second occurrence,
the turn-off fee shall be $30.00. On the third occurrence and each subsequent occurrence, the turn-off fee shall
be $40.00.
Where both water and sewer delinquent charges are involved, the customer shall not be billed double penalties.
SECTION 7. 13.04.055 Miscellaneous Charges.
(1)
holidays or weekends, an additional charge of $30.00 will be added to the bill for this service.
When a customer requests a turn-onloff of service outside normal working hours or on
(2) There shall be a ten dollar charge added to the account when a landlord turns tenant's
water off, as they must sign a hold harmless form and then we give advance notice at the
service address.
(3) When a closing agent requests, by law, a final billing of utility services to real property
being sold, the utility shall provide the requesting party with a written estimated or actual final
billing. There will be a service fee of $20.00 charged for each request.
SECTION 8. 13.04.060 Liens. The City Treasurer is directed to prepare and file a lien
against any property where water andlor sewer charges or water andlor sewer connection fees remain unpaid
for four months as provided in RCW 35.21.290 and 35.67.200. A fee of $25.00 will be put on the account when
the lien is filed.
The remedy provided in this section shall be in addition to any other remedy now and hereafter provided by law.
All charges, together with penalties and interest which may be provided by the ordinance, shall be a lien upon
the property to which such service is furnished. Water andlor sewer charges or sewer connection liens shall be
superior to all other liens and encumbrances whatsoever, except those for general taxes and local and special
assessments. The liens shall be enforced by the city in the manner provided by law. The additional and
concurrent method of enforcing the lien of the city for the delinquent and unpaid charges by turning off the water
andlor sewer service from the premise shall not be exercised afler two years from the date of recording the lien
notice, as provided by law. One exception to this is to enforce payment of six months charges for which no lien
notice is required by law to be recorded.
SECTION 9. 13.04.070 Vacancies. In the event that the premises are or shall become
vacant andlor unoccupied, the basic charges for sewer shall continue, unless exempted as described below:
(1) Upon proper application, the Treasurer shall have the authority to make a billing
adjustment of $8.00 to the basic sewer service charges for any full month in which the individual
unit is vacant for such calendar month. The property owner must complete the appropriate
Ordinance No. 1799
Page 10 of 14
application within the first ten days following each calendar month period of vacancy to be
eligible for a billing adjustment of the sewer service charges. No sewer service charges shall
be adjusted on a pro-rata basis. Class 2 accounts without fixtures shall not receive any billing
adjustment.
(2) Vacant properties shall be subject to periodic inspections. A person who knowingly
submits an application containing false information shall be charged a penalty of twice the
sewer service rate for that period for which sewer service was credited. Any person charged
such a penalty may appeal to the City Council within 15 days of the penalty assessment.
SECTION IO, 13.04.080 Mother-In-Law Apartments (L Converted Homes. These are
apartments contained in a single family dwelling and are not a separate structure. These apartments are other
than duplexes or multi-family units.
(1) MOTHER-IN-LAW APARTMENTS:
The property owner lives in the single family dwelling.
The apartment does not have both a separate full kitchen and full bath. A full
kitchen is defined as one with a full size refrigerator, a stove, a sink and
cabinets. Afull bath is defined as one with a sink, a toilet and a bathing facility.
There is the capability of the apartment dweller to pass from the apartment to
the house through an interior door.
A mother-in-law apartment would be considered a single family residence and
would not be charged an extra connection fee or an extra monthly rate.
The Building Department shall inspect the proposed mother-in-law apartment
and report its findings to the City Treasurer. The City Treasurer shall make the
determination if a unit is a mother-in-law apartment and shall so notify the
property owner. The property owner may appeal the Treasurer's determination
with a written petition to the City Council.
(2) CONVERTED HOMES:
(a)
(b)
(c)
The property owner lives in the single family dwelling.
The apartment has both a separate full kitchen and full bath.
In order to be a converted home, the structure shall have been a single family
residence for at least five years.
A converted home would not be charged an extra connection fee, but would be
charged an extra monthly rate.
A property owner may apply for an exemption from the additional monthly rate
if a family member lives in the apartment. Application for exemption shall be
made on forms provided by the City Treasurer. When the family member
moves out of the apartment the property owner shall notify the city.
(d)
(e)
Ordinance No. 1799
Page 11 of 14
A family member is defined as a father, mother, spouse, children or
step-children.
Mother-in-law apartments and converted homes in existence prior to
September 24, 1990, shall be grandfathered and associated connection fees
are waived.
A duplex would still be charged two connection fees and two monthly rates and
is not a single family residence.
SECTION 11. 13.04.090 Discontinuation of Sewer Charges. Upon receipt of a written
statement by the owner of a lot or parcel of property which has previously been connected to the public sewer
system that there is no longer any building or structure for human occupation or use or for any business
purpose located thereon and that the toilet and other facilities therein have been removed, disconnected and
properly plugged from the public sewer system, and upon inspection by the Superintendent or his designated
representative to ascertain that the statement is true, the sewer charges shall cease as of the first day of the
following month.
SECTION 12. 13.04.100 Cross Connections. The installation or maintenance of any cross
connection which would endanger the water supply of the City of Port Orchard is prohibited. Such cross
connections are declared to be a public health hazard and shall be abated.
The control or elimination of cross connections shall be in accordance with WAC 246-290490. The policies,
procedures and criteria for determining appropriate levels of protection shall be in accordance with the Accepted
Procedure and Practice in Cross Connection Control Manual - Pacific Northwest Section - American Water
Works Association, Fourth Edition or any superseding edition.
It shall be the responsibility of the city to protect the potable water system from contamination or pollution due to
cross connections. Water service to any premises shall be contingent upon the customer providing cross
connection control in a manner approved by the City Engineer. Backflow prevention assemblies required to be
installed shall be a model approved by the Kitsap County Health Department.
The City Engineer, or his designated representative with proper identification, shall have free access at
reasonable hours of the day to all parts of the premises or within the building to which the water is supplied.
Water sewice may be refused or terminated to any premise for failure to allow necessary inspections.
SECTION 13. 13.04.110 Emergency Water Supply Conditions. Whenever an emergency
exists affecting the water supply of the city and it becomes necessary to curtail the use of water through
regulation and control of the use thereof, the Mayor shall declare such an emergency. Notice of the emergency
shall be published in the official newspaper by the City Clerk, setting forth rules under which water will be used.
The notice may include defining zones for use of water and setting forth hours during which lawn sprinkling may
be done. The notice shall include any restriction, as approved by the City Council, on the use of water that is
deemed necessary for the welfare of the inhabitants of the city and other users of city water. Such notice and
regulations established for the emergency shall be subject to change and shall be in full force and effect
throughout the emergency. Any changes in such regulations as published shall likewise be published before
taking effect. Regulations established for the emergency shall remain in affect until notice is published that the
emergency has passed.
SECTION 14. 13.04.120 Damaging the Utility System. No unauthorized person shall
maliciously, willfully or negligently break, damage, destroy, uncover, deface or tamper with any structure,
appurtenance or equipment which is part of the public water or sewer system. No person shall connect another
Ordinance No. 1799
Page 12 of 14
structure, apartment. or dwelling unit with a temporary hose or other pipe not permitted by the Uniform Plumbing
Codes for the purpose of providing water to that structure, apartment. or dwelling unit.
SECTION 15. 13.04.130 Discharging of Sewerage. It shall be unlawful to discharge or
cause to be discharged into the city sewer system or cause to be placed where they are likely to run, leak or
escape into the public sewer, any of the following:
(1) Ashes, cinder, sand, earth, rubbish, mud, straw, shavings, metal, glass, rags, feathers,
tar, plastic, wood, or any matter, which is capable of or likely to obstruct or interfere with the
capacity or operation of the public sewer.
(2)
inflammable or explosive upon introduction to the public sewer.
(3) Any matter having a temperature greater than 150 degrees F
(4) Sewage containing suspended solids in excess of 350 milligrams per liter.
(5) Sewage containing grease or oil in excess of 100 parts per million by weight.
(6) Matter with a B.O.D. greater than 300 milligrams per liter.
(7) Sewage with a PH lower than 5.5 and greater than 9.0.
(8) Garbage that has not been properly shredded.
(9) Sewage containing toxic or poisonous substances in sufficient quantity to injure or
interfere with any sewage treatment process or constitutes a hazard in the receiving waters of
the sewage treatment plant.
(IO)
(11) Waters from irrigation, storm drains, sump pumps, surface runoff, roof runoff,
subsurface drainage, ponds or reservoirs. When an unauthorized hookup of a drain or excess
infiltration is found to exist, the City Engineer shall notify the property owner that corrective
action is required and shall be accomplished within sixty calendar days. The City Engineer may
allow drainage of areas, not to exceed 750 square feet, if that area cannot be economically
drained other than using the sanitary sewer system.
(12)
(13)
than recreational vehicles or camp trailers.
SECTION 16. 13.04.140 Connection to Sewer.
(1)
Gasoline, benzine, naphtha, fuel oil, lubricating oil or any other matter which is
Any noxious or malodorous matter capable of creating a public nuisance
Contents from any septic tank or cesspool
Any unauthorized use of an established Recreational Vehicle Dump Station for other
The owner of each lot or parcel of real property within the city shall connect to the
public sewer system if the public sewer system is within 200 feet of the lot or parcel and
if one of the following conditions occur:
Ordinance No. 1799
Page 130f 14
(a) A new building or structure is constructed on an undeveloped parcel or lot and
use of the new building or structure generates wastewater.
An existing building or structure, which is served by an existing septic tank and
drainfield is remodeled or repaired in such a manner that the drainfield would
have to be expanded, as required by the Health Officer. In such a case, the
entire structure would have to be served by the public sewer system.
(b)
(c) The existing drainfield has failed and needs repair or replacement, as
determined by the Health Officer.
(2) The City Council may schedule a public hearing to review the circumstances of the
property to be connected to the sewer system, if requested by the property owner. The City
Council may modify or remove the requirements of mandatory sewer connection, if it deems it
necessary.
SECTION 17. 13.04.150 Side Sewer Responsibilities. That portion of any side sewer pipe
lying within a street right of way or easement shall be kept within the exclusive control of the city. That portion
of the side sewer lying beyond said right of way or easement shall be the responsibility of the sewer customer,
which is served by the pipe.
When a side sewer is blocked, it is the responsibility of the sewer customer to remove the blockage. If the
blockage is shown to the satisfaction of the City Council to be within the right of way or easement, the City
Council may reimburse all or part of the cost to remove the blockage.
13.04.160 industrial Sewer Users. SECTION 18,
(1) All major contributing industrial users of the public sewer system shall be required to
enter into an agreement with the City of Port Orchard to provide for the payment of their
proportionate share of the federal share of the capital costs of the sewage project allocable to
the treatment of such industrial waste.
(2) The recovery of the proportionate share of costs shall be determined by agreement
industrial user. The share of costs shall be based upon all factors, which significantly influence
the cost of the treatment works and shall be repaid, without interest, in at least annual
payments during the recovery period not to exceed the life of the project or thirty years. In the
event the city and users cannot agree as to the proportionate share to be repaid to the city, said
proportionate share shall be determined by arbitration and the arbitrator shall be appointed by
the presiding judge of the Kitsap County Superior Court.
(3) All major contributing users discharging into the treatment works shall be required to
comply, within three years, with the pretreatment standards established by the Environmental
Protection Agency. In accordance with the pretreatment requirements, major industries are
defined as those industries that:
(a)
(b)
Have a wastewater flow of fifty thousand gallons, or more, per average day.
Have a wastewater flow greater than one percent of the flow carried by the
municipal system receiving the waste,
Include the discharge of a toxic material (c)
Ordinance No. 1799
Page 14 of 14
SECTION 19. 13.04.170 Violation. Any person who violates any of the provisions of this
chapter shall become liable to the city for any expense, loss or damage occasioned by the city by reason of
such violation. Such person will be charged for any damage and may be assessed a civil penalty in an amount
not to exceed five thousand ($5,000) Dollars. Every day that the person is in violation shall be considered a
separate event and may be charged as such under this section.
SECTION 20. Appeals. The person may appeal the penalty to the City Council, provided
that the appeal is made in writing and filed with the City Clerk within fifteen (15) calendar days from the date of
notice imposing the penalty. The failure to appeal will constitute a waiver of all rights to an administrative
hearing and determination of the matter.
SECTION 21,
SECTION 22. Savings Clause.
Repealer. Ordinance No. 1778 is hereby repealed in its entirety.
Ordinance No. 1778, which is repealed by this ordinance,
shall remain in force and effect until the effective date of this ordinance.
SECTION 23. Severability. If any section, subsection, sentence, clause, or phrase of this
ordinance or amendment thereto, or its application to any person or circumstances is held invalid, the remainder or
application to other persons or circumstances shall not be affected.
B-
LESLIE J. WEATHERILL, MAYOR
PASSED by the City Council of the City of Pc
attested by the Clerk in authentication of such passage this 10t d s
Patricia Parks, City Clerk
rd, APPROVED by the Mayor and $2ffjb- -