Title 13
PUBLIC SERVICES

Chapters:

13.04 Utility Accounts

13.08 Electric Utility

13.10 Developers Extension Agreement for Electrical Construction

13.12 Solid Waste

13.14 Curbside and Yard Waste Recycling

13.16 Sewer System Use and Construction

13.20 Sewer Billings

13.24 Sewer Construction Charges

13.25 Sewer Systems – Transfer Agreement with County

13.26 Storm Drainage of Surface Water – Utility, Management and Maintenance

13.28 Water Service

13.29 Certificates of Water Availability

13.30 Developers Extension Agreement for Water and Sewer Construction

13.32 Cross Connections

13.35 Delinquent Penalty Charges on Utility Bills

13.36 Utility Billing Policies and Procedures

13.40 Repealed

13.42 School Impact Fees

13.43 Repealed

Chapter 13.04
UTILITY ACCOUNTS

Sections:

13.04.010 Assignment to collection company authorized.

13.04.010 Assignment to collection company authorized.

The clerk is authorized and directed to assign delinquent accounts from the department of utilities of the city to the collection company, provided, that the clerk shall maintain a list of those accounts assigned, and provided that the charges for collection shall not exceed the usual collection charges prevailing in Pierce County. (Ord. 514 § 1, 1965).

Chapter 13.08
ELECTRIC UTILITY¹

Sections:

13.08.010 Definitions.

13.08.020 Service application – Contents – Fee.

13.08.030 Electrical distribution fees.

13.08.040 Permit fees – New service connection – Conversion and rewiring.

13.08.050 Service charges on vacant property.

13.08.060 Electric bills – Payment – Delinquency – Turnon fees.

13.08.070 Underground distribution systems required when – Trench separation.

13.08.080 Overhead distribution installation on street – Pole provided when.

13.08.090 Overhead distribution installation on private property – Cleared area required.

13.08.100 Underground distribution installation on private property.

13.08.110 Service connection – Overhead or underground requirements.

13.08.120 Street light installation.

13.08.130 Meter – Installation – Testing.

13.08.140 Rearrangement of equipment – Changes.

13.08.150 Rearrangement of equipment – Special service.

13.08.160 City nonliability for damage – Defective wiring and appliances.

13.08.170 Interference with poles or structures prohibited – Unauthorized connections or modifications prohibited.

13.08.180 Meter placement.

13.08.190 Meter installation – Inspections required when.

13.08.200 Electric motor specifications.

13.08.210 City nonliability for damages – Power interruption or disturbed supply.

13.08.220 Customer maintenance of wiring and appliances required.

13.08.230 Electric department right of entry.

13.08.240 Removal of trees or obstructions interfering with equipment required.

13.08.250 Control of equipment vested in electric department.

13.08.260 Separate meters required when.

13.08.270 Turnon and turnoff charges.

13.08.280 Regular and commercial service rates.

13.08.285 Rates for senior citizens.

13.08.300 Notice required for service discontinuance – Charge doubled when.

13.08.310 Yard light rentals.

13.08.320 Applicability to street lights.

13.08.330 Council rulemaking authority.

13.08.340 Violation – Penalty.

13.08.010 Definitions.

As used in this chapter:

A. “Apartment”, “condominium”, or “roominghouse” means a house or houses with separate facilities either side by side or upper or lower, which house or apartment is occupied by separate families all under the same roof.

B. “Business unit” means one business having separate light facilities, operated by one owner or renter having one business identity and maintaining his/her own books.

C. “Cabin camps” or “seasonal resorts” means any number of cabins upon a property which are rented from time to time, by day, week, or month, but do not constitute a permanent residence.

D. “City” means the public works director, electrical foreman, clerk, treasurer, and/or any other city officials or agents representing the city in the discharge of their duties.

E. “Customer deposits” means money received for the purpose of securing the city’s anticipated outstanding indebtedness for electric services.

F. “Duplex dwellings” means attached or unattached constituted separate dwellings located upon one property.

G. “Family” means one or more individuals living in the same establishment and utilizing the same convenience and/or kitchen.

H. “Mobile home” means any building upon wheels which is occupied by a separate family from that of any other dwelling upon the same property.

I. “Premises” means a continuous tract of land or a building, including secondary buildings and places belonging to it within its entirety, being used by a single-family or single business.

J. Special Services. “At the expense of,” “special service” or “at the expense of the owner (or applicant)” means that such person shall make a deposit with the city of the amount fixed by this chapter or of the estimated cost plus 15 percent for overhead. In the latter case, the applicant shall be refunded any underrun or billed any overrun of the actual over the estimated cost, including overhead. (Ord. 796 § 1, 1979).

13.08.020 Service application – Contents – Fee.

All applications for electrical service to and the use of power within any premises shall be made at the office of the clerk by the owner or authorized agent. The application shall show the name of the owner or agent, mailing address, description of lot or tract, block and addition and name of street upon which the property fronts, together with the corresponding official house number assigned to the premises. The applicant shall state the purpose for which this service is to be used, whether for commercial or general service, the number of families to be served, and the kind of service connection required. At the time of filing the application, the applicant shall pay to the city

the fee or deposit required for the construction of the service connection hereinafter provided, or enter into a developer extension agreement and the necessary costs and fees thereof. The applicant shall further agree to conform to the rules and regulations of the electrical department that may be established by the city from time to time as a condition for the use of power and shall abide by all the terms and conditions of the developer extension agreement. (Ord. 1012 § 2, 1986; Ord. 796 § 2, 1979).

13.08.030 Electrical distribution fees.

A. In addition to any other charges whatsoever, there shall be a facilities charge assessed against each lot in all new, pending and undeveloped plats, short plats, and individual building sites. The applicable fee shall be based upon the minimum square footage lot requirement as defined in the latest city revised zoning code for single-family and multiple-family dwellings. All assessments in long plats shall be paid prior to energizing the system within the plat whether overhead or underground. Assessments on short plats and individual building sites shall be paid prior to furnishing electrical service.

B. The fee also applies to vacant building sites which previously contained a building or structure and also current sites containing a building or structure which has been occupied and the service removed or off for a period of two years or longer.

C. Commercial sites shall be assessed as indicated by Chapter 3.48 MMC. Assessments shall be paid prior to furnishing electrical service.

D. Any and all late comer fees that arise from developer extension agreements shall be paid prior to the furnishing of an electrical service. (Ord. 1012 § 3, 1986: Amended at city’s request, 2/9/84; Ord. 796 § 3, 1979).

13.08.040 Permit fees – New service connection – Conversion and rewiring.

A. New Service.

1. A new service is not to exceed 150 feet.

2. Service shall include placing a temporary meter on an approved placed pole as determined by the electric department and erected by the applicant or his contractor.

3. Connection shall be setting the permanent electric meter when final approval of electrical inspection has been posted by the Electrical Inspection Section of the Department of Labor and Industries, State of Washington.

B. Conversion and Rewiring.

1. The service provided will be a review by the electric department to determine if the conversion or rewire requested will require increased transformer capacity or service drop replacement.

2. The installation or alteration to meet the increased load will be made by the electric department when necessary after the posted approval of the conversion or rewire by the State Electrical Inspection Section.

3. The city will not require a permit modification if that modification is determined to be installation of a new light fixture, one or two receptacles in an existing room or some other minor change to the wiring of a building. (Amended at city’s request, 2/9/84; Ord. 820 § 1, 1980; Ord. 796 § 4, 1979).

13.08.050 Service charges on vacant property.

All electrical service charges shall continue against property vacated until such time as the party responsible therefor notifies the electric department in writing to discontinue said service. (Ord. 796 § 5, 1979).

13.08.060 Electric bills – Payment – Delinquency – Turnon fees.

All electric bills are payable at the administration office of the City Hall from 8:00 a.m. to 5:00 p.m., Monday through Friday. The City Hall is closed on legal holidays. All electric bills are past due after the 15th day of the month following billing or after the first business day following the 15th if that date is on the weekend or holiday, and service may be discontinued until paid in full. In the event service is discontinued, energy will not be made available until all balances are paid in full, plus a turnon fee, according to the city’s fee schedule. (Ord. 1398 § 2, 1999; Ord. 796 § 6, 1979).

13.08.070 Underground distribution systems required when – Trench separation.

A. It is the desire of the city to require the distribution system to be installed underground in plats and subdivisions. Exceptions to this rule could be certain short and long plats where a continuation of the existing overhead distribution would be determined by the city.

B. In areas where underground distribution is required, the developer shall furnish and install at his expense all items necessary to complete the distribution system within the plat. Prior to construction, the developer shall submit a plan designed by an engineer and approved by the city.

C. Where primary distribution is required to be extended into private property, the alternatives of overhead versus underground construction shall be determined by the city. In most situations, underground installation will be preferred.

D. Both underground primary and secondary installation shall not be jointly trenched with water or sewer, and a minimum distance of five feet separation shall be maintained at all times.

E. All underground primary will be in conduit. Telephone or cable TV wiring will not be allowed in the same conduit used for electrical wires. (Ord. 1047 § 1, 1987; Ord. 796 § 7, 1979).

13.08.080 Overhead distribution installation on street – Pole provided when.

A. In the event it becomes necessary to extend the distribution system along any street to serve a new customer, one new pole, with related equipment, will be provided by the city without charge to the customer except for transformer.

B. If more than one pole extension is required to serve a building site, the customer shall bear the expense of each additional pole, conductor and related hardware and equipment.

C. For a service connection other than for an individual dwelling site the customer shall bear total expense for installation including expense of poles, conductor, transformer and related hardware and equipment. (Ord. 1047 § 1, 1987; Ord. 796 § 8, 1979).

13.08.090 Overhead distribution installation on private property – Cleared area required.

A. Residential Development. The city will designate location and provide one pole and related equipment whether the pole is on public or private property. The cost of each additional pole, materials, and labor of installation including the transformer shall be borne by the customer.

B. Commercial Development. The city will designate location and provide one pole and related equipment whether the pole is on public or private property. The cost of each additional pole, and materials to include transformers and installation shall be borne by the customer.

C. Before consideration of service is given, the customer shall provide the city with a cleared area for construction. Consideration of construction and location shall include the feasibility of connecting other customers to the distribution system. An easement stipulating location and condition of use by others will be furnished to the city by the customer. (Ord. 1047 § 1, 1987; Ord. 796 § 9(A), 1979).

13.08.100 Underground distribution installation on private property.

A. When the length of service exceeds capabilities of servicing by a secondary connection, then primary distribution shall be installed. The customer shall pay for the following items based upon the city’s cost of materials at the time of purchase:

1. Conductor, per foot: from pole top to transformer;

2. Pad-mount transformers:

a. Residential development: shall pay the entire cost of transformers, to include vaults;

b. Commercial development: shall pay the entire cost of transformers, to include vaults;

3. Transformer pad;

4. Trenching and backfill at $1.25 per foot (the customer may be required to trench and backfill);

5. Conduit:

a. Primary from pole to trans-former;

b. Secondary from transformer to meter if city is responsible for secondary.

B. Before construction, the customer shall provide the city with a feasible location of construction. A consideration of location will be provisions to connect other customers to the distribution system. An easement stipulating location and condition of use by others will be furnished to the city by the customer.

C. All equipment furnished and installed either by the customer or the city shall become and remain the property of the city. (Ord. 1047 § 1, 1987; Ord. 796 § 9(B), 1979).

13.08.110 Service connection – Overhead or underground requirements.

A. Overhead service, including all necessary equipment will be furnished and installed by the city from the existing or new pole to the customer’s point of connection, the distance not to exceed 150 feet.

B. The electrical customer except single-family dwelling will be responsible for the secondary line from the transformer to the meter.

C. Underground service will be optional on services less than 150 feet and shall be required where distance is between 150 feet and the maximum length allowable for secondary conductor, usually not to exceed 250 feet total. (Ord. 1047 § 1, 1987; Ord. 796 § 10, 1979).

13.08.120 Street light installation.

A. The city will at no cost furnish, install and maintain street lights on existing public right-of-way.

B. The developer will install street lights on streets within the development. The cost of street lights and installation will be borne by the developer.

C. Lighting on private roads and driveways shall be installed and maintained by the owner (exceptions are yard light rentals from the city).

D. The spacing, placement and density of new lighting will generally follow the arrangement of existing lighting on city streets. (Ord. 1047 § 1, 1987; Ord. 796 § 11, 1979).

13.08.130 Meter – Installation – Testing.

A. The city shall have the right to install a meter on every service connection, with or without notice to the customer, which meter shall be installed in accordance with the National Electrical Code. The property owner shall be responsible for the protection of any equipment used to service his property, excepting natural depreciation.

B. Any customer protesting that the meter on his premises is not registering correctly may apply to the electric department for a meter test. The meter shall be tested by an accredited laboratory and test results furnished. In the event the meter is in good order, applicant shall pay the cost of the test, plus $10.00 for delivery and labor. If the meter is in bad order, it shall be paid for by the electric department.

C. In case a service is without a meter for a period of time, the bill shall be estimated based upon previous consumption.

D. If a meter does not function or operate correctly due to faulty wiring on the part of the customer, the consumer shall correct said faulty wiring within 10 days, or the service will be discontinued.

E. A single phase 200 amp, 120/240 volt meter will be furnished by the city for each connection. If the customer requires any other type of a meter they will pay the difference in the cost of the meter.

F. The meter shall be installed at a location approved by a representative of the city. The meter shall be accessible at all times. (Ord. 1047 § 1, 1987; Ord. 796 § 12, 1979).

13.08.140 Rearrangement of equipment – Changes.

Whenever it becomes necessary for the benefit of any customer or person to move, remove, change, rearrange, and/or disconnect any wires, poles, or equipment belonging to the city, the cost of labor and materials plus 15 percent overhead shall be charged to the customer or person requesting the work to be done. The minimum fees shall be $25.00. (Ord. 796 § 13(A), 1979).

13.08.150 Rearrangement of equipment – Special service.

If any special service of any type is required, which, in the opinion of the city is not permanent or is special in its nature, a proper charge shall be made for the cost of labor and material involved at the discretion of the city. (See MMC 13.08.010(J).) (Ord. 796 § 13(B), 1979).

13.08.160 City nonliability for damage – Defective wiring and appliances.

The city shall not be liable for any damages by fire or other cause resulting from defective wiring or appliances on the premises supplied with such electric current. The fact that the agents of the city may be inspecting the wiring and appliances shall not be pleaded as a basis for recovery in any case of damage to persons or property from defective wiring or appliances installed on such premises. (Ord. 796 § 14, 1979).

13.08.170 Interference with poles or structures prohibited – Unauthorized connections or modifications prohibited.

A. It is unlawful for any person to in any manner interfere, change, injure, mutilate, destroy, or to fasten paper boxes, posters, or to drive nails into any pole, or to remove, disconnect, or tamper with any of the machinery, poles, wires, meters, underground ducts, structures, cables, or other equipment or appliances belonging to the city or in any manner connected with the electrical system of the city. Exceptions are cable television and telephone.

B. It is unlawful for any person, other than a duly authorized employee of the electric department, acting under the authority of the city, to connect any house, premises, wires, or other appliances with the city’s electric circuits for the purpose of securing electric current therefrom or for any other purpose whatsoever.

C. If the seal of the electric department’s meter is broken, or if the meter from any cause does not properly register the actual power used, the consumer shall be charged with a consumption estimated by the department and the bill rendered accordingly. Any person guilty of breaking any seal without authority of the department will be guilty of a misdemeanor and shall be punished accordingly.

D. It is unlawful for any person to modify or change any of the electrical system within the building or premises without first obtaining a permit. Failure to obtain a permit will constitute grounds for disconnection of service, and in the event additional load resulted by reason of modifying or changing the electrical system without informing the city through the permit structure, and that additional load causes damage to the city’s equipment, that person shall be liable to the city for the damages. (Ord. 796 § 15, 1979).

13.08.180 Meter placement.

All meters shall be placed in a readily accessible location on the outside wall of the structure. Exceptions are condominiums, apartment houses, and hotels. No master metering of dwelling units will be allowed. (Ord. 796 § 16, 1979).

13.08.190 Meter installation – Inspections required when.

A. The meter sockets shall be located not less than five feet and not more than six feet above final grade.

B. The customer shall furnish and install all wiring and equipment exclusive of the watt-hour meter, in accordance with the latest edition of the National Electrical Code as amended and the electrical code of the city of Tacoma as amended.

C. All inspections shall be required and conducted by Tacoma Power. All conditions as may apply under Chapter 19.28 RCW shall be followed.

D. The city shall not energize any service or equipment that in their opinion is an unsafe condition, nor shall they energize any service until it has posted approval of Tacoma Power.

E. The city shall have the right at any time to disconnect the service from any customer, where, in the opinion of the city, there is evidence of an unsafe and dangerous condition. Service will not be restored until the corrections are made and, if necessary, approval by Tacoma Power. (Ord. 1422 § 1, 1999; Ord. 820 § 2, 1980; Ord. 796 § 17, 1979).

13.08.200 Electric motor specifications.

A. The customer must install and maintain, at all times, adequate relays or other protective equipment to protect any and all motors against low voltage and for three-phase motors against single-phasing operation also. The customer’s failure to comply with these requirements shall absolve the city from any responsibility for loss or damage resulting therefrom.

B. No single-phase motor of over three-fourths horsepower shall be connected for 120-volt service.

C. Where three-phase service is available, the aggregate motor load on single-phase service shall not exceed five horsepower, except by written consent of the city.

D. Reduced voltage type starting compensators will be required for all motors of seven and one-half horsepower and larger, except by written permission of the city where absence of such compensators will not cause objectionable voltage fluctuations on a customer’s service.

E. If a single-phase transformer or resistance type spot, seam, or arc welding machine is connected to the power system, the customer shall pay for the installation of a transformer to service this load. This transformer will be isolated from all other services so as not to cause undue flickering or disturbances to other customers. A separate meter will be installed and billing will be on the commercial rate. (Ord. 796 § 18, 1979).

13.08.210 City nonliability for damages – Power interruption or disturbed supply.

The city will use reasonable diligence to provide a regular and uninterrupted supply of current, but in case the supply of current should be interrupted or disturbed for any cause, the city shall not be liable for personal injuries or property damage or any damage whatsoever resulting therefrom, nor will such failure constitute a breach of agreement for service. (Ord. 1475 § 1, 2001; Ord. 796 § 19, 1979).

13.08.220 Customer maintenance of wiring and appliances required.

The customer shall at all times keep his wiring and appliances in such condition that they can be used for the purpose set forth in his application without causing damage, delay or loss to the city or to others. The department shall have the right to disconnect or refuse electric energy to machinery or apparatus that, in the opinion of its representatives, is detrimental to the rendering of good and satisfactory service to its other customers. (Ord. 796 § 20, 1979).

13.08.230 Electric department right of entry.

The electric department or its authorized agent shall have free access at reasonable times to any and all premises furnished with electric service by the department for the purpose of inspecting any wires or electrical devices on said premises, reading or installing meters, removing or repairing any property of the department, or for any other reasonable purpose in connection with the operation of the electrical system of the city. (Ord. 796 § 21, 1979).

13.08.240 Removal of trees or obstructions interfering with equipment required.

A. The customers must at all times remove any trees or shrubs or other obstructions of any kind or nature interfering with the electrical service wires, meter or any part of the distribution system. Said meter shall at all times be kept free from obstruction and readily accessible to the meter reader, and the path to the meter shall likewise at all times be kept free from obstruction. In the event this is not done after 30 days’ written notice to the customer by the city directing the attention of the customer to the objectionable conditions and upon the failure of the customer to correct said condition, the service meter may at the opinion of the city be removed and service disconnected until the objectionable condition has been corrected by the customer.

B. All trees overhanging city streets or rights-of-way shall be kept at least four feet from primary or secondary lines by the owner of the property on which such trees are growing. Property owners shall be held liable for any damage caused by said trees that are allowed to grow in violation of this provision. Property owners shall be notified in writing to remove trees or cut back overhanging foliage from trees which do not comply with the requirements of this section. In the event such property owners fail or refuse to move or cut back said trees after receipt of such written notice, the electric department shall remove said obstructions, and the cost of such removal shall be assessed against the owner of the property upon which such tree or trees and foliage are situated. In the further event that said condition creates a hazard dangerous to life or property, the said obstruction shall be removed immediately and without notice to the customer. The electric department shall notify the owners of the property on which there are trees deemed by the electric department to be unsafe and dangerous and likely to cause damage to the transmission distribution system of the city due to the excessive height or other conditions of the said trees, and the electric department shall on such notice, if it deems proper and necessary, request the pruning or removal of said trees. In the further event of the failure or refusal of the property owner to comply with the notice and request of the electric department relative to said dangerous trees or any parts thereof upon the transmission or distribution lines of the city causing damage thereto, the cost of such damage shall be assessed against the owners of the property upon which such trees are situated. (Ord. 796 § 22, 1979).

13.08.250 Control of equipment vested in electric department.

The ownership of and control over all distribution lines and extensions thereof, service wires, meters, and appurtenant equipment connected with the electrical distribution system shall be vested solely in the electric department of the city, and in no case shall an owner, agent, officer, or employee of any premises have the right to claim, remove, or change any part thereof without the approval of the electric department. (Ord. 796 § 23, 1979).

13.08.260 Separate meters required when.

Each unit defined under subsection A of MMC 13.08.010 shall have a separate electric meter, except in the case of a hotel or motel. A hotel or motel may have one meter for all units. Cabin complexes or resorts may have one meter for all units at the discretion of the electric utility department. (Ord. 796 § 24, 1979).

13.08.270 Turnon and turnoff charges.

A. All fees will be based on the latest fee ordinance.

B. When service is shut off for nonpayment, services will not be activated until the bill is paid in full or arrangements have been made for timed payments. (Amended at city’s request, 2/9/84; Ord. 940 § 1, 1983; Ord. 845 § 1, 1980; Ord. 796 § 25, 1979).

13.08.280 Regular and commercial service rates.

A. Rates for residences, schools, churches, apartments, cabins and other accounts not covered specifically by commercial rates are as follows:

1. Base ready-to-serve charge shall be $6.00 per meter per each calendar month.

2. Charge for each kilowatt hour shall be $0.0561.

B. Commercial Rates. A commercial establishment shall be classified as one of the following: cafe, service station, manufacturing concern, retail store, post office, laundries, offices, garages, restaurants and fast food establishments.

1. Base charges shall be $12.50 per each calendar month.

2. Charges per each kilowatt hour shall be $0.0621. (Ord. 1546 § 1, 2002; Ord. 1496 § 1, 2001; Ord. 1371 § 1, 1998; Ord. 941 § 1, 1983; Ord. 909 § 1, 1982; Ord. 796 § 26, 1979).

13.08.285 Rates for senior citizens.

A. This section shall allow senior citizens a discount of 30 percent on the monthly electric bill for those senior citizens who qualify.

Qualification

1. Age 65 years;

2. Income criterion from all sources:

      $6,000.00 annual income 1 person household

      $8,500.00 annual income 2 persons household

      $10,000.00 annual income 3 persons household

      $12,000.00 annual income 4 persons household

B. Each senior citizen requesting the 30 percent discount shall sign a certification form, a copy of which is attached to this section as though fully set forth in this section. (Ord. 941 § 2, 1983).

13.08.300 Notice required for service discontinuance – Charge doubled when.

Any consumer desiring to discontinue service shall give the office notice 24 hours in advance. Any request for turnon or turnoff on a weekend or legal holiday will have the normal charge doubled. (Ord. 796 § 27, 1979).

13.08.310 Yard light rentals.

The city will install, own and maintain the fixture and pole, if a pole is required. Pole rental will be $1.25 per month. The rental charge for the fixture shall be as follows: Energy will be provided on an unmetered basis:

      175 watt $3.75

      250 watt 4.25

      400 watt 5.70

(Ord. 796 § 29, 1979).

13.08.320 Applicability to street lights.

Street lights are under the jurisdiction of the electric department and are covered by this chapter. (Ord. 796 § 28, 1979).

13.08.330 Council rulemaking authority.

The council of the city reserves the right to make rules and regulations and pass resolutions covering any meter, subject, or condition in the maintenance and operation of the electric department which is not inconsistent with this chapter. (Ord. 796 § 30, 1979).

13.08.340 Violation – Penalty.

Any person violating any of the provisions relating to the rate schedules, general provisions and customer service policies governing the sale of electric energy shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be punished as set forth in Chapter 1.08, and in addition to the penalty provided in this section, the service to the premises of any person found guilty of violating these provisions shall be disconnected. The person violating same shall be liable for all damages resulting and for all energy used by reason of such violation. (Ord. 796 § 33, 1979).

Chapter 13.10
DEVELOPERS EXTENSION AGREEMENT FOR ELECTRICAL CONSTRUCTION

Sections:

13.10.010 Definitions.

13.10.020 City responsibility.

13.10.030 Reimbursement to contractor for local facilities costs.

13.10.040 Connection charge in lieu of assessment – Determination.

13.10.010 Definitions.

As used in this chapter:

A. “General facilities” means facilities conferring benefit beyond that received by immediate adjoining tributary properties (e.g., substation, transmission lines).

B. “Local facilities” means facilities conferring immediate vicinal benefit to a specific adjacent tributary property only. Benefit does not extend beyond adjacent property. (Ord. 1012 § 1, 1986).

13.10.020 City responsibility.

The city shall not be responsible for the payment of general facilities in the event local electrical facilities are constructed by a builder or developer or other private contract without the formation of a utility local improvement district and/or assessment therefor. (Ord. 1012 § 1, 1986).

13.10.030 Reimbursement to contractor for local facilities costs.

A. In the event electrical facilities are constructed without the formation of utility local improvement districts and/or assessment therefor, by a builder or developer or by other private contract, and said electrical facilities are pursuant to the comprehensive plan of the city, are accepted by the city and are constructed in accordance with the engineering design established by the city, the city shall collect from property abutting said electrical facilities, at the time of connection, for each electrical service a connection charge, and charge in lieu of assessment, and the city shall pay up to 75 percent of the costs of the local facility to the contractor, builder or developer of the facility, for a period of 10 years after the installation and acceptance of the electrical facility by the city, or until the 75 percent has been repaid, whichever occurs earliest. The remaining portion of the connection charge in lieu of assessment shall be deposited into the electrical fund.

B. The 10-year cost reimbursement period set forth above in subsection A shall be deemed to have been tolled during the pendency of any pending or subsequent moratorium on the construction of, as relevant, water or sewer facilities, except that in no event shall the 10-year period be tolled for more than five years, after which time the 10-year period or any time thereon remaining shall run. (Ord. 1224 § 2, 1993; Ord. 1012 § 1, 1986).

13.10.040 Connection charge in lieu of assessment – Determination.

The engineer and/or the public works director shall ascertain the actual construction costs, if known, of the local facility facing property abutting, or as otherwise equitably determined by the engineer and/or the public works director, and the engineer and/or public works director shall determine the connection charge in lieu of assessment for the property or a portion of the property lying within 120 feet from the facility, and said charge in lieu of assessment and in lieu of all other charges shall be collected and shall be based upon the benefit to the property or a portion of the property so abutting the facilities (e.g., $_____ per front foot, plus ___ cents per square foot). (Ord. 1012 § 1, 1986).

Chapter 13.12
SOLID WASTE²

Sections:

13.12.010 Findings.

13.12.020 Definitions.

13.12.030 Adequate containers required.

13.12.040 Burning garbage prohibited – Roadside dumping prohibited.

13.12.050 Collection days.

13.12.060 Disposal of other refuse than garbage.

13.12.070 Furnishing complying containers required when.

13.12.080 Unauthorized collection business prohibited.

13.12.090 Account payment.

13.12.100 Rate increase notice.

13.12.105 Solid waste utility taxes.

13.12.120 Delinquent accounts.

13.12.130 Violation – Penalty.

13.12.140 Severability.

13.12.010 Findings.

The maintenance of health and sanitation require that the collection, removal and disposal of solid waste within the city of Milton shall be compulsory and universal. (Ord. 425 § 1, 1959).

13.12.020 Definitions.

A. “Solid waste” means waste and discarded materials from dwellings, flats, roominghouses and business establishments. Said waste and discarded material means normal household waste. Articles such as rocks, discarded furniture and appliances and miscellaneous objects that cannot be placed in a container the size of a garbage can with the lid tightly closed will not be accepted as solid waste and will not be accepted for removal and disposal by the city.

B. “Person” shall mean every natural person, firm, copartnership, association or corporation. (Ord. 425 §§ 2, 3, 1959).

13.12.030 Adequate containers required.

It shall be the duty of anyone in charge of a single or multiple dwelling, school, business, manufacturing or industrial establishment where solid waste is created or accumulates to cause to be kept adequate containers for the deposit therein of such solid waste. Such containers are to be clean, watertight, and in good repair. A container may be up to but should not exceed a capacity of 32 gallons and should not exceed 37 pounds in weight when filled. Larger commercial type containers may be ordered from the garbage contractor. (Ord. 1495 § 1, 2001; Ord. 836 § 1, 1980; Ord. 425 § 4, 1959).

13.12.040 Burning garbage prohibited – Roadside dumping prohibited.

It is unlawful for any person to burn garbage, refuse, rubbish or debris. Natural vegetation may be burned in the approved manner upon obtaining a permit from the city fire chief or his designee. It is unlawful to dump or deposit any solid waste on any street or roadside or on any public or private property in the city or remove or dispose of the same except as provided by ordinance. (Ord. 836 § 2, 1980; Ord. 425 § 5, 1959).

13.12.050 Collection days.

Solid waste collections shall be made each week on days satisfactory to the solid waste collector. (Ord. 836 § 3, 1980; Ord. 425 § 6, 1959).

13.12.060 Disposal of other refuse than garbage.

Miscellaneous refuse and other disposable materials such as rocks, discarded furniture, appliances, automobile bodies, scrap and other disposable materials that do not qualify as solid waste as defined in MMC 13.12.020 shall be disposed of by the person or persons responsible therefor by making direct arrangements with the garbage collector and payment directly to the garbage collector by such person or persons. In the alternative, the person or persons responsible for such disposable materials may cause the same to be disposed of by any other suitable and proper private methods for transporting and conveying the disposable materials to a regularly established and maintained garbage dump. (Ord. 425 § 7, 1959).

13.12.070 Furnishing complying containers required when.

Upon written notice of the garbage collector, who shall also notify the office of the clerk, that the container is not satisfactory, the person thus notified shall forthwith comply with the rules of this chapter and furnish a suitable container as required in MMC 13.12.030. (Ord. 425 § 8, 1959).

13.12.080 Unauthorized collection business prohibited.

From and after the effective date of the ordinance codified in this chapter, it is unlawful for any person other than the solid waste department or its agent to engage in the business of collection, removal or disposal of solid waste in the city or for a person other than the solid waste department, its agents or employees to do or perform any of the things required by this chapter to be done or performed by the solid waste department. (Ord. 425 § 9, 1959).

13.12.090 Account payment.

Accounts for the solid waste service shall be billed directly to the customer by the solid waste contractor. (Ord. 1462 § 1, 2000; Ord. 1397 § 1, 1999; Ord. 425 § 10, 1959).

13.12.100 Rate increase notice.

No solid waste collection rate increase shall take effect without compliance with the notice requirements of RCW 35.21.157, as now or hereafter amended. (Ord. 1635 § 1, 2005).

13.12.105 Solid waste utility taxes.

The solid waste collection utility taxes imposed by MMC 5.32.030 as now or hereafter amended shall be charged to solid waste customers in addition to the rates specified in MMC 13.12.100. (Ord. 1567 § 1, 2003).

13.12.120 Delinquent accounts.

If a bill remains unpaid after 60 days from the billing date, the solid waste contractor shall send notification to the customer and property owner that services will be discontinued within 10 working days if payment is not received. The solid waste contractor shall notify the city in writing of noncompliance with the mandatory service section of the Milton Municipal Code. The solid waste contractor cannot impose any financial obligation on a property owner if he was not the customer. (Ord. 1462 § 2, 2000; Ord. 425 § 12, 1959).

13.12.130 Violation – Penalty.

Violation of any of the terms of this chapter is a misdemeanor. Any person or persons violating or failing to comply with any of the provisions of this chapter or any lawful rule or regulation adopted by the council pursuant to this chapter, upon conviction thereof, shall be punished by a fine of $50.00 per day for each day during which the violation of this chapter is continued, but not to exceed $500.00, or by imprisonment in jail for a term not to exceed 90 days, or by both such fine and imprisonment. (Ord. 1462 § 3, 2000; Ord. 836 § 5, 1980; Ord. 425 § 14, 1959).

13.12.140 Severability.

If any section, subsection, paragraph, sentence, clause or phrase of this chapter is declared unconstitutional or invalid for any reason, such decision shall not affect the validity of the remaining portion of this chapter. (Ord. 1462 § 4, 2000).

Chapter 13.14
CURBSIDE AND YARD
WASTE RECYCLING

Sections:

13.14.010 Established.

13.14.020 Purveyor.

13.14.030 Curbside collection.

13.14.040 Yard waste collection.

13.14.010 Established.

The city council, pursuant to the authority granted in RCW 70.95.160, hereby establishes a curbside recycling program for residences within the incorporated areas of Milton. (Ord. 1192 § 1, 1992; Ord. 1125, 1990).

13.14.020 Purveyor.

The city council hereby elects to use the solid waste collection company for the city curbside and yard waste recycling program. (Ord. 1192 § 1, 1992; Ord. 1125, 1990).

13.14.030 Curbside collection.

The city shall offer all residential households biweekly curbside pick-up of recyclables. The city shall provide three nestable, stackable recycling bins to each customer who chooses to participate in the program. The three bins will accommodate the following: one for glass, one for newspaper (mixed-waste paper), and one for aluminum and tin cans. (Ord. 1192 § 1, 1992; Ord. 1125, 1990).

13.14.040 Yard waste collection.

The city shall offer all residential households biweekly curbside pickup of yard waste. The city shall provide one 90-gallon covered container on wheels to each customer who chooses to participate in this program. The container will accommodate any material which is grown on residential property or is included in the landscaping of residential property, excluding rocks, related items such as sand or gravel, branches larger than four inches in diameter and stumps. Branches must fit in the container with the lid closed. The fee for the service shall be $4.75. (Ord. 1192 § 1, 1992).

Chapter 13.16
SEWER SYSTEM USE AND CONSTRUCTION

Sections:

13.16.010 Definitions.

13.16.020 Connection required when – Enforcement by city.

13.16.030 Unauthorized openings prohibited.

13.16.040 Side sewer business license – Required when.

13.16.050 Side sewer business license – Fee.

13.16.060 Side sewer business license – Bond.

13.16.070 Side sewer business license – Forms.

13.16.080 Sewer connection permit – Required when.

13.16.090 Sewer connection permit – Application.

13.16.100 Sewer connection permit – Fee – Bonded contractors required.

13.16.110 Sewer connection permit – Unusual situation review.

13.16.120 Sewer connection permit – City authorized to cause compliance.

13.16.130 Open trench work required – Water testing required.

13.16.140 Right of entry.

13.16.150 Inspection – Notice – Correction of defects.

13.16.160 Inspection – Required prior to trench filling.

13.16.170 Final inspection required when.

13.16.180 Pre-permit inspections permitted when – Fee.

13.16.190 Sewer connection permit – Time limit.

13.16.200 Use of contractor’s name by other prohibited – Change of address notification required.

13.16.210 Sewer connection permit – Owner or occupant’s permit.

13.16.220 Contracts with developers and property owners required.

13.16.230 Sewer construction – Compliance with specifications required.

13.16.240 Single sewer for each building required.

13.16.250 Use of old sewers permitted when.

13.16.260 Owner responsibility to obtain sewer connection information.

13.16.270 Construction specifications adopted by reference.

13.16.280 Prohibited discharges – Grease interceptors required when.

13.16.290 Preliminary treatment of wastes required when.

13.16.300 Industrial waste permit or approval required.

13.16.310 Discharge of violating matter – City determination required.

13.16.320 Sewage pretreatment required when.

13.16.330 Discharge of septic tank wastes prohibited.

13.16.340 Injuring or removing sewers prohibited.

13.16.360 Violation – Penalty.

13.16.010 Definitions.

As used in this chapter:

A. “Building sewers” means an intercepting sewer line from any sewer system, so constructed to transport sewerage from dwellings, buildings, structures or premises.

B. “City” means any city official so authorized to act in any appointed capacity, including but not limited to engineering, public works or administration, so constrained only by the particular duties entrusted to them.

C. “Contractor,” unless specifically defined otherwise, shall apply to any contractor duly licensed by the city.

D. “Person” includes all natural persons of either sex, groups, copartnerships, associations, companies, societies, corporations or firms, whether acting by themselves or by employee or agent; the singular number when necessary shall be held and construed to include the plural and the masculine pronoun to include the feminine.

E. “Sewer, sewer system or sanitary sewer” refers to the system of conveyance of waste and other sewage matter, exclusive of storm, surface or groundwaters.

F. “Side sewers or stub sewers” means an intercepting sewer line from the sewer system of the city to transport sewerage from the building sewer or premises on the private property. (Ord. 634 § 1.00, 1973).

13.16.020 Connection required when – Enforcement by city.

The city is empowered and it is its duty in all cases where there is a public sewer accessible to any lands, buildings and premises, or any lands, buildings or premises are within 300 feet of such public sewer, to compel the owner or agent of such lands, buildings or premises to construct or have constructed a suitable sewer or system of conveyance for use as a receptacle or conductor of waters or wastes as defined in this chapter with and to such accessible sewer. If any such connection is not made within the time period specified in this chapter, the council may thereafter designate and direct authority to cause such connection to be made and to file a statement of the cost thereof with the clerk and thereupon a warrant shall be issued and drawn on the sewer fund for payment of such costs. Such amount, together with a penalty of 10 percent, plus interest at the rate of seven percent per year upon the total amount of such cost and penalty, shall be assessed against the property upon which the said building or structure is situated and shall become a lien thereon, and the said assessment, penalty and interest shall be collected and the lien enforced by suit if necessary in the name of the city in any court of competent jurisdiction; further, whenever the public health requires that any lands, buildings or premises be connected with the public sewer, the city may serve upon the owner or agent thereof a notice specifying the time when such connection must be made, and if the owner or agent fails, neglects or refuses to connect said lands, buildings or premises with the public sewer within the time specified in such notice, the city may cause such connection to be made, and the amount paid for such connection shall be assessed against the premises, and said assessment shall be collected and the lien enforced by suit if necessary as provided in this chapter. (Ord. 634 § 2.01, 1973).

13.16.030 Unauthorized openings prohibited.

It is unlawful for any person to make any openings in any public sewer or connect any private drain or sewer therein without having first procured authority to do so as provided and in the manner prescribed by the city, including licensing and fees therefor required; provided, that is shall be the duty of the police, building officials and employees of the public works department, in case they shall find any person engaged in the work of breaking ground, excavating or in any manner preparing for the purpose of making connection with the public sewer, to attempt to ascertain if such person is duly authorized by license and permit from the city to make such connection, and in the event that such person is not so authorized, it shall be the duty of such officer or employee to order the cessation of activities under penalty for violation of this chapter, and to immediately report the incident to the city. (Ord. 634 § 2.02, 1973).

13.16.040 Side sewer business license – Required when.

Any person, firm or corporation in the side sewer business who desires to operate and to do work within the boundaries of the city and to construct and install building sewers and side sewers shall first make application for and receive a license to so operate. (Ord. 634 § 2.03, 1973).

13.16.050 Side sewer business license – Fee.

The license fee for the first year shall be $25.00 and for each year thereafter it shall be $25.00 per year; provided, that the side sewer contractor shall renew his license on or before the 31st day of December of each year. (Ord. 634 § 2.03, 1973).

13.16.060 Side sewer business license – Bond.

No person, firm or corporation shall receive a license to operate as a side sewer contractor unless prior to the issuance of the license, the side sewer contractor shall submit a bond in the sum of $5,000 for faithful performance of their work and shall submit a certificate of insurance showing that the side sewer contractor has a minimum of $300,000, $100,000 and $25,000 property damage insurance. (Ord. 634 § 2.03, 1973).

13.16.070 Side sewer business license – Forms.

The city will furnish all forms for the license application and shall further furnish and require that all side sewer contractors shall utilize a license agreement with each resident of the city in performing of the side sewer work embodied in the terms and conditions of this chapter and providing for proper and faithful performance of the work in accordance with the specifications of the city. (Ord. 634 § 2.03, 1973).

13.16.080 Sewer connection permit – Required when.

It is unlawful to connect any property or premises with a public sewer, to make repairs, alterations or additions to any building sewer or drain connected thereto, or to seal, abandon, or disconnect a building sewer, without first applying for and securing a permit therefor from the city, issued to a specific location. The permit application for a sewer or drain connection, repair, alteration or addition shall be made by the owner of such property or premises or by a duly licensed side sewer contractor representing the owner, and the city shall determine whether the permit application conforms to the requirements of applicable ordinances regulating side sewers and fee schedules. (Ord. 634 § 3.01, 1973).

13.16.090 Sewer connection permit – Application.

A. Any and all permit applications shall be made on specific forms provided by the city and shall be supplemented by any plans, specifications, diagrams or other information considered pertinent in the judgement of the city. Prior to issuance of any side sewer permit, the following completed forms will be required as a minimum:

1. An owner’s responsibility and acknowledgment of requirements form;

2. An application for side sewer permit form;

3. A plan or graphic diagram providing all dimensional requirements and the route of the proposed side sewer;

4. A clerk’s miscellaneous receipt (regardless of any fee requirements).

B. In the event an application is processed by a side sewer contractor according to the provisions contained in this section, the side sewer contractor shall present evidence of his valid existing side sewer license and evidence of a current bond and status in Pierce County and shall submit the agreement as provided in MMC 13.16.070. (Ord. 634 § 3.02, 1973).

13.16.100 Sewer connection permit – Fee – Bonded contractors required.

A. All connection fees and permits will be as required by Chapter 3.48.

B. Such new connections, and any new repairs or any work requiring excavation in the roads and other thoroughfares of the city shall be done only by bonded contractors, and in compliance with the ordinances of the city. (Amended at city’s request, 2/9/84; Ord. 634 § 3.03, 1973).

13.16.110 Sewer connection permit – Unusual situation review.

An application for permit that includes or encompasses any condition or situation considered to be unusual, unique or in any manner other than standard may be committed to review by the city for a determination, and such may include additional and/or modified requirements to more closely achieve the intent of the side sewer regulations. (Ord. 634 § 3.04, 1973).

13.16.120 Sewer connection permit – City authorized to cause compliance.

All work must be prosecuted to completion with due diligence and if, in the judgement of the city, any excavation is left open beyond a reasonable time, it shall cause the same to be refilled forthwith, and costs incurred in such work shall be charged to the property owner; and if any work done in pursuance of a permit granted as prescribed in this chapter is not constructed and completed in accordance with the plans and specifications approved by the city therefor and to the acceptance of the inspector so designated by the city, and the owner or contractor for such work refuses to properly construct and complete such work, notice thereof shall be given to the owner of said property for whom the work is being done, and the city may cause said work to be completed and said sewer connected in the proper manner, and the full cost of labor and materials necessary therefor shall be charged and become a lien against the property, and collectible in the manner so provided in this chapter. (Ord. 634 § 3.05, 1973).

13.16.130 Open trench work required – Water testing required.

All excavations required for the installation of the building sewer shall be open trench work, and the inspection required in this chapter shall require testing to be done with water to determine proper insulation in accordance with the provisions hereof. (Ord. 634 § 4.01, 1973).

13.16.140 Right of entry.

The city officials shall have the right to enter upon any premises to be connected with the public sewer at all reasonable times to ascertain if the same should be connected to the public sewer or if the provisions of this chapter have been, or are being, complied with, and if they shall find that such premises or provisions of this chapter are not being conformed to, they shall notify the owner of such premises, or his agent, of the fact, and it shall thereupon be the obligation of such owner, or agent, to cause such nonconforming construction theretofore completed to be so altered, repaired or reconstructed to make them conform to the requirements of this chapter within a specified time as determined to be adequate and reasonable by the city, and it shall be unlawful for any person to prevent, or attempt to prevent, any entrance or inspection or to obstruct or interfere with any such officer while engaged therein. (Ord. 634 § 4.02, 1973).

13.16.150 Inspection – Notice – Correction of defects.

Any person performing work subject to the provisions of this chapter shall notify the city when the work will be ready for inspection and shall specify in such notice the location of the premises. Such notice shall be given at least 24 hours in advance. The cost of unnecessary inspection trips to a job site may be charged to the applicant at the discretion of the city. If the inspector finds the work or material used is not in accordance with the provisions of this chapter, he shall notify the person doing the work and also the owner of the premises by posting written notice on the permit required to be posted upon the premises, and such posted notice shall be all that is required to be given of the defects in the work or material found in such inspection, and a copy of such notice shall be kept on file by the city. If such defects are not corrected within 30 days of such posted notice, the city, if in their opinion such defective work is detrimental to the public sewerage system, may order or cause the said defects to be corrected and the actual cost of such correction shall be chargeable to the owner as a service charge and shall be a lien upon the property served by such side sewer. (Ord. 634 § 4.03, 1973).

13.16.160 Inspection – Required prior to trench filling.

No trench shall be filled, nor any connecting sewer, until the work from where the same connects with the public sewer, or other outlet, to the point where it connects with the plumbing of the building or premises to be connected, shall have been inspected, tested and approved according to the provisions of this chapter and the rules and specifications contained herein. (Ord. 634 § 4.04, 1973).

13.16.170 Final inspection required when.

Final acceptance inspection may occur at and with the inspection prior to filling trenches as required in MMC 13.16.160; however, the city may at its discretion require a final or subsequent inspection and schedule same by such written notation upon the side sewer permit which is required to be posted on or near the job site. (Ord. 634 § 4.05, 1973).

13.16.180 Pre-permit inspections permitted when – Fee.

Pre-permit inspections can be requested by completing such a request form available from the city at a cost not to exceed $15.00. (Ord. 634 § 4.06, 1973).

13.16.190 Sewer connection permit – Time limit.

The permit issued under this chapter shall be valid for a period of 30 days unless specifically extended by the city officials. (Ord. 634 § 4.07, 1973).

13.16.200 Use of contractor’s name by other prohibited – Change of address notification required.

It is unlawful for any person licensed as a sewer contractor under the provisions of this chapter to allow his name to be used by any person, firm or corporation, either for the purpose of obtaining a permit, or for doing the work under his license, and it shall be the duty of every licensed sewer contractor to have his name and place of business recorded with the city and to immediately notify the city of any change of his address. (Ord. 634 § 5.01, 1973).

13.16.210 Sewer connection permit – Owner or occupant’s permit.

The city may issue such permit to the owner or occupant of any property to construct, extend, relay, repair, or make connections to a side sewer or private sewer lying inside his property line; provided, that such owner or occupant shall comply with the applicable provisions of this chapter, except he need not employ a licensed side sewer contractor to do such work. In the event a side sewer is to be disconnected or abandoned, the permit shall show location of pipe to be abandoned, and other details, including the sealing of the pipe. (Ord. 634 § 5.02, 1973).

13.16.220 Contracts with developers and property owners required.

The city may enter into developer extension agreements and contracts with property owners as determined to be in the best interests of the city upon approval by the council, under the requirements contained in this chapter, or as modified, to meet and accomplish intended results of this chapter. (Ord. 634 § 5.03, 1973).

13.16.230 Sewer construction – Compliance with specifications required.

All building sewers or side sewers which enter into or connect with the public sewer system of the city shall be built of such size, materials, and in such directions and with such grade and in such manner as provided for in the construction requirements as provided in MMC 13.16.270. (Ord. 634 § 6.01, 1973).

13.16.240 Single sewer for each building required.

A single building sewer shall be provided for every building unless the connection of more than one building to a single building sewer is approved by the city prior to the construction of such building sewer. No more than one multi-dwelling, industrial or commercial building shall be connected to the building sewer, unless so approved. If the building sewer is to exist on more than one parcel or building site, approved documents assuring that all properties involved shall have perpetual use of the building sewer, and having provisions for maintenance and access for repair purposes, shall be signed by the owners and shall be acknowledged and recorded with the county auditor and maintained on file with the city. (Ord. 634 § 6.02, 1973).

13.16.250 Use of old sewers permitted when.

Old or existing building sewers may be used only when they are found on inspection and tested to meet all the requirements of this chapter. (Ord. 634 § 6.03, 1973).

13.16.260 Owner responsibility to obtain sewer connection information.

The owner of any building or premises required to connect with a sewer system shall be responsible for obtaining such information from the city to provide adequate connection at the proper location and elevation at the sewer stub or tee at the point of connection and in all instances assure proper plumbing in accordance with existing specifications and related building and plumbing codes. (Ord. 634 § 6.04, 1973).

13.16.270 Construction specifications adopted by reference.

Construction specifications and requirements shall be contained in the exhibits attached to the ordinance codified in this chapter and made a part thereof and consist of:

A. Building specifications, Exhibit A;

B. Material specifications, Exhibit B;

C. Testing, Exhibit C;

D. Plan requirements, Exhibit D. (Ord. 634 § 6.05, 1973).

13.16.280 Prohibited discharges – Grease interceptors required when.

A. It shall be unlawful for any person to deposit garbage, rubbish, dead animals or any substance having a tendency to obstruct the flow of any sewer in any manhole, lamphole, flush tank, or sewer openings and except as provided in this chapter no person shall discharge or cause to be discharged, any of the following described waters, materials, substances or wastes in any public sewer:

1. Storm water, surface water, groundwater, roof runoff, subsurface drainage, cooling water or industrial process water, except as may be provided for in unique situations as approved by the city;

2. Any liquid or vapor having a temperature higher than 150 degrees Fahrenheit;

3. Any water or waste which may contain more than 100 parts per million by weight of fat, oil, or grease;

4. Any gasoline, benzene, naphtha, fuel oil, or other flammable or explosive liquid, solid or gas;

5. Any garbage that has not been properly shredded;

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

7. Any waters or wastes having a pH lower than 5.5 or higher than 9.0 or having other corrosive property capable of causing damage or hazard to structures, equipment and personnel of the sewage works;

8. Any waters or wastes containing a toxic or poisonous substance in sufficient quantity to injure or interfere with any sewage treatment process, constitute a hazard to humans or animals or create any hazard in the receiving waters of the sewage treatment plant;

9. Any waters or wastes containing suspended solids of such character and quantity that unusual attention or expense is required to handle such materials at the sewage treatment plant;

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

B. Grease and oil interceptors shall be required when, in the opinion of the city, they are necessary for the proper handling of wastes containing said substances in excessive amounts, or any flammable wastes or other harmful ingredients. (Ord. 634 § 7.01, 1973).

13.16.290 Preliminary treatment of wastes required when.

A. The admission into the public sewers of any waters or wastes having:

1. A five-day biochemical oxygen demand greater than 300 parts per million by weight; or

2. Containing more than 350 parts per million by weight of suspended solids; or

3. Containing any quantity of substances having the characteristics described in MMC 13.16.280; or

4. Having an average daily flow greater than two percent of the average daily sewage flow of the city;

shall be subject to the review and approval of the city.

B. Where necessary in the opinion of the city, the owner shall provide, at his expense, such preliminary treatment as may be necessary to:

1. Reduce the biochemical oxygen demand to 300 parts per million by weight; or

2. Reduce objectionable characteristics or constituents to within the maximum limits provided for in MMC 13.16.280; or

3. Control the quantities and rates of discharge of such waters or wastes.

C. Plans, specifications, and any other pertinent information relating to proposed preliminary treatment facilities shall be submitted for the approval of the city, and no construction of such facilities shall be commenced until said approval is obtained in writing. Where preliminary treatment facilities are provided for any waters or wastes, they shall be maintained continuously in satisfactory and effective operation, by the owner at his expense. (Ord. 634 § 7.02, 1973).

13.16.300 Industrial waste permit or approval required.

A. No industry shall be allowed to discharge sewage, waters, or wastes until said industry submits to the city an industrial waste permit issued by an agency of the state or has written approval from the council. When required by the city, the owner of any property served by a side sewer carrying industrial wastes shall install a suitable control manhole in the building sewer to facilitate observation, sampling and measurement of the wastes. Such manhole, when required, shall be accessible and safely located, and shall be constructed in accordance with plans approved by the city. The manhole shall be installed by the owner at his expense and shall be maintained by him so as to be safe and accessible at all times. All measurements, tests, and analysis of the characteristics of waters and wastes to which reference is made in this chapter shall be determined in accordance with Standard Methods for Examination of Water and Sewage, and shall be determined at the control manhole provided for or upon suitable samples taken at said control manhole. In the event that no special manhole has been required, the control manhole shall be considered to be the nearest downstream manhole in the public sewer to the point at which the side sewer is connected.

B. No statement contained in this section shall be construed as preventing any special agreement or arrangement between the city and any industrial concern whereby an industrial waste of unusual strength or character may be accepted by the city for treatment, subject to payment therefor by the industry concerned. (Ord. 634 § 7.03, 1973).

13.16.310 Discharge of violating matter – City determination required.

Before any matter of any nature may be discharged into the sewer system, which discharge might reasonably be considered a violation of this chapter, the controlling characteristic of such matter shall be determined to the satisfaction of the city. The responsibility of initiating such a determination, the costs involved, and of submitting the results of said determination for approval, lie solely with the party or parties desiring to discharge the matter into the sewer system. Verification of these results and the decision as to whether or not a permit shall be issued, shall be the responsibility of the city. The fact that any matter has been discharged into the sewer system prior to the passage of this chapter or subsequent thereto, without objection, does not constitute a valid right to so discharge such matter. Upon discovery by the city that any matter being discharged into the sewer does not conform to the requirements of this chapter, the city may immediately stop the discharge of such matter into the sewer system. (Ord. 634 § 7.04, 1973).

13.16.320 Sewage pretreatment required when.

When at the time it becomes necessary or desirable to discharge into the sewer system any matter from any source which does not conform to the requirements contained in this chapter, it is required that before such matter may be discharged into the sewer system, the producer thereof shall pretreat same at his own expense to a degree that will produce an effluent which does conform to the said requirements. Such pretreatment plants shall be understood to include grease traps, chemical or biochemical plants, sedimentation chambers and any other devices which effect a change of any nature in the characteristics of the matter being treated. Any and all such devices and equipment shall be subject to the approval of the city and shall not be put in operation without a written permit of approval issued by the city and shall be provided with all necessary features of construction to permit inspection of operations and testing of material passing through them and shall be open to the inspection of the city at any time; provided, however, that the producer in lieu of the treatment of said sewage, as herein provided for, may, with the written approval of the city being first obtained, discharge said sewage, waste or other matter into said sewage system, and be subject to the payment of the additional cost of the treatment thereof. (Ord. 634 § 7.05, 1973).

13.16.330 Discharge of septic tank wastes prohibited.

No person, firm or corporation shall discharge septic tank wastes into the sewer system of the city. (Ord. 761 § 1, 1978; Ord. 634 § 7.06, 1973).

13.16.340 Injuring or removing sewers prohibited.

It is unlawful for any person to injure, break, or remove any portion of any manhole, lamphole, flush tank, or any part of the public sewers of the city within the confines of the utility local improvement district or system of sewerage under the jurisdiction of the city. (Ord. 634 § 8.01, 1973).

13.16.360 Violation – Penalty.

Any person, firm or corporation who violates or fails to comply with any provision of this chapter shall be guilty of a misdemeanor and upon conviction thereof shall be punished as set forth in Chapter 1.08. (Ord. 634 § 8.03, 1973).

Chapter 13.20
SEWER BILLINGS

Sections:

13.20.010 Applicability.

13.20.020 Definitions.

13.20.030 Charges monthly – Failure to mail no relief of payment responsibility.

13.20.040 Billing commencement date – Request for discharge.

13.20.060 Establishment of classifications – Appeal – Hearing.

13.20.070 Rates and charges adopted.

13.20.080 Violation – Penalty.

13.20.010 Applicability.

This chapter shall apply and extend to all of the area defined in the comprehensive sewer system plan as now adopted and hereafter amended and enlarged by the council of the city. (Ord. 651 § 1, 1974).

13.20.020 Definitions.

Definitions within the construction of this chapter apply as follows, except where the context clearly indicates otherwise:

A. “Commercial units” means business or transient accommodations (including, but not limited to all businesses licensed under the codes of the city) other than residential units; i.e.:

1. Each unit of motels, hotels, or transient accommodations;

2. One business operated under a single business identity and having independent sanitary facilities;

3. A combination of a business and a single-family residence in a single building that provides more than one sanitary facility, is considered to be both a domestic unit and a commercial unit;

4. Where there are multiple businesses situated in a single building each operating independently of the other, each individual business shall be considered as an individual commercial unit.

B. “City” means the city of Milton, Washington, or as indicated to be, a city official in discharge of duties connected therewith.

C. “Council” means the city council of Milton.

D. “Domestic units” means residential accommodations designed for, or occupied by, one family, i.e., a single-family dwelling.

E. “Multiple units” means residential accommodations consisting of the same number of domestic units as there are dwelling units, i.e., multiple-family dwellings such as duplexes, triplexes or apartments.

F. Repealed by Ord. 1166. (Ord. 1166 § 1, 1991; Ord. 651 § 2, 1974).

13.20.030 Charges monthly – Failure to mail no relief of payment responsibility.

Charges for furnishing sewer disposal service will be billed on a monthly basis. The charges provided for in this chapter shall apply wherever sewer service is available pursuant to the specifications of Chapter 13.16, whether or not a connection to the sewer system has, in fact, been made. The billings will be mailed to the owner of the property where the available sewer service is located. Failure to receive said bills shall not relieve any person from the legal obligation to pay the same, nor shall it relieve the responsible person from the enforcement of the lien as provided in this chapter. In the event property changes ownership prior to the last day of the month in which a sale is made, billing for the entire calendar month will be charged to the seller. (Ord. 651 § 3(a), 1974).

13.20.040 Billing commencement date – Request for discharge.

A. Every residence, building, plant or other structure to whom sewer service is available on April 1, 1974, will be billed for service commencing on that date. Buildings constructed or remodeled to involve the previous sanitary facilities to the extent that a change in classification becomes necessary after April 1, 1974, will be billed at the first billing after habitation or use of the structure or 30 days after the issuance of the sewer connection permit, whichever event occurs first.

B. All buildings and structures no longer requiring sewer disposal service because of being demolished or removed may be discharged from the utility service charge upon written request and upon prior written approval of the council. (Ord. 651 § 3(b), 1974).

13.20.060 Establishment of classifications – Appeal – Hearing.

The city reserves the right to establish classifications and to determine the classification of a customer service for the purpose of affixing a sewer service disposal rate. In event there arises a dispute relating to the type of customer receiving sewage disposal service and the corresponding service rate, the determination made by the city shall be binding upon the customer receiving sewage disposal service; provided, that a customer shall have the right to appeal said determination to the council. Upon receipt of an appeal, the council shall set a date for hearing on said appeal and shall hear and determine the matter. The determination by the council shall be binding and final; provided, that the aggrieved customer may petition for review of the council’s action to the Superior Court of Pierce County. (Ord. 651 § 4, 1974).

13.20.070 Rates and charges adopted.

A. The council adopts, establishes and fixes the monthly sewer service rates and charges and monthly commodity charges for each customer class as follows:

1. Domestic and Residential Business Service Charges and Commodity Charges:

February 16, 1992 - 1993

Classification	Monthly Rates	Monthly Service Charge	Commodity Charge $x100 Cubic Ft of Water Usage
	(through 2/15/92)
Domestic unit.	$22.75 each	19.80	.60
Accessory building connected with a domestic unit & capable of providing living quarters or individual habitations.	22.75 each	19.80	.60
Dual or multiple units per unit.	22.75 each	19.80	.60
Residence with a “Home Occupation” as defined per MMC Section 17.08.380.	22.75 each	19.80	.60
Business in the same building with a residence, and with a common sanitary facility shall be charged.	32.49 each	19.80	.60
Business in the same building with a residence with individual sanitary facilities shall be charged.	45.48 total	39.60	.60

2. Commercial and Industrial Service Charges and Commodity Charges.

a. Service charges for commercial and industrial sanitary users on the following table shall be a fixed charge per month:

Fixed monthly service charge:

through

12/15/91 12/16/92 1993

$10.30 $9.15 $9.15

b. Commodity Charges. In addition, the users on the following shall pay the appropriate flow rate per each 100 cubic feet of metered water use, as identified in Table I:

TABLE I

RATES FOR COMMERCIAL/INDUSTRIAL USER GROUP

SIC NO. CODE	Monthly Rate (through 12/15/91)	12/16/91– 12/15/92	12/16/92 – 1993
10. Food processors	$5.835	Varies w/ Strength	Varies w/Strength
11. Bakeries (manufacturers)	2.368	3.17	3.33
12. Candy producers	2.469	4.48	4.73
13. Soft drink beverage manufacturers	1.588	2.30	2.40
14. Seafood processors	1.805	2.59	2.71
15. Paperboard mills	2.368
16. Book printers	1.559
17. Map printers	1.502
18. Commercial printers	1.502	1.85	1.93
19. Business form printers	1.502	1.85	1.93
20. Photo engravers	2.065	3.10	3.25
21. Chemical processors	1.718	1.91	1.99
22. Plastic/synthetic resin manufacturers	1.415
23. Paint manufacturers	2.816	3.30	3.46
24. Fertilizer manufacturers	1.545	1.72	1.79
25. Food adhesive manufacturers	1.535
26. Asphalt shingle manufacturer	1.733	2.01	2.10
27. Clay products manufacturer	2.036
28. Ceramic tile manufacturer	2.036
29. Concrete readymix supplier	1.863	2.09	2.19
30. Lime manufacturer	1.733	1.84	1.92
31. Ferrous foundries	1.819	2.03	2.11
32. Metal can producers	1.242	1.37	1.42
33. Platers	1.473	1.51	1.56
34. Coating and engraving servicers	1.978	2.87	3.02
35. Vehicle parts manufacturer	3.119	3.04	3.18
36. Aircraft part manufacturers	1.473	1.70	1.76
37. Bus maintenance depot	3.495	3.30	3.47
38. Gas producers & distributors	1.675
39. Meat distributors	1.935	3.27	3.45
40. Grocery stores	1.935	2.53	2.66
41. Meat & fish markets	2.123	3.27	3.45
42. Bakery stores	2.339	3.17	3.33
43. Auto dealers	2.065	2.18	2.29
44. Restaurant	3.986	4.69	4.95
45. Tavern	1.545	1.89	1.98
46. Hotels & motels	1.545	1.89	1.98
47. Commercial laundries	2.859	3.85	4.06
48. Laundromats	1.516	1.85	1.93
49. Photo studios	1.343	1.73	1.81
50. Funeral services	1.733	2.10	2.19
51. Photo finish laboratories	1.343	1.78	1.86
52. Body & paint shops	2.065	2.18	2.29
53. Auto repair, repair and paint shops	2.065	2.18	2.29
54. Car washes	1.532	1.86	1.94
55. Drive-in cinemas	2.816	2.18	2.29
56. Bowling alleys	2.065	2.44	2.56
57. Nursing homes	1.473	1.92	2.01
58. Hospital	1.689	2.05	2.15
59. Other commercial users domestic strength	1.67	2.00	2.09
60. Schools	1.67	2.00	2.09
61. Restaurants - out of city	5.98	7.04	7.43
62. Laundromats - out of city	2.27	2.78	2.90
63. Grocery stores - out of city	2.90	3.80	3.99
64. Commercial laundries - out of city	4.29	5.78	6.09
65. [no entry]
66. Other commercial uses - out of city	2.51	3.00	3.14

c. Food Processors Commodity Charges. Charges for any customer in Code Classification 10 shall be determined using the monitored result basis set forth in the Official Code of the City of Tacoma at Sections 12.08.390 and 12.08.400, which sections are adopted by reference as though set forth herein in full, under the following formula as applied to Milton customers:

1991: $.85 x the rate established by the City of Tacoma + $.70

1992 and 1993: $.85 x the rate established by the City of Tacoma + $.60

3. Calculation and Review of Commodity Charges. The monthly commodity charge for all customer classes other than industrial and commercial shall be based on the winter average water use. The winter average water use shall be determined on the water consumption of January, February, November and December.

a. The winter average shall be recalculated each year for each customer to which the winter average applies and the amount determined shall be used in the rate calculation for the succeeding 12-month period.

b. In the event a residential customer has had continuous service from the city water system for a 12-month period including the months used in the winter average calculation, the winter average established by said customer shall continue to be used until recalculated, as provided in subsection c of this section, even though the customer relocates to a new service address.

c. In the event that a customer does not have a unique and separate winter average, or is not in residence for a full winter average period, the director of public works shall:

i. Assign the winter average as determined by the whole class of customers connected to the system; or

ii. Use the months within the winter average period for which a record exists for the customer in determining the winter average.

d. Where a customer is connected to a water system not operated by the city of Milton, the customer shall provide copies of billings, showing water consumption, to the city of Milton at such intervals to allow proper and timely billing by the city of Milton for sewer rates. Such customer shall also pay the monthly service charge.

e. Where a customer is not connected to a public water system, the director of public works shall determine and establish the commodity charge taking into account like users. Such customer shall also pay the monthly service charge.

f. If a group of units is served by one water meter, the commodity charge per each 100 cubic feet of water used for each unit shall be determined by dividing the total water usage by the number of units served by that meter.

g. The commodity charge shall be determined as follows:

i. Industrial and commercial customer classes the metered monthly water use per 100 cubic feet shall be rounded up to the nearest 100 and multiplied by the commodity charges indicated therein.

ii. All other customer classes: the calculated monthly average water use based on the winter average shall be rounded up to the nearest 100 and multiplied by the commodity charges indicated herein.

B. All residential and commercial customers outside the city limits shall have a 50 percent surcharge on the service charge and on the commodity charge.

C. Where two or more classifications apply the higher rate shall be charged. Where one connection is made to serve more than one commercial unit the service charge and the commodity charge, shall be based on the total of the units served. Special or unusual situations may have rates established by contract or by determination by the council upon written request for such determination.

D. Any commercial business such as a service station so facilitated to receive discharge of sewage from other than commercial transporters or sewage disposal businesses may upon the approval of the public works department and upon the payment of a $100.00 fee receive an annual permit for such service to travel trailers, campers and similar recreational vehicles.

E. There shall be no commercial or private dumping of septic tanks into the Milton sewer service.

F. The effective dates of service charges and commodity charges shall take effect as set forth below:

1. Domestic and residential business service and commodity charges shall change on February 16, 1992 as set forth at Section 13.20.070A1 and shall continue in effect until otherwise amended.

2. Commercial and industrial service charges shall change December 16, 1991 and again December 16, 1992 as set forth at Section 13.20.070A2(a) and shall continue in effect until otherwise amended.

3. Commercial and industrial commodity charges shall change December 16, 1991 and again on December 16, 1992 as set forth at Section 13.20.070A2(b) and shall continue in effect until otherwise amended. (Ord. 1167 § 1, 1991; Ord. 1166 § 2, 1991; Ord. 1045, 1987; Ord. 827 § 1, 1980; Ord. 734 § 1, 1977; Ord. 651 § 1, 1974).

13.20.080 Violation – Penalty.

Any person, firm or corporation who violates or fails to comply with any provision of this chapter shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished as set forth in Chapter 1.08. (Ord. 651 § 6, 1974).

Chapter 13.24
SEWER CONSTRUCTION CHARGES

Sections:

13.24.010 Sewer line construction required when.

13.24.020 No charge for existing sewer when.

13.24.030 Determination of construction charges.

13.24.040 Repealed.

13.24.050 Repealed.

13.24.010 Sewer line construction required when.

A. Where premises are not served by any sewer line, a sewer line shall be installed in the street fronting said premises, and said sewer line shall extend to and connect to the nearest standard sewer line; provided, that said line shall be in accordance with the standard of sewer construction adopted by the city.

B. The owners of the premises to be served by a sewer line shall pay the entire cost of construction and installation of such sewer line and appurtenances, whether financed by formation of a location improvement district or by one or more property owners. (Ord. 696 § 1, 1976).

13.24.020 No charge for existing sewer when.

Where the premises are served by an existing sewer collection line, there shall be no charge for construction of same if said line was installed by local improvement district or if the line was installed by the owner of the premises or if the owner of the premises has contributed to the cost of private installation of said system. (Ord. 696 § 2, 1976).

13.24.030 Determination of construction charges.

Where the premises are served by an existing sewer line and the premises have not contributed to payment of the construction of same, there shall be a sewer construction charge at the time of connection, as follows: for all premises, $6.50 per lineal foot based upon the following formula: determine frontage as follows:

A. Regular lots 120 feet or more deep, sewer along front: assess frontage;

B. Corner lots, sewer on one side:

1. Frontage = Width x Depth

           120

(Depth not to exceed 120 feet)

2. All area within 120 feet of right-of-way which contains sewer, divided by 120 feet;

C. Corner lots, sewer on more than one side: frontage = All area within 120 feet of right-of-way which contains sewer, divided by 120 feet;

D. Irregular lots: frontage = all area within 120 feet of right-of-way which contains sewer, divided by 120 feet;

E. Dead end sewer: treat as if it extends 120 feet each way from end parallel to abutting properties, and apply subsections A through D of this section, as appropriate. (Ord. 696 § 3(a), 1976).

13.24.040 Fee in lieu of assessment – Generally.

Repealed by Ord. 1098.

13.24.050 Fee in lieu of assessment – Multifamily development.

Repealed by Ord. 1098.

Chapter 13.25
SEWER SYSTEMS – TRANSFER AGREEMENT WITH COUNTY

Sections:

13.25.010 MMC subordinate to county provisions.

13.25.010 MMC subordinate to county provisions.

As of April 1, 1995, any provisions of Chapters 13.16, 13.20 and 13.24 MMC that conflict with any provisions of the “Pierce County-City of Milton Sanitary Sewer System Transfer Agreement” shall be subordinated to those provisions of the “Sewer Transfer Agreement” with which the MMC provisions are in conflict. (Ord. 1268 § 1, 1995).

Chapter 13.26
STORM DRAINAGE OF SURFACE WATER – UTILITY, MANAGEMENT AND MAINTENANCE

Sections:

13.26.010 Findings.

13.26.020 Potential hazard declared.

13.26.030 Purpose.

13.26.040 Storm and surface water management utility created – Responsibilities.

13.26.050 Property transferred to utility.

13.26.060 Utility plan.

13.26.070 Utility administered by director.

13.26.080 System of charges.

13.26.090 Charges.

13.26.100 Billing and collection.

13.26.110 Penalties for nonpayment of bills.

13.26.120 Storm and surface water utility account – Annual report.

13.26.130 Reserved.

13.26.140 Appeal of charges, rate adjustments, and credit determinations.

13.26.150 Definitions.

13.26.160 General provisions for permitting.

13.26.170 Regulated activities and allowed activities.

13.26.180 General requirements.

13.26.190 Approval standards.

13.26.200 Minimum requirements.

13.26.210 Contents of a storm water site plan.

13.26.220 Variance.

13.26.230 Purpose – Maintenance.

13.26.240 Maintenance – General requirements.

13.26.250 Inspection program.

13.26.260 General provisions.

13.26.270 Applicability.

13.26.280 Administration.

13.26.290 Enforcement.

13.26.010 Findings.

A. The city council finds that all real property in the city contributes runoff to the common drainage problem, and that all real property in the city benefits from the storm and surface water utility system in the city.

B. The city council finds that the intensity of development on all parcels of real property, as measured by the square footage of impervious surface area, is an appropriate basis for determination of an individual parcel’s contribution to the problem of storm and surface water runoff.

C. The city council also finds that each owner of a parcel of real property within the city should pay for his or her share of the cost of constructing, operating, maintaining, repairing, improving and replacing drainage facilities in proportion to the amount of runoff contributed to the drainage system.

D. The city council finds that the storm water utility protects all city properties, whether or not those properties contribute to storm water runoff. The storm water utility provides a benefit to all city property owners by protecting groundwater and protecting residents from flooding, landslides, erosion, and water quality degradation. (Ord. 1655 § 1, 2006).

13.26.020 Potential hazard declared.

The city council finds and declares that, absent effective maintenance, operation, regulation and control, existing storm water drainage conditions in all drainage basins within the city constitute a potential hazard to the health, safety and general welfare of the city. The city council further finds that natural and manmade storm water facilities and conveyances together constitute a storm water drainage system, and that effective regulation and control of storm water through formation, by the city, of a storm and surface water utility require the transfer to the utility of all storm water facilities and conveyances and related rights belonging to the city. (Ord. 1655 § 1, 2006).

13.26.030 Purpose.

The provisions of this chapter are intended to guide and advise all who conduct new development or redevelopment within the city. The provisions of this chapter establish the minimum level of compliance which must be met to permit a property to be developed or redeveloped.

It is the purpose of this section to:

A. Minimize water quality degradation and control of sedimentation in streams, ponds, lakes, wetlands, and other water bodies;

B. Minimize the impact of increased runoff, erosion, and sedimentation caused by land development and maintenance practices;

C. Maintain and protect groundwater resources;

D. Minimize adverse impacts of alterations on ground and surface water quantities, locations, and flow patterns;

E. Decrease potential landslide, flood, and erosion damage to public and private property;

F. Promote site planning and construction practices that are consistent with natural, topographical, vegetational, and hydrological conditions;

G. Maintain and protect the city storm water management infrastructure and those downstream;

H. Provide a means of regulating clearing and grading of private and public land while minimizing water quality impacts in order to protect public health and safety;

I. Provide minimum development and redevelopment regulations and construction procedures which will preserve, replace, or enhance, to the maximum extent practical, existing vegetation to preserve and enhance the natural qualities of lands, wetlands, and water bodies.

J. Preserve and enhance the suitability of water for contact recreation and fish habitat; and

K. Protect threatened and endangered species and their habitats. (Ord. 1655 § 1, 2006).

13.26.040 Storm and surface water management utility created – Responsibilities.

There is created and established pursuant to Chapters 35A.80 and 35.67 RCW, and Article II, Section 11 of the Washington State Constitution, a storm and surface water utility. All references to “the utility” in this chapter refer to the storm and surface water utility. The utility will have authority and responsibility for planning, design, construction, maintenance, administration and operation of all city storm water conveyances and facilities. (Ord. 1655 § 1, 2006).

13.26.050 Property transferred to utility.

Title and all other incidents of ownership of the following assets are hereby transferred to and vested in the utility: all properties, interests and physical and intangible rights of every nature owned or held by the city, however acquired, insofar as they relate to or concern storm water, further including, without limitation, all properties, interests and rights acquired by adverse possession or by prescription, directly or through another, in and to the drainage or storage, or both, of storm waters, through, under or over lands, watercourses, sloughs, streams, ponds, lakes and swamps, all beginning in each instance at a point where storm waters first enter the system of the city and ending in each instance at a point where the storm waters exit from the system of the city, and in width to the full extent of inundation caused by storm or flood conditions. (Ord. 1655 § 1, 2006).

13.26.060 Utility plan.

There is hereby specified and adopted as the system and plan of the utility, including a declaration of the estimated costs thereof, the city storm water management plan dated March, 1996. Where there is any conflict or discrepancy between the provisions of the plan and any provision of this chapter, the latter shall control. Said plan may be updated and amended subject to council approval. (Ord. 1655 § 1, 2006).

13.26.070 Utility administered by director.

The utility shall be administered by the director. (Ord. 1655 § 1, 2006).

13.26.080 System of charges.

There is imposed a system of rates and charges on each parcel of real property within the city served by or to which is available for service the utility established by this chapter. The charges are found to be reasonable and necessary to fund the current administration, planning, design, construction, operation, maintenance and repair of existing storm and surface water facilities; provided, however, that the city reserves the right to fix, alter, regulate and control the rates and charges. (Ord. 1655 § 1, 2006).

13.26.090 Charges.

The following utility charges are established for all parcels of real property within the city:

A. Developed Parcels. The storm drainage utility monthly service charge shall be computed by dividing the total amount of measured impervious surface, in square feet, divided by 2,800 and then multiplying the quotient by the monthly unit rate of $12.75.

B. Minimum Charge. The minimum monthly charge for any developed parcel shall be $12.75.

C. Undeveloped Parcels. Undeveloped parcels shall be charged $4.20 per month.

D. State Highway Rights-of-Way. State of Washington highway rights-of-way shall be charged consistent with this chapter and Chapter 90.03 RCW including RCW 90.03.525.

E. Service Charge Credit.

1. Credit shall apply to all categories of land use with the exception of vacant/undeveloped, forest and timber land and city streets, roads, and public highways.

2. Low income senior citizens and low income disabled persons receiving relief under RCW 84.36.381 shall receive the following partial exemption from storm water utility charges and surcharge, as applicable:

a. All parcels for which a person qualifies for an exemption under RCW 84.36.381(5)(a) shall be exempt from 40 percent of storm water utility charges.

b. All parcels for which a person qualifies for an exemption under RCW 84.36.381(5)(b)(i) shall be exempt from 60 percent of storm water utility charges.

c. All parcels for which a person qualifies for an exemption under RCW 84.36.381(5)(b)(ii) shall be exempt from 80 percent of storm water utility charges.

F. Detention System Credits. The detention system credits defined below shall be applicable only to detention systems approved prior to February 1, 2006. No detention system credits shall be allowed for any retention or detention systems approved after January 31, 2006.

Credits shall be given to applicants upon approval by the public works director subject to rates pursuant to this chapter as follows:

1. Seventy-Five Percent Credit. Property served by a privately maintained detention system with a 100-year storage/two-year predevelopment release rate shall be given a credit in the amount of 75 percent of the full utility rate. This credit shall also apply to any eligible city-owned and maintained system.

2. Twenty-Five Percent Credit. Property owned by other than the city served by a city-maintained detention system with a 100-year storage/two-year predeveloped release rate shall be given a credit in the amount of 25 percent of the full utility rate.

3. Existing detention system credits shall only be applicable to $8.50 per ESU of the storm drain utility monthly charge. Such credits shall not apply to any monthly charge in excess of $8.50 per ESU.

4. If the city determines at any time that the detention system does not meet the requirements of subsection (F)(1) or (2) of this section, or is not operating at the level of storage/release for which credit is being applied for or for which credit has been granted, the director shall have the authority to reduce the credit to the next applicable level, if any, or to eliminate the credit entirely if the system is determined to not comply with the requirements of subsection (F)(1) or (2) of this section.

5. Appeals. A request for reconsideration of the director’s decision to reduce or eliminate any existing credit may be made by providing design calculations and maintenance records that confirm the detention system does meet the design and maintenance requirements for which credit is being applied or for which credit has been granted. The decision of the director shall be final and conclusive, unless within 10 days of the date of the director’s action, the applicant gives written notice of appeal to the hearing examiner for review of the action.

G. Rates shall become effective for the February 2006 billing cycle. (Ord. 1655 § 1, 2006).

13.26.100 Billing and collection.

Utility rates and charges for each parcel of real property within the city shall be computed on a monthly basis. The city shall bill the owner of the served property for the payment of utility rates and charges specified in this chapter; however, the owner may have the bills mailed to a tenant, or agent, but this shall not relieve the owner from liability for utility rates and charges. (Ord. 1655 § 1, 2006).

13.26.110 Penalties for nonpayment of bills.

A. Collection of and penalties for nonpayment of bills shall be pursuant to the following sections of the Revised Code of Washington which are adopted by reference as though set forth herein in full: RCW 35.67.190, 35.67.200, 35.67.210, 35.67.220, 35.67.230, 35.67.240, 35.67.250, 35.67.260, 35.67.270, and 35.67.280.

B. Pursuant to RCW 35.67.200, accounts are past due after the fifteenth day of the month following billing, or after the first business day following the fifteenth if that date is on a weekend or holiday, and shall bear interest at 12 percent per annum, computed on a monthly basis.

C. The city shall have the right and privilege of discontinuing water service to any premises for nonpayment of the service charge for use of the storm and surface water utility of the city in the same manner and subject to the same terms as now or hereafter prescribed by law for discontinuance of water service for nonpayment of water bills pursuant to RCW 35.67.290, which section is adopted by reference as though set forth herein in full. (Ord. 1655 § 1, 2006).

13.26.120 Storm and surface water utility account – Annual report.

A. Of the money collected through utility rates and charges, $2.50 per ESU shall be deposited in the storm drainage utility capital improvement fund, and all other money collected through the utility rates and charges shall be deposited in the storm water utility fund as established and maintained by the director of finance.

B. The director shall conduct an annual review of the utility’s operations, the total costs of operation and maintenance of the storm water retention, detention, collection and conveyance systems, and the schedule of rates and charges. The director shall submit an annual report to the mayor and city council by April 1st for the preceding calendar year, summarizing the review and containing any recommendations for rate adjustments to:

1. Maintain the proper proportionate distribution of operation and maintenance costs among users and user classes;

2. Ensure generation of sufficient revenue to pay the total operation and maintenance costs for the proper operation, maintenance and improvement of the utility; and

3. Address those portions of previous rate increases attributable to major projects at the conclusion of payments for bonds or debt service related to those projects and determine if conditions exist for a reduction of rates because of the retirement of debt service in light of the total operational requirements of the utility. (Ord. 1687 § 1, 2007; Ord. 1655 § 1, 2006).

13.26.130 Reserved.

(Ord. 1655 § 1, 2006).

13.26.140 Appeal of charges, rate adjustments, and credit determinations.

A. Any person making a timely payment of the city’s total utility bill who considers the utility charges applied to a parcel to be inaccurate, or who otherwise disagrees with a utility rate determination, including any determination regarding credit pursuant to MMC 13.26.090(E), may apply to the director for a rate adjustment, stating in writing the grounds of the appeal. The director will review the case file and determine whether an adjustment is necessary to provide for reasonable and equitable application of the utility rates and charges.

B. Appeals of decisions made by the director may be brought before the hearing examiner pursuant to MMC 2.54.090 and appeals from the hearing examiner’s decision may be brought pursuant to MMC 2.54.090(B).

C. Nothing in this chapter shall be construed to grant a right to judicial review which does not otherwise exist in law. (Ord. 1655 § 1, 2006).

13.26.150 Definitions.

For the purposes of this chapter, the following definitions shall apply:

1. “Approval” means the proposed work or completed work conforms to this chapter in the opinion of the director.

2. “Basin plan” means a plan adopting and implementing all regulations and procedures including, but not limited to, land use management practices adopted by ordinance for managing surface and storm water management facilities and features within individual sub-basins or drainage areas, including any basin or area identified in the city storm water management plan. A plan should include but not be limited to recommendations for:

a. Storm water requirements for new development and redevelopment;

b. Capital improvement projects;

c. Source control activities including public education and involvement, and business programs;

d. Other targeted storm water programs and activities, such as maintenance, inspections, and enforcement;

e. Monitoring;

f. An implementation schedule and funding strategy.

3. “Best management practice” or “BMP” means the schedule of activities, prohibitions of practices, physical, structural, managerial practices that, when used singly or in combination, prevent or reduce pollution of water. BMPs are listed and described in the Storm Water Management Manual.

4. “Clearing” means the destruction and removal of vegetation by manual, mechanical, or chemical methods.

5. “Commercial agriculture” means those activities conducted on lands defined in RCW 84.34.020(2) and activities involved in the production of crops or livestock wholesale trade. An activity ceases to be considered commercial agriculture when the area on which it is conducted is proposed for conversion to a nonagricultural use or has lain idle for more than five years unless the idle land is registered in a federal or state soils conservation program or unless the activity is maintenance of irrigation ditches, laterals, canals, or drainage ditches related to an existing and ongoing agricultural activity.

6. “Construction storm water pollution prevention plan” or “construction SWPPP” means a plan that includes a narrative, drawings, and details for describing construction practices, stabilization techniques, and structural BMPs that are to be implemented to prevent erosion and sedimentation, and control other pollutants at a construction site.

7. “Conveyance system” means the drainage facilities, both natural and manmade, which collect, contain, and provide for the flow of surface and storm water from the highest points on the land down to a receiving water. The natural elements of the conveyance system include swales and small drainage courses, streams, rivers, lakes, and wetlands. The humanmade elements of the conveyance system include gutters, ditches, pipes, channels, and most retention/detention facilities.

8. “Contractor erosion and spill control lead (CESCL)” means the employee designated as the responsible representative in charge of erosion and spill control. The CESCL shall have a current certificate in construction site erosion and sediment control from Associated General Contractors – Education Foundation or approved equivalent.

9. “Critical areas” means those areas defined and regulated pursuant to Chapter 18.16 MMC.

10. “Design storm” means a prescribed hyetograph and total precipitation amount (for a specific duration recurrence frequency) used to estimate runoff for a hypothetical storm of interest or concern for the purposes of analyzing existing drainage, designing new drainage facilities, or assessing other impacts of a proposed project on the flow of surface water. (A hyetograph is a graph of percentages of total precipitation for a series of time steps representing the total time during which the precipitation occurs.)

11. “Detention” means the release of storm water runoff from the site at a slower rate than it is collected by the storm water facility system, the difference being held in temporary storage.

12. “Detention facility” means an above or below ground facility, such as a pond or tank, that temporarily stores storm water runoff and subsequently releases it at a slower rate than it is collected by the drainage facility system. There is little or no infiltration of stored storm water.

13. “Director” means the public works director or his/her designee.

14. “Drainage basin” means a geographic and hydrologic subunit of a watershed.

15. “Drainage system” means the system of collecting, conveying, and storing surface and storm water runoff. Drainage facilities shall include but not be limited to all surface and storm water runoff conveyance and containment facilities including: streams, pipelines, channels, ditches, swamps, lakes, wetlands, closed depressions, infiltration facilities, retention/detention facilities, erosion/sedimentation control facilities, and other drainage structures and appurtenances, both natural and manmade.

16. “Earth material” means any rock, natural soil, or fill and/or any combination thereof.

17. “Ecology” means the Washington State Department of Ecology.

18. “Effective impervious area” means those impervious surfaces that are connected via sheet flow or discrete conveyance to a drainage system.

19. “Equivalent service unit (ESU)” means a configuration of development, or impervious surfaces on a parcel, estimated to contribute an amount of runoff to the city’s storm and surface water system which is approximately equal to that created by the average single-family residential parcel. One ESU is equal to 2,800 square feet of impervious surface area or any portion thereof.

20. “Erosion” means the wearing away of the land surface by running water, wind, ice, or other geological agents, including other processes such as gravitational creep, detachment and movement of soil or rock fragments by water, wind, ice, or gravity.

21. “Excavation” means the mechanical removal of earth material.

22. “Experimental BMP” means a BMP that has not been tested and evaluated by the Department of Ecology in collaboration with local governments and technical experts.

23. “Fill” means a deposit of manmade or natural material placed by artificial means.

24. “Forest practice” means any activity conducted on or directly pertaining to forest land and relating to growing, harvesting, or processing timber, including but not limited to:

a. Road and trail construction;

b. Harvesting, final and intermediate;

c. Precommercial thinning;

d. Reforestation;

e. Fertilization;

f. Prevention and suppression of diseases and insects;

g. Salvage of trees; and

h. Brush control.

25. “Grade” means the slope of a road, channel, or natural ground; the finished surface of a canal bed, roadbed, top of embankment, or bottom of excavation; any surface prepared for the support of construction such as paving or the laying of a conduit.

a. “Existing grade” means the grade prior to grading.

b. “Rough grade” means the stage at which the grade approximately conforms to the approved plan.

c. “Finish grade” means the final grade of the site, which conforms to the approved plan.

26. “Grading” or “grading activity” means any excavating, filling, or grading or combination thereof.

27. “Ground water” means water in a saturated zone or stratum beneath the surface of land or a surface water body.

28. “Hydroperiod” means the seasonal occurrence of flooding and/or soil saturation; it encompasses depth, frequency, duration, and seasonal pattern of inundation.

29. “Illicit discharge” means all nonstorm water discharges to storm water drainage systems that cause or contribute to a violation of state water quality, sediment quality, or groundwater quality standards, including, but not limited to, sanitary sewer connections, industrial process water, interior floor drains, car washing, and greywater systems.

30. “Impervious surface” means a hard surface area which either prevents or retards the entry of water into the soil mantle as under natural conditions prior to development, and/or a hard surface area which causes water to run off the surface in greater quantities or at an increased rate of flow from the flow present under natural conditions prior to development. Common impervious surfaces include, but are not limited to, roof tops, walkways, patios, driveways, parking lots or storage areas, concrete or asphalt pavement, gravel roads, packed earthen materials, and oiled, macadam, or other surfaces which similarly impede the natural infiltration of storm water. Open, uncovered retention and detention facilities shall not be considered impervious surfaces, for purposes of determining whether the thresholds for application of minimum requirements are exceeded. Open, uncovered retention/detention facilities shall be considered impervious surfaces for purposes of runoff modeling.

31. “Interflow” means that portion of rainfall that infiltrates into the soil and moves laterally through the upper soil horizons until intercepted by a stream channel or until it returns to the surface in a wetland, spring, or seep.

32. “Land clearing” or “clearing” means the destruction or removal of vegetation from a site by physical, mechanical, chemical or other means. This does not mean mowing, landscape maintenance or pruning consistent with accepted horticultural and arboricultural practices, which does not impair the health or survival of the trees and associated vegetation.

33. “Land disturbing activity” means any activity that results in a movement of earth or a change in the existing soil cover (both vegetative and nonvegetative) and/or the existing soil topography. Land disturbing activities include, but are not limited to, demolition, construction, clearing, grading, filling, and excavation. Compaction that is associated with stabilization of structures and road construction shall also be considered a land disturbing activity.

34. “Manual” or “Storm Water Management Manual” means the latest edition of the “Storm Water Management Manual for Western Washington” (April 2005) prepared by Ecology, which manual is adopted by reference as though set forth herein in full with modifications provided herein.

35. “Mitigation” means, in the following order of preference:

a. Avoiding the impact altogether by not taking a certain action or part of an action;

b. Minimizing impacts by limiting the degree or magnitude of the action and its implementation by using appropriate technology or by taking affirmative steps to avoid or reduce impacts;

c. Rectifying the impacts by repairing, rehabilitating, or restoring the affected environment;

d. Reducing or eliminating the impact over time by preservation and maintenance operations during the life of the action; and

e. Compensation for the impact by replacing, enhancing, or providing substitute resources or environment.

36. “Native vegetation” means vegetation comprised of plant species, other than noxious weeds, that are indigenous to the coastal region of the Pacific Northwest and which reasonably could have been expected to naturally occur on the site. Examples include trees such as Douglas fir, western hemlock, western red cedar, alder, big-leaf maple, and vine maple; shrubs such as willow, elderberry, salmonberry, and salal; and herbaceous plants such as sword fern, foam flower, and fireweed.

37. “Natural location” means the location of those channels, swales, and other nonmanmade conveyance systems as defined by the first documented topographic contours existing for the subject property, either from maps or photographs, or such other means as appropriate.

38. “New development” means the following activities: land disturbing activities; structural development, including construction, installation of a building or other structure; creation of impervious surfaces; Class IV general forest practices that are conversions from timber land to other uses; and subdivision and short subdivision of land as defined in Chapter 58.17 RCW and MMC Title 16. All other forest practices and commercial agriculture are not considered new development.

39. “On-site storm water management BMPs” means site development techniques that serve to infiltrate, disperse, and retain storm water runoff on-site.

40. “Permanent erosion and sediment control” means the continuous on-site and off-site control measures that are needed to prevent accelerated erosion, sedimentation or related pollution from occurring after completion of the grading activity or the construction project.

41. “Permanent storm water control (PSC) plan” means a plan which includes permanent BMPs for the control of pollution from storm water runoff after construction and/or land disturbing activity has been completed.

42. “Person” means any individual, partnership, corporation, association, organization, cooperative, public or municipal corporation, agency of the state, or local government unit, however designated.

43. “Pollutant” shall mean any substance which, when added to water, would contaminate or alter the chemical, physical, or biological properties of any waters of the city’s drainage system or of the state. This includes a change in temperature, taste, color, turbidity, or odor of the waters, or such discharge of any liquid, gaseous, solid, radioactive, or other substance into any waters of the city’s drainage system or of the state and will or is likely to create a nuisance. It also includes any substance which renders such waters harmful, detrimental, or injurious to the public health, safety, or welfare, or to domestic, commercial, industrial, agricultural, recreational, or other legitimate beneficial use, or to livestock, wild animals, birds, fish, or other aquatic life.

44. “Pollution” means contamination or other alteration of the physical, chemical, or biological properties of waters of the city’s drainage system or of the state, including change in temperature, taste, color, turbidity, or odor of the waters, or such discharge of any liquid, gaseous, solid, radioactive, or other substance into any waters of the city’s drainage system or of the state as will or is likely to create a nuisance or render such waters harmful, detrimental, or injurious to the public health, safety, or welfare, or to domestic, commercial, industrial, agricultural, recreational, or other legitimate beneficial uses, or to livestock, wild animals, birds, fish, or other aquatic life.

45. “Pollution-generating impervious surface (PGIS)” means those impervious surfaces considered to be a significant source of pollutants in storm water runoff. Such surfaces include those which are subject to: vehicular use; industrial activities; or storage of erodible or leachable materials, wastes, or chemicals, and which receive direct rainfall or the run-on or blow-in of rainfall. Erodible or leachable materials, wastes, or chemicals are those substances which, when exposed to rainfall, measurably alter the physical or chemical characteristics of the rainfall runoff. Examples include erodible soils that are stockpiled, uncovered process wastes, manure, fertilizers, oily substances, ashes, kiln dust, and garbage dumpster leakage. Metal roofs are also considered to be PGIS unless they are coated with an inert, nonleachable material (e.g., baked-on enamel coating).

A surface, whether paved or not, shall be considered subject to vehicular use if it is regularly used by motor vehicles. The following are considered regularly used surfaces: roads, unvegetated road shoulders, bike lanes within the traveled lane of a roadway, driveways, parking lots, unfenced fire lanes, vehicular equipment storage yards, and airport runways.

The following are not considered regularly used surfaces: paved bicycle pathways separated from and not subject to drainage from roads for motor vehicles, fenced fire lanes, and infrequently used maintenance access roads.

46. “Pollution-generating pervious surface (PGPS)” means any nonimpervious surface subject to use of pesticides, fertilizers, or loss of soil.

47. “Project site” means that portion of a property, properties, or right-of-way subject to land disturbing activities, new impervious surfaces, or replaced impervious surfaces.

48. “Redevelopment” on an already substantially developed site (i.e., has 35 percent or more of existing impervious surface coverage) means the creation or addition of impervious surfaces, the expansion of a building footprint or addition or replacement of a structure; structural development including construction, installation, or expansion of a building or other structure, and/or replacement of impervious surface that is not part of a routine maintenance activity, and land disturbing activities.

49. “Regional detention facility” means a storm water quantity control structure designed to correct existing surface water runoff problems for all or a portion of a basin or subbasin. This term is also used when a detention facility is used to detain storm water runoff from a number of different businesses, developments or areas within a catchment.

50. “Replaced impervious surface” means the removal and replacement of any exterior impervious surfaces or foundation of a structure. Other impervious surfaces are considered replaced if first removed down to bare soil or base course.

51. “Retention/detention facility (R/D)” means a type of drainage facility designed either to hold water for a considerable length of time and then release it by evaporation, plant transpiration, and/or infiltration into the ground or to hold surface and storm water runoff for a short period of time and then release it to the surface and storm water management system.

52. “Sediment” means solid particulate matter, both mineral and organic, that has been or is being transported by water, air, gravity, or ice from its original site of origin.

53. “Sedimentation” means the process by which sediment has been transported off the site of the grading activity and settled onto land or the bed of a creek, stream, river, wetland, pond, or other water body.

54. “Site” means the area within the legal boundaries of a parcel or parcels of land subject to new development or redevelopment. For road projects, the length of the project site and the right-of-way boundaries define the site.

55. “Slope” means the degree of deviation of a surface from the horizontal, measured as a numerical ratio, percent, or in degrees. Expressed as a ratio, the first number is the horizontal distance (run) and the second number is the vertical distance (rise), as 2:1. A 2:1 slope is a 50 percent slope. Expressed in degrees, the slope is the angle from the horizontal plane, with a 90-degree slope being vertical (maximum) and a 45-degree slope being a 1:1 or 100 percent slope.

56. “Soil” means the unconsolidated mineral and organic material on the immediate surface of the earth that serves as a natural medium for the growth of land plants.

57. “Source control BMP” means a structure or operation that is intended to prevent pollutants from coming into contact with storm water through physical separation of areas or careful management of activities that

are sources of pollutants. A few examples of source control BMPs are erosion control practices, maintenance of storm water facilities, constructing roofs over storage and working areas, and directing wash water and similar discharges to the sanitary sewer or a dead end sump.

58. “Storm water” means that portion of precipitation that does not naturally percolate into the ground or evaporate, but flows via overland flow, interflow, channels, pipes or other features of a storm water system into a defined surface water channel or a constructed infiltration facility.

59. “Storm water facility” means a constructed component of a storm water drainage system, designed or constructed to perform a particular function or multiple functions. Storm water facilities include, but are not limited to, pipes, swales, ditches, culverts, street gutters, detention basins, retention basins, constructed wetlands, infiltration devices, catch basins, oil/water separators, sediment basins, and modular pavement.

60. “Storm water site plan” means the comprehensive report containing all of the technical information and analysis necessary to evaluate a proposed new development or redevelopment project for compliance with storm water requirements. Contents of the storm water site plan will vary with the type and size of the project, and individual site characteristics. It includes a construction storm water pollution prevention plan (construction SWPPP) and a permanent storm water control plan (PSC plan).

61. “Surface water” means the naturally occurring water that flows over or is stored on the earth’s surface.

62. “Temporary erosion control” means the on-site and off-site control measures that are needed during construction activities to prevent accelerated erosion, sedimentation or related pollution from occurring, but may not be needed when the project is completed or when ground conditions have been stabilized by permanent erosion control measures.

63. “Threshold discharge area” means an on-site area draining to a single natural discharge location or multiple natural discharge locations that combine within one-quarter mile downstream (as determined by the shortest flowpath).

64. “Treatment BMP” means a BMP that is intended to remove pollutants from storm water. A few examples of treatment BMPs are wetponds, oil/water separators, biofiltration swales, and constructed wetlands.

65. “Vegetation” means all organic plant life growing on the surface of the earth.

66. “Water body” means surface waters including rivers, streams, lakes, marine waters, estuaries and wetlands.

67. “Water quality design flow rate” means:

a. Preceding detention facilities or when detention facilities are not required: that rate at or below which 91 percent of the runoff volume, as estimated by an approved continuous runoff model, will be treated.

b. Downstream of detention facilities: the full two-year release rate from the detention facility.

68. “Water quality design storm” means the 24-hour rainfall amount with a six-month return frequency. It is commonly referred to as the six-month, 24-hour design storm.

69. “Water quality design storm volume” means the volume of runoff predicted from a 24-hour storm with a six-month return frequency.

70. “Watershed” means a geographic region within which water drains into a particular river, stream, or body of water as identified and numbered by the State of Washington Water Resource Inventory Areas (WRIAs) as defined in Chapter 173-500 WAC.

71. “Wetlands,” for the purposes of inventory, incentives, and nonregulatory programs, means those lands defined and regulated pursuant to Chapter 18.16 MMC and/or any federally regulated wetlands.

72. “Wetpool” means a pond or constructed wetland that stores runoff temporarily and whose normal discharge location is elevated so as to maintain a permanent pool of water between storm events. (Ord. 1655 § 1, 2006).

13.26.160 General provisions for permitting.

A. Storm Water Drainage Permits. Any person proposing development or redevelopment of a parcel that falls within the parameters of this chapter shall be required to submit an application for a storm water drainage permit to the city. The application shall include:

1. The name and address of the applicant;

2. The name and address of the property owner;

3. The exact location of the proposed work by street address and/or parcel number;

4. Storm water site plan;

5. Civil drawings and other information required by the manual; and

6. Other information as requested.

The application will be reviewed as determined by the city director.

B. Regulated Activities. Prior to fulfilling the requirements of this chapter, the city shall not grant any approval or permission to conduct a regulated activity. Regulated activities include, but are not limited to, the following permits and approvals: building permit, binding site plan, conditional use permit, grading and clearing permit, street work permit, shoreline substantial development permit, variance, rezone, subdivision, or any subsequently adopted permit or required approval not expressly exempted by this chapter.

C. Permit Issuance. Regulated activities that require a storm water site plan under this chapter shall only be conducted after the city approves the plan. Upon approval of the storm water site plan, the city shall issue a storm drainage permit.

D. Storm Drainage Plan Check Fees. A fee for storm drainage plan check shall be charged to all storm drainage plan submittals. The purpose of the fee is to recover all costs associated with the plan review. The amount of the fee shall be the actual costs incurred by the city in reviewing the plans, consulting fees charged for meetings conducted in reference to the storm drainage plan, plus a 15 percent administrative fee.

The city shall not issue any permits for a parcel until the storm drainage plan check fee has been paid in full.

In accordance with the most current fee schedule, a partial payment of the drainage plan check fee shall be collected at the time the storm drainage plan is submitted to the city. (Ord. 1655 § 1, 2006).

13.26.170 Regulated activities and allowed activities.

A. New Development. The minimum requirements discussed in this section are described in MMC 13.26.200. All new development shall be required to comply with minimum requirement Nos. 1, 2, and 4 (MMC 13.26.200(A), (B) and (D)). In addition, new development that exceeds certain thresholds shall be required to comply with additional minimum requirements described in MMC 13.26.200 as follows:

1. The following new development shall comply with minimum requirement Nos. 1 through 5 (MMC 13.26.200(A) through (E)):

a. Development that includes the creation or addition of 2,000 square feet or greater of new, replaced, or new plus replaced impervious surface area; or

b. Development that includes land disturbing activity of 7,000 square feet or greater.

2. The following new development shall comply with minimum requirements Nos. 1 through 10 (MMC 13.26.200(A) through (J)).

a. Creates or adds 5,000 square feet or greater of new impervious surface area; or

b. Converts three-quarter acres or more of native vegetation to lawn or landscaped areas; or

c. Converts two and one-half acres or more of native vegetation to pasture.

3. Clear, Grade and Fill Activities. The public works director shall have the authority to render interpretations of this code and to adopt policies and procedures in order to clarify the application of its provisions. Such interpretations, policies and procedures shall be in compliance with the intent and purpose of this code. The public works director has all authority under the code to enforce federal, state, and city requirements in connection with clearing, grading and filling, including but not limited to permit issuance and inspections.

a. All clear, grade and fill activities must be approved by the public works director or designee and are subject to the provisions of the current fee schedule approved by the city council.

B. Redevelopment. All redevelopment shall be required to comply with minimum requirement No. 2 (MMC 13.26.200(B)). In addition, redevelopment that exceeds certain thresholds shall be required to comply with additional minimum requirements described in MMC 13.26.200, as follows:

1. The following redevelopment shall comply with minimum requirement Nos. 1 through 5 (MMC 13.26.200(A) through (E)) for the new and replaced impervious surfaces and the land disturbed:

a. The new, replaced, or total of new plus replaced impervious surfaces is 2,000 square feet or more; or

b. Redevelopment that includes land disturbing activity of 7,000 square feet or more.

2. The following redevelopment shall comply with minimum requirement Nos. 1 through 10 (MMC 13.26.200(A) through (J)) for the new impervious surfaces and converted pervious surfaces:

a. Redevelopment that adds 5,000 square feet or more of new or new plus replaced impervious surfaces; or

b. Redevelopment that converts three-quarter acres or more of native vegetation to lawn or landscaped areas; or

c. Redevelopment that converts two and one-half acres or more of native vegetation to pasture.

3. Commingled Storm Water. If the runoff from the new impervious surfaces and converted pervious surfaces is not separated from runoff from other surfaces on the project site, the storm water treatment facilities must be sized for the entire flow that is directed to them.

4. Equivalent Area. The director may allow the minimum requirements to be met for an equivalent (flow and pollution characteristics) area within the same site. For public road projects, the equivalent area does not have to be within the project limits, but must drain to the same receiving water.

5. Road-Related Projects. Runoff from the replaced and new impervious surfaces (including pavement, shoulders, curbs, and sidewalks) shall meet all the minimum requirements if the new impervious surfaces total 5,000 square feet or more and total 50 percent or more of the existing impervious surfaces within the project limits. The project limits shall be defined by the length of the project and the width of the right-of-way.

6. Regional Facilities. The director may exempt or institute a stop-loss provision for redevelopment projects from compliance with minimum requirements for treatment, flow control, and wetlands protection as applied to the replaced impervious surfaces if the city has adopted a plan and schedule that fulfills those requirements in regional facilities.

C. Exemptions and Exceptions.

1. Forest practices regulated under WAC Title 222, except for Class IV general forest practices that are conversions from timber land to other uses, are exempt from the provisions of this chapter.

2. Commercial agricultural practices involving working the land for production are generally exempt. However, the conversion from timberland to agriculture, and the construction of impervious surfaces are not exempt; and

3. Development undertaken by the Washington State Department of Transportation in state highway rights-of-way is regulated by Chapter 173-270 WAC, the Puget Sound Highway Runoff System.

4. The following road maintenance practices are exempt: pothole and square cut patching, overlaying existing asphalt or concrete pavement with asphalt or concrete without expanding the area of coverage, shoulder grading, reshaping/regrading drainage systems, crack sealing, resurfacing with in-kind material without expanding the road prism, and vegetation maintenance. See the manual for road activities not exempt.

All other new development and redevelopment is subject to the minimum requirements of this chapter. (Ord. 1702 § 2, 2007; Ord. 1655 § 1, 2006).

13.26.180 General requirements.

A. Storm Water Management Manual Adopted. The latest edition of the Department of Ecology’s “Storm Water Management Manual for Western Washington” (April 2005), including any amendments, is hereby adopted by reference and is referred to as the “manual” in this chapter.

B. Storm Water Best Management Practices (BMPs).

1. General. BMPs shall be used to control pollution from storm water. BMPs shall be used to comply with the standards in this chapter. Best management practices are found in the manual.

2. Experimental BMPs. In those instances where appropriate BMPs are not in the manual, experimental BMPs will be considered. Experimental BMPs are encouraged as a means of solving problems in a manner not addressed by the manual in an effort to improve storm water quality technology. Experimental BMPs must be approved in accordance with the approval process outlined in the manual.

C. Illicit Discharges. Illicit discharges to storm water drainage systems are prohibited.

D. Quality of Fill Material. All fill material shall be of a quality which will permit the construction of buildings upon the fill. No fill that contains a substantial amount of decomposable materials shall be used. No hydraulic fill shall be permitted unless approved by the city engineer. Any fill that is not clean fill will require a permit from the Tacoma-Pierce County or King County health department.

E. Culvert Requirement. When a driveway is to be constructed across an existing drainage ditch, a suitable culvert or other drainage structure as determined by the director shall be provided at the expense of the abutting property owner. (Ord. 1655 § 1, 2006).

13.26.190 Approval standards.

All storm water site plans prepared for any of the permits and/or approvals listed in MMC 13.26.160 shall be submitted to the director for review and approval. (Ord. 1655 § 1, 2006).

13.26.200 Minimum requirements.

This section identifies the 11 minimum requirements for storm water management applicable to new development and redevelopment sites. See the manual for additional details related to each of the minimum requirements.

A. Minimum Requirement No. 1 – Preparation of Storm Water Site Plans. All projects meeting the thresholds in MMC 13.26.170 shall prepare a storm water site plan.

B. Minimum Requirement No. 2 – Construction Storm Water Pollution Prevention (SWPP). All new development and redevelopment shall comply with construction SWPP elements No. 1 through No. 12 (subsection (B)(1) through (12) of this section).

Projects in which the new, replaced, or new plus replaced impervious surfaces total 2,000 square feet or more or disturb 7,000 square feet or more of land must prepare a construction SWPP plan (SWPPP) as part of the storm water site plan. Each of the 12 elements must be considered and included in the construction SWPPP unless the director decides that site conditions render the element unnecessary and the exemption from that element is clearly justified in the narrative of the SWPPP.

Projects that add or replace less than 2,000 square feet of impervious surface or disturb less than 7,000 square feet of land are not required to prepare a construction SWPPP, but must consider all of the 12 elements of construction storm water pollution prevention and develop controls for all elements that pertain to the project site.

1. Element 1 – Mark Clearing Limits.

a. Prior to beginning land disturbing activities, including clearing and grading, all clearing limits, sensitive areas and their buffers, and trees that are to be preserved within the construction area should be clearly marked, both in the field and on the plans, to prevent damage and off-site impacts.

b. Plastic, metal, or stake wire fence may be used to mark the clearing limits.

2. Element 2 – Establish Construction Access.

a. Access Limited. Construction vehicle access and exit shall be limited to one route if possible.

b. Tracking Sediment. Access points shall be stabilized with quarry spall or crushed rock to minimize the tracking of sediment onto public roads.

c. Wheel Wash. Wheel wash or tire baths should be located on-site, if applicable.

d. Clean Public Roads. Public roads shall be cleaned thoroughly at the end of each day. Sediment shall be removed from

roads by shoveling or pickup sweeping and shall be transported to a controlled sediment disposal area. Street washing will be allowed only after sediment is removed in this manner.

e. Street Wash Water. Street wash wastewater shall be controlled by pumping back on-site, or otherwise be prevented from discharging into systems tributary to state surface waters.

3. Element 3 – Control Flow Rates.

a. General. Properties and waterways downstream from development sites shall be protected from erosion due to increases in the volume, velocity, and peak flow rate of storm water runoff from the project site.

b. Downstream Analysis. Downstream analysis is necessary if changes in flows could impair or alter conveyance systems, stream banks, bed sediment or aquatic habitat.

c. BMPs Functional. Storm water retention/detention facilities shall be constructed as one of the first steps in grading. Detention facilities shall be functional prior to construction of site improvements (e.g., impervious surfaces).

d. Additional Flow Standards. The director may require pond designs that provide additional or different storm water flow control if necessary to address local conditions or to protect properties and waterways downstream from erosion due to increases in the volume, velocity, and peak flow rate of storm water runoff from the project site.

e. Permanent Infiltration Ponds. If permanent infiltration ponds are used for flow control during construction, these facilities should be protected from siltation during the construction phase.

4. Element 4 – Install Sediment Controls.

a. Natural Vegetation. The duff layer, native top soil, and natural vegetation shall be retained in an undisturbed state to the maximum extent practicable.

b. Sediment Removal BMP. Prior to leaving a construction site, or prior to discharge to an infiltration facility, storm water runoff from disturbed areas shall pass through a sediment pond or other appropriate sediment removal BMP. Runoff from fully stabilized areas may be discharged without a sediment removal BMP, but must meet the flow control performance standard of element No. 3 (subsection (B)(3) of this section). Full stabilization means concrete or asphalt paving; quarry spalls used as ditch lining; or the use of rolled erosion products, a bonded fiber matrix product, or vegetative cover in a manner that will fully prevent soil erosion. The director shall inspect and approve areas stabilized by means other than pavement or quarry spalls.

c. BMPs Functional. Sediment ponds, vegetated buffer strips, sediment barriers or filters, dikes, and other BMPs intended to trap sediment on-site shall be constructed as one of the first steps in grading. These BMPs shall be functional before other land disturbing activities take place.

d. Seeding. Earthen structures such as dams, dikes, and diversions shall be seeded and mulched according to the timing indicated in element No. 5 (subsection (B)(5) of this section).

5. Element 5 – Stabilize Soils.

a. General. All exposed and unworked soils shall be stabilized by application of effective BMPs that protect the soil from the erosive forces of raindrop impact and flowing water, and wind erosion.

b. Seasonal Work Limitations. From October 1st through April 30th, no soils shall remain exposed and unworked for more than two days. From May 1st to September 30th, no soils shall remain exposed and unworked for more than seven days.³ This condition applies to all soils on-site, whether at final grade or not.

c. Applicable Practices. Applicable practices include, but are not limited to, temporary and permanent seeding, sodding, mulching, plastic covering, soil application of polyacrylamide (PAM), early application of gravel base on areas to be paved, and dust control.

d. Soil Stabilization. Soil stabilization measures selected should be appropriate for the time of year, site conditions, estimated duration of use, and potential water quality impacts that stabilization agents may have on downstream waters or ground water.

e. Soil Stockpiles. Soil stockpiles must be stabilized and protected with sediment trapping measures.

f. Linear Facilities. Work on linear construction sites and activities, including right-of-way and easement clearing, roadway development, pipelines, and trenching for utilities, shall not exceed the capability of the individual contractor for his portion of the project to install the bedding materials, roadbeds, structures, pipelines, and/or utilities, and to restabilize the disturbed soils, meeting the timing conditions listed in subsection (B)(5)(b) of this section.

6. Element 6 – Protect Slopes.

a. Cut and Fill Slopes. Cut and fill slopes shall be designed and constructed in a manner that will minimize erosion.

b. Soil Types. Consider soil type and its potential for erosion.

c. Runoff Velocities. Reduce slope runoff velocities by reducing the continuous length of slope with terracing and diversions, reduce slope steepness, and roughen slope surface.

d. Diverted Flows. Divert upslope drainage and run-on waters from off-site with interceptors at top of slope. Off-site storm water should be handled separately from storm water generated on the site. Diversion of off-site storm water around the site may be a viable option. Diverted flows shall be redirected to the natural drainage location at or before the property boundary.

e. Collected Flows. Contain downslope collected flows in pipes, slope drains, or protected channels.

f. Ground Water. Provide drainage to remove ground water intersecting the slope surface of exposed soil areas.

g. Excavation. Excavated material shall be placed on the uphill side of trenches, consistent with safety and space considerations.

h. Check Dams. Check dams shall be placed at regular intervals within trenches that are cut down a slope.

i. Stabilize Soils. Stabilize soils on slopes, as specified in element No. 5 (subsection (B)(5) of this section).

7. Element 7 – Protect Drain Inlets.

a. General. All storm drain inlets made operable during construction shall be protected so that storm water runoff shall not enter the conveyance system without first being filtered or treated to remove sediment.

b. Roads. All approach roads shall be kept clean, and all sediment and street wash water shall not be allowed to enter storm drains without prior and adequate treatment unless treatment is provided before the storm drain discharges to waters of the state.

8. Element 8 – Stabilize Channels and Outlets.

a. General. All temporary on-site conveyance channels shall be designed, constructed and stabilized to prevent erosion from the expected velocity of flow from a two-year, 24-hour frequency storm for the developed condition.

b. Stabilization. Stabilization, in-cluding armoring material, adequate to prevent erosion of outlets, adjacent stream banks, slopes and downstream reaches shall be provided at the outlets of all conveyance systems.

9. Element 9 – Control Pollutants.

a. General. All pollutants, including waste materials and demolition debris, that occur on-site during construction shall be handled and disposed of in a manner that does not cause contamination of storm water.

b. Vandalism. Cover, containment, and protection from vandalism shall be provided for all chemicals, liquid products, petroleum products, and noninert wastes present on the site.

c. Equipment Maintenance. Maintenance and repair of heavy equipment and vehicles involving oil changes, hydraulic system drain-down, solvent and de-greasing cleaning operations, fuel tank drain-down and removal, and other activities which may result in discharge or spillage of pollutants to the ground or into storm water runoff must be conducted using spill prevention measures, such as drip pans. Contaminated surfaces shall be cleaned immediately following any discharge or spill incident. Emergency repairs may be performed on-site using temporary plastic placed beneath and, if raining, over the vehicle.

d. Wheel Wash. Wheel wash, or tire bath, wastewater shall be discharged to a separate on-site treatment system. It may be discharged to the sanitary sewer system only if expressly allowed by the local sewer district authority.

e. Agricultural Chemicals. Application of agricultural chemicals, including fertilizers and pesticides, shall be conducted in a manner and at application rates that will not result in loss of chemicals to storm water runoff. Manufacturers’ recommendations shall be followed for application rates and procedures.

f. pH Management. Management of pH-modifying sources shall prevent contamination of runoff and storm water collected on the site. These sources include, but are not limited to, bulk cement, cement kiln dust, fly ash, new concrete washing and curing waters, waste streams generated from concrete grinding and sawing, exposed aggregate processes, and concrete pumping and mixer washout waters.

10. Element 10 – Control Dewatering.

a. General. All foundation, vault, and trench dewatering water, which have similar characteristics to storm water runoff at the site, shall be discharged into a controlled conveyance system, prior to discharge to a sediment trap or sediment pond. Channels must be stabilized, as specified in element No. 8 (subsection (B)(8) of this section).

b. Clean Water. Clean, nonturbid dewatering water, such as well-point ground water, can be discharged to systems tributary to state surface waters, as specified in element No. 8 (subsection (B)(8) of this section), provided the dewatering flow does not cause erosion or flooding of the receiving waters. These clean waters should not be routed through sediment ponds with storm water.

c. Contaminated Water. Highly turbid or otherwise contaminated dewatering water, such as from construction equipment operation, clamshell digging, concrete tremie pour, or work inside a cofferdam, shall be handled separately from storm water at the site.

d. Other Disposal Options. Depending on site constraints, dewatering may include: infiltration; transport off-site in vehicle, such as a vacuum flush truck, for legal disposal in a manner that does not pollute state waters; on-site treatment using chemical treatment or other suitable treatment technologies; or sanitary sewer discharge with local sewer district approval approval if there is no other option.

11. Element 11 – Maintain BMPs.

a. General. All temporary and permanent erosion and sediment control BMPs shall be maintained and repaired as needed to assure continued performance of their intended function. All maintenance and repair shall be conducted in accordance with BMPs.

b. Inspection. Sediment control BMPs shall be inspected weekly or after a runoff-producing storm event during the dry season and daily during the wet season.

c. Remove BMPs. All temporary erosion and sediment control BMPs shall be removed within 30 days after final site stabilization is achieved or after the temporary BMPs are no longer needed. Trapped sediment shall be removed or stabilized on-site. Disturbed soil areas resulting from removal of BMPs or vegetation shall be permanently stabilized.

12. Element 12 – Manage the Project.

a. Phasing of Construction. Development projects shall be phased where feasible in order to prevent, to the maximum extent practicable, the transport of sediment from the project site during construction. Revegetation of exposed areas and maintenance of that vegetation shall be an integral part of the activities for any phase. Clearing and grading activities for developments shall be permitted only if conducted pursuant to an approved site development plan (e.g., subdivision approval) that establishes permitted areas of clearing, grading, cutting, and filling. When establishing these permitted clearing and grading areas, consideration should be given to minimizing removal of existing trees and minimizing disturbance/compaction of native soils except as needed for building purposes. These permitted clearing and grading areas and any other areas required to preserve critical or sensitive areas, buffers, native growth protection easements, or tree retention areas as may be required by the director shall be delineated on the site plans and the development site.

b. Seasonal Work Limitations. From October 1st through April 30th, clearing, grading, and other soil disturbing activities shall only be permitted if shown to the satisfaction of the director that silt-laden runoff will be prevented from leaving the construction site through a combination of the following:

i. Site conditions including existing vegetative coverage, slope, soil type and proximity to receiving waters; and

ii. Limitations on activities and the extent of disturbed areas; and

iii. Proposed erosion and sediment control measures.

c. Modify Seasonal Limits. Based on the information provided, and/or local weather conditions, the director may expand or restrict the seasonal limitation on site disturbance. If, during the course of any construction activity or soil disturbance during the seasonal limitation period, silt-laden runoff leaving the construction site causes a violation of the surface water quality standard or if clearing and grading limits or erosion and sediment control measures shown in the approved plan are not maintained, the director shall take enforcement action according to MMC 13.26.290.

d. Exemptions. The following activities are exempt from the seasonal clearing and grading limitations:

i. Routine maintenance and necessary repair of erosion and sediment control BMPs;

ii. Routine maintenance of public facilities or existing utility structures that do not expose the soil or result in the removal of the vegetative cover to soil; and

iii. Activities where there is 100 percent infiltration of surface water runoff within the site in approved and installed erosion and sediment control facilities.

e. Coordination with Other Contractors. The primary project applicant shall evaluate, with input from utilities and other contractors, the storm water management requirements for the entire project, including the utilities, when preparing the construction SWPPP.

f. Inspection. All BMPs shall be inspected, maintained, and repaired as needed to assure continued performance of their intended function.

g. Certified Professional. A certified erosion and sediment control specialist shall be identified in the construction SWPPP and shall be on-site or on-call at all times. Certification may be obtained through an approved training program that meets the erosion and sediment control training standards established by Ecology.

h. Sampling. Sampling and analysis of the storm water discharges from a construction site may be necessary on a case-by-case basis to ensure compliance with standards. Monitoring and reporting requirements may be established by the director when necessary.

i. Modify SWPPP. Whenever inspection and/or monitoring reveals that the BMPs identified in the construction SWPPP are inadequate, due to the actual discharge of or potential to discharge a significant amount of any pollutant, the SWPPP shall be modified, as appropriate, in a timely manner.

j. Construction SWPPP. The construction SWPPP shall be retained on-site or within reasonable access to the site. The construction SWPPP shall be modified whenever there is a significant change in the design, construction, operation, or maintenance of any BMP.

C. Minimum Requirement No. 3 – Source Control of Pollution. All known, available and reasonable source control BMPs shall be applied to all projects. Source control BMPs shall be selected, designed, and maintained according to the manual.

D. Minimum Requirement No. 4 – Preservation of Natural Drainage Systems and Outfalls. Natural drainage patterns shall be maintained, and discharges from the project site shall occur at the natural location, to the maximum extent practicable. All outfalls require energy dissipation.

The manner by which runoff is discharged from the project site must not cause a significant adverse impact to downstream receiving waters and downgradient properties. Downstream properties shall not be unreasonably burdened with increased flow rates, negative impacts or unreasonable changes in manner of flow from upstream properties. Drainage problems shall not be transferred from one location to another. However, downstream properties cannot block natural or existing runoff through their site and shall accept runoff from upstream properties.

Planning and design of drainage systems shall not be based on the premise that storm water can be transferred from one basin to another unless part of an adopted city regional drainage system plan.

The flow of storm runoff shall be maintained within its natural drainage course unless reasonable use is demonstrated otherwise. When storm water is discharged into an existing drainage course, the peak discharge into the water course shall not adversely affect or cause damage to property along the drainage course now or in the future based on existing zoning. Erosional impacts due to concentration of flows and increased flow durations shall be evaluated and mitigated.

E. Minimum Requirement No. 5 – On-Site Storm Water Management. Projects shall employ on-site storm water management BMPs to infiltrate, disperse, and retain storm water runoff on-site to the maximum extent feasible without causing flooding or erosion impacts. On-site storm water management BMPs as identified in the manual shall be used for roof downspout control, flow dispersion, and soil quality.

F. Minimum Requirement No. 6 – Runoff Treatment.

1. Thresholds. The following require construction of storm water treatment facilities (see Table 13.26.200.F):

a. Projects in which the total of effective, pollution-generating impervious surface (PGIS) is 5,000 square feet or more in a threshold discharge area of the project; or

b. Projects in which the total of pollution-generating pervious surfaces (PGPS) is three-quarters of an acre or more in a threshold discharge area, and from which there is a surface discharge in a natural or manmade conveyance system from the site.

c. That portion of any development project in which the above PGIS or PGPS thresholds are not exceeded in a threshold discharge area shall apply on-site storm water management BMPs in accordance with minimum requirement No. 5 (subsection (E) of this section).

Table 13.26.200.F
Treatment Requirements by Threshold Discharge Area
	< 3/4 acres of PGPS	3/4 acres PGPS	< 5,000 s.f. PGPS	5,000 s.f. PGPS
Treatment Facilities		÷		÷
On-Site Storm Water BMPs	÷	÷	÷	÷

PGPS = pollution-generating pervious surfaces

PGIS = pollution-generating impervious surfaces

s.f. = square feet

2. Treatment Facility Sizing. Treatment facilities shall be sized to provide effective treatment of 91 percent of the annual average runoff volume.

a. The water quality design volume shall be used to size volume-based treatment facilities. The volume of runoff shall be estimated using methods approved in the manual.

b. The water quality design flow rate shall be used to size flow rate-based treatment facilities.

c. The director may allow alternative methods if they identify volumes and flow rates that are at least equivalent.

3. Treatment Facility Selection, Design, and Maintenance. Storm water treatment facilities shall be:

a. Selected in accordance with the process identified in the manual;

b. Designed in accordance with the design criteria in the manual; and

c. Maintained in accordance with the maintenance schedule in the manual.

4. Untreated Storm Water. Direct discharge of untreated storm water from pollution-generating impervious surfaces to ground water is prohibited, except for the discharge achieved by infiltration or dispersion of runoff from residential sites through use of on-site storm water management BMPs.

G. Minimum Requirement No. 7 – Flow Control.

1. Applicability.

a. Flow Control. Projects must provide flow control to reduce the impacts of storm water runoff from impervious surfaces and land cover conversions. The requirement below applies to projects that discharge storm water directly, or indirectly through a conveyance system, into fresh water, except for discharges into a stream that leads to a wetland or to a wetland that has an outflow to a stream in which both this requirement and minimum requirement No. 8 (subsection (H) of this section) must be met.

b. Exempt Areas. The director may petition the Department of Ecology to exempt projects in certain areas, provided those areas also meet the following criteria:

i. The area must be drained by a conveyance system that is comprised entirely of manmade conveyance elements (e.g., pipes, ditches, outfall protection, etc.) and extends to the ordinary high water line of the receiving water; and

ii. Any erodible elements of the manmade conveyance system for the area must be adequately stabilized to prevent erosion; and

iii. Surface water from the area must not be diverted from or increased to an existing wetland, stream, or near-shore habitat sufficient to cause a significant adverse impact.

2. Thresholds. The following require construction of flow control facilities and/or land use management BMPs:

Table 13.26.200.G
Flow Control Requirements by Threshold Discharge Area
	Flow Control Facilities	On-Site Storm Water Management BMPs
< 3/4 acres conversion to lawn/landscape, or < 2.5 acres to pasture		÷
3/4 acres conversion to lawn/landscape, or 2.5 acres to pasture	÷	÷
< 5,000 square feet of effective impervious area		÷
5,000 square feet of effective impervious area	÷	÷
0.1 cubic feet per second increase in the 100-year flood frequency	÷	÷

a. Projects in which the total of effective impervious surfaces is 5,000 square feet or more in a threshold discharge area, or

b. Projects that convert three-quarters of an acre or more of native vegetation to lawn or landscape, or convert two and one-half acres or more of native vegetation to pasture in a threshold discharge area, and from which there is a surface discharge in a natural or manmade conveyance system from the site, or

c. Projects that through a combination of effective impervious surfaces and converted pervious surfaces, cause a one-tenth cubic foot per second increase in the 100-year flow frequency from a threshold discharge area as estimated using the Western Washington hydrology model or other model authorized by the director.

d. That portion of any development project in which the above thresholds are not exceeded in a threshold discharge area shall apply on-site storm water management BMPs in accordance with minimum requirement No. 5 (subsection (E) of this section).

e. The director may require flow control for individual lots due to sensitive areas, historical flooding, or other relevant reasons as deemed necessary by the director.

3. Standard Requirement.

a. Peak Flows. Storm water discharges shall match developed discharge durations to predeveloped durations for the range of predeveloped discharge rates from 50 percent of the two-year peak flow up to the full 50-year peak flow.

b. Predeveloped Condition. The predeveloped condition to be matched shall be a forested land cover unless:

i. Reasonable, historic information is provided that indicates the site was prairie prior to settlement (modeled as “pasture” in the Western Washington hydrology model); or

ii. The drainage area of the immediate stream and all subsequent downstream basins have had at least 40 percent total impervious area for the last 20 years. In this case, the predeveloped condition to be matched shall be the existing land cover condition. Whenever basin-specific studies determine a stream channel to be unstable, even though the above criterion is met, the predeveloped condition assumption shall be the “historic” land cover condition, or a land cover condition commensurate with achieving a target flow regime identified by an approved basin study.

c. This standard requirement is waived for sites that will reliably infiltrate all the runoff from impervious surfaces and converted pervious surfaces.

d. Flow Control Facility Selection, Design, and Maintenance. Flow control facilities shall be selected, designed, and maintained in accordance with the manual.

H. Minimum Requirement No. 8 – Wetlands Protection.

1. Applicability. The requirements below apply only to projects whose storm water discharges into a wetland, either directly or indirectly through a conveyance system. These requirements must be met in addition to meeting minimum requirement No. 6, Runoff Treatment (subsection (F) of this section).

2. Thresholds. The thresholds identified in minimum requirement No. 6 – Runoff Treatment (subsection (F) of this section), and minimum requirement No. 7 – Flow Control (subsection (G) of this section) shall also be applied for discharges to wetlands.

3. Standard Requirement. Discharges to wetlands shall maintain the hydrologic conditions, hydrophytic vegetation, and substrate characteristics necessary to support existing and designated uses. A wetland can be considered for hydrologic modification and/or storm water treatment in accordance with guidance within the manual.

4. Additional Requirements. The standard requirement does not excuse any discharge from the obligation to apply whatever technology is necessary to comply with state water quality standards, Chapter 173-201A WAC, or state ground water standards, Chapter 173-200 WAC or successor regulations. Storm water treatment and flow control facilities shall not be built within a natural vegetated buffer, except for: necessary conveyance systems as approved by the director; or as allowed in wetlands approved for hydrologic modification and/or treatment in accordance with the manual. An adopted and implemented basin plan (minimum requirement No. 9 (subsection (I) of this section)), or a total maximum daily load (TMDL) may be used to develop requirements for wetlands that are tailored to a specific basin.

I. Minimum Requirement No. 9 – Basin/Watershed Planning. Projects may be subject to equivalent or more stringent minimum requirements for erosion control, source control, treatment, and operation and maintenance, and alternative requirements for flow control and wetlands hydrologic control as identified in basin/watershed plans. Standards developed from basin plans shall not modify any of the above minimum requirements until the basin plan is formally adopted and implemented by the city within the basin, and approved or concurred with by the Department of Ecology.

J. Minimum Requirement No. 10 – Operation and Maintenance. An operation and maintenance manual that is consistent with the manual shall be provided for all proposed storm water facilities and BMPs, and the person responsible for maintenance and operation shall be identified. At private facilities, a copy of the manual shall be retained on-site or within reasonable access to the site, and shall be transferred with the property to the new owner. For public facilities, a copy of the manual shall be retained by the director or other appropriate location. A log of maintenance activity that indicates what actions were taken shall be kept and be available for inspection by the director.

K. Minimum Requirement No. 11 – Financial Liability. Projects that may require bonding include, but are not limited to, those occurring in environmentally sensitive areas and where problems are anticipated.

1. Financial Instrument Required. The director shall require all persons proposing activities regulated by this chapter to provide an acceptable financial instrument to protect the city. Where such person has previously provided, or are required to provide, another financial instrument on the facility itself or on other construction related to the facility, such person may, with the permission of the director, and to the extent allowable by law, combine all such financial instruments into a single instrument; provided, that at no time shall the amount guaranteed be less than the total amount which would have been required by the separate instruments; and provided further, that such an instrument shall on its face clearly delineate those separate instruments which it is intended to replace.

2. Construction. Prior to commencing construction, the person constructing the facility shall post a construction bond in an amount not less than 150 percent of the cost of drainage improvements and shall be sufficient to cover the cost of performing said construction per the approved drainage plans. Alternatively, an equivalent cash deposit to an escrow account administered by a local bank may be allowed by the director. An assignment of funds shall be administered for preconstruction activities such as for erosion control.

3. Maintenance. After satisfactory completion of the facilities and release of the construction financial instrument by the city, the person constructing the facility shall satisfactorily maintain the facility for a two-year period. A financial instrument, to be used at the discretion of the city, to correct deficiencies in maintenance must be provided and continued throughout the two-year maintenance period. The amount of the financial instrument shall be 150 percent of the cost of drainage improvements. In addition, at the discretion of the director, a financial instrument to cover the cost of design defects or failures in workmanship shall also be posted and maintained through the two-year maintenance period. Alternatively, the director may allow an equivalent cash deposit to an escrow account administered by a local bank.

4. Liability Policy. The person constructing the facility shall maintain a liability policy in an amount to be determined by the director which shall name the city as an additional insured and which shall protect the city from any liability for any accident, negligence, failure of the facility, or any other liability whatsoever, relating to the construction or maintenance of the facility. The owner of the

facility shall maintain the liability policy for the duration of the facility. (Ord. 1655 § 1, 2006).

13.26.210 Contents of a storm water site plan.

A. Site Plan Required. All projects for new development or redevelopment, which exceed the thresholds of 2,000 square feet for impervious surfaces or 7,000 square feet for land disturbance, must prepare a storm water site plan.

B. Contents of Plan. Contents of a storm water site plan will vary with the type and size of the project and individual site characteristics. Two major elements included in a storm water site plan are a construction storm water pollution prevention plan and a permanent storm water control plan. The following documents are to be included in a storm water site plan:

1. Project overview;

2. Existing conditions summary;

3. Off-site analysis report;

4. Construction storm water pollution prevention plan;

5. Permanent storm water control plan;

6. Special reports and studies;

7. Other permits;

8. Operation and maintenance manual; and

9. Bond quantities worksheet.

C. Detailed Information in Manual. Additional details on the content and the procedures for preparation of a storm water site plan, a construction storm water pollution prevention plan, and a permanent storm water quality control plan are included in the manual. (Ord. 1655 § 1, 2006).

13.26.220 Variance.

A. Application. A variance may be applied for to the director upon submission of a completed application and fee as required pursuant to MMC 3.48.010.

B. The director may grant a variance from the requirements of this chapter. In granting any variance, the director may prescribe conditions that are deemed necessary or desirable for the public interest.

C. Findings of Fact. Variance to minimum requirements Nos. 1 through No. 11 (MMC 13.26.200(A) through (K)) may be granted prior to permit approval and construction. A variance may be granted; provided, that a written finding of fact is prepared by the city engineer that addresses the following:

1. The variance provides equivalent environmental protection and is in the overriding public interest; and that the objectives of safety, function, environmental protection, and facility maintenance, based upon sound engineering, are fully met;

2. That there are special physical circumstances or conditions affecting the property such that the strict application of these provisions would deprive the applicant of all reasonable use of the parcel of land in question, and every effort to find creative ways to meet the intent of the minimum standards has been made;

3. That the granting of the variance will not be detrimental to the public health and welfare, nor injurious to other properties in the vicinity and/or downstream, and to the quality of waters of the state;

4. The variance is the least possible exception that could be granted to comply with the intent of the minimum requirements; and

5. That the variance does not violate any other local, state, county, or federal regulation or ordinance.

D. Prior Approval. Any variance shall be approved prior to permit approval and construction.

E. Duration of Variance. Variances granted by the director shall expire one year from the date of approval. The construction permitted under this variance shall be completed and approved within the one-year period of time.

F. Right of Appeal. All actions of the director shall be final and conclusive, unless within 10 days of the date of the director’s action, the original applicant or an adverse party gives written notice of appeal to the hearing examiner for review of the action. (Ord. 1655 § 1, 2006).

13.26.230 Purpose – Maintenance.

The provisions of the this section and MMC 13.26.240 are intended to accomplish the following purposes:

A. Provide for inspection and maintenance of storm water facilities in the city to provide for an effective, functional storm water drainage system.

B. Authorize the public works department to require that storm water facilities be operated, maintained, and repaired in conformance with this chapter.

C. Establish the minimum level of compliance which must be met.

D. Guide and advise all who conduct inspection and maintenance of storm water. (Ord. 1655 § 1, 2006).

13.26.240 Maintenance – General requirements.

A. Maintenance Required. All storm water facilities shall be maintained in accordance with this chapter and the approved manual. Systematic, routine preventive maintenance is preferred.

B. Minimum Standards. The following are the minimum standards for the maintenance of storm water facilities:

1. Facilities shall be inspected annually and cleared of debris, sediment, and vegetation when they affect the functioning and/or design of the facility.

2. Where lack of maintenance is causing or contributing to a water quality problem, immediate action shall be taken to correct the problem. Within one month, the director shall revisit the facility to assure that it is being maintained.

C. Maintenance of Drainage Structures. All drainage structures between the property line and the roadway shall be maintained in a safe and usable condition by the abutting property owner.

D. Disposal of Waste from Maintenance Activities. Disposal of waste from maintenance activities shall be conducted in accordance with the minimum functional standards for solid waste handling, Chapter 173-304 WAC, guidelines for disposal of waste materials from storm water maintenance activities, and, where appropriate, the dangerous waste regulations, Chapter 173-303 WAC.

E. Compliance. Property owners are responsible for the maintenance, operation, or repair of storm water drainage systems and BMPs. Property owners shall maintain, operate, and repair these facilities in compliance with the requirements of this chapter and the approved manual. (Ord. 1655 § 1, 2006).

13.26.250 Inspection program.

A. Inspection. Whenever implementing the provisions of this inspection program or whenever there is cause to believe that a violation of this chapter has been or is being committed, the inspector is authorized to inspect during regular working hours and at other reasonable times all storm water drainage systems within the city to determine compliance with the provisions of this chapter.

B. Procedures. Prior to making any inspections, the inspector shall present identification credentials, state the reason for the inspection, and request entry.

1. If the property or any building or structure on the property is unoccupied, the inspector shall first make a reasonable effort to locate the owner or other person(s) having charge or control of the property or portions of the property and request entry.

2. If, after reasonable effort, the inspector is unable to locate the owner or other person(s) having charge or control of the property, and has reason to believe the condition of the storm water drainage system creates an imminent hazard to persons or property, the inspector may enter.

3. Unless entry is consented to by the owner or person(s) in control of the property or portion of the property or unless conditions are reasonably believed to exist which create imminent hazard, the inspector shall obtain a search warrant, prior to entry, as authorized by the laws of the state of Washington.

4. The inspector may inspect the storm water drainage system without obtaining a search warrant, provided the inspection can be conducted while remaining on public property or other property on which permission to enter is obtained.

C. Annual Inspection Schedule. The director shall establish a master inspection and maintenance schedule to inspect appropriate storm water facilities that are not owned by the city. Inspections shall be annual. Critical storm water facilities may require a more frequent inspection schedule.

D. Annual Inspection Fee. The fee for the annual inspection shall be per the city’s current fee schedule.

E. Inspection and Maintenance Records. As existing storm water facilities are encountered, they shall be added to the master inspection and maintenance schedule. Records of new storm water facilities shall include the following:

1. As-built plans and locations.

2. Findings of fact from any variance granted by the city.

3. Operation and maintenance requirements and records of inspections, maintenance actions, and frequencies.

4. Engineering reports, as appropriate.

F. Reporting Requirements. The director shall report annually to the city council about the status of the inspections. The annual report may include, but need not be limited to, the proportion of the components found in and out of compliance, the need to upgrade components, enforcement actions taken, compliance with the inspection schedule, the resources needed to comply with the schedule, and comparisons with previous years. (Ord. 1655 § 1, 2006).

13.26.260 General provisions.

A. Abrogation and Greater Restrictions. It is not intended that this chapter repeal, abrogate, or impair any existing regulations, easements, covenants, or deed restrictions. However, where this chapter imposes greater restrictions, the provisions of this chapter shall prevail.

B. Interpretation. The provisions of this chapter shall be held to be minimum requirements in their interpretation and application and shall be liberally construed to serve the purposes of this chapter. (Ord. 1655 § 1, 2006).

13.26.270 Applicability.

When any provision of any other chapter of the Milton Municipal Code conflicts with this chapter, that which provides more environmental protection shall apply unless specifically provided otherwise in this chapter.

The director is authorized to adopt written procedures for the purpose of carrying out the provisions of this chapter. (Ord. 1655 § 1, 2006).

13.26.280 Administration.

A. Director. The director shall administer this chapter. The director shall have the authority to develop and implement administrative policies and procedures to administer and enforce this chapter.

B. Review and Approval. The director may approve, conditionally approve, or deny an application for activities regulated by this chapter.

C. Inspection Authority. The director is directed and authorized to develop an inspection program for storm water facilities in the city.

D. Inspection. All activities regulated by this chapter, except those exempt in MMC 13.26.170, shall be inspected by the director. The director shall inspect projects at various stages of the work requiring approval to determine that adequate control is being exercised. Stages of work requiring inspection include, but are not limited to, preconstruction, installation of BMPs, land disturbing activities, installation of utilities, landscaping, retaining walls, and completion of project. When required by the director, a special inspection and/or testing shall be performed.

E. Enforcement Authority. The director shall have the authority to initiate enforcement of this chapter. (Ord. 1655 § 1, 2006).

13.26.290 Enforcement.

This chapter shall be subject to all the provisions of Chapters 17.76 (Administration and Enforcement), 17.78 (Notices and Orders to Correct and/or Abate) and 17.79 MMC (Suspension and Revocation of Permits), as now or hereafter amended, to the same extent as any other development regulation in MMC Titles 15 through 18. (Ord. 1655 § 1, 2006).

Chapter 13.28
WATER SERVICE

Sections:

13.28.010 Applicability.

13.28.020 Definitions.

13.28.030 Water service application – Contents – Fee payment required.

13.28.040 Account keeping by number and address.

13.28.050 Water leak adjustments.

13.28.060 Residential meters city property – Replacement of privately owned meters.

13.28.070 Turnon and turnoff – Single charge required when.

13.28.080 Temporary use for construction.

13.28.090 Water main construction – Standard and substandard mains defined – Installation standards.

13.28.100 Water main construction – New or substandard replacement authorized when – Main extensions required when – Engineering and design requirements – Extension outside city prohibited when.

13.28.110 Water main construction – Owner payment responsibility.

13.28.120 Water main construction – Repayment for private installation.

13.28.130 Water main construction – Connection to substandard main authorized when.

13.28.140 Water main construction – Temporary private connection authorized when.

13.28.150 Water main construction – Payment of charges.

13.28.160 Water mains city property – Mains in alleys or private property permitted for maintenance when.

13.28.170 Service connection installation – Method – When single connection required – Emergency temporary connections.

13.28.180 Service connection installation – Charges – Inside city.

13.28.190 Water service charges.

13.28.200 Service connection installation – Charges – Outside city.

13.28.210 Repealed.

13.28.213 Repealed.

13.28.215 Water service charges – Senior citizens.

13.28.220 Fire protection line connections – Water department non-responsibility for fire loss.

13.28.230 Fire protection line charges.

13.28.240 Hydrants – Unauthorized use prohibited – Temporary connection authorized when.

13.28.250 Reuse of inactive connections authorized when.

13.28.260 Connection lines required depth below ground – From water main to curb cock.

13.28.270 Service mains and connection lines materials and diameter.

13.28.280 Connection lines required depth below ground – From curb cock to building – Required distance from sanitary sewer.

13.28.290 Stop-and-waste cock requirements.

13.28.300 Check and pressure relief valves – Building requirements – Service discontinuance authorized when.

13.28.310 Check and pressure relief valves – Lawn sprinkling systems requirement.

13.28.320 Curb cocks positions requirements.

13.28.330 Debarment authorized for violation – Right of appeal.

13.28.340 Right of entry.

13.28.350 Turnon procedure for new service connections.

13.28.360 Free turnoff on request authorized.

13.28.370 Service charges to continue until discontinuance request – Department non-responsibility for statements.

13.28.400 Unauthorized turnon prohibited – Payment for expenses required for turnon.

13.28.410 Turnoff to condemned buildings required.

13.28.420 Meter installation charges.

13.28.430 Meter change in size – Application required.

13.28.440 Meter removal and reinstallation charges.

13.28.450 Meter replacement – Excessive consumption.

13.28.460 Meter replacement – Unserviceability from ordinary use.

13.28.470 Meter replacement – Premises improvements or wilful acts.

13.28.480 Meter replacement – Hot water backflow.

13.28.490 Meter replacement – Test of defective meter – Deposit required.

13.28.500 Damaging or storing material near water equipment prohibited.

13.28.510 Wasting water prohibited.

13.28.520 Sprinkling during fires prohibited.

13.28.530 Emergency discontinuance of service authorized when.

13.28.540 Street work on water pipes – Notice required – Liability for damage.

13.28.550 Renumbered.

13.28.560 Director of public works interpretation authority.

13.28.570 Violation – Penalty.

13.28.010 Applicability.

All provisions of this chapter shall apply both within and without the corporate limits of the city, except as specifically provided in this chapter. (Ord. 561 § 1, 1969).

13.28.020 Definitions.

In the construction of this chapter, the definitions in this section shall be applied, except where the context clearly indicates otherwise:

A. The singular includes the plural and the masculine pronoun includes the feminine.

B. “City” means the city of Milton, Washington, or, as indicated by the context, the city treasurer, city clerk, director of public works, or other city official or agent representing the city in the discharge of his/her duties.

C. “Commercial unit” means any water user on a single premises with separate water facilities, other than a domestic unit as defined in subsection F of this section. The following shall be considered single commercial units:

1. One business operated by one owner or lessee, and having a single business identity;

2. A combination of a business and single-family residence in a single building and under one roof. To qualify under this definition, the building must have been originally constructed as a single building. A residence and a business in separate buildings on the same lot or tract, occupied by the owner of the business and serviced through one service connection from a city main shall be two units, regardless of whether the buildings are connected by a tunnel, hallway, or other means;

3. A hotel, motel or other accommodations used for transient accommodations and operated as a single business.

D. “Council” means the city council of the city.

E. “Director” means the director of public works of the city of Milton.

F. “Domestic unit” means residential accommodations designed for, or occupied by, one family. Multiple dwellings shall be considered to consist of the same number of domestic units as there are dwelling units. Domestic units shall not include motels, hotels or other transient accommodations, or multiple-family dwellings.

G. “Family” means a person or persons living under the same roof and using the same domestic facilities.

H. The words “person,” “customer,” “owner,” “occupant,” or “agent” shall be construed to include persons of either sex, associations, copartnerships and corporations, whether acting by themselves, or by a servant, agent or employee.

I. “Premises” means a continuous tract of land or a building, including secondary buildings and places belonging to it within its entirety, being used by a single-family or a single business. Transient use (including overnight lodging) of land, and primary or secondary buildings, shall be considered used by a single-family or single business. A motel, cabin, camp, resort or trailer court in which separate buildings are not intended for or used for permanent dwelling or business shall be considered one premises. Buildings connected by only a hallway, tunnel or breezeway shall be considered separate buildings. Multiple-family dwellings in one building shall be considered as one premises.

J. “Treasurer” means the treasurer of the city.

K. “Water service charges” include water connection fees, water main construction fees and all other charges incident to a water service. (Ord. 561 § 2, 1969).

13.28.030 Water service application – Contents – Fee payment required.

A. All applications for water service to and for the use of water within any premises shall be made at the office of the water department of the city by the owner or authorized agent on printed forms to be furnished by the water department for that purpose. The application shall show the name and address of the owner or agent, legal description of the premises, name of the street upon which the property fronts, together with the corresponding official house number assigned to the premises, if available. The applicant shall state the purpose for which the premises are to be used, the number of families to be supplied for domestic use, and the size of service connection desired.

B. At the time of filing the application, he shall pay all fees and deposits required for constructing the water service connection as provided in this chapter and in Chapter 3.48. He shall also pay all necessary water main construction charges, and he shall agree to conform to and abide by all provisions of this chapter and rules and regulations of the water department as they now exist or may hereafter be established. (Ord. 561 § 3, 1969).

13.28.040 Account keeping by number and address.

All accounts shall be kept by the water department in the name of the owner or his authorized agent by the account number and the official house number and street name for each premises supplied with water. All notices and statements sent out shall be forwarded to the premises supplied; provided, that upon written request of nonresident owners or agents, notices and statements shall be forwarded to other addresses. All errors in address or charges shall be promptly reported to the water department. (Ord. 561 § 4, 1969).

13.28.050 Water leak adjustments.

The water leak adjustment shall be established as follows:

A. A request for a water leak adjustment must be made in writing to the city of Milton, administration/finance department. The written request must include the date the leak was repaired and a copy of the repair bill or receipt for materials.

B. Each customer is allowed one leak adjustment per 12-month period.

C. The bill that includes leak consumption must be paid in accordance with the normal payment procedures. Approved adjustments shall be credited on the bill following the adjustment approval.

D. The adjustment shall be based on water use during the previous year.

E. The maximum adjustment shall be 50 percent of the consumption amount that exceeds the consumption amount during the same billing period in the previous year. For customers occupying premises for less than one year, the consumption adjustment shall be made from the average consumption of the three billing periods previous to the leak consumption bill. (Ord. 1243 § 1, 1994).

13.28.060 Residential meters city property – Replacement of privately owned meters.

A. All residential meters provided and installed on water service connection lines by, and at the expense of, the water department shall remain the property of the city and shall be removed only by the water department.

B. All other meters provided and installed by the water department at the expense of the owner or agent of the premises served shall be and remain the property of said owner or agent. The meters shall be removed only by the water department. When the use of an owned meter is discontinued, the water department may, upon the approval of the director and the owner, purchase such meter upon payment of the original cost thereof, less credit in the amount of the depreciated value of such meter less 6.66 percent depreciation per year during the period in which the meter has been in service. No credit will be allowed for a meter which cannot be successfully reconditioned or has been in service for 15 years. (Ord. 844 § 1(F), (G), 1980).

13.28.070 Turnon and turnoff – Single charge required when.

Each customer will have only one charge made for each request. In the case of dual service, the charge will go to the electric utility. (Amended at city’s request 2/9/84; Ord. 844 § 2, 1980).

13.28.080 Temporary use for construction.

The use of water for construction purposes, to settle trenches or fills, or other temporary purposes shall be allowed where water is available. Before commencing such use, application therefor shall be made to the utilities department and charges shall be in accordance with the most current fee ordinance. Applications must be submitted five working days prior to need. (Ord. 1071 § 1, 1988: amended at city’s request, 2/9/84; Ord. 561 § 6, 1969).

13.28.090 Water main construction – Standard and substandard mains defined – Installation standards.⁴

A. The charges set forth in this section and MMC 13.28.100 through 13.28.140 are water main construction charges and do not include charges for water service connection.

B. The size and type of pipe and appurtenances, including fire hydrants, the manner of installation and the installation itself shall be in accordance with “Standard Specifications for Municipal Public Works Construction” as prepared by the Washington State Chapter of the American Public Works Association, the latest approved edition. The size of pipe and all appurtenances shall be adequate for the ordinary use and fire protection of the area to be served, but in no case shall the size of a water main be less than eight inches in diameter. Mains and appurtenances which meet these standards shall be termed “standard mains” and those which do not shall be termed “substandard mains”; provided, mains of not less than four inches internal diameter installed prior to passage of the ordinance codified in this section and MMC 13.28.100 through 13.28.140 may be considered standard mains if they meet other provisions of this section; provided further, that in the event unusual conditions exist and the water department determines a temporary arrangement is necessary and in the public interest, a substandard water system or water mains of other sizes and materials may be installed.

C. Installations may be made by the water department or by one or more property owners under the supervision, and subject to the approval, of the water department. If installations are specified by the water department in excess of the standards adopted in this section for the purpose of serving other property or improving the water system as a whole, the additional expense shall be borne by the city. (Ord. 1255 § 1, 1994; Ord. 926 § 1, 1983; Ord. 877 § 1, 1981; Ord. 695 § 1, 1976; Ord. 561 § 7(A), 1969).

13.28.100 Water main construction – New or substandard replacement authorized when – Main extensions required when – Engineering and design requirements – Extension outside city prohibited when.

A. Where premises not served by any main or served by a substandard main desire water service, standard water main shall be installed in the street or road fronting said premises, and said standard main shall extend and connect to the nearest standard main.

B. It shall be the policy of the city to require any owner or developer desiring water service to extend the water distribution main to the further edge, or line of the property to be served.

C. General.

1. The property owner is responsible for water system design.

2. The water system designer shall be a civil engineer licensed in the state of Washington and qualified by both the experience and educational background in the design of water facilities.

3. Engineering and design shall conform to the engineering standards.

D. Water Facility Requirements.

1. Whenever property is developed or redeveloped in any way such that water demand or use is altered, new water facilities are required wherever necessary to:

a. Meet fire flow and other fire protection requirements, including the number and location of fire hydrants and fire sprinkler components, as determined by the fire marshal’s office of the jurisdiction in which the project is located.

b. Meet domestic and irrigation flow requirements. See the engineering standards.

c. Meet pressure requirements. See the engineering standards.

d. Replace or relocate existing facilities as required or authorized by the utility.

2. Whenever property is developed or redeveloped, water mains shall be extended through and to the extremes of the property being developed as required by the utility when needed for the orderly extension or efficient gridding of the public water system.

3. The public works director may grant a variance to main extensions if under special circumstances the extensions would not add to the city’s grid system, the extension requirement would violate the constitutional rights of the applicant, or because of unique topographical features or other factors beyond the control of the applicant or the main extension would work an undue hardship on the applicant and provide little or no public benefit in return. The decision of the public works director is appealable to the hearing examiner.

E. Water Service Design.

1. Water services shall be sized in accordance with the International Plumbing Code. Combination domestic/fire services shall be sized to meet the greater of two demands, subject to approval by the fire marshal and, for projects within the Milton city limits, the department of planning and community development.

2. Each separate principal building is required to have its own water service.

F. Utility Separation Requirements. Water lines shall be separated from other utilities in order to avoid hazardous conditions and to provide adequate space for alterations and repairs. See the utility separation requirements contained in the engineering standards.

G. Electrical Service Grounding. Service connections or water utility distribution system piping shall not be used for grounding of electrical systems or for the maintenance, integrity or continuity of any grounding attachment or connection.

H. Cross-Connection Control. All connections to the public water system shall comply with the backflow prevention requirements.

I. The city shall not extend the water system outside the city beyond its water service area, unless water and other facilities are available and upon such terms and conditions, in addition to those set forth in this chapter, as the public works director may determine. (Ord. 1663 § 8, 2006; Ord. 1550 § 1, 2002; Ord. 926 § 1, 1983; Ord. 877 § 1, 1981; Ord. 695 § 1, 1976; Ord. 561 § 7(B)(1), 1969).

13.28.110 Water main construction – Owner payment responsibility.

The owners of premises to be served by a water main shall pay the entire cost of construction and installation of such water main and appurtenances, whether financed by formation of a local improvement district or by one or more property owners. (Ord. 926 § 1, 1983; Ord. 877 § 1, 1981; Ord. 695 § 1, 1976; Ord. 561 § 7(B)(2), 1969).

13.28.120 Water main construction – Repayment for private installation.

Whenever a standard water main has been constructed without a formation of a local improvement district, and at the cost and expense of one or more property owners, and said main thereafter is accepted by the city, the constructors shall file with the clerk a detailed cost statement of the premises having contributed to the installation of the main. Funds collected under of MMC 13.28.150(B) from premises which connect to such main within 10 years after installation and acceptance shall be paid to the person or persons who constructed the main in the manner prescribed by Chapter 13.32 MMC.⁵ (Ord. 926 § 1, 1983; Ord. 877 § 1, 1981; Ord. 849 § 1, 1980; Ord. 695 § 1, 1976; Ord. 561 § 7(B)(3), 1969).

13.28.130 Water main construction – Connection to substandard main authorized when.

A. Where premises are served by a substandard main and installation of a standard main is not feasible at the time, in the judgement of the water department, connection to the existing main may be permitted upon payment of the charges as set forth in MMC 13.28.150(B).

B. Such charges shall be paid into the water main customer reserve fund. Upon installation of standard water mains by the formation of a local improvement district, such charges shall be applied toward payment of the assessment against the premises. In the event the assessment is less than the retained charge, the residue shall be paid to the then record owner of the premises.

C. If a standard main is installed by private contract or by the water department, charge shall be paid to the constructor upon acceptance by the city of the main. (Ord. 926 § 1, 1983; Ord. 877 § 1, 1981; Ord. 695 § 1, 1976; Ord. 561 § 7(B)(4), 1969).

13.28.140 Water main construction – Temporary private connection authorized when.

A. Where an applicant desires water service for a premises not abutting a water main and where extension or construction by local improvement district or other means is not feasible at the time of application, then a temporary water service connection to an existing water main may be permitted at the total expense of the applicant and upon payment of the charges as set forth in the most current fees ordinance.

B. Such charges shall be paid into the water main customer reserve fund. Upon the installation of standard water mains by the formation of a local improvement district, such charges shall be applied toward payment of the assessment against the premises. In the event the assessment is less then the retained charge, the residue shall be paid to the then record owner of the premises.

C. If the standard main is installed by private contract, or by the water department, charges shall be paid to the constructor upon acceptance of the main by the city in accordance with Chapter 13.30 MMC. (Amended at city’s request, 2/9/84; Ord. 926 § 1, 1983; Ord. 877 § 1, 1981; Ord. 695 § 1, 1976; Ord. 561 § 7(B) (5), 1969).

13.28.150 Water main construction – Payment of charges.

A. Where premises are served by an existing standard main, there shall be no water main construction charge under this section to connect to the main if:

1. The main is installed by a local improvement district for which the premises have paid an assessment; or

2. The main was installed by private contract and the constructor designated the premises as having contributed to the cost.

B. Where premises are served by an existing standard main, and the premises have not contributed to payment therefor as set forth in subsection A of this section, there shall be a water main construction charge included in the water service charges, as the most current fee ordinance stipulates.

C. Moneys collected under this section shall be paid to the constructor of the main if connection is within 10 years after construction of the main in accordance with Chapter 13.30 MMC. Otherwise, the moneys shall be paid into the water revenue fund. (Amended at

city’s request, 2/9/84; Ord. 926 § 1, 1983; Ord. 877 § 1, 1981; Ord. 695 § 1, 1976; Ord. 561 § 7(C), 1969).

13.28.160 Water mains city property – Mains in alleys or private property permitted for maintenance when.

A. The ownership of all water mains and appurtenances in public streets shall be vested solely in the city, and the person or persons responsible for the construction of such mains shall relinquish all interest in the ownership of such mains upon acceptance by the city by a written agreement.

B. The water department will not accept for maintenance or operation any mains or services laid in alleys or across private property, whether an easement is granted or not, unless special permission is granted by the city council. Such special permission shall be for a definite period of time. (Ord. 561 § 8, 1969).

13.28.170 Service connection installation – Method – When single connection required – Emergency temporary connections.

A. Where the premises to be supplied with water is located upon a street in which a water main of adequate capacity is installed, the premises shall be connected with the water main by a water service connection extending at right angles from the main to the curbline of the premises. A water meter and curb cock shall be placed approximately two feet inside of the curbline, or as directed by the director. Both curb cock and meter shall be protected by approved enclosures.

B. Each premises shall be provided with a water service connection to the water main at the expense of the owner as prescribed in Section 13.28.030, upon approval of written application from the owner. In the case of multiple dwellings, the water department may grant the owner the right to install more than one suitable size service connection per premises, as prescribed in Section 13.28.130; provided, that written application has been made by the owner and approved by the water department.

C. When two or more units on the same premises are being served unsatisfactorily by one water service connection, the water department shall have the right to require the installation of additional water service connections from the water main to the premises served.

D. When additional water service connections are provided for any premises, all water services to such premises shall be metered and installed in the regular manner.

E. Any premises supplied with water through one water service connection into the premises shall not be permitted to furnish water to any other premises except during emergency, which shall not exceed a period of 30 days. An application for emergency connection shall be filed with the water department within 48 hours of its occurrence. (Amended at city’s request, 2/9/84; Ord. 561 § 9, 1969).

13.28.180 Service connection installation – Charges – Inside city.

All water service connections shall be made by the water department, and the charges to be paid toward the construction thereof shall be as provided as follows for connections within the corporate limits of the city:

A. For each three-fourths-inch connection or less, a charge will be made as required by Chapter 3.48.

B. For each connection larger than three-fourths-inch, an additional charge shall be made, based on the cost of the additional material needed (see Section 13.28.420 for water meter installation charge). (Amended at city’s request, 2/9/84; Ord. 877 § 2, 1981; Ord. 695 § 2, 1976; Ord. 561 § 10, 1969).

13.28.190 Water service charges.

The ready-to-serve charge shall be determined by the size of the meter and not by the size of the service pipe.

A. Each meter size shall pay monthly a ready-to-serve charge.

Meter Size	Ready-to-Serve Charge
3/4" or less	$    12.10
1"	44.90
1-1/4"	60.80
1-1/2"	74.75
2"	89.70
3"	149.55
4"	224.30
6"	448.60
8"	672.85
10"	971.30
12"	1,345.75

B. The rates for water usage per month or a fractional part thereof shall be as follows: $1.20 per 100 cubic feet. Billing will be to the nearest 100 cubic feet. Whenever unusual circumstances temporarily require an unmetered service, the ready-to-serve charge and an estimated water usage will be applied based on prior use if possible, and the relative meter size.

C. The rate for water applies to each building connected to the service on a domestic or combination domestic and commercial service and on each meter where more than one is used.

D. Where more than one service supplies a premises, the consumption of water for each meter shall be computed separately. (Ord. 1452 § 1, 2000; Ord. 1220 § 1, 1993; Ord. 980 § 1, 1984; Ord. 877 § 3, 1981; Ord. 816 § 1, 1980; Ord. 695 § 3, 1976; Ord. 561 § 11, 1969).

13.28.200 Service connection installation – Charges – Outside city.

All water service connections shall be made by the water department, and the charges to be paid toward the construction thereof shall be as provided as follows for connections outside the corporate limits of the city:

A. For each three-fourths-inch connection or less, a charge will be made as required by Chapter 3.48.

B. For each connection larger then three-fourths-inch, an additional charge shall be made, based on the cost of the additional material needed (see Section 13.28.420 for water meter charge). (Amended at city’s request, 2/9/84; Ord. 877 § 4, 1981; Ord. 695 § 4, 1976; Ord. 561 § 12, 1969).

13.28.210 Water service charges – Outside city.

Repealed by Ord. 1452. (Ord. 1267 § 1, 1995; Ord. 1220 § 2, 1993; Ord. 980 § 1, 1984; Ord. 877 § 5, 1981; Ord. 816 § 1, 1980; Ord. 695 § 3, 1976; Ord. 561 § 11, 1969).

13.28.213 Water ready-to-serve charge expenditure limitations.

Repealed by Ord. 1220.

13.28.215 Water service charges – Senior citizens.

A. This section shall allow senior citizens a discount of 30 percent on the monthly water bill only for those senior citizens that qualify.

Qualifications.

1. Must be 65 years old.

2. Total annual income from all sources must meet the low-income guidelines as determined by the U.S. Department of Housing and Urban Development.

B. Each senior requesting the 30 percent discount shall sign a certification form which is on file in the clerk’s office. (Ord. 1452 § 2, 2000; Ord. 877 § 6, 1981).

13.28.220 Fire protection line connections – Water department non-responsibility for fire loss.

A. Separate water service connections for fire protection lines shall be laid by the water department and shall terminate with a gate valve and a meter. The entire cost of the installation shall be borne by the owner or his authorized agent. No water may be drawn from such a system for use other than fire protection.

B. The water department shall not be held responsible nor liable for any fire loss or damage of any nature directly or indirectly caused by the condition of the customer’s fire mains or other apparatus, by low or fluctuating pressure, by lack of water available, nor for shutoff for nonpayment or testing, or to enforce the provisions of this chapter. (Ord. 561 § 14, 1969).

13.28.230 Fire protection line charges.

The rates for fire protection lines inside and outside of the corporate limits of the city shall be $1.00 per month, plus $.25 per 100 cubic feet of water used. (Ord. 561 § 15, 1969).

13.28.240 Hydrants – Unauthorized use prohibited – Temporary connection authorized when.

It is unlawful for any person other than properly authorized employees of the water and fire departments to operate public fire hydrants and hose outlets unless proper arrangements have been made with the water department for payment for such water and permission has been granted by the director. (Amended at city’s request, 2/9/84; Ord. 561 § 16, 1969).

13.28.250 Reuse of inactive connections authorized when.

A. When application is made for water service from a connection which has been inactive for a period of one year or more:

1. And if the existing service is substandard and it is physically possible to standardize the installation in accordance with Section 13.28.170, the applicant shall pay for new service as provided in Sections 13.28.180 and 13.28.190.

2. And if the existing service is standard, the applicant shall pay a connection fee of one-tenth of the connection fee portion on the water service charges for a new service for each year or major fraction thereof that the service has been inactive.

B. When a water service connection has been inactive for 10 years or more, it will be considered unusable, and a new water connection will be required at the then current standard fee.

C. When any water service connection attains a period of inactivity of 10 years or more, it shall be subject to disconnection and removal at the discretion of the water department. (Ord. 561 § 17, 1969).

13.28.260 Connection lines required depth below ground – From water main to curb cock.

All water service connection lines three inches in diameter and smaller leading from the water main to the curb cock or gate valve shall be placed with the top of the pipe not less than 30 inches below the surface of the ground or the established street grade. Water service connection lines four inches in diameter and larger shall be placed with the top of the pipe not less than 42 inches below the surface of the ground or established street grade. (Ord. 561 § 18, 1969).

13.28.270 Service mains and connection lines materials and diameter.

Water service mains, connection lines and extensions laid underground to and within the premises shall be constructed of galvanized iron, cast iron or copper tubing up to and including four inches in nominal inside diameter. For water service mains, connection lines and extensions six inches in nominal inside diameter or larger, cast iron or asbestos-cement pipe shall be used; provided, that in the cases of bona fide emergency situations and conditions that are determined by the water department to exist, other sizes and types of approved synthetic material pipe may be utilized. Black iron or steel pipe may not be used. The use of asbestos-cement pressure pipe or other pipe material for water service connections which are extended underground to and within the premises may be permitted with the approval of the water department based on the local water pressure pertinent conditions. The class and type of water service connection line four inches or larger shall in all cases be subject to approval of the water department. Water service connections, lines, and extensions extending from the first branch inside the building shall be not less than one inch nominal inside diameter. (Ord. 561 § 19, 1969).

13.28.280 Connection lines required depth below ground – From curb cock to building – Required distance from sanitary sewer.

A. Unless otherwise approved by written permit from the water department, all water service connection lines leading from the curb cock to the building or premises to be serviced shall be laid with the top of the pipe not less than 30 inches below the surface of the ground.

B. In no case shall water service connection lines or extensions be laid or maintained parallel with and within 10 feet horizontally of any sanitary sewer.

C. When additional water service connection line extensions or renewals are to be made beneath the surface of the ground within the premises and connected to existing water service connection lines, an application therefor shall be made to the water department for inspection and approval. (Ord. 561 § 20, 1969).

13.28.290 Stop-and-waste cock requirements.

A. Stop-and-waste cocks or valves of approved pattern with key or handwheel attached shall be installed in the water service connection line leading from the city curb cock to the building within the premises served at all low points in the water service piping inside or outside the building, and shall be readily accessible to the occupant of the premises. Where there is no basement or other area under the building, the stop-and-waste cock or valve shall be installed in the service line leading into the premises at a point outside of and near the foundation, properly enclosed in a terra cotta, concrete or iron box, with approved cover, protected from frost and readily accessible.

B. No outlets shall be connected to the water service line between the city curb cock and the stop-and-waste nearest the curb cock. (Ord. 561 § 21, 1969).

13.28.300 Check and pressure relief valves – Building requirements – Service discontinuance authorized when.

A. The water department shall have the right to require the installation of check and pressure relief valves, or other protective devices, on water service lines within the premises, where this is found necessary to protect the water meter from hot water or in cases where polluted or stagnant water may be forced or siphoned back into the city water mains. The number and type of check and pressure relief valves to be installed shall be determined by the water department.

B. The water department shall have the right to discontinue water service to any premises where the owner thereof fails to comply with 10 days’ written notice, setting forth the nature of the complaint; provided, that where, in the opinion of the director, immediate discontinuance of service is necessary to protect the water system from contamination or pollution, the water department may discontinue water service without notice. The water department shall leave written notice on the premises, setting forth the reason for discontinuance of the water service. (Ord. 561 § 28(A), 1969).

13.28.310 Check and pressure relief valves – Lawn sprinkling systems requirement.

A. Lawn sprinkling services shall be equipped with an approved check valve at the meter and one or more stop-and-waste valves as required to drain the piping. Service may be refused on existing lawn sprinkling systems not so equipped.

B. A lawn sprinkling system connected to a water service shall be equipped with an approved check valve placed between the sprinkler stop-and-waste or the first outlet and the point of connection to the service line.

C. Vacuum breakers or other protective devices may be required by the water department. (Ord. 561 § 22(B), 1969).

13.28.320 Curb cocks positions requirements.

A. Persons installing plumbing in new buildings shall leave the curb cock in the “off” position upon completion of their work.

B. Persons making additions or repairs to existing plumbing systems shall leave the curb cock in the position in which it was found on beginning their work. (Ord. 561 § 23, 1969).

13.28.330 Debarment authorized for violation – Right of appeal.

Licensed plumbers or other persons doing plumbing work in connection with water supply lines within any premises or public street who fail to perform the work according to established rules, regulations and ordinances, or execute the work unskillfully or to the damage of the water department, may be debarred temporarily or permanently from making connection to or doing work on the city water mains. Any person so debarred shall have the right to appeal to the council. (Ord. 561 § 24, 1969).

13.28.340 Right of entry.

A. Two or more employees of the city, properly identified, shall have free access at reasonable hours of the day to all parts or premises or within buildings, thereof to which water is supplied from the city water mains, for the purpose of checking conformity to these regulations. The owner or his authorized agent shall accompany the city personnel during the inspection.

B. Whenever the owner of any premises supplied by the water department restrains authorized city employees from making necessary inspection, water service may be discontinued. (Ord. 561 § 25, 1969).

13.28.350 Turnon procedure for new service connections.

When new water service connections are installed for any premises, the curb cock or valve shall be turned to “off” position and locked. The curb cock shall remain off until a turnon is applied for and an order therefor is issued. A turnon order will be issued by the water department upon written application by the owner of the premises to be supplied after the building inspector has issued a certificate that all provisions of the plumbing code have met compliance, a certificate of occupancy issued and all current assessments and permit fees paid. Where service lines are laid beneath the surface of the ground, the pipes shall remain exposed until they are inspected and approved by the water department. (Ord. 1071 § 1, 1988; Ord. 561 § 26, 1969).

13.28.360 Free turnoff on request authorized.

Upon request to the water department, any service will be turned off without charge. (Ord. 561 § 27, 1969).

13.28.370 Service charges to continue until discontinuance request – Department non-responsibility for statements.

All water service charges shall continue against property vacated or with service discontinued for nonpayment, until such time as the water department is notified in writing to discontinue said service. The balance must be paid in full before service is resumed. The water department shall not be held responsible for statements made by persons claiming ownership. (Amended at city’s request, 2/9/84; Ord. 561 § 30, 1969).

13.28.400 Unauthorized turnon prohibited – Payment for expenses required for turnon.

A. It is unlawful for any person except duly authorized employees of the water department or other authorized persons to turn on the water supply to any premises after a turnoff is made at the curb cock or valve by the water department.

B. The water service connection line to any premises supplied with water turned on by an unauthorized person after said water supply had been turned off by the water department for cause shall be disconnected from the water main in the street and shall not be connected again until violations of these rules and regulations have been corrected and all charges and penalties, including the expense incurred by disconnecting and reconnecting the service line, are paid or a satisfactory arrangement for payment is made with the water department. (Ord. 561 § 33, 1969).

13.28.410 Turnoff to condemned buildings required.

Whenever premises supplied with water have been condemned by the proper authorities of the city as dangerous to human life or unfit for human habitation, and notice of such condemnation has been received by the water department from said authorities, the director shall cause the water service to such premises to be turned off. Water service to such premises shall not be restored until the owner or agent has complied with the requirement of, and has secured a release or clearance from the proper authorities of, the city, certifying that the premises are again safe and fit for habitation. (Ord. 561 § 34, 1969).

13.28.420 Meter installation charges.

A. No charge will be made for the first or original installation of a three-fourths-inch meter on any water service to premises within the city limits, unless such installation is of a temporary nature, in which case the installation and removal will be made at the expense of the owner (see Sections 13.28.180 and 13.28.200).

B. Meters over three-fourths-inch size, and all meters in addition to the first or original meter installed to serve any real property having a common owner, shall be provided and installed by the water department at the expense of the owner (see Sections 13.28.180 and 13.28.200). (Ord. 561 § 35, 1969).

13.28.430 Meter change in size – Application required.

Whenever the owner of any premises within the city limits desires to increase or decrease the size of a meter larger than three-fourths inch, an application shall be made to the water department, and upon approval the exchange will be made at the expense of the owner, less credit for the depreciated value of the meter removed, provided the customer is entitled to such credit. (Ord. 561 § 37(A), 1969).

13.28.440 Meter removal and reinstallation charges.

A. Whenever the owner of any premises within the city limits served by a meter three-fourths inch or larger in size desires to discontinue service and have the meter removed, the water department will, upon a request by the owner, remove the meter without charge.

B. Reinstallation of meters will be made in the same size upon a request by the owner and deposit of the following charges with the treasurer to cover the labor for reinstallation only:

      Meter Size Charge

3/4" or less $ 6.00

1"  7.00

1/2" 9.00

2"  12.00

C. Meters three-fourths inch and larger owned by the water department at the time of the passage of the ordinance codified in this chapter will be reinstalled only upon depositing with the city treasurer the water department’s sale price of the meter, together with the charges set forth in this section. (Ord. 561 § 37(B), 1969).

13.28.450 Meter replacement – Excessive consumption.

Whenever excessive consumption periodically overloads the capacity of a meter used to supply service to any premises, the water department will advise what size meter is necessary to give proper service without damage to the meter. Estimate of cost covering such change will also be furnished by the water department upon request from the owner without charge. If the owner does not make the required deposit for the installation of the larger meter within 30 days after the date of the notice, then the water department may install the proper size meter, charging the total cost of special service, or may discontinue service. (Ord. 561 § 37(C), 1969).

13.28.460 Meter replacement – Unserviceability from ordinary use.

The water department will maintain and repair and replace all meters when rendered unserviceable by ordinary use. (Ord. 561 § 38(A), 1969).

13.28.470 Meter replacement – Premises improvements or wilful acts.

Where replacements, repairs, or adjustments to any meter are made necessary by improvements to the premises, or by the wilful act, neglect or carelessness of the owner or occupant of the premises served, all expenses of such replacement, repairs, or adjustments incurred by the water department shall be borne by the owner of the premises. Where replacements, repairs and adjustments are necessary for any fire service meter rendered unserviceable by ordinary use, the water department will provide all labor required for such work and will pay the cost of materials not to exceed, in any one year, four times the monthly fire protection charge for the service. All material costs necessary in any one year for proper operation and maintenance of the service which are in excess of the aforementioned sum, shall be borne by the owner of the premises, and failure to pay such costs shall be sufficient cause for discontinuance of service. (Ord. 561 § 38(B), 1969).

13.28.480 Meter replacement – Hot water backflow.

The repairs to any meter damaged by hot water backing into the water main from the premises served will be borne by the water department for the first occurrence provided that the owner or occupant, upon written notice from the water department and within 14 days from date thereof complies with the instructions and requirements set forth in said notice to prevent a recurrence of the damage. Failure to comply with requirements shall be held as neglect and carelessness and the expense of further removal and repairs shall be borne by the owner of the premises. (Ord. 561 § 38(C), 1969).

13.28.490 Meter replacement – Test of defective meter – Deposit required.

A. When any customer whose water service is metered makes a complaint that the water bill for any period has been excessive, the water department shall, upon request, have the meter reread and the water service pipes and plumbing fixtures on the premises inspected for leaks. Should the customer then request that the meter be tested for accuracy he shall then make a deposit, as prescribed in this section with the city treasurer. The customer shall have the privilege of being present at the water department shops when such test is made. In case the test discloses an error of more than three percent of water consumed in favor of the city, the deposit shall be refunded to the customer, a correct registering meter shall be installed and the customer’s account shall be credited with the excess consumption on the three previous readings. When the test discloses an error of three percent or less in favor of the city, the meter shall be adjusted or an accurate meter shall be installed and the amount deposited will be retained by the water department to cover a part of the cost of such test.

B. Before making a test of any water meter, the person requesting such a test shall, at the time of request, make a deposit with the city treasurer of the amount charged for such test, which shall cover a part of the cost thereof and be as follows:

      Meter Size Charge for Testing

      3/4" or less $ 6.00

1"  7.00

1/2" 9.00

2"  12.00

(Ord. 561 § 38(D), 1969).

13.28.500 Damaging or storing material near water equipment prohibited.

A. It is unlawful for any person to wilfully disturb, break, deface or damage any fire hydrant, water meter, gate valve, water pipe or other waterworks appurtenances, together with the buildings, grounds and improvements thereon, or in any other manner interfere with the proper operation of any part belonging to or connected with the water system of the city in any manner whatsoever.

B. It is unlawful for any person to store, maintain or keep any goods, merchandise, material, or rubbish within a distance of five feet from any water meter, curb cock, gate valve or other appliance in use on any water service connection or water main.

C. Violations of this section shall be prosecuted as prescribed in Section 13.28.570. (Ord. 561 § 39, 1969).

13.28.510 Wasting water prohibited.

It is unlawful for any person to allow water to be wasted at any point beyond the curb cock or meter by imperfect, faulty or leaking stopcocks, valves, pipes, closets, faucets, or other fixtures or appliances; or to install water closets without self-closing valves; or to allow any fixtures or appliances to run open for lack of repairs or to prevent freezing; or to use water for any purpose other than that set forth in the application upon which charges for water are based, or to use water in violation of the rules and regulations set forth in this chapter. (Ord. 561 § 40, 1969).

13.28.520 Sprinkling during fires prohibited.

It is unlawful for any person to knowingly use water for lawn or garden sprinkling or irrigating purposes on any premises during the progress of a fire or conflagration. All sprinkling shall stop when the fire alarm sounds and shall not begin until the fire is extinguished. (Ord. 561 § 41, 1969).

13.28.530 Emergency discontinuance of service authorized when.

In the case of emergency or whenever the public health, safety, or the equitable distribution of water so demands, the director of the water department may change, reduce or limit in time or temporarily discontinue the use of water. Water service may be temporarily discontinued for purposes of making repairs, extensions, or doing other necessary work. Before so changing, reducing, limiting or discontinuing the use of water, the water department shall notify, insofar as practicable, all water consumers affected. The city shall not be responsible for any damage resulting from interruption, change or failure of the waste supply. (Ord. 561 § 42, 1969).

13.28.540 Street work on water pipes – Notice required – Liability for damage.

A. All person, firms, or corporations and municipal departments handling street work, such as grading, filling, paving, trenching for sewers, culverts, conduits, etc., shall give the water department at least eight days’ written notice in advance in case it becomes necessary, during the progress of the work, to remove, displace, adjust or change any water mains, pipes, fittings, meters, gate valves, or other water works appurtenances that may interfere with the progress of the work. The cost of all necessary material and labor for work done by the water department shall be borne by the party causing the work to be done.

B. Damage to any part of the water distribution system shall make the person, firm, corporation or municipal department responsible and liable to the water department for the cost of necessary repairs and replacements.

C. All construction shall conform to water department standards. (Ord. 561 § 43, 1969).

13.28.550 Cross-connections a nuisance – Connections with other systems authorized when.⁶

Renumbered by Ord. 1252. (Ord. 561 § 44, 1969).

13.28.560 Director of public works interpretation authority.

The director of the water department shall have the authority to decide any questions which may arise pertinent to the interpretation and/or the application of the regulations of this chapter. (Ord. 561 § 47, 1969).

13.28.570 Violation – Penalty.

Any person, firm, or corporation wilfully violating any of the provisions of this chapter shall be guilty of a misdemeanor, and on conviction thereof shall be punished as set forth in Chapter 1.08 MMC. (Ord. 561 § 46, 1969).

Chapter 13.29
CERTIFICATES OF WATER AVAILABILITY

Sections:

13.29.010 Purpose and application.

13.29.020 Certificates required and defined.

13.29.030 Expiration of certificates of water availability.

13.29.040 Perfecting of water certificate.

13.29.050 Fees for certificates of water availability.

13.29.010 Purpose and application.

The purpose of this chapter is to govern certificates of water availability. Nothing in this chapter shall be construed as limiting the authority of the city to impose additional policies and procedures under other applicable laws. The public works director has the authority to modify the requirements of this chapter to the extent that (A) the requirement is an unnecessary burden on the applicant; (B) the city can still ensure that it does not overextend its water resources; and (C) these resources are distributed to new developments and redevelopments in an equitable manner. (Ord. 1704 § 1, 2007).

13.29.020 Certificates required and defined.

Certificates of water availability are defined as certificates issued by the city stating the ability to provide water to meet the needs of a proposed development project as contemplated in RCW 19.27.097, as now or hereafter amended. Certificates of water availability shall be submitted in conjunction with a land use permit application as required by MMC 17.61.020(C)(2)(d), as now or hereafter amended, or with a building permit application as required by RCW 19.27.097, as now or hereafter amended. Certificates of water availability shall not be required or allowed for any site-specific rezones, notwithstanding any conflicting provision of MMC 17.61.020(C) (2)(d). The land use permit applications identified in this section shall not be deemed complete for purposes of permit review deadlines until a valid certificate is submitted to the review authority. Certificates shall be issued only to meet the water needs of development proposed in a land use or building permit application. (Ord. 1704 § 1, 2007).

13.29.030 Expiration of certificates of water availability.

Certificates of water availability shall state that they shall only remain in effect for the later of (A) one year; or (B) during the pendency of any permit application for which the certificate has been submitted as required in MMC 13.29.020. Certificates of water availability without expiration dates issued by the city of Milton prior to August 15, 2007, shall expire the later of (A) August 15, 2007, or (B) one year from issuance. Certificates of water availability issued prior to August 15, 2007, that are associated with current development and building permit applications shall remain in effect unless and until such pending permit application expires or is deemed to be inactive, as defined elsewhere in the Milton Municipal Code. The city of Milton shall notify the holders of certificates without expiration dates issued prior to August 15, 2007, of the impending expiration by publishing a legal notice in the city’s official newspaper and posting the same on the city’s website. The city shall also send a copy of the legal notice by certified mail to each holder for whom the city has a mailing address and record of issuing a certificate of water availability without expiration date. (Ord. 1704 § 1, 2007).

13.29.040 Perfecting of water certificate.

Once a permit identified in MMC 13.29.020 is approved, the accompanying water certificate shall be perfected for the use proposed in the permit and the holder shall have a right to connect to the city’s water system. Certificates issued without an expiration date prior to August 15, 2007, shall be deemed perfected if issued for property upon which a land use or building permit application has been approved prior to August 15, 2007, but only to the extent necessary to meet the needs of the approved development. (Ord. 1704 § 1, 2007).

13.29.050 Fees for certificates of water availability.

Certificates of water availability shall only be issued upon payment of fees required in the fee resolution adopted pursuant to MMC 3.48.010. A new fund shall be created exclusively for fees collected for certificates of water availability. Expenditure of moneys in this fund shall be limited to the administration of water rights programs, including but not limited to administering letters of water availability and costs of securing new or maintaining existing water rights and securing new wells or increase capacity of existing wells to enable the city to continue to issue letters of water availability. (Ord. 1704 § 1, 2007).

Chapter 13.30
DEVELOPERS EXTENSION AGREEMENT FOR WATER AND SEWER CONSTRUCTION

Sections:

13.30.010 Definitions.

13.30.020 City responsibility.

13.30.030 Reimbursement to contractor for local facilities costs.

13.30.040 Connection charge in lieu of assessment – Determination.

13.30.010 Definitions.

As used in this chapter:

A. “General facilities” means facilities conferring benefit beyond that received by immediate adjoining tributary properties (e.g., storage tanks, pumping facilities, trunks, treatment facilities, permanent pumping station).

B. “Local facilities” means facilities conferring immediate vicinity benefit to a specific adjacent tributary property only. Benefit does not extend beyond adjacent property. (Ord. 981 § 2, 1984).

13.30.020 City responsibility.

The city shall be responsible for the payment of general facilities in the event water or sewer facilities are constructed by a builder or developer or other private contract without the formation of a utility local improvement district and/or assessment therefor. (Ord. 981 § 2, 1984).

13.30.030 Reimbursement to contractor for local facilities costs.

A. In the event water or sewer facilities are constructed without the formation of utility local improvement districts and/or assessment therefor by a builder or developer or by other private contract, and the water or sewer facilities are pursuant to the comprehensive sewer or water plan of the city and are accepted by the city and are constructed in accordance with the engineering design established by the city, the city shall collect from property abutting the water or sewer facilities and subsequently served from the water or sewer facilities, at the time of connection, for each water or sewer service a connection charge, and charge in lieu of assessment, and the city shall pay up to 75 percent of the costs of the local facility to the contractor, builder or developer of the facility, for a period of 10 years after the installation and acceptance of the sewer or water facility by the city, or until the 75 percent has been repaid whichever occurs earliest. The remaining portion of the connection charge in lieu of assessment shall be deposited into that proper utility fund.

B. The 10-year cost reimbursement period set forth above in subsection A shall be deemed to have been tolled during the pendency of any pending or subsequent moratorium on the construction of an electrical facility, except that in no event shall the 10-year period be tolled for more than five years, after which time the 10-year period or any time thereon remaining shall run. (Ord. 1224 § 1, 1993; Ord. 981 § 2, 1984).

13.30.040 Connection charge in lieu of assessment – Determination.

The engineer and/or the public works director of the city shall ascertain the actual construction costs, if known, of the local facility facing property abutting, or as otherwise equitably determined by the engineer and/or the public works director, and the engineer and/or public works director shall determine the connection charge in lieu of assessment for the property or a portion of the property lying within 120 feet from the facility, and the charge in lieu of assessment and in lieu of all other charges shall be collected and shall be based upon the benefit to the property or a portion of the property so abutting the facilities; e.g., $_____ per front foot, plus _____ cents per square foot. (Ord. 981 § 2, 1984).

Chapter 13.32
CROSS CONNECTIONS

Sections:

13.32.010 Definitions.

13.32.020 Purpose.

13.32.030 Cross connections regulated.

13.32.040 Backflow prevention assemblies requirement.

13.32.050 Installation requirements.

13.32.060 Access to premises.

13.32.070 Annual testing and repairs.

13.32.080 Costs of compliance.

13.32.090 Termination of service.

13.32.100 Cross connections a nuisance – Connections with other systems authorized when.

13.32.110 Director of public works interpretation authority.

13.32.120 Violation – Penalty.

13.32.010 Definitions.

A. “Approved backflow prevention assembly” means a device to counteract back pressures or prevent back siphonage. This assembly must appear on the list of approved assemblies issued by the Washington State Board of Health.

B. “Auxiliary supply” means any water source or system other than the public water system, that may be available in the building or on the premises.

C. “Backflow” means the flow in the direction opposite to the normal flow or the introduction of any foreign liquids, gases, or substances into the water system of the city of Milton water service area.

D. “Back pressure” means backflow caused by other means that could create pressure within the system greater than the potable water supply system.

E. “Cross connection” means any physical arrangement where a public water system is connected, directly or indirectly, with any other nondrinkable water system or auxiliary system, sewer, drain conduit, hot tub, swimming pool, storage reservoir, plumbing fixture,

swamp coolers, radiator flush kit, garden hose (aspirator) or any other device which contains, or may contain, contaminated water, sewage, or other liquid of unknown or unsafe quality which may be capable of imparting contamination to the public water system as a result of backflow. Bypass arrangements, jumper connections, removable sections, swivel or changeover devices, or other temporary or permanent devices through which, or because of which, backflow may occur are considered to be cross connections.

F. “Premises” means any piece of land to which water is provided including all structures, improvements, mobile home(s) and other facilities located on it.

G. “Public water system” means any system excluding a system serving one single-family residence, providing piped water for human consumption, and also referred to as “potable water”.

H. “Purveyor” means any agency or subdivision of the state or any municipal corporation, firm, company, mutual or cooperative association, institution, partnership or person or any other entity that owns or operates a public water system. It also means three or more authorized agents of any such entities.

I. “Reduced pressure principle assembly” means an assembly containing two independently acting approved check valves together with a hydraulically operated, mechanically independent pressure differential relief valve located between the check valves and at the same time below the first check valve. The assembly shall include properly located test cocks and tightly closing shutoff valves at the end of the assembly. A check valve is approved if it appears on the list of approved assemblies issued by the Washington State Board of Health. (Ord. 1252 § 1, 1994).

13.32.020 Purpose.

The purpose of these regulations is to protect the water supply of the city of Milton from contamination or pollution due to any existing or potential cross connections. (Ord. 1252 § 1, 1994).

13.32.030 Cross connections regulated.

A. No cross connections shall be created, installed, used or maintained within the water service area (typical) served by the city of Milton, except in accordance with these regulations.

B. The director of public works or his/her designee shall have the authority to regulate the control or elimination of cross connections pursuant to the Chapter 246-290 WAC as it now exists or as it may hereafter be amended, and these regulations. The policies, procedures and other criteria for determining appropriate levels of protection required shall be in accordance with the “Accepted Procedure and Practice in Cross Connection Control Manual” – Pacific Northwest Section – American Water Works Association Fifth Edition or any superseding edition.

C. The city of Milton requires that all plumbing and sprinkler plans be submitted to the city of Milton public works department for review and approval prior to installation on all new construction for any plumbing or sprinkler system changes. (Ord. 1252 § 1, 1994).

13.32.040 Backflow prevention assemblies requirement.

Approved backflow prevention assemblies shall be installed at the expense of the owner, either at the service connection or within the premises, as determined by a certified cross connection inspector employed by the city of Milton in each of the following circumstances:

A. If the nature and extent of any activity on the premises, or the materials used in connection with any activity on the premises, or materials stored on the premises, could contaminate or pollute the drinking water supply.

B. On premises having any one or more cross connections as that term is defined in MMC 13.32.010(E).

C. Internal cross connections that are not correctable, or intricate plumbing arrangements which make it impractical to ascertain whether or not cross connections exist.

D. A repeated history of cross connections being established or reestablished.

E. Unduly restricted entry so that inspections for cross connections cannot be made with sufficient frequency or with sufficient notice to assure that cross connections do not exist. A reduced pressure backflow assembly will be required to be installed at the service connection.

F. Materials of a toxic or hazardous nature being used such that, if back siphonage should occur, a health hazard could result.

G. Any mobile apparatus which uses the potable water system or water from any premises within the city of Milton water service area system.

H. On any premises where installation of an approved backflow prevention assembly is deemed to be necessary to accomplish the purpose of these regulations in the judgment of a certified cross connection specialist employed by the city of Milton.

I. On any premises where an appropriate cross connection report form has not been filed with the office of public works.

J. All adopted unified plumbing codes must be maintained.

K. All rental properties shall have a reduced pressure principle assembly at the service connection.

L. All new construction plans shall be submitted to the water department for review and determination of the necessity of an approved assembly.

M. All mobile home parks, multicommercial units and apartment buildings shall install a backflow assembly at the service connection. (Ord. 1252 § 1, 1994).

13.32.050 Installation requirements.

To ensure proper operation and accessibility of all backflow prevention assemblies, the following requirements shall apply to the installation of these assemblies.

A. No part of the backflow prevention assembly shall be submerged in water or installed in a location subject to flooding. If installed in a vault or basement, adequate drainage and clearances shall be provided as per tested assembly specifications or as per MMC 13.32.050(F).

B. Assemblies must be installed at the location specified in the inspection report by owner. Alternate locations must be approved in writing by the city of Milton water department prior to installations.

C. The assembly must be protected from freezing and other severe weather conditions.

D. All backflow prevention assemblies to be installed shall be of a type and model pre-approved by the Washington State Board of Health and the city of Milton.

E. Only assemblies specifically approved by the Washington State Board of Health for vertical installation may be installed vertically.

F. The assembly shall be readily accessible with adequate room for maintenance and testing. Assemblies two inches and smaller shall have at least six inches clearance on all sides of the assembly. All assemblies larger than two inches shall have a minimum clearance of 12 inches on the back side, 24 inches on the test cock side, 12 inches below the assembly and 36 inches above the assembly.

G. If written permission is granted to install the backflow assembly inside of the building, the assembly shall be readily accessible during regular working hours of 8:00 a.m. to 5:00 p.m., Monday through Friday.

H. Upon completion of inspection by the city of Milton water department or an authorized specialist employed by the city of Milton and where a backflow assembly is deemed necessary, the type of assembly and installation plans shall be submitted to the city of Milton public works department for approval prior to installation.

I. Upon completion of installation, the city of Milton public works department shall be notified and all assemblies must be inspected and tested by a state certified tester. All backflow assemblies must be registered with the city of Milton public works department. Registration shall consist of date of installation, make, model, serial number of the backflow assembly, and initial test report. (Ord. 1252 § 1, 1994).

13.32.060 Access to premises.

Authorized employees of the city of Milton, with proper identification, shall have access during reasonable hours to all parts of a premises and within the building to which water is supplied. However, if any water user refuses access to a premises or to the interior of a structure at reasonable times and on reasonable notice for inspection by a cross connection specialist appointed by the city of Milton, a reduced pressure principle assembly will be required to be installed at the service connection to that premises. (Ord. 1252 § 1, 1994).

13.32.070 Annual testing and repairs.

All backflow assemblies installed within the water service area served by the city of Milton shall be tested immediately upon installation and annually thereafter by a state certified tester. All such assemblies found not functioning properly shall be promptly repaired or replaced by the water user. If any such assembly is not promptly repaired or replaced, the city of Milton may deny or discontinue water to the premises. All testing and repairs are the financial responsibility of the water user. (Ord. 1252 § 1, 1994).

13.32.080 Costs of compliance.

All costs associated with purchase, installation, inspections, testing, replacement, maintenance, parts, and repairs of the backflow assembly are the financial responsibility of the property owner to which water is supplied. (Ord. 1252 § 1, 1994).

13.32.090 Termination of service.

Failure on the part of any water user to discontinue the use of all cross connections and to physically separate cross connections is sufficient cause for the immediate discontinuance of public water service to the premises (WAC 246-290-490). The city of Milton reserves the right to deny service or discontinue the supply of water to any water user not in compliance with this and all other applicable regulations pertaining to public water systems. (Ord. 1252 § 1, 1994).

13.32.100 Cross connections a nuisance – Connections with other systems authorized when.

A. It is unlawful for any person to install or maintain a cross connection between any private water supply within or adjacent to any premises and the public water supply system of the city. Any such cross connection or interconnection now existing or hereafter installed is declared a nuisance and may be abated at once without notice by the director by disconnecting such cross connections or by cutting off the supply of water from the city distribution system to the premises supplied.

B. The owner of any private water system desiring to use city water on the premises on which such private system is maintained may have water supplied from the city system through a pipe discharging at the top and above the overflow of a tank or standpipe or as may be prescribed and approved by the director of the water department.

C. No system to supply water for human consumption shall be constructed or installed except after application setting forth the plan of the proposed system is made to the director. If the director finds that the installation and maintenance of such system in no way endangers the purity of the water supply of the city and is satisfied as to the purity of the water to be supplied through such private system, then after approval of the plan or construction of such system by the water department, he/she shall grant a permit. If the water supply for such system is found to be pure or if it is found that the construction and maintenance of any such system in no way endangers the purity of the water supply of the city and is satisfied as to the purity of the water being supplied through such private system, he/she shall issue a permit for the continued maintenance of the same.

D. It is unlawful for any person to use or maintain any private water supply system for which a permit to construct or maintain has been refused until conditions causing such refusal have been corrected and a permit for the maintenance thereafter granted.

E. Service from the city’s water supply system to any premises upon which a private water system is used or maintained contrary to the provisions of this chapter may be discontinued.

F. Standby service shall not be furnished to another water utility or to a water user supplying himself from a source other than the city system for a period of more than 12 consecutive months, and the charge shall be according to the appropriate water rates in effect.

G. Furnishing of standby service shall be contingent upon the water user furnishing a type of connection satisfactory to the State Health Department and the director for protecting the city supply from backflow. (Ord. 1252 § 1, 1994. Formerly 13.28.550).

13.32.110 Director of public works interpretation authority.

The director of public works or his/her designee shall have the authority to decide any questions which may arise pertinent to the interpretation and/or the application of the regulations of this chapter. (Ord. 1252 § 1, 1994).

13.32.120 Violation – Penalty.

Any person, firm, or corporation wilfully violating any of the provisions of this chapter shall be guilty of a misdemeanor, and on conviction thereof shall be punished as set forth in Chapter 1.08 MMC. (Ord. 1252 § 1, 1994).

Chapter 13.35
DELINQUENT PENALTY CHARGES ON UTILITY BILLS

Sections:

13.35.010 Determination of delinquency.

13.35.020 Late charge assessed.

13.35.030 Revenue disbursement.

13.35.040 Partial payment disbursement.

13.35.050 Turn-off charge.

13.35.010 Determination of delinquency.

All utility bills are payable upon receipt and are past due after the fifteenth day of the month following billing, or after the first business day following the fifteenth if that date is on a weekend or holiday. (Ord. 1398 § 4, 1999; Ord. 985 § 2, 1985).

13.35.020 Late charge assessed.

All utility bills shall be assessed a late penalty fee of five percent of the balance due if not paid in full by the fifteenth day of the month following billing, or after the first business day following the fifteenth if that date is on a weekend or holiday. Balances of less than $10.00 will not be subject to penalty. (Ord. 1680 § 1, 2006; Ord. 1398 § 5, 1999; Ord. 985 § 2, 1985).

13.35.030 Revenue disbursement.

Each utility shall receive its proportionate share of the delinquent charges. (Ord. 985 § 2, 1985).

13.35.040 Partial payment disbursement.

Partial payments on utility bills shall be applied to the oldest delinquency as follows:

A. Delinquency garbage charges paid (if applicable);

B. Remainder moneys split 60 percent to electric and 40 percent to water utilities; and

C. All service fees and delinquent charges paid in full. (Ord. 1680 § 2, 2006; Ord. 985 § 2, 1985).

13.35.050 Turn-off charge.

A turn-off charge will be assessed upon a utility representative being dispatched from the office to turn off a meter. The account will not be reinstated until all charges are paid in full. (Ord. 1680 § 3, 2006; Ord. 1398 § 6, 1999; Ord. 985 § 2, 1985).

Chapter 13.36
UTILITY BILLING POLICIES AND PROCEDURES

Sections:

13.36.010 Policies and procedures established.

13.36.010 Policies and procedures established.

The following utility billing policies and procedures are hereby established:

A. The utilities shall stay in the property owner’s name, and the city shall bill the owner of the served property for the payment of utility rates and charges specified in this title; however, the owner may have the bills mailed in care of a tenant, or agent with a signed utility update form, but this shall not relieve the owner from liability for utility rates and charges.

B. Accounts are past due after the fifteenth day of the month following billing, or after the first business day following the fifteenth, if that date is on a weekend or holiday.

C. Past due accounts are subject to a penalty equaling five percent per month of the balance due. Balances less than $10.00 will not be subject to penalty.

D. Accounts delinquent 30 days since billing are subject to discontinuance of service.

E. Accounts subject to discontinuance of service will be notified as follows:

1. Utility bill will be mailed out with both the current and the past due amounts within 10 days prior to receiving a shut-off notice.

2. Utility shut-off notices will be mailed 10 days before actual shut-off to allow account holders an opportunity to respond with payment.

3. All past due amounts must be paid prior to shut-off to prevent shut-off.

4. Property owners will be notified of rental accounts with shut-off pending.

5. Past due balances less than $50.00 will not be subject to shut-off.

6. It is the responsibility of all utility account holders to provide current mailing addresses and a business hour phone number to the city.

7. In the event of a disputed account and tender by the owner of the premises of the amount the owner claims to be due before the service is cut off, the right to refuse service to any premises shall not accrue until such suit has been entered by the city and the judgment entered in case.

8. Utility service for residential space heating shall not be terminated between November 15th through March 15th if the customer:

a. Notifies the utility of the inability to pay the bill, including a security deposit. This notice should be provided within five business days of receiving a payment overdue notice unless there are extenuating circumstances. If the customer fails to notify the utility within five business days and service is terminated, the customer can, by paying reconnection charges, if any, and fulfilling the requirements of this section, receive the protections of this chapter;

b. Provides self-certification of household income for the prior 12 months to a grantee of the department of community, trade, and economic development, which administers federally funded energy assistance programs. The grantee shall determine that the household income does not exceed the maximum allowed for eligibility under the state’s plan for low-income energy assistance under 42 U.S.C. 8624 and shall provide a dollar figure that is seven percent of household income. The grantee may verify information in the self-certification;

c. Has applied for home heating assistance from applicable government and private sector organizations and certifies that any assistance received will be applied to the current bill and future utility bills;

d. Has applied for low-income weatherization assistance to the utility or other appropriate agency if such assistance is available for the dwelling;

e. Agrees to a payment plan and agrees to maintain the payment plan. The plan will be designed both to pay the past due bill by the following October 15th and to pay for continued utility service. If the past due bill is not paid by the following October 15th, the customer shall not be eligible for protections under this chapter until the past due bill is paid. The plan shall not require monthly payments in excess of seven percent of the customer’s monthly income plus one-twelfth of any arrearage accrued from the date the application is made and thereafter during November 15th through March 15th. A customer may agree to pay a higher percentage during this period, but shall not be in default unless payment during this period is less than seven percent of monthly income plus one-twelfth of any arrearage accrued from the date application is made and thereafter. If assistance payments are received by the customer subsequent to implementation of the plan, the customer shall contact the utility to reformulate the plan; and

f. Agrees to pay the moneys owed even if he or she moves.

9. With respect to the agreement described in subsection (E)(8) of this section, the city will:

a. Include in any notice that an account is delinquent and that service may be subject to termination, a description of the customer’s duties in this section;

b. Assist the customer in fulfilling the requirements under this section;

c. Transfer an account to a new residence when a customer who has established a plan under this section moves from one residence to another within the same utility service area;

d. Disconnect service if the customer fails to honor the payment program. Utilities may continue to disconnect service for those practices authorized by law other than nonpayment as provided for in this section. Customers who qualify for payment plans under this section who default on their payment plans and are disconnected can be reconnected and maintain the protections afforded under this chapter by paying reconnection charges, if any, and by paying all amounts that would have been due and owing under the terms of the applicable payment plan, absent default, on the date on which service is reconnected; and

e. Advise the customer in writing at the time it disconnects service that it will restore service if the customer contacts the utility and fulfils the other requirements of this section.

F. To reconnect a utility service which has been discontinued:

1. The account holder must pay the full balance due, including both past due and current amounts, plus a dispatch fee.

2. Payments made after shut-off must be made in cash, by money order or by credit card or debit card.

3. Payments must be received before 2:30 p.m. for same day reconnections, and must include a $50.00 dispatch fee. Utility reconnections will be made by close of each business day.

4. For same day connections on payments received after 2:30 p.m. there will be an additional fee of $185.00.

G. As feasible through the city’s billing program, the city will offer a budget billing plan. Under this plan, account holders may opt to have their utility billing averaged at a monthly payment amount, based on the previous year account history. Some account holders may choose this plan to avoid low and high balance spikes throughout the year.

1. An annual adjusting bill under this program would bill the account a higher or a lower amount, based on actual usage during the year.

2. At such adjusting bill cycle, budget plan accounts will be restructured for the ensuing year’s monthly payments, based on the account history for the year just completed.

H. Exemptions.

1. Individual Circumstances. If it is determined by the utility clerk and the finance director that an account has become past due because of circumstances beyond the control of the account holder, a time payment plan on the past due amount may be arranged, with one percent per month interest charged on past due amounts.

2. Payments received insufficient to cover both current balances and the scheduled payment on past due amounts shall be credited first to the older balance.

I. Utility services, enforcement of lien, limitations on terminations of service for residential heating is subject to RCW 35.21.300. (Ord. 1680 § 4, 2006; Ord. 1590 § 1, 2003; Ord. 1476 § 1, 2001; Ord. 1398 § 1, 1999).

Chapter 13.40
CONNECTION FEES AND PERMIT CHARGES

(Repealed by Ord. 1690)

Chapter 13.42
SCHOOL IMPACT FEES*

Sections:

13.42.010 Authority.

13.42.020 Definitions.

13.42.030 Applicability.

13.42.040 School district capital facilities plan.

13.42.050 Determination of impact fee schedules.

13.42.060 Determination and collection of impact fees.

13.42.070 Adjustments, credits and appeals.

13.42.080 Impact fee accounts and refunds.

* Code reviser’s note: Attachment A to Ordinance 1314, adopted by reference and referred to throughout this chapter, is available in the office of the city clerk.

13.42.010 Authority.

This chapter is authorized under RCW 82.02.050 through 82.02.090 and is intended to be liberally construed to allow the development of a school impact fee program in compliance with those provisions. (Ord. 1314 § 1, 1996).

13.42.020 Definitions.

For purposes of this chapter, the following definitions apply:

1. “Boeckh index” means the area cost allowance for school construction determined under WAC 180-27-060.

2. “Capacity” means the number of students a school district’s facilities can accommodate district-wide at each grade span, based on the district’s standard of service, as determined by the school district.

3. “Capital facilities plan” means the Fife School District’s facilities plan adopted by the school board May 28, 1996. The plan contains:

A. An inventory of existing school facilities, showing the locations and capacities;

B. A forecast of future needs for school facilities based on the district’s enrollment projections;

C. The long-range construction and capital improvement projects planned by the district;

D. The schools under construction or expansion;

E. The proposed locations and capacities of expanded or new school facilities;

F. At least a six-year financing plan component, updated as necessary to maintain at least a six-year forecast period, for financing needed school facilities within projected funding levels, and identifying sources of financing for such purposes, including current tax levies for bond issues and current capital tax levies for construction and projected tax levies for these purposes;

G. Any other long-range projects planned by the district; and

H. All information required by Attachment A to the ordinance codified in this chapter necessary to calculate the monetary amount of a school impact fee. Attachment A to Ordinance No. 1314 is adopted by reference as though set forth in full. This information shall include for each grade span the district’s current student factor for single-family residences and multifamily residences; site cost per student; construction cost per student; temporary facility cost per student; state matching credit; and tax payment credit. The plan shall also calculate an impact fee under the formula set forth in Attachment A for both single-family and multifamily residences.

4. “City capital facilities plan element” means that portion of the city’s comprehensive land use plan containing the information required under state law. The city’s comprehensive plan incorporates by reference the Fife School District capital facilities plan. See at pages V-23 and V-24 “Schools” especially at “Financing school facilities.”

5. “Classrooms” means educational facilities of the district required to house students for its basic educational program. The classrooms are those facilities the district determines are necessary to best serve its student population. Specialized facilities identified by the district, including but not limited to gymnasiums, cafeterias, libraries, administrative offices, special education classrooms not suitable for general use because of design or equipment needs, and child care centers, shall not be counted as classrooms.

6. “Collection” means the payment and receipt of the impact fee.

7. “Construction cost per student” means the estimated cost of construction of a permanent school facility in the district for the grade span of school to be provided, as a function of the district’s design standard per grade span and taking into account the requirements of students with special needs. The district shall establish construction costs based upon the district’s experience with comparable projects, adjusted for inflation, or the cost of similar projects in other districts.

8. “Department” means the city’s public works department.

9. “Design standard” means the space required, by grade span and taking into account the requirements of students with special needs, which is needed to fulfill the educational goals of the school district as identified in the district’s capital facilities plan.

10. “Developer” means the person or entity submitting an application for any development activity subject to the determination or collection of a school impact fee.

11. “Development activity” means any residential construction or expansion of a building, structure or use, any change in use of a building or structure, or any change in the use of land that creates an additional dwelling unit, and which requires issuance of a building permit.

12. “Discount factor” means a percentage reduction of the unfunded fiscal need to provide school facilities to house new students in the formula set forth in Attachment A.

13. “Dwelling unit” means a dwelling unit as defined by MMC 17.08.260 through 17.08.290.

14. “Facilities credit” means the value of any site, school facilities, or monetary compensation the district has agreed to accept as an off-set against a school impact fee from a developer regarding the development activity.

15. “Grade span” means the categories into which a district groups its grades of students; i.e., elementary, middle or junior high school, and high school.

16. “Multifamily residence” means group dwellings, two-family dwellings and multiple-family dwellings as defined by MMC 17.08.260 and 17.08.280.

17. “Permanent facilities” means facilities of the district with a fixed foundation that are not relocatable facilities.

18. “Relocatable or temporary facilities” means any factory-built structure, transportable in one or more sections that is designed to be used as an education space and is needed to prevent the overbuilding of school facilities, to meet the needs of service areas within the district, or to cover the gap between the time that families move into new residential developments and the date that construction is completed on permanent school facilities.

19. “Relocatable or temporary facilities cost per student” means the estimated cost of purchasing and siting a relocatable facility in the district for the grade span of school to be provided, as a function of the district’s design standard per grade span and taking into account the requirements of students with special needs.

20. “School district” or “district” means Fife School District 417.

21. “Single-family residence” means a one-family dwelling as defined by MMC 17.08.270.

22. “Site cost per student” means the estimated cost of a site in the district for the grade span of school to be provided as a function of the district’s design standard per grade span and taking into account the requirements of students with special needs. The district shall determine site costs based on past experience or the acquisition costs for similar sites in comparable school districts.

23. “SPI square footage per student” means the standard adopted by the district that identifies the program year, the class size by grade span, and taking into account the requirements of students with special needs, the number of classrooms presently available, the types of facilities the district believes will best serve its student population, the student population for new school facilities per grade span, and other factors as identified by the school district. Unless the district adopts by board resolution a standard of service that specifically deems all or any portion of its relocatable facilities to be permanent facilities, the district’s standard of service shall not include any classrooms or other educational facilities housed in relocatable facilities or in transitional facilities. Except as otherwise defined by the school board pursuant to a board resolution, transitional facilities shall mean those facilities, including relocatable facilities or leased space, that are used to cover the time required for the construction of permanent facilities called for in the capital facilities plan.

24. “State match percentage” means the percentage of school construction costs for which the district is eligible to receive state funding pursuant to RCW 28A.525.166 and the rules of the State Board of Education.

25. “State matching credit” means the calculation set forth in Attachment A of the district’s Boeckh index times SPI square footage per student per grade span times state match percentage times applicable student factor.

26. “Student factor” means the number derived by the school district to describe how many students of each grade span are expected to be generated by development activity. Student factors shall be based on district records of average actual student generated rates for new developments constructed over a period of not more than five years prior to the date of the fee calculation; provided, that if such information is not available in the district, the district may use data from adjacent districts, districts with similar demographics, or county-wide averages may be used. Student factors shall be separately determined for single-family residences and dwelling units within multifamily residences.

27. “Tax payment credit or TC” means the calculation, set forth in Attachment A, of the district’s average real property tax determined value for single-family residences or multifamily residences times the district’s capital property tax rate as adjusted by the current interest rate for any bonds being retired by a capital tax and the number of years each capital levy tax shall be imposed, up to 10 years. The district’s capital tax rate consists of authorized tax levies to retire bonded indebtedness incurred for school district capital purposes under Chapter 28A.530 RCW and school facility levies for construction, remodeling and modernization under RCW 84.52.053. (Ord. 1314 § 1, 1996).

13.42.030 Applicability.

A. This chapter establishes the framework for developing and conducting a school impact fee program, including the formula under which the dollar amount of school impact fees shall be determined. Before the school impact fee program is implemented, the following shall occur:

1. City adoption of a capital facilities plan element relating to school facilities based upon the school district capital facilities plan adopted by the district. See adoption by reference at MMC 13.42.040.

2. City approval of an interlocal agreement between the city the participating district, providing for:

a. The procedure for collecting school impact fees;

b. The accounting of fee collections and expenditures;

c. The respective duties of the district and the city for the defense and liabilities involved in any legal actions relating to the school impact fee program;

d. The funding of the administrative costs of the school impact fee program; and

e. Any other necessary or appropriate topic involving the respective duties and liabilities of the district and city relating to the school impact fee program.

B. This chapter shall apply to all forms of residential development activity requiring city review or approval that create new residential building lots or new dwelling units; provided, however, the following development activity is excluded from this chapter on the grounds it does not create an impact on school facilities:

1. Any dwelling unit subject to restrictions that may be legally enforced by a private party or governmental entity limiting occupants exclusively to elderly residents or other populations that do not include children of the ages five to 21 years old, including nursing homes and retirement centers, and facilities defined as transient accommodations, such as hotels or motels, under Chapter 70.62 RCW and WAC 248-144-020(26); provided, however, this exclusion ceases if the housing is later converted to use as a single-family or multifamily residence not subject to such restrictions;

2. Reconstruction or remodeling of existing single-family or multifamily residences that do not result in additional dwelling units; or

3. Building permit applications for mobile or manufactured homes sited on a lot that:

a. Prior to the effective date of the implementing fee ordinance, a mobile home, manufactured home, or other single-family residence existed; provided, however, the siting of the home replaces the former residence and does not increase the number of dwelling units; or

b. Has previously been determined to require and paid a school impact fee. (Ord. 1314 § 1, 1996).

13.42.040 School district capital facilities plan.

A. For purposes of this chapter, the Fife School District 417 “Capital Facilities Plan” adopted May 28, 1996, is adopted by reference as though set forth herein in full.

B. On at least an annual basis, the city shall review the school district’s capital facilities plan for the purpose of considering revisions to the capital facilities plan element of the city’s comprehensive plan to insure that the plan element and fee schedules reflect current conditions. (Ord. 1314 § 1, 1996).

13.42.050 Determination of impact fee schedules.

The impact fee schedule shall be calculated and imposed based upon the formula set forth in Attachment A to the ordinance codified in this section, which by this reference is incorporated herein. The formula set forth in Attachment A is the city’s determination of the appropriate proportionate share of the costs of public school facilities needed to serve new growth and development to be funded by school impact fees. A separate fee shall be calculated for single-family residences and for multifamily residences based on the number of dwelling units therein. (Ord. 1314 § 1, 1996).

13.42.060 Determination and collection of impact fees.

A. The department shall determine and collect impact fees as follows:

1. School impact fees shall be paid directly from the developer to the school district. Upon receipt of impact fees, the school district shall issue the developer a receipt identifying the amount of impact fees paid and the development project for which the fees are paid. The city of Milton shall not issue any building permit until it receives a receipt from the school district establishing that any required school impact fees have been paid to the district. It shall be the responsibility of the developer to ensure that the city receives a copy of the receipt.

2. The current impact fee amounts for Fife School District No. 417 are:

Single-Family Resident: $2,134.35

Multifamily Residential Unit: $1,248.98

B. The department shall not issue a building permit for any development activity until any applicable school impact fee is paid.

C. Notwithstanding subsection A of this section, this chapter is not intended to preclude the city from regulating development activity under other city ordinances, such as zoning ordinances and land use policies, environmental regulations, or subdivision ordinances, or Chapter 58.17 RCW, on the grounds that the development activity fails to make adequate provisions for schools or school grounds or has a significant adverse impact on public education; provided, however, that pursuant to Chapter 219 of the 1992 Washington Laws, no person shall be required to pay a fee under such regulations to pay the costs of school district system improvements funded, in part, by impact fees imposed under this chapter. (Ord. 1694 § 1, 2007; Ord. 1518 § 1, 2002; Ord. 1314 § 1, 1996).

13.42.070 Adjustments, credits and appeals.

A. If development activity is granted approval by the city subject to a condition that

the developer provide a school site or facility acceptable to the district, or the district and developer agree in writing to an impact fee credit for monetary or other contributions to the district, the developer shall be entitled to a facilities credit against the fee imposed under the formula provided by this chapter. The credit shall be allocated on a pro rata basis to the lots or projects in the proposed development activity. The cost of construction or value of the developer’s contribution shall be established at the time of city approval or in the written agreement between the developer and the district.

B. A developer shall receive a facilities credit against the impact fee for the amount of any payment made to the school district pursuant to a voluntary agreement for the development activity or lot in question executed or imposed prior to the effective date of an implementing fee ordinance; provided, however, the impact fee shall be adjusted to the amount specified in any such voluntary agreement and the fee satisfied by the credit provided herein if the agreement provided that the district would accept the payments under it in lieu of any fee imposed under a subsequently enacted impact fee ordinance; and provided further, no impact fee or portion thereof shall be imposed if it would violate Chapter 219 of the 1992 Washington Laws.

C. School impact fees may be adjusted by the city in the interest of fairness pursuant to RCW 82.02.060(4) and 82.02.070(5), subject to the appeal rights set forth in subsection F of this section, if one or more of the following circumstances exist:

1. The developer demonstrates that the fee determination was incorrectly calculated;

2. Unusual circumstances unique to the property or nature of the development identified by the developer demonstrate that if the standard impact fee amount was applied to the development, it would be unfair because the development activity will not create an impact on the need for additional school facilities to the extent calculated by the impact fee formula; or

3. Studies or other data submitted for the particular development activity demonstrate that adjustment of any of the fee calculation factors set forth in Attachment A is necessary because the data used in the formula may not be appropriately applied to the development activity under review.

Any developer seeking a reduction of the impact fee must demonstrate the need for such an adjustment by a preponderance of the evidence. No fee adjustment shall be granted based on circumstances personal to the developer seeking the adjustment or on the grounds of financial hardship.

D. A request for a fee adjustment or credit shall be submitted to the department within 30 days from the filing of the application or event that triggers the determination of the impact fee. The department shall notify the district of any request for an adjustment or credit and the district shall be entitled to submit a response to the request. The department shall make an administrative determination on the adjustment request and serve it upon the developer and district.

E. The developer or the district may appeal the department’s determination concerning a request for an adjustment or credit in the course of any subsequent proceeding before the hearing examiner concerning the underlying application for the development activity; provided, however, that the determination is served on the developer and district not less than 10 working days before the hearing date. If the determination is not served within this time, or if no hearing examiner proceeding is otherwise available for the development activity, the developer or the district may submit an appeal to the hearing examiner within 30 days from service of the determination using the appeal procedure for variances (with the exception that notices to surrounding owners and other provisions inapplicable to the fee dispute shall not apply).

F. Impact fees may be paid under protest pending a developer appeal. The district may also appeal, and the developer may proceed upon payment of the disputed determination; provided, however, if a fee is paid pending an appeal, the development activity authorized under the approval or permit is conditional upon the final resolution of the appeal. (Ord. 1314 § 1, 1996).

13.42.080 Impact fee accounts and refunds.

A. Impact fee receipts shall be earmarked specifically and forwarded to the district to be retained in a special interest-bearing account established for the district’s school impact fees. All interest shall be retained in the account and expended for the purpose or purposes identified in subsection B of this section.

B. Impact fees for the district’s system improvements shall be expended by the district for capital improvements including but not limited to school planning, land acquisition, site improvements, necessary off-site improvements, construction, engineering, architectural, permitting, financing, and administrative expenses, relocatable facilities, capital equipment pertaining to educational facilities, and any other expenses which could be capitalized, and which are consistent with the school district’s capital facilities plan.

C. In the event that bonds or similar debt instruments are issued for the advanced provision of capital facilities for which impact fees may be expended and where consistent with the provisions of bond covenants, impact fees may be used to pay debt service on such bonds or similar debt instruments to the extent that the facilities or improvements provided are consistent with the requirements of this section.

D. Impact fees shall be expended or encumbered by the district for a permissible use within six years of receipt by the city, unless there exists an extraordinary and compelling reason for fees to be held longer than six years. Such extraordinary or compelling reasons shall be identified to the city by the district. The city must prepare written findings concurring with the district’s reasons, and authorizing the later encumbrance or expenditure of the fees prior to the district so encumbering or expending the funds, or directing a refund of the fees.

E. The current owner of the property on which an impact fee has been paid may receive a refund of such fees if the impact fees have not been expended or encumbered within six years of receipt of the funds by the city. In determining whether impact fees have been encumbered, impact fees shall be considered encumbered on a first-in, first-out basis. The city shall notify potential claimants by first class mail deposited with the United States Postal Service addressed to the owner of the property as shown in the city tax records.

F. An owner’s request for a refund must be submitted to the city in writing within one year of the date the right to claim the refund arises or the date that notice is given, whichever date is later. Any impact fees that are not expended or encumbered within these time limitations, and for which no application for a refund has been made within this one-year period, shall be retained and expended consistent with the provisions of this section. Refunds of the impact fees shall include any interest earned on the impact fees.

G. Should the city seek to terminate any or all school impact fee requirements, all unexpended or unencumbered funds, including interest earned, shall be refunded to the current owner of the property for which a school impact fee was paid. Upon the finding that any or all fee requirements are to be terminated, the city shall place notice of such termination and the availability of refunds in a newspaper of general circulation at least two times and shall notify all potential claimants by first class mail addressed to the owner of the property as shown in the county tax records. All funds available for refund shall be retained for a period of one year. At the end of one year, any remaining funds shall be retained by the city, but must be expended for the district, consistent with the provisions of this section and the interlocal agreement. The notice requirement set forth above shall not apply if there are no unexpended or unencumbered balances within the account or accounts being terminated.

H. Interest due upon the refund of impact fees required by this section shall be calculated according to the average rate received by the district on invested funds throughout the period during which the fees were retained. (Ord. 1314 § 1, 1996).

Chapter 13.43
CONSULTANT FEES

(Repealed by Ord. 1690)

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Footnotes

¹Prior legislation: Ord. 329.

²Code reviser’s note: The terms “garbage” and “refuse” are synonymous with “solid waste.”

³These time limits are based upon the average time between storm events for the two periods based upon SeaTac rainfall. These time limits may be adjusted by a local government if it can document different average times between storm events. Adjustments are subject to review and approval by Ecology.

⁴Prior legislation: Ord. 162.

⁵Code reviser’s note: Ch. 13.32 MMC was repealed by Ord. 981.

⁶See MMC 13.32.100.