Title 13
PUBLIC SERVICES¹

Chapters:

13.04 Definitions

13.08 Water

13.10 Regulation of Fire Hydrants and Water Mains

13.12 Sewers

13.14 Side Sewer Storm and Surface Water Infiltration and Inflow Reduction Program

13.16 Regulations and Penalties Applicable to Both Sewer and Water Service

13.18 Main Extensions

13.20 Backflow Prevention

13.24 Storm and Surface Waters

13.28 Solid Waste Management

13.32 Utility Extension and Latecomer Reimbursement Agreements

Chapter 13.04
DEFINITIONS

Sections:

13.04.005 Binding commitment for a limited reservation of water or sewer system capacity.

13.04.007 Binding commitment for an unlimited reservation of water or sewer system capacity.

13.04.010 Biochemical oxygen demand (BOD).

13.04.020 Repealed.

13.04.030 Repealed.

13.04.040 City sewer system.

13.04.050 City water system.

13.04.055 Combined disposable income.

13.04.060 Compatible pollutant.

13.04.070 Discharge to city sewerage system.

13.04.080 EPA.

13.04.090 Fixtures.

13.04.100 FWPCA.

13.04.110 Incompatible pollutant.

13.04.120 Industrial cost recovery.

13.04.130 Industrial cost recovery period.

13.04.140 Industrial user.

13.04.150 Local public agency.

13.04.160 Low income senior citizen.

13.04.170 Maintenance supervisor.

13.04.173 Maximum rate of intermittent water flow.

13.04.175 Maximum rate of continuous water flow.

13.04.177 Nonbinding commitment for water or sewer system capacity.

13.04.180 Repealed.

13.04.190 pH.

13.04.200 Pretreatment.

13.04.210 Private sewer.

13.04.220 Prohibited substance.

13.04.230 Public sewer.

13.04.240 Restricted substance or characteristic.

13.04.250 Sewer.

13.04.260 Shall and may.

13.04.270 Side sewer.

13.04.280 Significant industrial user.

13.04.290 Standards.

13.04.300 Suspended solids.

13.04.310 Waste discharge.

13.04.320 Waste discharge permit.

13.04.330 Waste discharge permit holder.

13.04.340 Treatment works.

13.04.005 Binding commitment for a limited reservation of water or sewer system capacity.

A “binding commitment for a limited reservation of water or sewer system capacity” means that, upon the payment of a system participation fee deposit pursuant to BIMC 13.16.040, the city shall reserve water or sewer system capacity, and shall allow connection to the city’s water or sewer system, for a period not to exceed four years from the issuance date of an approved binding commitment letter. (Ord. 2006-06 § 1, 2006)

13.04.007 Binding commitment for an unlimited reservation of water or sewer system capacity.

A “binding commitment for an unlimited reservation of water or sewer system capacity” means that, upon the payment of all applicable system participation fees and charges set forth in BIMC 13.16.040, the city shall reserve water or sewer system capacity, and shall allow connection to the city’s water or sewer system, in perpetuity. (Ord. 2006-06 § 2, 2006)

13.04.010 Biochemical oxygen demand (BOD).

“Biochemical oxygen demand,” or abbreviation thereof as “BOD,” means the quantity of oxygen utilized in the biochemical oxidation of organic matter, as described in the American Public Health Association Publication, “Standard Methods for the Examination of Water and Wastewaters.” (Ord. 82-20 § A(25), 1982)

13.04.020 City.

Repealed by Ord. 2003-22. (Ord. 82-20 § A(1), 1982)

13.04.030 City engineer.

Repealed by Ord. 2003-22. (Ord. 82-20 § A(2), 1982)

13.04.040 City sewer system.

“Sewer system,” “city sewerage system” or “city system” means all or any part of the sewerage facilities acquired, constructed, or used by the city. (Ord. 82-20 § A(10), 1982)

13.04.050 City water system.

“City water system” means all or any part of any water facilities, acquired, constructed, or used by the city. (Ord. 94-29 § 9, 1995; Ord. 82-20 § A(11), 1982)

13.04.055 Combined disposable income.

“Combined disposable income” means a person’s disposable income, as defined in RCW 84.36.383(6), as amended, plus the disposable income of the person’s spouse and of each cotenant occupying the person’s residence. (Ord. 92-26 § 1, 1992)

13.04.060 Compatible pollutant.

“Compatible pollutant” means biochemical oxygen demand, suspended solids, pH, and fecal coliform bacteria, plus additional pollutants identified in an NPDES permit if the publicly owned treatment works is designed to treat such pollutants, and in fact does remove such pollutants to a substantial degree. The term “substantial degree” is not subject to precise definition, but generally means contemplated removals in the order of 80 percent or greater. Examples of the additional pollutants which may be considered compatible include:

A. Chemical oxygen demand;

B. Total organic carbon;

C. Phosphorus and phosphorus compounds;

D. Nitrogen and nitrogen compounds;

E. Fats, oils and greases of animal or vegetable origin, except as prohibited where these materials would interfere with the operation of the publicly owned treatment works. (Ord. 82-20 § A(30), 1982)

13.04.070 Discharge to city sewerage system.

“Discharge to city sewerage system” means any discharge which enters a private side sewer and/or public sewer which is a tributary to the city system and the discharge shall be considered a discharge to the system whether or not specifically identifiable in effluent reaching the municipality’s facilities. (Ord. 82-20 § A(32), 1982)

13.04.080 EPA.

“EPA” means the Federal Environmental Protection Agency. (Ord. 82-20 § A(4), 1982)

13.04.090 Fixtures.

“Fixtures” includes all Uniform Plumbing Code defined fixtures, except water heaters, floor drains used for emergency overflow only, and extra fixtures attached to existing or regular fixtures such as showers over tubs and hose attachments on sinks. (Ord. 82-20 § A(16), 1982)

13.04.100 FWPCA.

“FWPCA” means the Federal Water Pollution Control Act (33 U.S.C. 1163). (Ord. 82-20 § A(5), 1982)

13.04.110 Incompatible pollutant.

“Incompatible pollutant” means any pollutant which is not a compatible pollutant as defined in “compatible pollutant.” (Ord. 82-20 § A(31), 1982)

13.04.120 Industrial cost recovery.

“Industrial cost recovery” means the recovery from the users of a treatment works, as defined by federal law and regulations, of the federal grant amount allocable to the treatment of wastes from such users. (Ord. 82-20 § A(33), 1982)

13.04.130 Industrial cost recovery period.

“Industrial cost recovery period” means the period during which the federal grant amount allocable to the treatment of waste from industrial users is recovered from the industrial users of a treatment works as defined by federal law or regulations; this period shall be 30 years or the useful life of the treatment works, whichever is less. (Ord. 82-20 § A(34), 1982)

13.04.140 Industrial user.

“Industrial user,” for the purposes of industrial cost recovery, means any nongovernmental user of publicly owned treatment works as defined by federal regulations, identified in the “Standard Industrial Classification Manual,” latest edition, Federal Office of Management and Budget, as amended, and supplemented under such categories and such other classes of significant waste producers as are established by regulations of the Federal Environmental Protection Agency for the purpose of industrial cost recovery. (Ord. 82-20 § A(22), 1982)

13.04.150 Local public agency.

“Local public agency” means any legally constituted city, town, county, special district or other public agency under whose jurisdiction local sewerage facilities may be constructed or operated. (Ord. 82-20 § A(9), 1982)

13.04.160 Low income senior citizen.

“Low income senior citizen” means a person who is 62 years of age or older and who has a combined disposable income in an amount which would entitle the person to the exemption from all excess state property taxes set forth in RCW 84.36.381(5)(a), as amended. (Ord. 92-26 § 2, 1992: Ord. 82-20 § A(8), 1982)

13.04.170 Maintenance supervisor.

“Maintenance supervisor” means the duly appointed maintenance supervisor of the city, his employee or authorized deputy. (Ord. 82-20 § A(3), 1982)

13.04.173 Maximum rate of intermittent water flow.

“Maximum rate of intermittent water flow” means the maximum rate of flow at which water should be passed through a city water meter for short, intermittent periods as established by the water meter manufacturer’s published maximum intermittent flow rate. (Ord. 2006-06 § 3, 2006)

13.04.175 Maximum rate of continuous water flow.

“Maximum rate of continuous water flow” means the maximum rate of flow at which water should be passed through a city water meter for continuous operation as established by the American Water Works Association or by the meter manufacturer’s published maximum continuous flow rate. (Ord. 2006-06 § 4, 2006)

13.04.177 Nonbinding commitment for water or sewer system capacity.

A “nonbinding commitment for water or sewer system capacity” means the city currently has available water or sewer system capacity but does not guarantee the future availability of water or sewer system capacity. (Ord. 2006-06 § 5, 2006)

13.04.180 Person.

Repealed by Ord. 2003-22. (Ord. 82-20 § A(6), 1982)

13.04.190 pH.

“pH” means the reciprocal of the logarithm of the hydrogen ion concentration. The concentration is the weight of hydrogen ions in moles per liter of solution. Neutral water, for example, has a pH of 7 and a hydrogen ion concentration of 10-7. (Ord. 82-20 § A(27), 1982)

13.04.200 Pretreatment.

“Pretreatment” means the private treatment of wastewaters from sources before introduction into the city sewerage system and public sewers tributary thereto. (Ord. 82-20 § A(24), 1982)

13.04.210 Private sewer.

“Private sewer” means a sewer, or combined sewer, exclusive of side sewers, which is not owned or operated by the city. (Ord. 82-20 § A(15), 1982)

13.04.220 Prohibited substance.

“Prohibited substance” means any liquid, solid, or vapor which shall not be discharged into the metropolitan sewerage system or sewers tributary thereto at any time or under any condition. (Ord. 82-20 § A(28), 1982)

13.04.230 Public sewer.

“Public sewer” means a sewer or combined sewer, exclusive of side sewers, owned or operated, or to be owned or operated, by the city. (Ord. 82-20 § A(14), 1982)

13.04.240 Restricted substance or characteristic.

“Restricted substance or characteristic” means any industrial waste which may be discharged into the city sewerage system or sewers tributary thereto in the manner prescribed in Chapter 13.12 BIMC or as prescribed by the engineer. (Ord. 82-20 §A(29), 1982)

13.04.250 Sewer.

“Sewer” means a conduit designed or used to transport wastewater and to which storm water, surface water and groundwater are not intentionally admitted. (Ord. 82-20 § A(13), 1982)

13.04.260 Shall and may.

“Shall” is mandatory. “May” is permissive. (Ord. 82-20 § A(7), 1982)

13.04.270 Side sewer.

“Side sewer” means a conduit extending from the plumbing system of a building or buildings to and connecting with a public or a private sewer. (Ord. 82-20 § A(17), 1982)

13.04.280 Significant industrial user.

“Significant industrial user” means an industrial user that contributes greater than five percent of the design flow or design pollutant loading of a particular treatment works as defined by federal regulations, or greater than 25,000 gallons per day, or discharges wastes containing toxic pollutants. (Ord. 82-20 § A(23), 1982)

13.04.290 Standards.

“Standards” means limitations and requirements established by federal and state laws and regulations for discharges to the city sewerage system. (Ord. 82-20 § A(18), 1982)

13.04.300 Suspended solids.

“Suspended solids” means total suspended matter that either floats on the surface of, or is in suspension in, water or wastewater and that is removable by laboratory filtering as described in “Standard Methods for the Examination of Water and Wastewaters,” current edition, or “Guidelines Establishing Test Procedures for the Analysis of Pollutants,” contained in 40 CFR Part 136, as published in the Federal Register, and referred to as nonfilterable residue. (Ord. 82-20 A(26), 1982)

13.04.310 Waste discharge.

“Waste discharge” or “discharge” means the act of discharging or depositing wastes, other than sanitary wastewater, into a public sewer, private sewer or side sewer tributary to the metropolitan sewerage system. (Ord. 82-20 § A(19), 1982)

13.04.320 Waste discharge permit.

“Waste discharge permit” or “permit” means a permit issued pursuant to BIMC 13.12.120 through 13.12.290 for the discharge of waste into a public sewer, private sewer or side sewer tributary to the city sewerage system. Such permits may be granted for a specified period of time up to two years. (Ord. 82-20 § A(20), 1982)

13.04.330 Waste discharge permit holder.

“Waste discharge permit holder” means any person to whom the city shall have issued a waste discharge permit. (Ord. 82-20 § A(21), 1982)

13.04.340 Treatment works.

“Treatment works” means any facility, method or system acquired, constructed or used by the city for the storage, treatment, recycling, or reclamation of sewage or industrial wastes of a liquid nature, including waste from combined sewers. (Ord. 82-20 § A(12), 1982)

Chapter 13.08
WATER

Sections:

13.08.010 Use procedures.

13.08.020 Rates.

13.08.030 Connection procedure.

13.08.040 Meters required.

13.08.050 Application requirements.

13.08.060 Emergency shut off.

13.08.070 Temporary shut off.

13.08.080 Shut off for nonpayment of bills.

13.08.090 Damage resulting from shut off.

13.08.100 Obstruction of water meters and fire hydrants.

13.08.110 Use of fire hydrants.

13.08.120 Satellite system management agreements.

13.08.010 Use procedures.

Whenever the owner or occupant of any premises connected with the city’s water supply system desires to use water, he shall notify the city and request that water be turned on at the premises. (Ord. 97-36 § 2, 1997; Ord. 82-20 § B(1), 1982)

13.08.020 Rates.

The monthly rates and charges for city and county water users shall be set forth under Section E of Ordinance 82-20, as amended, on file in the office of the city clerk. (Ord. 82-20 § B(2), 1982)

13.08.030 Connection procedure.

A. If the premises abuts an existing water main, the city will make the service connection at a location mutually agreed by the owner and the city. The service connection shall include the connection to the main, a stop valve, service pipe, and a meter setter. The meter setter will be in a meter box located generally near the edge of the public right-of-way, close to the connection to the water main. The service connection fittings will be within the control and maintenance responsibility of the city. The owner shall provide the continuation of the service pipe from the meter setter to the premises, which shall be in his control and maintenance responsibility.

B. If the premises does not abut an existing water main, the owner shall arrange a mutually acceptable service connection and service pipe route with the department of public works and adjacent property owners for passage of his service pipe. If extension of an existing water main is required, the owner shall contract with the city or a licensed bonded contractor to have the extension constructed. The owner shall be required to enter into a developer agreement with the city for such main extension. Any and all extensions four inches or greater to the city water main system shall be constructed using ductile iron pipe, class 50 or better. If the city constructs the extension, the owner shall pay the actual cost of the extension plus 25 percent for the city’s engineering, inspection, and overhead. The service connection shall be installed as described above, and its installation shall be separate from any water main extension contract. Every house supplied with city water must have its own separate service connection with the city main, and the premises so supplied will not be allowed to supply water to any other premises; provided, that such restriction shall not apply to services already installed except as herein provided, unless, in the judgment of the city for the good of the service or to settle disputes, it is found necessary to enforce such provisions as to connections already made. (Ord. 94-29 § 11, 1995; Ord. 82-20 § B(3), 1982)

13.08.040 Meters required.

A. All connections to the city’s water system, other than for fire protection, shall be metered by a city water meter of one of the types approved by the city.

B. When more than one building, duplex, mobile home or separate dwelling is connected to one meter, each such building, duplex, mobile home or separate dwelling must be provided with separate shutoff valves in good working order, so that such unit may be shut off without disturbing service to the remaining units. Every such separate unit not already equipped with the shutoff valve as provided in this subsection must be so equipped at the owner’s expense as soon as the defect is known or found to exist.

C. No water meter shall be removed or in any way disturbed except by an authorized representative of the city.

D. All meters shall be and remain the property of the city and shall be removed only by the city when the use of water on the premises is to be entirely stopped or the service connection discontinued or abandoned.

E. On and after March 1, 1999, a person applying to connect to the city’s water system or to change his or her use of the city’s water system shall provide a separate city water meter for each separate category of use.

F. A person applying to connect to the city’s water system or to change his or her use of the city’s water system may connect more than one building, place of business, duplex, mobile home or separate dwelling to one city water meter; provided, that all buildings, duplexes, mobile homes or separate dwellings connected to one city water meter shall have one owner or owner’s association who shall be legally responsible for the payment of the corresponding city utility water bills. A change in ownership or owner’s association which would result in property owned by more than one owner or owner’s association being connected to a single city water meter shall require the installation of additional city water meters pursuant to the requirements of this chapter.

G. A city water meter shall be sized to provide for a maximum rate of continuous water flow that is less than the water meter manufacturer’s published maximum continuous flow rate and that is less than the maximum flow rate as established by the American Water Works Association. A city water meter shall be sized to provide for a maximum rate of intermittent water flow that is less than the water meter manufacturer’s published maximum intermittent flow rate.

H. A person whose property is connected to the city’s water system shall apply for city approval to install a larger city water meter or to install additional city water meters when a condition is known or reasonably anticipated that will cause the maximum rate of continuous water flow to be greater than the water meter manufacturer’s published maximum continuous flow rate or the maximum flow rate established by the American Water Works Association, or will cause the maximum rate of intermittent water flow to be greater than the water meter manufacturer’s published maximum intermittent flow rate.

I. A person whose property was connected to the city’s water system on or before February 28, 2003, and has a single line serving both a required fire sprinkler system and domestic needs may, at that person’s option and expense, install a double-check backflow prevention device and thereafter pay monthly charges based on the size of the line serving only that person’s domestic needs. (Ord. 2006-09 § 1, 2006: Ord. 2003-14 § 1, 2003: Ord. 99-20 § 1, 1999; Ord. 98-24 § 1, 1999; Ord. 82-20 § B(4), 1982)

13.08.050 Application requirements.

A. The owner of property within the city’s water service area as identified in the city’s comprehensive plan requiring water service shall not be allowed to install a well if the distance from the property to an existing water main, with capacity to serve the property, is 300 feet or less. The distance shall be measured as a straight-line distance from the end of the main to the nearest corner or edge of the property to be served. The owner of the property shall apply to the city for water service, extend the water main, install hydrants and connect the property to the city’s water system in accordance with this title. In addition, the owner of property containing a building or structure for human occupancy or other use necessitating water service, which is within the city’s water service area and which is located within 300 feet of a water main, and whose water supply has been certified by the local health officer to be a health hazard, shall apply to the city for water service, extend the water main, install hydrants, and connect the property to the city’s utility system in accordance with this chapter.

B. Within the city’s water service area, an owner of property requesting water service shall be required to extend an existing water main with capacity to serve the property if:

1. The distance from the property to the main is 300 feet or less in all cases.

2. The distance from a plat or PUD to the main is greater than 300 feet where water is available for firefighting in accordance with Resolution 98-34, as amended.

All water main extensions shall be sized and configured in accordance with the city’s water system plan and the city’s design and construction standards and specifications.

C. A person applying to request city water system capacity availability, to connect to the city’s water system, or to change his or her use of the city’s water system, shall request approval on a printed form to be provided by the city. The application shall contain the subject parcel tax account, owner, agent, application purpose, current or previous site use, and proposed site use information. The applicant shall complete and attach to the application a project summary in the format required by the city, a cross-connection control analysis form to be provided by the city, and a site plan at one-half drawing scale showing proposed water mains and water meters for all applications other than for a change in use that does not require a building permit. Water meter size engineering data for all proposed uses other than for single-family residential shall be attached to the application in the format required by the city. The application shall be signed by the owner of the premises to be served, or the owner’s duly authorized agent, and shall be filed with the city. The applicant shall pay all related application and processing fees and costs, as established by resolution or ordinance of the city council. (Ord. 2006-09 § 2, 2006: Ord. 2002-02 § 1, 2002: Ord. 94-29 § 12, 1995; Ord. 82-20 § B(5), 1982)

13.08.060 Emergency shut off.

Whenever an emergency exists affecting the water supply in the city, which emergency shall be declared by the mayor or in his/her absence the deputy mayor, and it becomes necessary to curtail the use of water through regulation and control thereof, a proclamation shall be issued declaring the emergency and setting forth the rules under which water shall be used. The proclamation shall be published in the official newspaper of the city and copies of the proclamation shall be mailed to each water customer. Such notices and regulations established thereby shall be subject to change and shall be in full force and effect throughout until the emergency has passed. (Ord. 82-20 § B(6)(a), 1982)

13.08.070 Temporary shut off.

Water service may be temporarily discontinued at any time without notice to the customers, for the purpose of making repairs, extensions or any other necessary work, and the city shall not be held responsible for any damage resulting from interruption of service or the failure of the water supply, or failure to give water users notice thereof. Whenever possible, and in cases where it has advance notice thereof, the city shall attempt to notify all customers to be affected by any interruption of service, in the official city newspaper or by a canvass by employees of the city of areas affected. (Ord. 82-20 B(6)(b), 1982)

13.08.080 Shut off for nonpayment of bills.

Water service to customers with delinquent water service accounts may be discontinued until such accounts are paid, but only after notice to the customer that his account is delinquent, which notice shall inform the customer of the city’s intention to discontinue service until the delinquent account is paid and of the city’s procedures whereby customers can contest water service bills, and after affording the customer an opportunity to contest the delinquent account. (Ord. 82-20 § B(6)(c), 1982)

13.08.090 Damage resulting from shut off.

The city shall not be responsible for any damage such as bursting boilers supplied by direct pressure or the breaking of any pipe of fixtures, stoppages or the interruption of water supply or any other damage resulting from the shutting off of water. (Ord. 82-20 §B(6)(d), 1982)

13.08.100 Obstruction of water meters and fire hydrants.

It is unlawful for any person to obstruct the access to any fire hydrant or water meter by placing around or thereon any stone, brick, lumber, dirt, or other material or to park or stand vehicles or any obstruction within 15 feet of any fire hydrant, or draw or attempt to draw any water therefrom, or to wilfully or carelessly injure the same. The responsibility of preventing obstruction or removing any such obstruction shall be that of the abutting property owner. (Ord. 82-20 § B(7), 1982)

13.08.110 Use of fire hydrants.

No persons, other than properly authorized employees of the city or fire department, shall operate fire hydrants unless proper arrangements have been made with the city for payment for such water and permission has been granted by the city. It is unlawful for any person knowingly to use water for lawn or garden sprinkling and irrigation purposes on any premises receiving water from the city water system during the progress of a fire conflagration or other emergency within the city limits. (Ord. 82-20 § B(8), 1982)

13.08.120 Satellite system management agreements.

The city may enter into satellite system management agreements, as described in the city’s water system plan, to provide technical and managerial expertise to small water systems. (Ord. 94-29 § 10, 1995)

Chapter 13.10
REGULATION OF FIRE HYDRANTS AND WATER MAINS

Sections:

13.10.010 Definitions.

13.10.020 Applicability.

13.10.030 Building permits and plats.

13.10.040 Variance.

13.10.045 New installation procedures.

13.10.050 Financial responsibility for water mains.

13.10.060 Location.

13.10.065 Fire flow.

13.10.070 Mains and service lines.

13.10.080 Private hydrants.

13.10.090 Flush-type hydrants.

13.10.100 Repealed.

13.10.110 Repealed.

13.10.120 Surrounding vegetation prohibited.

13.10.130 Occupancy of building.

13.10.140 Unlawful conduct.

13.10.150 Inspection required.

13.10.160 Approval not deemed acceptance.

13.10.170 Penalties.

13.10.010 Definitions.

For the purpose of this chapter certain words and terms used herein are defined as set forth below. Unless the natural construction of the word indicates otherwise, all words used in the present tense include the future tense; all words in the plural include the singular number; and all words in the singular number include the plural number.

A. Repealed by Ord. 2003-22.

B. “Fire chief” is the fire chief of the Bainbridge Island fire department or his authorized agent.

C. “Fire department” means the Bainbridge Island fire department.

D. “Fire flow” means water flow required for fire protection purposes.

E. “Flush-type hydrant” means a hydrant installed entirely below grade.

F. “Private hydrant” means a fire hydrant so situated and maintained on private property to provide water with limitations as to use by the fire and public works department as set forth in BIMC 13.10.080.

G. “Public hydrant” means a fire hydrant so situated and maintained on public right-of-way or public easements to provide water without restriction as to use by the fire and public works departments.

H. “Public works department” means the public works department of the city of Bainbridge Island.

I. “Single-family residential area” is as set forth in BIMC Title 18. (Ord. 2003-22 § 17, 2003; Ord. 85-03 § 1, 1985)

13.10.020 Applicability.

All water mains and fire hydrants hereinafter installed shall meet the provisions of this chapter as well as all other applicable plans, standards and ordinances adopted by the city of Bainbridge Island. In addition, existing hydrants not conforming with the requirements of this chapter shall, when replaced, be brought into conformance. (Ord. 85-03 § 1, 1985)

13.10.030 Building permits and plats.

A. Fire hydrants, water mains and appurtenances shall be installed as required by this chapter as a condition of approval of short plats, subdivisions, planned unit developments, and mobile home parks.

B. No building permits shall be issued for erection of any building or structure until adequate provision is made to assure that the provisions of this chapter will be met, including financial responsibility, provided, this section shall not apply to the reconstruction, repair, rebuilding or remodeling of a single-family dwelling. (Ord. 85-03 § 1, 1985)

13.10.040 Variance.

In specific cases, a variance from the terms but within the spirit of this chapter as will not be contrary to the public interest may be granted by the hearing examiner upon written application of the property owner or developer, or their agent as set out in BIMC 2.16.090, within 30 days of the notification to comply with this chapter. In determining to grant a variance from the terms of this chapter, including consideration of reasonable alternatives, the hearing examiner shall be guided by the following standards and criteria:

A. Special conditions and circumstances exist which are peculiar to the property or structure such as size, shape, topography or location and that strict enforcement of the provisions of this chapter would deprive the property owner of rights commonly enjoyed by other properties similarly situated.

B. The special conditions and circumstances are not primarily the result of the actions of the applicant such as structure design necessitating greater fire protection especially, as it may relate to commercial and multiple residential property development.

C. Unnecessary hardships and practical difficulties which make it difficult to carry out the provisions of this chapter.

D. Granting of the application, or providing alternatives to this chapter, will not be materially detrimental to the public health, safety, morals or welfare, or injurious to the property or improvement in the vicinity of the applicant’s property with particular emphasis on fire protection.

E. The variance is necessary to make possible the reasonable development of the property. (Ord. 85-03 § 1, 1985)

13.10.045 New installation procedures.

All hydrants and water mains newly installed or replaced shall meet the following requirements:

A. In areas already platted operational hydrants and water mains may be required to be installed in accordance with this chapter prior to the beginning of building construction.

B. Five copies of engineered plans or drawings, accurately indicating main size, the location of all valves, hydrants and thrust blocks to be installed, shall be submitted to the engineering department with utility drawings at least 15 working days prior to the beginning of any construction.

C. All construction shall conform to the city of Bainbridge Island street and utility standards in effect at the time of construction. A public works construction permit shall be obtained prior to commencement of construction.

D. The city engineer and the fire department shall be notified in writing by the permit holder when the hydrant(s) and water mains will be available for use and when they are placed in service.

E. Building construction shall not commence until plans required under this chapter have been submitted and approved in accordance with the provisions of this chapter. When water mains and hydrants are to be installed by the developer, such facilities and access roadways serving same shall be installed and made serviceable prior to and during the time of construction. No building shall be occupied until hydrants and mains for its protection are placed in service and accepted.

F. With respect to commercial, and industrial and/or multifamily construction only, no conventional or stick construction shall be permitted to start until all hydrants required for such improvements are placed in service and tested by the fire department.

G. When any new hydrant is installed in the vicinity of a ditch which would hinder fire suppression operations, the hydrant must be centered near a 10-foot section of culvert for purposes of ready access to equipment. (Ord. 89-14 § 1, 1989; Ord. 85-03 § 1, 1985)

13.10.050 Financial responsibility for water mains.

A. The installation of water mains to properties not previously served shall be at the benefited property owner’s or developer’s expense and in accordance with Chapter 13.32 BIMC.

B. Oversized water mains required for special use demands shall be installed at the developer’s or property owner’s expense in accordance with Chapter 13.32 BIMC.

C. If the water mains installed pursuant to subsections A and B of this section provide service or benefits to properties other than those owned by the water main installer, such installer shall receive latecomer reimbursement from the owners of such properties in accordance with Chapter 13.32 BIMC.

D. If the city requires a developer to install water mains larger than eight inches in diameter or larger than a diameter required for special use demands of the developer’s property, whichever is larger, then the developer shall be entitled to oversizing reimbursement in accordance with Chapter 13.18 BIMC.

E. When the city requires a developer to extend a water main along or through property in accordance with BIMC 13.18.010, the developer shall not be required to install fire hydrants outside of the developer’s property. However, the developer shall be required to install tees in the water main extension at appropriate intervals to facilitate the future installation of fire hydrants. (Ord. 2002-02 § 2, 2002: Ord. 86-05 §§ 1, 2, 1986; Ord. 85-03 § 1, 1985).

13.10.060 Location.

A. All public fire hydrants shall be installed at street intersections where possible. Public hydrant spacing shall be measured along vehicular access routes.

B. In single-family residential areas public hydrants shall be spaced so that the average distance between them is 600 feet. Where street intersections are over 700 feet apart, additional public hydrants shall be placed between them so as not to be more than 600 feet from public hydrants on either side. If cul-de-sacs or dead end streets, roads or driveways, or combinations thereof, are over 300 feet long, additional public hydrants shall be installed so that any portion of the street is not over 600 feet from a public hydrant.

C. In areas zoned other than single-family residential, public fire hydrants shall be installed so that the distance between them averages 300 feet. If street intersections are over 400 feet apart, additional public fire hydrants shall be placed between them so as not to be more than 300 feet apart. If cul-de-sacs or dead end streets, roads or driveways, or combinations thereof, are over 150 feet long, additional public hydrants shall be installed so that any portion of the street is not over 300 feet from a public hydrant.

D. Except single-family dwellings, all buildings constructed hereafter that are located so that any portion is more than 150 feet from a street, as measured along the right-of-way line of vehicular access routes, shall have private fire hydrants satisfying the requirements of this chapter located at the building.

E. The city engineer may allow buildings having required fire flows of less than 2500 GPMs to have fire hydrants on one side of the building only, provided there shall never be less than two fire hydrants for any building larger than 5,000 square feet in first floor area including covered parking and storage. When the required fire flow is over 2,500 GPMs, the fire hydrants shall be served by a main which loops around the building or complex of buildings and reconnects back into a distribution supply main, and said hydrants shall be located as designated by the city engineer. Location for the installation of fire hydrants shall be mutually acceptable to the fire department and the city.

F. The number of fire hydrants shall be determined on an average spacing of 330 feet computed on an imaginary line parallel to and not less than 50 feet from the structure. All hydrants are to be accessible to fire department pumpers over paved roads capable of supporting such fire apparatus. The fire chief shall determine the location of the hydrants based upon a determination of utility, topography and building location. Minor deviation of the hydrant distance from the building may be granted by the fire department and the city.

G. Fire hydrant installations shall be adequately protected against vehicular damage, in accordance with the standards and specifications promulgated herein.

H. An auxiliary gate valve shall be installed at the main line tee to permit the repair and replacement of the hydrant without disruption of water service. (Ord. 89-14 §§ 2, 3, 1989; Ord. 85-03 § 1, 1985)

13.10.065 Fire flow.

Minimum fire flow requirements shall be as stated in Appendix B of the International Fire Code, 2006 Edition, published by the International Code Council, with the exception that requirements in Section B105.1 shall be replaced by flexible residential fire flow requirements as established by the city by resolution. (Ord. 2007-17 § 5, 2007: Ord. 2004-14 § 6, 2004: Ord. 98-30 § 3, 1998; Ord. 85-03 § 1, 1985)

13.10.070 Mains and service lines.

A. All public hydrants in single-family residential zoned areas shall be supplied by not less than six-inch circulating water mains. All hydrants in areas other than single-family residential shall be supplied by not less than eight inches circulating water mains. Dead-end water mains supplying fire hydrants must be at least eight inches in diameter, with the exception of mains up to 50 feet long which may be no less than six inches in diameter.

B. The service line from the water main to the hydrant shall be no less than six inches in diameter. Any service lines over 50 feet in length from water main to hydrant shall be no less than eight inches in diameter. The provi-

sions of this section shall apply without exception and regardless of the size of the service main.

C. All water mains serving or intended to serve fire protection systems, installed or replaced in the city of Bainbridge Island hereinafter shall have a minimum diameter of six inches.

D. Provisions shall be made wherever appropriate in any project for looping all dead end or temporarily dead end mains. A minimum 15-foot easement shall be required, in addition to a temporary 10-foot construction easement on each side of the permanent easement. Construction plans must be approved by the city engineer prior to the commencement of construction.

E. The minimum water main easement width shall be 20 feet in width. No permanent structures shall be built in the water main easement area.

F. A minimum of 10 feet of horizontal clearance must be maintained between a water main and any parallel sewer main.

G. Water main extensions will be required when the property does not front on a water main or when the existing water main is not adequate for the increased use proposed. The minimum extension shall be to a point at least five feet inside the prolongation of the property line.

H. Due to the complexities of many water mains and their interface with other underground structures, all water main construction shall be staked to insure placement within designated easements. Any deviation from this requirement shall be approved by the city engineer.

I. Every effort shall be made to incorporate “looped” water mains into a project. In cases where it is not possible to “loop” a new main installation, a minimum of a two-inch blow off shall be required at all line ends.

J. All hook-ups to fire hydrants for temporary water for whatever purpose shall be approved by the department of public works, shall be metered, and will require a “temporary hydrant valve.” In addition, double check valves may also be required if a potential for contamination exists. (Ord. 94-29 §§ 13, 14, 1995; Ord. 85-03 § 1, 1985)

13.10.080 Private hydrants.

The installation of private hydrants as defined herein shall meet the requirements for public hydrants and shall be located as designated by the city engineer to provide adequate fire protection. The fire and public works departments shall have the right to go upon the premises and to use the private hydrant for testing, flushing and public emergency uses. (Ord. 85-03 § 1, 1985)

13.10.090 Flush-type hydrants.

The installation of flush-type hydrants is prohibited unless determined by the city engineer that undue practical hardship would otherwise be created without relative increase in fire protection. (Ord. 85-03 § 1, 1985)

13.10.100 Construction standards.

Repealed by Ord. 94-29. (Ord. 85-03 § 1, 1985)

13.10.110 Street grade and hydrant clearance.

Repealed by Ord. 94-29. (Ord. 85-03 § 1, 1985)

13.10.120 Surrounding vegetation prohibited.

No person shall plant any vegetation, erect any structure or perform any action which results in the obstruction of a fire hydrant for a distance of 50 feet along the immediate route of approach. The owner-occupant of any area in which a hydrant is located shall be responsible for removing weed and tree growth from around the hydrant for a distance of not less than five feet. The purpose of this section is to maintain clear approach and visual area around the hydrant. (Ord. 85-03 § 1, 1985)

13.10.130 Occupancy of building.

No building or structure shall be occupied or used prior to installation and approval of required hydrants and mains as set forth in this chapter. (Ord. 85-03 § 1, 1985)

13.10.140 Unlawful conduct.

It is unlawful for any person, firm or corporation to occupy or use any building used for a school, church, rest home, hospital, residential apartments or place of assembly, in whatever use district located, unless such building is within 150 feet of a fire hydrant. (Ord. 85-03 § 1, 1985)

13.10.150 Inspection required.

All improvements shall be subject to inspection by a duly authorized representative of the city, both during the course of construction and after construction is complete. The inspector shall have the authority to determine whether or not materials of construction, methods of construction and workmanship comply with working drawings and specifications. The contractor shall provide for reasonable tests and proof of quality of materials as requested by the inspector. The inspector may require that work be suspended for due cause. For purposes of this section, “due cause” includes adverse weather conditions, poor workmanship, the use of questionable materials or methods of construction, and nonadherence to specifications and drawings. (Ord. 85-03 § 1, 1985)

13.10.160 Approval not deemed acceptance.

Approval by the inspector shall not be deemed acceptance of the improvement by the city. Acceptance shall be only by action of the Bainbridge Island city council. (Ord. 85-03 § 1, 1985)

13.10.170 Penalties.

Any person violating any provision or term of this chapter shall, upon conviction thereof, be punished by a fine of not more than $500.00 or by imprisonment for not more than 90 days, or by both such fine and imprisonment. (Ord. 85-03 § 1, 1985)

Chapter 13.12
SEWERS

Sections:

13.12.010 Connection – Required.

13.12.020 Connection – Notice to owner or occupant – Remedies for failure to connect.

13.12.030 Unlawful water discharge.

13.12.040 Floating vessels or structures.

13.12.050 Shoreside facilities.

13.12.060 Side sewer responsibility.

13.12.070 Industrial waste – Prohibited substances.

13.12.080 Industrial waste – Restricted substances.

13.12.090 Industrial waste – Prohibited discharges – Notification of city and state officials.

13.12.100 Industrial waste – Prohibited discharges – Notice to employees.

13.12.110 Industrial waste – Prohibited discharges – Preventative measures.

13.12.120 Industrial waste discharge permit – Required generally.

13.12.130 Industrial waste discharge permit – Required for existing discharges upon notice.

13.12.140 Industrial waste discharge permit – Required for change in existing discharge.

13.12.150 Industrial waste discharge permit – Required for new discharges.

13.12.160 Industrial waste discharge permit – Application – Required.

13.12.170 Industrial waste discharge permit – Application – Processing.

13.12.180 Industrial waste discharge permit – Issuance.

13.12.190 Industrial waste discharge permit – Conditions of granting.

13.12.200 Industrial waste discharge permit – Modification of conditions.

13.12.210 Industrial waste discharge permit – Revocation.

13.12.220 Industrial waste discharge permit – Suspension.

13.12.230 Responsibilities of wastewater permit holder – Control of discharge.

13.12.240 Responsibilities of wastewater permit holder – Pretreatment facilities.

13.12.250 Responsibilities of wastewater permit holder – Waste analysis and reporting requirements.

13.12.260 Responsibilities of wastewater permit holder – Sampling manhole.

13.12.270 Industrial cost recovery – Payment by industrial users.

13.12.280 Industrial cost recovery – Significant industrial users’ letter of intent.

13.12.290 Industrial cost recovery – System.

13.12.300 Monthly rates and charges.

13.12.310 Violation – Criteria.

13.12.320 Violation – Notice.

13.12.010 Connection – Required.

A. The owner of property within the city’s sewer service area, as identified in the city’s comprehensive plan, requiring sewer service shall not be allowed to install a septic system if the distance from the property to an existing sewer main with capacity to serve the property is 300 feet or less. The distance shall be measured as a straight-line distance from the end of the main to the nearest corner or edge of the property to be served. The owner of the property shall apply to the city for sewer service, extend the sewer main, and connect the property to the city’s sewer system. In addition, the owner of property containing a building or structure for human occupancy or other use necessitating sewer service which is located within the city’s present or future sewer service area as identified in the city’s comprehensive plan and which is located within 300 feet of a sewer main, and which is certified by the local health office to be a health hazard, shall apply to the city for sewer service, extend the sewer main, and connect the property to the city’s sewer system.

B. The owner of property within the city’s sewer service area as identified in the city’s comprehensive plan requesting sewer service may, but shall not be required to, extend an existing sewer main with capacity to serve the property if the distance from the property to the main is more than 300 feet; provided, that sewer extensions shall be sized and configured in accordance with the city’s design and construction standards and specifications.

C. A person applying to request city sewer or contract sewer system capacity availability, to connect to the city’s sewer or contract sewer system, or to change his or her use of the city’s sewer or contract sewer system shall request city approval on a form to be provided by the city. The application shall contain the subject parcel tax account, owner, agent, application purpose, current or previous site use, and proposed site use information. The applicant shall complete and attach to the application a project summary in a format required by the city, a sewer connection analysis form to be provided by the city, and a site plan at one-half drawing scale showing proposed sewer mains, lift stations, and manholes for all applications other than for a change in use that does not require a building permit. The application shall be signed by the owner of the premises to be served, or by the owner’s duly authorized agent, and shall be filed with the city. The applicant shall pay all related application and processing fees and costs, as established by resolution or ordinance of the city council. (Ord. 2006-08 § 1, 2006: Ord. 2002-02 § 3, 2002: Ord. 94-29 § 15, 1995; Ord. 82-20 § C(1), 1982)

13.12.020 Connection – Notice to owner or occupant – Remedies for failure to connect.

A. Whenever any land, buildings, or premises are required to be connected with the public sewer system as provided in this chapter, the city engineer shall serve upon the owner, agent, lessee, or occupant of the lands, buildings, premises or habitable structures, a notice in writing specifying the time within which such connection must be made, which time shall not be more than 60 days from the date of delivery of such notice.

B. If such owner, agent, lessee or occupant fails, or neglects to connect the land, buildings, premises or habitable structures to the public sewer system within the time specified, the city may hire a licensed contractor to make such connection and the cost plus 25 percent thereof shall be charged to the owner, agent, lessee, or occupant and a bill showing the amount thereof mailed or delivered to him, or posted upon the premises, whereupon the amount shall immediately be paid to the city clerk; provided, that as an alternative to making such connection there is imposed a penalty in an amount equal to the charge that would be made for sewer service if the property was connected to such system, which amount shall be paid and collected at the times and in the manner provided by this title, for the payment and collection of sewer service charges.

C. The licensed contractor hired by the city shall be required to file with the city engineer a bond and certificate of insurance to hold the city harmless. Such bond and insurance shall be in the amounts which are deemed necessary by the city engineer.

D. The licensed contractor must secure his own permits, be responsible for all work accomplished under his permits, and connect all plumbing outlets or drainage facilities in a complete manner, as required by the city engineer.

E. If failure to connect land, buildings, premises or habitable structures to the sewer system gives rise to a health hazard as determined by the local health official, the city may, in addition or in alternative to the remedies in subsection B of this section, seek to abate such health hazard as a public nuisance. Nothing in this title shall be construed to supplant existing civil and criminal penalties provided by common law, other ordinances or state law for the abatement of or punishment of public nuisances or health hazards. (Ord. 82-20 § C(2), 1982)

13.12.030 Unlawful water discharge.

It is unlawful for any person to discharge into the city sanitary sewage disposal system water from such sources as, but not limited to, roof leaders, cellar, yard and area drains, foundation drains, cooling water discharges, drains from springs, and swampy areas, manhole covers, cross connections from storm sewers and combined sewers, catch basins, storm waters, surface runoff, street wash waters, or drainage, or swimming pool drains. (Ord. 82-20 § C(3), 1982)

13.12.040 Floating vessels or structures.

Any vessel or other floating structure used for permanent residential or commercial purposes and moored within the city shall have its soil drains connected to discharge into the city sanitary sewage disposal system. The owner of the moorage facility or property to which the vessel or floating structure is moored shall provide the property connection to the system. Alternatively, vessels used for permanent residential and commercial purposes and moored within the city limits may be equipped with a marine sanitation device which meets the no-discharge requirement developed by the EPA and U.S. Coast Guard in accordance with the provisions of the FWPCA. (Ord. 82-20 § C(4), 1982)

13.12.050 Shoreside facilities.

All property owners providing temporary or permanent boat moorage shall provide onshore toilet facilities in sufficient number to serve the facility. The toilet facilities shall be approved by the city engineer with respect to number, arrangement and conformance with the building, plumbing, electrical codes and with this title. (Ord. 82-20 § C(5), 1982)

13.12.060 Side sewer responsibility.

That portion of any side sewer pipe lying within the street right-of-way or easement shall be maintained by and kept within the exclusive control of the city. That portion lying beyond the right-of-way or easement shall be the responsibility of the abutting property owner. (Ord. 82-20 § C(6), 1982)

13.12.070 Industrial waste – Prohibited substances.

No person shall discharge any of the following prohibited substances directly or indirectly into any public sewer, private sewer or side sewer tributary to the city:

A. Flammable or Explosive Materials. Flammable liquids, solids, or gases capable of causing or contributing to explosion or supporting combustion in any sewerage facilities including, but not limited to, the following: fuel oil, waste crankcase oil, and acetylene generation sludge;

B. Substances Which Can Cause Obstruction or Interference. Any solid or viscous substances in quantities, either by itself or in combination with other wastes, which are capable of obstruction of flow or of interfering with the operation or performance of sewer works or treatment facilities, including, but not limited to, the following: ashes, cinders, sand, mud, straw, grass clippings, shavings, metal, glass, tar, asphalt, plastics, cloth, wood, chemical residues, brewing or distilling slops, spent grain or hops, whole blood, meat trimmings and wastes, animal paunch contents, hide, hair, offal, fish or fowl heads or parts, entrails, lard, tallow, baking dough, cannery waste bulk solids, plastics or paper utensils, plastic or paper containers either whole or ground;

C. Odorous Substances. Any noxious or malodorous gas or substance which either by itself or by interaction with other wastes is capable of creating a public nuisance or hazard to life or of preventing entry by authorized personnel to pump stations and other sewerage facilities;

D. Toxic Vapor. Any gas or substance which either by itself or by interaction with other wastes can produce a toxic vapor. These substances include, but are not limited to, chlorinated hydrocarbons, hydrogen sulfide, sulfur dioxide and cyanide compounds;

E. Corrosive Substances.

1. Any gas or substance which either by itself or by interaction with other waste may cause corrosive structural damage to sewer works or treatment facilities, but in no case wastes with a pH lower than 5.5,

2. Any salt water;

F. Excessive Waste. Wastes at a flow rate and/or pollutant discharge rate which are excessive over relatively short time periods as described in the discharger’s waste discharge permit so that there is a treatment process upset and subsequent loss of treatment efficiency;

G. High Temperature. Heat in amounts which will inhibit biological activity in treatment plant facilities resulting in an interference in the treatment process and specifically including heat in such quantities that the temperature at the treatment works influent exceeds 20 degrees Centigrade (68 degrees Fahrenheit), or the temperature exceeds 40 degrees Centigrade (104 degrees Fahrenheit) at the point of discharge from the industrial source to public sewers and/or the city sewerage system;

H. Radioactive Substances. Any radioactive wastes or isotopes discharged to any sewer shall not exceed such concentration limitations as established by applicable State Department of Social and Health Services regulations. (Ord. 82-20 § C(7)(A), 1982)

13.12.080 Industrial waste – Restricted substances.

A. Generally. No person shall discharge wastes containing restricted substances directly or indirectly into any public sewer, private sewer, or side sewer tributary to the city sewerage system, in excess of limitations specified by conditions of the waste discharge permit or by the city or in excess of other city, state or federal standards. Limitations shall be established to the extent necessary to enable the city to comply with current national Pollutant Discharge Elimination System requirements, as promulgated by the Environmental Protection Agency or the State Department of Ecology, and to the extent necessary for compliance by city and by industrial dischargers with any applicable federal and state regulations and with requirements for the protection of sewerage facilities and treatment processes, public health and safety and the receiving waters and when determined by the city to be necessary for the protection of water quality and avoidance of nuisance in the city. The engineer shall publish and revise from time to time standards which as a minimum establish the following restricted parameters: pH, temperature, fats, oils and greases of animal or vegetable origin, fats, oils and greases of mineral origin, and other toxic substances including those defined in applicable state and federal regulations. These published standards shall, by this reference, be made a part of this title. Discharge limits or standards in effect and incorporated into any issued waste discharge permit shall remain in effect for that permit until it expires, except as modified as provided in Section 13.12.210.

B. Food Waste. Food waste discharged into any sewer shall have been properly shredded so that 100 percent will pass a three-eighths-inch sieve and 75 percent will pass a one-fourth-inch sieve. Persons engaged in the retail sale of raw produce shall be limited to one grinder having a prime mover not exceeding five hp for the processing of raw produce waste.

C. Septic Tank Waste. Any material from a cesspool, privy, septic tank or other on-site disposal system shall not be discharged into a sewer.

D. High Strength Wastes. Any waters or wastes containing higher than ordinary concentrations or quantities of compatible pollutants, including but not limited to, biochemical oxygen, demanding pollutants, suspended solids, pH and fecal material, may be required to discharge at a specific release rate or at a specified strength if, in the opinion of the city, the release of such waste in an uncontrolled manner could adversely affect proper handling and treatment in the sewage system. (Ord. 82-20 § C(7)(B), 1982)

13.12.090 Industrial waste – Prohibited discharges – Notification of city and state officials.

A. Any person becoming aware of the discharge of prohibited or restricted substances directly or indirectly into a public sewer, private sewer, or side sewer tributary to the city sewage system shall report such discharge immediately by telephone to the city. Prompt notification of such discharges will allow the city to take necessary precautions to minimize hazards and to prevent damage to the receiving waters, thereby avoiding or minimizing discharge violations and fines from state and federal regulatory agencies and the city.

B. Failure by any person aware of such discharge of prohibited or restricted substances to report such discharge in the manner provided in subsection A of this section shall constitute a violation and subject the person to the penalties set forth in this title. Each failure to report a discharge shall be considered a separate violation.

C. Discharges of prohibited or restricted substances directly or indirectly into navigable waters, or into streams, ditches or sewers tributary to navigable waters, shall be reported to U.S. Coast Guard or to the regional office of the State Department of Ecology. (Ord. 82-20 § C(7)(C)(1), 1982)

13.12.100 Industrial waste – Prohibited discharges – Notice to employees.

In order that employees of persons involved in discharge to sewers be informed of city requirements, the persons shall make available to their employees copies of this together with such other wastewater information and notices which may be furnished by the city from time to time and directed toward more effective water pollution control. (Ord. 82-20 § C(7)(C)(2), 1982)

13.12.110 Industrial waste – Prohibited discharges – Preventative measures.

Any direct or indirect connection or entry point which could allow prohibited or restricted substances to enter the user’s plumbing or drainage system shall be eliminated. Where such action is impractical or unreasonable the user shall appropriately label such entry points to warn against discharge of such wastes in violation of this title. (Ord. 82-20 § C(7)(C)(3), 1982)

13.12.120 Industrial waste discharge permit – Required generally.

Each person discharging or proposing to discharge industrial waste into a public sewer, private sewer, or side sewer tributary to the city sewerage system shall secure a waste discharge permit from the city unless otherwise provided in this chapter. (Ord. 82-20 § C(7)(D)(1), 1982)

13.12.130 Industrial waste discharge permit – Required for existing dischargers upon notice.

If the city determines that an industrial waste discharge presents a substantial risk of discharge of prohibited substances, or of discharges subject to city, federal, or state pretreatment requirements or permit regulations, or of discharges which can cause harmful effect to sewage facilities and treatment processes, the public health and safety or receiving waters, he may require by written notice that a permit be secured. Upon receipt of such notice, the person so notified shall apply for a waste discharge permit within 30 days. Extensions of time for submittal of an application may be granted by the city, not to exceed a total of 60 days. (Ord. 82-20 § C(7)(D)(2), 1982)

13.12.140 Industrial waste discharge permit – Required for change in existing discharge.

Any person proposing to make a change in an existing industrial waste discharge which will substantially change the volume of flow or the characteristics of the waste or establish a new point of discharge shall secure a new waste discharge permit before making such change. Application to the city must be made for such permit 30 days prior to the change in discharge. Extensions of time for submittal of an application may be granted by the city not to exceed 60 days. (Ord. 82-20 § C(7)(D)(3), 1982)

13.12.150 Industrial waste discharge permit – Required for new discharges.

Any person proposing to discharge industrial waste but not holding a valid waste discharge permit shall apply to secure a waste discharge permit. Application to the city must be made for such permit prior to beginning of discharge. (Ord. 82-20 § C(7)(D)(4), 1982)

13.12.160 Industrial waste discharge permit – Application – Required.

Applications for waste discharge permits shall be made to the city in writing on forms provided by the city and shall include such data, information and drawings as may be identified by the city. (Ord. 82-20 § C(7)(D)(5), 1982)

13.12.170 Industrial waste discharge permit – Application – Processing.

Applications for waste discharge permits will be processed in the following manner:

A. Public Notice. Upon receipt of a proper application for permit, the city shall instruct the applicant at its expense to publish notices thereof by such reasonable means and within such reasonable time as the engineer shall prescribe. The city shall require that the notice so prescribed shall be published twice in a newspaper of general circulation within the county and in a local newspaper serving the area where the industry is located and in such other appropriate information media as the engineer may direct. The notice shall include a statement that any person desiring to present his views with regard to the application may do so in writing to the engineer, provided the person submits his views or notifies the engineer of his interest within 30 days of the last date of publication of the notice. Such notification or submission of views to the engineer shall entitle the person to a copy of the action taken on the application. Upon receipt of an application, the engineer shall send notice of pertinent information to the directors of the State Department of Fisheries, Game, Ecology and Social and Health Services.

B. Coordination With Local Public Agency. Upon receipt of an application, the city will promptly provide a copy of the application to appropriate local public agencies. During the processing, the city will consult with such local public agencies to insure that the limitations and conditions of the waste discharge permit will meet requirements of such agencies pertaining to the discharge of waste into the local public sewer system.

C. Coordination With the State Department of Ecology and Federal Environmental Protection Agency. During the application process, the city will consult, as appropriate, with the State Department of Ecology and the Federal Environmental Protection Agency to determine the most satisfactory method of disposal for the industrial waste under consideration, and to insure that the conditions of the waste discharge permit will meet requirements of applicable state and federal regulations. (Ord. 82-20 § C(7)(D)(6), 1982)

13.12.180 Industrial waste discharge permit – Issuance.

If the engineer and/or the maintenance supervisor determine the characteristics of the proposed discharge or discharges meet the requirements of appropriate local public agencies, the State Department of Ecology, the Federal Environmental Protection Agency and any other applicable state and federal laws and regulations, and this title, the engineer shall issue a waste discharge permit to the applicant therefor with appropriate conditions. A copy of the permit and the completed application on which the permit is based will be submitted to the Department of Ecology. The appropriate local public agencies will be notified in writing of the issuance of such a permit and will be furnished with one copy of each permit issued within its jurisdiction at no charge. (Ord. 82-20 § C(7)(D)(7), 1982)

13.12.190 Industrial waste discharge permit – Conditions of granting.

A. Pretreatment Facilities. As a condition of the granting of a waste discharge permit, the permit holder may be required to install pretreatment facilities or make plant or process modifications as deemed necessary by the city to meet the requirements of this chapter and applicable federal and state standards. Such facilities or modifications shall be installed, constructed, operated and maintained at the permit holder’s expense in accordance with the provisions of this chapter, and in accordance with the rules and regulations of all local and governmental agencies.

B. Preoperative Inspection. Upon completion of pretreatment facilities or plant or process changes, no permit holder may discharge industrial waste therefrom into a public sewer, private sewer or side sewer tributary to the city sewerage system until inspection has been made by the city for compliance with conditions of the permit and with this title. (Ord. 82-20 § C(7)(D)(7)(a) and (b), 1982)

13.12.200 Industrial waste discharge permit – Modification of conditions.

Discharge conditions published in a waste discharge permit shall remain in effect for that permit until it expires, except that they may be revised from time to time as required by state or federal regulations and requirements or to meet any emergency. (Ord. 82-20 § C(7)(D)(8), 1982)

13.12.210 Industrial waste discharge permit – Revocation.

A. A permit shall be subject to revocation upon 30 days’ notice in writing if the city finds:

1. That it was procured by misrepresentation of any material fact or by lack of full disclosure in the application; or

2. That a material change in the volume of flow or characteristics of waste was effected without notice to the city and application to the city for a new permit was not made and a permit issued as required; or

3. That there has been a violation of the limitations or conditions of the permit and the permit holder refuses to take corrective action or that a violation has continued after notice thereof.

B. At the time that a permit is revoked, the engineer may thereafter require disposal of the waste in some manner other than into a public sewer, private sewer or side sewer tributary to the city sewerage system at the expense of the person whose permit is revoked. The appropriate local agency and the Department of Ecology will be notified in writing of the revocation of such permit. (Ord. 82-20 § C(7)(D)(9), 1982)

13.12.220 Industrial waste discharge permit – Suspension.

A permit may be temporarily suspended and further discharges halted by the engineer if he determines that waste discharges are in violation of waste discharge permit limitations or conditions or city, state, or federal standards and pose an immediate risk to public health and safety or will cause damage, obstruction or interference with treatment facilities. Such suspension shall be effective immediately upon written notice delivered to the permit holder’s business premises or posting at the point of discharge. (Ord. 82-20 § C(7)(D)(10), 1982)

13.12.230 Responsibilities of wastewater permit holder – Control of discharge.

It shall be the responsibility of every person to control the discharge of industrial waste into a public sewer, private sewer or side sewer tributary to the city in compliance with this title and the requirements of a waste discharge permit issued under the provisions of this title. (Ord. 82-20 § C(7)(E)(1), 1982)

13.12.240 Responsibilities of wastewater permit holder – Pretreatment facilities.

Whenever pretreatment facilities are required pursuant to this title, they shall be constructed, installed, operated and maintained at the expense of the permit holder and in a manner prescribed by the engineer. The permit holder shall maintain records indicating routine maintenance check dates, cleaning, and waste removal dates and means of disposal of accumulated wastes. Such records shall be retained for a minimum of three years and shall be subject to review in accordance with this title. Approval of proposed facilities or equipment by the engineer will not in any way guarantee that these facilities or equipment will function in the manner described by the contractor, or manufacturer, nor shall it relieve a person of the responsibility of enlarging or otherwise modifying or replacing such facilities to accomplish the intended purpose and to meet the applicable standards, limitations and conditions of a waste discharge permit. (Ord. 82-20 § C(7)(E)(2), 1982)

13.12.250 Responsibilities of wastewater permit holder – Waste analysis and reporting requirements.

A. Permit holders will be required to submit samples of industrial waste discharges, to perform tests and report the test results to the city, as required by the terms of the permit and if requested by state or local public agencies, or if deemed necessary by the engineer for the proper treatment, analysis or control of waste discharges. All such tests and reports shall be at the cost of the permit holder. The city shall have the right to implement and require, when deemed necessary by the engineer, a permit holder to obtain, install, operate and maintain an automatic sampler and/or analyzer to monitor its industrial waste discharges in the manner directed by the city.

B. To the degree practicable, the city will provide each permit holder or applicant with information on applicable city, state and federal waste analysis and reporting requirements; provided, however, that any failure or inadvertence to do so shall not excuse the permit holder from compliance with the requirements. (Ord. 82-20 § C(7)(E)(3), 1982)

13.12.260 Responsibilities of wastewater permit holder – Sampling manhole.

When required by the city, the permit holder shall install and maintain at his expense a suitable control manhole in his side sewer to facilitate observation, sampling, and measurement of wastes therein. Such manhole shall be located, if feasible, where it is accessible from a public road or street. It shall be constructed in accordance with plans approved by the city and shall be arranged so that flow measuring and sampling equipment and a shutoff gate or a screen may be conveniently installed by the city. The permit holder shall make access to such manhole available to the city at all times. (Ord. 82-20 § C(7)(E)(4), 1982)

13.12.270 Industrial cost recovery – Payment by industrial users.

Each industrial user of a treatment works constructed by the city wholly or partially with the use of federal grant money shall pay to the city that portion of the federal grant amount allocable to the treatment of the industrial users’ wastes as determined by federal regulations in addition to its proportionate share of costs of operation and maintenance and such user charges as may be lawfully imposed by the city. (Ord. 82-20 § C(7)(F), 1982)

13.12.280 Industrial cost recovery – Significant industrial users’ letter of intent.

Upon written request from the engineer in instances where the city has applied for federal grant money to construct treatment works, each significant industrial user shall send to the city a signed letter of intent to pay that portion of the federal grant amount allocable to the treatment of its wastes as determined by federal regulations. Each such letter shall also include a statement of the industrial user’s intended period of use of the treatment works. (Ord. 82-20 § C(7)(F)(a), 1982)

13.12.290 Industrial cost recovery – System.

A. Each year during the industrial cost recovery period, each industrial user of the treatment works shall pay to the city its share of the total amount of the grant and any grant amended awarded pursuant to this section, divided by the recovery period.

B. Payments shall be made by industrial users no less often than annually. The first payment by an industrial user shall be made not later than one year after such user begins use of the treatment works.

C. An industrial user’s share shall be based on all factors which significantly influence the cost of the treatment works. Factors such as strength, components, volume and delivery flow rate characteristics shall be considered and included to insure a proportional distribution of the federal grant assistance allocable to industrial use to all industrial users of a particular treatment works. At a minimum, an industry’s share shall be proportional based on its flow in relation to the treatment works flow capacity.

D. If there is a substantial change in the strength, components, volume or delivery flow rate characteristics introduced into the treatment works by an industrial user, such user’s share shall be adjusted accordingly.

E. If there is an expansion or upgrading of the treatment works, each existing industrial user’s share shall be adjusted accordingly.

F. An industrial user’s share shall include only that portion of the federal grant assistance allocable to its use or to capacity firmly committed for its use.

G. An industrial user’s share shall not include an interest component. (Ord. 82-20 § C(7)(F)(b), 1982)

13.12.300 Monthly rates and changes.

The monthly rates and charges for city and county sewer service shall be set forth under Section E of Ordinance 82-20, as amended, on file in the office of the city clerk. (Ord. 82-20 § C(9), 1982)

13.12.310 Violation – Criteria.

A. A violation of those limitations established under this chapter, federal, state or city pretreatment standards, or specific requirements of an industrial waste discharge permit shall occur, regardless of intent or accident when:

1. The maximum daily allowable concentration is violated under the following circumstances:

a. The arithmetic mean of concentrations for eight consecutive samples collected over intervals of 15 minutes or greater is in excess of the limitation,

b. The concentration of any single sample (whether grab or a sample within a series) exclusive of any fats, oils and greases, exceeds the limitation by a factor of four,

c. The arithmetic mean of the concentration of fats, oils or greases for three grab samples, taken no more frequently than at five-minute intervals, exceeds the limitations;

2. The arithmetic mean of the antilogarithm of the pH values of at least eight consecutive samples taken at intervals of 15 minutes or greater is less than an equivalent pH value of 5.5, or the pH of any single sample is less than 5.0;

3. The temperature limitation is exceeded for any single sample. Each discrete discharge exceeding such limitations, standards or requirements shall constitute a separate violation, or if such discharge is continuous, then each hour of the discharge shall constitute a separate violation.

B. A violation will be considered to have occurred if special reporting requirements established by permit are not complied with.

C. A violation will be considered to have occurred if mass related limitations for specific pollutants have been violated. A violation will be determined utilizing the formula:

(8.34) (millions of gallons discharged)

(concentration pollutant in mg/l)

The concentration used for the pollutant will be the arithmetic mean of those concentrations for samples collected during the period monitored or the concentration of a flow proportioned composite during that period. The volume will be determined by either a water meter or sewer meter serving the monitored process and read immediately prior to and after sampling. (Ord. 82-20 § C(7)(G)(1), 1982)

13.12.320 Violation – Notice.

Upon determination that a violation has taken or is taking place, a representative of the city shall make a reasonable effort to immediately notify the violating party. The first notification may be verbal if subsequently followed by written notification. Such written notification shall be entitled “Notice of Violation,” shall be signed by the engineer and shall specify the nature and source of the violation. Such written notice may be delivered to the business premises of an industrial user or may be submitted by regular mail to the address of the permit holder as given to the city. Following these notification procedures, applicable followup correspondence will be used to establish penalties as provided and/or corrective action to be taken by the violator. (Ord. 82-20 § C(7)(G)(2), 1982)

Chapter 13.14
SIDE SEWER STORM AND SURFACE WATER INFILTRATION AND INFLOW REDUCTION PROGRAM

Sections:

13.14.010 Purpose.

13.14.020 Storm and surface water – Discharge into sanitary sewer prohibited.

13.14.030 Testing for infiltration and inflow.

13.14.040 Repair of defective side sewer.

13.14.050 Notice of corrective work.

13.14.060 Notice of violation.

13.14.070 Extension of deadline in which to complete corrective work.

13.14.080 Appeal of notice of violation.

13.14.090 Failure to comply with notice of violation – Penalty.

13.14.100 Financing of corrective work by city.

13.14.110 Reimbursement for “low-flush” commodes.

13.14.010 Purpose.

The city has determined that it is in the public’s best interest to more efficiently utilize the sewer capacity of the city’s current sewer plant and to conserve water resources. The purpose of this chapter is to create a cooperative program between the city and the users of the city’s sanitary sewer system, which program is designed to reduce storm and surface water infiltration and inflow from private side sewers into the city’s sanitary sewer system. (Ord. 99-23 § 1, 1999)

13.14.020 Storm and surface water – Discharge into sanitary sewer prohibited.

A. No person shall discharge, cause to be discharged or allow to be discharged any storm water, surface water, ground water, roof runoff or subsurface drainage into any sanitary sewer.

B. No person shall connect, cause to be connected, or continue to connect a roof drain or drains to any private sanitary side sewer lines. Any person who has connected a roof or ground drain to any private side sewer line shall disconnect the roof drain or drains within 90 days from the effective date of the ordinance codified in this chapter.

C. Storm water and other unpolluted drainage shall be discharged to such drains as are specifically designated as storm sewers, or to a natural outlet approved by the city engineer or designee. (Ord. 99-23 § 1, 1999)

13.14.030 Testing for infiltration and inflow.

A. The city engineer and/or the city engineer’s designee shall test various areas within the city’s jurisdiction for infiltration and inflow in accordance with a testing plan to be established by the public works director. To the extent that the city engineer and/or designee must enter private property to conduct the testing provided by this section, the city engineer and/or designee shall first obtain the permission of the owner of the property to be tested prior to entering the property. The city shall restore any private property tested for excessive infiltration or inflow to the condition of the property prior to the testing.

B. The city engineer and/or the city engineer’s designee may utilize any means available for testing for infiltration or inflow, including, but not limited to, the “smoking” test, closed circuit TV equipment, and flow charts of various lift stations. (Ord. 99-23 § 1, 1999)

13.14.040 Repair of defective side sewer.

A. Whenever any side sewer line connected with the public sanitary sewer system becomes inadequate or unable to prevent infiltration and/or inflow from entering into the public sewer due to damage, deterioration, improper installation or substandard materials of the side sewer line, the owner of the property served by the defective side sewer shall repair, replace or disconnect the side sewer line as deemed necessary by the city engineer to remove or reduce further infiltration and inflow from entering into the side sewer line. The owner of the property served by the side sewer line shall be responsible for all costs associated with the repair, replacement or disconnection of defective side sewer lines.

B. In cases where the city is replacing or repairing a public sewer main to which an identified defective side sewer line is connected, the city and the owner of the property served by the side sewer line may enter into an agreement by which the city shall also repair or replace the side sewer line; provided, that all costs incurred by the city in repairing or replacing the defective side sewer line shall be borne by the owner of the property served by the side sewer line; and provided further, that the owner of the property served by the side sewer line shall grant the city all easements necessary for the repair or replacement construction of the defective side sewer line. (Ord. 99-23 § 1, 1999)

13.14.050 Notice of corrective work.

A. If the city engineer and/or the city engineer’s designee determines that a side sewer line is inadequate or unable to prevent infiltration and/or inflow from entering into the public sewer from the side sewer line, the city engineer and/or designee shall issue to the record owner of the property served by the defective side sewer line a notice of corrective work. The notice shall identify the nature of the defect and the corrective work necessary to remedy the defect. The notice shall further inform the owner that the owner shall have 45 days from the date of the issuance of the notice of corrective work to respond to the notice and to provide the city with satisfactory proof that the required corrective work has been completed or that the required corrective work has been commenced and shall be completed within a reasonable time thereafter.

B. The notice of corrective work shall be personally served or mailed, via certified mail, return receipt requested, to the record property owner. If the notice is sent via certified mail, service of the notice shall be deemed effective three days after the notice was placed in the mail. (Ord. 99-23 § 1, 1999)

13.14.060 Notice of violation.

A. If the record owner of the property served by the defective side sewer line fails to comply with the notice of corrective work as provided in BIMC 13.14.050, the city shall issue a notice of violation to the record owner of the property served by the defective side sewer line.

B. The notice shall be served on the property owner by personal service or by certified mail, return receipt requested. If the notice is sent via certified mail, service of the notice shall be deemed effective three days after the notice was placed in the mail. The notice shall provide the following information:

1. The street address or legal description of the real property served by the defective side sewer;

2. A statement of the nature of the violation;

3. A statement of the required corrective work to be performed to remedy the violation;

4. A statement that the owner has 60 days to complete the required corrective work;

5. A statement that failure to complete the work within the 60-day time period shall constitute a civil infraction, punishable by a fine of up to $500.00 per day;

6. A statement that the property owner may, for good cause, request an extension of the time period in which to complete the required corrective work;

7. Notice that the property owner may apply for financing from the city for the required corrective work. (Ord. 99-23 § 1, 1999)

13.14.070 Extension of deadline in which to complete corrective work.

Any property owner who is ordered to complete corrective work to the owner’s side sewer under this chapter may submit to the city engineer, at any time prior to the expiration of the deadline for completion of the corrective work, a written request for an extension of the deadline. The city, in its discretion, may extend the deadline for compliance based on the following considerations:

A. Type and degree of violation;

B. The property owner’s intent to comply;

C. Procedural requirements for obtaining a permit to carry out the corrective action;

D. The complexity of the corrective action;

E. Whether an appeal of the notice of violation has been timely filed; and

F. Any other circumstances beyond the control of the property owner. (Ord. 99-23 § 1, 1999)

13.14.080 Appeal of notice of violation.

A. Any person affected by a notice of violation under this chapter may file a written notice of appeal with the city clerk within 20 days from the date upon which the notice of violation was served. Any notice of appeal filed under this section shall include a statement by the property owner as to why the notice is erroneous.

B. All appeals of notices of violations under this section shall be heard by the hearing examiner. The city shall have the burden of proving that the side sewer line is inadequate or unable to prevent infiltration or inflow into the city’s sanitary sewer system. The results of any testing performed by the city engineer or designee pursuant to BIMC 13.14.030 may be introduced as prima facie evidence of the defectiveness of the subject side sewer line. If the city meets its burden of proof, the hearing examiner may reverse the notice of violation only upon a clear and convincing showing by the property owner of one or more of the following:

1. That the testing of the engineer and/or designee is inaccurate or erroneous and that the side sewer line is not defective;

2. That the property owner is not the responsible party for the defective side sewer line;

3. That the corrective work required by the city to remedy the defective side sewer line is not reasonable. In establishing that the required corrective work is unreasonable, the property owner must conclusively prove that a more cost-effective alternative to the required corrective work exists, and that this alternative will reduce and prevent infiltration or inflow as efficiently as the required corrective work. (Ord. 99-23 § 1, 1999)

13.14.090 Failure to comply with notice of violation – Penalty.

Failure to comply with the requirements of a notice of violation issued pursuant to BIMC 13.14.060 shall constitute a civil infraction, which shall be enforced as provided in Chapter 1.26 BIMC. (Ord. 99-23 § 1, 1999)

13.14.100 Financing of corrective work by city.

The city may use public moneys or credit derived from operating revenues from the sale of its sewer services to assist property owners in making any corrective work to defective side sewers ordered pursuant to this chapter. Any property owner wishing to obtain financing from the city to assist the owner in making ordered corrective work shall apply in writing to the city for such assistance, on a form provided by the city. The city shall evaluate each request for assistance on a need basis, and may award any amount which the city, in its discretion, deems an appropriate financing of the corrective work. Except for those cases in which the city determines the financing is necessary support for the poor and infirm, an appropriate charge-back, to be established by resolution, shall be imposed for any financing extended pursuant to this section. (Ord. 99-23 § 1, 1999)

13.14.110 Reimbursement for “low-flush” commodes.

A. Any private property owner who is connected to the city’s sewer main, who is using one or more “high-flush” commode(s) as of the effective date of the ordinance codified in this chapter and who subsequently replaces the high-flush commode with a low-flush commode may be reimbursed by the city, in its discretion, $100.00 or one-half of the cost of a new “low-flush” commode, whichever is less.

B. To qualify for the reimbursement provided by this section, a private property owner must provide the city with a valid receipt evidencing the purchase price of the low-flush commode and the date of the purchase. The private property owner must further provide to the city evidence which the city deems to be reliable proof that the low-flush commode for which the owner seeks reimbursement has been installed and is in working condition.

C. For the purposes of this section, a “high-flush” commode shall mean a commode which uses between five to seven gallons of water per flush. A “low-flush” commode shall mean a commode which uses no more than 1.6 gallons of water per flush. (Ord. 99-23 § 1, 1999)

Chapter 13.16
REGULATIONS AND PENALTIES APPLICABLE TO BOTH SEWER AND WATER SERVICE²

Sections:

13.16.010 Right of entry for inspection.

13.16.015 Miscellaneous utility fees.

13.16.020 Repealed.

13.16.025 Repealed.

13.16.030 Sewer and water connection – Generally.

13.16.040 Sewer and water connection – System participation.

13.16.050 Installation and connection to water and/or sewer lines.

13.16.060 Automatic annual fee adjustment.

13.16.070 Payment for water and sewer service.

13.16.075 Closing bills.

13.16.080 Low income senior citizen discount.

13.16.082 Disabled citizen discount.

13.16.084 Application for discount.

13.16.086 Requirements for eligibility for discount.

13.16.090 Enforcement of sewer and water liens.

13.16.100 Effect of title on existing contracts or agreements.

13.16.110 Penalty and enforcement provisions.

13.16.010 Right of entry for inspection.

The engineer or other city officials or employees of the city may enter any building or property to perform duties imposed by this chapter in accordance with Chapter 1.16 BIMC. (Ord. 2003-28 § 4, 2003: Ord. 82-20 § D(1), 1982)

13.16.015 Miscellaneous utility fees.

A. The city shall charge an appropriate fee in an amount established by the city by resolution for the following utility-related services:

1. Notice of turn-off;

2. Seasonal turn-off;

3. Restoration of service;

4. Notice of delinquency;

5. Additional notice or collection letter;

6. Bill to person other than property owner;

7. Duplicate bill or delinquency notice;

8. Transfer of ownership or billed person;

9. New account service;

10. Meter reread;

11. Request for leak check; and

12. Work by city staff at customer request.

B. Whenever any person turns on utility service which has not been authorized by the city, the person shall pay a fee in the amount established by the city by resolution. (Ord. 97-36 § 3, 1997; Ord. 97-09 § 3, 1997; Ord. 92-24 § 8, 1992)

13.16.020 Delayed benefit charge (latecomer agreement).

Repealed by Ord. 2002-01. (Ord. 94-29 §§ 16, 18, 1995; Ord. 82-20 § D(2), 1982)

13.16.025 Fees.

Repealed by Ord. 2002-01. (Ord. 94-29 § 17, 1995)

13.16.030 Sewer and water connection – Generally.

The regulations and charges set forth in BIMC 13.16.040 and 13.16.050 shall apply to all connections to the city sewer and/or water systems. (Ord. 82-20 § D(3), 1982)

13.16.040 Sewer and water connection – System participation.

A. Regulations.

1. Owners of property requesting a binding commitment for a limited reservation of water or sewer system capacity shall pay, prior to receiving the binding commitment, a nonrefundable deposit equal to 10 percent of the applicable water and sewer system participation fees, as established by resolution of the city council. The balance due on such water and sewer participation fees shall be paid at the time a request to connect is made and prior to connecting to the city’s water or sewer system.

2. Owners of property requesting a binding commitment for an unlimited reservation of water or sewer system capacity shall pay the full amount of applicable water and sewer system participation fees, as established by resolution of the city council.

3. All applicable water and sewer system connection, inspection, and testing fees and charges, as established by resolution of the city council, shall be paid at the time a request to connect is made and prior to connection with the city water and sewer systems, unless an extension of time is authorized pursuant to subsection A.4 of this section.

4. The city council’s finance committee may authorize an extension of time within which to pay fees and charges due under subsections A.1, A.2, and A.3 of this section if all of the following conditions are met:

a. The property to be served by the city’s system contains an existing structure which will receive service;

b. The property to be served is within the city’s service area;

c. The city is requiring the property to be served to immediately connect to the city’s system, due to public health or other reasons;

d. The payment of the fees and charges under subsections A.1, A.2 and A.3 of this section would place an excessive financial burden on the natural person legally responsible for the payment; and

e. The property owner or other person responsible for payment of the fees and charges agrees to a payment schedule, evidenced by a promissory note in the form determined by the city, and a lien against the property to be served to secure payment of the fees and charges.

5. An owner of property which is used for multifamily residential and commercial purposes and which is connected to the city’s sewer or contract sewer system shall not install any additional fixtures on such property without prior approval by the city. Any owner of multifamily residential and/or commercial property seeking to install additional fixtures on such property shall make application to the city for such installation on a form to be provided by the city and shall pay all applicable costs and fees for these additional fixtures, as provided in subsections A.1, A.2, and A.3 of the section.

6. Service charges shall commence when a connection is completed.

7. There shall be no refunds of participation fees or other charges paid to the city except as otherwise provided by this title.

a. Fees. System participation fees and charges are shown in Section E of Ordinance 82-20, as amended, on file in the office of the city clerk.

b. An owner of property which is connected to the city’s water or sewer system shall not replace a city water meter without prior approval by the city. Any owner seeking to replace a city water meter serving the property with a city water meter of a smaller size shall make application to the city for such replacement on a form to be provided by the city. No system participation fee for water or sewer shall be charged to replace the city water meter. A full connection fee shall be charged as provided by resolution of the city council to reimburse the city for the cost of the new city water meter, fittings and installation.

c. Owners of property currently connected to the city’s water, sewer, or contract sewer system shall make application to the city on a form to be provided by the city to change from one water or sewer service use to another, to increase the size of a city water meter, or to add a city water meter. The owner shall pay the applicable water or sewer system participation fees provided in subsections A.1, A.2, and A.3 of this section, against which fees they shall receive a credit in the amount of water or sewer system participation fees applicable to the current city water or sewer service use or current size of city water meter, as established by resolution of the city council. (Ord. 2006-07 § 1, 2006: Ord. 2002-16 § 1, 2002; Ord. 98-24 § 2, 1999; Ord. 95-21 § 1, 1995; Ord. 82-20 § D(3)(A), 1982)

13.16.050 Installation and connection to water and/or sewer lines.

A. All installation on private property shall be accomplished by the property owner or a licensed contractor. Inspection and approval of private lines shall be obtained prior to backfilling the trench.

B. Connection to City Water Lines by City Forces. All water connections shall be made in accordance with Chapter 13.08 BIMC. Fees and charges are shown in Section E of Ordinance 82-20, as amended, on file in the office of the city clerk.

C. Connection to City Water Lines by Plumbers or Contractors.

1. All plumbers and contractors must obtain an installation permit from the city.

2. Connection accomplished by other than city employees shall be periodically inspected and approved by the city prior to backfilling the trench.

3. All water connections shall be made in accordance with Chapter 13.08 BIMC.

4. Fees and charges are shown in Section E of Ordinance 82-20, as amended, on file in the office of the city clerk.

D. Connection to City Sewer Lines by City Forces. All sewer connections shall be made in accordance with Chapter 13.12 BIMC. Fees and charges are shown in Section E of Ordinance 82-20, as amended, on file in the office of the city clerk.

E. Connection to City Sewer Lines by Plumbers or Contractors.

1. All plumbers and contractors must obtain an installation permit from the city.

2. Connection accomplished by other than city employees shall be periodically inspected and approved by the city prior to backfilling the trench.

3. All sewer connections shall be made in accordance with Chapter 13.12 BIMC.

4. Fees and charges are shown in Section E of Ordinance 82-20, as amended, on file in the office of the city clerk.

F. Backflow Protection Device. The city shall require installation of a backflow protection device where in the judgment of the city such device is required to comply with the State Board of Health Regulations or the Uniform Plumbing Code. The cost of such device and installation shall be borne by the property owner. Inspection and approval of the backflow device and installation shall be obtained prior to approval of the connection. (Ord. 82-20 § D(3)(B), 1982)

13.16.060 Automatic annual fee adjustment.

A. All rates described in Section E of Ordinance 82-20, as amended, shall be subject to an adjustment beginning with the January billing period of each year equal to the annual percentage increase in the United States Consumer Price Index, All Urban Consumers (CPI-U) for November of the preceding year as shown in the release from the Bureau of Labor Statistics plus two percent.

B. The January billing period for those rates based on meter readings will begin with the December 15th reading of the preceding year.

C. In calculating the annual adjustment the city shall round off all final calculations to the nearest cent where the rate provides for cents and to the nearest dollar where the rate does not provide for cents. (Ord. 2000-49 § 1, 2000: Ord. 99-55 § 1, 1999: Ord. 87-05 § 1, 1987: Ord. 83-01 § 1, 1983: Ord. 82-20 § D(4), 1982)

13.16.070 Payment for water and sewer service.

A. Water and/or sewer service accounts shall be billed monthly on or before the tenth day of the month succeeding the month in which such service is furnished. Water meters shall be read monthly and the billings shall be based upon that reading. All bills are the responsibility of the owner of the property served. Bills may be sent to a person other than the owner at the owner’s written request, which request must contain a commitment to pay on demand all amounts not paid by the person billed.

B. All charges for sewer and/or water service shall be due and payable on the last day of the month in which the bill was sent; provided, that the bill shall not be due less than 20 days from the date of billing. If the whole or any portion of the water and/or sewer charge remains unpaid after the due date, the account shall be delinquent. All delinquent water and/or sewer accounts shall be subject to a monthly penalty charge of 10 percent of the amount of the delinquent service charges. In addition, accounts which are delinquent more than 120 days shall be subject to interest at the rate of eight percent per annum on the entire amount of the service charges owing and unpaid. (Ord. 97-09 § 5, 1997; Ord. 87-10 § 1, 1987; Ord. 84-29 § 1, 1984; Ord. 82-20 § D(5), 1982)

13.16.075 Closing bills.

Once the city has received notice of the pending sales of a property served by the city’s water and/or sewer utility, instead of the rates and charges set forth under Section E of Ordinance 82-20, as amended, monthly rates and charges for the specified property shall be set on a per diem basis equivalent to the highest monthly charges levied on that property during the immediately preceding 12 months divided by 30. These per diem rates shall either continue until the sale is closed or for 60 days, whichever occurs first. (Ord. 97-09 § 4, 1997)

13.16.080 Low income senior citizen discount.

Low income senior citizens who meet the requirements set forth in BIMC 13.16.084 and 13.16.086 shall be entitled to a reduction in water, sewer, and storm and surface water service charges as established by the city by resolution. (Ord. 92-26 § 3, 1992: Ord. 82-20 § D(6), 1982)

13.16.082 Disabled citizen discount.

Low-income disabled citizens who meet the requirements set forth in BIMC 13.16.084 and 13.16.086 shall be entitled to a reduction in the city’s water, sewer, and storm and surface water service charges as established by the city by resolution. For the purposes of this chapter, a disabled citizen is a person who is disabled as defined by the Social Security Administration and who receives Social Security benefits, or any other benefits, for that disability from any governmental source. (Ord. 2005-04 § 1, 2005: Ord. 92-26 § 4, 1992: Ord. 88-16 § 19, 1988: Ord. 85-06 § 1, 1985)

13.16.084 Application for discount.

In order to qualify for the rate reductions set forth in BIMC 13.16.080 and 13.16.082, a person must file an application for the reduction with the city clerk prior to January 1st of the year for which the rate reduction is desired. Persons qualifying for the discount after the first of the year may apply at any time at least 30 days prior to the billing date upon which the rate reduction is to be effective. Applicants must meet the requirements for eligibility set forth in BIMC 13.16.086. (Ord. 92-26 § 5, 1992: Ord. 85-06 § 2, 1985)

13.16.086 Requirements for eligibility for discount.

A. The rate reduction shall only apply to utility charges for service to a residence. The residence for which the rate reduction is requested must be the applicant’s principal place of residence.

B. The applicant must be the head of the household for the residence for which the rate reduction is requested.

C. The utility account must be in the applicant’s name or the name of the applicant’s spouse or in the name of a cooperative or condominium association. In situations where the utility account is in the name of a cooperative or condominium association, that organization must guarantee to the city that the full benefit of any rate reduction shall be received by the qualifying individuals under BIMC 13.16.080 or 13.16.082.

D. No person may claim a rate reduction for more than one dwelling unit during the same billing period.

E. The rate reduction authorized by BIMC 13.16.080 shall not be used in conjunction with the rate reduction authorized by BIMC 13.16.082.

F. For purposes of this chapter, a “senior citizen” is a person who is at least 62 years of age on the date of the person’s application for a utility rate reduction under this chapter.

G. For purposes of this chapter, “low income” means that the person has a combined disposable income in an amount that would qualify the person for property tax exemption under RCW 84.36.381(5). “Combined disposable income” shall be defined as stated in RCW 84.36.383. (Ord. 2005-26 § 1, 2005: Ord. 92-26 § 6, 1992: Ord. 85-06 § 3, 1985)

13.16.090 Enforcement of sewer and water liens.

A. All charges for sanitary sewage disposal service and for connections thereto, together with penalties and interest thereon as provided in this title and by statute, shall be a lien upon the property to which such connection is made or such service furnished, superior to all other liens or encumbrances except those for general taxes, special assessments, and city water service. A sewer lien shall be effective for a total not to exceed one year’s delinquent service charges without the necessity of any writing or recording of the lien with the county auditor. Enforcement and foreclosure of any sewer lien shall be in the manner provided by state law.

B. As an additional and concurrent method of enforcing a sewer lien authorized by this section and state law, the city may shut off the water service to the premises to which such sewer service was furnished or connections

made after the charges became delinquent and unpaid, until the charges are paid, subject to the conditions set forth in state law.

C. All charges for water service shall be a lien upon the premises and shall be enforceable by shutting off water service until the delinquent bill is paid, subject to the conditions set forth in state law. When water service is shut off pursuant to this section, the water shall not be turned on again until the entire amount owed on the account is paid in full together with a turnon charge as established by resolution of the city council. (Ord. 97-09 § 6, 1997; Ord. 93-18 § 1, 1993: Ord. 92-26 § 11, 1992: Ord. 88-16 § 20, 1988: Ord. 82-20 § D(7), 1982)

13.16.100 Effect of title on existing contracts or agreements.

This title will not annul contracts or agreements in existence at the time of the adoption of the ordinance codified in this title. (Ord. 82-20 § D(8), 1982)

13.16.110 Penalty and enforcement provisions.

A. It is unlawful for any person, unless duly authorized, to disturb, interfere with, or damage any water main, or sewer pipe, machinery, tools, meters or other appliances, buildings, improvements, or other appurtenances belonging to, connected with, or under the control of city water and/or sanitary sewage disposal system.

B. It shall be the duty of the employees of the police, fire and other departments of the city to aid in the enforcement of provisions of this title and they shall report all violations thereof which come to their knowledge.

C. Except as otherwise provided in this title, any person feeling aggrieved for any decision or action made or taken pursuant to this title may appeal to the city council by filing written notice of appeal within 10 days following notification of such decision or action. Such notice of appeal shall set forth in reasonable detail the action or decision appealed from, and the appellant’s grounds for reversal or modification thereof. (Ord. 92-26 § 10, 1992: Ord. 82-20 § D(9), 1982)

Chapter 13.18
MAIN EXTENSIONS

Sections:

13.18.010 Location of water, sewer and storm drainage main extensions.

13.18.020 Abandonment of wells and septic systems.

13.18.030 Oversizing and additional length reimbursement.

13.18.010 Location of water, sewer and storm drainage main extensions.

Whenever water, sewer and storm drainage mains are extended, main extensions shall also be extended along or through the property being served by the extension so that utility service can be provided to other properties beyond the property being served. The specific location of the extension through or along the property shall be determined by the city at the time of application and shall conform to the city’s water, sewer and storm and surface water system plans for the area where the property is located. Generally, main extensions shall be required along the full frontage of rights-of-way adjacent to the property being developed and served by the main extension and may also be required through the property being developed so that utility service can be provided to other properties not fronting the right-of-way. (Ord. 2002-02 § 4, 2002)

13.18.020 Abandonment of wells and septic systems.

Existing wells and septic systems shall be abandoned in accordance with applicable state and local laws and regulations at the owner’s expense no later than at the time the property being served by the well or septic system is connected to and receives services from the city’s utility systems; provided, that existing wells may be retained for irrigation use only on the condition that the domestic water connection to the properties to be irrigated by the well water incorporate a reduced pressure backflow assembly in accordance with city standards. (Ord. 2002-02 § 4, 2002)

13.18.030 Oversizing and additional length reimbursement.

Water, sewer and storm and surface water main extensions shall be sized and configured in accordance with this code, resolutions and water and sewer system plans. If main extension sizing required by the public works director exceeds the minimum allowable extension pipe sizing for the project, the city, acting by and through the public works director, shall reimburse the developer installing the oversized main the differential cost in materials and installation for the greater pipe size. Prior to the installation of the main extension subject to oversizing reimbursement, the developer shall provide the public works director with certified bids for the cost of minimum allowable extension pipe size as installed and the greater pipe size required by the public works director as installed for review and approval by the public works director to determine the differential cost. Additionally, the oversizing reimbursement section may be applied to those situations where the public works director requests an additional length of pipe to be constructed beyond the minimum allowable pipe length required by the project. The city, acting by and through the public works director, shall reimburse the developer for the differential cost of the pipe oversizing within 60 days of the final acceptance of the installed main extension. (Ord. 2002-02 § 4, 2002)

Chapter 13.20
BACKFLOW PREVENTION

Sections:

13.20.010 Definitions.

13.20.020 Cross-connections declared unlawful.

13.20.030 Backflow prevention devices to be installed.

13.20.040 Regulation of private water supplies.

13.20.050 Adoption of state regulations.

13.20.060 Abatement of unlawful cross-connections and installation of backflow prevention devices – Procedures.

13.20.070 Penalties.

13.20.010 Definitions.

A. “Backflow” means a flow, other than the intended direction of flow, of any foreign liquids, gases or substances into the distribution system of a public water supply.

B. “Backflow prevention device” means a device approved by the State of Washington Department of Social and Health Services, or such other state department as has jurisdiction over the subject matter, and by the American Water Works Association, used to counteract back pressure or prevent back siphonage into the distribution system of a public water supply.

C. “Cross-connection” means any physical arrangement whereby a public water supply is connected, directly or indirectly, with any other water supply system, sewer, drain, conduit, pool, storage reservoir, plumbing fixture or other device which contains or may contain contaminated water, sewage or other wastes or liquids of unknown or unsafe quality, which may be capable of imparting contamination to a public water supply as a result of backflow. (Ord. 85-21 § 1, 1985)

13.20.020 Cross-connections declared unlawful.

The installation or maintenance of a cross-connection, which, in the opinion of the city engineer or his designee, will endanger the water quality of the potable water supply of the city of Bainbridge Island is unlawful. (Ord. 85-21 § 1, 1985)

13.20.030 Backflow prevention devices to be installed.

Backflow prevention devices, when required to be installed in the opinion of the city engineer or his designated representative, shall be installed and maintained by the service customer on any service connection to the city of Bainbridge Island water supply system where the backflow prevention devices are necessary for the protection of the city of Bainbridge Island’s water supply. (Ord. 85-21 § 1, 1985)

13.20.040 Regulation of private water supplies.

Use or operation of a private water supply system, contrary to the provisions of the ordinances of the city of Bainbridge Island, or the laws of the state or the rules and regulations of the state Board of Health regarding public water supplies where the private system is served by the city public water supply is unlawful. (Ord. 85-21 § 1, 1985)

13.20.050 Adoption of state regulations.

Rules and regulations of the state Board of Health regarding public water supplies, entitled “Cross-Connection Control Regulations in Washington State,” WAC 248-54-250 through 248-54-500, and the American Water Works Association, Pacific Northwest Section’s third edition of “Accepted Procedure and Practice in Cross-Connection Manual” as they presently exist, and as they may from time to time be amended in the future, are adopted by this reference as if set forth in full. (Ord. 85-21 § 1, 1985)

13.20.060 Abatement of unlawful cross-connections and installation of backflow prevention devices – Procedures.

Cross-connections declared in this chapter to be unlawful, whether presently existing or hereinafter installed, and/or services requiring backflow prevention devices and/or unlawful use or operation of a private water supply system served by the city public water supply are public nuisances, and, in addition to any other provisions of this code or the ordinances of the city of Bainbridge Island on abatement of public nuisances, shall be subject to abatement in accordance with the following procedure:

A. In the event that the city engineer or his designee determines that a nuisance as herein provided does exist, written notice shall be sent to the person in whose name the water service is established under the records of the city of Bainbridge Island, or alternatively, a copy of such written notice shall be posted on the premises served.

B. The notice shall provide that the nuisance described herein shall be corrected within 30 days of the date the notice is mailed or posted on the premises.

C. In the event the nuisance is not abated within the prescribed time, water service to the premises shall be discontinued.

D. In the event that the nuisance, in the opinion of the city engineer, or his designated representative, presents an immediate danger of contamination to the public water supply, service from the city water supply system to the premises may be terminated without prior notice; provided, however, notice will be posted on the premises in the manner heretofore provided at the time the service is terminated. (Ord. 85-21 § 1, 1985)

13.20.070 Penalties.

In addition to the remedies set forth herein, any person found guilty of violating any of the provisions of this chapter shall be subject to the penalties as set forth in BIMC 1.24.010. (Ord. 85-21 § 1, 1985)

Chapter 13.24
STORM AND SURFACE WATERS

Sections:

13.24.010 Utility established.

13.24.015 Jurisdiction.

13.24.020 Plan adopted.

13.24.030 Transfer of property.

13.24.040 Cost.

13.24.050 Definitions.

13.24.060 Fee imposed.

13.24.065 Automatic annual fee adjustment.

13.24.070 Single-family and duplex residential fees.

13.24.081 Condominium unit fees.

13.24.080 Commercial/multiple fees.

13.24.082 Impervious surface area rate reductions.

13.24.084 On-site mitigation rate reduction.

13.24.085 Rate for disconnection of property with disconnected roof drains.

13.24.086 Application for rate reductions – Appeal.

13.24.089 Streets and roads charge.

13.24.090 State highway charge.

13.24.100 Billing and payment.

13.24.110 Remedies – Termination of water service.

13.24.120 Lien for service – Interest.

13.24.130 Inspections – Right of entry – Emergency.

13.24.200 Repealed.

13.24.010 Utility established.

There is created and established a storm and surface water utility. The utility shall be administered under direction of the mayor or designee. (Ord. 86-27 § 1, 1986)

13.24.015 Jurisdiction.

The city shall have jurisdiction over all storm and surface water facilities within the city. No modifications or additions shall be made to the city’s storm and surface water facilities without the prior approval of the city. (Ord. 91-49 § 1, 1991)

13.24.020 Plan adopted.

The system or plan of the storm and surface water utility shall be (1) as set forth on Figures 1 and 6 of the Plan prepared by Gardner Engineers, Inc., and Warren Consultants, Inc., dated July 22, 1985 and adopted by the city council on August 15, 1985, which figures and plan are incorporated by this reference as if set forth in full, and (2) for all land within the city’s boundaries which is not covered by Figures 1 and 6, all natural and man-made drainage conveyance systems from the point of the first contact of rainfall with the land to Puget Sound. (Ord. 91-49 § 2, 1991: Ord. 86-27 § 1, 1986)

13.24.030 Transfer of property.

All properties, property rights and interests of every kind or nature owned or held by the city, however acquired, insofar as they relate to or concern storm or surface water sewage are transferred to the storm and surface water utility, including by way of examples and not limitation, all properties, rights and interests acquired by adverse possession or by prescription in and to the drainage and storage of storm or surface waters over and under lands, watercourses, streams, ponds and sloughs to the full extent of inundation caused by the largest storm or flood condition. (Ord. 86-17 § 1, 1986)

13.24.040 Cost.

Since the city now owns all the facilities, rights and interests set forth in BIMC 13.24.020 and 13.24.030, there is no estimated cost. (Ord. 86-27 § 1, 1986)

13.24.050 Definitions.

The following definitions shall apply to this chapter:

A. “Commercial/multiple property” means and includes all property zoned or used for multifamily, commercial or retail uses.

B. “Impervious area” means any part of any parcel of land that has been modified by the action of persons to reduce the land’s natural ability to absorb and hold rainfall. This includes areas which have been cleared, graded, paved or compacted. Excluded, however, are all lawns, agricultural areas, and landscaped area. (Ord. 86-28 § 1, 1986)

13.24.060 Fee imposed.

The owners of all real property in the city which contributes drainage water to and/or which benefits from the city’s storm water utility shall pay a monthly fee as set forth in this chapter. (Ord. 86-28 § 2, 1986)

13.24.065 Automatic annual fee adjustment.

The fees described in BIMC 13.24.070, as now existing and as subsequently amended, shall be adjusted on an annual basis beginning January 1st of each year, unless the city council determines by December 31st of any year that the adjustment shall not occur for the next year. The adjustment shall be equal to the annual rate of increase in the Seattle Area Consumer Price Index (CPI-U) for the most recent period available prior to January 1st. (Ord. 2000-48 § 1, 2000: Ord. 99-50 § 1, 1999)

13.24.070 Single-family and duplex residential fees.

The monthly service fee for each single-family and duplex residential dwelling from January 1, 2008, through December 31, 2008, shall be $12.47; provided, that the ratio of impervious to pervious surface of the lot shall not exceed 50 percent. If the ratio of impervious to pervious surfaces exceeds 50 percent, the rate established in BIMC 13.24.080 shall apply. (Ord. 2007-39 § 1, 2007: Ord. 2006-26 § 1, 2006: Ord. 2005-34 § 1, 2005: Ord. 2003-50 § 1, 2003; Ord. 2000-48 § 2, 2000: Ord. 99-50 § 2, 1999: Ord. 86-28 § 3, 1986)

13.24.080 Commercial/multiple fees.

The monthly fee for all commercial/multiple property shall be calculated according to the following formula:

(Impervious area ÷ 3,000 sq. ft.) × single-family and duplex rate = rate.

(Ord. 86-28 § 4, 1986)

13.24.081 Condominium unit fees.

The monthly service fee for each condominium unit shall be the rate charged for single-family dwellings under BIMC 13.24.070. (Ord. 2004-01 § 1, 2004; Ord. 2003-50 § 2, 2003)

13.24.082 Impervious surface area rate reductions.

For any property other than a single-family residence or a duplex residential dwelling:

A. The storm and surface water service monthly fee charged for the property for impervious areas consisting of gravel shall be 80 percent of the rate for impervious areas set forth in BIMC 13.24.080;

B. The storm and surface water service monthly fee charged for the property for impervious areas consisting of packed dirt shall be 50 percent of the rate for impervious areas set forth in BIMC 13.24.080; and

C. The storm and surface water service monthly fee charged for the property for impervious areas which are cleared but not compacted shall be 40 percent of the rate for impervious areas set forth in BIMC 13.24.080.

The rate reduction authorized by this section shall not reduce the total storm and surface water service monthly fee to less than 50 percent of the monthly fee required pursuant to BIMC 13.24.080, and shall not be used in conjunction with any other rate reduction authorized by this title. (Ord. 92-26 § 7, 1992)

13.24.084 On-site mitigation rate reduction.

For any property other than a single-family residence or duplex residential dwelling, if the property owner (1) has been required by either the city or Kitsap County since January 1, 1985, to construct an on-site stormwater mitigation facility as a condition of the property’s development or (2) has constructed voluntarily since January 1, 1985, an on-site stormwater mitigation facility serving the property and exceeding city standards at the time of construction, the city may at its sole discretion reduce by up to 50 percent the storm and surface water service monthly fee charged for the property pursuant to BIMC 13.24.080. The rate reduction authorized by this section shall not be used in conjunction with any other rate reduction authorized by this title. (Ord. 2007-39 § 2, 2007: Ord. 92-26 § 8, 1992)

13.24.085 Rate for disconnection of property with disconnected roof drains.

For any property where the property owner, at any time prior to a notice of corrective work, or within the time period provided by a notice of corrective work issued to the property owner pursuant to BIMC 13.14.060, disconnects all roof drains located on the property from the city’s sanitary sewer system and permanently seals the ingress point(s) of the drain(s), the city shall waive the annual storm and surface water service fee otherwise assessed against the property pursuant to this chapter for a period of three years from the date of the disconnection. Upon the expiration of the three-year waiver provided in this section, the property shall again be assessed at the applicable rate, as provided by this chapter. (Ord. 99-23 § 2, 1999)

13.24.086 Application for rate reductions – Appeal.

A. In order to qualify for the rate reductions set forth in BIMC 13.24.082, 13.24.084 and 13.24.085, the property owner must file an application with the director of finance by November 15th of the year prior to the year in which the rate reduction is to be effective.

B. Any person aggrieved by any decision of the director of finance relating to an application for the rate reductions authorized by BIMC 13.24.082, 13.24.084 and 13.24.085 may appeal the director’s decision by filing a writ of review with the superior court of the county within 30 days of the date of the director’s decision. (Ord. 99-23 § 3, 1999: Ord. 93-43 § 1, 1993; Ord. 92-26 § 9, 1992)

13.24.089 Streets and roads charge.

The monthly fee for city-owned right-of-way shall be 100 percent of the fee provided in BIMC 13.24.080. (Ord. 2007-39 § 3, 2007: Ord. 2006-26 § 2, 2006)

13.24.090 State highway charge.

Pursuant to RCW 90.03.525 the monthly fee for state highway right-of-way shall be 30 percent of the fee provided in BIMC 13.24.080, unless the city and state agree to a different rate, or unless a court of competent jurisdiction holds otherwise. (Ord. 86-28 § 5, 1986)

13.24.100 Billing and payment.

A. Except as otherwise provided in subsection B of this section, storm and surface water utility fees shall be billed annually by Kitsap County on behalf of the city in conjunction with the county’s property tax bill. Storm and surface water utility fees billed pursuant to this paragraph shall be due and payable semiannually on the same dates each year that the county’s property tax bill is due and payable, and shall be delinquent if not paid by the due date. All delinquent accounts billed pursuant to this paragraph will be subject to a monthly penalty charge of one percent of the amount that is delinquent.

B. During the calendar year 1994, the city shall bill storm and surface water utility service accounts which the city billed on a monthly basis in 1993, and such other accounts as deemed appropriate by the director of finance, on a monthly basis. Storm and surface water utility fees billed pursuant to this paragraph shall be due and payable during the 20-day period following the billing date, and shall be delinquent if not paid by the due date. All delinquent accounts billed pursuant to this paragraph will be subject to a monthly penalty charge of 10 percent of the amount that is delinquent. (Ord. 94-01 § 1, 1994; Ord. 93-43 § 2, 1993; Ord. 92-03 § 1, 1992: Ord. 86-28 § 6, 1986)

13.24.110 Remedies – Termination of water service.

The mayor or designee is authorized to terminate water service to any customer who fails to pay the storm water utility fees imposed by this chapter in the same manner as delinquent water bills. Termination of such water service shall not limit other remedies available to the city. (Ord. 86-28 § 7, 1986)

13.24.120 Lien for service – Interest.

Pursuant to RCW 35.67.200 et seq., the city shall have a lien for delinquent and unpaid storm water sewer charges. A sewer lien shall be effective for a total not to exceed one year’s delinquent service charges without the necessity of any writing or recording of the lien with the county auditor. Enforcement and foreclosure of any sewer lien shall be in the manner provided by state law. Interest on the unpaid balance shall be eight percent per annum or higher rate as authorized by law. (Ord. 93-18 § 2, 1993: Ord. 92-26 § 12, 1992: Ord. 86-28 § 8, 1986)

13.24.130 Inspections – Right of entry – Emergency.

The engineer or other city officials or employees of the city may enter any building or property to perform duties imposed by this chapter in accordance with Chapter 1.16 BIMC. (Ord. 2003-28 § 5, 2003: Ord. 91-49 § 3, 1991)

13.24.200 Severability.

Repealed by Ord. 2003-24. (Ord. 86-27 § 1, 1986)

Chapter 13.28
SOLID WASTE MANAGEMENT

Sections:

13.28.020 Definitions.

13.28.040 Minimum levels of recyclables collection.

13.28.050 Drop boxes for voluntary collection.

13.28.060 Solid waste collection and recycling rates.

13.28.080 City notification of WUTC tariff filings.

13.28.100 Program promotion and education requirements.

13.28.120 Certificated hauler’s customer service responsibilities.

13.28.140 Reporting requirements.

13.28.180 Full program implementation.

13.28.020 Definitions.

The following definitions shall apply in the interpretation and enforcement of this title:

“Agricultural wastes” means nondangerous wastes on farms resulting from the production of agricultural products including but not limited to manures and carcasses of dead animals weighing each or collectively in excess of 15 pounds.

“Asbestos-containing waste material” means any waste that contains asbestos. This term includes, but is not limited to, asbestos waste from control devices, contaminated clothing, asbestos waste material, materials used to enclose the work area during an asbestos project, and bags or containers that previously contained asbestos.

“Ashes” means the residue from combustion or incineration of material including solid wastes and any air pollution control equipment flue dusts.

“Bulky waste” means large items of refuse, such as appliances, furniture, and other oversize wastes which would typically not fit into reusable solid waste containers.

“Certified hauler or certificated hauler” means any person engaged in the business of solid waste handling having a certificate granted by the Washington Utilities and Transportation Commission for that purpose.

“Clean soils and clean dredge spoils” means soils and dredge spoils which are not dangerous wastes or problem wastes as defined in this chapter.

“Commercial hauler” means any person, firm or corporation including but not limited to “certificated hauler,” as defined herein, collecting or transporting solid waste for hire or consideration.

“Compacted waste” means any solid waste whose volume is less than in the loose condition as a result of compression.

“Dangerous wastes” means any solid waste designated as dangerous waste by the Washington State Department of Ecology under Chapter 173-303 WAC.

“Demolition wastes” means largely inert solid waste resulting from the demolition, razing or construction of buildings, roads, and other man-made structures. Demolition waste consists of, but is not limited to, concrete, brick, bituminous concrete, wood and masonry, composition roofing and roofing paper, steel, and minor amounts of other metals like copper. Plaster (i.e., sheet rock or plaster board) or any other material, other than wood, that is likely to produce gases or a leachate during the decomposition process and asbestos wastes are not considered to be demolition waste for the purposes of this chapter.

“Disposal” means the discharge, deposit, injection, dumping, leaking, or placing of any solid waste into or on any land or water.

“Disposal facility” is a disposal site or intermediate solid waste handling facility. This includes, but is not limited to, transfer stations included as part of the county disposal system, landfills, incinerators, composting plants, and facilities for the recycling or recovery of resources from solid wastes or the conversion of the energy from such wastes to more useful forms or combinations thereof.

“Disposal site” means a site or sites approved by the Washington State Department of Ecology where any final treatment, utilization, processing or disposition of solid waste occurs.

“Disposal system” means the system of disposal facilities, rules and procedures established pursuant to this title.

“Drop box facility” means a facility used for the placement of a detachable solid waste container, i.e., drop boxes, including the area adjacent for necessary entrance and exit roads, unloading, and turnaround areas. Drop box facilities normally serve the general public with loose loads and receive waste from off-site. Drop box facilities may also include containers for separated recyclables.

“Energy resource recovery” means the recovery of energy in a usable form from mass burning or refuse derived fuel incineration, pyrolysis or any other means of using the heat of combustion of solid waste that involves high temperature (above 1,200 degrees Fahrenheit) processing.

“Garbage” means unwanted animal and vegetable wastes and animal and vegetable wastes resulting from the handling, preparation, cooking and consumption of food, swill, and carcasses of dead animals and of such a character and proportion as to be capable of attracting or providing food for vectors, except sewage and sewage sludge.

“Hazardous wastes” means and includes, but is not limited to explosives, medical wastes, radioactive wastes, pesticides and chemicals which are potentially harmful to the public health or the environment. Unless otherwise defined by the Kitsap County Board of Health, such waste shall have the meaning as defined by the Washington State Department of Ecology and the Washington Administrative Code.

“Hazardous waste management plan” means a plan for managing moderate risk wastes, pursuant to RCW 70.105.220.

“Industrial solid wastes” means waste by-products from manufacturing and fabricating operations such as scraps, trimmings, packing, and other discarded materials not otherwise designated as dangerous waste under Chapter 173-303 WAC.

“Interim solid waste handling facility” means any intermediate treatment, utilization or processing site engaged in solid waste handling which is not the final disposal site. Transfer stations, drop boxes, baling and compaction sites, source separation centers, intermediate processing facilities, mixed waste processing facilities and treatment facilities are considered intermediate solid waste handling sites.

“Intermediate processing facility” means any facility that sorts mixed recyclables from source separation programs to divide them into individual component recyclable materials or to process them for marketing.

“Landclearing wastes” means solid wastes resulting from the clearing of land for new construction and includes, but is not limited to, stumps and other vegetation, and other plant or mineral wastes.

“Landfill” means a disposal site or part of a site at which waste is placed in or on land and which is not a landspreading disposal facility.

“Landspreading disposal facility” means a facility that applies sludge or other solid wastes onto or incorporates solid waste into the soil surface at greater than vegetative utilization and soil conditioners/immobilization rates.

“Liquid” means a substance that flows readily and assumes the form of its container but retains its independent volume.

“Littering” means to accumulate, or place, throw, deposit, put into or in any land or water or otherwise dispose of refuse including rubbish, ashes, garbage, dead animals, industrial refuse, commercial waste and all other waste material of every kind and description in any manner except as authorized by this chapter.

“Medical waste” means all waste so defined by the Bremerton/Kitsap County Health Department rules and regulations and as such rules and regulations as may be amended.

“Mixed waste processing” means sorting of solid waste after collection from the point of generation in order to remove recyclables from the solid waste to be disposed.

“Moderate risk waste” means:

1. Any waste that exhibits any of the properties of hazardous waste but is exempt from regulation under Chapter 70.105 RCW solely because the waste is generated in quantities below the threshold for regulation; and

2. Any household wastes which are generated from the disposal of substances identified by the Department of Ecology as hazardous household substances.

“Multifamily structure” means any residential structure receiving solid waste collection service as an entire structure or complex and the structure or complex is billed for solid waste collection service as a whole and not by individual dwelling units.

“Noncommercial user” means any person not engaged in the business of solid waste handling.

“Operating hours” means those times during which disposal facilities are normally open and available for the delivery of solid wastes.

“Plan” means the coordinated comprehensive solid waste management plan for the city as required by Chapter 70.95 RCW.

“Problem wastes” means:

1. Soils removed during the cleanup of a remedial action site, or a dangerous waste site closure or other cleanup efforts and actions and which contain harmful substances but are not designated dangerous wastes; or

2. Dredge spoils resulting from the dredging of surface waters of the state where contaminants are present in the dredge spoils at concentrations not suitable for open water disposal and the dredge spoils are not dangerous wastes and are not regulated by the Federal Clean Water Act.

“Procurement policy” means the development and implementation of a policy which achieves the purchase of products made from recycled and/or recyclable goods.

“Reclamation site” means a location used for the processing or the storage of recycled waste.

“Recyclables” means any material that can be kept out of or recovered from solid waste and the resources therein be transformed and/or reused including, but not limited to, mixed paper, newsprint, cardboard, aluminum, glass, plastics, chemicals, oil, wood, compostable organics (food and yard debris), ferrous metal, and inorganics (rubble and inert material).

“Recycling” means either source separation or the processing of solid waste mechanically or by hand to segregate materials for sale or reuse. Materials which can be removed through recycling include but are not limited to mixed paper, newsprint, cardboard, aluminum, glass, plastics, chemicals, oil, wood, compostable organics (food and yard debris), ferrous metal, and inorganics (rubble and inert material). Recycling does not include combustion of solid waste or preparation of a fuel from solid waste.

“Refuse” means garbage, rubbish, ashes, swill and all other putrescible and nonputrescible wastes, except sewage, from all public and private establishments and residences.

“Reuse” means the return of a commodity into the economic stream for use.

“Rubbish” means all nonputrescible wastes from all public and private establishments and from all residences.

“Secured load” means a load of solid waste which has been secured or covered in the vehicle in a manner that will prevent any part of the solid waste from leaving the vehicle while the vehicle is moving.

“Single-family dwelling” means any residential unit receiving solid waste collection service as an individual unit and the dwelling is billed for solid waste collection service as an individual dwelling.

“Solid waste” means all putrescible and nonputrescible solid and semisolid wastes, except wastes identified in WAC 173-304-015, including but not limited to garbage, rubbish, ashes, industrial wastes, swill, demolition and construction wastes, abandoned vehicles or parts thereof, discarded commodities, sludge from wastewater treatment plants and septage from septic tanks, woodwaste, dangerous waste, and problem wastes. This includes all liquid, solid and semisolid materials which are not the primary products of public, private, industrial, commercial, mining and agricultural operations. Unrecovered residue from recycling operations shall be considered solid waste.

“Solid waste management” means the systematic administration of activities which provide for the reduction in generated volume, source separation collection, storage, transportation, transfer, recycling, processing, treatment and disposal of solid waste. This includes public education and marketing activities.

“Source separation” means the process of separating recyclable materials from material which will become solid waste at its source.

“Suspect waste” means any waste the manager suspects may be unauthorized waste.

“Swill” means every refuse accumulation of animal, fruit or vegetable matter, liquid or otherwise, that attend the preparation, use, cooking, dealing in or storing of meat, fish, fowl, fruit and vegetables, except coffee grounds.

“Transfer station” means a staffed, fixed, supplemental collection and transportation facility used by persons and route collection vehicles to deposit collected solid waste from off-site into a larger transfer vehicle for transport to a permanent disposal site. It may also include recycling facilities.

“Unauthorized waste” means waste which is waste not acceptable for disposal at any or a specific disposal facility according to applicable rules and regulations or a determination of the manager.

“Uncompacted waste” means any solid waste in an uncompressed or loose condition.

“Waste reduction” means reducing the amount or type of waste generated.

“Woodwaste” means solid waste consisting of wood pieces or particles generated as a by-product resulting from the handling and processing of wood, including, but not limited to, hog fuel, sawdust, shavings, chips, bark, small pieces of wood, stumps, limbs and any other material composed largely of wood which has no significant commercial value at the time in question (but shall not include slash developed from logging operations unless disposed of on a different site), and does not include wood pieces or particles containing chemical preservatives such as creosote, pentachlorophenol, or copper-chrome-arsenate.

“Yard waste” means a compostable organic material generated in yards or gardens, including but not limited to, leaves, grass, branches, prunings, and clippings of woody and fleshy plants and unflocked Christmas trees, but shall not include rocks, dirt or sod, concrete, asphalt, bricks, landclearing wastes, demolition wastes, or woodwaste, or food waste.

“Yard waste facility” means a facility used by county residents to deposit source separated yard waste. (Ord. 2003-22 § 18, 2003; Ord. 91-29 § 1, 1991)

13.28.040 Minimum levels of recyclables collection.

The minimum levels of service and WUTC regulation of the certificated hauler, pursuant to RCW 70.95.160, shall continue. The minimum level of service for recycling programs in the city of Bainbridge Island shall include the following:

A. Single-Family Recyclables Collection.

1. Recyclables collection services shall, at a minimum, be available to all single-family dwellings.

2. Participation in these programs shall be voluntary.

3. Materials. The following recyclable materials, at a minimum, shall be collected from single-family dwellings:

a. Newspaper printed groundwood newsprint including glossy advertisements and supplemental magazines that are delivered with the newspaper;

b. Clear, amber, and green empty, clean glass containers. Plate glass, ceramics, or mirror glass shall not be collected;

c. Clean tin-coated steel cans;

d. Clean aluminum cans;

e. Mixed waste paper;

f. Clean and empty polyethylene terephthalate bottles [Society of Plastics Industry (SPI) code 1], including clear one-liter and two-liter soda bottles, as well as some bottles for containing liquor, liquid cleaners, and detergents;

g. Colored, high-density polyethylene HDPE (SPI code 2) containers such as those for detergent, fabric softeners and lotion;

h. Clear high-density polyethylene HDPE (SPI code 2) containers such as those for juice, milk or water;

i. Magazines;

j. Clean plastic food containers (SPI codes 3, 4 and 5) such as cottage cheese tubs and yogurt cups.

4. Collection Schedule. The recyclable materials listed in subsection A.3 of this section shall be collected weekly on the same day of the week as solid waste collection.

a. The certificated hauler may request an exception to this requirement for all or part of their service area.

b. The request must be submitted in writing to the city and include, at a minimum, the following information: the location of the area affected; the number of customers affected; the alternative collection schedule; and the reasons supporting the request.

c. The city will determine whether to allow the hauler’s request based on the following considerations: number of customers affected is minimized; demonstration that program participation will not be adversely affected; demonstration of substantial cost savings due to alternative collection schedule; and other information presented in the request.

5. Collection Containers. Containers for recyclables storage shall be provided by certificated hauler to program participants. The containers shall be provided by the certificated hauler by delivering containers to all program participants.

a. The containers shall be sufficient in number and type to hold all recyclables accumulated between collections.

b. The containers must be made of durable materials that will last a minimum five years under normal use. Plastic materials used in the construction of recycling containers shall be durable, ultraviolet light stabilized and manufactured using recycled or post-consumer materials. Collection containers shall contain a minimum of at least 10 percent post-consumer material unless the certificated hauler can demonstrate evidence to the city that such material is unavailable. Plastic bags, or bags made of other material, shall not be used as containers.

c. All containers shall contain name and telephone number and name of the certificated hauler and shall contain startup kits containing information about proper preparation of materials.

d. A container delivery schedule shall be provided to the city at the initiation of the project to allow for coordination of its promotional and educational efforts. Containers shall be delivered to program participants at least seven days prior to the initiation of collection.

B. Multifamily Recyclables Collection.

1. Recyclables collection services shall, at a minimum, be available to all multifamily structures or complexes.

2. Participation in these programs shall be voluntary.

3. Materials. At a minimum, all of the recyclable materials listed in subsection A.3 of this section shall be collected from multifamily structures.

4. Collection Schedule. The recyclable materials listed in subsection A.3 of this section shall be collected weekly on a regular schedule.

5. Collection Containers. Certificated haulers shall provide on-site collection containers for recyclables to multifamily structures or complexes on a sign-up basis according to the notification requirements defined in BIMC 13.28.100.B.

a. The containers shall be sufficient in number and type to hold all recyclables accumulated between collections.

b. On-site containers must be made of durable materials that will last a minimum of five years under normal use. Plastic bags, or bags made of other material, shall not be used as on-site containers.

c. All containers shall contain information about the proper preparation of materials and include the telephone number and name of the certificated hauler.

d. Containers shall be delivered to multifamily structures signed up for service at least seven days prior to the initiation of collection.

C. Additional Minimum Level of Service Provisions. The following provisions shall apply to the collection services described in subsections A and B of this section.

1. If access to potential program participants is restricted, due to impassable road conditions, alternatives to curbside recyclables collection, such as drop site collection, shall be provided by the certificated hauler. This exception shall not apply to impassable road conditions due to severe weather situations. The certificated hauler will report to the city those areas not receiving alternative curbside collection service.

2. The certificated hauler shall designate and inform the city and program participants of the holidays that it will observe and the schedule that will be used if the holiday falls on a regular collection day. The certificated hauler shall designate a process for responding to missed collections as a result of inclement or adverse weather conditions.

3. The certificated hauler shall retain ownership of all containers distributed to program participants. Replacement necessitated by normal use or by container damage due to the certificated hauler’s negligence shall be the responsibility of the certificated hauler. Replacement necessitated by container damage due to program participant negligence shall be at the program participant’s expense.

4. The certificated hauler shall use intermediate processing facilities that have obtained all applicable local, state and federal permits.

5. The certificated hauler shall not under any circumstances dispose of marketable recyclables by landfilling or incineration.

6. The city will discuss any proposed changes with the certificated hauler prior to proposing any amendments to the list of materials to be collected. However, nothing in this chapter shall prohibit the certificated hauler from exceeding the minimum requirements by collecting additional materials. (Ord. 2002-24 § 1, 2002; Ord. 93-15 §§ 1 – 3, 1993; Ord. 91-29 § 1, 1991)

13.28.050 Drop boxes for voluntary collection.

In addition to the materials specified for collection from single-family and multifamily dwellings, the certificated hauler may provide “drop boxes” for voluntary collection of additional recyclables, such as corrugated cardboard, white or colored office paper and other materials for which a market develops after the date of the adoption of the ordinance codified in this section. (Ord. 93-15 § 4, 1993)

13.28.060 Solid waste collection and recycling rates.

Certificate holders under Chapter 81.77 RCW shall use rate structures and billing systems consistent with the solid waste management priorities set forth under RCW 70.95.010 and the minimum levels of solid waste collection and recycling services pursuant to the local comprehensive solid waste management plan, as required by Chapter 81.77 RCW.

A. It is the city’s policy that the certificated hauler include the following elements in the tariffs submitted to the WUTC:

1. A mini-can (10 – 20 gallon container) rate to reward people who reduce their level of solid waste collection service;

2. A recycling-only rate for program participants who decline solid waste collection service, but participate in recycling programs. Certificated hauler may include a fee to administer billing for this service;

3. Billing that includes the combined cost of solid waste and recycling collection services, as provided by Chapter 81.77 RCW;

4. An inverted rate structure designed to provide customers with adequate options and incentives to reduce their level of solid waste collection service as a result of their par-

ticipation in waste reduction and recycling programs;

5. A rate structure that distributes the cost of the single-family and multifamily recyclables collection programs among all rate payers in the franchise area where recycling services are available;

6. The cost to produce and distribute program promotion and educational materials to customers, in accordance with Section 13.28.100;

7. Reduced solid waste and recyclables collection rates for eligible elderly and low-income program participants, as permitted by the WUTC.

B. The certificated hauler shall file tariffs, with an effective date no later than January 1, 1992, with the Washington Utilities and Transportation Commission (WUTC). It is the city’s policy that the rates include the following elements:

1. All elements specified in subsection A of this section;

2. The incentive solid waste collection rate structure shall be designed to encourage participation in the recyclables collection program, in accordance with the plan. (Ord. 91-29 § 1, 1991)

13.28.080 City notification of WUTC tariff filings.

Whenever the certificated hauler files a proposed tariff revision for solid waste and/or recyclables collection rates with the WUTC, the certificated hauler shall simultaneously provide the city administrator with copies of the proposed tariff and all supporting materials submitted to the WUTC.

A. The certificated hauler shall transmit the proposed tariff to the city administrator at least 30 days prior to action by the WUTC.

B. The city will review the proposed tariffs to determine their compliance with the provisions of this chapter.

C. The certificated hauler shall notify the city within one week after the tariffs are approved by the WUTC. The notification shall specify the rates approved by the WUTC and the effective dates for the rates. (Ord. 91-29 § 1, 1991)

13.28.100 Program promotion and education requirements.

The certificated hauler shall be responsible for coordinating with the city all distribution of promotional and educational materials. Promotional and educational materials are those materials prepared by the city for the purpose of encouraging participation and educating residents about the city’s recycling collection programs. Materials shall include, but not be limited to, any or all of the following: brochures, mailings, advertisements and displays.

A. All notifications provided by the certificated hauler must be approved by the city. The city shall review notifications for content and accuracy of information, and consistency with materials prepared by the city. Copies of the notifications must be submitted to the city for its review at least three weeks prior to their printing and the city shall return comments to the certificated hauler within that three-week period.

B. The city may periodically provide the certificated hauler with educational materials to be included with hauler’s mailing or bill. These materials will be designed to encourage participation in the collection programs and to familiarize participants with general waste reduction and recycling concepts. The city and the certificated hauler shall mutually agree upon the number and format of materials to be included in the hauler’s mailings. Any material prepared by the city that will be distributed by the hauler will be given to the hauler for review three weeks prior to printing. The hauler shall return any comments on the materials to the city within that three-week period. (Ord. 91-29 § 1, 1991)

13.28.120 Certificated hauler’s customer service responsibilities.

The certificated hauler shall be responsible for all aspects of customer services. Customer service responsibilities shall include, but not be limited to:

A. General program information provided by telephone, brochures, and advertisements;

B. Container delivery and replacement information;

C. Written notification shall be distributed at the point of collection when collection is refused. The notification shall include, at a minimum, an explanation of the reasons collection was refused;

D. Response to complaints of missed collection. The certificated hauler shall collect the uncollected recyclables within one business day after the complaint is received and verified;

E. Telephone and written response to service complaints. The certificated hauler shall maintain an adequately staffed telephone. This number shall be accessible to residents for the purpose of providing program information, and accepting service comments and complaints. The phone line shall have the capability to record all calls received when the phone is not staffed. The city may publish the phone number(s) on other city materials as part of its education and promotion of the collection programs with prior notification of the certificated hauler. (Ord. 91-29 § 1, 1991)

13.28.140 Reporting requirements.

A. The certificated hauler shall submit an implementation report to the city each month beginning November 1991 and continuing through January 1992. The reports will include an implementation schedule for the program and a written summary of progress made to implement the collection program. The implementation schedule and report will address but need not be limited to: container delivery to program participants; status and content of tariff submittals to the WUTC; and progress made in program promotion and coordination.

B. The certificated hauler shall, by month end, provide the city with information to evaluate the effectiveness of the program during the prior month. The reports shall contain monthly, quarterly, and annual data in a format and medium determined by the city. The public works director shall have the authority to require reports such as:

1. Weekly and monthly set-out counts by routes. Set-out count is the number of dwelling units that make the contents of their recyclables collection containers available for collection;

2. Summaries of tons of all recyclables collected, by material;

3. Location of intermediate processing facilities and materials types delivered to these facilities;

4. Summaries of tons of all recyclables sold, by material;

5. Summary of tons of contaminated recyclables disposed of at the landfill, and which solid waste facility received it;

6. The total number of single-family solid waste collection customers;

7. The total number of multifamily complexes receiving solid waste collection service, and the number of units within those complexes;

8. The total number of single family dwellings receiving recyclables collection services;

9. The total number of multifamily complexes receiving recyclables collection services and the location of these complexes;

10. Summaries of tons of all solid waste collected from all single family dwellings and multifamily structures and which solid waste facilities received it;

11. Log of service complaints;

12. Location of areas not receiving curbside recyclables collection due to inaccessibility as permitted in Section 13.28.040 (C)(1);

13. A map indicating the areas served and the collection days for each program.

C. Annual service reports shall be due within 30 days after the end of the calendar year. In addition to the year-end summary of the monthly reporting information, the annual report shall include a summary of program highlights, problems and measures taken to resolve problems and increase efficiency and participation, an analysis of the program’s effectiveness, and an annual tonnage forecast which estimates the total amount of solid waste tonnage for the coming year.

D. The certificated hauler shall meet with a representative of the city at least once per month, beginning in November 1991. Additional or fewer meetings shall be at the discretion of the city. (Ord. 91-29 § 1, 1991)

13.28.180 Full program implementation.

A. The city administrator shall notify the WUTC that the city will exercise its authority to establish service levels for the collection of source-separated recyclables from city residences as specified in this chapter. The program shall be considered fully implemented when the following conditions are met:

1. The certificated hauler has received approval by the WUTC for its tariff filings for recyclables; and

2. The services are available to all who want service. Customers must be able to receive containers within 21 days of a request and receive their first collection within 35 days of a request. (Ord. 91-29 § 1, 1991)

Chapter 13.32
UTILITY EXTENSION AND LATECOMER REIMBURSEMENT AGREEMENTS

Sections:

13.32.010 Utility extension agreement – Water, sewer and storm water.

13.32.020 Utility extension agreement – Streets.

13.32.030 Definitions.

13.32.040 Applications for utility extension agreements.

13.32.050 Consideration and approval of utility extension agreements.

13.32.060 Easements and rights-of-way.

13.32.070 Completion and acceptance of improvements.

13.32.080 Latecomer reimbursement – Water, sewer and storm water.

13.32.090 Latecomer reimbursement – Streets.

13.32.100 Applications for latecomer reimbursement.

13.32.110 Recording of notice of proposed latecomer charge.

13.32.120 Submittal of latecomer reimbursement information.

13.32.130 Determination of latecomer preliminary reimbursement charge and area.

13.32.140 Notice of preliminary latecomer charge and area.

13.32.150 Determination and notice of recommended latecomer charge and area.

13.32.160 Latecomer reimbursement agreement form.

13.32.170 Official notice of recommended charge and area – Fixing of hearing.

13.32.180 City council determination of reimbursement charge and area.

13.32.190 Execution of latecomer agreement – No hearing.

13.32.200 Recording of latecomer agreement – Amendment of city records.

13.32.210 Payment of reimbursement charge.

13.32.220 Segregation of reimbursement charges.

13.32.230 Recording of release.

13.32.240 Multiple connection points.

13.32.010 Utility extension agreement – Water, sewer and storm water.

If an owner of real property within the city complies with the provisions of this chapter relating to utility improvements, the city shall enter into an agreement with the owner for the construction of utility improvements to serve the real property. (Ord. 2002-01 § 1, 2002)

13.32.020 Utility extension agreement – Streets.

If an owner of real property within the city complies the provisions of this chapter relating to street improvements, the city shall enter into an agreement with the owner for the construction of street improvements to serve the real property. (Ord. 2002-01 § 1, 2002)

13.32.030 Definitions.

“Owner” means the owner of real property or the owner’s representative; provided, that for purposes of executing a utility extension agreement, a latecomer reimbursement agreement, a bond, a bill of sale and any instrument establishing real property rights, “owner” means the legal owner of the real property.

“Public works director” means the public works director and the director’s designee.

“Street improvements” means all improvements and facilities relating to streets, including but not limited to curbs, gutters, sidewalks, pavement, shoulders, street lighting, landscaping, traffic controls, utility relocation and storm water conveyances.

“Utility extension agreement” means an agreement between the city and a property owner for the construction of street improvements or utility improvements pursuant to this chapter.

“Utility improvements” means city-owned water, sewer and storm water improvements and facilities, including but not limited to mains, valves, manholes, catch basins, pumping stations, hydrants, reservoirs, ponds and appurtenances. (Ord. 2002-01 § 1, 2002)

13.32.040 Applications for utility extension agreements.

An owner desiring to enter into an agreement with the city to construct utility or street improvements shall submit to the public works department an application for such construction, on a form prepared by the public works director, together with an application fee in an amount established by resolution. The owner shall declare in the application whether a latecomer reimbursement will be requested. The owner also shall pay any processing charges established by resolution. The application shall be filed with the public works department prior to or concurrently with a land use application, as defined in BIMC 2.16.025, for the same real property. The application shall include drawings showing generally the proposed location, type and size of the utility or street improvements. The public works director may require additional information, or revisions to the drawings, that are necessary to evaluate the application. (Ord. 2002-01 § 1, 2002)

13.32.050 Consideration and approval of utility extension agreements.

The public works director shall review and may approve the application. After approval, the owner shall execute and return to the public works department a utility extension agreement in a form approved by the public works director. The agreement shall include but not be limited to the following provisions:

A. Warranty by the owner that the owner owns the real property;

B. Compliance by the owner with city construction standards and regulations;

C. Preparation of the plans and specifications by a qualified licensed professional selected by the owner;

D. Review and approval of the plans and specifications by the city engineer or the engineer’s designee;

E. Payment by the owner of any fees and charges of the city’s staff and consultants relating to the application;

F. Payment of all fees and charges due from the real property prior to connection or use of the utility or street improvements;

G. Submittal of proof of insurance in types, conditions and amounts to be established by the public works director;

H. Provision of performance bond for work occurring in right-of-way;

I. Acceptance of the improvements by warranty bill of sale with terms and conditions approved by the public works director;

J. Provision of one-year maintenance bond for the improvements; and

K. Indemnification of the city and its officers, employees and agents.

The agreement shall be signed by the owner and the public works director before construction of the street or utility improvements is commenced. The public works director may approve changes to the form agreement upon consultation with the city attorney. The owner shall submit the agreement, at the same time as the right-of-way permit, and latecomer reimbursement application to the public works director. (Ord. 2002-01 § 1, 2002)

13.32.060 Easements and rights-of-way.

Prior to the construction of utility or street improvements, the applicant shall secure all necessary easements or rights-of-way, as determined by the public works director, at no cost to the city. The form of these instruments shall be approved by the public works director. (Ord. 2002-01 § 1, 2002)

13.32.070 Completion and acceptance of improvements.

After completion of utility or street improvements, the owner shall notify the city in writing of completion of the improvements. After the public works director has determined that the improvements have been completed in accordance with the terms and conditions of the utility extension agreement, the director shall accept the improvements by warranty bill of sale, in a form acceptable to the director; provided, that if the owner has applied for latecomer reimbursement, the public works director shall accept the improvements after the city council has made a decision on the reimbursement charge and area. (Ord. 2002-01 § 1, 2002)

13.32.080 Latecomer reimbursement – Water, sewer and storm water.

Upon compliance with this chapter, an owner who constructs utility improvements pursuant to a utility extension agreement shall receive latecomer reimbursement from owners of real property abutting the utility improvements who:

A. Did not contribute, in whole or in part, to the original cost of the utility improvements;

B. Are within the reimbursement area that is established under this chapter;

C. Have been assessed a reimbursement charge under this chapter; and

D. Within 15 years after the execution of the latecomer reimbursement agreement, either connect such real property to the water or sewer improvements or use the storm water improvements. (Ord. 2002-01 § 1, 2002)

13.32.090 Latecomer reimbursement – Streets.

Upon compliance with this chapter, an owner who constructs street improvements required by the city’s SEPA, subdivision or other general land use and environmental ordinances, the city’s street standards ordinance or any site-specific ordinance, in connection with a land use application, as defined in BIMC 2.16.025, shall receive reimbursement from owners of real property abutting the street improvements who:

A. Did not contribute, in whole or in part, to the original cost of the street improvements;

B. Are within the reimbursement area that is established under this chapter;

C. Have been assessed a reimbursement charge under this chapter;

D. Develop or redevelop their property within 15 years after execution of the latecomer reimbursement agreement; and

E. At the time of development or redevelopment would be required to install similar street improvements but do not have to because they were installed by the real property owner. (Ord. 2002-01 § 1, 2002)

13.32.100 Applications for latecomer reimbursement.

An owner desiring to enter into a latecomer reimbursement agreement, for streets or utilities, shall submit to the public works department an application for latecomer reimbursement, on a form prepared by the public works director, with the application for utility extension agreement. The owner also shall submit a latecomer application fee in an amount established by resolution. The owner also shall pay any processing charges established by resolution. The reimbursement application shall include but not be limited to the following:

A. A map showing the parcels that are proposed for the reimbursement area and the parcels that will be contributing to the costs of the utility or street improvements through an arrangement with the owner;

B. A title report for all parcels proposed for the reimbursement area;

C. The estimated total costs for the utility or street improvements, prepared by a qualified licensed professional engineer, and the estimated percentage of the costs to be assessed to the parcels in the proposed reimbursement area; and

D. The proposed method for calculating the pro rata reimbursement charges, which shall be consistent with BIMC 13.32.130.

The public works director may require additional information, or revisions to the maps and other documents described above, that are necessary to evaluate the reimbursement application. Before submitting the reimbursement latecomer application, the owner shall request and attend a pre-reimbursement application meeting with public works department staff. The decision of the public works director shall be final. The reimbursement application shall be processed concurrently with the application for utility extension agreement. (Ord. 2002-01 § 1, 2002)

13.32.110 Recording of notice of proposed latecomer charge.

After receipt of the reimbursement application, the public works director shall cause a notice of the proposed reimbursement charge for the proposed reimbursement area to be filed with the Kitsap County auditor and shall send a notice of proposed reimbursement charges by certified mail, copy received, to the owners of real property within the reimbursement area. If the reimbursement charge is not imposed, the public works director shall cause a notice of the decision not to impose the reimbursement charge to be filed with the Kitsap County auditor. The cost of recording the notices shall be paid by the owner. (Ord. 2002-01 § 1, 2002)

13.32.120 Submittal of latecomer reimbursement information.

For improvements that are subject to latecomer reimbursement, the public works director, after determining that the improvements are complete under BIMC 13.32.070, shall send a letter to the owner by certified mail, copy received, requesting the submittal of all data and information in support of the cost of the improvements. The owner shall submit the data and information within 21 days of the date of the letter. If the owner fails to submit the data and information within 21 days, or fails to submit any additional data and information requested by the public works director within 21 days of a request for additional data and information, the owner shall be deemed to have waived the right to reimbursement, and the application shall be null and void and terminated. Upon written request filed with the public works director within seven days after any deadline, and upon proof of hardship or excusable neglect, the public works director may set aside the application termination and grant a period of up to 21 days for return of the data and information. The decision of the public works director shall be final. (Ord. 2002-01 § 1, 2002)

13.32.130 Determination of latecomer preliminary reimbursement charge and area.

Based on information and data provided by the owner, and on other available information and data, the public works director shall determine the preliminary cost of the street or utility improvements, the preliminary pro rata reimbursement charge and the preliminary reimbursement area. The preliminary cost shall include but not be limited to design, engineering, construction, inspection, restoration and legal review. To determine the preliminary pro rata reimbursement charge, the public works director may use any method or combination of methods, including but not limited to calculations based on the maximum number of developable lots under current zoning, length of front footage of the parcel along the improvements or total square footage of the parcel subject to reimbursement. For street improvements, the method shall take into account the benefit to the parcel from the street improvements. (Ord. 2002-01 § 1, 2002)

13.32.140 Notice of preliminary latecomer charge and area.

After determining the preliminary reimbursement charge and area, the public works director shall cause notice of such charge and area to be sent by certified mail, copy received, to the owners of record, according to the title report submitted by the owner, updated by the owner if requested by the public works director. The notice shall include the following:

A. The amount of the pro rata reimbursement charge;

B. A map showing the owner’s property, the general location of the improvements and the reimbursement area;

C. The conditions under which the reimbursement charge would be due and owing, such as only upon connection to or use of the improvements;

D. The time period for reimbursement;

E. The opportunity to review the cost information and data at the public works department;

F. The opportunity to submit written comments within 14 days of the date of the notice; and

G. The city’s obligation to send an official reimbursement charge notice thereafter, with an opportunity pursuant to that notice to request a hearing before the city council on the reimbursement charge and area.

The public works director shall consider any timely filed written comments, making changes to the preliminary reimbursement charge and area as appropriate. (Ord. 2002-01 § 1, 2002)

13.32.150 Determination and notice of recommended latecomer charge and area.

After determining the preliminary reimbursement charge and area, and considering the timely filed written comments, the public works director shall establish a recommended reimbursement charge and area. The public works director shall advise the owner of the recommended reimbursement charge and area by letter sent by certified mail, copy received. The letter shall enclose an original latecomer reimbursement agreement for signature by the owner, who shall return the executed agreement within 21 days after the date of the letter. If the owner fails to return the executed agreement within the 21-day period, the application for latecomer reimbursement shall be deemed null and void and terminated. Upon written request filed with the public works director within seven days after the deadline, and upon proof of hardship or excusable neglect, the public works director may set aside the application termination and grant a period of up to 21 days for return of the executed agreement. The decision of the public works director shall be final. (Ord. 2002-01 § 1, 2002)

13.32.160 Latecomer reimbursement agreement form.

The form of the latecomer reimbursement agreement shall be prepared and approved by the public works director. The form shall include but not be limited to the following:

A. A 15-year reimbursement period, following the effective date of the agreement;

B. The approved total cost of the improvements, and the cost subject to reimbursement;

C. The method for determining the reimbursement charges;

D. The payment of the reimbursement charges prior to connection to or use of the improvements;

E. The non-accrual of interest on the reimbursement charges;

F. The deduction of 10 percent of the charge to cover city expenses of handling the reimbursement;

G. The responsibility of the owner to pay for the cost of recording the agreement;

H. The responsibility of the city to mail the reimbursement to the owner, or to any other person designated in writing by the owner to receive the reimbursement, at the address given to the public works department by such persons;

I. The ability of the city to retain any reimbursement payment that is unclaimed by the owner or the owner’s designee within three years of payment; and

J. The ability of the city to interplead any reimbursement into superior court if a dispute arises as to the proper person to receive the payment. (Ord. 2002-01 § 1, 2002)

13.32.170 Official notice of recommended charge and area – Fixing of hearing.

Upon receipt of an executed latecomer reimbursement agreement from the owner, the public works director shall send an official notice of the recommended reimbursement charge and area by certified mail, copy received, to the owners of the real property subject to reimbursement, according to the title report submitted by the owner, updated by the owner if requested by the public works director. The notice shall include but not be limited to the following:

A. The amount of the pro rata reimbursement charge;

B. A map showing the owner’s property, the general location of the improvements and the reimbursement area;

C. The conditions under which the pro rata reimbursement charge would be due and owing, such as only upon connection to and use of the improvements;

D. The time period for reimbursement; and

E. The opportunity to request a hearing before the city council, by making such request in writing to the city clerk within 21 days of the date of the notice.

If any property owner requests a hearing in writing within the 21-day period, the city clerk shall notify the public works director of the request. The city clerk and public works director shall jointly schedule a hearing during a regular city council meeting. Notice of the hearing shall be sent by certified mail, copy received, to the owner and the owners of real property subject to reimbursement, at least 21 days before the date of the hearing. (Ord. 2002-01 § 1, 2002)

13.32.180 City council determination of reimbursement charge and area.

After the hearing, or any continuance of the hearing, the city council shall by motion approve, disapprove or modify the recommended reimbursement charge and area. The city council may disapprove reimbursement only if it concludes that the criteria of BIMC 13.32.080 or 13.32.090 have not been satisfied. The motion approving or modifying the recommended reimbursement charge and area shall also authorize the public works director to sign the latecomer reimbursement agreement. The city council decision by motion shall be the final action of the city on the reimbursement charge and area. (Ord. 2002-01 § 1, 2002)

13.32.190 Execution of latecomer agreement – No hearing.

If no hearing before the city council is requested, the public works director shall sign the latecomer reimbursement agreement after execution and return by the owner in accordance with BIMC 13.32.150. (Ord. 2002-01 § 1, 2002)

13.32.200 Recording of latecomer agreement – Amendment of city records.

After final execution of the latecomer reimbursement agreement, the public works director shall cause it to be recorded with the Kitsap County auditor. The cost of recording shall be paid by the owner. After recording, the public works director shall cause a copy of the recorded agreement to be mailed to the owner and the owners of real property within the reimbursement area by certified mail, copy received, and shall cause city records for land use development and utility systems to indicate, if feasible, the latecomer reimbursement charges against the burdened parcels. (Ord. 2002-01 § 1, 2002)

13.32.210 Payment of reimbursement charge.

The owner of real property subject to a reimbursement charge shall pay the charge prior to connecting to or using the utility or street improvement. If a building permit is issued concurrently with the connection or use, the reimbursement charge shall be paid prior to issuance of the building permit. (Ord. 2002-01 § 1, 2002)

13.32.220 Segregation of reimbursement charges.

Following a division of a reimbursement parcel by subdivision, city approval or permit or court order, the owner of the original parcel shall apply for a segregation to the public works director by written application, in a form approved by the director. The city shall have no duty or responsibility to notify the owner of the original parcel of this requirement, and shall not be liable for any damages, claims or liabilities resulting from the failure to segregate. The application shall include a copy of the latecomer reimbursement agreement imposing the reimbursement charge, and a copy of the ordinance, resolution or order legally dividing the property. The segregation shall be made as nearly as possible on the same basis as the original reimbursement, and the total of the segregated parts of the reimbursement shall equal the reimbursement before segregation. Upon verification of the legal division, the public works director shall approve the segregation. The public works director shall cause a notice of segregated reimbursement charge to be recorded with the Kitsap County auditor. The cost of recording shall be paid by the owner. After recording, the public works director shall cause a copy of the recorded notice to be mailed to the owner by certified mail, copy received. (Ord. 2002-01 § 1, 2002)

13.32.230 Recording of release.

When the reimbursement charge against a parcel has be paid in full, or the 15-year period for the reimbursement charge has elapsed, the public works director shall cause a notice of payment and release, or a notice of release, as applicable, to be recorded with the Kitsap County auditor. (Ord. 2002-01 § 1, 2002)

13.32.240 Multiple connection points.

If the real property abuts more than one street improvement for which there is a reimbursement charge, or more than one utility improvement for which there is a reimbursement charge, the public works director may either select the improvement to which connection shall be made, based on engineering, safety and topographical considerations, or allow the real property owner to select the improvement to which connection shall be made. The real property owner shall pay a reimbursement charge only for the improvement to which connection is made. (Ord. 2002-01 § 1, 2002)

---

Footnotes

¹Prior legislation: Ords. 74-16, 74-25, 77-06, 78-06, 81-31, 82-03 and 82-14.

²Water and sewer fees, charges and rates are on file in the city clerk’s office.