Chapter 13.120
SEWER SYSTEM—CONNECTION*

Sections:

13.120.010    Connection to sewer system—Required when.

13.120.020    Conditions required for making connections.

13.120.040    System development charges.

13.120.045    SDC capital surcharge.

13.120.050    Side sewer—Responsibility of costs.

*    Prior ordinance history: Ords. 95-769, 98-007, 99-021 and 99-025.

13.120.010 Connection to sewer system—Required when.

A.    It is the desire of the city of Battle Ground to achieve to the maximum extent possible the use of a public sanitary sewage disposal system by all users within the city of Battle Ground. All premises upon which any portion of a building is situated within six hundred feet of a sewer line or lateral shall be deemed to be within the area served by the sewerage system and, when the building or structure is used for human occupation for any purpose, the owner shall cause a connection to be made between the sewerage system and each building or structure as follows:

1.    When building permits are to be issued for new construction of buildings or structures for human occupation within six hundred feet of an existing sewer line or lateral;

2.    When the building permit will lead to an expansion of an existing building or structure which is likely to lead to an increase of usage of the sewerage system within six hundred feet of an existing sewer line, or lateral;

3.    When the building permit is for repairs or maintenance only and will not lead to increased usage of the system, no connection to the sewerage system is required;

4.    Any building permit for a parcel of land which is less than five acres in size will only be approved if it has available an approved public sewer system;

5.    If an existing septic system or individual sanitary disposal system becomes inoperable under the regulations of the Southwest Washington Health District, then the owner of such system shall be required to connect to a public sewer line or lateral.

6.    The separate service connection requirement may be appealed to the public works director in cases where the proposed service design meets pre-treatment purposes and criteria acceptable to the director.

B.    All connections shall be made to the sewerage system in a permanent and sanitary manner, in conformity with all applicable plumbing laws and codes, subject to the approval of the public works director and the construction requirements included in BGMC 13.120.020.

C.    If any such connection is not made within the time provided in this chapter, the public works director or such other employee of the city as the city manager may hereafter designate is authorized and directed to cause the same to be made and to file a statement of the cost thereof with the city treasurer/finance director, which cost shall in no event be less than the sewer connection charges fixed for the various classes of buildings and applicable to the building to which the connection is made, and thereupon payment of such cost will be made by the sewer fund. The amount of the charges, together with a penalty of ten percent, plus interest at the rate often percent per year upon the total amount of the warrant and penalty, shall be assessed against the property upon which the building or structure is situated, and shall become a lien thereon as provided in BGMC 13.105.110. The total amount when collected shall be paid into the sewer fund. (Ord. 02-009 § 69, 2002: Ord. 00-028 § 7 (part), 2000)

13.120.020 Conditions required for making connections.

No connection to any sewer line or lateral or other part of the sanitary sewage disposal system of the city shall be made by any person or persons, firm, association or corporation except those regularly licensed to perform that class of work or those approved by the city public works director, and such connection shall then be made only on the condition that the person or persons, firm, association or corporation making such connection will indemnify and hold harmless the city from all suits, claims, accidents and damage occasioned by any opening in the streets, alleys or public places by him, them or it, or any person or persons in his, their or its employ for making any connection with any public or private sewer, or for any other purposes or objects whatsoever, and that he, they or it will also replace and restore such street, alley or public place over such opening to the satisfaction and approval of the city. (Ord. 00-028 § 7 (part), 2000)

13.120.040 System development charges.

A.    In addition to the rates and charges referred to in BGMC 13.105.030, a system development charge shall be levied and collected by the city for any development, expansion of use, change of occupancy, or increase in impact that is found to place additional demand on the city’s sewer system. The system development charge shall be determined by multiplying the applicable base charge per equivalent dwelling unit (EDU), which is established by resolution of the city council, times the number of EDUs of additional demand placed on the system as determined by the city.

B.    Persons or firms connecting to sewer mains or lines or related facilities which have been specially constructed at a cost paid by the city, but not pursuant to local improvement district bonds or through developer funding, which connection shall go to the improvement of the property of the person or firm’s connection to said sewer line, shall pay a cost reimbursement fee to the city based on said person or firm’s proportionate share of the costs incurred by the city. (Ord. 04-013 § 2, 2004: Ord. 00-028 § 7 (part), 2000)

13.120.045 SDC capital surcharge.

A.    Any nonresidential user within the city that will exceed ten ERU in sewer usage may apply for the option to pay higher sewer fees based on a formula that includes the capital surcharge for sewer plant capacity. The rate shall be established through resolution by the city council.

B.    The nonresidential user that has been authorized by the city to pay the sewer capital surcharge rate may make the choice to return to the standard sewer rate by paying the system development charge at the existing rate or at the future rate, whichever is greater. (Ord. 04-004 § 1, 2004: Ord. 03-008 § 1, 2003)

13.120.050 Side sewer—Responsibility of costs.

A.    Connections to the city’s sewer system shall be made by a side sewer lateral from the premises to be served to the city’s main sewer line. All costs and expenses incident to the installation, connection, operation and routine maintenance of the entire side sewer lateral from the premises to the city’s sewer main shall be borne by the owner of the premises served by the side sewer. All costs and expenses incident to the repair and rehabilitative maintenance of that portion of the side sewer lateral from the building drain to the property line or right-of-way shall be borne by the owner of the premises served by the side sewer. The customer or authorized agent shall be responsible for obtaining all building and right-of-way permits required for work performed either on the premises or within public rights-of-way. All costs and expenses incident to the repair and rehabilitative maintenance of that portion of the side sewer lateral from the property line or right-of-way shall be borne by the city.

1.    For the purposes of this section, “routine maintenance” means operational maintenance of a side sewer lateral, including, but not limited to, the cleaning or rodding to clear grease or other internal obstructions or substances that have been discharged or allowed to accumulate in the side sewer lateral that may interfere with the operation of the side sewer.

2.    The term “rehabilitative maintenance” means repair and major maintenance of a side sewer lateral, including, but not limited to, construction, reconstruction, or excavation to repair damage to a side sewer lateral caused by external forces or failure of the pipe or pipe material.

B.    The owner of the premises shall indemnify the city from any loss or damage that may directly or indirectly be occasioned by the installation of the side sewer lateral. When the city has occasion to maintain that portion of a side sewer lateral from a street property line or right-of-way to the building drain in order to protect the public sewer or whenever the city has occasion to maintain that portion of a side sewer lateral from the property line or right-of-way to the city’s sewer main because of damage directly or indirectly caused by the owner of the premises served by a side sewer lateral or caused by an act or omission of said owner, the cost for such maintenance shall be charged to said owner. Any costs so charged and not paid within thirty days of the date of billing thereof shall constitute a lien against the property served by the side sewer lateral.

C.    If damage to the sewer lateral was the result of deficiencies caused by acts or omissions of the city or third parties not acting as agents of the customer, and specifically excluding damage to the sewer lateral resulting from deficiencies caused by acts of God, root intrusion from the customer’s trees or any other act or omission of the customer or customer’s agent(s) or contractor(s), a claim for such reimbursement shall be submitted to the city within ten days of the incurrence of such costs and shall meet all of the following criteria:

1.    Eligible costs shall include only those actual expenses paid by the customer for any required city permits or to a licensed, bonded contractor.

2.    Only that portion of costs for repair work done within the dedicated right-of-way shall be eligible.

3.    The customer shall submit copies of the itemized invoices from the contractor. Such invoices shall indicate the type and cause or suspected cause of such damage.

4.    The amount of the reimbursement shall not exceed the estimated cost for installation of a new sewer lateral from the main sewer to the property line.

5.    All work shall be in conformance with city codes, ordinances and standards, including obtaining all necessary permits, inspections and approvals. (Ord. 07-05 § 1, 2007)