Title 13
PUBLIC SERVICES

Chapters:

13.04 Utility Accounts

13.08 Electric Utility

13.10 Developers Extension Agreement for Electrical Construction

13.12 Solid Waste

13.14 Curbside and Yard Waste Recycling

13.16 Sewer System Use and Construction

13.20 Sewer Billings

13.24 Sewer Construction Charges

13.25 Sewer Systems – Transfer Agreement with County

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

13.28 Water Service

13.29 Certificates of Water Availability

13.30 Developers Extension Agreement for Water and Sewer Construction

13.32 Cross Connections

13.35 Delinquent Penalty Charges on Utility Bills

13.36 Utility Billing Policies and Procedures

13.40 Repealed

13.42 School Impact Fees

13.43 Repealed

Chapter 13.04
UTILITY ACCOUNTS

Sections:

13.04.010 Assignment to collection company authorized.

13.04.010 Assignment to collection company authorized.

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

Chapter 13.08
ELECTRIC UTILITY¹

Sections:

13.08.010 Definitions.

13.08.020 Service application – Contents – Fee.

13.08.030 Electrical distribution fees.

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

13.08.050 Service charges on vacant property.

13.08.060 Electric bills – Payment – Delinquency – Turnon fees.

13.08.070 Underground distribution systems required when – Trench separation.

13.08.080 Overhead distribution installation on street – Pole provided when.

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

13.08.100 Underground distribution installation on private property.

13.08.110 Service connection – Overhead or underground requirements.

13.08.120 Street light installation.

13.08.130 Meter – Installation – Testing.

13.08.140 Rearrangement of equipment – Changes.

13.08.150 Rearrangement of equipment – Special service.

13.08.160 City nonliability for damage – Defective wiring and appliances.

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

13.08.180 Meter placement.

13.08.190 Meter installation – Inspections required when.

13.08.200 Electric motor specifications.

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

13.08.220 Customer maintenance of wiring and appliances required.

13.08.230 Electric department right of entry.

13.08.240 Removal of trees or obstructions interfering with equipment required.

13.08.250 Control of equipment vested in electric department.

13.08.260 Separate meters required when.

13.08.270 Turnon and turnoff charges.

13.08.280 Regular and commercial service rates.

13.08.285 Rates for senior citizens.

13.08.300 Notice required for service discontinuance – Charge doubled when.

13.08.310 Yard light rentals.

13.08.320 Applicability to street lights.

13.08.330 Council rulemaking authority.

13.08.340 Violation – Penalty.

13.08.010 Definitions.

As used in this chapter:

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

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

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

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

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

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

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

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

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

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

13.08.020 Service application – Contents – Fee.

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

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

13.08.030 Electrical distribution fees.

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

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

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

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

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

A. New Service.

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

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

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

B. Conversion and Rewiring.

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

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

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

13.08.050 Service charges on vacant property.

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

13.08.060 Electric bills – Payment – Delinquency – Turnon fees.

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

13.08.070 Underground distribution systems required when – Trench separation.

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

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

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

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

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

13.08.080 Overhead distribution installation on street – Pole provided when.

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

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

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

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

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

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

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

13.08.100 Underground distribution installation on private property.

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

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

2. Pad-mount transformers:

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

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

3. Transformer pad;

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

5. Conduit:

a. Primary from pole to trans-former;

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

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

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

13.08.110 Service connection – Overhead or underground requirements.

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

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

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

13.08.120 Street light installation.

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

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

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

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

13.08.130 Meter – Installation – Testing.

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

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

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

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

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

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

13.08.140 Rearrangement of equipment – Changes.

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

13.08.150 Rearrangement of equipment – Special service.

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

13.08.160 City nonliability for damage – Defective wiring and appliances.

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

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

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

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

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

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

13.08.180 Meter placement.

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

13.08.190 Meter installation – Inspections required when.

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

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

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

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

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

13.08.200 Electric motor specifications.

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

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

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

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

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

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

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

13.08.220 Customer maintenance of wiring and appliances required.

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

13.08.230 Electric department right of entry.

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

13.08.240 Removal of trees or obstructions interfering with equipment required.

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

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

13.08.250 Control of equipment vested in electric department.

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

13.08.260 Separate meters required when.

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

13.08.270 Turnon and turnoff charges.

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

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

13.08.280 Regular and commercial service rates.

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

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

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

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

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

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

13.08.285 Rates for senior citizens.

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

Qualification

1. Age 65 years;

2. Income criterion from all sources:

      $6,000.00 annual income 1 person household

      $8,500.00 annual income 2 persons household

      $10,000.00 annual income 3 persons household

      $12,000.00 annual income 4 persons household

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

13.08.300 Notice required for service discontinuance – Charge doubled when.

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

13.08.310 Yard light rentals.

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

      175 watt $3.75

      250 watt 4.25

      400 watt 5.70

(Ord. 796 § 29, 1979).

13.08.320 Applicability to street lights.

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

13.08.330 Council rulemaking authority.

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

13.08.340 Violation – Penalty.

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

Chapter 13.10
DEVELOPERS EXTENSION AGREEMENT FOR ELECTRICAL CONSTRUCTION

Sections:

13.10.010 Definitions.

13.10.020 City responsibility.

13.10.030 Reimbursement to contractor for local facilities costs.

13.10.040 Connection charge in lieu of assessment – Determination.

13.10.010 Definitions.

As used in this chapter:

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

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

13.10.020 City responsibility.

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

13.10.030 Reimbursement to contractor for local facilities costs.

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

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

13.10.040 Connection charge in lieu of assessment – Determination.

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

Chapter 13.12
SOLID WASTE²

Sections:

13.12.010 Findings.

13.12.020 Definitions.

13.12.030 Adequate containers required.

13.12.040 Burning garbage prohibited – Roadside dumping prohibited.

13.12.050 Collection days.

13.12.060 Disposal of other refuse than garbage.

13.12.070 Furnishing complying containers required when.

13.12.080 Unauthorized collection business prohibited.

13.12.090 Account payment.

13.12.100 Rate increase notice.

13.12.105 Solid waste utility taxes.

13.12.120 Delinquent accounts.

13.12.130 Violation – Penalty.

13.12.140 Severability.

13.12.010 Findings.

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

13.12.020 Definitions.

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

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

13.12.030 Adequate containers required.

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

13.12.040 Burning garbage prohibited – Roadside dumping prohibited.

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

13.12.050 Collection days.

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

13.12.060 Disposal of other refuse than garbage.

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

13.12.070 Furnishing complying containers required when.

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

13.12.080 Unauthorized collection business prohibited.

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

13.12.090 Account payment.

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

13.12.100 Rate increase notice.

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

13.12.105 Solid waste utility taxes.

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

13.12.120 Delinquent accounts.

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

13.12.130 Violation – Penalty.

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

13.12.140 Severability.

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

Chapter 13.14
CURBSIDE AND YARD
WASTE RECYCLING

Sections:

13.14.010 Established.

13.14.020 Purveyor.

13.14.030 Curbside collection.

13.14.040 Yard waste collection.

13.14.010 Established.

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

13.14.020 Purveyor.

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

13.14.030 Curbside collection.

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

13.14.040 Yard waste collection.

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

Chapter 13.16
SEWER SYSTEM USE AND CONSTRUCTION

Sections:

13.16.010 Definitions.

13.16.020 Connection required when – Enforcement by city.

13.16.030 Unauthorized openings prohibited.

13.16.040 Side sewer business license – Required when.

13.16.050 Side sewer business license – Fee.

13.16.060 Side sewer business license – Bond.

13.16.070 Side sewer business license – Forms.

13.16.080 Sewer connection permit – Required when.

13.16.090 Sewer connection permit – Application.

13.16.100 Sewer connection permit – Fee – Bonded contractors required.

13.16.110 Sewer connection permit – Unusual situation review.

13.16.120 Sewer connection permit – City authorized to cause compliance.

13.16.130 Open trench work required – Water testing required.

13.16.140 Right of entry.

13.16.150 Inspection – Notice – Correction of defects.

13.16.160 Inspection – Required prior to trench filling.

13.16.170 Final inspection required when.

13.16.180 Pre-permit inspections permitted when – Fee.

13.16.190 Sewer connection permit – Time limit.

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

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

13.16.220 Contracts with developers and property owners required.

13.16.230 Sewer construction – Compliance with specifications required.

13.16.240 Single sewer for each building required.

13.16.250 Use of old sewers permitted when.

13.16.260 Owner responsibility to obtain sewer connection information.

13.16.270 Construction specifications adopted by reference.

13.16.280 Prohibited discharges – Grease interceptors required when.

13.16.290 Preliminary treatment of wastes required when.

13.16.300 Industrial waste permit or approval required.

13.16.310 Discharge of violating matter – City determination required.

13.16.320 Sewage pretreatment required when.

13.16.330 Discharge of septic tank wastes prohibited.

13.16.340 Injuring or removing sewers prohibited.

13.16.360 Violation – Penalty.

13.16.010 Definitions.

As used in this chapter:

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

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

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

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

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

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

13.16.020 Connection required when – Enforcement by city.

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

13.16.030 Unauthorized openings prohibited.

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

13.16.040 Side sewer business license – Required when.

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

13.16.050 Side sewer business license – Fee.

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

13.16.060 Side sewer business license – Bond.

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

13.16.070 Side sewer business license – Forms.

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

13.16.080 Sewer connection permit – Required when.

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

13.16.090 Sewer connection permit – Application.

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

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

2. An application for side sewer permit form;

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

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

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

13.16.100 Sewer connection permit – Fee – Bonded contractors required.

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

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

13.16.110 Sewer connection permit – Unusual situation review.

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

13.16.120 Sewer connection permit – City authorized to cause compliance.

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

13.16.130 Open trench work required – Water testing required.

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

13.16.140 Right of entry.

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

13.16.150 Inspection – Notice – Correction of defects.

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

13.16.160 Inspection – Required prior to trench filling.

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

13.16.170 Final inspection required when.

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

13.16.180 Pre-permit inspections permitted when – Fee.

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

13.16.190 Sewer connection permit – Time limit.

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

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

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

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

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

13.16.220 Contracts with developers and property owners required.

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

13.16.230 Sewer construction – Compliance with specifications required.

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

13.16.240 Single sewer for each building required.

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

13.16.250 Use of old sewers permitted when.

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

13.16.260 Owner responsibility to obtain sewer connection information.

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

13.16.270 Construction specifications adopted by reference.

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

A. Building specifications, Exhibit A;

B. Material specifications, Exhibit B;

C. Testing, Exhibit C;

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

13.16.280 Prohibited discharges – Grease interceptors required when.

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

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

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

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

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

5. Any garbage that has not been properly shredded;

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

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

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

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

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

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

13.16.290 Preliminary treatment of wastes required when.

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

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

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

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

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

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

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

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

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

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

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

13.16.300 Industrial waste permit or approval required.

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

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

13.16.310 Discharge of violating matter – City determination required.

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

13.16.320 Sewage pretreatment required when.

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

13.16.330 Discharge of septic tank wastes prohibited.

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

13.16.340 Injuring or removing sewers prohibited.

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

13.16.360 Violation – Penalty.

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

Chapter 13.20
SEWER BILLINGS

Sections:

13.20.010 Applicability.

13.20.020 Definitions.

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

13.20.040 Billing commencement date – Request for discharge.

13.20.060 Establishment of classifications – Appeal – Hearing.

13.20.070 Rates and charges adopted.

13.20.080 Violation – Penalty.

13.20.010 Applicability.

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

13.20.020 Definitions.

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

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

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

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

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

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

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

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

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

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

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

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

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

13.20.040 Billing commencement date – Request for discharge.

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

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

13.20.060 Establishment of classifications – Appeal – Hearing.

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

13.20.070 Rates and charges adopted.

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

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

February 16, 1992 - 1993

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

2. Commercial and Industrial Service Charges and Commodity Charges.

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

Fixed monthly service charge:

through

12/15/91 12/16/92 1993

$10.30 $9.15 $9.15

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

TABLE I

RATES FOR COMMERCIAL/INDUSTRIAL USER GROUP

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

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

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

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

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

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

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

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

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

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

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

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

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

g. The commodity charge shall be determined as follows:

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

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

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

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

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

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

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

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

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

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

13.20.080 Violation – Penalty.

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

Chapter 13.24
SEWER CONSTRUCTION CHARGES

Sections:

13.24.010 Sewer line construction required when.

13.24.020 No charge for existing sewer when.

13.24.030 Determination of construction charges.

13.24.040 Repealed.

13.24.050 Repealed.

13.24.010 Sewer line construction required when.

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

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

13.24.020 No charge for existing sewer when.

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

13.24.030 Determination of construction charges.

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

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

B. Corner lots, sewer on one side:

1. Frontage = Width x Depth

           120

(Depth not to exceed 120 feet)

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

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

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

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

13.24.040 Fee in lieu of assessment – Generally.

Repealed by Ord. 1098.

13.24.050 Fee in lieu of assessment – Multifamily development.

Repealed by Ord. 1098.

Chapter 13.25
SEWER SYSTEMS – TRANSFER AGREEMENT WITH COUNTY

Sections:

13.25.010 MMC subordinate to county provisions.

13.25.010 MMC subordinate to county provisions.

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

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

Sections:

13.26.010 Findings.

13.26.020 Potential hazard declared.

13.26.030 Purpose.

13.26.040 Storm and surface water management utility created – Responsibilities.

13.26.050 Property transferred to utility.

13.26.060 Utility plan.

13.26.070 Utility administered by director.

13.26.080 System of charges.

13.26.090 Charges.

13.26.100 Billing and collection.

13.26.110 Penalties for nonpayment of bills.

13.26.120 Storm and surface water utility account – Annual report.

13.26.130 Reserved.

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

13.26.150 Definitions.

13.26.160 General provisions for permitting.

13.26.170 Regulated activities and allowed activities.

13.26.180 General requirements.

13.26.190 Approval standards.

13.26.200 Minimum requirements.

13.26.210 Contents of a storm water site plan.

13.26.220 Variance.

13.26.230 Purpose – Maintenance.

13.26.240 Maintenance – General requirements.

13.26.250 Inspection program.

13.26.260 General provisions.

13.26.270 Applicability.

13.26.280 Administration.

13.26.290 Enforcement.

13.26.010 Findings.

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

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

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

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

13.26.020 Potential hazard declared.

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

13.26.030 Purpose.

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

It is the purpose of this section to:

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

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

C. Maintain and protect groundwater resources;

D. Minimize adverse