Title 13
WATER AND SEWERS

Chapters:

13.02 Water and Sewer Service Funds

13.03 Definitions

13.04 Sewage and Drainage

13.05 Side Sewer Contractor Roster

13.06 Stormwater Maintenance Code

13.07 Wellhead Protection

13.08 Installing and Connecting Water Service

13.10 Cross-Connection and Backflow Prevention

13.11 Water and Sewer Connection Charges

13.12 Reimbursement Agreements for Utility Improvements

13.15 Latecomer Connection Charge – 180th Avenue N.E. Sanitary Sewer Improvements

13.16 Water and Sewer Service Rates

13.17 Utility Accounts

13.18 Stormwater Management Utility

13.20 Storm Drainage Capital Facilities Charges

13.21 Stormwater Engineering, Plan Review and Processing Fees

13.22 Repealed

13.24 Water Conservation

13.28 Sprinkling and Irrigation

13.32 Fluoridation of Water Supply

13.34 Streetlighting Charges

13.36 Utility Extensions Outside City Limits

13.38 Administrative and Processing Services – Cost Recoupment

Chapter 13.02
WATER AND SEWER SERVICE FUNDS

Sections:

13.02.010 Fund created.

13.02.020 Separate accounts for funds.

13.02.010 Fund created.

There is created and established in the office of the City Treasurer a special fund to be known and designated as the "City of Redmond Water and Sewer Revenue Fund." (Ord. 1682 § 1 (part), 1992).

13.02.020 Separate accounts for funds.

The City Treasurer shall maintain separate accounts for the "City of Redmond Water and Sewer Revenue Bond Fund, 1957," and "Water Revenue Bond Fund, 1951," and the "City of Redmond Water and Sewer Revenue Fund" and shall account separately for all monies received from consumers according to the rate schedules herein provided. (Ord. 1682 § 1 (part), 1992).

Chapter 13.03
DEFINITIONS

Sections:

13.03.010 Novelty Hill service area.

13.03.020 Redmond service area.

13.03.010 Novelty Hill service area.

The Novelty Hill service area is that area east of 196th Avenue N.E., south of Novelty Hill Road and east of 212th Avenue N.E., north of Novelty Hill Road. (Ord. 2107 § 1 (part), 2001).

13.03.020 Redmond service area.

The Redmond service area is that area west of 196th Avenue N.E., south of Novelty Hill Road and west of 212th Avenue N.E, north of Novelty Hill Road. (Ord. 2107 § 1 (part), 2001).

Chapter 13.04
SEWAGE AND DRAINAGE

Sections:

13.04.010 Purpose.

13.04.020 Definitions.

13.04.030 Owner to connect to sewer system.

13.04.040 Notice to connect – Connection by city.

13.04.041 Connection required — When — How made — Warrant to fund.

13.04.050 —

13.04.100 Repealed.

13.04.110 Permit required to install sewers.

13.04.120 Application.

13.04.130 Unauthorized connections reported.

13.04.140 When permit required – Open excavations.

13.04.150 Limits of permit.

13.04.160 Temporary connections.

13.04.170 Term of permit.

13.04.180 Fees.

13.04.190 Card carried.

13.04.200 Inspection procedure.

13.04.210 Filling trenches.

13.04.220 Open excavations – Time limit.

13.04.230 Noncompliance with standards – Notice.

13.04.240 City repairs – Costs.

13.04.250 Costs of installation borne by owner.

13.04.260 Use of existing sewers.

13.04.270 Backup remedies.

13.04.280 Position of sewers – Size of pipe.

13.04.290 Laying sewer on another’s property.

13.04.300 Construction standards.

13.04.310 Damaging public property prohibited.

13.04.320 Protecting excavations.

13.04.330 Restoring property required.

13.04.340 Discharge into sanitary sewers restricted.

13.04.350 Storm sewers.

13.04.360 Substances prohibited in sewers.

13.04.370 Interceptors required – When.

13.04.380 Food processing establishments.

13.04.390 Special treatment.

13.04.400 Manholes.

13.04.410 Test standards.

13.04.420 Special agreements.

13.04.430 Drainage.

13.04.440 Planting near sewers.

13.04.450 Testing waste.

13.04.460 Engineer’s rules.

13.04.470 Violator liable for expenses.

13.04.480 Penalty for violations.

13.04.010 Purpose.

This chapter is declared to be an exercise of the police power of the state of Washington and of the city to promote the public health, safety and welfare. Its provisions shall be liberally construed for the accomplishment of that purpose. (Ord. 208 § 1, 1957).

13.04.020 Definitions.

Words and phrases used in this chapter, unless the same shall be contrary to or inconsistent with the context, shall mean as follows:

(1) "B.O.D." (denoting biochemical oxygen demand) means the quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory procedure in five days at twenty degrees Centigrade, expressed in parts per million by weight.

(2) "City Engineer" includes an authorized representative.

(3) "Cover" means the depth of material lying between the top of the sewer or drain and the finished grade immediately above it.

(4) "Downspout" means the leader or pipe aboveground which is installed to conduct water from the roof gutter.

(5) "Drain" means any conductor of liquids.

(6) "Garbage" means solid waste from the preparation, cooking and dispensing of food, and from the handling, storage and sale of produce.

(7) "Garbage, properly shredded" means garbage that has been shredded to such a degree that all particles will be carried freely under the flow conditions normally prevailing in public sewers, with no particle greater than three-eighths inch in any dimension.

(8) "Hazardous materials" shall include such materials as flammable solids, corrosive liquids, radioactive materials, highly toxic materials, poisonous gases, reactive materials, unstable materials, hyperbolic materials and pyrophoric materials and any substance or mixture of substances which is an irritant, a strong sensitizer or which generates pressure through exposure to heat, decomposition or other means.

(9) "Health Officer" means the officer responsible for public health or his authorized representative.

(10) "House drain" means the cast iron pipe used for conveying sewage from the building to a point two and one-half feet outside the foundation wall, and if there is no foundation wall, to a point two and one-half feet beyond the outer line of any footings, pilings, building supports or porch under which it may run, whether such drain consists of one line extending from the building or of two or more such lines.

(11) "Industrial wastes" means the wastes from industrial process as distinguished from sanitary sewage.

(12) "Side-sewer contractor" means a contractor approved by the city to construct or repair side sewers and who is on the active side sewer contractor roster.

(13) "Natural outlet" means any outlet into a watercourse, pool, ditch, lake, sound, or other body of fresh, surface or ground water.

(14) "Parking strip, inside" means that portion of the street area lying between a public sidewalk location and the property line.

(15) "Parking strip, outside" means that portion of a street area lying between a public sidewalk location and the curb location.

(16) "Permit card" means a card issued in conjunction with any permit. The card shall be posted on the premises and shall be readily and safely accessible to the City Engineer.

(17) "Person" means any individual, firm, company, association, society, corporation or group.

(18) "pH" means the logarithm of the reciprocal of the weight of hydrogen ions in grams per liter of solution.

(19) "Public area" or "public place" means any space dedicated to or acquired by the city for the use of the general public.

(20) "Sewage" means a combination of the water-carried wastes from residences, business buildings, institutions and industrial establishments, together with such ground, surface and storm waters as may be present.

(21) "Sewage treatment plant" means any arrangement of devices and structures used for treating sewage.

(22) "Sewage works" means all the facilities for collecting, pumping, treating and disposing of sewage.

(23) "Sewer" means a pipe or conduit for carrying sewage.

(24) "Sewer plat" means a plat issued by the City Engineer in conjunction with any permit. The plat shall serve as his record of all matters pertaining to the permit.

(25) "Sewer, public" means a sewer in which all owners of abutting properties have equal rights, and which is controlled by public authority.

(26) "Sewer, sanitary" means a sewer which carries sewage, and to which storm, surface and ground waters are not intentionally admitted.

(27) "Sewer, storm" means a sewer which carries storm and surface waters and drainage, but excludes sewage and polluted industrial wastes.

(28) "Sidewalk" means the walkway in the public area lying parallel or generally parallel to the roadway. If the walk is not yet paved, all measurements shall be based on location and elevation established by the City Engineer.

(29) "Suspended solids" means solids that either float on the surface of or are in suspension in water, sewage or other liquids and which are removable by filtering.

(30) "Watercourse" means a channel in which a natural flow of water occurs or has occurred, either continuously or intermittently. (Ord. 1805 § 3, 1994; Ord. 1374 § 2, 1987: Ord. 208 § 2, 1957).

13.04.030 Owner to connect to sewer system.

The owner or occupant of any lands or premises shall connect all buildings located thereon and used as a receptacle or drainage with the nearest accessible public sewer whenever there is a public sewer within two hundred feet thereof. The City Engineer shall prescribe the manner in which such connections shall be made.

No drain or sewer shall be constructed so as to discharge upon the surface of any public area. (Ord. 208 § 3, 1957).

13.04.040 Notice to connect – Connection by city.

Whenever any land, buildings or premises is required to be connected with a public sewer or otherwise drained, as provided in Section 13.04.030, the Health Officer shall serve upon the owner, agent or occupant of the lands, buildings or premises a notice in writing, specifying the time within which such connection must be made, which time shall not be more than sixty days from the date of delivery of the notice.

If the owner, agent or occupant fails and neglects or refuses to connect his lands, buildings or premises with the public sewer within the time specified, the Health Officer shall notify the City Engineer, whereupon the City Engineer may make such connection. The cost thereof shall be charged to the owner, agent or occupant, and a bill showing the amount thereof mailed or delivered to him, or posted upon the premises, whereupon the amount shall immediately be paid to the City Treasurer. (Ord. 208 § 4, 1957).

13.04.041 Connection required – When – How made – Warrant to fund.

The Director of Public Works is empowered to compel the owners or the occupants of any lot or parcel of real property, the property line of which is located within 200 feet of a public sanitary sewer, to cause to be connected to such public sanitary sewer a sufficient sewer or drain pipe from all buildings and structures located thereon used for human occupancy or for use for any other purposes. It is intended to discontinue the use of septic tanks throughout the city in the interests of the public health and safety, and to carry out such purpose, all buildings on property situated within 200 feet of a public sanitary sewer shall be required to connect to the same within one year from January 1, 1973. No storm or drainage water shall be connected to the sanitary sewer; provided, further, that the Director of Public Works is empowered to compel the owners or occupants of any lot or parcel of real property, upon which pools, ditches, watercourses or waste water pipes are located, which are used as a receptacle or for drainage purposes, the property line of which is located within 200 feet of a separate storm sewer, to cause to be connected a sufficient sewer or drain pipe from said pools, ditches, watercourses or waste water pipes to the storm sewer. It is unlawful for any person or persons or corporation to make or attempt to make more than one connection to any "Y" or to make more than two such connections at any one standpipe, and no "Y" or standpipe which already has one or two such connections, as the case may be, shall be considered as an accessible point in such sewer as the term is herein used. It is unlawful for any person to connect any basement with a city sewer without installing a back water sewage valve at the outlet.

Any person who fails to comply with the requirements of this section shall be guilty of a violation of this chapter and be subject to a civil infraction in an amount not to exceed $500 per violation.

If any connection shall not be made within 30 days after written notice to the occupant or owner of such lot or parcel of property, building or structure by the city, the Director of Public Works is authorized to cause the connection to be made and to file a statement of the cost thereof with the City Clerk. Thereupon a warrant in the amount of such cost, payable to the Water and Sewer Department, shall be issued by the City Treasurer under the direction of the City Council and against the "City of Redmond Water and Sewer Revenue Fund." The amount of such warrant, plus interest at the rate of eight percent per year upon the total amount of such cost and penalty, shall be assessed against the property upon which the building or structure is situated, and shall become a lien thereon as herein provided. The total amount when collected shall be paid into the "City of Redmond Water and Sewer Revenue Fund." (Ord. 1682 § 2, 1992).

13.04.050 Installation by contractor – License fee – Bond.

Repealed by Ord. 1805. (Ord. 1480 § 21 (part), 1989: Ord. 209 § 1, 1958: Ord. 208 § 5, 1957).

13.04.060 Contractor license application – Renewal.

Repealed by Ord. 1805. (Ord. 1480 § 21 (part), 1989: Ord. 210 § 1, 1958).

13.04.070 Approving application.

Repealed by Ord. 1805. (Ord. 210 § 2, 1958).

13.04.080 Bond.

Repealed by Ord. 1805. (Ord. 1480 § 21 (part), 1989: Ord. 210 § 3, 1958).

13.04.090 Suspension – Revocation.

Repealed by Ord. 1805. (Ord. 210 § 4, 1958).

13.04.100 Renewal.

Repealed by Ord. 1805. (Ord. 210 § 5, 1958).

13.04.110 Permit required to install sewers.

It is unlawful to make any connection with any public or private sewer, drain or natural outlet without complying with all of the provisions of this chapter in relation thereto and having a permit to do so from the City Engineer. (Ord. 208 § 6, 1957).

13.04.120 Application.

(a) Application for the permit required by Section 13.04.110 of this chapter shall be filed with the City Engineer stating the name of the owner, the correct address and legal description of the property to be served, dimensions and location of any building on the property and the whole course of the drain from the public sewer or other outlet to its connection with the building or property to be served. The application shall be submitted to the City Engineer for approval, who may change or modify the same and designate the manner and place in which the sewers shall be connected with the public sewer, may also specify the material, size and grade of such sewer, and shall endorse his approval upon the application if the same is acceptable to him. The City Engineer will require the permittee to furnish him plans pertaining to the application and issuance of the permit.

(b) Upon approval of the application, the City Engineer shall issue for his records a sewer plat showing the size and location of the public sewer, the point of connection, the location of any buildings on the lot, and such other information as may be available and required.

(c) Upon approval of the application and issuance of the permit, it is unlawful to alter or to do any other work than is provided for in the permit.

(d) The City Engineer shall prepare and keep on file in his office all cards and records of sewer connections showing the information obtained in the course of inspection of completed work done under the permit. (Ord. 208 § 7, 1957).

13.04.130 Unauthorized connections reported.

It shall be the duty of any police officer and the Health Officer finding any person breaking ground for the purpose of making connection with a public or private sewer or drain, to ascertain if such person has

a permit therefor and, if not, to immediately report the fact to the City Engineer. (Ord. 208 § 8, 1957).

13.04.140 When permit required – Open excavations.

It is unlawful to construct, extend, relay, repair or to make connection to any sewer or drain inside the property line without obtaining a permit from the City Engineer as provided in Section 13.04.110. The City Engineer may issue the permit to the owner or occupant of any property to construct, extend, relay, repair or make connection to any private sewer or drain inside the property lines; provided, the owner or occupant shall comply with the applicable provisions of this chapter, except that he need not employ a licensed side sewer contractor to do the work. Should the owner or occupant employ a licensed side sewer contractor to do the work, the contractor shall take the permit in his own name and the owner, occupant or any other person shall lay no pipe on the contractor’s permit.

It is unlawful to leave unguarded any excavation made in connection with the construction or repair of any side sewer or private drain within four feet of any public place or to fail to maintain the lateral support of any public place in connection with the construction, alteration or repair of any side sewer or drain. (Ord. 208 § 9, 1957).

13.04.150 Limits of permit.

When a permit has been issued for a side sewer or drain as herein provided, no work other than that covered by the permit shall be done without the approval of the City Engineer. He may, if he deems the additional work of sufficient consequence, require a new permit to cover the same. (Ord. 208 § 10, 1957).

13.04.160 Temporary connections.

The City Engineer may, upon application containing such information as is required by him, issue a permit for a temporary connection to a public sewer, side sewer, drain or natural outlet. The permit may be revoked by the City Engineer at any time upon thirty days’ notice posted upon the premises and directed to the owner or occupant of the premises. In event the side sewer or drains are not disconnected at the expiration of the thirty days, the City Engineer may disconnect the same and charge the cost thereof to the owner or occupant. Such costs shall be immediately payable to the City Treasurer following a written notice of the amount thereof given to such owner or occupant or posted on the premises. A temporary permit shall be issued only upon the applicant recording with the county auditor an acceptable instrument agreeing to save the city harmless from all damage resulting to the city by reason of such temporary connection or disconnection, and exhibiting to the City Engineer the recording number thereof. (Ord. 208 § 11, 1957).

13.04.170 Term of permit.

No permit issued under this chapter shall be valid for a longer period than ninety days unless extended or renewed by the City Engineer upon application therefor prior to the expiration. Failure to renew the permit prior to expiration thereof shall require the payment of a new permit fee. (Ord. 208 § 12, 1957).

13.04.180 Fees.

Fees for side sewer permits shall be prescribed by resolution. (Ord. 1485 § 4, 1989: Ord. 1480 § 21 (part), 1989: Ord. 208 § 13, 1957).

13.04.190 Card carried.

The permit card required by this chapter must at all times during the performance of the work, and until the completion thereof and approval by the City Engineer, be posted in some conspicuous place at or near the work and must be readily and safely accessible to the City Engineer. (Ord. 208 § 14, 1957).

13.04.200 Inspection procedure.

Any person performing work under a permit issued pursuant to the provisions of this chapter shall notify the City Engineer when the work will be ready for inspection, and shall specify in such notification the location of the premises by address and the file number of the permit.

On any call for inspection, forty-eight hours notice plus Saturday, Sunday and holidays may be required by the City Engineer.

If the City Engineer finds the work or material used is not in accordance with this chapter, he shall notify the person doing the work, and also the owner of the premises, by posting a written notice on the permit card. The posted notice shall be all the notice that is required to be given of the defects in the work or material found in such inspection.

In the case of a licensed side sewer contractor, either the contractor or a competent representative shall be on the premises, whenever so directed to meet the inspector. (Ord. 208 § 15, 1957).

13.04.210 Filling trenches.

No trench shall be filled nor any sewer covered until the work shall have been inspected and approved by the City Engineer. (Ord. 208 § 16, 1957).

13.04.220 Open excavations – Time limit.

All work within the limits of any public area shall be prosecuted to completion with due diligence. If any excavation is left open beyond a time reasonably necessary to fill the same, the City Engineer may cause the same to be backfilled and the public area restored forthwith. Any cost incurred in such work shall be charged to the side sewer contractor in charge of the work and shall be immediately payable to the Treasurer by the contractor upon written notification of the amount thereof given to the contractor or posted at the location. (Ord. 208 § 17, 1957).

13.04.230 Noncompliance with standards – Notice.

If any work done under a permit granted is not done in accordance with the provisions of this chapter and the plans and specifications as approved by the City Engineer, and if the contractor or person doing the work shall refuse to properly construct and complete such work, notice of such failure or refusal shall be given to the owner or occupant of the property for whom the work is being done. The City Engineer may cause the work to be completed and the sewer connected in the proper manner. The cost of such work and any materials necessary therefor shall be charged to the owner or contractor and be payable by the owner or contractor immediately upon the City Engineer giving written notice of the amount thereof or posting a notice thereof on the premises. (Ord. 208 § 18, 1957).

13.04.240 City repairs – Costs.

When any side sewer is constructed, laid, connected or repaired, and does not comply with the provisions of this chapter, or where it is determined by the Health Officer or the City Engineer that a side sewer, drain, ditch, or natural watercourse is obstructed, broken, or inadequate and is a menace to health, or is liable to cause damage to public or private property, the Health Officer shall give notice to the owner, agent or occupant of the property in which such condition exists. If he shall refuse to reconstruct, relay, reconnect, repair, or remove the obstruction of the side sewer, drain, ditch, or natural watercourse within the time specified in such notice, the Health Officer shall so notify the City Engineer and the City Engineer may perform such work as may be necessary to comply with this chapter. The cost of such work so done shall be charged to the property owner or occupant and shall become immediately payable to the Treasurer upon written notice of the amount being given to the property owner or occupant or posted upon the premises. (Ord. 208 § 19, 1957).

13.04.250 Costs of installation borne by owner.

All costs and expense incidental to the installation, connection and maintenance of a side sewer shall be borne by the owner or occupant of the premises served by the side sewer. (Ord. 208 § 20, 1957).

13.04.260 Use of existing sewers.

The use of an existing side sewer may be permitted when approved by the City Engineer as conforming to all requirements of this chapter where a new or converted building or new installation replaces an old one. (Ord. 208 § 21, 1957).

13.04.270 Backup remedies.

In any building, structure or premises in which the house drain or other drainage is too low to permit gravity flow to the public sewer, the same shall be lifted by artificial means and discharged into the public sewer.

Whenever a situation exists involving an unusual danger of backups, the City Engineer may prescribe a minimum elevation at which the house drain may be discharged to the public sewer. Drains or sewers below the minimum elevation shall be lifted by artificial means; or, if approved by the City Engineer, a backwater sewage valve may be installed. The effective operation of the backwater sewage valve shall be the responsibility of the owner of the sewer or drain. Approval of a backwater sewage valve shall be made only upon the applicant recording with the county auditor an acceptable instrument agreeing to save the city harmless from all damage resulting therefrom, and exhibiting to the City Engineer the recording number thereof. (Ord. 208 § 22, 1957).

13.04.280 Position of sewers – Size of pipe.

All side sewers shall be laid on not less than two percent grade. There shall be not less than thirty inches from any foundation wall of any building, and, if there be no foundation wall, not less than thirty inches from the outer lines of any footings, pilings or building supports; shall have not less than sixty inches of cover at the curb line, or, in a public alley, thirty inches of cover at the property line, and eighteen inches of cover on the private property. No side sewer which is laid generally parallel to the curb or curb line shall have less than forty-eight inches of cover between the curb or curb line and the sidewalk or sidewalk line of less than thirty inches of cover between the sidewalk or sidewalk line and the property line. All cover measurements shall be based on the established grade, or on existing improvements, or shall be approved by the City Engineer. No side sewer shall be less than six inches in diameter in public area except as otherwise specified in the city’s "standard plans and specifications". Wherever a storm sewer is available, downspouts shall be connected therewith in a manner approved by the City Engineer; but such requirement shall not apply to the connection of any downspout with a sanitary sewer which is hereby prohibited and is unlawful. Not more than one building shall be connected to a side sewer except by permission of the City Engineer. Any one single-family residence shall be connected with not less than four inch diameter pipe and any multiple dwelling, industrial or commercial building, or group of two single family residences shall be connected with not less than six inch diameter pipe.

All vaults or privies shall be disinfected and filled with fresh earth. All septic tanks, cesspools and similar installations shall be disinfected and filled with fresh earth at the time of the discontinuance of the use thereof. (Ord. 208 § 23, 1957).

13.04.290 Laying sewer on another’s property.

Before any side sewer may be located on any building site other than that owned by the owner of the side sewer, the owner of the side sewer shall secure from the owner of the building site a written easement, duly acknowledged covering and granting the right to occupy such property for such purpose. The written easement shall, by the owner of the sewer, be recorded in the office of the county auditor.

Before the City Engineer shall issue a permit authorizing the laying of a side sewer on any building site other than the one served by it, the owner of the sewer shall secure from the building site owner and record with the auditor the sewer easement herein referred to and shall exhibit to the City Engineer the recording number thereof.

Where a side sewer is to be connected in a public area to a side sewer which is owned by another and does not involve an easement, written permission for the connection shall be obtained from the owner of such side sewer and shall be filed with the City Engineer before any permit authorizing such connection is issued.

Where physical conditions render compliance with the foregoing provisions impracticable, the City Engineer may issue a special permit for installation of a side sewer requiring compliance with said provisions insofar as is reasonably possible. Such permit shall be issued only upon the condition that the permittee shall record with the county auditor an instrument acceptable to the City Engineer agreeing to save harmless and indemnify the city from any damage or injury resulting from such installation. (Ord. 208 § 24, 1957).

13.04.300 Construction standards.

All material and workmanship in connection with the installation of any side sewer and connection with a public sewer shall be as required by the city’s "standard plans and specifications" except as to modifications or changes approved by the City Engineer.

Whenever it becomes necessary to disturb pavement in connection with any work authorized under this chapter, the opening shall be not less than two feet by seven feet nor more than two and one-half feet by eight feet; provided, that the City Engineer may specify a different size of said opening and additional cuts to be made when needed to insure a proper backfill.

No excavation shall be made in any public area except at the times and in the manner prescribed by the City Engineer.

All backfill of excavation and tunnels under concrete or asphalt surfacing and the restoration of these surfaces in public areas shall be done by the contractor under supervision of the City Engineer. (Ord. 208 § 25, 1957).

13.04.310 Damaging public property prohibited.

It is unlawful to break, damage, destroy, deface, alter, or tamper with any structure, appurtenance, or equipment which is part of the city sewer system, or, without authority from the City Engineer to break, damage, destroy or deface any public walk, curb, or pavement, or to make openings or excavations in a public area for the purpose of connecting to any public or private sewer. (Ord. 208 § 26, 1957).

13.04.320 Protecting excavations.

Any excavation made by any licensed sewer contractor in any public place or immediately adjacent thereto shall be protected and guarded by fencing or covering and by proper lights. The protection of the public from the danger of such excavation shall be the responsibility of the side sewer contractor. The contractor shall be liable on his bond for any damage caused by his failure to properly protect and guard such excavation as herein required. If the contractor fails to properly protect and guard such excavation as herein required, the City Engineer may properly protect and guard such excavation and charge the cost thereof to the side sewer contractor, who shall, upon receiving written notice of the amount of such charge or by the posting of a notice of the amount of such charge at the location of the excavation, immediately pay the same to the City Treasurer. (Ord. 208 § 27, 1957).

13.04.330 Restoring property required.

All streets, sidewalks, parking strips and other public areas except as mentioned in Section 13.04.300, disturbed or altered in the course of any side sewer or drainage work, shall be restored by the licensed sewer contractor to the original surface condition as approved by the City Engineer. In the event of the failure of the contractor to so restore the area, the City Engineer may make such restoration and charge the cost thereof to the side sewer contractor who shall, upon receiving written notice of the amount thereof, upon posting of such notice on the area make immediate payment thereof to the City Treasurer. (Ord. 208 § 28, 1957).

13.04.340 Discharge into sanitary sewers restricted.

No one shall discharge or cause to be discharged any stormwater, surface water, ground water, roof run-off, subsurface drainage, cooling water or unpolluted industrial process water to any sewer which is built solely for sanitary sewage. (Ord. 208 § 29, 1957).

13.04.350 Storm sewers.

Stormwater and all other unpolluted drainage shall be discharged to such sewers as are specifically designated as storm sewers to a natural outlet approved by the City Engineer. Industrial cooling water or unpolluted process water may be discharged, upon approval of the City Engineer to a storm sewer, or natural outlet. (Ord. 208 § 30, 1957).

13.04.360 Substances prohibited in sewers.

It is unlawful to discharge or cause to be discharged any of the following described waters or wastes in any public sewer, drain, ditch or natural outlets:

(1) Any liquid or vapor having temperature higher than one hundred fifty degrees Fahrenheit;

(2) Any water or waste which contains more than one hundred parts per million by weight of fat, oil or grease;

(3) Any gasoline, benzene, naphtha, oil, or other flammable or explosive liquid, solid or gas;

(4) Any garbage that has not been properly shredded;

(5) Any ashes, cinders, sand, mud, straw, hair, shavings, metal, glass, rags, feathers, tar, plastics, wood, paunch manure, or any other solid or viscous substances capable of causing an obstruction to the flow of sewers or other interference with the proper operation of the sewage works;

(6) Any waters or wastes having a pH lower than five and five-tenths, or higher than eight and five-tenths, or having any other corrosive property capable of causing damage or hazard to structures, equipment or personnel of the sewage works;

(7) 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, animals, fish or fowl, or create any hazard in the receiving waters of the sewage treatment plant;

(8) 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;

(9) Any obnoxious or malodorous gas or substance capable of creating a public nuisance;

(10) Any hazardous material, unless prior approval is obtained from the City Engineer. (Ord. 1374 § 3, 1987: Ord. 208 § 31, 1957).

13.04.370 Interceptors required – When.

No grease, oil, sand, liquid, waste containing grease or flammable material or other harmful ingredients in excessive amounts shall be discharged into any public sewer without the installation of interceptors, which shall be of a type and capacity approved by the City Engineer and shall be so located as to be readily accessible for cleaning and inspection.

When any interceptors are installed for private use, they shall be maintained by the owner at his expense and in continuously efficient operation at all times. (Ord. 208 § 32, 1957).

13.04.380 Food processing establishments.

Every commercial and institutional establishment processing food shall be so equipped as to prevent discharge of animal or vegetable parts of such size as can be retained on a standard twenty mesh screen having openings measuring approximately 0.84 millimeters. Any discharge of parts large enough to be retained on such a screen, whether intentional or unintentional, shall be deemed a violation of this chapter. The owners and/or operators of such food processing establishments shall make provision at their own expense for the elimination of all such screenings other than by discharge of the same into a public sewer. (Ord. 273 § 1, 1961: Ord. 208 § 32.5, 1957).

13.04.390 Special treatment.

Whenever preliminary treatment is necessary to reduce the B.O.D. to three hundred parts per million by weight or to reduce the objectionable characteristics of constituents to within the maximum limits prescribed in Section 13.04.360, such preliminary treatment shall be at the sole expense of the owner of the premises and shall be installed when the City Engineer determines that the same is necessary to comply with the standards prescribed.

All plans, specifications and any other pertinent information relating to proposed preliminary treatment facilities shall be submitted for approval of the City Engineer; and no construction of such facilities shall be commenced until such approval is noted on the plan.

Where such facilities are installed and used they shall be maintained continuously in satisfactory and efficient operation by the owner at his own expense. (Ord. 208 § 33, 1957).

13.04.400 Manholes.

In any property served by a side sewer carrying industrial wastes when required by the City Engineer, the owner or occupant shall install a control manhole in the side sewer to facilitate observation, sampling and measurement of the wastes. The manhole shall be accessibly and safely located and shall be constructed and installed in accordance with plans approved by the City Engineer. The manhole shall be installed and maintained by the owner or occupant at his sole expense. (Ord. 208 § 34, 1957).

13.04.410 Test standards.

All measurements, tests and analyses of the characteristics of waters and waste to which reference is made in these tests shall be determined in accordance with the standards prescribed in "standard methods for the examination of water and sewage", published jointly by the American Health Association and the American Water Works Association. (Ord. 208 § 35, 1957).

13.04.420 Special agreements.

The City Engineer shall make recommendations to the City Council in regard to entering into any agreement whereby any waste of unusual character may be accepted by the city for treatment before entry into the public sewer. The payment for such treatment shall be such as is fixed by the City Council. (Ord. 208 § 36, 1957).

13.04.430 Drainage.

All hard surface or graded areas such as parking lots and service station yards shall be drained in such a manner as will protect adjacent public and private property from damage. Drainage shall enter the storm sewer or other outlet by way of an interceptor of such design as is approved by the City Engineer. (Ord. 208 § 37, 1957).

13.04.440 Planting near sewers.

It is unlawful to plant within thirty feet of any public or private sewer any willow, poplar, cottonwood, soft maple, gum tree, or any other tree or shrub whose roots are likely to enter and obstruct the flow of said sewers.

The City Engineer is authorized to remove any trees or shrubs from any public street or the roots of any trees or shrubs which extend into any public street when such trees, shrubs or the roots thereof are obstructing or are liable to obstruct any public or private sewer or drain. Before making any such removal, the City Engineer shall give ten days notice in writing to the owner or occupant of the abutting property or the property on which such trees or shrubs are growing, requiring the owner or occupant to remove the same. If the written notice cannot be given to the owner or occupant, the notice may be posted on the premises or in the street at the location of the trees or shrubs requiring such removal. If the owner or occupant fails or refuses to remove such trees or shrubs and roots within the time specified, the City Engineer is authorized to do so and the cost thereof shall be charged to the owner or occupant. Upon giving such written notice of the amount thereof to the owner or occupant or by posting such notice at the location of the trees or shrubs, the cost thereof shall be immediately payable to the City Treasurer by such owner or occupant. (Ord. 208 § 38, 1957).

13.04.450 Testing waste.

The City Engineer or other city officials or employees, bearing proper credentials and identification, shall be permitted to enter upon any and all premises at all reasonable times for the purpose of inspection, observation, measurement, sampling and testing of sewers and sewage waste in accordance with the provisions of this chapter. It is unlawful for any person to prevent or attempt to prevent any such en

trance or obstruct or interfere with any such officer or employee while so engaged. (Ord. 208 § 39, 1957).

13.04.460 Engineer’s rules.

The City Engineer may make rules and regulations and amend the same from time to time, not inconsistent with the provisions of this ordinance, as he shall deem necessary and convenient to carry out the provisions of this chapter. (Ord. 208 § 40, 1957).

13.04.470 Violator liable for expenses.

Whoever violates any of the provisions of this chapter shall, in addition to any penalties provided for such violation, be liable for any expense, loss or damage occasioned thereby to the city. (Ord. 208 § 41, 1957).

13.04.480 Penalty for violations.

Violation of or failure to comply with the provisions of this chapter shall subject the offender to punishment as provided in Section 1.01.110. Each day that any violation or failure to comply exists shall constitute a separate offense. (Ord. 208 § 42, 1957).

Chapter 13.05
SIDE SEWER CONTRACTOR ROSTER

Sections:

13.05.010 Purpose.

13.05.020 Side sewer contractor roster.

13.05.030 Violation.

13.05.040 Application.

13.05.050 Side sewer contractor roster eligibility requirements.

13.05.060 Side sewer contractor bond.

13.05.070 Insurance.

13.05.080 Annual roster fee and application fee.

13.05.090 Removal from roster.

13.05.010 Purpose.

The purpose of this chapter is to regulate those persons authorized to perform work on side sewers within the public right-of-way and on private property in order to protect the sewer system from defective workmanship and materials, and to insure that the construction standards and the regulations of the city are followed. (Ord. 1805 § 2 (part), 1994).

13.05.020 Side sewer contractor roster.

A side sewer contractor roster is hereby established which shall be maintained by the Utility Division of the Public Works Department which shall contain the names of those contractors which are approved to perform work on side sewers. (Ord. 1805 § 2 (part), 1994).

13.05.030 Violation.

It is a violation of the Redmond Municipal Code for any person to make any connection to any public sewer, or to construct, alter, or repair any private sewer unless the person is an active contractor on the side sewer contractor roster, provided that a homeowner, who is not a contractor by trade, may make repairs to his/her side sewer if the repair is totally within the property of the homeowner. (Ord. 1805 § 2 (part), 1994).

13.05.040 Application.

All persons desiring to be included on the side sewer contractor roster are required to make application, pay an application fee, and pay the first year’s annual roster fee to the Utility Division of the Public Works Department. The application shall be reviewed by the Utility Division to determine if the contractor has sufficient knowledge and experience to carry on the business of a side sewer contractor, and is skilled in the laying and construction of side sewers. The information required in Section 13.05.050 of this chapter shall also be submitted with the application. (Ord. 1805 § 2 (part), 1994).

13.05.050 Side sewer contractor roster eligibility requirements.

The following requirements must be met in order to remain an active contractor on the side sewer contractor roster:

A. A city of Redmond business license;

B. A state of Washington contractor’s registration;

C. Proof of liability insurance;

D. A side sewer contractor’s bond;

E. Annual roster fee.

Should any of the above requirements not be met, the contractor shall be designated an inactive contractor on the side sewer contractor roster. Should any contractor remain so designated for more than twelve (12) months, the contractor shall be removed from the roster and a new application and fee will be required to re-instate the contractor. (Ord. 1805 § 2 (part), 1994).

13.05.060 Side sewer contractor bond.

Every side sewer contractor shall file with the Utility Division a bond in a form approved by the city in the amount of $5,000. (Ord. 1805 § 2 (part), 1994).

13.05.070 Insurance.

The contractor shall provide proof of liability insurance in the amount of $500,000 naming the city as an additional insured. (Ord. 1805 § 2 (part), 1994).

13.05.080 Annual roster fee and application fee.

The annual side sewer contractor roster fee and the application fee shall be set by Council resolution. The annual fee shall be for each calendar year period. (Ord. 1805 § 2 (part), 1994).

13.05.090 Removal from roster.

A contractor may be removed from the side sewer contractor roster for any of the following causes: failure to observe the laws and regulations of the city; failure to pay for labor or material used in the construction of a side sewer; fraud or misrepresentation to the owner, agent or occupant of a building for the purpose of obtaining a contract for the construction of a side sewer; or for nonpayment for work performed by the city for which a side sewer contractor may be liable. (Ord. 1805 § 2 (part), 1994).

Chapter 13.06
STORMWATER MAINTENANCE CODE

Sections:

13.06.010 Findings.

13.06.020 Statement of need.

13.06.030 Purpose.

13.06.040 Definitions.

13.06.050 Maintenance requirements.

13.06.060 Minimum requirements.

13.06.070 Disposal of waste from maintenance activities.

13.06.080 Compliance required.

13.06.090 Inspection requirements.

13.06.100 Inspection authority.

13.06.110 Inspection procedures.

13.06.120 Adjustment of utility fees.

13.06.130 Inspection and maintenance schedule.

13.06.140 Inspection and maintenance records.

13.06.150 Enforcement authority.

13.06.160 Enforcement policy.

13.06.170 Orders.

13.06.180 Penalty for violations.

13.06.190 Penalties due.

13.06.200 Severability.

13.06.210 Abrogation and restrictions.

13.06.220 Interpretation.

13.06.230 Conflicts.

13.06.240 State statutes and regulations adopted by reference.

13.06.010 Findings.

The Redmond City Council hereby finds that:

A. Stormwater facilities are a common feature of urban development.

B. Stormwater facilities must be regularly inspected, maintained, and repaired as necessary in order to function and perform as designed and to prevent or remove pollution and/or to reduce flooding.

C. If not adequately maintained, stormwater facilities can become less effective in preventing pollutants from entering surface waters and ground waters.

D. If not adequately maintained, stormwater facilities can fail and cause considerable damage to public and private property and resources as well as creating a health and safety risk for the public and wildlife. (Ord. 1870 § 1 (part), 1996).

13.06.020 Statement of need.

The Redmond City Council finds that this chapter is necessary in order to:

A. Ensure proper maintenance of all stormwater facilities within Redmond by setting minimum operating standards for inspection, maintenance, and repair of stormwater facilities.

B. Comply with Washington Department of Ecology (Ecology) and Puget Sound Water Quality Authority (PSWQA) regulations and requirements for local governments.

C. Prevent contamination and/or degradation of the local drinking water supply, surface water, ground water, and/or wildlife habitats. (Ord. 1870 § 1 (part), 1996).

13.06.030 Purpose.

The provisions of this chapter are intended to:

A. Provide standards and procedures for inspection, maintenance and repair of stormwater facilities in Redmond to help contribute to an effective, functional stormwater system.

B. Authorize the Redmond Stormwater Utility to require that stormwater facilities be inspected, maintained and repaired in conformance with this chapter.

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

D. Guide and advise all who conduct inspection, maintenance, and repair of stormwater facilities.

E. Prevent harmful materials from leaking, spilling, draining or being dumped into any public or private stormwater system. (Ord. 1870 § 1 (part), 1996).

13.06.040 Definitions.

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

A. "Best management practice" or "BMP" means physical, structural, and/or managerial practices that, when used singly or in combination, prevent or reduce pollution of stormwater. BMPs are listed and described in the Stormwater Management Manual.

B. "Director" means the Manager of the Stormwater Utility or his/her authorized representative.

C. "Harmful materials" are substances that may create a public nuisance or constitute a hazard to humans, animals, fish or fowl, or any solid, dangerous or extremely hazardous waste, as defined by the Chapter 173-304 of the Washington Administrative Code (WAC) (Minimum Functional Standards for Solid Waste Handling) or Chapter 173-303 WAC (Dangerous Waste Regulations). "Harmful materials" also include substances that, when released into the environment, may cause non-compliance with Chapters 246-290 WAC (Public Water Supplies), 173-200 WAC (Water Quality Standards for Ground Waters of the State of Washington), 173-201 WAC (Water Quality Standards for Surface Waters of the State of Washington), 173-204 WAC (Sediment Management Standards), or 173-340 WAC (The Model Toxics Control Act Cleanup Regulation).

D. "Minimum Operating Standards" means the construction, maintenance, inspection and repair standards that are described in the Stormwater Management Manual and are considered minimum.

E. "Nonstormwater discharges to the stormwater system" are discharges to any portion of the public or privately owned stormwater system that are not composed entirely of rainfall or snow melt. Examples may include, but are not limited to, sanitary wastewater, laundry wastewater, noncontact cooling water, vehicle wash wastewater, radiator flushing wastewater, spills from roadway accidents, and improperly disposed motor oil, solvents, lubricants, and paints.

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

G. "Stormwater" means that portion of precipitation that does not naturally percolate into the ground or evaporate, but flows via overland flow, interflow, channels or pipes into a defined surface water channel, or a constructed infiltration facility.

H. "Stormwater facility" means a constructed component of a stormwater system, designed or constructed to perform a particular function, or multiple functions. Stormwater facilities include, but are not limited to, pipes, swales, ditches, culverts, street gutters, detention basins, retention basins, constructed wetlands, infiltration devices, catch basins, oil/water separators, and sediment basins. Stormwater facilities are described in the Stormwater Management Manual. "Stormwater facility" includes both public and privately owned facilities.

I. "Stormwater Management Manual" or "Manual" means the Stormwater Management Technical and Guidance Manual for the Puget Sound Basin prepared by the State Department of Ecology and dated February, 1992 (or a technically equivalent manual approved by the State Department of Ecology and/or adopted by the City of Redmond).

J. "Stormwater system" means constructed and natural features which function together as a system to collect, convey, channel, hold, inhibit, retain, detain, infiltrate, divert, treat or filter stormwater. "Stormwater system" includes both public and privately owned features. (Ord. 1870 § 1 (part), 1996).

13.06.050 Maintenance requirements.

A. All stormwater facilities in the City of Redmond shall be maintained according to this chapter and the Stormwater Management Manual.

B. The Redmond Stormwater Division shall prepare a concise information handout outlining minimum requirements for maintenance and shall distribute this information (or notice of its availability) to all appropriate utility billing accounts. The Stormwater Division shall also prepare Minimum Operating Standards and include them in the Stormwater Management Manual. (Ord. 1870 § 1 (part), 1996).

13.06.060 Minimum requirements.

A. All stormwater facilities shall be inspected at regular intervals and maintained and repaired as needed to comply with the Minimum Operating Standards, the approved designs for stormwater facilities, stormwater permits which may be issued by the City of Redmond, the State Department of Ecology, or the Environmental Protection Agency (EPA), applicable construction standards, and the minimum requirements as stated in the Stormwater Management Manual.

B. All stormwater facilities shall be inspected by the City on a periodic basis, as described in Section 13.06.130 (Inspection Schedule). For example, facilities such as grassy swales shall be inspected more frequently than piped stormwater conveyance systems as specified in the Minimum Operating Standards. If, during an inspection, a facility is found not to be in compliance with the Minimum Operating Standards, all subsequent inspection and maintenance intervals shall be scheduled more frequently if determined by the Director to be necessary in order to assure future compliance.

C. Where maintenance and repair is found necessary to correct health or safety problems, to control harmful materials entering the stormwater system, or to remove harmful materials that have entered the stormwater system, such work shall be completed by the owner or operator of the stormwater system or stormwater facility within 24 hours. When maintenance and repair is found necessary to prevent water quality degradation, such work shall be completed within 14 calendar days. For other related problems, maintenance or repairs shall be completed within 30 calendar days.

D. Nonstormwater discharges to the stormwater system are prohibited, unless such discharges are authorized in accordance with Chapter 173-216 WAC (State Waste Discharge Permit Program) or Chapter 173-220 WAC (National Pollutant Discharge Elimination System Permit Program).

E. Harmful and prohibited materials, as defined in this chapter and the Minimum Operating Standards, shall not be allowed to enter any stormwater system. All such substances shall be stored, handled and disposed in a manner that will prevent them from entering the stormwater system. Storage, handling and disposal shall be conducted in accordance with Chapters 173-304 and 173-303 WAC. (Ord. 1870 § 1 (part), 1996).

13.06.070 Disposal of waste from maintenance activities.

A. Disposal of waste from maintenance activities shall be conducted in accordance with Chapters 173-304 and 173-303 WAC, the State Department of Ecology guidelines for disposal of waste materials from stormwater maintenance activities, and the Stormwater Management Manual.

B. In addition to any of the above mentioned existing regulations and guidelines, the Stormwater Utility may develop additional requirements for handling and disposal of waste generated from maintenance activities within Redmond which, upon adoption, shall also apply. Additional requirements will be placed in the Stormwater Management Manual. (Ord. 1870 § 1 (part), 1996).

13.06.080 Compliance required.

Property owners are responsible for the maintenance, operation and repair of stormwater systems and BMPs within their property. Property owners shall maintain, operate and repair these facilities in compliance with the requirements of this chapter and the Stormwater Management Manual. (Ord. 1870 § 1 (part), 1996).

13.06.090 Inspection requirements.

The Director is authorized to develop inspection procedures and requirements for all stormwater facilities in the City of Redmond. (Ord. 1870 § 1 (part), 1996).

13.06.100 Inspection authority.

Whenever implementing the provisions of this chapter or whenever there is cause to believe that a violation of this chapter has been or is being committed, the City’s inspector is authorized to inspect during regular working hours and at other reasonable times all stormwater systems within Redmond to determine compliance with the provisions of this chapter. (Ord. 1870 § 1 (part), 1996).

13.06.110 Inspection procedures.

A. Prior to making any inspections on private property, the inspector shall present identification credentials, state the reason for the inspection and request entry.

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

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

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

E. The inspector may inspect the stormwater system without obtaining a search warrant provided for in subsection D above, provided the inspection can be conducted while remaining on public property or other property on which permission to enter is obtained. (Ord. 1870 § 1 (part), 1996).

13.06.120 Adjustment of utility fees.

In the event any person, whose property has previously been provided with utility fee credits for on-site water quantity/quality control, refuses to allow the Director to inspect said facility or commits a violation of this code or the Utility Standards and Regulations, the Director shall cancel the water quality/quantity credits for the said property and adjust the billing rate for the said property accordingly. Whenever the Director shall make such an adjustment, a notice and order of adjustment shall be mailed to the owner of said property by certified and regular mail. The notice shall be deemed received when signed for by the owner or, if the owner fails or refuses to sign for the notice within the time provided by the postal service, within three days of mailing. The owner may request the Director to reconsider the notice and order by filing a request for such reconsideration within 10 days of receipt of the notice. The Director’s decision on any such reconsideration shall be final. (Ord. 1870 § 1 (part), 1996).

13.06.130 Inspection and maintenance schedule.

The Director shall establish inspection and maintenance scheduling and standards for all publicly and privately owned stormwater facilities. At a minimum, for all privately owned stormwater facilities, the base frequency for inspection and maintenance shall be annually. For all publicly owned stormwater facilities, the base frequency for inspection and maintenance shall be every three years. Adjustment to the maintenance frequency may be authorized when found appropriate by the Director. (Ord. 1870 § 1 (part), 1996).

13.06.140 Inspection and maintenance records.

Owners of storm drainage systems will be required to provide the Director with all existing inspection, maintenance and repair records, as well as any record drawings or diagrams that they may have for their storm drainage systems. (Ord. 1870 § 1 (part), 1996).

13.06.150 Enforcement authority.

The Director or his/her designee shall administer and enforce this chapter and shall have the authority to adopt and implement administrative procedures for such enforcement. (Ord. 1870 § 1 (part), 1996).

13.06.160 Enforcement policy.

Enforcement action shall be taken whenever a person has violated any provision of this chapter. The choice of enforcement action taken and the severity of any penalty shall be based on the nature of the violation, the damage or risk to the public or to public resources, and/or the degree of bad faith of the persons subject to the enforcement action. (Ord. 1870 § 1 (part), 1996).

13.06.170 Orders.

The Director shall have the authority to issue to an owner or person(s) representing an owner an order to maintain or repair a component of a stormwater facility or BMP to bring it in compliance with this chapter, the Stormwater Management Manual and/or other City regulations. The order shall include:

A. A description of the specific nature, extent and time of the violation and the damage or potential damage that reasonably might occur.

B. A notice that the violation or the potential violation cease and desist and, in appropriate cases, the specific corrective action to be taken.

C. A reasonable time to comply, depending on the circumstances.

D. Penalties that may be incurred by any owner of a stormwater system not in compliance with this chapter.

E. An order to the owner to provide to the Director a detailed plan showing drawings and steps that will be taken to achieve compliance within a specified time. This plan is subject to approval by the Director. (Ord. 1870 § 1 (part), 1996).

13.06.180 Penalty for violations.

A. Persons Subject to Penalty. Any person who violates or fails to comply with the requirements of this chapter or who fails to conform with the terms of an approval or order issued by the Director shall be subject to a civil penalty to be administered by the Code Compliance Hearing Examiner as provided in Chapter 1.14 of the Redmond Municipal Code. Each day of continued violation shall constitute a separate violation for purposes of this penalty.

B. Aiding or Abetting. Any person who, through an act of commission or omission, aids or abets in the violation shall be considered to have committed a violation for the purposes of the civil penalty.

C. Procedure for Imposing Penalty. The procedure for notice of violation and imposition of penalties under this chapter shall be the same as for other code violations as described in Chapter 1.14 of the Redmond Municipal Code; provided, that such procedures may be initiated by either the Director or the Code Compliance Officer upon request of the Director.

D. Community Service Alternative. The Director may, at his/her discretion, provide the option for payment of all or part of any penalties incurred by any person(s) to be made in the form of community service that will be of benefit to the environment and the City. If a person decides to avail themselves of this option when offered by the Director, the Director and the person shall enter into a formal, written agreement providing for the community service. This agreement shall include in detail the description of the service(s) to be rendered by the person(s) in penalty for noncompliance of this chapter. The description shall include the hours of service needed to offset the above mentioned penalties based on a mutually agreed upon hourly rate for service.

E. Re-Inspection Fees. In addition to the penalties to be imposed by the Code Compliance Hearing Examiner, the Director may impose a re-inspection fee for any account or storm drainage facility found not to be within compliance of this chapter. This inspection fee shall be independent of any current or future penalties that may be incurred by the property owner for noncompliance of this chapter.

F. Business License Revocation. In addition to any other penalty imposed, the Director may seek revocation of any business license held by the violator. The Director may request that the City Clerk revoke the violator’s business license for any of the following reasons: (a) noncompliance with this chapter, (b) not allowing for inspection of their stormwater facility, and (c) nonpayment of any fines or inspection fees incurred by the owner of the utility account. The procedures for revocation shall be those described in Chapter 5.04 of the Redmond Municipal Code. (Ord. 2180 § 1 (part), 2003: Ord. 1870 § 1 (part), 1996).

13.06.190 Penalties due.

Penalties imposed by the Code Compliance Hearing Examiner under this chapter shall become due and payable 30 days after receiving notice of penalty unless application for remission or mitigation is made or an appeal is filed. Whenever an application for remission or mitigation is made, penalties shall become due and payable 30 days after receipt of the decision regarding the remission or mitigation. Whenever an appeal of a penalty is filed, the penalty shall become due and payable after all review proceedings and a final decision has been issued confirming all or part of the penalty. If the amount of a penalty owed is not paid within the time specified in this section, the City of Redmond may take actions necessary to recover such penalties. (Ord. 2180 § 1 (part), 2003: Ord. 1870 § 1 (part), 1996).

13.06.200 Severability.

If any portion of this chapter or its application to any person, entity, or circumstance is held invalid, the remainder of this chapter or the application of the provision to other persons, entities, or circumstances shall not be affected. (Ord. 1870 § 1 (part), 1996).

13.06.210 Abrogation and restrictions.

It is not intended that this chapter repeal, abrogate, or impair any existing regulations, easements, covenants, or deed restrictions. However, where this chapter imposes greater restrictions, the provisions of this chapter shall prevail. (Ord. 1870 § 1 (part), 1996).

13.06.220 Interpretation.

The Director shall be responsible for interpreting the provisions of this chapter. The provisions of this chapter shall be held to be minimum requirements in their interpretation and application and shall be liberally construed to serve the purposes of this chapter. (Ord. 1870 § 1 (part), 1996).

13.06.230 Conflicts.

When any provision of any other chapter of the Redmond Municipal Code or the Redmond Community Development Guide conflicts with this chapter, that which provides greater environmental protection, as determined by the Director, shall apply unless specifically provided otherwise in this chapter. (Ord. 1870 § 1 (part), 1996).

13.06.240 State statutes and regulations adopted by reference.

The following state statutes and administrative regulations are hereby adopted by this reference as if set forth in full, to the extent necessary to interpret and implement this chapter:

A.	RCWs	Title
	43.20	Drinking Water
	70.95	Dangerous and Solid Waste
	70.105	Dangerous Waste, MTCA, Sediment Standards
	90.48	Ground Water, Surface Water, Sediment
	90.54	Ground Water
	90.70	Sediment

B.	WACs	Title
	173-200	Water Quality Standards for Ground Waters of the State of Washington
	173-201	Water Quality Standards for Surface Waters of the State of Washington
	173-216	State Waste Discharge Permit Program
	173-220	National Pollutant Discharge Elimination System Permit Program
	173-204	Sediment Management Standards
	173-303	Dangerous Waste Regulations
	173-304	Minimum Functional Standards for Solid Waste Handling
	173-340	The Model Toxics Control Act Cleanup Regulation
	246-290	Public Water Supplies

(Ord. 1870 § 1 (part), 1996).

Chapter 13.07
WELLHEAD PROTECTION

Sections:

13.07.010 Purpose.

13.07.020 Authority.

13.07.030 Definitions.

13.07.040 Scope and applicability.

13.07.050 Information and operational requirements.

13.07.060 Hazardous Materials Questionnaire required.

13.07.070 Hazardous Materials Inventory Statement required.

13.07.080 Hazardous Materials Management Plan required.

13.07.090 Waiver of forms submittal.

13.07.100 Performance standards.

13.07.110 Wellhead monitoring program.

13.07.120 Reporting of hazardous substances releases and completion of cleanup.

13.07.130 Inspections.

13.07.140 Appeals.

13.07.150 Enforcement authority.

13.07.160 Enforcement policy.

13.07.170 Orders.

13.07.180 Penalty for violations.

13.07.190 Penalties due.

13.07.200 Severability.

13.07.210 Abrogation and restrictions.

13.07.220 Interpretation.

13.07.230 Conflicts.

13.07.010 Purpose.

The purpose of this chapter is to:

A. Fulfill public water system wellhead protection program requirements of Chapter 246-290 WAC.

B. Protect the general public health and prevent contamination of groundwater resources used by the City as a drinking water supply from hazardous materials and other deleterious substances through the following methods:

1. Preventing pollution;

2. Establishing wellhead protection zones around the City’s water supply wells;

3. Prohibiting new facilities or activities that may pose a significant hazard to the City’s groundwater resources resulting from storing, handling, treating, using, producing, recycling, or disposing of hazardous materials or other deleterious substances;

4. Imposing standards for storing, handling, treating, using, producing, recycling, or disposing of hazardous materials so as to preclude the introduction of such materials into soil, surface water, or groundwater; and

5. Establishing a monitoring program to detect the presence of contaminants in groundwater prior to their reaching the City’s water supply wells. (Ord. 2180 § 1 (part), 2003).

13.07.020 Authority.

This chapter is established under authority of the Optional Municipal Code (Chapter 35A.70 RCW), Growth Management Act (Chapter 36.70A RCW), Public Water Systems – Penalties and Compliance (Chapter 70.119A RCW), and Public Water Supplies (Chapter 246-290 WAC). (Ord. 2180 § 1 (part), 2003).

13.07.030 Definitions.

For the purpose of this chapter, the following definitions shall apply. Additional definitions related to wellhead protection are located in Chapter 20A20 RCDG.

(1) "Business license" means that document issued by the City under authority of Chapter 5.04 of the Redmond Municipal Code licensing the transaction of the indicated business by the person whose name appears thereon for the stated year.

(2) "Director" means the Director of the Public Works Department or his/her designee.

(3) "Hazardous Materials Inventory Statement" means a form provided by the City of Redmond and completed by a facility owner or operator that discloses the types, quantities, and locations of hazardous materials and other deleterious substances that are or will be stored, handled, treated, used, produced, recycled, or disposed of at the facility. The Hazardous Materials Inventory Statement shall be prepared pursuant to requirements of the Redmond Fire Code, Chapter 20E.100 RCDG.

(4) "Hazardous Materials Management Plan" means a form provided by the City of Redmond and completed by a facility owner or operator that includes the facility description, the Hazardous Materials Inventory Statement; descriptions of separation, secondary containment, and monitoring for aboveground and underground storage areas and waste disposal; record keeping; an emergency response plan; and an emergency response training plan. The Hazardous Materials Management Plan shall be prepared pursuant to requirements of the Redmond Fire Code, Chapter 20E.100 RCDG.

(5) "Hazardous Materials Questionnaire" means a form provided by the City of Redmond and completed by a facility owner or operator that discloses the types and estimated amounts of hazardous materials used by the facility, and the operational activities of the facility.

(6) "Monitoring well" means a well designed to obtain a representative groundwater sample or designed to measure the water level elevations in either clean or contaminated water or soil.

(7) "Operator" means any person or persons in control of, or having responsibility for, the operation of a facility.

(8) "Owner" means for purposes of this chapter, a person or persons with a vested ownership interest in a facility, including a leasehold interest, but does not include persons holding only contingent interests or security interests in all or a portion of the facility.

(9) "Person" means an individual, firm, association, joint venture, partnership, municipality, government agency, political subdivision, industry, public or private corporation, owner, lessee, tenant, or any other entity whatsoever.

(10) "RCDG" means the Redmond Community Development Guide.

(11) "Redmond Fire Code" means the fire code adopted by the City of Redmond.

(12) "Retail facility" means a building, structure, or portion thereof, used for the display and sale of merchandise, and involving stocks of goods, wares, or merchandise incidental to such purposes and accessible to the public. Retail facilities include, but are not limited to, the following: department stores, drug stores, markets, paint stores without bulk handling, shopping centers, and wholesale and retail stores.

(13) "Wellhead Protection Zones" means land areas delineated by the City for purposes of safeguarding groundwaters that supply, or potentially supply, drinking water to wells operated by the City. (Ord. 2180 § 1 (part), 2003).

13.07.040 Scope and applicability.

A. The provisions of this chapter shall apply to all facilities, activities, and residences in the City of Redmond that store, handle, treat, use, produce, recycle, or dispose of hazardous materials or deleterious substances.

B. Boundaries for wellhead protection zones are delineated in the map "City of Redmond Wellhead Protection Zones" adopted as part of RCDG 20D.140.10-040. Wellhead Protection Zones are classified into four zones: Wellhead Protection Zones 1, 2, and 3, as defined in accordance with Chapter 246-290 WAC, and Wellhead Protection Zone 4.

1. Wellhead Protection Zone 1 represents the land area overlying the six-month time-of-travel zone of any public water source well owned by the City.

2. Wellhead Protection Zone 2 represents the land area that overlies the portion of the one-year time-of-travel zone that does not lie in the six-month time-of-travel zone of any public water source well owned by the City, excluding the land area contained within Wellhead Protection Zone 1.

3. Wellhead Protection Zone 3 represents the land area that overlies the portion of the five-year and ten-year time-of-travel zones of any public water source well owned by the City that does not lie in the one-year time-of-travel zone, excluding the land area contained within Wellhead Protection Zone 1 or 2.

4. Wellhead Protection Zone 4 represents all the remaining land area in the City not contained within Wellhead Protection Zone 1, 2, or 3.

The applicability of various requirements in this chapter shall depend upon the zone in which the facility or activity is located. (Ord. 2180 § 1 (part), 2003).

13.07.050 Information and operational requirements.

A. Any facility, activity, or residence in the City in which hazardous materials or other deleterious substances are present shall be operated in a manner that ensures safe storage, handling, treatment, use, production, and recycling or disposal of such materials and substances and prevents their unauthorized release to the environment.

B. In no case shall hazardous materials or other deleterious substances be stored, handled, treated, used, produced, recycled, or disposed of in a way that would pose a significant groundwater hazard within the City of Redmond. (Ord. 2180 § 1 (part), 2003).

13.07.060 Hazardous Materials Questionnaire required.

A. The Director shall review and approve the Hazardous Materials Questionnaire submitted in accordance with RMC 5.04.070(D). The Director shall use the Hazardous Materials Questionnaire to determine whether the applicant must submit a Hazardous Materials Inventory Statement. If the Director determines that a Hazardous Materials Inventory Statement is required, the applicant must submit it within 30 days of receipt of notice from the City. The City may grant a one-time thirty (30) day extension at the written request of the applicant.

B. Information requirements for public agencies, institutions, nonprofit organizations, and any other organization which is not required to have a business license in Zone 1, 2, or 3 that use hazardous materials:

1. By January 31st of each year, or at the request of the Director, public agencies, nongovernmental agencies, nonprofit organizations, or any other organization not required to have a business license shall complete a Hazardous Materials Questionnaire and shall comply with the wellhead protection chapter accordingly.

2. If it is determined that the public agency, governmental agency, institution, non-profit organization, or other organization not required to have business license is required to submit a Hazardous Materials Inventory Statement. The entity must submit the Hazardous Materials Inventory Statement within thirty (30) days of a receipt of notice from the City.

C. The following facilities or activities are exempt from submitting a Hazardous Materials Questionnaire:

1. Heating equipment fuel tanks with a capacity of less than one thousand one hundred (1,100) gallons existing as of the effective date of this chapter and containing heating fuel for consumptive use on the parcel where used.

2. Petroleum products stored in vehicle or equipment fuel tanks.

3. Storage within retail facilities of hazardous materials or other deleterious substances for sale in original containers with a capacity of less than or equal to five (5) gallons liquid or one hundred (100) pounds solid.

4. Application of fertilizers and pesticides and their commercial formulations, if done in accordance with state and federal standards for accepted farming and horticultural practices.

5. Temporary presence of maintenance chemical substances, such as paints and paint thinners, that are actively in use for nonroutine maintenance or repair of a facility in individual containers not to exceed five (5) gallons liquid or one hundred (100) pounds solid.

D. If it is determined that a facility or an activity that has been exempted under subsection C of this section poses a significant groundwater hazard, the City may require compliance with relevant provisions of this chapter.

E. If the use of an exempt facility is changed or if the facility is expanded or upgraded, the owner or operator shall submit a Hazardous Materials Questionnaire within thirty (30) days of the change to determine the regulatory status of the facility under this chapter. (Ord. 2180 § 1 (part), 2003).

13.07.070 Hazardous Materials Inventory Statement required.

A. If the Hazardous Materials Questionnaire determination establishes that a facility or activity transfers, stores, handles, uses, produces, recycles, or disposes of aggregate quantities of hazardous materials or deleterious substances equal to or greater than twenty (20) gallons liquid or two hundred (200) pounds solid, the owner or operator of the facility or activity must submit a Hazardous Materials Inventory Statement within thirty (30) days of receipt of notice from the City. The Hazardous Materials Inventory Statement shall reflect all current and anticipated types and quantities of hazardous materials and other deleterious substances that will be stored, handled, treated, used, produced, recycled, or disposed of at a facility. The City shall review and approve the Hazardous Materials Inventory Statement. The Hazardous Materials Inventory Statement shall be used by the Director to determine if a Hazardous Materials Management Plan is required.

B. Use of Information from Other Jurisdictional Agencies. Information required in the Hazardous Materials Inventory Statement may be substituted with or supplemented by information already documented or tabulated in an equivalent level of detail in a permit issued to the facility or activity by other jurisdictional agencies. The information must be submitted in a format acceptable to the City. (Ord. 2180 § 1 (part), 2003).

13.07.080 Hazardous Materials Management Plan required.

A. If the Director determines that a facility or activity has aggregate quantities of hazardous materials or other deleterious substances of more than fifty (50) gallons liquid or five hundred (500) pounds solid or if the Director determines the facility or activity would pose a significant groundwater hazard, the owner or operator must submit a Hazardous Materials Management Plan within sixty (60) days of receipt of notice from the City. The City may grant a one-time thirty (30) day extension at the written request of the owner or operator. The Hazardous Materials Management Plan shall be submitted in a format approved by the City and shall include the location of the Material Safety Data Sheets at the facility.

B. Availability of the Hazardous Materials Management Plan. The facility owner or operator shall make certain that a copy of the Hazardous Materials Management Plan is available at the facility and is conspicuously located such that a copy or copies of the plan are immediately available to all employees involved with transferring, storing, handling, treating, using, producing, and recycling or disposing of hazardous materials or other deleterious substances.

C. Training Requirements. The facility owner or operator shall ensure that all employees involved with transferring, storing, handling, treating, using, producing, and recycling or disposing of hazardous materials or other deleterious substances are familiar with the Hazardous Materials Management Plan through regular training. (Ord. 2180 § 1 (part), 2003).

13.07.090 Waiver of forms submittal.

A. The submission of a new Hazardous Materials Questionnaire, Hazardous Materials Inventory Statement, or Hazardous Materials Management Plan may be waived if the previously submitted forms on file with the Director are accurate and up-to-date.

B. The request for waiver must be submitted annually on a form provided by the Director and must be signed by the owner or operator attesting that there have been no changes in operation standards, or quantities or types of hazardous materials transferred, stored, handled, used, produced, recycled, or disposed of at the facility as reported in the forms on file.

C. The City may require submittal of a renewed Hazardous Materials Questionnaire, Hazardous Materials Inventory Statement, and/or Hazardous Materials Management Plan at its discretion. (Ord. 2180 § 1 (part), 2003).

13.07.100 Performance standards.

A. General Standards. Within five (5) years, any facility or activity existing as of the effective date of this chapter within which hazardous materials or other deleterious substances are present shall comply with the relevant performance standards in RCDG 20D.140.10-300 or equivalent best management practices acceptable to the City.

B. Specific Performance Standards. The following specific performance standards apply to the following listed facilities within Wellhead Protection Zone 1 or 2:

1. Sewer Pipelines. Should the Director have reason to believe that the operation of a sewer pipeline and conveyance system appurtenances existing as of the effective date of this chapter may be degrading groundwater quality, the Director may require that leak testing be conducted. Should leakage be detected, the Director shall require correction to his/her satisfaction.

2. Stormwater Infiltration Systems. Stormwater infiltration systems existing as of the effective date of this chapter located at regulated facilities must address specific releases posed by hazardous material storage or processing. These risks may be mitigated by physical means or equivalent best management practices in accordance with an approved Hazardous Materials Management Plan for the regulated facility.

a. Within five (5) years of the effective date of this chapter, any stormwater infiltration systems existing as of the effective date of this chapter shall be certified by a professional engineer or engineering geologist registered in the State of Washington as conforming to the requirements of the Washington Department of Ecology Stormwater Management Manual for Western Washington (2001), as adopted by the City of Redmond. If a system cannot be so certified, the system shall be modified such that the certification is attained.

b. Provisions to prevent releases of hazardous materials into stormwater systems shall be updated in the Hazardous Materials Management Plan and supported by upgraded or new infiltration system designs, as necessary, to reflect significant changes in types, quantities, and handling of hazardous materials.

c. The owner or operator of a regulated stormwater infiltration facility shall notify the Public Works Department that a stormwater infiltration system has been decommissioned within sixty (60) days of its decommissioning.

3. Underground Hydraulic Elevator Cylinders. The owner or operator of any facility with an underground hydraulic elevator pressure cylinder shall inspect the annulus at least once every six (6) months for evidence of hydraulic fluid leakage and report the results to the Director. If leakage is detected, the facility owner or operator shall complete repairs within thirty (30) days of discovery of leakage, and document such repairs to the Director within thirty (30) days of completion of repairs.

C. Residential Users. Residential users of hazardous materials living in the City of Redmond shall reduce contamination risks to groundwater by:

1. Following storage, use, and disposal instructions on all household hazardous chemical containers;

2. Following storage, use, application, and disposal instructions for pesticides, herbicides, and fertilizers;

3. Following storage, use, and disposal instructions for automotive fuels, lubricants, and cleaning products; and

4. Reporting unauthorized releases of hazardous materials into the environment. (Ord. 2180 § 1 (part), 2003).

13.07.110 Wellhead monitoring program.

A. The City may develop and maintain a Citywide Wellhead Monitoring Program in order to monitor water quality and detect potential contamination before it reaches the City’s water supply wells.

B. If the City has probable cause to suspect groundwater contamination at a facility, the City shall request permission of the owner or operator to install groundwater monitoring wells and sample at a frequency to be determined. If the request is denied, the City may apply for an administrative search warrant pursuant to Section 1.14.090 of the Redmond Municipal Code. (Ord. 2180 § 1 (part), 2003).

13.07.120 Reporting of hazardous substances releases and completion of cleanup.

A. The owner or operator of a facility shall provide a written notice to the Director at the same time as reporting a release under either of the following programs:

1. The Department of Ecology’s Model Toxics Control Act (MTCA) (Chapter 173-3440-300 WAC) Cleanup Regulations, or

2. The U.S. Environmental Protection Agency’s Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) (42 U.S.C. Section 9503c).

B. The owner or operator of a facility shall provide written notice to the Director within five (5) business days of receipt of a No Further Action letter from the Department of Ecology, or a final Record of Decision from U.S. Environmental Protection Agency, regarding confirmation of cleanup of a release at the facility. (Ord. 2180 § 1 (part), 2003).

13.07.130 Inspections.

A. The City shall have the right to inspect a facility at reasonable times for the purposes of determining compliance with this chapter. Inspections may include, but are not limited to, visual inspections of hazardous materials storage and secondary containment areas; inspections of Hazardous Materials Management Plans; and sampling of soils, surface water and groundwater.

B. Prior to making inspections on private property for compliance with this chapter, the City shall provide notice to the owner or operator of the date planned for the inspection. The City shall provide a minimum of twenty-four (24) hours’ notice unless there is an imminent threat to human health or the environment. Upon arrival, the City’s inspector shall present identification credentials, state the purpose of the inspection, and request entry.

C. In the event that access by a City inspector is denied, the City may apply to a court of competent jurisdiction for issuance of a search warrant authorizing entry for purposes of carrying out the inspections provided for under this section.

D. Coordination with Other City Inspection Programs. City inspectors shall endeavor to coordinate inspections for wellhead protection with stormwater, fire, and/or other applicable inspection programs. (Ord. 2180 § 1 (part), 2003).

13.07.140 Appeals.

Appeals concerning the application and administration of this chapter shall be processed according to the administrative procedures provided in Chapter 20F.30 RCDG unless associated with another permit, in which case the appeal procedures in Chapter 20F.30 RCDG for the associated permit will apply. (Ord. 2180 § 1 (part), 2003).

13.07.150 Enforcement authority.

The Director shall administer and enforce this chapter and shall have the authority to adopt and implement administrative procedures for such enforcement. (Ord. 2180 § 1 (part), 2003).

13.07.160 Enforcement policy.

Enforcement action shall be taken whenever a person has violated any provisions of this chapter. The choice of enforcement action taken and the severity of any penalty shall be based on the nature of the violation; the damage or risk to the public or to the underlying aquifer, groundwater wells, and drinking water infrastructure; and/or the degree of bad faith demonstrated by the person(s) subject to the enforcement action. In determining appropriate penalties to be assessed for violation(s) of the terms of the chapter, the City shall also consider the financial savings, if any, achieved by the violator in failing to comply with the terms of this chapter. (Ord. 2180 § 1 (part), 2003).

13.07.170 Orders.

A. The Director shall have the authority to issue to an owner or operator of a facility an order to bring the facility into compliance with this chapter. The order shall provide notice of compliance requirements including:

1. A description of the specific nature, extent, and time of the violation and the damage that might reasonably occur;

2. Notification that the violation cease and desist and, in appropriate cases, the specific corrective action to be taken;

3. A detailed plan enumerating the manner in which the corrective actions stipulated under subsection (A)(2) of this section will be undertaken to bring the facility into compliance and a schedule for undertaking such actions;

4. The timeframe within which the corrective action must be initiated and completed; and

5. Civil and/or criminal penalties that might be incurred by the owner or operator of a facility not in compliance with this chapter. (Ord. 2180 § 1 (part), 2003).

13.07.180 Penalty for violations.

A. Persons Subject to Penalty. Any person who violates or fails to comply with the requirements of this chapter or who fails to conform with the terms of an approval or order issued by the Director shall be subject to civil and/or criminal penalties. Civil and criminal penalties shall be administered as provided in Chapter 1.14 of the Redmond Municipal Code. Each day of continued violation shall constitute a separate violation.

B. Aiding or Abetting. Any person who, through an act of commission or omission, aids or abets a violation shall be considered to have committed a violation for the purposes of the civil penalty.

C. Procedures for Imposing Penalty. The procedures for notice of violation and imposition of penalties under this chapter shall be the same as for other code violations as described in Chapter 1.14 of the Redmond Municipal Code, provided, that such procedures may be initiated by either the Director or the Code Compliance Officer upon request of the Director.

D. Community Service or Supplemental Environmental Project Alternative. The Director may, at his/her discretion, provide the option for payment of all or part of any penalties incurred by any person(s) to be made in the form of community service or a Supplemental Environmental Project that will be of benefit to the environment and the City. If a person(s) decides to avail himself/herself of this option when offered by the Director, the Director and the person(s) shall enter into a formal written agreement providing for the community service or Supplemental Environmental Project. This agreement shall include, in detail, the description of the service(s) to be rendered or the project to be implemented by the person(s) in penalty for noncompliance with this chapter. The description shall include the hours of service(s) needed to offset the aforementioned penalties based on a mutually agreed upon hourly rate for service.

E. Reinspection Fees. In addition to the penalties imposed by the Code Hearing Examiner, the Director may impose a reinspection fee for any facility found not to be in compliance with this chapter. The reinspection fee shall be independent of any current or future penalties that may be incurred by the facility owner or operator for noncompliance with this chapter. (Ord. 2180 § 1 (part), 2003).

13.07.190 Penalties due.

Penalties imposed by the Code Hearing Examiner under this chapter shall become due and payable thirty (30) calendar days after receiving notice of the penalty unless application for remission or mitigation is made or an appeal filed. Whenever an application for remission or mitigation is made, penalties shall become due and payable thirty (30) calendar days after receipt of the decision regarding the remission or mitigation. Whenever an appeal of a penalty is filed, the penalty shall become due and payable after all review proceedings and a final decision has been issued confirming all or part of the penalty. If the amount of a penalty owed is not paid within the time specified in this section, the City may take actions necessary to recover such penalties. (Ord. 2180 § 1 (part), 2003).

13.07.200 Severability.

If any portion of this chapter or its application to any person or circumstance is held invalid, the remainder of this chapter or the application of the provision to other persons or circumstances shall not be affected. (Ord. 2180 § 1 (part), 2003).

13.07.210 Abrogation and restrictions.

It is not intended that this chapter repeal, abrogate, or impair any existing regulations, easements, covenants, or deed restrictions, unless specifically provided otherwise in this chapter. However, where this chapter imposes greater restrictions, the provisions of this chapter shall prevail. (Ord. 2180 § 1 (part), 2003).

13.07.220 Interpretation.

The Director shall be responsible for interpreting the provisions of this chapter. The provisions of this chapter shall be held to be minimum requirements in their interpretation and application and shall be liberally construed to serve the purposes of this chapter. (Ord. 2180 § 1 (part), 2003).

13.07.230 Conflicts.

When any existing provision of the Redmond Municipal Code or the Redmond Community Development Guide conflicts with this chapter, that which provides greater public health and environmental protection, as determined by the Director, shall apply, unless specifically provided otherwise in this chapter. (Ord. 2180 § 1 (part), 2003).

Chapter 13.08
INSTALLING AND CONNECTING WATER SERVICE

Sections:

13.08.010 Application for service.

13.08.015 Meters required.

13.08.020 Meters city property.

13.08.030 Installation charge.

13.08.032 Full service installation.

13.08.035 Water service modifications.

13.08.040 Exempt meters.

13.08.050 Unauthorized connections.

13.08.060 Fire sprinkler system connections.

13.08.010 Application for service.

All persons desiring water service from the city water system are required to make application for such service with the Utility Division. All water service installations made to the city water system shall be made by or under the direction of the Utility Division. (Ord. 1681 § 1, 1992: Ord. 194 § 2, 1956).

13.08.015 Meters required.

A. Each separate structure or use shall be served through at least one water meter to determine the water consumption. The following structures or uses do not need to be separately metered but may be combined with other metered structures or uses as described.

(1) Accessory buildings associated with single-family dwelling units, including garages, greenhouses, cabanas, workshops and similar structures not used for sleeping, cooking or other residence-specific functions may be combined with the associated single-family structure.

(2) Individual mobile homes in a mobile home park may be combined except that not more than twenty (20) units shall be served by a single meter.

(3) Restroom and accessory facilities serving a public park may be combined with other metered uses.

(4) "Portable" classroom buildings at a school may be combined as a single metered use but shall be separately metered from other primary structures.

B. Landscape irrigation systems shall be separately metered, except those installed at a single-family residence, or those installed at other use classifications where the use is served through a water meter less than one inch in size. At the option of the owner, the meter may be city owned or it may be a customer owned exempt meter as provided in Section 13.08.040.

C. Service to the residential units of a mixed use structure shall be served through a separate meter if there are more than two residential units.

D. Facilities which are owned and operated by the water utility are exempt from these requirements. (Ord. 1762 § 1, 1994).

13.08.020 Meters city property.

All water meters furnished by the city in such installations or connections shall be and remain the property of the city. (Ord. 194 § 3, 1956).

13.08.030 Installation charge.

An installation charge shall be paid by all persons connecting to the water system at the time of approval of an application for service. The charge shall be based upon the size of the water meter as follows:

Meter Size Cost

5/8" x 3/4" drop-in $ 405.00

1 inch drop-in 465.00

1.5 inch drop-in 655.00

2 inch drop-in 785.00

3/4 inch full service $ 1,745.00

1 inch full service 1,960.00

1.5 inch full service 2,210.00, or actual cost, whichever is greater

2 inch full service 2,400.00, or actual cost, whichever is greater.(Ord. 2036 § 1, 1999: Ord. 1799 § 1, 1994: Ord. 1681 § 2, 1992: Ord. 1362 § 2, 1987: Ord. 194 § 4, 1956).

13.08.032 Full service installations.

Full service installations shall only be constructed by the City only for single family residential structures on existing lots. Water service installations for all other developments (e.g., multi-family residential, commercial, industrial, and new residential plats and short plats) shall be constructed as part of the development improvements by the applicant or property owner. (Ord. 2036 § 2, 1999).

13.08.035 Water service modifications.

A charge shall be paid by all persons requesting a modification to their water service including adjustments of height, relocation, abandonment or other modifications. The charge shall be set by the City Engineer or his/her designee in an amount to cover the City’s full cost for constructing such modification. (Ord. 2036 § 3, 1999).

13.08.040 Exempt meters.

Privately owned meters which are proposed to be installed down stream of a city owned meter to measure water which is not subject to sewer charges shall be purchased from the city. The location of the privately owned meter shall be approved by the city and the materials used for the meter assembly shall be approved by the city. The charge for the city to provide and install the meter device shall be the same as the installation charge for drop-in meters of the same size. (Ord. 1682 § 3, 1992).

13.08.050 Unauthorized connections.

Any person connecting to the city water system other than under the supervision and approval of the Public Works Department, and any person reconnecting (turning on) water service after service shall have been discontinued pursuant to RMC 13.17.080 shall be guilty of a violation of this chapter and be subject to a civil infraction in an amount not to exceed $500 for each violation. (Ord. 1682 § 4, 1992).

13.08.060 Fire sprinkler system connections.

A. Single-Family Residential Systems. Fire sprinkler systems for single-family residential structures shall be metered. If separately metered, the meter shall be installed pursuant to an approved application for service. The fire sprinkler system may be separately metered or may be combined with the domestic water service to the dwelling.

B. Other Systems. Fire sprinkler systems for structures other than single-family residential structures shall not be separately metered. Such systems shall be connected to the city water system pursuant to construction drawings approved by the Utility Division of the Public Works Department and all connections shall be made pursuant to the applicable inspection and installation procedures set forth in the Uniform Fire Code. (Ord. 1799 § 2, 1994).

Chapter 13.10
CROSS-CONNECTION AND BACKFLOW PREVENTION

Sections:

13.10.010 Definitions.

13.10.020 Cross-connections declared unlawful.

13.10.030 Backflow prevention devices to be installed.

13.10.040 Adoption of state regulations.

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

13.10.060 Inspections.

13.10.070 Penalties.

13.10.010 Definitions.

For the purpose of this chapter:

(1) "Backflow" means a flow, other than the intended direction of flow, of any foreign liquids, gases or substances into the distribution system of the public water supply.

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

(3) "Cross-connection" means any physical arrangement whereby a public water supply is connected, directly or indirectly, with any other water supply system, sewer, drain, conduit, pool, storage reservoir, plumbing fixture or other device which contains or may contain contaminated water, sewage or other wastes or liquids of unknown or unsafe quality, which may be capable of imparting contamination to a public water supply as a result of backflow. (Ord. 1116 § 2, 1983).

13.10.020 Cross-connections declared unlawful.

The installation, maintenance, or operation of a cross-connection, which, in the opinion of the Director of Public Works or his designee, will endanger the water quality of the potable water supply of the city, is unlawful. (Ord. 1116 § 3, 1983).

13.10.030 Backflow prevention devices to be installed.

Backflow prevention devices, when required to be installed in the opinion of the Director of Public Works or his designated representative, shall be installed and maintained by the service customer on any service connection to the city water supply system where the backflow prevention devices are necessary for the protection of the city water supply. (Ord. 1116 § 4, 1983).

13.10.040 Adoption of state regulations.

Rules and regulations of the State Board of Health regarding public water supplies, WAC 248-54-820 through WAC 248-54-850, and the American Water Works Association, Pacific Northwest Section’s Third Edition of "Accepted Procedure and Practice in Cross-Connection Manual" as they presently exist, and as they may from time to time be amended in the future, are adopted by this reference as if set forth in full. (Ord. 1116 § 5, 1983).

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

Cross-connections declared in this chapter to be unlawful whether presently existing or hereinafter installed and/or services requiring backflow prevention devices pursuant to this chapter are public nuisances, and, in addition to any other provisions of this code or the ordinances of the city on abatement of public nuisances, shall be subject to abatement in accordance with the following procedure:

(1) In the event that the Director of Public Works or his designee determines that a nuisance as herein provided does exist, written notice shall be sent to the person in whose name the water service is established under the records of the city water division, or alternatively, a copy of such written notice shall be posted conspicuously on the premises served by the city water division.

(2) The notice shall provide that the nuisance described herein shall be corrected within thirty days of the date the notice is mailed or posted on the premises or water service will be discontinued.

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

(4) In the event that the nuisance, in the opinion of the Director of Public Works, or his designated representative, presents an immediate danger of contamination to the public water supply, service from the city water supply system to the premises may be terminated without prior notice; provided, however, notice will be posted on the premises in the manner provided above at the time the service is terminated. (Ord. 1116 § 6, 1983).

13.10.060 Inspections.

The Director of Public Works, or his designee, upon showing proper identification shall be allowed access to all portions of the premises, including buildings and structures, to which water is supplied, at reasonable hours of the day and for the sole purpose of inspecting and determining compliance on such property with all provisions of this chapter. Water service may be refused or discontinued to any premises for failure to allow such necessary access and inspections. (Ord. 1116 § 7, 1983).

13.10.070 Penalties.

In addition to the remedies set forth herein, any person found guilty of violating any of the provisions of this chapter shall be guilty of a misdemeanor and subject to the penalties as set forth in Section 1.01.110 of this code. (Ord. 1116 § 8, 1983).

Chapter 13.11
WATER AND SEWER CONNECTION CHARGES

Sections:

13.11.010 Purpose.

13.11.020 Intent of connection charges.

13.11.030 General connection charge.

13.11.032 Regional water connection charge.

13.11.035 Additional connection charge.

13.11.036 Loan program for additional connection charge.

13.11.040 Water and sewer stub charge.

13.11.050 Distribution of funds received.

13.11.060 Calculating and setting general connection charges.

13.11.090 Cost of the system.

13.11.100 Interest charge.

13.11.120 Application of reimbursement agreements.

13.11.130 Connection charge computations.

13.11.140 Failure to pay connection charges.

13.11.010 Purpose.

The purpose of this chapter is to establish water and sewer connection charges and to provide procedures and regulations for calculating and collecting the charges. (Ord. 1485 § 1 (part), 1989).

13.11.020 Intent of connection charges.

The City Council finds that it would be inequitable for owners of property to receive the benefit of connection to the water and sewer system without first paying their equitable share of the cost of the system. The City Council further finds that it is reasonable and lawful to establish connection charges to prevent such inequity from occurring. (Ord. 2108 § 1, 2001: Ord. 1485 § 1 (part), 1989).

13.11.030 General connection charge.

There is established a general water connection charge and a general sewer connection charge which shall be imposed on all owners of real property seeking to connect said property and improvements to the city water and/or sewer systems. (Ord. 1485 § 1 (part), 1989).

13.11.032 Regional water connection charge.

There is established a regional water connection charge which shall be imposed upon all owners of real property seeking to connect said property and improvements to the City water system. The amount of the regional water connection charge shall be equal to the regional capital facility charge imposed by the Cascade Water Alliance, plus an additional three percent (3%) of said charge, rounded up to the nearest dollar. The regional water connection charge shall be in addition to any and all other connection charges established by this chapter or elsewhere in the City’s Codes and ordinances. (Ord. 2108 § 4, 2001: Ord. 2037 § 1, 1999).

13.11.035 Additional connection charge.

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