Title 13
WATER, SEWERS AND PUBLIC SERVICES

Chapters:

13.04 Utility Department

13.08 Sewer Regulations

13.12 Water

13.13 Water Conservation Program

13.14 Cross-Connection Regulations

13.16 Garbage Collection and Control

13.20 Garbage Collection Business Regulations

13.24 Comprehensive Solid Waste Management Plan

Chapter 13.04
UTILITY DEPARTMENT

Sections:

13.04.010 Established.

13.04.020 Utility superintendent.

13.04.030 Changes in amounts of charges and payment procedures set by resolution.

13.04.040 Accounts kept for service and charges.

13.04.050 Bookkeeping and recordkeeping.

13.04.060 Rules and regulations – Generally.

13.04.070 Application or termination procedure.

13.04.080 Service line requirements.

13.04.090 Use as set forth in application.

13.04.100 Use by other persons prohibited.

13.04.110 Use to defective fixtures prohibited.

13.04.120 Shutting off water by city.

13.04.130 Sprinkling or irrigating regulations.

13.04.140 Damaging water system property.

13.04.150 Inspection rights.

13.04.160 Regulations governing connection to public sewer or use of private system.

13.04.170 Violation – Penalty.

13.04.010 Established.

There is established in the city of Sultan a utility department the function of which said department shall be to operate, maintain, control and extend the city water system; to operate, maintain and control the existing sewer system and to provide for the disposal of all sewage and waste. (Ord. 304 § 11, 1969; Ord. 235 § 1, 1957)

13.04.020 Utility superintendent.

A. There is established the office of utility superintendent which said officer and his assistants shall be appointed by the mayor and shall serve under his direction and at his pleasure.

B. It shall be the duty of said superintendent to supervise all operations of the utility department and to perform such specific duties as are set forth in this chapter and to perform such additional duties within his department as the city council may from time to time set by resolution. (Ord. 235 § 2, 1957)

13.04.030 Changes in amounts of charges and payment procedures set by resolution.

The amount of every utility fee, charge and cost of service provided by the utility department and the manner and time of payment thereof shall be established by resolution of the city council from time to time as such body deems proper. (Ord. 235 § 3, 1957)

13.04.040 Accounts kept for service and charges.

All accounts for utility service and charges shall be kept in the name of the owner of the property so served or charged. (Ord. 435, 1983; Ord. 235 § 4, 1957)

13.04.050 Bookkeeping and recordkeeping.

The city clerk/treasurer shall keep all necessary utility department books and records and send out such bills and statements as the city council prescribes by resolution. (Ord. 435, 1983; Ord. 235 § 5, 1957)

13.04.060 Rules and regulations – Generally.

The rules and regulations set out in SMC 13.04.070 through 13.04.150 shall apply in the operation of the city water system. (Ord. 235 § 7, 1957)

13.04.070 Application or termination procedure.

Application for water service or termination thereof shall be made to the city clerk/treasurer or utility superintendent on forms provided by the city and signed by the owner of the property to be served or his legally authorized agent. (Ord. 235 § 7(a), 1957)

13.04.080 Service line requirements.

A. Subject to department of health approved connections being available, the city shall furnish water service to the property line of the water user. When the number of approved connections is less than demand, or the reasonably anticipated increase in demand for water service, the city council by resolution, adopted after notice and a public hearing, may suspend, impose a moratorium on, limit or restrict the issuance of water availability letters and connections to the city’s water service.

B. All residential services shall be three-fourths-inch line.

C. The size of service lines to other type units shall be determined by the utility superintendent.

D. Each property owner shall be required to furnish a water service to each single dwelling with the exception of multiple living units and housetrailers. (Ord. 747-00; Ord. 235 § 7(b), 1957)

13.04.090 Use as set forth in application.

No person, corporation or firm supplied with water will be permitted to use it for any other purpose than that as set forth in the application. (Ord. 235 § 7(c), 1957)

13.04.100 Use by other persons prohibited.

No water consumer shall allow water to be taken or used from his premises by any person or by any family other than his own. (Ord. 235 § 7(d), 1957)

13.04.110 Use to defective fixtures prohibited.

No water will be furnished where there are any defective or leaking pipes, faucets, closets or other fixtures. When such are discovered services may be terminated. (Ord. 235 § 7(e), 1957)

13.04.120 Shutting off water by city.

The city reserves the right to shut off the water at any time in case of emergency without notice to the consumer and at any time for repairs, extensions or change of mains upon 24 hours’ notice in writing posted at the office of the city clerk/treasurer. (Ord. 235 § 7(f), 1957)

13.04.130 Sprinkling or irrigating regulations.

The use of water for sprinkling or irrigating shall be governed by rules established by the utility superintendent. (Ord. 235 § 7(g), 1957)

13.04.140 Damaging water system property.

It is unlawful for any person to willfully injure any curb box, curb stop, faucet, connection or service pipe, main or lateral pipes, hydrants or any other property belonging to the city water system, or in any manner or by any means pollute the water headworks or reservoirs belonging to or connected with said water system. (Ord. 235 § 7(h), 1957)

13.04.150 Inspection rights.

The utility superintendent shall have the right to enter on any property for the purpose of inspecting, maintaining, repairing or replacing any water lines, fixtures or appurtenances thereto which are located on said property. (Ord. 235 § 7(i), 1957)

13.04.160 Regulations governing connection to public sewer or use of private system.

No existing cesspool or septic tank which is located on property adjacent to or which could be served by an existing sewer line shall be repaired or replaced and if such cesspool or septic tank ceases to function it shall be the duty of the owner of such property to connect the premises thereon located to the city sewer system and remove the cesspool or septic tank therefrom.

A. No privies or outhouses shall be constructed or maintained within the city of Sultan.

B. The utility superintendent shall have the right to enter on any property for the purpose of inspecting, maintaining, repairing or replacing any sewer lines, fixtures or appurtenances thereto which are located on said property.

C. All housetrailers which are used as living quarters within the city must be connected to a sanitary sewer. (Ord. 235 § 9, 1957)

13.04.170 Violation – Penalty.

Any person violating any of the provisions of this chapter shall be guilty of a misdemeanor and on conviction therefor be fined in any sum not less than $5.00 nor more than $100.00 or be imprisoned in the city jail for not less than one day nor more than 30 days, or by both fine and imprisonment. (Ord. 235 § 11, 1957)

Chapter 13.08
SEWER REGULATIONS

Sections:

13.08.010 Permit required to connect to city system.

13.08.020 Proximity determinant for connection to city system.

13.08.025 Definitions.

13.08.030 Establishment of fees and charges.

13.08.040 Work standards.

13.08.050 Connection of cesspool, privy vault or cistern prohibited – Plumbing fixture restrictions.

13.08.060 Right of inspection by officials.

13.08.070 Defective plumbing or private sewer – Notice to owner – Action by city.

13.08.080 Damaging water or sewer system prohibited.

13.08.100 Permission required to excavate or build upon city sewer system.

13.08.110 Violation – Penalty.

13.08.010 Permit required to connect to city system.

A. No person shall connect a private sewer or drain to the city of Sultan sewer system, whether in a street or alley or where an easement or right-of-way has been secured across private property, without first obtaining a permit from the city clerk/treasurer.

B. Such permit shall be made in duplicate, shall describe the connection to be made and give its distance from the nearest manhole or standpipe, and shall contain a guarantee signed by the applicant that all requirements of this and other city ordinances will be complied with.

C. The duplicate permit shall be kept bound in the city files. (Ord. 136 § 1, 1927)

13.08.020 Proximity determinant for connection to city system.

All plumbing fixtures installed for use in any building or elsewhere shall be connected with the city sewer system if within 120 feet thereof; otherwise to a sanitary cesspool or private sewer. (Ord. 136 § 2, 1927)

13.08.025 Definitions.

The words and phrases set out in this section are defined as follows:

A. “Low income senior citizen” means persons 62 years of age or older, on or before January 31st of the year of the filing for the discount. Low income is based on 125 percent of the federal poverty guidelines.

B. “Base rate” means the minimum monthly charge for water/sewer service.

C. “Nonprofit social service agencies” means an agency designated to provide meaningful opportunities for social and economic growth of the disadvantaged and at risk sector of the population in order to assist their development into productive and self-reliant citizens. To accomplish this goal the agency will provide one or more of the following services without discrimination to individuals and families: basic needs, financial assistance, mental/physical health services, community building services, recreational services. (Ord. 827-03 § 1)

13.08.030 Establishment of fees and charges.

A. Sewer Rates. Sewer rates are hereby established for the following categories of service beginning on the effective date as indicated as follows:

Rate equals monthly base rate plus for commercial a volume rate for each additional 100 cubic feet.

“Monthly base rate” is the rate tabulated in the sewer rate schedule below.

“Volume rate for each additional 100 cubic feet” refers to the rate for each additional 100 cubic feet or fraction thereof of water usage over the first 600 cubic feet for the customer’s unit.

All rates are per dwelling or commercial unit. An accessory dwelling unit is considered a dwelling unit.

SEWER RATE SCHEDULE
Effective Date:	12/1/04	12/1/05	12/1/06	12/1/07	12/1/08
RESIDENTIAL (Flat rate)
Single-Family	$46.00	$49.00	$52.00	$54.00	$56.00
Low-Income Senior	$23.00	$24.50	$26.00	$27.00	$28.00
Multifamily	$46.00	$49.00	$52.00	$54.00	$56.00
Mobile Home Parks	$46.00	$49.00	$52.00	$54.00	$56.00
COMMERCIAL (Base + Volume)
Base Rate by Meter
3/4" Meter	$46.00	$49.00	$52.00	$54.00	$56.00
1" Meter	$64.40	$68.60	$72.80	$75.60	$78.40
1.5" Meter	$82.80	$88.20	$93.60	$97.20	$100.80
2" Meter	$133.40	$142.10	$150.80	$156.60	$162.40
3" Meter	$506.00	$539.00	$572.00	$594.00	$616.00
4" Meter	$644.00	$686.00	$728.00	$756.00	$784.00
6" Meter	$966.00	$1,029.00	$1,092.00	$1,134.00	$1,176.00
8" Meter	$1,334.00	$1,421.00	$1,508.00	$1,566.00	$1,624.00
Volume Rate/100 cf	$1.75	$1.90	$2.05	$2.20	$2.28
Volume included in Base	600 cf	600 cf	600 cf	600 cf	600 cf
(100 cubic feet = 748 gallons)
*Space occupancy and units are determined on January 1st and June 1st semi-annually for determination of number of units.

B. Sewer Service Connection Charge.

1. Sewer General Facilities Charge. There is hereby imposed on all parties seeking to connect to the sewer system a general facility charge as follows:

a. Residential. Based upon number of equivalent units multiplied by charge below.

b. Accessory Dwelling Unit (ADU).

i. Attached Unit. No separate charge and included in residential per unit cost of the principal use.

ii. Detached Unit. Fifty percent of an equivalent residential unit.

c. Commercial. Based upon equivalence of usage to equivalent residential unit multiplied by charge below. Charge will be determined on a case-by-case basis.

d. Nonprofit Social Service Agencies. Exempt from all or a portion of the commercial connection charge as determined by the public works director to reflect the mission of the agency to provide assistance to the poor, elderly, or the disabled.

e. Public and Private Parks, Recreational Areas or Facilities and Facilities Open Space Areas. Based upon equivalence of usage to equivalent residential unit multiplied by charge below. Charge will be determined on a case-by-case basis.

2. The charge per equivalent residential unit shall be, if paid before the city’s close of business on January 31, 2007, $7,983. If paid thereafter, the charge per equivalent residential uint shall be $9,106.

C. Permits. All necessary right-of-way use permits and easements must be obtained by the property owners before sewer service can be connected.

D. North Wagley’s Creek Basin Facility Charge.

1. In addition to the other charges set forth in this section, property within the North Wagley’s Creek Basin facility charge area (“area”) shall be charged $260.00 per residential dwelling unit and/or $130.00 per accessory dwelling unit. A description of the area is incorporated in Ordinance No. 707-99, and on file with the city clerk. Payment of this charge shall be made at the time of application for a building permit under SMC Title 15.

2. The charges identified in this subsection may be included by the city in future LID(s) for construction of improvements to the city sanitary sewerage system that connect the area to the city sanitary sewerage system.

E. Charges-in-Lieu of Assessment for Local Improvement Districts.

1. In addition to the other charges set forth in this section, property included within the boundaries of LID No. 97-1 but which was not then found specially benefited and not assessed as part of LID No. 97-1 and which connects, either directly or indirectly, to the improvements to the city’s sanitary sewerage system which were financed in whole or in part by the assessments within LID No. 97-1 (the “LID No. 97-1 improvements”) shall be subject to a charge-in-lieu of assessment in the amount specified in Ordinance No. 791-02 or, if no such charge is specified for that property, in an amount calculated in the same manner as the assessments against the property within LID No. 97-1 were calculated.

2. In addition to the other charges set forth in this section, property not included within the boundaries of LID No. 97-1 (but not including property subject to the North Wagley’s Creek Basin facility charge established by subsection (D) of this section) which connects, either directly or indirectly, to the LID No. 97-1 improvements shall be subject to a charge (in-lieu of assessment) in an amount equal to: (i) $260.00 per residential dwelling unit and/or $130.00 per accessory dwelling unit, if the property is in an area zoned for residential use, or (ii) $0.38 per square foot of permitted building area, if the property is not zoned for residential use.

3. In addition to the other charges set forth in this section, property not assessed for any local improvement district hereinafter established by the city (each, an “LID”) but which connects, either directly or indirectly, to the improvements to the city’s sanitary sewerage system financed in whole or part by the assessments within such LID (the “LID improvements”) shall be subject to a charge-in-lieu of assessment, which charge shall be calculated, insofar as reasonably practicable, in the same manner as the assessments against properties within such LID are calculated. The charge(s) imposed under this section shall be at least equivalent to the amount that would have been assessed if the property had been included in the LID.

4. There shall be added to the charges-in-lieu of assessment described in subsections (E)(1), (2) and (3) of this section interest on the amount of each such charge from the time of the installation of the LID No. 97-1 improvements or LID improvements, as applicable, to the time of connection (but not to exceed 10 years) at a rate equal to the average annual rate of interest on bonds or other obligations of the city issued to finance such improvements (but not to exceed 10 percent).

5. Payment of the charge(s) described in subsections (E)(1), (2) and (3) of this section, including interest thereon as described in subsection (E)(4) of this section, shall be made at the time of application for a building permit under SMC Title 15.

F. Late Payment Charge. Monthly payments for service shall be due 15 days after the city issues its statement for service. In the event payment is not made by the due date, a late payment charge shall be automatically added to defray the city’s increased cost of collection in the amount of the greater of five percent of the payment due or $5.00.

G. Security Deposit. Where a person or entity receiving service has been late in the payment of services under this chapter twice in any six-month period of time, or where a person or entity files for creditor relief under either state or federal law and there are charges due the city that are unpaid, the city treasurer may require the entity or person to post a security deposit in an amount up to twice the amount due the city as a condition of receiving continued service from the city.

H. All rates imposed under subsection (A) of this section are exclusive of any utility tax imposed on the city, and all billings to customers will be charged based upon the rate set out in subsection (A) of this section and in addition to the utility tax assessed against the city. (Ord. 941-06; Ord. 910-06 § 1; Ord. 865-04 §§ 1 – 4; Ord. 827-03 §§ 2, 3; Ord. 819-04 §§ 2, 3; Ord. 817-03 § 1; Ord. 755-00 § 1; Ord. 712-99 § 1; Ord. 707-99 § 2; Ord. 703-99; Ord. 681-98 § 1; Ord. 666-97; Ord. 665-97 §§ 1, 2; Ord. 662-97 § 1; Ord. 649-96 § 1; Ord. 628 §§ 1, 2, 3, 1995; Ord. 584 § 1, 1992; Ord. 565 §§ 1, 2, 1991; Ord. 544 § 2, 1990; Ord. 519 § 3, 1989; Ord. 136 § 3, 1927)

13.08.040 Work standards.

Only competent workmen shall be employed in making connection with the city sewer system; and all such work must be done under supervision of the city utility superintendent, and of material and in a manner satisfactory to him. (Ord. 447, 1983; Ord. 136 § 4, 1927)

13.08.050 Connection of cesspool, privy vault or cistern prohibited – Plumbing fixture restrictions.

A. No cesspool, privy vault or cistern shall be connected to the city sewer system; but rainwater conductors may be so connected.

B. No plumbing fixtures shall be connected to the city sewer system except through a water-seal trap, and no plumbing shall be used that because of its design or condition is considered unsanitary by the city council or any legally constituted health officer. (Ord. 136 § 5, 1927)

13.08.060 Right of inspection by officials.

The city utility superintendent and the city marshal shall have the privilege of entering upon private property at any reasonable hour for the purpose of ascertaining if plumbing and private sewers conform to the requirements of this chapter. (Ord. 447, 1983; Ord. 136 § 6, 1927)

13.08.070 Defective plumbing or private sewer – Notice to owner – Action by city.

Whenever any plumbing or private sewer is found defective or so out of repair as to be unsanitary or likely to become so, the city building inspector shall notify the owner or his agent in writing to make suitable alterations or repairs; and if such notice is not complied with within 10 days, the city may make such repairs and shall have a lien against the property for the cost. (Ord. 447, 1983; Ord. 136 § 7, 1927)

13.08.080 Damaging water or sewer system prohibited.

No person shall injure or remove any part of the city water system, nor deposit therein any object or substance that will clog up any opening or interfere with the flow of sewage or the operation of flush tanks, nor discharge therein any liquid or gas at a temperature above 140 degrees Fahrenheit. (Ord. 136 § 8, 1927)

13.08.100 Permission required to excavate or build upon city sewer system.

No person shall excavate for any purpose near any part of the city sewer system in such way as to endanger the same; nor build any foundation or structure over or near any sewer or appliances used to operate the sewer system without permission of the city building inspector. (Ord. 447, 1983; Ord. 136 § 10, 1927)

13.08.110 Violation – Penalty.

Any person violating any provision of this chapter shall be deemed guilty of a misdemeanor and upon conviction shall be fined not less than $5.00 nor more than $50.00. (Ord. 136 § 11, 1927)

Chapter 13.12
WATER

Sections:

13.12.005 Definitions.

13.12.010 Payment of bill – Enforcement.

13.12.020 Shut-off charges – Conditions for turning on again.

13.12.030 Disputed accounts.

13.12.040 Voluntary discontinuance.

13.12.050 Payment responsibility.

13.12.060 Rights of entry.

13.12.070 Unlawful interference or tampering with system unlawful – Penalty.

13.12.080 Establishment of fees and charges.

13.12.005 Definitions.

The words and phrases set out in this section are defined as follows:

A. “Low income senior citizen” means persons 62 years of age or older, on or before January 31st of the year of the filing for the discount. Low income is based on 125 percent of the federal poverty guidelines.

B. “Base rate” means the minimum monthly charge for water/sewer service.

C. “Nonprofit social service agencies” means an agency designated to provide meaningful opportunities for social and economic growth of the disadvantaged and at risk sector of the population in order to assist their development into productive and self-reliant citizens. To accomplish this goal the agency will provide one or more of the following services without discrimination to individuals and families: basic needs, financial assistance, mental/physical health services, community building services, recreational services. (Ord. 826-03 § 1; Ord. 603 § 1, 1993; Ord. 519 § 1, 1989)

13.12.010 Payment of bill – Enforcement.

A. All water/sewer charges assessed by the city shall be due and payable on the fifteenth day after the city issues its statement for service by mailing a bill to the owner of the premises served.

B. All payments not made on or before said date are delinquent and are declared to constitute a lien against the premises served, as provided by state law.

C. If payments are not made within 30 days after mailing of the bills, the city clerk/treasurer or representative, upon giving 10 days’ written notice to the owner and/or occupant of the premises, shall notify the utility department to shut off the water service to the premises until such time as all delinquent bills and service charges have been paid in full. (Ord. 871-04 § 1; Ord. 435, 1983; Ord. 346 § 1, 1976)

13.12.020 Shut-off charges – Conditions for turning on again.

A. In the event that the utility superintendent or representative shuts off water service by reason of a delinquent account, a shut-off charge of $10.00 shall be assessed and shall become a lien against the premises.

B. If the customer requests that service be turned on again, an additional charge of $10.00 shall be assessed.

C. No water service shall be turned on until such time as all delinquent bills and assessments provided for herein have been paid in full or satisfactory arrangements, at the discretion of the city clerk/treasurer or representative, have been made. No service shall be reconnected after normal working hours of the utility department except in the case of emergency. (Ord. 435, 1983; Ord. 346 § 2, 1976)

13.12.030 Disputed accounts.

In the event of a disputed account, the owner of the premises must tender the basic fee charged per month and if such tender is received by the city prior to the water service being shut off, the city shall not refuse service to the premises until suit has been entered by the city and judgment entered in the case. The owner must request a hearing before the utility committee within five days of disconnect notice to resolve the dispute. All decisions of the utility committee will be final. (Ord. 435, 1983; Ord. 346 § 3, 1976)

13.12.040 Voluntary discontinuance.

A. Should any customer desire to voluntarily discontinue the use of water for a period of more than one month, notice in writing must be given to the city utility clerk and payment of all water charges then accrued must be paid in addition to the turn-off fee.

B. Water service shall be resumed upon request and payment of the turn-on fee.

C. Remission of water charges shall not be made for a period of less than one month, nor without the notice provided for herein.

D. The city will not discontinue water service at the request of a landlord if it appears that the premises are occupied, and the utility turnoff is being used in a landlord/tenant dispute. (Ord. 435, 1983; Ord. 346 § 4, 1976)

13.12.050 Payment responsibility.

A. All water accounts shall be kept in the name of the owner of the premises for which the service is provided, and the owner shall be held responsible for water charges and assessments accruing at the premises owned by them.

B. The city will bill all accounts to the owner of the property to which utility services are being provided unless one of the following arrangements is made for the tenant to be billed for utility services: (1) the landlord may sign a contract with the city which makes the landlord responsible for the utility charges and the property subject to the utility charge lien if the tenant allows that account to become delinquent; (2) the landlord may request that the account be billed to the tenant provided that all charges to date have been paid and that the account is kept current by the tenant. No tenants of multiple-dwelling units will be billed separately.

C. Discontinuance of service for any cause stated herein shall not release the owner from his obligation for payment of delinquent bills and charges. (Ord. 435, 1983; Ord. 346 § 5, 1976)

13.12.060 Rights of entry.

The utility superintendent or representative shall have free access at all reasonable hours to building and premises to which water service is rendered for the purpose of inspecting the same and also for the purpose of exercising the right of water shutoff, either personally or by other employees of the city, in the event such account becomes delinquent. (Ord. 435, 1983; Ord. 346 § 6, 1976)

13.12.070 Unlawful interference or tampering with system unlawful – Penalty.

Every person who willfully damages, interferes or tampers with the water system of the city, or who makes an unauthorized connection thereto, or who turns water service on or off from a premises without permission from the utility superintendent or representative shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine of not less than $25.00 nor more than $250.00 in addition to all outstanding water service charges. (Ord. 435, 1983; Ord. 346 § 7, 1976)

13.12.080 Establishment of fees and charges.

A. Water Rates. Water rates are hereby established for the following categories of service beginning on the effective date as indicated as follows:

Rate equals monthly base rate plus volume rate for each additional 100 cubic feet.

“Monthly base rate” is the rate tabulated in the two water rate schedules below. The rates differ for service within the city’s corporate limits and without the city’s corporate limits.

“Volume rate for each additional 100 cubic feet” refers to the applicable rate whether within the city’s corporate limits or without for each additional 100 cubic feet or fraction thereof of water usage over the first 600 cubic feet for the customer’s unit.

All rates are per dwelling or commercial unit. An accessory dwelling unit is considered a dwelling unit.

“Corporate limits” refers to the city limits. If a property is bisected by the city limits, it will be determined to be within or without the corporate limits depending upon where the physical improvements served are located.

WATER RATE SCHEDULE

WATER CONNECTIONS LOCATED WITHIN THE CITY’S CORPORATE LIMITS
Effective Date:	12/1/04	12/1/05	12/1/06	12/1/07	12/1/08
Single-Family
Base Rate	$18.25	$20.25	$22.25	$24.25	$25.25
Volume Rate/100 cf	$1.75	$1.90	$2.05	$2.20	$2.28
Low-Income Senior
Base Rate	$9.13	$10.13	$11.13	$12.13	$12.63
Volume Rate/100 cf	$1.75	$1.90	$2.05	$2.20	$2.28
Multifamily	same as single-family
Mobile Home Parks	same as single-family
Commercial
Base Rate by Meter
3/4" Meter	$20.25	$22.25	$24.25	$26.25	$27.25
1" Meter	$28.35	$31.15	$33.95	$36.75	$38.15
1.5" Meter	$36.45	$40.05	$43.65	$47.25	$49.05
2" Meter	$58.73	$64.53	$70.33	$76.13	$79.03
3" Meter	$222.75	$244.75	$266.75	$288.75	$299.75
4" Meter	$283.50	$311.50	$339.50	$367.50	$381.50
6" Meter	$425.25	$467.25	$509.25	$551.25	$572.25
8" Meter	$587.25	$645.25	$703.25	$761.25	$790.25
Volume Rate/100 cf	$1.75	$1.90	$2.05	$2.20	$2.28
WATER CONNECTIONS LOCATED OUTSIDE THE CITY’S CORPORATE LIMITS
Effective Date:	12/1/04	12/1/05	12/1/06	12/1/07	12/1/08
Single-Family
Base Rate	$27.38	$30.38	$33.38	$36.38	$37.88
Volume Rate/100 cf	$2.63	$2.85	$3.08	$3.30	$3.42
Low-Income Senior
Base Rate	$13.69	$15.19	$16.69	$18.19	$18.94
Volume Rate/100 cf	$2.63	$2.85	$3.08	$3.30	$3.42
Multifamily	same as single-family
Mobile Home Parks	same as single-family
Commercial
Base Rate by Meter
3/4" Meter	$30.38	$33.38	$36.38	$39.38	$40.88
1" Meter	$42.53	$46.73	$50.93	$55.13	$57.23
1.5" Meter	$54.68	$60.08	$65.48	$70.88	$73.58
2" Meter	$88.09	$96.79	$105.49	$114.19	$118.54
3" Meter	$334.13	$367.13	$400.13	$433.13	$449.63
4" Meter	$425.25	$467.25	$509.25	$551.25	$572.25
6" Meter	$637.88	$700.88	$763.88	$826.88	$858.38
8" Meter	$880.88	$967.88	$1,054.88	$1,141.88	$1,185.38
Volume Rate/100 cf	$2.63	$2.85	$3.08	$3.30	$3.42
*Space occupancy and units are determined on January 1st and June 1st semi-annually for determination of number of units.

B. Water General Facilities Charge.

1. There is hereby imposed on all parties seeking to connect to the water system a water general facilities charge as follows:

a. Residential. Based upon number of equivalent residential units multiplied by charge below.

b. Accessory Dwelling Unit (ADU).

i. Attached Unit. No separate charge and included in the residential per unit cost of the principal use.

ii. Detached Unit. Fifty percent of an equivalent residential unit.

c. Commercial. Based upon equivalence of usage to equivalent residential unit multiplied by charge below. Charge will be determined on a case-by-case basis.

d. Nonprofit Social Service Agencies. Exempt from all or a portion of the commercial connection charge as determined by the public works director to reflect the mission of the agency to provide assistance to the poor, elderly, or disabled.

e. Public and Private Parks, Recreational Areas or Facilities and Facilities Open Space Areas. Based upon equivalence of usage to equivalent residential unit multiplied by charge below. Charge will be determined on a case-by-case basis.

2. The charge per equivalent residential unit shall be, if paid before the city’s close of business on November 30, 2004, $4,400. If paid thereafter, the charge per equivalent residential until shall be $5,254.

3. A $1,000 additional charge shall be assessed for water meter, installation and inspection for units not within an approved development or plat.

4. A $300.00 additional charge shall be assessed for water meter, installation and inspection for units within an approved development or plat.

5. The charges imposed by this subsection shall be in addition to any charges due under an approved latecomer or cost recovery contract.

C. Permits. All necessary right-of-way use permits and easements must be obtained by the property owners before water service can be connected.

D. Late Payment Charge. Monthly payments for service under this chapter shall be due 15 days after the city issues its statement for services. In the event payment in not made by the due date, a late payment charge shall be automatically added to defray the city’s increased cost of collection in the amount of the greater of five percent of the payment due under this chapter or $5.00. This late payment charge shall be in addition to any other late payment charge due under any other chapter under the Sultan Municipal Code.

E. Security Deposit. Where a person or entity receiving service under this chapter has been late in the payment of services under this chapter twice in any six-month period of time or where a person or entity files for creditor relief under either state or federal law and there are charges due the city that are unpaid under this chapter, the city treasurer may require the person or entity to post a security deposit in an amount up to twice the amount due the city as a condition of receiving continued service from the city under this chapter.

F. All rates imposed under subsection (A) of this section are exclusive of any utility tax imposed on the city, and all billings to customers will be charged based upon the rate set out in subsection (A) of this section and in addition to the utility tax assessed against the city. (Ord. 911-06 § 1; Ord. 864-04 §§ 1 – 4; Ord. 826-03 §§ 2, 3; Ord. 818-03 § 1; Ord. 755-00 § 2; Ord. 712-99 § 2; Ord. 703-99; Ord. 689-98 § 1; Ord. 681-98 § 2; Ord. 662-97 § 3; Ord. 603 § 2, 1993; Ord. 584 § 3, 1992; Ord. 544 § 1, 1990; Ord. 519 § 2, 1989)

Chapter 13.13
WATER CONSERVATION PROGRAM

Sections:

13.13.010 Declaration of purpose.

13.13.020 Level I water supply problem – Conditions.

13.13.030 Level II water supply problem – Conditions.

13.13.040 Level III water emergency – Conditions.

13.13.050 Nonessential residential uses during Level III emergencies.

13.13.060 Nonessential commercial or industrial uses during Level III emergencies.

13.13.070 Service disconnections and enforcement procedures.

13.13.080 Variances.

13.13.010 Declaration of purpose.

The conservation and efficient use of water is found and declared to be a public purpose of highest priority. It will result in preservation of natural resources, enhancement of public health, safety and welfare, and a reduction in public costs for the construction of enlarged water and sewer facilities. (Ord. 763-01)

13.13.020 Level I water supply problem – Conditions.

At the discretion of the public works director (director) for the city of Sultan, a “Level I” water supply problem may be declared. During a Level I water supply problem, the director may request voluntary water conservation measures by notice to and education of the customers of the Sultan water utility, particularly with regard to “nonessential uses” as defined in SMC 13.13.050 and 13.13.060. (Ord. 763-01)

13.13.030 Level II water supply problem – Conditions.

In the event of a system failure or other situation in which water usage exceeds the rate of re-supply, the director may declare a Level II water supply problem. During a Level II water supply problem, the director shall implement voluntary water conservation measures, up to and including reduced or altered lawn-watering schedules. (Ord. 763-01)

13.13.040 Level III water emergency – Conditions.

In the event of a system failure or other situation in which water supply fails to meet the demand for water, and voluntary conservation measures remain ineffective or would be expected to be inadequate, the director may request a declaration by the Sultan city council that a Level III water emergency exists. In the event of a Level III water emergency, no person or customer shall sprinkle, water or irrigate any shrubbery, trees, lawns, grass, ground covers, plants, vines, gardens, vegetables, flowers, or any other vegetation, except as authorized by council declaration. In addition, no person or customer shall cause or permit water to run to waste in any gutter or drain. (Ord. 763-01)

13.13.050 Nonessential residential uses during Level III emergencies.

The following residential water uses are determined to be nonessential and are prohibited during a Level III water emergency:

A. The use of water to wash any motorbike, motor vehicle, boat, trailer, airplane, or other vehicle, except at a commercial self-contained washing facility;

B. The use of water to wash down any sidewalks, walkways, driveways, parking lots, tennis courts or other hard-surfaced area, or building or structure;

C. The use of water to fill, refill or add to any indoor or outdoor swimming pools or Jacuzzi pools except for neighborhood fire control, where the pools have recycling water systems and evaporative covers, or where the use of the pool is required by a medical doctor’s prescription;

D. The use of water in a fountain or pond for aesthetic or scenic purposes except where necessary to support fish life. (Ord. 763-01)

13.13.060 Nonessential commercial or industrial uses during Level III emergencies.

The following commercial or industrial water uses are hereby determined to be nonessential and are prohibited during a Level III water emergency:

A. The use of water to serve a customer in a restaurant unless requested by the customer;

B. The use of water for scenic and recreational ponds and lakes, except for the minimum amount required to support fish life;

C. The use of water from hydrants for construction purposes, fire drills or training, or any purpose other than firefighting;

D. The use of water by a golf course to irrigate any portion of its grounds except those areas designated as tees and greens;

E. The use of water for dust control. (Ord 763-01)

13.13.070 Service disconnections and enforcement procedures.

A. If the director determines that any customer has failed to comply with any provisions of this chapter relating to a Level III water emergency, then one written warning notice shall personally be delivered to a responsible occupant of the customer’s residence. If there is no responsible occupant present, then the notice shall be posted at the front entrance of the residence. If the customer fails to respond to the notice within the time limit set forth therein, then the director may authorize disconnection of the customer’s water service. Service so disconnected shall be restored only upon payment of a turn-on charge, hereby fixed at $25.00 during office hours or $50.00 after office hours, or as otherwise specified by law, and any other costs incurred by the city in the discontinuance of service, and the giving of suitable written assurances to the city that the action causing the discontinuance will not be repeated.

B. In addition to the foregoing, the city of Sultan may, prior to restoration of service, install a flow-restrictive device on the customer’s service. The flow-restrictive device shall be removed at the expiration of the Level III water emergency, and may be removed earlier at the discretion of the director upon petition of the customer. (Ord. 763-01)

13.13.080 Variances.

The director may, in writing, grant temporary variances for prospective uses of water otherwise prohibited after determining that, due to unusual circumstances, failure to grant such variance would cause an emergency condition affecting health, sanitation, or fire protection of the applicant or the public.

A. The city council shall ratify or revoke any such variance at its next scheduled meeting. Any variance so ratified may be revoked by later action of the city council.

B. No variance shall be retroactive or otherwise justify any violation of this chapter occurring prior to issuance of the temporary variance. (Ord. 763-01)

Chapter 13.14
CROSS-CONNECTION REGULATIONS

Sections:

13.14.010 Definitions.

13.14.020 Purpose.

13.14.030 Cross-connections regulated.

13.14.040 Backflow prevention device requirement.

13.14.050 Installation requirements.

13.14.060 Access to premises.

13.14.070 Annual testing and repairs.

13.14.080 Costs of compliance.

13.14.090 Termination of service.

13.14.010 Definitions.

The words and phrases set out in this section are defined as follows:

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

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

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

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

E. “Cross-connection” means any physical arrangement where a public water system is connected, directly or indirectly, with another nondrinkable water system or auxiliary system, sewer, drain conduit, swimming pool, storage reservoir, plumbing fixture, swamp coolers, or any other device which contains, or may contain, contaminated water, sewage, or other liquid of unknown or unsafe quality which may be capable of imparting contamination to the public water system as a result of backflow. Bypass arrangements, jumper connections, removable sections, swivel or change-over devices, or other temporary or permanent devices through which, or because of which, backflow may occur are considered to be cross-connections.

F. “Premises” means any piece of land to which water is provided including all structures, improvements, mobile home(s) and other facilities located on it.

G. “Public water system” means any system excluding a system serving one single-family residence, providing piped water for human consumption.

H. “Purveyor” means any agency or subdivision of the state or any municipal corporation, firm, company, mutual or cooperative association, institution, partnership or person or any other entity that owns or operates a public water system. It also means the authorized agents of any such entities.

I. “Reduced pressure principle assembly” shall mean an assembly containing two independently acting approved check valves together with a hydraulically operated, mechanically independent pressure differential relief valve located between the check valves and at the same time below the first check valve. The assembly shall include properly located test cocks and tightly closing shut-off valves at the end of the assembly. A check valve is approved if it appears on the list of approved devices issued by the Washington State Board of Health.

J. “City” means the city of Sultan. (Ord. 566, 1991)

13.14.020 Purpose.

The purpose of these regulations is to protect the water supply of the city of Sultan from contamination or pollution due to any existing or potential cross-connections. (Ord. 566, 1991)

13.14.030 Cross-connections regulated.

A. No cross-connections shall be created, installed, used or maintained within the territory served by the city of Sultan, except in accordance with these regulations.

B. The control or elimination of cross-connections shall be governed by Chapter 246-290 WAC as it now exists or as it may hereafter be amended, and these regulations. The policies, procedures and other criteria for determining appropriate levels of protections shall be in accordance with the “Accepted Procedure and Practice in Cross-Connection Control Manual,” Pacific Northwest Section, American Water Works Association Fifth Edition or any superseding edition.

C. The city of Sultan requires that all plumbing and sprinkler plans be submitted to the utility department for review and approval prior to installation on all new construction or any plumbing or sprinkler system changes. (Ord. 566, 1991)

13.14.040 Backflow prevention device requirement.

Approved backflow prevention assemblies shall be installed at the expense of the owner, either at the service connection or within the premises as determined by a certified cross-connection inspector employed by the city in each of the following circumstances:

A. If the nature and extent of any activity of the premises, or the materials used in connection with any activity of the premises, or materials stored on the premises, could contaminate or pollute the drinking water supply;

B. On premises having any one or more cross-connections as that term is defined in SMC 13.14.010(E);

C. Internal cross-connections that are not correctable, or intricate plumbing arrangements which make it impractical to ascertain whether or not cross-connections exist;

D. A repeated history of cross-connections being established or reestablished;

E. Unduly restricted entry so that inspections for cross-connections cannot be made with sufficient frequency or with sufficient notice to assure that cross-connections do not exist. A reduced pressure backflow assembly will be required to be installed at the service connection;

F. Materials of a toxic or hazardous nature being used such that, if back siphonage should occur, a health hazard could result;

G. Any mobile apparatus which uses the city’s system or water from any premises within the city’s system;

H. On any premises where installation of an approved backflow prevention assembly is deemed to be necessary to accomplish the purpose of these regulations in the judgment of a certified cross-connection specialist employed by the city;

I. On any premises where an appropriate cross-connection report form has not been filed with the office of the city utility department;

J. All unified plumbing codes must be maintained;

K. All rental properties shall have a RP assembly at the service connection. (Ord. 566, 1991)

13.14.050 Installation requirements.

To ensure proper operation and accessibility of all backflow prevention assemblies, the following requirements shall apply to the installation of these assemblies:

A. No part of the backflow prevention assembly shall be submerged in water or installed in a location subject to flooding. If installed in a vault or basement, adequate drainage shall be provided;

B. Assemblies must be installed at the location specified in the inspection report by the city. Alternate locations must be approved in writing by the city prior to installations;

C. The device must be protected from freezing and other severe weather conditions;

D. All backflow device prevention assemblies to be installed shall be of a type and model preapproved by the Washington State Board of Health and the city of Sultan;

E. Only assemblies specifically approved by the Washington State Board of Health for vertical installation may be installed vertically;

F. The device shall be readily accessible with adequate room for maintenance and testing. Devices two inches and smaller shall have at least six inches clearance on all sides of the device. All devices larger than two inches shall have a minimum clearance of 12 inches on the back side, 24 inches on the test cock side, 12 inches below the device and 36 inches above the device;

G. If written permission is granted to install the backflow assembly inside of the building, the assembly shall be readily accessible during working hours of 8:00 a.m. to 4:00 p.m., Monday through Friday;

H. Upon completion of inspection by the city or an authorized specialist employed by the city and where a backflow assembly is deemed necessary, the type of device and installation plans shall be submitted to the city for approval prior to installation;

I. Upon completion of inspection, the city shall be notified and all assemblies must be inspected and tested by a state certified tester. All backflow assemblies must be registered with the city. Registration shall consist of date of installation, make, mode, serial number of the backflow assembly, and initial test report. (Ord. 566, 1991)

13.14.060 Access to premises.

Authorized employees of the city of Sultan, with proper identification, shall have access during reasonable hours to all parts of a premises and within the building to which water is supplied. However, if any water user refuses access to a premises or to the interior of a structure at reasonable times and on reasonable notice for inspection by a cross-connection specialist appointed by the city, a reduced pressure principle assembly will be required to be installed at the service connection to that premises. (Ord. 566, 1991)

13.14.070 Annual testing and repairs.

All backflow devices installed within the territory served by the city shall be tested immediately upon installation and annually thereafter by a state certified tester. All such assemblies found not functioning properly shall be promptly repaired or replaced by the water user. If any such assembly is not promptly repaired or replaced, the city may deny or discontinue water to the premises. All testing and repairs are the financial responsibility of the water user. (Ord. 566, 1991)

13.14.080 Costs of compliance.

All costs associated with purchase, installation, inspections, testing, replacement, maintenance, parts and repairs of the backflow assembly are the financial responsibility of the property owner to which water is supplied. (Ord. 566, 1991)

13.14.090 Termination of service.

Failure on the part of any customer to discontinue the use of all cross-connections and to physically separate cross-connections is sufficient cause for the immediate discontinuance of public water service to the premises (WAC 246-290-490). The city of Sultan reserves the right to deny service or discontinue the supply of water to any consumer not in compliance with this and all other applicable regulations pertaining to public water systems. (Ord. 566, 1991)

Chapter 13.16
GARBAGE COLLECTION AND CONTROL

Sections:

13.16.010 Department created.

13.16.020 Mandatory collection – Exceptions.

13.16.030 Rules and regulations – Generally.

13.16.040 Use of system required.

13.16.050 Accumulation prohibited – Can/dumpster requirements.

13.16.055 Temporary dumpster regulations.

13.16.060 Frequency of collection.

13.16.070 Failure by owner – Removal by city – Costs charged.

13.16.080 Transporting.

13.16.090 Unlawful use of garbage receptacles.

13.16.110 Charges – Levied on owner.

13.16.120 Charges – Monthly billing.

13.16.130 Income kept separate from other city departments.

13.16.140 Establishment of fees and charges.

13.16.150 Violation – Penalty.

13.16.010 Department created.

There is created within the government of the city of Sultan a department which shall be known as the garbage collection and control department and it shall be under the direct supervision and control of the city supervisor. (Ord. 304 § 1, 1964)

13.16.020 Mandatory collection – Exceptions.

There is established a mandatory solid waste disposal system within the city of Sultan which shall be operated and controlled through the garbage utility department. Relief from the city-operated solid waste collection service may be granted to those residents that can produce evidence that use of the service would create a physical or financial hardship, or that use of the service is unnecessary. Property owners must make application to the utility committee on an annual basis for continued relief from the service. All decisions of the utility committee will be reviewed and ratified by the city council. Residential recycle service provided by contract for nonyard waste materials is mandatory and the fact that the residence does not use the service shall not exempt the property owner from the payment of the regular charges established. Recycle of yard waste materials is optional and is provided through a separate contract agreement with the vendor. (Ord. 810-03; Ord. 585, 1992; Ord. 487, 1986; Ord. 482 § 1, 1986; Ord. 304 § 2, 1964)

13.16.030 Rules and regulations – Generally.

The rules and regulations set out in SMC 13.16.040 through 13.16.080 shall govern the collection and disposal of garbage and refuse in the city of Sultan, together with such additional rules and regulations as the city council may from time to time promulgate by resolution to implement the operation of the department created in SMC 13.16.010. (Ord. 482 § 2, 1986; Ord. 304 § 3, 1964)

13.16.040 Use of system required.

Every owner or occupant of premises within the city of Sultan is required to use the garbage collection and disposal system provided by the city. (Ord. 304 § 3(a), 1964)

13.16.050 Accumulation prohibited – Can requirements.

A. It is unlawful for any person, owner or occupant of any lot, yard, place, store, residence or premises of any kind, to suffer, allow or permit slops, decaying animal or vegetable matter, garbage, ashes, tin cans, discarded crockery or other substances to accumulate on any such premises and it shall be the duty of every owner or occupant of any such premises having any such garbage or refuse to place such garbage or refuse in suitable metal cans or dumpsters with tight close-fitting lids. Garbage cans may not exceed 32-gallon capacity, or weigh in excess of 60 pounds and shall be sufficient in size and number to contain all garbage accumulated between dates of removal. Controlled compost sites are allowable.

B. Said cans shall be kept convenient for collection.

C. Rubbish shall be kept in compact form and may be separated from garbage and placed in boxes or other receptacles.

D. Dumpster lids must be kept tightly closed. Excess garbage must be placed in properly sealed containers either beside or on top of the closed dumpster. The dumpster must be placed on a solid concrete or asphalt pad measuring no less than eight feet by 10 feet, located for access by the garbage collection service. (Ord. 756-01; Ord. 672-97; Ord. 482 § 3, 1986; Ord. 304 § 3(b), 1964)

13.16.055 Temporary dumpster regulations.

A. Dumpsters are available for rental on a temporary basis consisting of no more than 14 consecutive days. Upon the fifteenth day, dumpsters will be picked up and removed without notice to rentor. There is no renewal of a temporary dumpster within a four-month period of time. Further, a temporary dumpster may not be renewed to become a permanent dumpster at any time within any residential area of the city.

B. Prior to delivery of a temporary dumpster, customer shall be given a copy of these regulations, must sign a hold harmless agreement and pay the appropriate fees as defined in SMC 13.16.140.

C. All garbage placed in dumpster is subject to the same limitations as defined in SMC 13.16.050 and must be contained within dumpster with the dumpster lid tightly closed.

D. Placement of temporary garbage dumpsters is not allowed on city streets. (Ord. 801-02)

13.16.060 Frequency of collection.

Collection and disposal of garbage from all premises within the city of Sultan on which a residence or place of business is located shall be made once each week, and further collection and disposal of garbage may be made whenever in the judgment of the city supervisor such collection and disposal is necessary or advisable in order to keep any of the premises within the city of Sultan, whether vacant or occupied, clean and sanitary. (Ord. 304 § 3(c), 1964)

13.16.070 Failure by owner – Removal by city – Costs charged.

In case any owner or occupant of premises within the city of Sultan permits garbage or rubbish to accumulate thereon, and fails or refuses to deposit such garbage in suitable containers in accordance with the provisions of this chapter, or fails to place such containers conveniently for loading, the city, at the discretion of the city supervisor, may collect and remove such garbage or rubbish, and in such case the entire expense of the collection and removal thereof, as determined by the city supervisor, shall be charged against such premises, and against the owner, or occupant thereof, in addition to the regular charge for collection and disposal of such garbage or rubbish. (Ord. 304 § 3(d), 1964)

13.16.080 Transporting.

It is unlawful for any person to transport garbage or rubbish within the city of Sultan if it is not properly secured and placed in adequate containers. (Ord. 482 § 4, 1986; Ord. 304 § 3(e), 1964)

13.16.090 Unlawful use of garbage receptacles.

It shall be unlawful for any person to place or deposit any residential or commercial junk, refuse, litter, garbage, tin cans, slops, decaying animal or vegetable matter, ashes, discarded crockery or other substance into any privately owned or leased garbage receptacle, refuse container or dumpster without the owner’s permission. (Ord. 506, 1988)

13.16.110 Charges – Levied on owner.

A. A reasonable monthly charge for garbage service rendered by the city of Sultan under its compulsory garbage collection system shall be levied upon the owner of every dwelling, building or structure which by its use or occupancy may cause garbage, waste or debris to accumulate.

B. The garbage service rendered by the city of Sultan is declared to be a special benefit to all property served and unpaid charges shall constitute a lien upon the land and may be foreclosed in the manner provided by law. (Ord. 304 § 6, 1964)

13.16.120 Charges – Monthly billing.

Monthly charges for garbage service shall be paid at the office of the city clerk/treasurer who may send such bills and statements in connection with the collection thereof as are considered necessary; provided further, that such bills and statements may be combined with those of the utility department. (Ord. 304 § 7, 1964)

13.16.130 Income kept separate from other city departments.

The clerk/treasurer shall keep accurate books and records which reflect a complete statement of all income collected through the operation of the garbage collection and control department separate and distinct from the income of other city departments. (Ord. 304 § 8, 1964)

13.16.140 Establishment of fees and charges.

A. Residential garbage rates shall be as follows:

$	35.00	per dwelling unit per month for weekly pickup of two 32-gallon cans or less
$	15.50	per dwelling unit per month for weekly pickup of one 32-gallon can or less
$	9.00	per month for two monthly pickups of one 32-gallon can or less
$	5.75	per month for one monthly pickup of one 32-gallon can or less
$	8.75	per can for each additional 32-gallon can or less in excess of the monthly limitation

Senior citizen low income garbage fees shall be $7.20 per month. To receive the senior citizen low income rates, annual application must be made at the Sultan City Hall.

B. Recycling and Yard Waste Rates.

$	3.50	per dwelling unit per month for single-family detached and multifamily units (duplex, triplex and fourplex)
$	3.50	per dwelling unit per month for multifamily units of five units or larger
$	3.50	per dwelling unit per month for qualified low income senior citizens

C. Commercial rates shall be as follows:

$	15.50	per unit per month for weekly pickup of one 32-gallon can or less
$	28.75	for pickup of 1-yard dumpster bi-monthly
$	57.50	for pickup of 1-yard dumpster one time per week
$	113.75	for pickup of 1-yard dumpster two times per week
$	57.50	for pickup of 2-yard dumpster bi-monthly
$	113.75	for pickup of 2-yard dumpster one time per week
$	228.75	for pickup of 2-yard dumpster two times per week
$	86.25	for pickup of 3-yard dumpster bi-monthly
$	171.25	for pickup of 3-yard dumpster one time per week
$	343.75	for pickup of 3-yard dumpster two times per week
$	8.75	per can for each additional 32-gallon can or less placed outside or beside any dumpster or in addition to the weekly can allowance

D. Temporary dumpster rates shall be as follows:

$	25.00	delivery/pickup for each service
$	33.75	for pickup of a 1-yard dumpster each time
$	67.50	for pickup of a 2-yard dumpster each time
$	101.25	for pickup of a 3-yard dumpster each time

Maximum use of temporary dumpster is 15 days as defined in SMC 13.16.055.

Damage deposit is $50.00 required to be paid before delivery.

E. In addition to pickup charges, a call-back charge will also apply to garbage not placed out in time or obstructed:

$	10.00	for can pickup
$	30.00	for a dumpster pickup

F. All multifamily units within the city of Sultan will be required to have a dumpster(s) sized to meet the requirements of SMC 13.16.050(A).

G. Dumpsters shall be owned by the city of Sultan and leased to the users. Maintenance and repair shall be the responsibility of the city.

Damage Deposit:	$	105.00	1-yard dumpster
	$	150.00	2-yard dumpster
	$	180.00	3-yard dumpster
Monthly lease fees: (billed quarterly)	$	8.75	for 1-yard dumpster
	$	14.50	for 2-yard dumpster
	$	17.25	for 3-yard dumpster
	$	25.00	for each service

H. All fees and rates under this section are exclusive of any utility tax imposed on the city, and all billings to customers will be charged based upon the fee or rate set out in this section and in addition to the utility tax assessed against the city. (Ord. 912-06 § 1; Ord. 849-04; Ord. 810-03; Ord. 801-02; Ord. 703-99; Ord. 672-97; Ord. 661-97; Ord. 654-96; Ord. 633, 1995; Ord. 585, 1992; Ord. 553, 1990; Ord. 487, 1986; Ord. 478, 1986; Ord. 304 § 9, 1964)

13.16.150 Violation – Penalty.

Any person, firm or corporation violating the provisions of this chapter shall be guilty of a misdemeanor and shall be punished by a fine not to exceed $250.00. (Ord. 506, 1988)

Chapter 13.20
GARBAGE COLLECTION BUSINESS REGULATIONS

Sections:

13.20.010 Purpose.

13.20.020 Franchise required.

13.20.030 Requirements.

13.20.040 Franchise fee.

13.20.050 Equipment approval.

13.20.060 Rules and regulations.

13.20.070 Violation.

13.20.010 Purpose.

This chapter is passed to provide regulation of the business of garbage collection and to provide revenue to the city of the regulation of said business. (Ord. 488 § 1, 1986)

13.20.020 Franchise required.

No person, association or corporation shall engage in the business of hauling or transporting garbage, refuse, rubbish, cans or discarded bottles within the city of Sultan, or in gathering the same within said city for transfer or disposal at some point or area inside or outside of the city without obtaining a written franchise agreement with the city therefor, and complying with the regulations of the city in the pursuit of said business, and providing the collection service as provided by city ordinances. (Ord. 488 § 2, 1986)

13.20.030 Requirements.

Collector franchise agreement shall be competitively bid, approved by the city council and adopted by ordinance. Before such approval, the mayor or his agent shall investigate the trucks and equipment proposed to be used, and shall not approve the same for use under the proposed agreement unless he shall find that the use thereof will adequately contain all garbage, refuse, etc., during such hauling and that the reasonable use thereof will protect the health and welfare of the inhabitants of the city and will not lead to the loss or distribution of garbage or refuse, etc., within the city. (Ord. 488 § 3, 1986)

13.20.040 Franchise fee.

A. Franchise agreements may be granted in accordance with RCW 35.23.251. There shall be levied upon every person, firm or corporation involved in the business of hauling or transporting garbage, refuse, rubbish, cans or recycled materials within the city of Sultan a fee equal to three percent of the gross revenues derived from such business.

B. The fee shall be paid on a semi-annual basis to the city treasurer’s office. (Ord. 640, 1996)

13.20.050 Equipment approval.

No contractor shall use, to collect or haul garbage, any trucks or equipment not approved by the city for regular use within the city or for temporary use in cases of emergency without special permission therefor being granted. (Ord. 488 § 5, 1986)

13.20.060 Rules and regulations.

A. The city council shall have the authority to make and require enforcement of reasonable rules and regulations and to modify and change the same from time to time, regulating the manner of collecting, removing, hauling and disposal of garbage, etc., within the city of Sultan for the purpose of safeguarding the health, safety and welfare of the inhabitants and visitors of the city.

B. Such garbage hauler shall observe all regulations of the city of Sultan together with all state laws relative to public health, safety and welfare and in particular with the laws and regulations pertaining to the operation of garbage pickup and hauling services. Prior to the effectiveness of any franchise ordinance approved by the city, a certificate of public need and necessity shall have been granted by the utilities and transportation commission or certification of authority to such garbage hauler shall have been given to service the area comprising the city of Sultan. (Ord. 488 § 6, 1986)

13.20.070 Violation.

The violation of any of the provisions of this chapter shall constitute a misdemeanor, punishable by a fine not to exceed $100.00. (Ord. 488 § 7, 1986)

Chapter 13.24
COMPREHENSIVE SOLID WASTE MANAGEMENT PLAN

Sections:

13.24.010 Definitions.

13.24.020 Snohomish County system designated.

13.24.030 Unlawful disposal of solid waste.

13.24.040 Interlocal agreement approved.

13.24.010 Definitions.

As used in this chapter, the following definitions apply:

A. “City” means the city of Sultan, Washington.

B. “Comprehensive solid waste management plan” or “comprehensive plan” means the Snohomish County comprehensive solid waste management plan, including a recycling element, as adopted by Snohomish County motion, and as amended from time to time.

C. “County” means Snohomish County, Washington.

D. “Interlocal agreement” means the interlocal agreement regarding solid waste management, attached and incorporated in this chapter by this reference.

E. “Person” means an individual, firm, association, partnership, political subdivision, government agency, municipality, industry, public or private corporation, or any other entity whatsoever.

F. “Solid waste” means solid waste as defined by RCW 70.95.030(16) and WAC 173-304-100(73) with the exception of wastes excluded by WAC 173-304-015.

G. “Solid waste handling” means the management, storage, collection, transportation, treatment, utilization, processing and final disposal of solid wastes, including the recovery and recycling of materials from solid wastes, the recovery of energy resources from such wastes or the conversion of the energy in such wastes to more useful forms or combinations thereof, and as such term may be modified by amendments to RCW 70.95.030(17).

H. “System” means all facilities for solid waste handling owned or operated, or contracted for, by the county, and all administrative activities related thereto. (Ord. 538 § 1, 1990)

13.24.020 Snohomish County system designated.

A. All solid waste generated within the corporate limits of the city of Sultan shall be disposed of through the county system as provided for in the comprehensive plan except as otherwise provided in subsection (D) of this section.

B. Snohomish County is authorized to designate disposal sites for the disposal of all solid waste which is generated within the city of Sultan subject to the applicable laws and regulations of the Snohomish health district and the city if located within the city.

C. No solid waste may be diverted from the disposal sites designated by Snohomish County without Snohomish County approval or as provided in the comprehensive plan.

D. The provisions of this section shall not apply:

1. To the disposal of solid waste through the waste recycling element of the comprehensive plan or any waste reduction or recycling plan approved by the county;

2. To the disposal of hazardous wastes or substances where disposal into the county system is prohibited or where other provisions pursuant to state or federal law are made for the handling of such wastes or substances;

3. Where disposal is otherwise provided for under state or federal law. (Ord. 538 § 2, 1990)

13.24.030 Unlawful disposal of solid waste.

A. It is unlawful for any person to dispose of any solid waste generated in the city of Sultan and subject to this chapter unless they comply with the provisions of RCW 70.95.240, 70.95.500 and 70.95.610 which are adopted by reference.

B. Any violation of the provisions of RCW 70.95.240 shall be a misdemeanor, and any person found guilty thereof shall be punished by a fine not to exceed $1,000 or imprisonment in jail not to exceed 90 days, or by both such fine and imprisonment.

C. Any violation of the provisions of RCW 70.95.610 shall be a misdemeanor, punishable by a fine not to exceed $1,000.

D. Any violation of the provisions of RCW 70.95.500 shall be punishable by a civil penalty, which shall be no less than $200.00, nor more than $2,000 for each offense. (Ord. 538 § 3, 1990)

13.24.040 Interlocal agreement approved.

The city council of Sultan authorizes and directs the mayor to execute the interlocal agreement on behalf of the city. A copy of the comprehensive plan is on file with the city clerk/treasurer and is incorporated by reference. (Ord. 538 § 4, 1990)