Document Burlingtonwa_doc_1216803461

Title 13 PUBLIC SERVICES Chapters: 13.04 Sewage Disposal 13.08 Sewer Rates 13.12 Septic Tank Sludge Chapter 13.04 SEWAGE DISPOSAL Sections: 13.04.010 Definitions. 13.04.020 Connection to system – Required. 13.04.030 Connection to system – Permit – Required. 13.04.040 Connection to system – Permit – Application. 13.04.045 General facilities charge. 13.04.050 Connection to system – Outside city limits. 13.04.060 Connection to system – Separate sewer required. 13.04.070 Connection to system – Construction specifications. 13.04.080 Connection to system – Specifications. 13.04.090 Connection to system – Elevation requirements. 13.04.100 Connection to system – Use of old sewers permitted when. 13.04.110 Connection to system – Certain types prohibited. 13.04.120 Connection to system – Excavations. 13.04.130 Connection to system – Inspection and testing. 13.04.140 Connection to system – Within right-of-way or easement – Specifications. 13.04.150 Connection to system – Costs. 13.04.160 Discharges – Applicability – Special agreements authorized when. 13.04.170 Discharges – Unpolluted water – Prohibited when. 13.04.180 Discharges – Unpolluted water – Exemptions. 13.04.190 Discharges – Prohibited substances. 13.04.200 Discharges – Limited substances. 13.04.210 Discharges – Hazardous substances – Sewer department supervisor’s powers. 13.04.220 Pretreatment or flow-equalizing facilities. 13.04.230 Grease, oil and sand interceptors. 13.04.240 Discharges – Testing facility. 13.04.250 Discharges – Analysis specifications. 13.04.260 Industrial cost recovery system. 13.04.270 Private wastewater disposal system – Prohibited when. 13.04.280 Private wastewater disposal system – Permitted when. 13.04.290 Private wastewater disposal system – Permit required. ---PAGE BREAK--- 13.04.300 Private wastewater disposal system – Notice to connect to public system. 13.04.310 Private wastewater disposal system – Maintenance. 13.04.320 Sewer department supervisor – Right of entry for inspection. 13.04.330 Sewer department supervisor – Obtaining information – Restrictions. 13.04.340 Sewer department supervisor – Inspection – Safety rules applicable – Liability. 13.04.350 Sewer department supervisor – Right of entry on easements. 13.04.360 Additional requirements authorized when. 13.04.370 Deposit of objectionable materials prohibited. 13.04.380 Discharge to natural outlet prohibited – Exception. 13.04.390 Damage of system declared misdemeanor – Penalty. 13.04.400 Failure to connect – Penalty. 13.04.410 Violation – Liability. 13.04.420 Violation – Notice to be served. 13.04.430 Violation – Continuance – Penalty. 13.04.010 Definitions. Unless the context specifically indicates otherwise, the meaning of terms used in this chapter shall be as follows: 1. “Accessory building” means a subordinate building the use of which is incidental to the use of the main building on the same lot. 2. “Biochemical oxygen demand (BOD)” means the quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory procedure in five days at 20 degrees Celsius, expressed in milligrams per liter. 3. “Building drain” means that part of the lowest horizontal piping of a drainage system which receives the discharge from wastes inside the walls of the building and conveys it to the building sewer, beginning two feet (0.6 meters) from the outside face of the building wall. 4. “Building sewer” means the extension from the building drain to the side sewer or other place of disposal, also called “house connection.” 5. “City sewer system” means the sewer system owned by or under operational control of the city within and outside the city limits. 6. “Contract customer” means a customer located outside the city of Burlington sewer service area that discharges wastewater to the city of Burlington sewer system. 7. “Easement” means an acquired legal right for the specific use of land owned by others. 8. “Equivalent residential unit (ERU)” means the equivalent of one residential unit for purposes of computing general facilities charges. 9. “Floatable oil” is oil, fat or grease in a physical state such that it will separate by gravity from wastewater by treatment in an approved pretreatment facility. Wastewater shall be considered free of floatable fat if it is properly pretreated and the wastewater does not interfere with the collection system. 10. “Garbage” means the animal and vegetable waste resulting from the handling, preparation, cooking and serving of foods. ---PAGE BREAK--- 11. “General facilities charge” means the charge that is assessed against property owners seeking to connect to the sewer system, in order that such property owners shall bear their equitable share of the cost of such system. 12. “High strength” means wastewater discharged from commercial accounts with Standard Industrial Classification Codes 5812, 5147, 5093, or wastewater discharged to the sewer system containing a BOD between 700 to 1,050 mg/l or suspended solids of 700 to 1,050 mg/l. 13. “Industrial wastes” means the wastewater from industrial processes, trade or business as distinct from domestic or sanitary wastes. 14. “Low strength” means wastewater discharged to the sewer system containing less than 350 mg/l biochemical oxygen demand (BOD) or less than 350 mg/l suspended solids. 15. “May” is permissive (see “shall,” subsection 26). 16. “Medium strength” means wastewater discharged from commercial accounts with Standard Industrial Classification Codes 2051, 5411, or 7833, or wastewater discharged to the sewer system containing a BOD of 350 to 700 mg/l and less than 700 mg/l suspended solids, or wastewater discharged to the sewer system containing suspended solids of 350 to 700 mg/l and BOD less than 700 mg/l. 17. “Natural outlet” means any outlet, including storm sewers and combined sewer overflows, into a watercourse, pond, ditch, lake or other body of surface water or ground water. 18. “Person” means any individual, firm, company, association, society, corporation or group. 19. “pH” means the reciprocal of the logarithm of the hydrogen-ion concentration. The concentration is the weight of hydrogen ions, in grams, per liter of solution. Neutral water, for example, has a pH value of 7 and a hydrogen- ion concentration of 10-7. 20. “Properly shredded garbage” means the wastes from the preparation, cooking and dispensing of food that have 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 one-half inch (1.27 centimeters) in any dimension. 21. “Public sewer” means a common sewer controlled by a governmental agency or public utility. 22. “Sanitary sewer” means a sewer that carries liquid and water-carried wastes from residences, commercial buildings, industrial plants and institutions together with minor quantities of ground water, stormwater and surface waters that are not admitted intentionally. 23. “Sewage” is the spent water of a community. The preferred term is “wastewater,” subsection 26. 24. “Sewer” means a pipe or conduit that carries wastewater. 25. “Sewer service area” means the city of Burlington sewer service area shown on Plate I of the 1991 comprehensive wastewater plan, city of Burlington, adopted by Resolution No. 7-91. 26. “Shall” is mandatory (see “may,” subsection 15). ---PAGE BREAK--- 27. “Side sewer” means the sewer from the main collection public sewer, in either public right-of-way or easement to the building sewer (usually at the boundary of the property being served). 28. “Slug” means any discharge of water or wastewater which in concentration of any given constituent or in quantity of flow exceeds for any period of duration longer than 15 minutes more than five times the average 24-hour concentration or flows during normal operation and adversely affects the collection system and/or performance of the wastewater treatment works. 29. “Storm drain” (sometimes referred to as “storm sewer”) means a drain or sewer for conveying rainwater, ground water, subsurface water or unpolluted water from any other source. 30. “Sewer department supervisor” means the city supervisor or his authorized deputy, agent or representative. 31. “Suspended solids” means total suspended matter that either floats on the surface of, or in suspension in, water, wastewater or other liquids, and that is removable by laboratory filtering as prescribed in “Standard Methods for the Examination of Water and Wastewater” and referred to as nonfilterable residue. 32. “Unpolluted water” is water of quality equal to or better than the effluent criteria in effect, or water that would not cause violation of receiving water quality standards and would not be benefited by discharge to the sanitary sewers and wastewater treatment facilities provided. 33. “Urban growth area (UGA)” means the area inside the city’s sewer service area east of Pulver Road, as defined by Plate I of the 1991 comprehensive wastewater plan, city of Burlington, adopted by Resolution No. 7-91. 34. “Wastewater” means the spent water of a community. From the standpoint of source, it may be a combination of the liquid and water-carried wastes from residences, commercial buildings, industrial plants and institutions, together with any ground water, surface water and stormwater that may be present. 35. “Wastewater facilities” means the structures, equipment and processes required to collect, carry away and treat domestic and industrial wastes and dispose of the effluent. 36. “Wastewater treatment works” means an arrangement of devices and structures for treating wastewater, industrial wastes and sludge. This term is sometimes used as synonymous with “waste treatment plant” or “wastewater treatment plant” or “water pollution control plant.” 37. “Watercourse” means a natural or artificial channel for the passage of water, either continuously or intermittently. 38. “Western service area” means the area inside the city of Burlington sewer service area west of Pulver Road, as defined by Plate I of the 1991 comprehensive wastewater plan, city of Burlington, adopted by Resolution No. 7- 91. (Ord. 1302 § 1, 1995; Ord. 846 Art. I 1 – 29, 1976). 13.04.020 Connection to system – Required. The owner(s) of all houses, buildings or properties used for human occupancy, employment, recreation or other purposes, situated within the city, or within the area served by the city sewer system, and abutting on any street, alley or right- ---PAGE BREAK--- of-way in which there is located a public sanitary sewer of the city, is required at the owner or owners’ expense to install suitable toilet facilities therein, and to connect such facilities directly with the proper public sewer in accordance with the provisions of this chapter within 90 days after date of official notice to do so; provided, that the building to be served is not located more than 200 feet from a public sewer. (Ord. 846 Art. II § 4, 1976). 13.04.030 Connection to system – Permit – Required. No unauthorized person(s) shall uncover, make any connections with or opening into, use, alter or disturb any public sewer or appurtenance thereof without first obtaining a written permit from the public works director of the city. (Ord. 1302 § 2, 1995; Ord. 846 Art. IV § 1, 1976). 13.04.040 Connection to system – Permit – Application. Application for building sewer permits shall be made on a special form furnished by the city. The permit application shall be supplemented by any plans, specifications or other information considered pertinent in the judgment of the sewer department supervisor and public works director. A permit and connection fee shall be charged as determined by council resolution and this chapter. (Ord. 1517 § 1, 2003; Ord. 1302 § 3, 1995; Ord. 846 Art. IV § 2, 1976). 13.04.045 General facilities charge. A. The general facilities charge for property owners seeking to connect to the sewer system shall be: 1. Residential. a. Single-family residences, duplexes and triplexes, western service area: $3,754 per dwelling unit, plus applicable state taxes. b. Single-family residences, duplexes and triplexes, urban growth area (UGA): $2,608 per dwelling unit, plus applicable state taxes. c. Residential accounts containing more than three dwelling units, western service area: $3,003 per dwelling unit, plus applicable state taxes. d. Residential accounts containing more than three dwelling units, urban growth area (UGA): $2,086 per dwelling unit. 2. Commercial/Industrial. a. Low strength commercial/industrial customers, western service area: $188.00 per plumbing fixture unit as described in Table 10-1, Equivalent Fixture Units, of the latest adopted edition of the Uniform Plumbing Code, plus applicable state taxes, or by other method approved by the public works director. b. Low strength commercial/industrial customers, urban growth area: $130.00 per plumbing fixture unit as described in Table 10-1, Equivalent Fixture Units, of the latest adopted edition of the Uniform Plumbing Code, plus applicable state taxes, or by other method approved by the public works director. c. Medium strength and high strength commercial/industrial customers, western service area: $145.00 per plumbing fixture unit as described in Table 10- 1, Equivalent Fixture Units, of the latest adopted edition of the Uniform Plumbing Code, plus $1,714 per pound/day BOD discharged into the sewer system, plus ---PAGE BREAK--- applicable state taxes. Pounds per day of BOD discharged into the sewer system will be determined based on the number of plumbing fixture units and the Standard Industrial Classification Code, or by other method approved by the public works director. d. Medium strength and high strength commercial/industrial customers, urban growth area: $88.00 per plumbing fixture unit as described in Table 10-1, Equivalent Fixture Units, of the latest adopted edition of the Uniform Plumbing Code, plus $1,714 per pound/day BOD discharged into the sewer system, plus applicable state taxes. Pounds per day of BOD discharged into the sewer system will be determined based on the number of plumbing fixture units and the Standard Industrial Classification Code, or by other method approved by the public works director. 3. Residential Service Charge Credits for General Facilities Charge. Any residential account not connected to the sewer system within the western and urban sewer service area, paying a service charge, will receive a credit at time of connection equal to the service charge payments that have been paid by the present owner since June 1, 1998, up to 50 percent of the general facilities charge to connect to the sewer system. This policy will become effective May 1, 2003, and will not be retroactive to those residential accounts that have been connected prior to this date. 4. Contract Customers. Contract customers shall pay the general facilities charge specified for the western service area customers. B. General Facilities Charge – Proceeds. All proceeds of the general facilities charge shall be placed in the sewer capital improvements fund for the following uses: construction of sewer expansion made necessary by system growth, debt service for indebtedness resulting from construction of sewer expansion made necessary by system growth, and the repair, replacement, and maintenance of existing sewer facilities. (Ord. 1517 § 2, 2003; Ord. 1302 § 4, 1995). 13.04.050 Connection to system – Outside city limits. Connections by users outside the city or any city sponsored ULID requiring an extension to the system shall require specific approval from the city council. Upon approval, the user shall install the system extension in accordance with city specifications and shall pay all applicable fees and connection charges. (Ord. 846 Art. IV § 4, 1976). 13.04.060 Connection to system – Separate sewer required. A. A separate and independent building sewer shall be provided for every building or residence; provided: 1. Where one building or residence stands at the rear of another on an interior lot and no public sewer is available or can be constructed to the rear building or residence through an adjoining alley, courtyard or driveway, the side sewer to the front building or residence may be extended to the rear building or residence with the sewer department supervisor’s approval; ---PAGE BREAK--- 2. Where two buildings or residences share a common property line, a common side sewer line located on the common property line may be shared, with city approval; 3. Service to accessory buildings as defined in BMC 13.04.010, may be extended from the primary building sewer line on approval of the sewer department supervisor. B. The city does not and will not assume any obligation or responsibility for maintenance or damage caused by or resulting from any such single connection aforementioned. (Ord. 1302 § 5, 1995; Ord. 846 Art. IV § 5, 1976). 13.04.070 Connection to system – Construction specifications. The size, slope, alignment, materials of construction of a building sewer and the methods to be used in excavating, placing of the pipe, jointing, testing and backfilling the trench, shall all conform to the requirements of the building and plumbing code or other applicable rules and regulations of the city. (Ord. 846 Art. IV § 7, 1976). 13.04.080 Connection to system – Specifications. The connection of the building sewer into the public sewer shall conform to the requirements of the building and plumbing code or other applicable rules and regulations of the city. All such connections shall be made gastight and watertight and verified by proper testing. Any deviation from the prescribed procedures and materials must be approved by the sewer department supervisor before installation. (Ord. 1302 § 6, 1995; Ord. 846 Art. IV § 10, 1976). 13.04.090 Connection to system – Elevation requirements. Wherever possible, the building sewer shall be brought to the building at an elevation below the basement floor. In all buildings in which any building drain is too low to permit gravity flow to the public sewer, sanitary sewage carried by such building drain shall be lifted by an approved means and discharged to the building sewer. (Ord. 846 Art. IV § 8, 1976). 13.04.100 Connection to system – Use of old sewers permitted when. Old building sewers may be used in connection with new buildings only when they are found, on examination and test by the sewer department supervisor, to meet all requirements of this chapter. (Ord. 1302 § 7, 1995; Ord. 846 Art. IV § 6, 1976). 13.04.110 Connection to system – Certain types prohibited. No person(s) shall make connection of roof downspouts, foundation drains, areaway drains, or other sources of surface runoff or ground water to a building sewer or building drain which in turn is connected directly or indirectly to a public sanitary sewer unless such connection is approved by the sewer department supervisor for purposes of disposal of polluted surface drainage. (Ord. 1302 § 8, 1995; Ord. 846 Art. IV § 9, 1976). ---PAGE BREAK--- 13.04.120 Connection to system – Excavations. All excavations for building sewer installation shall be adequately guarded with barricades and lights so as to protect the public from hazard. Streets, sidewalks, parkways and other public property disturbed in the course of the work shall be restored in a manner satisfactory to the city. (Ord. 846 Art. IV § 12, 1976). 13.04.130 Connection to system – Inspection and testing. The applicant for the building sewer permit shall notify the sewer department supervisor when the building sewer is ready for inspection and connection to the public sewer. The connection and testing shall be made under the supervision of the sewer department supervisor or his representative. (Ord. 1302 § 9, 1995; Ord. 846 Art. IV § 11, 1976). 13.04.140 Connection to system – Within right-of-way or easement – Specifications. All construction related to sewer installation within public rights-of-way and easements shall be governed by the latest edition of the Washington State Chapter American Public Works Association, “Standard Specification for Municipal Public Works Construction.” (Ord. 846 Art. IV § 13, 1976). 13.04.150 Connection to system – Costs. All costs and expenses incidental to the installation and connection of the building sewer shall be borne by the owner(s). The owner(s) shall indemnify the city from any loss or damage that may directly or indirectly be occasioned by the installation of the building sewer. (Ord. 846 Art. IV § 3, 1976). 13.04.160 Discharges – Applicability – Special agreements authorized when. No statement contained in BMC 13.04.160 through 13.04.260 shall be construed as preventing any special agreement or arrangement between the city and any industrial concern whereby an industrial waste of unusual strength or character may be accepted by the city for treatment. (Ord. 846 Art. V § 10, 1976). 13.04.170 Discharges – Unpolluted water – Prohibited when. No person(s) shall discharge or cause to be discharged any unpolluted waters such as stormwater, roof runoff, subsurface drainage, ground water or cooling water to any sewer, except that stormwater runoff from limited areas, which stormwater may be polluted at times, may be discharged to the sanitary sewer by permission of the sewer department supervisor. (Ord. 1302 § 10, 1995; Ord. 846 Art. V § 1, 1976). 13.04.180 Discharges – Unpolluted water – Exemptions. Stormwater other than that exempted under BMC 13.04.170, and all other unpolluted drainage, shall be discharged to such sewers as are specifically designated as storm drains, or to a natural outlet approved by the sewer department supervisor and other regulatory agencies. Unpolluted industrial ---PAGE BREAK--- cooling water or process waters may be discharged, on approval of the sewer department supervisor, to a storm drain or natural outlet. (Ord. 1302 § 11, 1995; Ord. 846 Art. V § 2, 1976). 13.04.190 Discharges – Prohibited substances. No person(s) shall discharge or cause to be discharged any of the following described waters or wastes to any public sewers: A. Any gasoline, benzene, naphtha, fuel oil, lubricating oil or other flammable or explosive liquid, solid or gas; B. Any waters containing toxic or poisonous solids, liquids or gases in sufficient quantity, either singly or by interaction with other wastes, to injure or interfere with any waste treatment process, constitute a hazard to humans or animals, create a public nuisance or create any hazard in the receiving waters of the wastewater treatment plant; C. Any waters or wastes having a pH lower than 5.5, or having any other corrosive property capable of causing damage or hazard to structures, equipment and personnel of the wastewater works; D. Solid or viscous substances in quantities or of such size capable of causing obstruction to the flow in sewers, or other interference with the proper operation of the wastewater facilities such as, but not limited to ashes, bones, cinders, sand, mud, straw, shavings, metal, glass, rags, feathers, entrails, paper dishes, cups, milk containers, etc., either whole or ground by garbage grinders. (Ord. 846 Art. V § 3, 1976). 13.04.200 Discharges – Limited substances. The following described substances, materials, waters or wastes shall be limited in discharges to municipal systems to concentrations or quantities which will not harm either the sewers, wastewater treatment process or equipment, will not have an adverse effect on the receiving stream, will not otherwise endanger life, limb or public property, or constitute a nuisance. The sewer department supervisor may set limitations lower than the limitations established in the regulations below if in his opinion such more severe limitations are necessary to meet the above objections. In forming his opinion as to the acceptability, the sewer department supervisor will give consideration to such factors as the quantity of subject waste in relation to flows and velocities in the sewers, materials of construction of the sewers, the wastewater treatment process employed, capacity of the wastewater treatment plant, degree of treatability of the waste in the wastewater treatment plant, and other pertinent factors. The limitations or restrictions on materials or characteristics of waste or wastewater discharged to the sanitary sewer which shall not be violated without approval of the sewer department supervisor are as follows: A. Wastewater having a temperature higher than 150 degrees Fahrenheit (65 degrees Celsius); B. Wastewater containing more than 25 milligrams per liter of petroleum oil, nonbiodegradable cutting oils or products of mineral oil origin; C. Wastewater containing floatable oils, fat or grease; ---PAGE BREAK--- D. Any garbage that has not been properly shredded (see BMC 13.04.010). Garbage grinders may be connected to sanitary sewers from homes, hotels, institutions, restaurants, hospitals, catering establishments or similar places where garbage originates from the preparation of food in kitchens for the purpose of consumption on the premises or when served by caterers; E. Any waters or wastes containing iron, chromium, copper, zinc and similar objectionable or toxic substances to such degree that any such material received in the composite wastewater at the wastewater treatment works exceeds the limits established by the sewer department supervisor for such materials; F. Any waters or wastes containing odor-producing substances exceeding limits which may be established by the sewer department supervisor in compliance with applicable state or federal regulations; G. Any radioactive wastes or isotopes of such half-life or concentration as may exceed limits established by the sewer department supervisor in compliance with applicable state or federal regulations; H. Quantities of flow, concentration or both which constitute a slug as defined in BMC 13.04.010; I. Waters or wastes containing substances which are not amenable to treatment or reduction by the wastewater treatment processes employed, or are amenable to treatment only to such degree that the wastewater treatment plant effluent cannot meet the requirements of other agencies having jurisdiction over discharge to the receiving waters; J. Any water or wastes which, by interaction with other water or wastes in the public sewer system, release obnoxious gases, form suspended solids which interfere with the collection system, or create a condition deleterious to structures and treatment processes. (Ord. 1302 § 12, 1995; Ord. 846 Art. V § 4, 1976). 13.04.210 Discharges – Hazardous substances – Sewer department supervisor’s powers. A. If any waters or wastes are discharged or are proposed to be discharged to the public sewers, which waters contain the substances or possess the characteristics enumerated in BMC 13.04.200, and which in the judgement of the sewer department supervisor may have a deleterious effect upon the wastewater facilities, processes, equipment or receiving waters, or which otherwise create a hazard to life or constitute a public nuisance, the sewer department supervisor may: 1. Reject the wastes; 2. Require pretreatment to an acceptable condition for discharge to the public sewers; 3. Require control over the quantities and rates of discharge; and/or 4. Require payment to cover added cost of handling and treating the wastes not covered by existing taxes or sewer charges under the provisions of BMC 13.04.160. B. If the sewer department supervisor permits the pretreatment or equalization of waste flows, the design and installation of the plants and equipment shall be ---PAGE BREAK--- subject to the review and approval of the sewer department supervisor. (Ord. 1302 § 13, 1995; Ord. 846 Art. V § 5, 1976). 13.04.220 Pretreatment or flow-equalizing facilities. Where pretreatment or flow-equalizing facilities are provided or required for any waters or wastes, they shall be maintained continuously in satisfactory and effective operation by the owner(s) at his expense. (Ord. 846 Art. V § 7, 1976). 13.04.230 Grease, oil and sand interceptors. Grease, oil and sand interceptors shall be provided when, in the opinion of the sewer department supervisor, they are necessary for the proper handling of liquid wastes containing floatable grease in excessive amounts, as specified in BMC 13.04.200(C), or any flammable wastes, sand, or other harmful ingredients; except that such interceptors shall not be required for private living quarters or dwelling units. All interceptors shall be of a type and capacity approved by the sewer department supervisor, and shall be so located as to be readily and easily accessible for cleaning and inspection. In the maintaining of these interceptors, the owner(s) shall be responsible for the proper removal and disposal by appropriate means of the captured material and shall maintain records of the dates and means of disposal which are subject to review by the sewer department supervisor. Any removal and hauling of the collected materials not performed by owner or owners’ personnel must be performed by currently licensed waste disposal firms. (Ord. 1302 § 13, 1995; Ord. 846 Art. V § 6, 1976). 13.04.240 Discharges – Testing facility. When required by the sewer department supervisor, the owner of any property serviced by a building sewer carrying industrial or similar wastes, or any agency, company, corporation or municipality outside the city’s system, shall install a suitable structure together with such necessary meters and other appurtenances in the building to facilitate observation, sampling and measurement of the wastes. Such structure, when required, shall be accessibly and safely located and shall be constructed in accordance with plans approved by the sewer department supervisor. The structure shall be installed by the owner at his expense and shall be maintained by him so as to be safe and accessible at all times. (Ord. 1302 § 14, 1995; Ord. 846 Art. V § 8, 1976). 13.04.250 Discharges – Analysis specifications. All measurements, tests and analyses of the characteristics of waters and wastes to which reference is made in this chapter shall be determined in accordance with the latest edition of “Standard Methods for the Examination of Water and Wastewater,” published by the American Public Health Association. Sampling methods, location, times, durations and frequencies are to be determined on an individual basis subject to approval by the sewer department supervisor. (Ord. 1302 § 15, 1995; Ord. 846 Art. V § 9, 1976). 13.04.260 Industrial cost recovery system. ---PAGE BREAK--- At such time as industrial wastes, as defined under Section 35.905-19 of the Construction Grant Regulations 40 CFR Part 35, are discharged to the facilities constructed under EPA Grant No. 350516 and 530518, the city shall develop and adopt an industrial cost recovery system acceptable to the U.S. Environmental Protection Agency. This cost recovery system shall comply with the requirements of P. O. 92-500 and all regulations and guidelines pertaining thereto. In the interim, the city shall submit an annual certification affirming the nonexistence of industrial discharges to this facility and shall maintain such records and documents as necessary to substantiate the certification. (Ord. 846 Art. V § 11, 1976). 13.04.270 Private wastewater disposal system – Prohibited when. Except as provided in BMC 13.04.280 through 13.04.310, it is unlawful to construct or maintain any privy, privy vault, septic tank, cesspool or other facility intended or used for the disposal of wastewater. (Ord. 846 Art. II § 3, 1976). 13.04.280 Private wastewater disposal system – Permitted when. Where a public sanitary sewer is not available under the provision of BMC 13.04.020, the building sewer shall be connected to a private wastewater disposal system complying with the regulations of the Skagit County health department. (Ord. 846 Art. III § 1, 1976). 13.04.290 Private wastewater disposal system – Permit required. Before commencement of construction of a private wastewater disposal system, the owner(s) shall first obtain a written permit signed by the county health officer. (Ord. 846 Art. III § 2, 1976). 13.04.300 Private wastewater disposal system – Notice to connect to public system. At such time as a public sewer, as defined in BMC 13.04.010, becomes available to a property served by a private wastewater disposal system, a direct connection shall be made to the public sewer within 90 days after date of official notice to do so, in compliance with this chapter, and any septic tanks, cesspools and similar private wastewater disposal facilities shall be cleaned of sludge and filled with suitable material; provided, that cement septic tanks with reinforced concrete lids may be exempt from cleaning and filling at owner’s option. (Ord. 846 Art. III § 3, 1976). 13.04.310 Private wastewater disposal system – Maintenance. The owner(s) shall operate and maintain the private wastewater disposal facilities in a sanitary manner at all times, at no expense to the city in compliance with Skagit County health department regulations. (Ord. 846 Art. III § 4, 1976). 13.04.320 Sewer department supervisor – Right of entry for inspection. The sewer department supervisor and other duly authorized employees of the city bearing proper credentials and identification shall be permitted to enter all ---PAGE BREAK--- properties for the purposes of inspection, observation, measurement, sampling and testing pertinent to discharge to the city system in accordance with the provisions of this chapter. (Ord. 1302 § 16, 1995; Ord. 846 Art. VII § 1, 1976). 13.04.330 Sewer department supervisor – Obtaining information – Restrictions. The sewer department supervisor or other duly authorized employees are authorized to obtain information concerning industrial processes which have a direct bearing on the kind and source of discharge to the wastewater collection system. The industry may withhold information considered confidential. The industry must establish that the revelation to the public of the information in question might result in an advantage to competitors. (Ord. 1302 § 17, 1995; Ord. 846 Art. VII § 2, 1976). 13.04.340 Sewer department supervisor – Inspection – Safety rules applicable – Liability. While performing the necessary work on private properties referred to in BMC 13.04.320, the sewer department supervisor or duly authorized employees of the city shall observe all safety rules applicable to the premises established by the owner, and the owner shall be held harmless for injury or death to the city employees, and the city shall indemnify the owner against loss or damage to its property by city employees and against liability claims and demands for personal injury or property damage asserted against the owner and growing out of the gauging and sampling operation, except as such may be caused by negligence or failure of the owner to maintain safe conditions as required by BMC 13.04.240. (Ord. 1302 § 18, 1995; Ord. 846 Art. VII § 3, 1976). 13.04.350 Sewer department supervisor – Right of entry on easements. The sewer department supervisor and other duly authorized employees of the city bearing proper credentials and identification shall be permitted to enter all private properties through which the city holds a duly negotiated easement for the purposes of but not limited to inspection, observation, measurement, sampling, repair and maintenance of any portion of the wastewater facilities lying within said easement. All entry and subsequent work, if any, on said easement, shall be done in full accordance with the terms of the duly negotiated easement pertaining to the private property involved. (Ord. 1302 § 19, 1995; Ord. 846 Art. VII § 4, 1976). 13.04.360 Additional requirements authorized when. No statement contained in BMC 13.04.320 through 13.04.350 shall be construed to interfere with any additional requirements that may be imposed by the health officer. (Ord. 846 Art. VII § 5, 1976). 13.04.370 Deposit of objectionable materials prohibited. It is unlawful for any person to place, deposit or permit to be deposited in any unsanitary manner on public or private property within the city, or in any area ---PAGE BREAK--- under the jurisdiction of the city, any human or animal excrement, garbage or objectionable waste. (Ord. 846 Art. II § 1, 1976). 13.04.380 Discharge to natural outlet prohibited – Exception. It is unlawful to discharge to any natural outlet within the city, or in any area under the jurisdiction of the city, any wastewater or other polluted waters, except where suitable treatment has been provided in accordance with the provisions of this chapter. (Ord. 846 Art. II § 2, 1976). 13.04.390 Damage of system declared misdemeanor – Penalty. No person(s) shall maliciously, wilfully or negligently break, damage, destroy, uncover, deface or tamper with any structure, appurtenance or equipment which is a part of the wastewater facilities. Violation of this provision is a misdemeanor punishable according to the provisions of chapter 1.24 BMC. (Ord. 846 Art. VI § 1, 1976). 13.04.400 Failure to connect – Penalty. Any person failing to connect a residential unit to the city sewer system in compliance with BMC 13.04.020 shall pay a penalty to the city in the amount equal to the minimum residential service charge that would be made for sewer service if the property was connected to such system. The minimum service charge will be based on the location of the property whether it is inside the city limits or is located outside of the city limits per BMC 13.08.030 and 13.08.065. All penalties collected shall be considered revenue of the system. (Ord. 1517 § 3, 2003; Ord. 846 Art. VIII § 3, 1976). 13.04.410 Violation – Liability. Any person violating any of the provisions of this chapter shall become liable to the city for any engineering, legal or administrative expense, loss or damage occasioned the city by reason of such violation. (Ord. 846 Art. VIII § 4, 1976). 13.04.420 Violation – Notice to be served. Any person found to be violating any provision of this chapter except BMC 13.04.020 and 13.04.390 shall be served by the city with written notice stating the nature of the violation and providing a 90-day time limit for the satisfactory correction thereof. The offender shall, within the period of time stated in such notice, permanently cease all violations. (Ord. 846 Art. VIII § 1, 1976). 13.04.430 Violation – Continuance – Penalty. Any person who continues any violation beyond the time limit provided for in BMC 13.04.420 is guilty of a misdemeanor, and on conviction thereof shall be punishable according to the provisions of chapter 1.24 BMC. Each day in which any such violation shall continue shall be deemed a separate offense. (Ord. 846 Art. VIII § 2, 1976). ---PAGE BREAK--- Chapter 13.08 SEWER RATES Sections: 13.08.010 Definitions. 13.08.020 Established. 13.08.030 Single-family residences, duplexes and triplexes – Within the city limits. 13.08.040 Residential – Exceptions. 13.08.045 Minimum service charge for residential units not connected to the sewer system. 13.08.050 Commercial accounts and residential accounts containing more than three living units – Inside city limits. 13.08.060 Commercial – Exceptions. 13.08.065 Service outside city limits – Rates. 13.08.070 Irrigation season. 13.08.075 Annual rate review. 13.08.080 Payment – Due date – Delinquency penalty. 13.08.090 Charges deemed lien when – Recordation notice. 13.08.100 Lien foreclosure procedures. 13.08.110 Changes to rates or charges – Council resolution required. 13.08.010 Definitions. A. “Biochemical oxygen demand (BOD)” means the quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory procedure in five days at 20 degrees Celsius, expressed in milligrams per liter (mg/l). B. “Chargeable water” shall be measured by the water consumed on the premises and which subsequently enters the sanitary sewer system, whatever the source of such water; and the same will be metered either by public utility meter or one installed and maintained by the owner of the premises at his own expense and approved by the city. Where the use of water is such that a portion of all the water used does not flow into the sewer system, but is lost by evaporation, irrigation, sprinkling, or is used in a manufactured product, and the person in control provides proof of this fact and installs a meter or other measuring device approved by the city to measure the amount of water so used and so lost, this water may be deducted from the actual water consumption used in calculating the sewer charge. The sewer charges for residential users during the irrigation season shall be computed on the average consumption during the previous nonirrigation season, unless the user elects to install, at his own expense, an approved measuring device to measure water not entering the sewer system. C. “High strength” means wastewater discharged from commercial accounts with Standard Industrial Classification Codes 5812, 5147, 5093, or wastewater discharged to the sewer system containing a BOD between 700 to 1,050 mg/l or total suspended solids of 700 to 1,050 mg/l. ---PAGE BREAK--- D. “Low strength” means wastewater discharged to the sewer system containing less than 350 mg/l BOD or less than 350 mg/l total suspended solids. E. “Medium strength” means wastewater discharged from commercial accounts with Standard Industrial Classification Codes 2051, 5411, or 7833, or wastewater discharged to the sewer system containing a BOD of 350 to 700 mg/l and less than 700 mg/l total suspended solids, or wastewater discharged to the sewer system containing total suspended solids of 350 to 700 mg/l and BOD less than 700 mg/l. F. “Total suspended solids (TSS)” means total suspended matter that either floats on the surface of, or in suspension in, water, wastewater or other liquids, and that is removable by laboratory filtering as prescribed in “Standard Methods for the Examination of Water and Wastewater” and referred to as nonfilterable residue expressed in milligrams per liter (mg/l). G. “Very high strength” means wastewater discharged to the sewer system in which the average of the BOD and total suspended solids BOD mg/l + TSS mg/l 2 exceeds 1,050 mg/l. (Ord. 1386 § 2(1), 1999; Ord. 1305 § 2(1), 1995; Ord. 1119 § 2, 1988; Ord. 1061 § 2, 1985; Ord. 1009 § 1, 1982; Ord. 451 § 4, 1947). 13.08.020 Established. In order to take care of the costs of maintenance and operation, bond and warrant principal and interest, reserve fund requirements, and other costs incidental to the sewer and refuse collection and disposal systems, the sewer rates set forth in BMC 13.08.030 through 13.08.070 shall apply. (Ord. 1009 § 1, 1982; Ord. 451 § 4, 1947). 13.08.030 Single-family residences, duplexes and triplexes – Within the city limits. Effective January 1, 2000, the rate charged for all chargeable water discharged into the city system shall be: Up to 500 cubic feet $27.70/month (minimum) All over 500 cubic feet $3.95/100 cubic feet Plus state taxes The above schedules shall be in effect November through April based upon PUD water meter or sewage flow meter readings as follows: Billing For Billing Period You will be billed during the month of: November – December January January – February March March – April May May – June July July – August September ---PAGE BREAK--- September – October November The average meter reading for the previous six months (November through April) shall be used for billing purposes from May through October. (Ord. 1518 § 1, 2003; Ord. 1386 § 2(2), 1999; Ord. 1305 § 2(2), 1995; Ord. 1152 § 2, 1989; Ord. 1119 § 2, 1988; Ord. 1061 § 2, 1985; Ord. 1009 § 1, 1982; Ord. 451 § 1947). 13.08.040 Residential – Exceptions. Should there be no PUD water meter or sewage flow meter reading available (such as private water system, new customer, no previous history for the six- month summer period) or should rates based upon water meter readings be judged unreasonable as confirmed by mutual written agreement between customer and the city, the following rates shall apply until such time as the normal residential schedule could be implemented: Effective January 1, 2000 Family Size people living in residence) Rate 2 $27.70 3 to 4 $41.55 5 or more $55.40 Plus state taxes (Ord. 1518 § 1, 2003; Ord. 1386 § 1999; Ord. 1305 § 1995; Ord. 1152 § 2, 1989; Ord. 1119 § 2, 1988; Ord. 1061 § 2, 1985; Ord. 1009 § 1, 1982; Ord. 451 § 1947). 13.08.045 Minimum service charge for residential units not connected to the sewer system. Any person failing to connect his or her residential unit to the city sewer system in compliance with BMC 13.04.020 and 13.04.400 shall pay a penalty to the city in an amount equal to the minimum charge that would be made for sewer service if the residential property was connected to such system. All penalties collected shall be considered revenue of the system. The minimum service charge will be based on the location of the residential property whether it is inside the city limits or is located outside of the city limits per BMC 13.08.030 and 13.08.065. (Ord. 1518 § 2, 2003). 13.08.050 Commercial accounts and residential accounts containing more than three living units – Inside city limits. A. Low Strength Commercial Accounts and Residential Accounts Containing More Than Three Living Units – Inside the City Limits. Effective January 1, 2000, the rate charged for all chargeable water discharged into the city system shall be: Up to 500 cubic feet $27.70/month (minimum) All over 500 cubic feet $3.95/100 cubic feet Plus state taxes ---PAGE BREAK--- B. Medium Strength Commercial Accounts – Inside the City Limits. Effective January 1, 2000, the rate charged for all chargeable water discharged into the city system shall be: Up to 500 cubic feet $39.40/month (minimum) All over 500 cubic feet $6.30/100 cubic feet Plus state taxes C. High Strength Commercial Accounts – Inside the City Limits. Effective January 1, 2000, the rate charged for all chargeable water discharged into the city system shall be: Up to 500 cubic feet $50.70/month (minimum) All over 500 cubic feet $8.55/100 cubic feet Plus state taxes D. Very High Strength Commercial Accounts – Inside the City Limits. Effective January 1, 2000: A volume charge, in dollars per hundred cubic feet, for wastewater where the average of the mg/l BOD5 and TSS concentration exceeds 1,050 mg/l would be as follows: Volume charge, $/ccf = 1.83 + (0.00637 x [ ] mg/l average of BOD5 and TSS concentration) E. The above schedules shall be in effect from January through December based upon PUD water meter or sewage flow meter readings as follows: Billing For Billing Period You will be billed during the month of: November – December January January – February March March – April May May – June July July – August September September – October November (Ord. 1518 § 1, 2003; Ord. 1386 § 2(3), 1999; Ord. 1305 § 2(3), 1995; Ord. 1152 § 2, 1989; Ord. 1119 § 2, 1988; Ord. 1061 § 2, 1985; Ord. 1009 § 1, 1982; Ord. 451 § 1947). 13.08.060 Commercial – Exceptions. If by mutual written agreement between customer and city, meter control is determined unreasonable, the following rates shall apply: Effective January 1, 2000: $37.95/month per toilet, plus state taxes. (Ord. 1518 § 1, 2003; Ord. 1386 § 1999; Ord. 1305 § 1995; Ord. 1152 § 2, ---PAGE BREAK--- 1989; Ord. 1119 § 2, 1988; Ord. 1061 § 2, 1985; Ord. 1009 § 1, 1982; Ord. 451 § 1947). 13.08.065 Service outside city limits – Rates. The rates and charges for sewer service to property located outside the city limits, if sewer service is allowed, shall be one and one-quarter times the applicable rate specified for property located inside the city limits, plus state taxes. (Ord. 1386 § 2(4), 1999; Ord. 1305 § 2(4), 1995). 13.08.070 Irrigation season. The sewer charges for residential users during the irrigation season shall be computed on the average consumption during the previous nonirrigation season, unless the user elects to install, at his own expense, an approved measuring device to measure water not entering the sewer system. When a user has a swimming pool or an air conditioner discharging to the storm sewer, he must install an approved meter to determine the amount of water exempt from sewer charges during the irrigation season. The irrigation season shall be defined as the period of May through October. (Ord. 1152 § 2, 1989; Ord. 1119 § 2, 1988; Ord. 1061 § 2, 1985; Ord. 1009 § 2, 1982; Ord. 451 § 4, 1947). 13.08.075 Annual rate review. The city council may direct an annual review of the revenue requirements of the city sewer utility for the purpose of determining whether adjustments in the rates are necessary. (Ord. 1386 § 2(6), 1999; Ord. 1305 § 2(6), 1995). 13.08.080 Payment – Due date – Delinquency penalty. All of the foregoing charges for sewerage services and those hereafter fixed by the council shall be paid on or before 30 days after the date of billing as shown upon the city’s billing statement, and if not so paid, a penalty of $5.00 per month will be made on each delinquent account. Additionally, interest shall be charged against each delinquent account at a rate of eight percent per annum. (Ord. 1182 § 1, 1991; Ord. 1163 § 1, 1990; Ord. 1064 § 1, 1985; Ord. 1062 § 4, 1985; Ord. 451 § 6, 1947). 13.08.090 Charges deemed lien when – Recordation notice. All delinquent and unpaid rates and charges, including interest and penalty thereon for sewerage service, shall be a lien against the premises to which the same has been furnished, and the rate of interest on such delinquency is fixed at 10 percent. Such lien shall be effective for a total of not to exceed six months’ delinquent charges without the necessity of any writing or recording, but if the lien is for more than six months’ charges, the city clerk-treasurer or official charged with the administration of the affairs of such utility shall cause to be filed for record in the office of the county auditor of Skagit County a notice in substantially the following form: Sewerage Lien Notice ---PAGE BREAK--- City of Burlington, –VS – Reputed owner, Notice is hereby given that the city of Burlington has and claims a lien for sewer charges against the following described premises, situated in Skagit County, Washington, to-wit: (Legal description) Said lien is claimed for not exceeding six months such charges and interest now delinquent, amounting to and is also claimed for future sewerage charges against said premises. Dated_______ City of Burlington (Ord. 451 § 1, 1947). 13.08.100 Lien foreclosure procedures. The lien described in BMC 13.08.090 may be foreclosed and any of the tracts or premises subject to said lien proceeded against and all parties of record as owning or claiming to own, having or claiming to have, any interest in, or lien upon said tracts or premises shall be made defendants thereto, together with all parties personally liable for any charges involved, including court costs, interest and attorney’s fees, all as provided in Chapter No. 193 of the Session Laws of the State of Washington, 1941, as amended. (Ord. 451 § 8, 1947). 13.08.110 Changes to rates or charges – Council resolution required. The council of the city may, from time to time as necessity therefor arises, change any of the rates and charges set forth in this chapter, or fix rates and charges for sewerage service by resolution, for all classes of buildings, structures and properties not provided for in this chapter. (Ord. 451 § 5, 1947). Chapter 13.12 SEPTIC TANK SLUDGE Sections: 13.12.010 Dumping into sewers – Prohibited – Exception. 13.12.020 Dumping into sewers – Permitted when. 13.12.030 Violation – Penalty. 13.12.010 Dumping into sewers – Prohibited – Exception. It is unlawful for any person to dump or pour sludge from septic tanks into the city sewer of the city except as provided in this chapter. (Ord. 597 § 1, 1962). ---PAGE BREAK--- 13.12.020 Dumping into sewers – Permitted when. Any person residing in the city and having a septic tank inside the city limits of the city may, upon application signed by himself to the city clerk-treasurer dump sludge from his septic tank inside the city limits of the city into the city sewer at times and places to be designated by the city supervisor. (Ord. 597 § 2, 1962). 13.12.030 Violation – Penalty. Any person who violates any of the provisions of this chapter or fails to comply therewith is severally, for each and every such violation and noncompliance, respectively, guilty of a misdemeanor, punishable according to the provisions of chapter 1.24 BMC. (Ord. 597 § 3, 1962). Code Publishing Company Code Publishing's website Voice: (206) 527-6831 Fax: (206) 527-8411 E-mail Code Publishing