HomeMy WebLinkAbout48-11 - Ord. Adopting Chapter 13.31 Belfair Sanitary Sewer CodeORDINANCE NO. `it '!
AI\ ORDINAN C N; amending Title 13 of the Mason County Code to adopt
Chapter 13.31, the Belfair Sanitary Sewer Code
WHEREAS, the Board of County Commissioners (Board) of Mason County (County)
approved the wastewater treatment and water reclamation system project (Project) for the Belfair
Urban Growth Area (UGA); and
WHEREAS, the Project is intended to build a safe, efficient and environmentally friendly
sewer system within key areas of the Belfair UGA. This system will use flat plate membrane
technology, which is seen as a pivotal element vital to the health of Hood Canal; and
WI IEREAS, the Project is important for future economic development in the Belfair
UGA both from near term construction activity and long-term employment associated with
improved infrastructure; and
WHEREAS, Hood Canal supports a vibrant commercial shellfish industry, as well as
recreational shell -fishing opportunities that attract many tourists year-round; however, in Lower
Hood Canal, where Belfair is located, water quality has deteriorated due to high levels of fecal
coliform bacteria and increased nutrient loading; and
WHEREAS, septic systems have been identified as one of the causes of nitrogen
pollution in Hood Canal; and
WHEREAS, the Board acknowledges that wastewater facilities are needed to provide a
sustainable approach to water management that protects Hood Canal and treats wastewater to
Class A standards for water reuse. On a long-term basis the Project will be the backbone for
urban infrastructure in Belfair as mandated by the Growth Management Act; and
WHEREAS, the Board declares that the primary means of sewage collection and disposal
in the Belfair UGA area shall be through construction and connection to the County's permanent
sewer collection system and treatment facilities; and
WHEREAS, the Board adopted Ordinance No. 91-07, which required that all developed
parcels of property located within 500 feet of the sewer alignment for the Belfair wastewater and
reclamation facilities pipeline shall connect to the facilities as soon as sewer service is available;
and
WHEREAS, the Board has established the County Sewer Hook-up Program to assist
property owners in Belfair with the construction and financing related to connection to the
Belfair sewer facilities; and
WHEREAS, the Board intends that all sewer systems owned and operated by the County
shall be constructed and maintained in accordance with uniform standards; and
WHEREAS, the Board desires to amend Title 13 of the Mason County Code to adopt a
new Chapter 13.31, entitled "Belfair Sanitary Sewer Code" to provide uniform regulations for
the construction, connection and operation of the Belfair sewer system facilities;
NOW THEREFORE, BE IT OR PAIN H;D, that the Board of Mason County
Commissioners hereby amends Title 13 of the Mason County Code, "Utilities", by adopting a
new Chapter 13.31, entitled "Belfair Sanitary Sewer Code", to read as set forth on H;xhibit 1,
attached hereto and incorporated by reference.
PASSED this gh day of ,:: �.,; , 2011.
BOARD OF COUNTY COMMISSION FRS
MASON COUNTY, WASHINGTON
'Jaiflvf r_ettee
da Ring Ericks , Chairperson
ATTEST:
Shannon Goudy ler o Tthe Boar
APPROVED AS TO FORM:
-_--� '`,,.."•tea
Chief Deputy Prosecuting Attorney
Tim Whitehead, WS IA 1/37621
cc: Elected Officials
Dept. Heads
Tim S
Commissioner
Jerry Lingle, Commissioner
ORDINANCE qBai
CHAPTER 13.31
BELFAIR SANITARY SEWER CODE
Sections:
13.31.010 Purpose and intent.
13.31.020 Definitions.
13.31.030 Connections to public sewer required.
13.31.040 Administration.
13.31.050 Permits.
13.31.060 Permit fees, connection charges (CFC), ERUs.
13.31.070 County Sewer Hook-up Program.
13.31.080 ERU updates, capacity charges, strength charges.
13.31.090 Billing.
13.31.100 Unlawful use of public sewer system.
13.31.110 Enforcement.
13.31.120 Phase Description - Figure C
13.31.010 Purpose and intent.
A. Purpose. The purpose of this Chapter is to establish a sanitary sewage code for the
Belfair Urban Growth Area. It is the intent and purpose of the board of county commissioners
that sewer systems under its responsibility be constructed and maintained in accordance with
uniform standards.
B. Uniformity. The board further declares that the primary means of sewage collection
and disposal in the Belfair Urban Growth Area sewer service area shall be through the
construction and extension of permanent sanitary sewers and connection of all sewage disposal
systems to permanent sewer collection systems and sewage treatment facilities. The construction
of sewer systems shall be in accordance with any applicable wastewater facility plan, or
engineering report, rules and regulations governing the use of utilities for development and with
all other rules, regulations and requirements as may be prescribed from time to time by the
respective agencies of Mason County and the state of Washington.
C. Other applicable codes. In the event that federal, state or other applicable laws
impose a standard or regulation that is in conflict with any provision of this code or any standard
or regulations that the county may adopt pursuant to this code, then the most restrictive standard
shall prevail.
13.31.020 Definitions.
A. Adoption. The words, terms and phrases used in this chapter shall have the same
meanings as provided in Section 13.28.020 of this title, entitled "Definitions" for the North Bay -
Case Inlet Sanitary Sewer Utility Administrative Code, which is adopted and incorporated by
reference herein. For purposes of this chapter, any reference to North Bay - Case Inlet in Section
13.28.020 shall be replaced with "Belfair Urban Growth Area".
B. Amendments For purposes of this chapter, the definitions in Section 13.28.020
applicable to the Belfair Urban Growth Area are amended deleted or supplemented as follows:
1. "Connection charges" means charges assessed by the "county' against a property
owner for connection to "public sewer facilities' owned by the "county". Throughout
this chapter, the terms "connection charges" and "Capital Facilities Charges ("CFC")
mean the same thing and may be used interchangeably.
2. "County Sewer Hook-up Program' means the county program where owners of
existing developed properties in Phase 1 may elect to contract with the county to
install any lateral side sewer lines necessary to connect their property to the public
sewer system and disconnect their septic systems. Under the program, the property
owners shall be responsible for the costs of this service.
3. "Department' means the Mason County department of Utilities and Waste
Management
4. 'Director" means the director of the department of Utilities and Waste Management.
5. Phase 1 means the geographic area identified and depicted on Figure C as Phase 1
referenced in Section 13.31.120.
6. Phase 2 means the geographic area identified and depicted on Figure C as Phase 2
referenced in Section 13.31.120.
7. "Residential equivalent unit (R.E.)" as defined in Section 13.28.020 shall be deleted
and not apply to this chapter. The term "Equivalent Residential Units" (ERU) shall
be used in this chapter, and unless otherwise defined elsewhere, means a measure of
the estimated average volume of sewage flowing from a given parcel into the sewer
system in relation to the estimated flow from an average single-family residential
account.
8. "Standard water consumption" means the amount of annual water consumption
defined as one ERU. The standard water consumption shall mean one hundred fifty
five (155) gallons per day, equivalent to seven thousand five hundred sixty four
(7,564) cubic feet of water per year.
13.31.030 Connections to public sewer required.
A. New development must connect. Pursuant to Mason County Ordinance No. 91-07
and MCC 17.03.030, every new building or structure located on property within 500 feet of the
sewer alignment for the Belfair Wastewater and Reclamation Facilities pipeline shall be
connected to public sewer facilities as soon as sewer service is available.
B. Existing structures or buildings must connect. Pursuant to Mason County Ordinance
No 91-07 and MCC 17.03.030, every existing structure or building located on property within
500 feet of the sewer alignment for the Belfair Wastewater and Reclamation Facilities pipeline
shall connect to the public sewer facilities as soon as sewer service is available. Such connection
shall be consistent with MCC 17.03.030 and occur if: (a) they are served by or have historically
been served by septic systems; (b) they receive water service or rely on well water for non -
irrigation purposes or (c) they generate stormwater that fails to meet state standards for
stormwater quality. If any provisions of this section conflict with MCC 17.03.030, then the most
restrictive provisions shall apply.
C. Exemption. The director may exempt a property owner from the connection
requirement of this section if the property owner provides evidence that the property generates
only Class A stormwater and has a Department of Ecology discharge permit.
D. Permanent connections, construction standards. All connections to the public sewer
facilities of the county shall be made in a permanent and sanitary manner in accordance with the
provisions of this chapter and shall be sufficient to carry all wastewater of every kind from the
building or structure into the public sewer. All connections to public sewer facilities shall be
made in the manner prescribed in Article 5, Construction of Sanitary Sewer Systems of the North
Bay/Case Inlet (Mason County) sanitary sewer administrative code, or in the discretion of the
director, with other standards necessary for the Belfair Urban Growth Area.
h Disconnection of septic system All property owners that connect to the public sewer
system shall disconnect and decommission their septic systems at the time of connection to the
public sewer facilities in a manner consistent with all laws, rules and regulations
13.31.040 Administration.
A. Administering department The department of utilities and waste management has
been established as a department within the government of the county. This department is under
the management of the director of utilities and waste management This department has the
responsibility for the construction, maintenance and operation of the public sewer facilities,
which are owned by the county, serving the Belfair Urban Growth Area.
B. Authority. The department of utilities and waste management shall construct, operate
and maintain the public sewer system facilities servicing the Belfair Urban Growth Area,
including collection systems and water reclamation facilities, for the collection, treatment, and
beneficial use of wastewater.
C. Sewer fund. The county shall by separate resolution or ordinance create a sewer
utility fund to properly account for any and all revenues received for the use of sewers as set
forth in this chapter. All expenses for administration, development, construction, operation,
maintenance and repair of the Belfair wastewater and water reclamation facilities and sewer
system shall be charged to such fund.
D. Review, inspection and construction of sewer facilities. Prior to the construction,
installation and operation of any public sewer facility or any private sewer facility governed by
the provision of this chapter, property owners or their agents who are responsible for the
construction shall be required to obtain a building permit and pay all required fees and charges.
E Defects. The department may require the party or entity responsible for the
construction to demonstrate satisfactory completion of all sewer lines installed by or on behalf of
the owner If defects are discovered by the county, the party responsible for the construction
shall undertake and will be responsible for incurring all costs for repairing all defects.
F. Inspection.
1. For approval of the permit required by this chapter, the director or his/her designee
shall be authorized to enter upon easement premises served by any building sewer or
grinder pump installation or connected with any public sewer at all reasonable hours
to ascertain, inspect or make necessary tests to determine whether the provisions of
local, state and federal laws relative to sewerage have been complied with. In the
event entry is refused, necessary steps shall be taken to make application for a search
warrant to accomplish the appropriate inspection. Provided, however, if a search
warrant cannot be obtained and the director has reason to believe that a violation of
applicable provisions of local, state or federal laws relative to sewerage may exist, the
department shall have the right to terminate the connection of the property to the
public sewer facilities.
2 If such sewer, or its attachments are in conflict with the provisions of any law or
resolution in regard thereto, the property owner or his/her her agent shall be notified
to cause such sewer or its attachments to be so altered, repaired or reconstructed at the
owner's expense, so as to make them conform to the requirements of the laws and
resolutions within a reasonable time limit established by the director from the time of
receipt of such notice.
3 Every employee of the department being authorized to enter upon private property to
inspect or have charge or maintaining the public sewer facilities of the department
shall be furnished with means of identification and shall carry such identification at
all times when engaged upon the duties of his/her position and produce and exhibit
the same upon request.
13.31.050 Permits.
A. Permits required. No unauthorized person shall uncover, make any connection with
or opening into, use, alter or disturb any public sewer facilities or appurtenance thereof or
construct any sewer disposal system without first obtaining a written permit from the department
or other responsible agency This article covers both permits for gravity sewer connections and
grinder pump installation for the service area.
B. Building sewer permits. There shall be two classes of building sewer permits: (a) for
residential, single-family service; and (b) for nonresidential service In either case, the property
owner or his/her agent shall make application on a folin furnished by the county. A building
sewer permit shall be required of any owner of the lots, parcel of real estate or structure(s) either
required or electing to make a connection to a public sewer or make a modification, repair,
disconnection, inspection or addition to an existing building sewer. The appropriate permit and
plan check fee shall be paid to the county at the time the application is filed. Upon acquisition of
the building permit and payment of the connection fee, the owner shall receive a "blue card"
authorizing construction and connection.
C. Sewer permit - Tenn A building sewer permit is valid for twelve months from the
date of issuance. The sewer permit may be extended an additional twelve months without
securing a variance. If after twenty-four months, the sewer permit expires but the owner still
wishes to connect owner's property to a sewer, the owner must obtain a new permit and pay the
county another full permit fee unless circumstances, in the judgment of the director, warrant a
variance If a sewer permit is cancelled by the owner, the full permit fee shall be forfeited.
D. Building sewer permit requirements. A building sewer permit shall be obtained in the
following manner:
1. Permits shall be issued only upon proper application to the Mason County
department of community development.
2. A permit which authorizes work in a public right-of-way or easement dedicated
to Mason County or the connection with or opening into any public sewer other
than through the normal opening of a wye, tee or side sewer stub shall be issued
to a licensed contractor.
3. A permit which authorizes building sewer work may be issued to the owner of
the property. For building sewer as defined in Section 13.28.020 of this code, the
owner may perform only that portion of the connection located on private
property and not in public right-of-way or easement dedicated to the county.
4. Sewer permits shall not be transferable. Except as provided in 13.31.070,
County Sewer Hook -Up Program, no person shall lay any pipe pursuant to any
other person's or contractor's permit.
5. A sewer pennit shall be issued prior to commencement of construction and only
after all applicable charges and fees have been paid to the department by the
owner or developer.
6. No sewer peiuuit allowing connection to the public sewer shall be issued before
the main sewer is accepted by the director, and the property owner so notified.
An interim approval allowing building sewer construction without connection to
a non -operational sewer may be issued at the discretion of the director.
7. The permit card must be posted on the job prior to commencing the work and
must be readily accessible to the director.
13.31.060 Permit fees, connection charges (CFC), ERUs.
A. Permit fees & costs.
1. At the time of application for a building permit, or if an applicant seeks to connect
to the sewer system, the applicant shall apply for a sewer connection peiinit (blue
card) and shall pay to the county a permit fee established by resolution of the
board together with connection charges and/or other applicable charges (including
grinder pump charges), if any, required by this chapter If the permit is not
issued, the permit fee, grinder pump charge and connection charges shall be
refunded.
2. All costs and expenses incidental to the installation and connection to the sanitary
sewer system whether it be gravity or grinder pump connection, shall be borne by
the owner, including costs associated with decommissioning any existing septic
tank. If sewer service by grinder pump is allowed by the director, owners shall
purchase the required grinder pump from the county. The cost to the owner shall
be that paid by the county for the grinder pump, including tax. Owners shall be
required to provide right -of -entry documents for those properties served with a
grinder pump.
B. Connection charge/Capital Facilities Charge (CFC) - intent. Consistent with RCW
36.94.140, and subject to the exceptions stated in this section, the intent of the CFC is to recover
the full cost of capacity, which is defined as the projected total capital cost of the sewer system at
full build -out, net of grants and property owner capital contributions (such as Utility Local
Improvement District assessments or the value of sewer infrastructure paid for by developers and
donated to the system), divided by the number of ERUs projected to be served by the system at
full build -out. The calculation of the CFC shall only include capital costs to develop or expand
the system, not to renovate or repair an existing system. The estimated full cost of capacity is
expected to be updated periodically in order to reflect updated cost and ERU growth projections
and to incorporate accrued interest for up to ten years for infrastructure already built.
C. Connection charge/CFC required. A connection charge/CFC shall be paid to the
county before any structure is connected to public sewer facilities No sewer permit shall be
issued prior to the application for a building permit. No building permit shall be issued until all
connection charges have been paid in full, except as otherwise provided in this chapter. The
CFC shall be the fixed dollar amount set forth in 13.31.060.G per ERU for a given parcel.
D. Residential ERUs.
1. The amount of annual water consumption defined as an ERU shall be referred to
as the standard water consumption. The standard water consumption shall be one
hundred fifty five (155) gallons per day, equivalent to seven thousand five
hundred sixty four (7,564) cubic feet of water per year.
2. Subject to the exceptions stated in this section, each free-standing single-family
residential structure shall be charged one (1) ERU for sewer service.
3. Subject to the exceptions stated in this section, if more than one free-standing
single-family residential structure is located on one tax parcel, each structure
shall count as one (1) ERU.
4. Multi -family uses are defined as two or more dwelling units in one structure.
The number of ERUs for a multi -family structure shall be defined as the number
of dwelling units multiplied by 0.7.
5. Where a legally permitted home occupation takes place within a residence, the
structure shall be treated as a residential use for the purposes of determining
ERUs, and not as a commercial use.
6. Where an ancillary structure is substantially dependent on a primary residence
for normal residential functions (such as a detached garage apartment without
separate kitchen facilities), the Director or his designee may consider the
ancillary structure to be part of the primary residence for the purpose of
determining ERUs.
7. Where a single-family structure of 400 square feet or less (exterior dimensions)
is located on a parcel with another residential or commercial structure, the single-
family structure of 400 square feet or less shall be counted as a multi -family
dwelling unit. Where common ownership and a shared water meter exist, the
Director or his designee may consider adjacent parcels to be functionally
equivalent to one parcel for the purpose of determining the applicability of this
provision
8. A manufactured housing community, as defined in RCW 59.20.030, may elect to
have its residential structures treated as a group, even if the manufactured homes
are located on separate parcels and/or have separate water meters. If the
manufactured housing community elects to be treated as a group, upon written
notice of such election, it shall be billed as a single customer, and its residential
structures shall be counted as multi -family dwelling units If the manufactured
housing community as a whole becomes delinquent, as defined by MCC
13.31.090.C, the Director may revoke the group status, and upon written notice
of such determination, each manufactured home will be counted and billed as a
single-family residential structure going forward.
E Commercial ERUs.
1. The minimum number of ERUs for commercial accounts shall be one (1) ERU for
each sewered structure. Where a given commercial structure has multiple tenants
with separate plumbing fixtures, the minimum number of ERUs shall be one (1)
for each tenant.
2. For a multiple -tenant commercial structure in which all tenants share common
plumbing fixtures (such as an office building with shared restrooms and shared
kitchen facilities), the minimum number of ERUs is defined as 0 5 multiplied by
the number of tenants For a multiple -tenant commercial structure in which some
tenants have separate plumbing fixtures and other tenants rely entirely on shared
plumbing fixtures, the minimum number of ERUs is defined as the number of
tenants with any separate plumbing fixtures, plus 0 5 multiplied by the number of
tenants relying entirely on shared plumbing fixtures
3. Where water consumption data can be obtained, the number of ERUs for an
account shall be defined as the greater of (a) the minimum ERUs for that account,
or (b) the account's total water consumption for the previous year divided by the
average water consumption for single-family residential accounts, rounded off to
the nearest 1/10th of an ERU.
4. Unless the actual monthly water consumption for a commercial account is
available, the number of ERUs for a commercial account shall be based on the
type of business(es) occupying the parcel, applying the categories shown in
Figure A (below). The estimates in Figure A (below) may be updated as
necessary to reflect actual experience with similar types of businesses in Belfair
or updated guidelines from state or federal governments, professional
associations, or other utilities about standard water consumption by property use.
5. When the categories in Figure A (below) are used to estimate the commercial
ERUs for a given commercial or mixed use parcel with more than one sewered
structure or more than one tenant, the number of ERUs shall be the sum of the
estimated ERUs for each tenant within each sewered structure Commercial
tenants relying entirely on shared plumbing fixtures shall be calculated as 0 5
times the number of ERUs shown in Figure A (below), with the total for the entire
account rounded off to the nearest 1/l Oth of an ERU.
6. For mixed use parcels with both commercial and residential uses, where water
consumption data is available, the number of commercial ERUs shall be the
greater of: (a) the minimum number of commercial ERUs; or (b) the number of
ERUs detennined from the total water consumption for the entire parcel minus the
number of residential ERUs.
If a commercial account relies on a well for drinking water in place of being connected to a
municipal water system, the categories in Figure A (below) shall be used to estimate its ERUs If
a commercial account relies partly on a well and partly on the municipal water system, metered
water consumption shall be the basis of the ERU calculation for those structures connected to the
municipal water system, and there shall be additional ERUs calculated from structures receiving
drinking water from a well, using Figure A (below). If a well is used only for irrigation water, no
ERUs will be assigned to water from that well F. Figure A - Commercial ERUs by
Property Use:
Commercial ERUs by Property Use
ER UAssumption if
Water Data Not Available
Type
of Use
Service Station
1
ERU;
convenience store
(small
retail)
is additional
1
ERU
Church
(with
kitchen)
1.44
ERUs
per
100
people
Restaurant
(with
seating)
1
ERU
per 12
seats
Restaurant
(to
-go only)
2
ERUs
1
ERU
Espresso
Drive
-through
Hotel
100
gallons
per day
(gpd)
per room
(restaurant
or
banquet
facilities
are counted
separately)
Large
Office
2
ERUs
1
ERU
Small
Office
Doctor
Office
500
gpd
per
1,000
square
feet
Dentist
Office
750
gpd
per
1,000
square
feet
Auto
Service
40
gpd
per
service
bay
1
ERU
Small
Retail
General
Retail
100
gpd
per
1,000
square
feet
Grocery
deli/meat/produce)
Store
(with
100
gpd
per
1,000
square
feet
Salon
1
ERU
plus
25 gpd
Laundromat
1
ERU
per washer
Daycare
10
gpd
per
person
30
gpd
per
person, add
50
gpd
per tub/stall
Animal
Grooming
Animal
Boarding
30
gpd
per
person, add
5 gpd
per stall
Sources:
King
Clark
California
Washington Dept.
County
County
EPA,
Metro
Washington,
of Health, Criteria for Sewer
Equivalencies
Commercial Flow Calculation
WastewaterTreatment Facilities
Works Design
Construction Revenue Program Guidelines
New
York State, Design Standard for
Wastewater Treatment
Works
All ERU calculations are rounded off to the nearest 1/10th of an ERU The rounding
applies to the total account, not to individual tenants or structures within a given account.
G. CFC Schedule. The CFC schedule shall be as follows:
1. From July 1, 2011 through December 31, 2012, the CFC shall be $5,000 per
ERU.
2. From January 1, 2013 through December 31, 2013, the CFC shall be $6,000 per
ERU.
3. From January 1, 2014 through December 31, 2014, the CFC shall be $7,900 per
ERU.
4. After December 31, 2014, the CFC shall be $14,500 per ERU.
H. Exceptions Exceptions to the CFC amounts established in 13.31.060.G are as
follows:
1. From July 1, 2011 through December 31, 2011, the CFC to connect existing
structures located in Phase 1 to public sewer facilities shall be $3,000 per ERU.
Thereafter, the CFC amount shall be as established in 13.31.060.G.
2. From July 1, 2011 through December 31, 2011, owners of existing developed
property located in Phase 2 may elect to pay a CFC of $3,000 for no more than
one ERU per parcel in advance of the availability of sewer service to Phase 2
("capacity reservation") The capacity reservation shall entitle the property owner
to connect one ERU from that parcel to public sewer facilities when service
becomes available. Thereafter, the CFC amount shall be as established in
13.31.060.G. If a property with more than one ERU has purchased a capacity
reservation for one ERU, the CFC for the additional ERUs shall be required to be
paid at the then -current rates before the property is connected to public sewer
facilities.
3. The county shall charge any parcel that has a capacity reservation for one ERU a
capital service charge of $25 per month. If the capital service charge is
delinquent for 60 days beyond the due date, the property owner will receive a
notice warning of the impending loss of the capacity reservation. If the capital
service charge remains delinquent for 120 days beyond the due date, the capacity
reservation shall be terminated. Upon teituination, the parcel's connection to the
public sewer facilities shall require the payment of a CFC at the then -current rates
established by 13.31.060.G; provided that the county shall provide the property
with a $3,000 credit against the future CFC to be applied at the time of
connection.
13.31.070 County Sewer Hook-up Program..
A Program. Under the County Sewer Hook-up Program ("Program' ), owners of
existing developed properties in Phase 1 may elect to contract with the County to install any side
sewer lines necessary to connect the property to the sewer system, and disconnect the septic
system. The property owner shall be responsible for the cost of this service. The County shall
provide an estimate of the cost before perforating the service. The cost of connecting a given
property may vary depending on the characteristics of the site.
B. Financing. The cost of connection services under the program may be financed over a
10-year period at 5% interest.
C. CFC financing. The property owners electing to participate in the program may also
finance up to one-half of their CFC (or $1,500) over a 10-year period at 5% interest.
D. Monthly bill. The interest and principal on the financed portion of the CFC and the
connection services will be added to the monthly sewer bill of the account until the balance due
and owning is paid in full.
E Prepayment. Customers may elect to pay off the outstanding principal balance of
their debt under the County Sewer Hook-up Program at any time without penalty.
F. Program contract. Property owners who elect to participate in the Program shall be
required to execute agreements providing for such participation in a form required by the
director.
13.31.080 ERU updates, capacity charges, strength charges.
A. Updating ERU estimates.
1. The number of ERUs used to calculate the monthly sewer charges for a given
commercial or mixed use parcel will be updated on an annual basis, and based
upon the most recent data available on water consumption
2 If updated water consumption data is not available, historical metered water
consumption data shall take precedence over the estimated ERUs in 13.31.060.F -
Figure A, as the basis of ERU calculations; provided that the property use or
intensity of development has not changed. In general, absent a change in property
use or intensity of development, the source of data of the commercial ERU
calculation is intended to be, in priority order: (1) immediate past year's metered
water consumption; (2) historical metered water consumption; and (3)
13.31.060.F - Figure A.
3. When property redevelopment or changes in tenant use increases the number of
ERUs estimated for a given parcel, the property owner shall pay a CFC consisting
of the number of incremental ERUs multiplied by the then -current CFC per ERU.
B. Capacity charges.
1. Regardless of whether there has been property redevelopment or changes in
tenant use, if the most recent annual water consumption information for a given
commercial or mixed use parcel is higher than the water consumption determined
by the number of ERUs for which CFCs have been paid, and if the increase is at
least the standard amount of water consumption currently defined as one ERU,
then the county shall calculate an additional monthly charge equivalent to a CFC
on the incremental ERUs. This additional monthly charge shall be referred to as a
"capacity charge.'
2. Property owners may at any time elect to buy additional ERUs of capacity rights
(thus foregoing the capacity charge) by paying a CFC at then -current rates for the
incremental number of ERUs.
3. If the county adjusts the standard water consumption used to define one ERU, a
`re -basing factor" will be calculated and applied to the original number of ERUs
of CFCs paid in order to create an adjusted number of ERUs of CFCs paid for
each property The re -basing factor will be the old standard water consumption
divided by the new standard water consumption For the purpose of implementing
the capacity charge, the number of ERUs for which a given property owner has
purchased capacity rights shall be defined as the greater of (a) the number of
ERUs of capacity rights after applying the adjustment factor, or (b) the number of
ERUs of CFCs actually paid.
4. Once a property has been connected to the sewer, refunds of CFCs may be given
only if there have been technical errors in the original ERU calculation, and not,
for changes or periodic reduction in water consumption.
C. Adjustments to Water Consumption Data.
1. If a property owner elects to install a deduct meter or an irrigation -only meter as
approved by the director at the property owner's own expense that measures
irrigation -only use, the irrigation water shall be subtracted from the annual water
consumption upon which the ERUs are calculated.
2. Until January 1, 2014, if a property owner requests an adjustment in the
calculation of annual water consumption due to seasonal irrigation, and if the
parcel does not experience a summer seasonal peak in indoor water consumption
for that parcel the county may, in its discretion, substitute the average off-peak
water consumption for the measured peak -month consumption when calculating
the ERUs. Unless usage patterns show otherwise, the peak season is assumed to
be June -August After January 1, 2014, only deduct meters or irrigation -only
meters will serve as the basis for adjusting water consumption for irrigation.
3 In relying on the immediate past year's metered water consumption as the basis of
ERUs for a given parcel, the intent is to estimate the relative sewage flows from
that parcel for the upcoming year. To that end, the county may extrapolate from
partial year data or use historical data when it appears that the recorded water use
data for the immediate past year is anomalous or incorrect. This extrapolation is
intended to addresses situations where there might have been leaks, stolen water,
meter malfunctions, or capital improvements during the year that will reduce
water consumption for the upcoming year.
4. For commercial laundry facilities, the director may adjust the water consumption
data used for calculating ERUs to account for the percentage of water used in the
washing machines that evaporates in the dryers rather than being discharged to the
sewer. This adjustment shall be based on the best available research for the
washing machines in use by the facility.
D. Strength Charges.
1. Based on the property use, commercial accounts or mixed -use accounts shall be
classified as domestic strength or high strength, using the estimates in Figure B
(below). Residential accounts are estimated to have between 175-250 parts per
million (ppm) of both biological oxygen demand (BOD) and total suspended
solids (TSS). For commercial accounts or mixed -use accounts, "domestic
strength" shall mean a concentration of BOD and TSS that is less than or equal to
500 ppm for both BOD and TSS. "High strength" shall mean a concentration of
either BOD or TSS that is more than 500 ppm for either BOD or TSS.
2. If a parcel has multiple tenants, and some of the tenants are high strength the
strength charge shall be prorated in proportion to the number of ERUs estimated
for each tenant. The sewer bill shall identify the strength charge and high -strength
ERUs separately.
3. A business customer may appeal its strength classification to the county by paying
for and providing to the county sampling and lab testing to determine site -specific
BOD and TSS loadings The sampling and testing shall be controlled and
executed by the county at the time determined by the county, at the customer s
cost and expense. If the testing shows the sewage from the site to be below the
high -strength threshold for both BOD and TSS, then the strength charges shall be
eliminated from future sewer bills, unless the department determines in the future
that circumstances have changed on the property to warrant strength charges.
4. Upon receipt of a strength classification appeal, the county shall notify the
property owner of the estimated cost of the appeal. The property owner appealing
the strength classification shall pay the estimated appeal cost. Upon such
payment, the county will conduct the testing and make a determination about the
strength classification based on site -specific data. If the county determines that the
property in question is a domestic strength account then any strength charges
paid prior to the date of the appeal will be refunded to the date of the appeal, and
future strength charges will not be applied for a period not to exceed 12 months.
E Figure B - Strength categories by property use:
Strength Categories by Property Use
BOD
(ppm)
Strength Category
TSS
(ppm)
Type
of Use
175-250
175-250
Residential
(varies with
average
water
usage
per capita)
Domestic
1,150
1,250
High
Auto
steam
cleaning
Bakery,
wholesale
1,000
600
High
Bars without
dining
facilities
200
200
Domestic
Car wash
20
150
Domestic
Department
and
retail
store
150
150
Domestic
Hospital
and
convalescent
250
100
Domestic
Hotel
with
dining
facilities
500
600
High
Hotel/motel
without
dining
310
120
Domestic
Industrial
laundry
370
680
High
Laundromat
150
110
Domestic
Laundry,
commercial
450
240
Domestic
Grocery
grinders
store with
garbage
800
800
High
Mortuary
800
800
High
Professional
130
80
Domestic
office
Repair
180
280
Domestic
shop
and
service
station
Restaurant
1,000
600
High
School
130
100
Domestic
or
college
Definitions
BOD:
Biological
Oxygen
Demand.
TSS: Total
Suspended
Solids.
Ppm:
parts
per
million.
Domestic
Both
BOD
TSS < = 500
strength:
and
ppm.
High strength:
Either
BOD
or
TSS > 500
ppm.
Source
of
BOD
and
TSS
estimates
by
type
of
business:
California
EPA, WastewaterTreatment
Facilities
Construction
Revenue
Program
Guidelines
13.31090 Billing.
A. Definition of Accounts — Sewer accounts shall be defined primarily by the tax parcel
for which sewer service is to be provided. Where a given parcel has more than one water meter,
the Director or his designee may elect to treat the parcel as having more than one sewer account
for billing purposes; however, the ultimate responsibility for paying all sewer charges still rests
with the property owner. Where a given property owner owns more than one adjacent parcel,
then upon request of the property owner, the Director or his designee may treat the commonly -
owned parcels as one sewer account for convenience in billing.
B. Billing - ': illings shall be mailed prior to the tenth day of every month. Sewer user
charges shall be due and payable before the first day of the next monthly billing period for which
charges are made.
C. Delinquent charges and liens. Delinquent charges and liens shall be as set forth as
those described in Article 9, Enforcement of the North Bay/Case Inlet sanitary sewer utility
administrative code.
D. Billings - To whom mailed. Billings may be mailed to the owner of the property, or
his/her tenant, insofar as the county may reasonably ascertain the same. Failure to receive such
bills shall not relieve and person liable therefore from the obligation to pay the same, nor the
property receiving such service, or capable of receiving such service, from such lien therefore as
may thereafter attach to the property in the manner provided by law. A fee of ten dollars shall be
charged for any change in tenant, renter, ownership, or billing address.
E. When payments are due. Account holders begin paying the monthly sewer rate when
they pay the CFC and sewer service is available. Phase 2 property owners who elect to purchase
capacity reservations begin paying the monthly capital service charge when they pay the CFC.
Monthly sewer charges are to be paid in advance of service, notwithstanding the fact that the
amount of the charge may be based on historical data. Likewise, capital service charges for
Phase 2 capacity reservations are to be paid at the beginning of the month for which they apply.
F. Seasonal disconnections prohibited. Seasonal disconnections are prohibited. If a
property disconnects its sewer service, then in order to be re -connected to public sewer facilities,
the property owner shall pay the then -current CFC per 13.31.060.G and all other applicable
county fees and charges for a new sewer service.
G. Payment priority. Payments received by the county shall be applied in the following
order: (1) interest charged for delinquent accounts; (2) late penalties for delinquent accounts; (3)
monthly sewer charges, including capital service connection charges, strength charges, and
capacity rental charges; (4). interest on the outstanding County Sewer Hook-up Program debt;
and (5) outstanding principal from the County Sewer Hook-up Program.
13.31.100 - Unlawful use of public sewer system. All prohibited uses and unlawful acts
relating to public sanitary sewers, as established by Article 8 of the North Bay/Case Inlet (Mason
County) sanitary sewer administrative code, shall apply to this chapter.
13.31.110 - Enforcement. Enforcement of this chapter shall be according to Article 9 of the
North Bay/Case Inlet (Mason County) sanitary sewer administrative code.
13.31.120 - Phase Description. Phases 1 and 2 are the geographic areas identified and depicted
on Figure C attached hereto and incorporated herein in full by this reference.
Figure C
N Proposed
A. ProPosed Gro4W5"&
iV PrOposed Low Pressin Sewer
Forced
Gi ys.wa
u Proposed
OFulLme
G_i a air uwavway
°Comity
1 Parcel Boundary
SOUTHERN CONNECTION
Infiltration
NEW KIRK RD CONNECTIOM -�
0
Land
Application
Sito
Belfair UGA Builtl-0ut Sewer Connection