HomeMy WebLinkAbout132-94 - Ord. Harstene Pointe Sanitary Sewer Utility Administrative Code Article 1 Establishment & Definition ORDINANCE NO® 132-94
HARTSTENE POINTE (MASON COUNTY)
SANITARY SEWER UTILITY ADMINISTRATIVE CODE
ARTICLE I - ESTABLISHMENT AND DEFINITIONS
1.01 - ESTABLISHMENT - POLICY. There is hereby established a
Sanitary Sewage Code for Hartstene Pointe. 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. To meet this
purpose, the existing sewage system at Hartstene Pointe and any further
construction shall be in compliance with the authority established hereunder.
1.02 - OTHER APPLICABLE LAWS. 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 regulation that the County may adopt
pursuant to this code, the most restrictive standard shall prevail.
1.03. DEFINITION OF TERMS
(1) GENERAL. Unless the context specifically indicates otherwise, the
meaning of terms used in this Code shall be as set forth in this Section. Terms
not specifically defined herein shall be as defined in the latest revised
publication, "Glossary Water and Wastewater Control Engineering," published
jointly by the American Public Health Association, American Society of Civil
Engineers, American Water Works Association and Water Pollution Control
Federation.
(2) Association. The Hartstene Pointe Maintenance Association
(HPMA), a Washington non-profit organization.
(3) BLUE CARD. A card issued by the Mason County Department of
Community Development upon acquisition of building permit and payment of
connection fee. This card authorizes the owner to proceed with connection to
the water and sewer system.
(4) BUILDING SEWER. The Building Sewer is the sanitary side sewer
line, connecting a single structure or more than one (1) structure from the
building drain to the public sewer collection and/or trunk line located in an or
easement dedicated to the County, or other approved place of disposal. The
building sewer, including that portion called the side sewer stub, is to be
inspected at the time of construction and approved by the County but is not
owned by the County and therefore shall be maintained by the property owner.
This includes single family dwellings and duplexes.
(5) CERTIFIED. To present in written formal communication attesting
as being true as represented or as meeting a standard and guaranteed by
signature.
(6) COLLECTION SYSTEM. Sanitary sewer lines, of 8-inch or larger
diameters, including manholes, cleanouts, and appurtenances, whose primary
function is to collect sanitary sewage from individual side sewers and transport
this sewage to trunk and/or interceptor sewers.
(7) CONNECTION CHARGES. Charges assessed by the County
against an owner at the time the owner acquires a building permit.
(8) COVENANTS. Refers to the restrictive and other covenants running
with the land which govern the use of land in Hartstene Pointe. The Covenants
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applicable to each division of Hartstene Pointe are incorporated in a document
bearing the title "Declaration of Covenants, Conditions and Restrictions". The
covenants applicable to the first division of Hartstene Pointe were recorded in
the Mason County Land Records on August 7, 1970, under auditor's Fee No.
253021.
(9) DEPARTMENT OF COMMUNITY DEVELOPMENT. A separate
and independent Department of Mason County responsible for the
administration of the sanitary sewer and water utilities owned and operated by
Mason County. Also referred to herein as "Department".
(10) DEVELOPER. Any person, or the heirs, successors, or assigns of
such person, who owns and/or proposes or intends to develop any lot or parcel
of real property wherein there is located or is to be located any house, building
or structure for human occupancy, employment, recreation or other use.
(11) DIRECTOR. The Director of the Department of Community
Development or the Director's duly authorized representative.
(12) DOMESTIC WASTEWATER FACILITIES. All facilities
generating wastewater principally from single, duplex or multiple dwellings.
(13) DUPLEX. A two-family dwelling, namely a detached building
containing two (2) complete living units sharing a common wall or floor with
not more than two kitchens, designated and/or used to house not more than two
families living independently of each other and including all necessary
household functions of each such family. A duplex shall be considered two
single family dwellings.
(14) EASEMENT. A legally binding agreement entitling the County to
construct, repair and/or connect sewer facilities located on private property; or,
an agreement between two separate owners, for the purpose of mutual
wastewater discharge, to construct sewer facilities on property owned by one
owner or the other or both.
(15) EFFLUENT. Wastewater that has been treated to remove wastes
and is discharged from treatment facilities.
(16) GOVERNMENTAL ENTITY. The organization or agency through
which a separate and independent political body exercises authority including
but not limited to cities, towns, counties, water and sewer districts and other
municipal corporations.
(17) GARBAGE. The animal and vegetable waste resulting from the
handling, preparation, cooking and serving of foods. It is composed largely of
putrescible organic matter and its natural moisture content.
(18) HARTSTENE POINTE. Hartstene Pointe means the total land area
on the north tip of Hartstene Island in Mason County, Washington, which
consists of:
(a) The land area described and platted by that certain plat entitled
"Hartstene Pointe" which Developer filed with Mason County
Auditor on July 7, 1970, and which the said Auditor recorded
under this Fee No. 252193 on page 80 to 85 of Plat Volume 8 of
the Mason County Land Records, and
(b) Such other lands in Section 19 and 30 of Township 21 North,
Range 1 West, Willamette Meridian and Sections 24 and 25,
Township 21 North, Range 2 West, Willamette Meridian (the
north tip of Hartstene Island) as may be added thereto by
recorded plats identifying the same as additions to Hartstene
Pointe.
(19) - HARTSTENE POINTE (MASON COUNTY) SEWERAGE
SYSTEM. The system of conduits, pumps, treatment plants, and structures
located on County owned property or in private road rights-of-way or on
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easements dedicated to the County used for the purpose of conveying from their
source, treating in any manner, and conveying to final points of disposal, all
wastes of any nature permitted by this Code to enter said system. Specifically
included as integral parts of the system are all conduits of any nature forming a
part of the general network of conduits or connected directly or indirectly to
said network, all pumps, wastewater treatment plant and structures of any kind
used in connection with the collection, treatment and disposal of the wastes
handled by the system, all appurtenances to any of the above, either physically
or functionally connected therewith. Sanitary Sewers, as defined below, are
included as part of the Hartstene Pointe Sewerage System. "Building sewers"
and "side sewer stubs" as defined herein are not part of the County system and
are operated and maintained by the owner.
(20) - LARGE RESIDENTIAL DEVELOPMENT. Any development
which includes more than four residential living units.
(21) - NATURAL OUTLET. Any outlet into a watercourse, pond,
ditch, lake or other body of surface or ground water.
(22) - NATURAL WATERCOURSE. A surface or underground
watercourse created by natural agencies and conditions.
(23) - OWNER. The lawful and legal owner of a lot or parcel of land
(delineated by parcel number) under single ownership also noted on County
Assessor/Treasurer property rolls as the taxpayer.
(24) - PERMIT. Written authorization from the Director granting the
owner permission to make the required building sewer connections to the side
sewer stub or to make repairs, alterations, disconnections, caps, or any other
sewer construction or,repair stipulated in this Code.
(25) - PERSON. Any individual or commercial entity, company,
association, society, corporation, partnership or group.
(26) - MASON COUNTY BOARD OF COMMISSIONERS. Those
duly elected individuals serving as the Legislative Body of Mason County. Also
referred to herein as the "Board".
(27) - PLUMBING OUTLET. The part of the lowest horizontal piping
of a drainage system of a structure that receives waste from other drainage pipes
inside the walls of a structure and conveys it to a building sewer. The building
sewer begins twenty-four (24) inches from the outer face of the outside building
wall.
(28) - PREMISES. A continuous tract of land, building or group of
adjacent buildings under a single ownership.
(29) - PRIVATE SEWER FACILITIES. Any sanitary sewer facility
including building sewers, constructed within the limits of property privately
owned including but not limited to collection lines, trunk sewers, lateral sewers,
pump stations, force mains and appurtenances. Side sewer stubs as defined
herein and located within public rights-of-way or perpetual easements owned by
Mason County shall be operated and maintained by the private property owner.
(30) - PROPERLY SHREDDED GARBAGE. Garbage which has been
shredded to such degree that all particles will be carried freely under the flow
conditions normally prevailing in public sewers, with no particle greater than
1/4 inch in any dimension.
(31) - PUBLIC SEWER FACILITIES. Any sanitary sewer constructed
within a public right-of-way or perpetual easement owned by Mason County
including but not limited to collection lines, trunk sewers, lateral sewers, side
sewer tees, pump stations, force mains, and appurtenances. "Building sewers"
and "side sewer stubs" as defined herein are not part of the County system and
are operated and maintained by the owner.
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(32) - PURCHASER. Any person, or the heirs, successors or assigns of
such person, who purchases and/or leases any house, building or structure; or
one or more units in a subdivision or multiple housing projects, from a
developer as herein defined.
(33) - REGISTERED PROFESSIONAL ENGINEER. Any individual or
corporation holding a currently valid license to practice engineering in the State
of Washington.
(34) - REGISTERED BUILDING SEWER CONTRACTOR. Any
contractor who is duly registered to construct, install, repair, reconstruct,
excavate, or connect any building sewer and side sewer stub to public sewers in
the State of Washington.
(35) - SANITARY SEWAGE. Wastewater derived from domestic,
commercial, and industrial wastes.
(36) - SANITARY SEWER. A sewer which carries sanitary sewage.
(37) - SEPTIC TANK A settling tank in which settled sludge is in
immediate contact with the wastewater flowing through the tank and in which
the organic solids are decomposed by anaerobic bacterial action. These type of
units are prohibited at Hartstene Pointe.
(38) - SERVICE AREA. That area containing Hartstene Pointe and the
533 lots therein.
(39) - SEWAGE. Term now being replaced in technical usage by the
preferable term of "Wastewater", and for the purpose of this Code shall be
considered synonymous.
(40) - SEWER LINE EXTENSION.
a) The construction, upgrading, and/or extension of existing sewer
facilities located in public rights-of-way or easements conveyed to the County,
or
b) The construction, upgrading, and/or extension of existing sewer
facilities located on private property serving four (4) or more structures or
exceeding a length of four hundred (400) feet.
Sewer line extensions located on private property shall be operated and
maintained by the owner including the side sewer stub as defined herein.
Gravity building sewer lines over four hundred (400) feet in length serving one
(1) single family dwelling are exempt from this definition.
(41) - SHALL - MAY. "Shall" is mandatory, "May" is permissive.
(42) - SIDE SEWER STUB. A sanitary sewer constructed from a lateral
or trunk sewer to a property line, or edge of a perpetual easement of a property-
being served. The side sewer stub shall be considered part of the "Building
Sewer" and shall be maintained by the owner.
(43) - SIDE SEWER TEE. The point at which the side sewer stub joins
the public sewer.
(44) - SINGLE FAMILY DWELLING. Any building designed and/or
used to house a single family and shall include mobile homes on individual lots
whether owned collectively or individually in mobile home courts,
condominiums or townhouses.
(45) - STORM DRAIN. Those drainage pipes which are designated to
carry surface drainage water and other such storm waters as are not permitted to
be disposed of through the sanitary sewer system, in accordance to the
provisions of this Code.
(46) - STRUCTURE. Anything constructed erected or placed, the use
of which requires location or attachment to something having location on the
ground.
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(47) - UNPOLLUTED WATER. Water in its natural state, or water
which, after use for any purpose, is not substantially changed as to chemical or
biochemical qualities.
(48) - WASTEWATER FACILITIES. The structures, equipment, and
processes required to collect, transport, and treat domestic and commercial
wastes, and dispose of the effluent and waste by-products.
(4-9) - WASTEWATER TREATMENT PLANT. Any arrangement of
devices and structures used for treating wastewater collected by the County. See
WASTEWATER FACILITIES.
(50) - WATERCOURSE. (a) A natural or artificial channel for passage
of water. (b) A running stream of water. (c) A natural stream fed from
permanent or natural sources, including rivers, creeks, runs, and rivulets.
There must be a stream, usually flowing in a particular direction (though it need
not flow continuously) in a definite channel, having a bed or banks and usually
discharging into some other stream or body of water.
ARTICLE 2
ADMINISTRATION
2.01 - DEPARTMENT OF COMMUNITY DEVELOPMENT. The
Department of Community Development has been established as a department
within the government of Mason County. This department is under the
management of the Director of the Department of Community Development.
This department has the responsibility for the construction, maintenance and
operation of sewer utility facilities at Hartstene Pointe and owned by Mason
County.
2.02 - DIRECTOR - RESPONSIBILITIES AND LIMITATIONS. The
Director shall be the administrator of Mason County's Department. Where this
Code requires approval by, permission or decision of, or instructions from the
Director, the Director shall be guided by current County Resolutions,
Ordinances and Policy as well as by generally recognized engineering standards
and practices. The Director shall also be guided by current applicable state and
federal laws and regulations.
2.03 - INTERDEPARTMENTAL COOPERATION AND
AGREEMENTS. The Director may, insofar as practicable, make use of
services of the other county departments, offices, and agencies:
Interdepartmental agreements between the Community Development and the
Department of Public Works and other departments of the County, may be
authorized when necessary.
2.04 - AUTHORITY TO CONSTRUCT AND OPERATE. The
Department of Community Development shall construct, operate and maintain
the Hartstene Pointe Sewerage System, including collection systems and
treatment facilities, for the collection and treatment of wastewater.
2.07 - REVIEW, INSPECTION, AND CONSTRUCTION OF SEWER
FACILITIES BUILT BY A PROPERTY OWNER OR DEVELOPER.
(1) Prior to the construction, installation and operation of any public
sewer facility or any private sewer facility governed by the provisions of this
Code, owners, developers or other entities responsible for the construction shall
be required to obtain Building Permit and pay all required fees and charges. In
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addition, owners are required to obtain a building permit from the Architectural
Control Committee of the Hartstene Pointe Maintenance Association.
(2) The Department may require the entity responsible for the
construction to demonstrate satisfactory completion of all lines installed by the
owner. If defects are discovered by the County, the party responsible for the
construction will be responsible for incurring all costs for repairing all defects.
2.08 - AUTHORIZATION OF INSPECTION OF EXISTING SEWERS
AND APPURTENANCES.
(1) The Director shall be authorized to enter upon premises served by
any building sewer or connected with any public sewer at all reasonable hours to
ascertain or make necessary tests as to whether the provisions of local, state and
federal laws relative to sewerage have been complied with.
(2) In the event that entry is refused, necessary steps shall be taken to
make application for a search warrant to accomplish the appropriate inspection.
(3) If said sewer, or its attachments, are in conflict with the provisions
of any law or resolution in regard thereto, the owner of said premises, or his
agent, shall be notified to cause said 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.
2.09 - SEWER UTILITY FUNDS. The County shall by separate
resolutions/ordinances create the necessary Sewer Utility Funds to properly
account for any and all revenues received for the use of sewers as set forth
herein. All expenses for the administrative development, construction,
operation, maintenance and repair of the Hartstene Pointe (Mason County)
Sewer System shall be charged to said funds.
ARTICLE 3
REQUIRED USE OF PUBLIC SANITARY SEWERAGE SYSTEMS
3.01 - TREATMENT OF WASTEWATER REQUIRED. It shall be
unlawful to discharge into any natural outlet within Hartstene Pointe, or onto
any land or body of water within the exterior boundaries, any sewage,
wastewater, or other polluted waters, except where suitable treatment has been
provided in accordance with State and Federal Regulations or the provisions of
this Code.
3.02 - PROPERTY REQUIRED TO CONNECT TO PUBLIC SEWER.
(1) Buildings on Platted Residential Lots requiring sewer service shall be
connected to the central community sewer system at the Owner's expense and in
a manner which meets with the approval of the Mason County Department of
Community Development and the Hartstene Pointe Board of Directors. The
plans for and specifications of such connections shall be submitted as a part of
the Owner's application for a building permit. Upon acquisition of the building
permit and payment at connection fee, the owner shall receive a "blue card"
entitling the owner to proceed with construction and connection to the
community sewer system.
Travel trailers, campers, and motorhomes owners must apply to the
Mason County Department of Community Development for a permit to obtain
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sanitary sewage service while such vehicle is on a platted residential lot, except
as provided as follows:
Travel trailers, campers or motorhomes with self-contained sanitary
facilities wherein no disposal of sewerage or wastewater will be made while on
the platted residential lot or on the common area, may be used on a platted
residential lot having no connection to the community system for a period not to
exceed two weeks with written permission of the Hartstene Pointe Board of
Directors.
Where a travel trailer, camper or motorhome does not have self-
contained, sanitary facilities, connection to the community sanitary system is
mandatory after a period of two consecutive days.
If a travel trailer, camper or motorhome is located on a platted lot during
construction of a dwelling unit with written permission of the Hartstene Pointe
Board of Directors, the Owner must connect to the community sanitary system.
(2) No more than one travel trailer, camper or motorhome may be located
on a platted lot during any period of use.
ARTICLE 4
SEWERAGE DEVELOPMENT
4.01 - EXTENT OF SEWERAGE DEVELOPMENT. The extent of
sewerage development shall be the boundaries of the Hartstene Pointe
development as set forth in the approved Engineering Report, "Hartstene Pointe
Engineering Report". Connections to the sewer system shall be confined to the
533 lots and the common areas maintained by the Hartstene Pointe Maintenance
Association.
ARTICLE 5
CONSTRUCTION OF SANITARY SEWER SYSTEMS
5.01 - DESIGN CRITERIA AND CONSTRUCTION STANDARDS.
The Department shall ensure that sewer facilities design and construction
standards satisfy the standards of the most current Department Design and
Construction Specifications, or as prescribed and interpreted by the Director
5.02 CONNECTION TO PUBLIC SEWERS. All connections to thi
public sewers of the County shall be made in a permanent and sanitary manner
in accordance to the provisions of this Code and shall be sufficient to carry all
the wastewater of every kind from the building or structure into the public
sewer.
5.03 REPAIRS TO CONNECTIONS. For assessed properties within
Hartstene Pointe, any needed repair to a building sewer or connection to a
public sewer shall be made within thirty (30) days after the date of mailing or
personal service of a notice by the Director to the owner of the property served
notifying such owner to make such repair. In the event of an emergency, the
Director may establish a shorter period of time for the repair to be made or, if
the owner cannot be located or does not promptly make such repairs, the
County may make the repairs under the procedures of this Code and charge for
the work based on the staffs hourly rate.
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location and elevation of the sewer wye, tee or stub at the point of connection
and, in the case of new construction, for planning the building and plumbing to
provide adequate slope for building connection to the side sewer stub. The
applicant for permit shall be responsible for determining the available grade
between plumbing outlet and sewer wye, tee or stub. All department supplied
information shall be field checked by the owner/developer or his/her
representative prior to design and/or commencing construction. The County is
not liable for inaccurate information provided to the County.
5.10 - COSTS OF BUILDING SEWER OR SEWER LINE
EXTENSION BORNE BY OWNER. All costs and expense incidental to the
installation, connection, maintenance, cleaning, repair and/or addition to or of
the building sewer shall be borne by the owner. This responsibility includes
paying all costs incidental to the aforementioned activities performed on all
segments of the sewer and including but not limited to side sewer stub, sewer
tee, sewer wye and all other sewer appurtenances.
5.11 - REUSE OF OLD BUILDING SEWERS. Old building sewers,
may be used only when they are found, on examination and test by the Director
to meet all requirements of this Code. This examination and test shall be at the
owner's expense. The owner or his/her agent shall demonstrate to the Director
that no connection to such building sewer line exists which conveys any material
prohibited by County.
5.12 - PROTECTION OF EXCAVATIONS AND RESTORATION OF
PUBLIC PROPERTY. All excavations for building sewer or sewer line
extension installations shall be adequately guarded with barricades and lights in
accordance with State and County requirements so as to protect the public from
hazard. Road, parkways and other public property disturbed in the course of
the work shall be restored to original condition or better.
ARTICLE SIX - PERMITS
6.01 - PERMITS REQUIRED. No unauthorized person shall uncover,
make any connections with or opening into, use, alter or disturb any public
sewer or appurtenance thereof or construct any sewer disposal system without
first obtaining a written permit from the Department or other responsible
agency.
6.02 - BUILDING SEWER PERMITS. There shall be two classes of
building sewer permits: (1) for residential, single family service; and (2) for
nonresidential service. In either case, the owner or his agent shall make
application on a special form furnished by Mason County. A Building Sewer
Permit shall be required of any owner of a lot(s), 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 an payment of the connection fee, the owner shall receive a "blue card"
authorizing construction and connection.
6.03 - BUILDING SEWER PERMIT-TERM AND FEE. A Building
Sewer is valid for twelve (12) months from the date of issuance. If a Building
Sewer expires but the owner still wishes to connect to a sewer, a new permit
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5.04. CONNECTION STANDARDS
(1) Old building sewers may be used in connection with new buildings,
or new building sewers only when they are found to meet all the requirements
of this Code.
(2) The building sewer shall conform to all County and State building
codes and/or with the manufacturer's recommended practices, which ever is
more restrictive. Sewer pipe and fittings at a minimum shall be PVC and shall
meet or exceed AST M recommended specifications D3034-73, SDR 35, current
revisions.
(3) Connections between dissimilar pipe materials shall be by adapters
approved by the Director or his agent. The first fitting at the connection of the
building sewer to the public sewer service connection shall be a tee, furnished
by the owner. Immediately after installation of the tee, an expandable watertight
plug shall be installed in the tee branch connected to the public sewer. Said plug
shall remain in place during construction and testing of the building sewer.
After the plug has been removed, the tee riser shall be extended vertically to
within 6" to 18" of finished ground surface and shall be sealed with an approved
cap or plug. The riser shall be used as an auxiliary cleanout.
(4) The size and slope of the building sewer shall be subject to the
approval of the Director, but in no event shall the diameter be less than four
inches. The slope of said four inch pipe shall not be less than one-quarter (1/4)
inch per foot, unless approved by the Director. In no case shall the slope of 4-
inch pipe be less than one-eighth (1/8) inch per foot. A minimum of 18" of
cover shall be maintained over the top of service pipe at all times.
The building sewer shall be laid at uniform grade and in a straight
alignment insofar as is possible. Changes in direction shall be made only with
curved pipe no greater than "45-degree bends". All pipe shall be laid on a 4-
inch granular base of a 3/4-minus rock, pea gravel, sand or combination
thereof.
Whenever 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 public sewer, sanitary sewage carried
by such building drain shall be lifted by an approved means and discharged to
the building sewer.
(5) All excavation required for the installation of a building sewer shall
be open trench work unless otherwise approved by the Director. No backfilling
of the trench shall be done until inspection by the County has been conducted.
(6) All joints and connections shall be made gastight and watertight.
(7) The applicant for building permit shall notify the Director when the
building sewer is ready for inspection and connection to the public sewer. After
final approval and testing of the building sewer by the Director, the owner shall
make the final connection to the building drain, unless otherwise authorized by
the Director. A 30-minute internal hydrostatic test may be required on all
building sewers before connection is made to the building drain. All water plugs
and other facilities for making the test shall be furnished by the applicant.
Minimum head over the top of the pipe shall be two feet and a maximum
allowable leakage shall be four gallons per hour per 100 feet.
(9) Any structure having a plumbing outlet that serves fixtures with
flood level rims located below the elevation of the next upstream manhole cover
shall install an approved backwater valve.
5.05 - INFORMATION FROM THE COUNTY. The owner of any
building shall be responsible for obtaining from the Director the approximate
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shall be obtained and the County shall collect another full Permit Fee unless
circumstances, in the judgment of the Director, warrant a variance. If a
Building Sewer is canceled by the owner, the full Permit Fee shall be forfeited.
6.04 - BUILDING SEWER PERMITS REQUIREMENTS. Building
Sewer shall be obtained in the following manner:
(1) Permits shall be issued only upon proper application to the Mason
County Department of Community Developments,
(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 sewers as defined in Section 1.04 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) Building Sewer Permits shall not be transferable. No authorized
person shall lay any pipe pursuant to any other person's or contractor's permit.
(5) A Building Sewer Permit shall be issued prior to commencement of
construction and only after all applicable charges and fees have been paid by the
owner or developer.
(6) No Building Sewer Permit 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 public 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.
ARTICLE 7
CHARGES
7.01 - SCHEDULE OF FEES. The schedule of fees covering service
charges and permit fees for the sewerage system at Hartstene Pointe is covered
by resolution which is attached and by reference made part of this ordinance.
ARTICLE 8
UNLAWFUL USE OF PUBLIC AND PRIVATE SANITARY SEWER
SYSTEMS
8.01 - UNLAWFUL WASTEWATER DISPOSAL FACILITIES.
Except as hereinafter provided, it shall be unlawful to construct or maintain any
septic tank or other sewage holding facility intended or used for the disposal of
wastewater within the boundaries of Hartstene Pointe where sewers are available
except as permitted by this Ordinance. This does not include portable privies or
other temporary wastewater disposal systems, such as those used at construction
sites.
8.02 - UNLAWFUL DEPOSIT OF WASTE.
(1) It shall be unlawful for any person to place, deposit or permit to be
deposited in an unapproved and unacceptable manner into the County sanitary
sewer system any human excrement, garbage, hazardous wastes, and/or other
unlawful wastes except in accordance with this Code.
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(2) Unlawful waste, under no conditions, shall be discharged into or be
placed where it might find its way into, or be allowed to run, leak, leach or
escape into any part of the sanitary sewer system. Unlawful waste includes
gasoline, fuel oil, toxins, flammable or explosive liquids.
8.03 - UNLAWFUL DISCHARGE OF STORM AND OTHER
WATERS INTO SEWERS. No person shall discharge or cause to be
discharged any storm drainage water, surface water, roof runoff, or subsurface
drainage into the sanitary sewer system.
8.04 - LIMITATIONS ON DISCHARGE LOCATIONS. No person or
entity shall discharge any unlawful substance directly into a manhole or other
opening in the public sewer system other than through an approved building
sewer without the written authorization of the Director in compliance with this
Administrative Code, nor until said person or entity has paid all applicable
charges and fees and has met any other conditions required by this
Administrative Code and the Director.
8.05 - UNLAWFUL DAMAGE TO SEWER FACILITIES. It shall be
unlawful for any unauthorized person to maliciously or willfully break, damage,
destroy, uncover, deface or tamper with any structure, appurtenance or piece of
equipment which is part of the County sewer facilities by throwing, dumping,
discharging or otherwise introducing any dirt, rocks, sticks, debris, other
foreign matter or any other matter prohibited by this Code into the County
sewer system.
8.06 - DISCHARGE OF SEPTIC TANK CONTENTS.
(1) It shall be unlawful for anyone to discharge the contents of any
septic tank, chemical toilet, or sewage holding tank into the sewer system of
Mason County except in accordance with the provisions of this Code.
(2) The Director shall designate in writing the particular locations where
the contents of chemical toilets, or sewage holding tanks may be discharged into
public sewer systems, and the manner in which said contents shall be discharged
into the County sewer system.
(3) No matter prohibited from sewers by this Code shall be permitted to
be discharged under this section.
8.07 - FAILURE TO CONNECT OR REPAIR BUILDING SEWER.
(1) If any connection to or repair of a public sewer is not made within
the time and in the manner provided in this Code, the Director may forthwith
cause to be placed a recorded notice against the property that no new buildings,
remodeling or change in ownership will be allowed until the connection or
repairs of all sanitary sewer facilities are made. Said notice may be recorded by
the Director with the Mason County Assessor.
(2) If at this time or after a reasonable period so determined by the
Director, connection of or repairs to the building sewer or sewer line extension
remain to be completed and the Director has exhausted the means or methods
available to the Director to make said connections or repairs as prescribed in
this Code, the County may upon authorization of the Director make said
connections or repairs for and at the total expense of the owner provided the
Director takes the following steps:
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1. Notifies the owner that the connections or repairs are delinquent
pursuant to the provisions of this Code and informs said owner that
the County intends to make said connections or repairs itself and,
2. Notifies the owner that the County shall charge said owner for all
costs associated with said connections or repairs including, but not
limited to, all construction or repair costs and any other applicable
costs which would normally be incurred by said owner pursuant to
the provisions of this Code, and,
3. Notifies the owner that any failure to reimburse the County for
said costs shall result in the County filing a lien upon the property as
provided for in Title 36, Chapter 94, Revised Code of Washington
in the amount of said unpaid cost plus interest and plus any
applicable penalties.
8.08 - UNLAWFUL CONNECTIONS TO OR DISTURBANCES OF
PUBLIC SEWERS. Any person who makes or causes to be made any
connection to, opening into, use, alteration and/or disturbance of the public
sewers of the County without receiving a permit authorizing such a connection
and/or use, alteration, etc., shall be subject to the provisions set forth in this
Code.
8.09 - DISCONNECTION OF BUILDING SEWER. No structure may
be disconnected from a building sewer and no building sewer may be
disconnected from a public sewer for any reason without prior written
notification to, and approval by the Director. No approval shall be given unless
the disconnection is lawful under this Code and other applicable laws, and
satisfactory protection is given by the owner or his contractor to the public
sewers of the County including, but not limited to, the satisfactory capping of
the building sewer. Sewer service charges for any structure disconnected or to
be disconnected shall continue until such disconnection is approved by the
County and the building sewer capped and otherwise protected to the
satisfaction of the Director
8.10 - BUILDING SEWER FOR EACH BUILDING - EXCEPTIONS.
A single building sewer shall be provided for each building unless the
connection of more than one building to a single building sewer is approved in
writing by the Director prior to the construction of such building sewer.
ARTICLE 9 - ENFORCEMENT
9.01 - NOTICE OF VIOLATION. Any person or contractors found to
be violating any provision of this Code shall be served by the County with
written notice stating the nature of the violation and providing a time limit for
the satisfactory correction thereof. The violator of this Code shall, within the
period of time stated in such notice, permanently cease all violation and make
all necessary corrections.
9.02 - APPEAL PROCESS. The person or contractors may file a written
notice of appeal of the notice of violation issued by the Department. Such
appeal must be filed within thirty (30) days after the owner receives notice of
the violation. The violation notice will not be enforced until the Board of
Commissioners or its delegee meets, hears the appeal, and renders its decision
thereon. The hearing shall be held not less than ten (10) days or more than
forty-five (45) days after the date of the filing of objections. No less than seven
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(7) days prior to the date set for the hearing, notice of the hearing date will be
given to the owner. The decision of the Board of Commissioners or its delegee
is final and no appeal may be taken therefrom except as provided by law.
9.03 - CIVIL LIABILITY TO COUNTY. Any person or commercial
entity who shall violate any provision of this Code shall be liable to the County
for any penalty or fine; plus the expense, loss, damage, cost of inspection or
cost of correction incurred by the County by reason of such violation, including
any expenses incurred by the County in collecting from such person or
commercial entity any penalty, fine, loss, damage, expense, cost of inspection
or cost of correction.
9.04 - CONTINUED VIOLATION - PENALTY. Any person or
commercial entity who shall continue any violation beyond the time limit
provided for in the notice of violation or in the hearing order on appeal, shall in
addition to the items of expense provided in this Code, become liable to the
County for a penalty in the amount of ten (10) percent of such expense items,
together with interest thereon at a current rate determined by the County
Treasurer from the date of the time limit.
9.05 - DELINQUENT CHARGES. When sewer charges are not paid
within sixty days after the date of billing or by the date of the next billing, such
charges shall be delinquent and the water service may be discontinued (refer to
Resolution 142-92, Section 2.02 for additional charges).
9.06 - LIEN. In the event that any person, or commercial entity fails to
pay any fee or charge as set forth in this code within sixty (60) days after the
same is billed by the County, the unpaid balance plus interest shall become and
remain a lien against the property.
9.07 - LIEN ATTACHMENT. The Director shall certify periodically
the delinquencies to the Mason County Assessor/Treasurer at which time the
lien shall attach.
9.08 - LIEN INTEREST. The lien shall be for all charges and interest
at the current rate to be determined by the Mason County Assessor/Treasurer to
be applied from the date due until paid, and shall attach to the premises to
which the services were furnished.
9.09 - LIEN FORECLOSURE. Upon the expiration of sixty (60) days
after the attachment of the lien herein, the County may bring suit in foreclosure
by civil action in the Mason County Superior Court. In addition to the costs
and disbursements provided by statute, the court may allow the County
reasonable costs and attorney fees. The lien shall be foreclosed in the same
manner as the foreclosure of real property tax liens RCW 36.94.150.
9.10 - CRIMINAL PENALTY. Any person or commercial entity who
willfully violates any of the terms or conditions of this Code shall be guilty of a
misdemeanor, and on conviction thereof, shall be subject to a fine of not more
than $500 or by imprisonment in the Mason County Jail not to exceed 90 days
or both fine and imprisonment. Each separate day or any portion thereof,
during which any violation continues, shall be deemed to constitute a separate
offense.
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9.11 - VALIDITY - SEVERABILITY. The invalidity of any section,
subsection, clause, sentence or provisions of this Code shall not affect the
validity of any part of this Code which can be given effect without such part or
parts.
I - q
ORDINANCE NO.
PASSED and ADOPTED,by the Board of Mason County Commissioners this
(i't��day of 1994.
Ayes; L-)_Nays; c;,x Abstain; Absent
BOARD OF COUNTY COMMISSIONERS
MASON COUNTY, WASHINGTON
IV QC i
unai
Commissioner
Commissioner
ATTEST-
er of the Board �tj Y-141-
P 6V7, ts' To FORM:
Deputy Prosecuting Attorney
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