HomeMy WebLinkAbout2024-080 - Ord. Amending Mason County Code Title 2, 3, 13, and 17 ORDINANCE NUMBER 2.Oa4_Lam,O
AMENDMENT TO MASON COUNTY CODE TITLE 2,3,13& 17
AN ORDINANCE amending sections of Mason County Code Title 13 (Utilities)removing Harstine Point
Water and Sewer System,removing, and combining sections,and updating rate structures for all county owned
and operated water and wastewater facilities and amending sections of Title 2(Administration and Personnel),
Title 3 (Revenues and Finance)and Title 17(Zoning)relating to the Belfair Sewer.
WHEREAS,the Board ofCounty Commissioners find that the proposed amendments to Title 2,3, 13,and
17 of the Mason County Code are in the public's best interest; and,
WHEREAS,Mason County citizens, stakeholders and outside agencies have been afforded
opportunities to review and comment on the code amendments;and
WHEREAS,the Mason County Board.of County Commissioners held a public hearing on December 17,
2024 at 9:15am to consider written and oral testimony on the proposed code changes.
NOW,THEREFORE,BE-IT ORDAINED BY THE MASON COUNTY BOARD OF
COMMISSIONERS:
Section 1.The recitals set forth above are hereby adopted in support of the
regulations imposed by this Ordinance.
Section 2: Mason County Code Title 2 (Administration and Personnel), Chapter 2.161
adopted by Resolution 2022-52, is amended as shown on Attachment A.
Section 4.Mason County Code Title 3 (Revenues and Finance), Chapter 3.64 and adding
Chapter 3.158 and amending Resolution 1077 and 48-92 as shown on Attachment B.
ection 5 Mason County Code.Chapter 13.(Utilities), Chapter areas amending Resolutions
788, 980, 50-95, 126-98,49-05, 55-05, 44-06, 05-09, 04-12 and 94-12 and Ordinances 132-
94, 144-99, 06-09, 68-09 and 36-11, as shown on Attachment C.
Section 6,Mason County Code Chapter 17(Zoning), Chapter 17.03.030 amending
Resolution 46.17, as shown on Attachment D.
Section 7:Effective Date.
The Mason County Board of County Commissioners hereby approves and adopts the amendments to the
Mason County Code Title 2,3, 13,and 17 as shown in Attachments'A through D.
ADOPTED this I— `day of D 2024.
BOARD OF COUNTY COMMISSIONERS
-ATTEST: MASON COUNTY,WASHINGTON
4 SLQ
McKenzie SmMi,Cle _ of the Board y�Ne'ather n,Chair
APPROVED AS TO FORM:
Kevin" Shutby,V'
Tim Whitehead, (Sharon Trask,Commissioner
Ch.Deputy Prosecuting Attorney
ATTACHMENT A
Title 2 - ADMINISTRATION AND PERSONNEL
Mason County, Washington, Code of Ordinances Created: 2024-03-07 09:55:46 [EST]
(Supp. No. 66, 2-24)
Page 1 of 3
Chapter 2.161 FINANCIAL RESERVE AND CONTINGENCY POLICY
9.161.010 General policy.
The county shall maintain reserves required by law, ordinance and/or bond covenants. All expenditures
drawn from reserve accounts shall require prior board approval unless previously authorized by the board for
expenditure within the county's annual budget.
The county finance committee will review annually the required reserve levels necessary to meet the
reserves established herein. If it is determined that the reserves should be adjusted, the county finance committee
shall propose an amendment to these policies.
If reserves and/or fund balances fall below required levels as set by this policy, the county shall include
within its annual budget a plan to restore reserves and/or fund balance to the required levels.
The county's annual general fund budget will be adopted in the positive with expenditures not exceeding
revenues, excluding beginning and ending fund balances unless any of the following conditions exist: the Mason
County Board of County Commissioners develop a plan to restore the shortfall to the reserve balances within one
calendar year; the offset of expenditures over revenue is due to "one-time" expenditures, or; the offset is due to
conservative budgeting and the net revenue over expenditures for the previous calendar year is at least equal to
the amount of the excess in expenditures over revenues in the current budget year.
The county will allocate any funds from unanticipated excess revenues and/or unexpended budget authority
in the year following the actual recognition of these funds first to funding reserves as set out in this policy then to
other unanticipated expenditures.
All reserves will be presented in the county's annual budget.
(Res. No. 2022-052, 7-25-2022)
2.161.020 General fund operating reserves.
The county will maintain a general fund operating reserve to provide for adequate cash flow, budget
contingencies, and insurance reserves. Under this policy, general operating reserves will be budgeted in the range
of fifteen percent to twenty-five percent of the prior year's actual expenditures, excluding beginning and ending
fund balances.
(Res. No. 2022-052, 7-25-2022)
2.161.030 General fund contingency reserve.
The county will maintain a contingency fund and shall maintain a reserve equal to one million dollars to
provide a financial cushion to cover revenue shortfalls resulting from unexpected economic changes or
recessionary periods or to provide funds in the event of major unplanned expenditures the county could face.
(Res. No. 2022-052, 7-25-2022)
Created: 2024-03-07 09:55:46 [EST]
(Supp. No. 66, 2-24)
Page 2 of 3
2.161.040 General fund technology replacement reserves.
The county will maintain a technology replacement reserve for replacement of costs entity wide to cover
computer hardware, software, or telephone equipment identified in the county's technology replacement listing.
The required level of reserve will equal each year's scheduled costs. For example, if the 2019 equipment costs are
budgeted at one hundred thousand dollars the fund reserve balance must equal or exceed one hundred thousand
dollars. Contributions will be made through assessments to the using funds and departments and maintained on a
per asset basis.
(Res. No. 2022-052, 7-25-2022)
2.161.050 General fund equipment and vehicle replacement reserves.
The county will maintain a general fund reserve for the replacement of vehicles and equipment identified on
the county's equipment replacement listing. The required level of reserves will equal each year's scheduled
replacement costs. For example, if the 2019 equipment replacement costs are budgeted at one hundred thousand
dollars, the fund reserve balance must equal or exceed one hundred thousand dollars. Contributions will be made
through assessments to the using funds and departments and maintained on a per asset basis.
(Res. No. 2022-052, 7-25-2022)
2.161.060 General fund accrued leave reserve.
The county will maintain an accrued leave reserve to cover the cost of the liability in its accrued leave
account. The reserve will be at least sufficient to cover one years estimated accrued leave payout as well as any
accrued leave payouts known and required to be paid out in future years.
(Res. No. 2022-052, 7-25-2022)
2.161.070 General fund capital facilities reserve.
The county will maintain a capital facilities reserve equal to five million dollars, or other amount set by the
board and adopted during the annual budget process. The purpose of the reserve is to pay for capital costs or
future debt payments included in the capital facilities plan.
(Res. No. 2022-052, 7-25-2022)
2.161.080 Sales and use tax fund reserve.
The county will maintain a sales and use tax fund reserve equal to fifteen percent to twenty-five percent of
the prior year's actual expenditures, excluding beginning and ending fund balances.
(Res. No. 2022-052, 7-25-2022)
2.161.090 County road fund operating reserves.
The county will maintain a county road fund operating reserve to provide for adequate cash flow. Under this
policy, general operating reserves will be budgeted in the range of fifteen percent to twenty-five percent of the
prior year's actual expenditures, excluding beginning and ending fund balances.
Created: 2024-03-07 09:55:46 [EST]
(Supp. No. 66, 2-24)
Page 3 of 3
(Res. No. 2022-052, 7-25-2022)
2.161.100 County road new road projects fund reserve.
The county will maintain a county road new road projects fund reserve equal to four million dollars, or other
amount set by the board and adopted during the annual budget process.
(Res. No. 2022-052, 7-25-2022)
2.161.110 REET 2 fund reserve.
The county will maintain a REET 2 fund reserve to provide for future debt payments within the Belfair
Wastewater and Water Reclamation Fund. The reserve will increase each year, economic conditions permitting, by
up to one-half of the scheduled transfer amount from the REET 2 fund into the Belfair Sewer Fund until the reserve
is equal to three million dollars, or other amount set by the board and adopted during the annual budget process.
(Res. No. 2022-052, 7-25-2022)
2.161.120 Equipment rental and revolving fund reserve.
The county will maintain an equipment rental and revolving fund balance reserve equal to fifteen percent to
twenty-five percent of the prior year's actual expenditures, excluding beginning and ending fund balances.
(Res. No. 2022-052, 7-25-2022)
2.161.130 Utility enterprise fund reserves.
The county will strive to establish and maintain a utility enterprise fund reserve equal to fifteen percent to
twenty-five percent of the prior year's actual operating expenditures, excluding beginning and ending fund
balances. When funds fall below this reserve, the county will prepare and implement a financial improvement
plan.
2.161.140 Utility enterprise fund capital reserves.
The county will strive to establish and maintain a capital facilities reserve equal to the amount set by the
board and adopted during the annual budget process. The purpose of the reserve is to pay for capital costs or
future debt payments included in the capital facilities plan.
ATTACHMENT B
Title 3 - REVENUE AND FINANCE
Mason County, Washington, Code of Ordinances Created: 2024-09-03 06:40:06 [EST]
(Supp. No. 68, 8-24, Update 1 )
Page 1 of 1
Chapter 3.156 UTILITY FUNDS
3.156.010 Established.
The Mason County board of county commissioners hereby establishes the following utility funds:
North Bay/Case Inlet wastewater and water reclamation utility Fund 403
Rustlewood wastewater utility Fund 411-100
Rustlewood water utility Fund 411-200
Beard’s Cove water utility Fund 412
Belfair wastewater and water reclamation utility Fund 413
(Res. 118-07 (part), 2007).
3.156.020 Administration.
The director of Public Works/Utilities and Waste Management or their designee will administer this fund and
pay proper expenses from this fund as approved and directed by the board of Mason County commissioners.
(Res. 118-07 (part), 2007).
ATTACHMENT C
Title 13 - UTILITIES
Mason County, Washington, Code of Ordinances Created: 2021-12-29 14:27:44 [EST]
(Supp. No. 57, 11-21)
Page 1 of 44
Title 13
PUBLIC WATER AND SEWER UTILITIES
Chapters:
13.01 Purpose
13.02 Relationship to Comprehensive Plan; Plans/Standards Adopted
13.03 Water
13.04 Sewer
13.19 Cross Connection Control Ordinance
13.32 Latecomers agreements for Utility facilities
13.33 Minimum levels of service for residential recycling collection
Chapter 13.01 PURPOSE
Title 13 establishes regulations for water and sewer systems owned and/or operated by the county.
Chapter 13.02 RELATIONSHIP TO COMPREHENSIVE PLAN; PLANS/STANDARDS
ADOPTED
Sections:
13.02.010 Consistency with The Comprehensive Plan and Growth Management Act
13.02.020 Plans Adopted
13.02.030 Standard Specifications Adopted
13.02.010 Consistency with The Comprehensive Plan and Growth Management Act
Provisions in this Chapter are to be consistent with and implement the Mason County Comprehensive Plan.
13.02.020 Plans Adopted
The following plans, as updated and amended, have been prepared in accordance with applicable state and federal
law and are hereby adopted:
1. North Bay/Case Inlet Wastewater Facility Plan
2. Belfair/Lower Hood Canal Water Reclamation Facility Plan
3. Beard’s Cove Water System Plan
4. Beard’s Cove Water System Emergency Response Plan
5. Rustlewood Water System Plan
6. Rustlewood Water System Emergency Response Plan
13.02.030 Standard Specifications Adopted
The following current versions of standard specifications as amended, are hereby adopted by reference:
1. WSDOT/APWA Standard Specifications for Road, Bridge, and Municipal Construction.
2. Mason County Sewer Design and Construction Standards.
ATTACHMENT C
Title 13 - UTILITIES
Mason County, Washington, Code of Ordinances Created: 2021-12-29 14:27:44 [EST]
(Supp. No. 57, 11-21)
Page 2 of 44
3. Applicable AWWA Standard Specifications.
4. Mason County Road Standards.
Chapter 13.03 PUBLIC WATER SYSTEMS
Sections:
13.03.010 Purpose
13.03.020 Permits and Capital Facility Fees
13.03.030 Water service fees
13.03.040 Shop rate
13.03.060 Billing-Charges due
13.03.070 Delinquent charges and liens
13.03.080 Billings- to whom mailed
13.03.090 Violations and penalties of water systems
13.03.010 Purpose
A. Purpose. The purpose of this chapter is to establish a public water system code for the Rustlewood
Community and the Beards Cove Communities. It is the intent and purpose of the board of county
commissioners that public water systems under its responsibility be constructed and maintained in
accordance with uniform standards.
B. Uniformity. The construction of public water systems shall be in accordance with any applicable water
system 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. If 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.
13.03.020 Permits and Capital Facility Fees
At the time of application for a building permit, or if an applicant wishes to connect to the water system, the
applicant shall apply for a water connection permit and shall pay to the county a permit fee as set forth below
together with connection charges and/or other charges, if any, required by this chapter. If the building permit is
not issued, the permit fee and connection charges shall be refunded. The permit shall be in effect for one year and
may be extended for an additional year with written approval of the director of utilities and waste management.
After two years the applicant may apply for an additional extension but must remit additional fees, if any, equal to
the difference of the original permit fee and the current permit fee. Permit fees shall be as follows:
For each water/sewer connection made to the system service line, at the property boundary line:
Water: Amount to be reviewed and approved by the Board of County Commissioners on an annual basis.
There will be no credits towards connection to the system and the following conditions shall apply:
(a) Mason County Department of Utilities/Waste Management personnel shall inspect the service line
before the work is back-filled.
(b) A full way water valve controlling all outlets shall be installed by the owner at the structure service line
and be readily accessible to Mason County and the owner.
(c) All service connections to the system shall be connected with a three-quarter-inch valve and water
service meter which shall be provided by Mason County.
(d) All service connections to the system shall comply with all components of the cross-connection control
plan.
ATTACHMENT C
Title 13 - UTILITIES
Mason County, Washington, Code of Ordinances Created: 2021-12-29 14:27:44 [EST]
(Supp. No. 57, 11-21)
Page 3 of 44
13.03.030 Water Service Fees
The monthly fees for water service will be reviewed and approved on an annual basis by the Board of County
Commissioners. The County shall charge water services based on metered consumption.
13.03.040 Shop rate.
The department of utilities and waste management shall establish a rate of seventy-five dollars per hour for
each operator required to make system repairs as a result of the negligence of others.
(Res. No. 05-09, § 1.05, 1-13-2009)
13.03.060 Billing—Charges due.
Billings shall be mailed prior to the tenth day of every month. Water and sewer charges shall be due and
payable by the last day of the monthly billing period.
(Res. 58-03 § 2.01, 2003).
(Res. No. 05-09, § 2.01, 1-13-2009)
13.03.070 Delinquent charges and liens.
When sewer and/or water 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 may be turned off by the county. In the event a
service is disconnected for non-payment, the total bill plus a reconnect charge of fifty dollars must be paid before
service is restored. An additional fee of thirty-three dollars per month for water will be charged during the
disconnected period. All delinquent charges shall be subject to an eight percent interest per annum.
All delinquent charges and penalties added thereto shall be a lien against the property. Delinquent charges
shall be certified to the county treasurer whenever said charges have been delinquent for a period of sixty days
and the county may file a lien. Upon the expiration of sixty days after the attachment of the lien, the county may
bring suit in foreclosure by civil action in the Superior Court of Mason County. In addition to the costs and
disbursements provided by state, the court may allow the county reasonable costs and attorney's fees. The lien
shall be foreclosed in the same manner as the foreclosure of real property tax liens (RCW 36.94.150).
(Res. 58-03 § 2.02, 2003).
(Res. No. 05-09, § 2.02, 1-13-2009)
13.03.080 Billings—To whom mailed.
Billings shall be mailed to the owner of the property receiving service or his/her agent. Failure to receive such
bills shall not relieve any obligation to pay, or the property receiving such service, or capable of receiving such
service, from such lien that may be attached to the property in the manner provided by law. A fee of fifteen dollars
will be charged for any change in tenant, renter, ownership, billing address, etc.
(Res. 58-03 § 2.03, 2003).
(Res. No. 05-09, § 2.03, 1-13-2009)
13.03.090 Violation and penalties of water and sewer systems.
Any person or persons, firm or corporation who tampers or permits tampering with the water system shall
be deemed guilty of a misdemeanor and upon conviction thereof, shall be punishable by a fine not to exceed five
hundred dollars. Each separate day or any portion thereof, during which any violation continues, shall be deemed
to constitute a separate offense.
(Res. 58-03 § 2.04, 2003).
(Res. No. 05-09, § 2.04, 1-13-2009)
Created: 2021-12-29 14:27:42 [EST]
(Supp. No. 57, 11-21)
Page 4 of 44
Chapter 13.04 SEWERS
Sections:
13.04.010 Purpose
13.04.020 Definitions
13.04.030 Connection Required
13.04.040 Administration
13.04.050 Permits
13.04.060 Grinder pumps in designated low-pressure areas
13.04.070 Fees and Costs
13.04.080 ERU updates, capacity rental charges, strength charges
13.04.090 Billing
13.04.100 Unlawful use of public sewer system
13.04.110 Enforcement
13.04.120 Unlawful deposit of waste.
13.04.130 Unlawful discharge of storm and other waters into sewers.
13.04.140 Limitations on discharge locations.
13.04.150 Liability for damage.
13.04.160 Unlawful damage to sewer facilities.
13.04.170 Discharge of septic tank contents.
13.04.180 Failure to connect or repair building sewer.
13.04.190 Unlawful connections to or disturbances of public sewers.
13.04.200 Disconnection of building sewer.
13.04.210 Building sewer for each building—Exceptions.
13.04.220 Appeal process
13.04.230 Civil Liability to county
13.04.240 Continued violation- Penalty
13.04.250 Delinquent Charges
13.04.260 Lien for delinquent charges
13.04.270 Lien attachment
13.04.280 Lien Interest
13.04.290 Lien foreclosure.
13.04.300 Criminal penalty
13.04.010 Purpose
A. Purpose. The purpose of this chapter is to establish a sanitary sewage code for the Rustlewood Community,
Allyn Urban Growth Area and 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
Rustlewood Community, Allyn Urban Growth Area (UGA) and the Belfair Urban Growth Area (UGA) sewer
service area shall be through the construction and extension of permanent sanitary sewers and connection
of all septic systems and other on-site wastewater treatment 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.
Created: 2021-12-29 14:27:42 [EST]
(Supp. No. 57, 11-21)
Page 5 of 44
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.
(Res. No. 04-12, Exh. 1, 1-10-2012)
13.04.020 Definitions.
Words or phrases used herein shall have the following meanings:
"Approved" means approved by the "director" unless otherwise specified.
"ASTM" means American Society for Testing Materials.
"Beneficial use" means the use of reclaimed water or biosolids, which have been transported from the point
of production to the point of use without an intervening discharge to waters of the state, for a beneficial purpose.
"Benefited property" means property receiving or having the potential of receiving sanitary sewer service
from "public sewer facilities" built either by the "county" or for the "county" to provide service to a defined area.
"Blue card" means a card issued by the Mason County department of community development upon
acquisition of building permit and payment of connection fee. This card authorizes an owner to proceed with
connection to the water and/or sewer system.
"BOD" means (1) Abbreviation for biochemical oxygen demand. The quantity of oxygen used in the
biochemical oxidation of organic matter in a specified time, at a specified temperature, and under specified
conditions; (2) A standard test used in assessing wastewater strength. The test shall be completed in accordance
with the latest edition of Standard Methods.
"Building sewer" means that portion of the "sanitary sewer" connecting one or more structure(s) from the
"plumbing outlet" to the "public sewer facilities." The "building sewer" including that portion called the "side
sewer stub" is constructed in accordance with "county" approved standards and is not part of the "county" "public
sewer facilities." "Building sewers" shall be maintained by the property owner. Where grinder pump units are
installed, the "county" shall maintain the pumping unit and the small diameter force main connecting to the
"collection system."
"Certified" means written, formal communication attesting as being true as represented or as meeting a
standard and guaranteed by signature.
"Code" means the North Bay - Case Inlet (Mason County) Sanitary Sewer Utility Administrative Code.
"Collection system" means a system of gravity sanitary sewer lines, eight-inch or larger diameters, low
pressure pipelines, two-inch to six-inch in diameter, manholes, cleanouts, and appurtenances, whose primary
function is to collect sanitary sewage from individual side sewers and small diameter force mains and transport
this sewage to trunk, interceptor, and/or force main pipelines.
"Commercial facilities or units" means all facilities generating "wastewater" not herein defined as "residential
facilities."
"Connection charges" means charges assessed by the "county" against a property owner for connection to
"public sewer facilities" owned by the "county."
"County" means Mason County, Washington.
"Customer" means the legal owner of property or premises served by the county's sewer utility through and
by the department, or that person's agent or tenant and shall include anyone who has put service in his/her own
name under the provisions of this administrative code.
"Department" means the Mason County department of utilities and waste management.
"Developer" means any person, or the heirs, successors, or assigns of such person, who owns and/or
proposes or intends to develop any parcel of real property wherein there is located or is to be located any building
or structure.
"Director" means the director of the department of utilities and waste management.
"Domestic wastewater facilities" means all facilities generating "wastewater" principally from "residential
facilities or units."
"Duplex/triplex" means a two-family, or three-family dwelling consisting of a detached building containing
two or three complete living units sharing a common wall or floor with not more than three kitchens, designated
Created: 2021-12-29 14:27:42 [EST]
(Supp. No. 57, 11-21)
Page 6 of 44
and/or used to house not more than three families living independently of each other and including all necessary
household functions of each such family.
"Easement" means a legally binding agreement entitling the "county" to construct, repair and/or connect
sewer facilities located within defined limits 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.
"Effluent" means wastewater that has been treated to remove wastes and is discharged from treatment
facilities.
"Equivalent Residential Units (ERU)" 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.
"Garbage" means the animal, vegetable, and other waste resulting from the handling, preparation, cooking
and serving of foods. It is composed largely of putrescible organic matter and its natural moisture content.
"General" means that 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
Environment Federation.
"Governmental entity" means the organization or agency through which a separate and independent political
body exercises authority including but not limited to, cities, towns, water and sewer districts and other municipal
corporations.
"Grease" means fat oils, waxes and other related constituents found in wastewater.
"Grinder pump" means the pump, wet well, alarm, panel, valve vault, and appurtenances located on private
property for the purpose of grinding and transporting wastewater into the collection system.
"Legal owner" means the owner of record as shown by the records of Mason County (see also "customer").
"Mason County board of commissioners" means those duly elected individuals serving as the legislative body
of Mason County. Also referred to herein as the board.
"Multifamily dwelling" means a building, other than condominiums or town houses, designed and/or used to
house four or more families living independently of each other in separate living quarters that share common
walls, floors and/or ceilings and including all necessary household functions of each such family.
"Mutual maintenance agreement and easement" means a legally binding agreement between two or more
"owners" for the purpose of connecting two or more structures to a single "building sewer" located on private
property and specifying for the mutual maintenance of the single "building sewer" by such property owners.
"Natural outlet" means any outlet into a "watercourse," pond, ditch, lake or other body of surface or ground
water.
"Natural watercourse" means a surface or underground "watercourse" created by natural conditions.
"Owner" means the lawful and legal owner of a lot or parcel of land (delineated by parcel number) under
single ownership also noted on county property rolls as the taxpayer.
"Permit" means written authorization from the "director" granting the "owner" or his/her duly authorized
representative 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.
"Person" means any agency, agent, authority, board, church, club, committee, commune, cooperative,
department, district, government, group, guardian, league, office, order, party, school, task force, trustee
individual, family, partnership, firm, company, association, society, corporation, or other entity.
"Plumbing outlet" means 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 inches from the outer face of the outside building wall.
"Premises" means a continuous tract of land, building or group of adjacent buildings under single ownership
or control with respect to sewer service and responsibility for payment therefor.
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(Supp. No. 57, 11-21)
Page 7 of 44
"Pretreatment" means the reduction of the amount or pollutant, the elimination of pollutants, or the
alteration of the nature of pollutant properties in wastewater before discharge to the "public sewer facilities."
"Private sewer facilities" means any sanitary sewer facility including "building sewers" and "side sewer
stubs," constructed within the limits of privately owned property, 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 a public right-of-way or perpetual "easement" owned by Mason County, shall be operated and
maintained by the private property owner.
"Properly shredded garbage" means garbage which has been shredded to such degree that all particles will
be carried freely under the flow conditions normally prevailing in public sewer facilities, with no particle greater
than one-quarter inch in any dimension.
"Public sewer facilities" means any "sanitary sewer" constructed within a public right-of-way, perpetual
"easement" dedicated to the "county," or on property owned by the "county," including but not limited to, water
reclamation facilities, structures, collection lines, trunk sewers, interceptor sewers, lateral sewers, side sewer tees,
pump stations, force mains, and appurtenances. "Public sewer facilities" are operated and maintained by the
"county." "Building sewers" and "side sewer stubs" as defined herein, are not "public sewer facilities" and are
operated and maintained by the "owner." Grinder pump stations from the four-inch or six-inch "building sewer,"
small diameter force mains and appurtenances are maintained by the county.
"Purchaser" means 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.
"Reclaimed water" means effluent derived in any part from sewage from a wastewater treatment system
that has been adequately and reliably treated, so that as a result of that treatment, it is suitable for a beneficial use
or a controlled use that would not otherwise occur and it is no longer considered wastewater.
"Registered building sewer contractor" means 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.
"Registered professional engineer" means an individual or corporation holding a currently valid license to
practice engineering in the state of Washington.
"Residential equivalent unit (R.E.)" means (1) Any residential or nonresidential use which has been
reasonably found by the director to place a demand on the county's sewerage system approximately equal to the
demand from a single family dwelling; (2) That service unit which, for purposes of sewerage service measurement,
is not greater than two hundred eighteen gallons per day (GPD), having a waste strength of not greater than two
hundred eighty-two milligrams per liter of BOD and not greater than two hundred eighty-two milligrams per liter
of suspended solids (SS).
"Residential facilities or units" means a structure or portion of a structure capable of human habitation,
including, but not limited to, private houses; each unit of a duplex, triplex, fourplex, apartment building,
condominium, or townhouse; or a mobile home.
"Right-of-entry" means a legally binding agreement entitling the county to construct, operate, and maintain
sewer facilities located on private property.
"Sanitary sewage" means the same as "wastewater."
"Sanitary sewer" means those sewers used to collect and transport only domestic or commercial water borne
wastes permitted to be discharged by this code.
"Septic tank" means 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.
"Service area" means those areas eligible for sewer service or extension of sewer service as defined by: The
Belfair UGA, the Rustlewood development and the Allyn UGA and The North Bay - Case Inlet wastewater facility
plan.
"Service lateral" means the small diameter piping, typically one and one-quarter inch for a grinder pump
installation or typically 4” or 6” if it is a gravity connection, extending from either the grinder pump unit to the
valve box and collection system or extending from the building to the collection system.
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"Sewage" means the term now being replaced in technical usage by the preferable term of "wastewater,"
and for the purpose of this code shall be considered synonymous.
"Sewer facility plan" means a plan that identifies the system of sewerage facilities required to convey and
treat "sanitary sewage" in the "county" and has been approved by the Department of Ecology. The "sewer facility
plan" shall include location and description of disposal facilities, trunk and interceptor sewers, pumping and
monitoring stations, control and treatment facilities, if appropriate. It shall also include preliminary engineering to
ensure the feasibility of any future proposed structures which are proposed as part of the plan. The preliminary
engineering for the "sewer facility plan" shall include all criteria necessary to establish sizing of the sewerage
facilities identified in the plan.
"Sewer line extension" means (1) the construction, upgrading, and/or extension of existing sewer facilities
located in public rights-of-way or "easements" conveyed to the "county," or (2) the construction, upgrading,
and/or extension of existing sewer facilities located on private property serving two or more structures or
exceeding a length of four hundred feet, or (3) "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 feet in length serving one "single family dwelling" are exempt from this definition.
"Shall" or "May" means "shall" is mandatory, "may" is permissive.
"Side sewer stub" means 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" for gravity service shall be
considered part of the "building sewer" and shall be maintained by the "owner."
"Side sewer tee" means the point at which the "side sewer stub" joins the "public sewer facilities."
"Single family dwelling" means a 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, and individual
units within condominiums or townhouses.
"Standard Water Consumption" means the amount of annual water consumption defined as one ERU. The
standard water consumption shall mean two hundred gallons per day, equivalent to nine thousand seven hundred
fifty-nine cubic feet of water per year.
"Storm drain" means those drainage pipes which are designated to carry surface water runoff and other such
storm waters as are not permitted to be disposed of through the "sanitary sewer system," in accordance with the
provisions of this code.
"Street use permit" means any permit required by any public agency authorizing the customer or his agent to
perform work within public rights-of-way.
"Structure" means anything constructed, erected or placed, the use of which requires location or attachment
to something having location on the ground, and shall in addition, include but not be limited to, trailers, mobile
homes and house trailers, but shall not include fences and retaining walls.
"Suspended solids (SS)" means solids that either float on the surface of, or are in suspension in, water,
"wastewater," or other liquids, and which are largely removable by laboratory filtering.
"Unpolluted water" means water in its natural state, or water which, after use for any purpose, is not
substantially changed as to chemical or biochemical qualities.
"UPC" means Uniform Plumbing Code.
"Utility local improvement district (ULID)" means a special district (geographic area) established by the
"county" or a vote by the property owner of the "benefited properties" under provisions of the Revised Code of
Washington for the purpose of providing "wastewater" facility improvements and assessing all properties
benefiting from those "wastewater" facility improvements for all or a portion of the cost of those improvements.
"Wastewater" means a combination of liquid and water-carried wastes from domestic, commercial or
industrial facilities together with other waters which may inadvertently enter the system.
"Wastewater facilities" means the structures, equipment, and processes required to collect, transport, and
treat domestic and commercial wastes, and dispose of the "effluent" and waste by-products including "public" and
"private sewer facilities."
"Wastewater treatment plant" means the arrangements of devices and structures used for treating the
"wastewater" collected by the "county."
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"Water reclamation facility" means the arrangement of devices, structures, and ponds used for treating
"wastewater" according to the standards delineated under RCW 90.46 (Reclaimed Water).
"Watercourse" means (1) a natural or artificial channel for passage of water; (2) a running stream of water;
(3) 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.
(Res. No. 04-12, Exh. 1, 1-10-2012)
13.04.030 Connection required
A. New Development Must Connect. Pursuant to Mason County Ordinance No. 46-17 and Section 17.03.030.
All new development located within the Belfair and Allyn UGA on property within 200 feet from where the
existing building drain connects to the existing building sewer, or where no building drain exists, within 200
feet from where the sewer line begins, as measured along the usual or most feasible route of access.
B. Existing Structures or Buildings Must Connect. Pursuant to Mason County Ordinance No. 46-17 and Section
17.03.030, all existing development located within the Belfair UGA on property within 200 feet from where
the existing building drain connects to the existing building sewer, or where no building drain exists, within
200 feet from where the sewer line begins, as measured along the usual or most feasible route of access.
Such connection shall be consistent with Section 17.03.030 and shall occur if: (a) the structure is served by or
has historically been served by a septic system or other on-site wastewater disposal system; (b) it receives
water service or relies on well water for non-irrigation purposes; or (c) it generates stormwater that fails to
meet state standards for stormwater quality. If any provisions of this subsection conflict with Section
17.03.030, then the most restrictive provisions shall apply.
C. 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.
D. Utility Extension: Properties that are electing/required to connect to the County’s sanitary sewer system shall
extend the sanitary sewer main to and through the extremes of the property being connected for future
development as determined by the County.
E. Disconnection of Septic System or Other On-Site Wastewater Treatment System. All property owners that
connect to the public sewer system shall disconnect and decommission their septic systems or other on-site
wastewater treatment systems at the time of connection to the public sewer facilities in a manner consistent
with all applicable laws, rules and regulations.
(Res. No. 04-12, Exh. 1, 1-10-2012; Res. No. 39-12, 5-8-2012)
13.04.040 Administration.
A. Administering Department. The department of Public Works/Utilities and Waste Management has been
established as a department within the government of the county. The department is under the
management of the director. The department has the responsibility for the construction, maintenance and
operation of the public sewer facilities, which are owned by the county, serving the Allyn Urban Growth
Area, the Belfair Urban Growth Area and the Rustlewood Community.
B. Authority. The department shall construct, operate and maintain the public sewer system facilities servicing
the Belfair and Allyn 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 Rustlewood
Wastewater Treatment Plant and sewer system, the North Bay-Case Inlet Wastewater Treatment Plant and
sewer system and the Belfair Wastewater and Water Reclamation facilities and sewer system shall be
charged to such separate fund respectively.
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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 sewer
permit, as specified in Section 13.0431.050, 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, the department may apply for a search warrant to
accomplish the appropriate inspection. Regardless of whether a search warrant can be obtained, if 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 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.
(Res. No. 04-12, Exh. 1, 1-10-2012)
13.04.050 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 single-family residential
service; and (b) for multifamily or nonresidential service. In either case, the property owner or his/her agent
shall make application on a form 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 fees shall be paid to the county at the time the application is filed. Upon
acquisition of the building sewer permit and payment of the connection fee, the owner shall receive a "blue
card" authorizing construction and connection.
C. Building Sewer Permit—Term. A building sewer permit is valid for twelve months from the date of issuance.
The building sewer permit may be extended an additional twelve months at the discretion of the director. If
after twenty-four months, the building 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 an exception. If a building sewer permit is cancelled
by the owner, the permit fee shall not be refunded but forfeited. In addition, the owner shall pay the
difference between the originally paid CFC and the CFC in effect at the time the new building sewer permit
fee is obtained.
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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 Utilities and
Waste Management.
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 13.0431.020 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. Building sewer permits shall not be transferable. No person shall lay any pipe pursuant to any other
person's or contractor's permit.
5. A permit 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 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 nonoperational 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.
(Res. No. 04-12, Exh. 1, 1-10-2012)
13.04.060 Grinder pumps in designated low-pressure sewer areas.
A. Low-Pressure Sewer Installations in Designated Areas. The sewer system has been designed for properties in
designated areas to be served by low-pressure sewers for the convenience and economy of the overall
system. Because of this design, properties in these areas are required to have a grinder pump in order to
pump sewage from the property to the sewer mains. The department will notify property owners if their
properties are in a designated low-pressure sewer area and are required to have a grinder pump for the
convenience and economy of the overall system.
B. Responsibility for Grinder Pumps. The provisions in this section shall apply only to properties in designated
low-pressure sewer areas for which grinder pumps are required for the convenience and economy of the
overall system. A summary of this division of responsibilities is shown in Figure A (below).
1. For Single-Family Residential Structures: The property owner shall be responsible for acquiring and
installing an approved grinder pump with the appropriate electrical circuit, subject to the inspection
and approval of the county. The county will maintain the pump as part of the overall system.
Appropriate grinder pumps may be purchased from the county by the property owner.
2. For Multifamily or Commercial Structures, The property owner shall be responsible for providing,
installing, and maintaining an approved grinder pump with the appropriate electrical circuit, subject to
the inspection and approval of the county.
3. In All Cases: Property owners shall be responsible for the cost of electricity serving the grinder pump.
Property owners shall also provide the county with right-of-entry documents for any properties served
with a grinder pump to allow the county to properly inspect and (when applicable) maintain the
pump.
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Figure A: Division of Responsibilities for Grinder Pumps in Designated Low-Pressure Sewer Areas
New Development
Single-Family Multifamily or
Commercial
Who pays for the
pump?
Property owner Property owner
Who pays for the
installation?
Property owner Property owner
Who arranges for the
installation?
Property owner Property owner
Who pays for the
dedicated circuit for
the pump?
Property owner Property owner
Who maintains the
pump?
County Property owner
Who pays for the
maintenance of the
pump?
County Property owner
Who pays for the
electricity to operate
the pump?
Property owner Property owner
Outside of designated low-pressure sewer areas, the property owner pays all costs associated with any grinder
pumps.
(Res. No. 04-12, Exh. 1, 1-10-2012)
13.04.070 Fees and Costs
A. Permit Fees and Costs.
1. At the time of application for a building sewer permit, or if an applicant seeks to connect to the sewer
system, the applicant shall apply for a building sewer permit (blue card) and shall pay to the county a
permit fee 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.
a. For single-family residential structures, the building sewer permit fee shall be one hundred fifty
dollars.
b. For multifamily or commercial structures, the building sewer permit fee shall be seventy-five
dollars per hour of staff time plus the out-of-pocket costs incurred by the department in
reviewing, inspecting, and meeting about the permit application. The minimum fee is one
hundred fifty dollars, which must be paid at the time of application. After the actual amount of
the fee is determined, the additional charge must be paid before the permit is issued.
2. A sewer design review fee shall be charged for design review services provided by department staff when
an application is submitted for a large subdivision, short subdivision, or boundary line adjustment. The
sewer design review fee shall be seventy-five dollars per hour of staff time plus the out-of-pocket costs
incurred by the department in reviewing, inspecting, and meeting about the application. The minimum
fee is one hundred fifty dollars, which must be paid at the time of application. After the actual amount of
the fee is determined, the additional charge must be paid before the subdivision or boundary line
adjustment is approved.
3. Except as provided in Section 13.04.051, grinder pumps in designated low-pressure sewer areas, all costs
and expenses incidental to the installation and connection to the sanitary sewer system whether it be
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gravity or grinder pump connection, shall be borne by the property owner, including costs associated with
decommissioning the existing septic tank or other on-site wastewater treatment system.
4. If sewer service by grinder pump is not required by the county, but desirable for the convenience and
economy of the property owner, and if it is allowed by the director, the property owner shall either
purchase a grinder pump approved by the county or purchase the pump directly from the county. If the
pump is purchased from the county, the cost to the owner shall be the actual costs paid by the county for
the grinder pump, including tax. The owner shall be responsible for the cost of installing and maintaining
the pump and for the cost of electrical power to serve the pump. Owners shall be required to provide
right-of-entry documents for any properties served with a grinder pump.
5. If department personnel or resources are required to repair or assist in the repair of a grinder pump
whose maintenance is not the responsibility of the county, the department shall charge the property
owner seventy-five dollars per hour of staff time plus out-of-pocket costs. If a pump whose maintenance
is the responsibility of the county is damaged due to the actions or negligence of the property owner, the
property owner shall reimburse the department for all repair or replacement costs, including seventy-five
dollars per hour for applicable employee time.
6. A reinspection fee of seventy-five dollars per additional visit shall be charged when more than one
inspection is required for the county to determine if the property is properly connected to the public
sewer system, and if the septic system or other on-site wastewater treatment facilities have been
properly disconnected.
B. Capital Facilities Charge (CFC)—Intent. Consistent with RCW 36.94.140, and subject to the exceptions
stated in this section, the intent of the capital facilities charge 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. Capital Facilities Charge Required. A capital facilities charge shall be paid to the county before any structure
is connected to public sewer facilities. No building sewer permit shall be issued prior to the application for a
building permit. No building permit shall be issued until all capital facilities charges have been paid in full,
except as otherwise provided in this chapter. The capital facilities charge per ERU for a given parcel shall be
the amounts set forth in Sections 13.04.060G. and 13.04.060H.
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 two hundred gallons per day, equivalent to
seven thousand five hundred sixty-four cubic feet of water per year.
2. Subject to the exceptions stated in this section, each freestanding single-family residential structure shall
be charged one ERU for sewer service.
3. Subject to the exceptions stated in this section, if more than one freestanding single-family residential
structure is located on one tax parcel, each structure shall count as one ERU.
4. Multifamily uses are defined as two or more dwelling units in one structure. The number of ERUs for a
multifamily structure shall be defined as the number of dwelling units multiplied by 1.0.
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 residential structure depends on a primary residence for access to bathroom and/or
kitchen plumbing fixtures, the director or his designee shall consider the ancillary structure to be part of
the primary residence for the purpose of determining ERUs.
7. Where a single-family structure of four hundred square feet or less (exterior dimensions) is located on a
parcel with another residential or commercial structure, the single-family structure of four hundred
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square feet or less shall be counted as a multifamily 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 multifamily dwelling units. If the manufactured housing community as a whole
becomes delinquent, as defined by Section 13.31.090C., 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 ERU for each sewered structure.
Where a given commercial structure has multiple leasable tenant spaces with separate plumbing
fixtures, the minimum number of ERUs shall be one ERU for each leasable tenant space.
2. For a multiple-tenant commercial structure in which all leasable tenant spaces 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 leasable tenant spaces. For a
multiple-tenant commercial structure in which some leasable tenant spaces have separate plumbing
fixtures and others rely entirely on shared plumbing fixtures, the minimum number of ERUs is defined
as the number of leasable tenant spaces with any separate plumbing fixtures, plus 0.5 multiplied by the
number of leasable tenant spaces 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 standard water consumption for single-family residential accounts,
rounded off to the nearest one-tenth of an ERU.
4. If actual monthly water consumption for a commercial account is not available, the number of ERUs for a
commercial account shall be based on the type and scale of business(es) occupying the parcel, applying
the categories shown in Figure B (below). The estimates in Figure B (below) may be updated as necessary
by the director 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. If Figure B is updated, the updated version will be published on the
county Web site.
5. When the categories in Figure B (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 leasable tenant
space, the number of ERUs shall be the sum of the estimated ERUs for each leasable tenant space within
each sewered structure. Commercial leasable tenant spaces relying entirely on shared plumbing fixtures
shall be calculated as 0.5 times the number of ERUs shown in Figure B (below), with the total for the
entire account rounded off to the nearest one-tenth 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 determined from the total water consumption for the entire parcel
minus the number of residential ERUs.
7. If a commercial account relies on a well for drinking water in place of being connected to a water system,
the categories in Figure B (below) shall be used to estimate its ERUs. If a commercial account relies partly
on a well and partly on the water system, metered water consumption shall be the basis of the ERU
calculation for those structures connected to the water system, and there shall be additional ERUs
calculated for structures receiving drinking water from a well, using Figure B (below). If a well is used only
for irrigation water, no ERUs will be assigned to water from that well.
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8. Tentative ERUs. If water conservation improvements have been made to an existing structure that are
expected to reduce its impact on the sewer system, but there has not been enough time to demonstrate
the amount of the reduction, the director may assign a tentative ERU figure based on estimated water
use, provided that the property owner agrees to provide actual water consumption data for a long
enough period to establish a final ERU figure. Tentative ERUs may also be used for new development in
cases where, in the director's judgment, there is substantial uncertainty about the impact that a given
proposed development will have on the sewer system. The tentative ERU assignment shall be replaced by
a final ERU assignment as soon as there is a full year of valid water consumption data with the structure at
full occupancy. If the actual water consumption is greater than the level implied by the tentative ERU
figure, the property shall be charged the difference in both CFC and monthly sewer charges, dating back
to the month when the tentative ERU figure was first used, plus interest accrued at five percent per year.
If the actual water consumption is less than the level implied by the tentative ERU figure, the property
shall be refunded the difference in both CFC and monthly sewer charges, dating back to the month when
the tentative ERU figure was first used, plus interest accrued at five percent per year.
9. Changes in tenancy. If a commercial leasable tenant space becomes vacant, or its occupancy changes to a
new tenant, the property owner shall notify the department of the change within thirty days of the
change. This notification shall use a form to be determined by the department and shall include payment
of the ten dollar fee described in Section 13.31.090D. The notification shall contain sufficient information
about the new tenant for the department to determine the ERUs applicable to the account, using Figure B
(below). If the change in tenancy results in a changed ERU for the account, the change in monthly sewer
charges shall take effect with the next monthly bill. Vacant tenant spaces shall be counted at the
minimum ERU. If a property owner fails to notify the department within thirty days of a change in tenancy
that has the effect of increasing the ERUs for the account, the property owner shall be responsible for a
one hundred fifty dollar penalty, plus the difference in monthly sewer charges dating to the change in
tenancy, plus five percent interest per year on the outstanding difference in monthly sewer charges.
F. Figure B—Commercial ERUs by Property Use (to be used only when water usage data is not available):
Figure B—Commercial ERUs by Property Use
Type of Use ERU Assumption if Water Usage Data is Not Available
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
Espresso drive-through 1 ERU
Hotel 100 gallons per day (gpd) per room (restaurant or banquet facilities are counted
separately)
Large office 2 ERUs
Small office 1 ERU
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
Small retail 1 ERU
General retail 100 gpd per 1,000 square feet
Grocery store (with
deli/meat/produce)
100 gpd per 1,000 square feet
Salon 1 ERU plus 25 gpd
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Laundromat 1 ERU per washer
Day care 10 gpd per person
Animal grooming 30 gpd per person, add 50 gpd per tub/stall
Animal boarding 30 gpd per person, add 5 gpd per stall
Sources:
Washington Department of Health, Criteria for Sewer Works Design
King County Metro Equivalencies
Clark County Washington, Commercial Flow Calculation
California EPA, Wastewater Treatment Facilities Construction Revenue Program Guidelines
New York State, Design Standard for Wastewater Treatment Works
All ERU calculations are rounded off to the nearest one-tenth of an ERU. The rounding applies to the total account,
not to individual tenant spaces or structures within a given account.
G. Capital Facilities Charges. The county shall charge a one-time CFC an amount that is reviewed and approved
by the Board of County Commissioners on an annual basis.
H. Monthly Sewer Charge. The county shall charge all parcels connected to the public sewer facilities a monthly
sewer charge: Monthly service charge rate will be reviewed and approved by the Board of County
Commissioners on an annual basis. The county shall bill the monthly sewer charge in the manner set forth in
Section 13.04.090, billing.
(Res. No. 04-12, Exh. 1, 1-10-2012; Ord. No. 119-19, 12-3-2019)
(Res. No. 04-12, Exh. 1, 1-10-2012)
13.04.080 ERU updates, capacity rental 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 Section 13.04.060F.—Figure B, 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) Section 13.04.060F.—Figure B.
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 Rental 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 may calculate an additional monthly charge equivalent to a CFC on the incremental ERUs.
This additional monthly charge shall be referred to as a "capacity rental charge."
2. Property owners may at any time elect to buy additional ERUs of capacity rights (thus foregoing the
capacity rental 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 "rebasing 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 rebasing factor will be the old standard water
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consumption divided by the new standard water consumption. For the purpose of implementing the
capacity rental 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. Except as provided in Section 13.03.060E.8., tentative ERUs, 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 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 address 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 C (below). Residential accounts are estimated
to have between one hundred seventy-five and two hundred fifty 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 five hundred ppm for both BOD and TSS. "High strength" shall mean a concentration of either BOD
or TSS that is more than five hundred ppm for either BOD or TSS.
2. After the department develops standard best management practices for minimizing fats, oils, and
greases (FOG) and other components of high-strength sewage, commercial parcels that deliver high-
strength sewage shall be charged a "strength charge." The strength charge shall consist of twenty-five
percent of the regular monthly sewer charge based on the number of ERUs of flow. The strength
charge is intended to recover the additional system capacity and operating costs created by above-
average concentrations of BOD and TSS.
3. Businesses that give satisfactory ongoing evidence of compliance with the best management practices
specified by the utility will be exempt from the strength charge.
4. If a parcel has multiple leasable tenant spaces, and some of the tenants are high strength, the strength
charge shall be prorated in proportion to the number of ERUs estimated for each leasable tenant
space. The sewer bill shall identify the strength charge and high-strength ERUs separately.
5. 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
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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.
6. 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 twelve months.
E. Figure C—Strength Categories by Property Use:
Figure C—Strength Categories by Property Use
Type of Use BOD (ppm) TSS (ppm) Strength
Category
Residential (varies with average water usage per capita) 175—250 175—250 Domestic
Auto steam cleaning 1,150 1,250 High
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 store with garbage grinders 800 800 High
Mortuary 800 800 High
Professional office 130 80 Domestic
Repair shop and service station 180 280 Domestic
Restaurant 1,000 600 High
School or college 130 100 Domestic
Definitions:
BOD: Biological Oxygen Demand.
TSS: Total Suspended Solids.
Ppm: parts per million.
Domestic strength: Both BOD and TSS ≤ 500 ppm.
High strength: Either BOD or TSS > 500 ppm.
Source of BOD and TSS estimates by type of business:
California EPA, Wastewater Treatment Facilities Construction Revenue Program Guidelines
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(Res. No. 04-12, Exh. 1, 1-10-2012)
13.04.090 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, service address, tenant, or structure,
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 the director or his designee
may treat the commonly owned parcels as one sewer account.
B. Timing of Billing. Billings shall be mailed prior to the tenth day of the month for which the monthly sewer
charge applies. With new connections, the timing of the initial monthly sewer charges depends on the date
of connection. If the property has been physically connected to the public sewer system as of the day the
sewer bills are mailed, it shall be charged for the entire month. If the property is connected after the day the
sewer bills are mailed, it shall not be charged until the following month.
C. Delinquent Charges and Liens. Delinquent charges and liens shall be defined and collected in the manner set
forth in 13.04.110, Enforcement.
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 any 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. Monthly sewer charges shall be due and payable by the last day of the month for
which the bill is mailed.
F. Seasonal Disconnections Prohibited. Seasonal disconnections are prohibited. If a property disconnects its
sewer service, then in order to be reconnected to public sewer facilities, the property owner shall pay the
then-current CFC per Section 13.04.060G. 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) monthly sewer
charges, including strength charges, capacity rental charges, and late penalties; (2) interest on the
outstanding county sewer hook-up program debt; and (3) outstanding principal from the county sewer hook-
up program.
(Res. No. 04-12, Exh. 1, 1-10-2012)
13.04.100 Unlawful use of public sewer system.
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 the Belfair UGA, the
Rustlewood community and the North Bay - Case Inlet service area where sewers are available except as permitted
by this chapter. This does not include portable privies or other temporary wastewater disposal systems, such as
those used at construction sites.
(Res. 144-99 Art. VIII, § 8.01, 1999).
13.04.110 Enforcement.
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.
(Res. 144-99 Art. IX, § 9.01, 1999).
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13.04.120 Unlawful deposit of waste.
(a) It is 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.
(b) 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.
(c) No person shall discharge or cause to be discharged to any of the wastewater facilities any substances,
materials, or wastes in quantities or concentration that will cause corrosive damage or hazard to structures,
equipment, or personnel of the wastewater facilities, and in no case will discharges be allowed with a pH
lower than 5.0 or greater than 10.0.
(d) No person shall discharge or cause to be discharged to any of the wastewater facilities any substances,
materials, waters, or wastes that will contain more than one hundred milligrams per liter of
nonbiodegradable oils of mineral or petroleum origin or contain floatable oils, fats or grease.
(Res. 144-99 Art. VIII, § 8.02, 1999).
13.04.130 Unlawful discharge of storm and other waters into sewers.
No person shall discharge or cause to be discharged any storm drainage water, surface water, groundwater,
roof runoff, or subsurface drainage into the sanitary sewer system. Roof, foundation, areaway, parking lot,
roadway, or other surface runoff or groundwater drains shall discharge to natural outlets or storm sewers.
(Res. 144-99 Art. VIII, § 8.03, 1999).
13.04.140 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 such person or entity has paid all applicable charges
and fees and has met any other conditions required by this administrative code and the director.
(Res. 144-99 Art. VIII, § 8.04, 1999).
13.04.150 Liability for damage.
The customer shall be responsible for and pay for any damage to public sewer facilities belonging to the
department caused by any unauthorized use, carelessness or neglect by the customer.
(Res. 144-99 Art. VIII, § 8.05, 1999).
13.04.160 Unlawful damage to sewer facilities.
It is 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.
(Res. 144-99 Art. VIII, § 8.06, 1999).
13.04.170 Discharge of septic tank contents.
(a) It is 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.
(b) 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 such contents
shall be discharged into the county sewer system.
(c) No matter prohibited from sewers by this code shall be permitted to be discharged under this section.
(Res. 144-99 Art. VIII, § 8.07, 1999).
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13.04.180 Failure to connect or repair building sewer.
(a) 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. Such notice may be recorded by the director with the Mason County assessor.
(b) 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 such connections or repairs as prescribed in this code, the county
may upon authorization of the director make such connections or repairs for and at the total expense of the
owner provided the director takes the following steps:
(1) Notifies the owner that the connections or repairs are delinquent pursuant to the provisions of this
code and informs such owner that the county intends to make such connections or repairs itself; and
(2) Notifies the owner that the county shall charge such owner for all costs associated with such
connections or repairs including, but not limited to, all construction or repair costs and any other
applicable costs which would normally be incurred by such owner pursuant to the provisions of this
code; and
(3) Notifies the owner that any failure to reimburse the county for such 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 such unpaid cost plus interest and plus any applicable penalties.
(Res. 144-99 Art. VIII, § 8.08, 1999).
13.04.190 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.
(Res. 144-99 Art. VIII, § 8.09, 1999).
13.04.200 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.
(Res. 144-99 Art. VIII, § 8.10, 1999).
13.04.210 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.
All prohibited uses and unlawful acts relating to public sanitary sewers, as established by 13.04.100 Mason
County Sanitary Sewer Code, shall apply to this chapter, and said article is incorporated herein by reference.
(Res. No. 04-12, Exh. 1, 1-10-2012)
13.04.220 Appeal process.
The notice of violation issued by the department may be appealed to the Mason County Hearing Examiner in
accordance with title 15, development code, under section 15.10.010, "appeal of administrative determinations
and decisions" of the Mason County Code. The amount of the filing fee for an appeal shall be the amount shown
on the most current version of the department of community development's "fee schedule" for appeals to the
hearing examiner with said amount being payable at the time of filing of the appeal. The violation notice will not
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be enforced until the hearings examiner hears the appeal and renders their decision thereon. The decision of the
hearings examiner is final, and no appeal may be taken therefrom except as provided by law.
(Res. 144-99 Art. IX, § 9.02, 1999).
(Res. No. 66-14, att. A, 11-18-2014)
3.04.230 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.
(Res. 144-99 Art. IX, § 9.03, 1999).
13.04. 240 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 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.
(Res. 144-99 Art. IX, § 9.04, 1999).
13.04.250 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 shall be assessed a penalty of ten percent of the amount due (including
accrued interest).
(Res. 144-99 Art. IX, § 9.05, 1999).
13.04.260 Lien for delinquent charges.
In the event that any person, or commercial entity fails to pay any fee or charge as set forth in this code
within sixty days after the same is billed by the county, the unpaid balance plus interest at eight percent per
annum or such higher amount permitted by RCW 36.94.150 or any successor statute shall become and remain a
lien against the property in accordance with RCW 36.94.150.
(Res. 144-99 Art. IX, § 9.06, 1999).
13.04.270 Lien attachment.
The director shall certify periodically the delinquencies to the Mason County assessor/treasurer at which
time the lien shall attach.
(Res. 144-99 Art. IX, § 9.07, 1999).
13.04.280 Lien interest.
The lien shall be for all unpaid balance charges and interest at the current rate to be applied from the date
due until paid, and shall attach to the premises to which the services were furnished.
(Res. 144-99 Art. IX, § 9.08, 1999).
13.04.290 Lien foreclosure.
Upon the expiration of sixty 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).
(Res. 144-99 Art. IX, § 9.09, 1999).
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13.04.300 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 five hundred dollars
or by imprisonment in the Mason County jail not to exceed ninety 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.
Chapter 13.19 CROSS CONNECTION CONTROL ORDINANCE1
Sections:
13.019.010 Purpose
13.19.020 General
13.19.030 Definitions
13.19.040 Code authority and enforcement
13.19.050 General policy
13.19.060 Surveillance program
13.19.070 Corrective measures
13.19.080 Code
13.19.090 Procedures for installation, inspection, and maintenance of backflow prevention assemblies.
13.19.100 Records and reports
13.19.010 Purpose.
The purpose of a cross connection control program is to protect the health of water consumers and the
potability of the water system. This program is designed to maintain the quality of Mason County public water
supplies by the elimination and prevention of cross connections between the distribution system and other
sources of water or liquids used for other purposes. The policies and procedures presented in this program are
designed in compliance with WAC 246-290-490.
(Ord. No. 94-12, 12-4-2012)
13.19.020 General.
Except where specifically designated herein, all words used in this program shall carry their customary
meanings. Words used in the present tense shall include the future, and all plural words shall include the singular.
The word "shall" indicates a mandatory action, and the word "may" denotes a use of discretion in making a
decision.
(Ord. No. 94-12, 12-4-2012)
13.19.030 Definitions.
[The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to
them in this section, except where the context clearly indicates a different meaning:]
1Editor's note(s)—Ord. No. 94-12, adopted Dec. 4, 2012, amended ch. 13.19 in its entirety to read as herein set
out. Former ch. 13.19 pertained to similar subject matter and derived from Ord. 128-98, 1998.
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"Air gap separation (AG)" shall mean the unobstructed vertical distance through the free atmosphere
between the lowest opening from any pipe or faucet supplying water to a tank, plumbing fixture, or other
assembly, and the maximum flood level rim of the receptacle. This gap shall be at least double the diameter of the
supply pipe measured vertically above the flood rim of the vessel. In no case shall this gap be less than one inch.
"Approved backflow prevention assembly" shall mean any assembly to prevent backflow that has been
approved for use by the system manager and DOH. Approved assemblies shall be those that have successfully
passed performance tests of the University of Southern California Engineering Center or another approved testing
laboratory.
"Atmospheric vacuum breaker (AVB)" shall mean a backflow prevention assembly which is operated by
atmospheric pressure in combination with the force of gravity. The unit is so designed to work on a vertical plane
only. The moving part consists of a poppet valve, which must be carefully sized to slide in a guided chamber and
effectively shut off the reverse flow of water when a negative pressure exists in the supply system. An AVB is
designed to protect against back siphonage events only.
"Auxiliary supply" shall mean any water supply on or available to the premises other than the county public
water supply.
"Backflow" shall mean the flow, other than in the intended direction of flow, of any foreign liquids, gasses or
other substances (including water) into the distribution system of the public water supply.
"Backflow assembly tester" shall be a person certified by Washington State in the inspection and testing of
approved backflow prevention devices.
"Back pressure" shall mean any induced pressure caused by a pump, elevated tank, boiler, pressure vessel,
or any other means that could create pressure within a customer's system greater than the operating pressure of
the public water supply distribution system.
"Back siphonage" shall mean backflow of water due to a negative or reduced pressure within the water
system.
"Building inspector" shall be a building inspector of Mason County.
"County inspector" shall be that person or persons employed by the county that have been trained and are
qualified to perform the designated inspection work.
"Cross connection" shall mean any actual or potential connection whereby public water supply is connected
directly or indirectly, with any other water supply system, sewer, drain, conduit, pool, storage reservoir, plumbing
fixture or other assembly which contains, or may contain, contaminated water, sewage or other waste or liquid of
unknown or unsafe quality, which may be capable of imparting contamination to the public water supply system as
a result of backflow (reversed flow).
"Customer" shall mean any person, persons, firm or corporation that is furnished potable water from the
public water supply system through a legal service connection to the public water supply distribution system.
"Double check detector assembly (DCDA)" shall mean an assembly composed of two single, independently
acting, approved check valves, including resilient seated shut-off valves located at each end of the assembly and
properly located tests cocks to test the water tightness of each check valve. Double check valve assemblies are
designed to protect the water supply system from both back siphonage and back pressure events. They are not
suitable for use in protecting the water system from health threatening substances.
"Hazards:"
"Degree" shall express the results of an evaluation of a health, system, or plumbing hazard.
"Health" shall mean any condition, assembly, or practice in a water supply system and/or its operation that
creates, or may create, a danger to the health and well-being of a customer.
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"Plumbing" shall mean a potential or existing cross connection in a customer's water system that may permit
back siphonage in the event of a negative or reduced pressure in the supply line.
"System" shall mean a threat to the physical properties of the public or the customer's potable water system
by a material not dangerous to health, but aesthetically objectionable and having a degrading effect on the
quality of the potable water within the system.
"Industrial fluids" shall mean any fluid or solution which may be chemically, biologically, or otherwise
contaminated or polluted in a form or concentration that would constitute a health or plumbing hazard if
introduced into a potable water supply. This may include, but is not limited to, all types of processed waters
originating from the public water or auxiliary supply, which may deteriorate in sanitary quality. Types of processed
waters include chemicals in fluid form, circulated cooling waters that are chemically or biologically treated or
stabilized with toxic substance, and contaminated natural waters, as from springs, stream, or ponds.
"Liquids" shall mean any substance that flows readily but does not expand indefinitely, such as water and
industrial fluids.
"Mason County Utilities and Waste Management" shall also be referred to as the county, herein.
"Pressure vacuum breaker assembly (PVBA)" shall mean a backflow prevention assembly which consists of a
spring-loaded check valve, an independently operating air-inlet valve, inlet and discharge shut-off valves, and
properly installed test cocks. The air-inlet valve is internally loaded to the open position, normally by means of a
spring. This internally loading allows the device to be installed on the pressure side of the shut-off valve. A PVBA is
designed to protect against back siphonage events only.
"Public health officer" shall be the duly appointed public health officer of the Southwest Washington Health
District. Any act in this program required or authorized by the public health officer may be done on his/her behalf
by an authorized representative of DOH.
"Public water supply" shall be the system operated and maintained by the county, which is a water supply
intended or used for human consumption or other domestic use. The public water supply system included source,
storage, transmission and distribution facilities where water is furnished by the county to the customers of the
county.
"Reduced pressure principal backflow prevention assembly (RPBA)" shall mean an assembly containing a
minimum of two independently acting, approved check valves, together with an automatically operated pressure
differential relief valve located between the two check valves. During normal flow the pressure between these two
checks shall be less than the upstream (supply) pressure. In case of a leakage of either check valve, the differential
valve, by discharging to the atmosphere, shall operate to maintain not less than two psi of pressure between the
supply pressure and the zone between the two check valves. The unit must include resilient seated shut-off valves
located at each end of the assembly, and each assembly shall be fitted with properly located test cocks.
"Service connection" shall mean a connection between the public water supply distribution system and the
customers system.
"System manager" shall mean the water system manager, Mason County, Washington. Any act in this
program required or authorized by the system manager may be done on his/her behalf by the authorized
representative of Mason County.
(Ord. No. 94-12, 12-4-2012)
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13.19.040 Code authority and enforcement.
The enforcement of this cross-connection program, in the area served by the Mason County-owned and -
operated drinking systems, shall be in accordance with the Uniform Plumbing Code, latest Edition, and WAC 246-
290, Rules and Regulations of the State Board of Health relating to public water supplies.
(Ord. No. 94-12, 12-4-2012)
13.19.050 General policy.
It is the intention of this program to provide for the permanent abatement or control of all cross
connections. Where it is physically and economically infeasible to find or to permanently eliminate all cross
connection of the customers water systems, and when it is deemed necessary by the appropriate inspector, there
shall be installed at the service connection a suitable backflow prevention assembly commensurate with the
degree of hazard to the public water supply.
The following methods of cross connection control are considered minimum protection at the service
connection:
1. The public water supply to a premise having auxiliary water supply from an additional public supply
with no known cross connection shall require an approved DCVA at the service connection.
2. The public water supply to a premise on which is handled a substance that is objectionable (not a
health hazard) in a manner constituting a potential cross connection shall require a DCVA at the service
connection.
3. The public water supply to a premise on which there is an auxiliary water supply and internal cross
connections that are not correctable or intricate plumbing arrangements which make it impractical to
ascertain whether or not cross connection exist, shall require a RPBA at the service connection.
4. The public water supply to a premise on which material dangerous to health or toxic substances are
handled shall have installed a RPBA at the service connection.
5. The public water supply to a premise where entry is restricted so that inspection for cross connection
cannot be made at a sufficient frequency or sufficient short notice to assure that cross connection do
not exist shall have installed a ROBA at the service connection.
6. The public water supply to a premise on which any substance is handled under pressure so as to permit
entry into the public water supply, or where a cross connection could reasonably be expected to occur,
shall have installed a RPBA or DCVA, according to the health hazard at the service connection.
7. The public water supply to a premise having a repeated history of cross connections being established
or reestablished, shall have installed a RPBA at the service connection.
(Ord. No. 94-12, 12-4-2012)
13.19.060 Surveillance program.
The county is charged with the responsibility of ensuring that the public water supply is not compromised by
events resulting from cross connections. As such, a surveillance program based on proper management, adequate
record keeping, and aggressive inspections must be properly implemented by the county.
Such a program for cross connections initially requires the inspection of all new and existing buildings,
structures, and grounds. The procedure requires the county inspector(s) and the building inspector(s) to assist with
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(Supp. No. 57, 11-21)
Page 27 of 44
the requirements of DOH. Each must be knowledgeable in the field of plumbing and building inspection, pipe
arrangements, and cross connection control.
The systematic program of inspection shall be established with priority given on the basis of risk to public
health and shall be conducted according to the following outline:
A. New and Proposed Construction.
1. Upon application for a building permit, the building inspector shall require a detailed set of plans
and specifications for the plumbing installations, and shall make such detailed plans and
specifications available to the county inspector.
2. The building inspector and the county inspector shall review these plans and specifications to
determine the probability of cross connections, the availability of the auxiliary water supplies, the
handling of substances which, if introduced into the water system, would constitute a health,
plumbing, or system hazard. If, upon review, it is determined that any of these conditions will
exist, the county inspector shall coordinate with the property owner to ensure such cross
connections are properly controlled, or eliminated.
3. During the construction phase of any new building, structure, or ground installations, and during
the regular plumbing inspections, the county inspector shall perform the required cross
connection control inspection. Upon completion of the inspection, but prior to the approval of
any water service connection, the county inspector shall advise the customer in writing that
further backflow preventing testing is, or is not required. The customer shall also be notified that
Washington State certified backflow assembly tester must test the backflow assembly, and that
the test report form completed by the certified tester must be received by the county inspector
prior to the regular use of the customer's water system.
4. Upon receipt of an application for new water service, but prior to the installation of such new
service, a cross connection inspection shall be made by the county inspector and required
backflow prevention assemblies shall be installed at the time the new service is installed.
B. Existing Buildings, Structures, and Grounds.
1. An initial survey of the water system customers shall be conducted by the county to determine if
any cross connections currently exist. The initial cross connection determination shall proceed
according to the following steps:
a. A survey form shall be sent to each customer explaining the program and stressing the
relationship between the cross connections and water-borne disease epidemics, types of
health hazards, and cross connections. The survey shall also include a brief questionnaire
with desired information, such as an auxiliary water supply, any chemicals used, and
certain types of fixtures installed. This survey shall be returned by the water system
customer to the county.
b. Based upon the responses received from the questionnaire, if the county determines that a
customer has a potential cross connection, a letter requesting an appointment for
inspection by the county inspector shall be sent to the water system customer.
c. Upon completion of the inspection, the county inspector shall orally brief the customer or
his/her representative of the inspection findings.
d. The county inspector shall prepare a written report for the water system customer and the
system manager that shall include the following information:
1. Complete identifying information contained in heading.
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2. List of all potential or actual cross connections found, including the location and
options for method of control for each.
3. List of any industrial fluids, chemicals or other contamination liquids used or
pumped under pressure, the use of each, and an indication of the probability of
cross connection.
4. Any applicable drawings, sketches, blueprints, etc. used in support of the
inspection.
5. A summary of the findings of the inspection.
6. Recommendations for actions to be taken by the customer.
e. The system manager, upon completion of review of the report, shall prepare a letter to the
customer outlining the corrective action required, and the time period in which the
corrective action must be completed. A copy of this letter shall be sent to the customer
(return receipt requested), and a copy shall be maintained at the county.
f. When all required actions have been completed, the file copy of the completed actions
shall be placed in the county's cross connection control file.
g. Each premise required to be in compliance with the program shall be reinspected annually,
or more often if the degree of hazard so indicates.
2. The backflow prevention devices at the wastewater treatment plant and the community center
shall be inspected and tested annually by certified backflow assembly tester.
(Ord. No. 94-12, 12-4-2012)
13.19.070 Corrective measures.
Corrective measures for cross connections shall follow the guidelines in the most recently published
Accepted Procedure and Practice in Cross Connection Control of the Pacific Northwest Section (PNWS) of the
AWWA.
(Ord. No. 94-12, 12-4-2012)
13.19.080 Code.
The following are the abbreviations for assemblies or methods used to prevent or eliminate cross
connections:
1. Air Gap AG
2. Reduced Pressure Backflow Assembly RPBA
3. Double Check Valve Assembly DCVA
4. Double Check Detector Assembly DCDA
5. Pressure Vacuum Breaker Assembly PVBA
6. Atmospheric Vacuum Breaker AVB
(Ord. No. 94-12, 12-4-2012)
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13.19.090 Procedures for installation, inspection, and maintenance of backflow prevention
assemblies.
A. Initial Installation.
1. When it is determined that a RPBA, DCVA, DCDA, PVBA, or AVB is required, the county shall inform the
owner/manager of the need for a device.
2. Approved assemblies shall be installed as specified in the Uniform Plumbing Code, the PNWS-AWWA
Cross Connection Control Manual, or the Mason County Owner and Operated Drinking Systems Design
Standards, whichever is the more restrictive.
3. Upon completion of the installation of the backflow assembly, a certified backflow assembly tester
shall make such tests as are required to ensure proper operation of the assembly. If the assembly fails
any portion of the test, the assembly shall be rejected until such time that a repaired or a replaced
assembly passes all portions of the tests. The test results shall then be supplied in the county.
B. Inspection and Maintenance.
1. All backflow prevention assemblies shall be tested not less than annually. The testing shall be made by
a certified backflow prevention assembly tester, and the results are to be forwarded to the county.
2. Maintenance.
a. When a backflow prevention assembly is determined to be defective, the tester shall notify the
county immediately.
b. Upon receipt of notification of the defective assembly, the customer shall take the necessary
steps to repair or replace the defective assembly. The defective assembly shall be repaired or
replaced by the qualified person, who has specific training in backflow prevention assembly
repair.
c. Upon completion of repair or replacement, the backflow prevention assembly shall be tested by
a certified backflow prevention assembly tester.
(Ord. No. 94-12, 12-4-2012)
13.19.100 Records and reports.
A. The county shall track each customer utilizing a cross connection device.
B. The following information shall be available through the county's record keeping program:
1. Information regarding installations.
2. Test results for installations.
3. Information about testers.
4. Tester's certifications histories.
5. Mailing addresses of installation owners.
6. Device manufacturers and model and approved status. (Ord. 128-98 (part), 1998).
(Ord. No. 94-12, 12-4-2012)
Title 13 - UTILITIES
Chapter 13.32 LATECOMER AGREEMENTS FOR UTILITY FACILITIES
Mason County, Washington, Code of Ordinances Created: 2024-09-03 06:40:30 [EST]
(Supp. No. 68, 8-24, Update 1 )
Page 30 of 44
Chapter 13.32 LATECOMER AGREEMENTS FOR UTILITY FACILITIES
13.32.010 Purpose.
The purpose of this chapter is to allow Mason County (county), pursuant to Chapter 35.91 RCW, to enter into
a latecomer agreement with an owner of real property (applicant or applicant's authorized agent) for the
installation of public utility facilities (improvements) as defined in section 13.32.020 herein. In order for the county
to execute a latecomer agreement, the applicant must meet the eligibility requirements set forth herein in section
13.32.030 "eligibility for latecomer agreements". An applicant entering into a latecomer agreement with the
county shall be entitled to future reimbursement by the county of a portion of the connection charges received
from other property owners who subsequently benefit from installation of the improvements by the applicant.
Upon an applicant's request, the county shall execute a latecomer agreement with the applicant to install
improvements of adequate size, depth and accessibility to serve both the applicant's proposed or existing
development (development) and other properties within a county-approved utility improvement service area
(service area). Per the terms of the latecomer agreement, a portion of the connection charges paid by property
owners within the service area who subsequently connect to the improvements will be reimbursed to the
applicant to compensate the applicant for a portion of the cost of installing the improvements.
The goal of the latecomer agreement is to provide a means to reimburse applicants for costs that exceed
their own pro rata share of installing the improvements necessary to serve both the development and the
remainder of the service area without passing on any of the costs to the county or other property owners outside
the service area. Latecomer agreements shall be formulated so that the applicant is not reimbursed for any portion
of their own pro rata share of the costs of installing the improvements.
(Ord. No. 67-14, att. A, 11-18-2014)
13.32.020 Definitions.
The following definitions shall apply to terms used in this chapter only. All other terms not defined in this
section shall have the same meaning as set forth elsewhere in MCC title 13 and any amendments thereto.
A. "Administrative fee" shall mean the charge imposed by the county to administer the latecomer
agreement program. The administrative fee shall be calculated as stated in section 13.32.050B herein.
B. "Applicant's pro rata share" shall mean the equitable share of the cost of the Improvements to be paid
for by the applicant.
C. "Department" shall mean the Mason County Department of Public Works and Utilities.
D. "Development" shall mean the applicant's proposal for development and/or subdivision or short
subdivision of the property as depicted/described by an approved Mason County land use or building
permit application.
E. "Director" shall mean the director of the Mason County Department of Public Works and Utilities or
their designee.
F. "Improvements" shall mean the public utility facilities installed by the applicant that are eligible for
reimbursement in accordance with this chapter. Such improvements can include, but are not limited
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Page 31 of 44
to, the following: main utility lines, transmission lines, interceptor lines, distribution lines, force mains,
service lines, valves, manholes, cleanouts, fire hydrants, pumping or pressure reducing stations,
telemetering facilities, reservoirs, disposal plants, side sewer laterals, lift stations, necessary
appurtenances, system design, right-of-way and/or easement acquisition, etc. To be eligible for
inclusion in the latecomer agreement, such facilities must be installed in accordance with the county's
utility planning strategies and utility design and construction standards and specifications and be
considered permanent by the department.
G. "Pro rata share" shall mean the total eligible construction cost equitably divided among the properties
within the service area including the development. The pro rata share per property within the service
area shall be calculated by one of the following methods:
1. Front foot method;
2. Square foot method;
3. Zone foot method;
4. Percent of capacity method;
5. Percent of flow method;
6. Equivalent residential units per parcel method;
7. Zoning density method;
8. Other equitable method(s) as determined by the county;
9. Any combination of the above methods.
H. "Total eligible construction cost" shall mean the actual cost incurred by the applicant to install the
improvements subject to the limitations set forth in section 13.32.050.F herein.
I. "Total reimbursable construction cost" shall mean the total eligible construction cost minus the
applicant's pro rata share of the cost of the improvements. Costs associated with installation of
temporary sanitary sewer facilities shall not be eligible for reimbursement except as noted in section
13.32.050.G herein.
J. "Tributary properties" shall mean all properties within the service area except property within the
development.
K. "Service area" shall mean the utility facility sub-basin, as approved by the department, used to
determine the appropriate size, depth and location of the improvements that are necessary to serve
the properties within the utility facility service area, as defined by the department, including the
development. The department may require the service area to include rural properties that are located
within the county's utility facility service area. Rural properties will only be considered pursuant to
RCW 36.70A.110(4).
(Ord. No. 67-14, att. A, 11-18-2014)
13.32.030 Eligibility for latecomer agreements.
A. To be eligible to enter into a latecomer agreement, an applicant must:
1. Have submitted a complete utility facilities extension (UFE) application to the department for a
proposal to install public utility facilities which provide utility line capacity in excess of that required for
the applicant's development proposal, and which have adequate size, depth and accessibility to serve
the development and all other properties within a county approved utility facility service area; and
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2. Either own the real property referred to as the "property" herein, or be a designee of the owner(s) of
the property. If the applicant is a designee of the owner(s) of the property, the applicant must provide
notarized authorization to the department from the owner(s) of the property indicating approval of the
application and forfeiting all rights of eligibility as an applicant to enter into a latecomer agreement for
development of the property in accordance with this chapter. The department will not consider the
application as fully completed until and unless such notarized authorization is provided.
B. All latecomer agreements must be executed by the applicant and the county prior to the issuance of utility
line extension permits for construction of the improvements.
C. The director is authorized to negotiate, on behalf of the county, with eligible applicants to formulate
latecomer agreements and to recommend such agreements to the Mason County Board of Commissioners
for approval.
(Ord. No. 67-14, att. A, 11-18-2014)
13.32.040 Proposals for latecomer agreements.
A. A proposal for a latecomer agreement shall be submitted to the director or their authorized designee for
review.
B. A complete proposal for a latecomer agreement shall, at a minimum, include:
1. A complete submittal for a utilities facilities extension application including, but not limited to, a
proposed design plan for the improvements;
2. An engineer's estimate of the construction costs for the improvements;
3. A proposed service area map; and
4. A conceptual utility service plan for the service area.
C. The engineer's estimate shall include an estimate of the total eligible construction costs as defined in section
13.32.050 herein. The engineer's estimate must be prepared and stamped by a Washington State Registered
Professional Engineer.
D. The applicant's proposed service area shall include all properties which may subsequently use or require
service from the improvements, including the development, and including property that will receive service
from lateral or branch lines connected to the improvements. The feasibility of a property to receive service
from the improvements does not in and of itself prescribe inclusion in the service area. The size and limits of
the service area must be reviewed and approved by the director prior to utility facilities plan approval. The
service area map must be prepared and stamped by a Washington State Registered Professional Engineer.
E. The applicant's conceptual utility facilities plan shall include the proposed design to serve all of the proposed
lots within the development as well as a conceptual design to serve the rest of the property in the service
area. For sanitary and storm sewer facility improvements, at a minimum, the conceptual utility facilities plan
must include the proposed utility alignment, manhole locations, rim and invert elevations, pipe diameter,
pipe slope, flow calculations for design capacity and flow velocities, topography, and parcel numbers and
current zoning of all the properties within the service area. Approval of the applicant's conceptual utility
facilities plan for the purpose of determining the eligibility of the improvements for reimbursement shall not
be construed to be an approval of all the design elements associated with said plan as they pertain to
permanent utility service for the service area. The conceptual utility facilities plan must be prepared and
stamped by a Washington State Registered Professional Engineer.
F. The director may require additional plans, specifications, easements, and legal documents as deemed
necessary to evaluate and administer the latecomer agreement.
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13.32.050 Latecomer agreement—General terms.
The following general terms and conditions shall apply to latecomer agreements entered into pursuant to
this chapter:
A. Installation of the improvements shall be at the applicant's expense.
B. All construction shall be in accordance with an engineering plan approved by the director, and in
accordance with all other applicable county, state, and federal ordinances, statutes, standards,
specifications and/or regulations.
C. Applicant shall furnish a performance bond satisfactory to the county prosecuting attorney, in which
assurance is given to the county that the improvements will be carried out as provided herein. To
assure the county that this work will be completed and lien holders paid, a bond shall be furnished
guaranteeing faithful performance and guaranteeing payment for labor and materials.
D. Each and every parcel along the alignment of the proposed improvements must be provided with an
opportunity to have a utility side lateral stub for future connection installed as a part of the proposed
improvements. Prior to utility facilities plan approval, the applicant will be required to contact the
property owners located adjacent to the utility facilities to determine if the adjacent property owners
desire that a utility side lateral stub be installed with the proposed improvement and if so, where the
adjacent property owners prefer to have their utility side lateral stubs located. Contact shall be, at a
minimum, through a certified letter to the owner of record of the properties, as indicated by the
Mason County Assessor/Treasurer's records. The applicant shall maintain a record of contacts with
adjacent property owners and submit a listing summarizing the results of the applicant's efforts to
contact adjacent property owners including the property owner's preferred location of the utility side
lateral stub. The preferred stub locations must be included on the utility facilities plans prior to
approval. Written waivers may be granted at the director's discretion in instances where a utility side
lateral stub is not likely to be utilized. Utility side lateral stubs shall be installed at the applicants
expense at those locations indicated on the department approved improvement plans. All utility side
lateral stub installations shall comply with the county's adopted utility development codes, regulations
and standards. This provision shall not apply to utility side lateral stubs or sanitary sewer or storm
sewer main stubs extending out of manholes. In the case of manholes, the department reserves the
right to require the applicant to provide, without direct compensation, side sewer stubs or sewer main
stubs from manholes. The costs of installing side sewer stubs and sewer main stubs shall be included in
the costs subject to reimbursement under the latecomer agreement.
E. Where a latecomer agreement is in force, the county shall not allow any property owner within the
service area to connect to the improvements without prior payment to the county of the connection
charges required by county code, in addition to all other costs and charges assessed for such use or
connection including their pro rata share of the total eligible construction cost. In addition, connection
charges for properties located within the service area shall include an administrative fee equal to five
percent of their total pro rata share to cover the costs of administering the latecomer agreement with
the exception that an administrative fee shall not be added to the applicant's area charge that is
associated with the development and paid prior to approval of the utility facilities plan for the
improvements. No charges or fees collected from the property within the service area other than their
pro rata share of the total eligible construction cost shall be utilized to reimburse the applicant.
F. The total eligible construction cost shall only include the following items:
1. Actual utility facilities design work limited to a maximum of ten percent of the total eligible
construction cost. Utility facilities design work shall include the following:
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(a) Preparation of conceptual utility design plan and proposed service area map, including the
engineering report and costs associated with a comprehensive plan amendment, if
required.
(b) Survey work, including two-foot interval topography, boundary, and right-of-way
determination.
(c) Engineering design of utility facilities to the required specifications.
(d) Coordination of utility facilities design approval with other Mason County departments and
outside agencies (including franchise holders), including permits or approvals for wetlands,
shoreline, steep slope, and/or other sensitive-critical areas.
(e) Coordination with the appropriate agency for right-of-way access, easement, or permitting
requirements.
(f) Costs associated with contacting potential users of the utility facilities system for the
purpose of locating utility side lateral connections.
(g) Preparation of construction cost estimate.
2. Property acquisition done in accordance with county guidelines, including reasonable costs
associated with collateral agreements whereby improvements to property are performed in
exchange for granting of easement rights. The department reserves the right to require the
applicant to obtain an appraisal of the easement property in question at the applicant's expense.
3. Legal fees associated with easement or property acquisition for the actual utility facilities,
including preparation of the legal description in support of the easement or property acquisition.
4. Construction costs including labor, materials, construction management, construction staking,
and sales tax.
5. Construction testing related to installation of the utility facility.
6. Preparation of as-built drawings, and operations and maintenance manuals.
G. At the department's discretion, the construction of temporary utility facilities that are not in
accordance with the county approved utility facilities plan, utility strategies, plans, design
standards or specifications may be allowed. If the department permits the applicant to install
temporary utility facilities which are sized smaller or at depths higher than those required to
provide permanent utility service to all the properties in the service area, then the cost
associated with the installation of the temporary utility facilities shall not be eligible for
reimbursement unless the department requires that the temporary utility facilities be upsized or
installed at a depth lower than that required to serve the property in accordance with the county
approved utility facilities plan and the county's standard utility plans, details and specifications.
Only construction costs that are associated with the additional capacity and depth can be
included in the total eligible construction cost.
H. All latecomer agreements and amendments thereto shall be recorded at the Mason County
Auditor's Office against all properties that are subject to payment of a pro rata share of the total
reimbursable construction cost under the terms of the latecomer agreement for the respective
service area. The applicant is responsible for all fees and costs required to record the documents
and records.
(Ord. No. 67-14, att. A, 11-18-2014)
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13.32.060 Processing of latecomer agreement.
The following general process shall apply to latecomer agreements entered into pursuant to this chapter:
A. Upon receipt of the applicant's fully completed latecomer agreement proposal, the department staff
will review and provide comment on the application. If the director determines that a latecomer
agreement is compliant, negotiations regarding the specific terms of the agreement in accordance with
this chapter will continue until they have been completed and the utility facilities plans for the
improvements have been approved.
B. The applicant shall agree to pay in full all applicable connection charges due to the county for the
connection of the development to the county's public utility system and all other applicable fees
required by law, which may include, but not be limited to, plan review fees, inspection fees, contract
administration fees, utility side lateral stub charges, area charges, front footage charges, pro rata share
costs of downstream latecomer agreements, recording fees and other administrative fees, prior to
approval of the utility facilities plan for the improvements.
C. The department staff shall not forward the final draft of the latecomer agreement for approval by the
director, the county's prosecuting attorney's office, the applicant and the county commissioners until
the utility facilities plan for the improvements have been approved by the director.
D. The permit for the construction of the improvements shall not be issued by the county until the
latecomer agreement has been approved by all signatories and executed by the Mason County Board
of County Commissioners.
E. Upon execution of the latecomer agreement, the applicant must proceed with obtaining the permit for
the installation of the improvements and commence construction prior to the expiration of the
approved utility facilities plan. Unless extended by mutual agreement between the county and the
applicant, should the applicant's approved utility facilities plans expire prior to the initiation of
construction of the improvements, then the latecomer agreement shall be null and void. Should the
applicant's approved utilities facilities plan expire due to inactivity for one year then the latecomer
agreement shall be null and void.
F. Upon completion of construction and final acceptance of the improvements by the director, the
applicant shall transfer by bill of sale, the newly installed utility facilities to the county, free and clear of
all liens and debts, for inclusion into the county's utility systems as a public facility.
G. Within one hundred twenty days following the completion of construction of the facilities and
acceptance by the county, the applicant shall provide complete and itemized copies of all invoices for
costs related to construction of the facilities. The cost information provided by the applicant shall be
reviewed by the director to determine the total eligible construction cost. Certification of the costs and
authentication of the copies shall be made by the party providing the services and the applicant. Costs
not evidenced by an invoice shall not be included in the total eligible construction cost. Any costs not
previously identified in the approved engineer's estimate shall not be included in the total eligible
construction cost unless written authorization is received from the director. Construction costs which
exceed those identified in the approved engineer's estimate shall not be included in the total eligible
construction cost unless written authorization is received from the director.
H. Once the total eligible construction cost has been finalized, department staff will draft an amendment
to the executed latecomer agreement which will finalize the total eligible construction cost, the pro
rata share, and the total reimbursable construction cost. No reimbursement toward the applicant's
total reimbursable construction cost shall be made by the county until the improvements are accepted
by the director and the latecomer agreement has been amended to reflect the actual construction
costs.
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I. The director agrees to reimburse the applicant up to the total reimbursable construction cost from the
eligible portion of connection charges collected from the properties within the service area until the
total reimbursable construction cost has been paid in full or until the term of the agreement expires.
Reimbursement payments made from the eligible portion of the connection charges collected from the
properties within the service area shall be made to the applicant within sixty days following collection
of the connection charges by the county or within sixty days following the execution of the amended
latecomer agreement, whichever is later.
J. No interest shall be paid on any unpaid balances of the total reimbursable construction cost for the life
of the latecomer agreement.
K. Latecomer agreements shall be for a period of twenty years from the date of final acceptance of the
improvements by the county. Extension of agreements may be provided for a time not to exceed the
duration of any moratorium, phasing ordinance, concurrency designation, or other governmental
action that prevents making applications for, or the approval of, any new development within the
benefit area for a period of six months or more.
L. Every two years the applicant shall be responsible for providing the county with his/her current
address during the term of the latecomer agreement. Any change of address notice submitted by the
applicant shall be sent by means of certified mail, return receipt requested to the department. Failure
to comply with notification requirements within sixty days of the specified time may result in the
county collecting any reimbursement of funds owed to the property owner under the contract.
(Ord. No. 67-14, att. A, 11-18-2014)
13.32.070 Denial of latecomer agreement.
Constructing excess capacity for utility facilities within county approved utility service areas can be an
efficient way to provide public facilities and can provide a public benefit if the applicant makes a good faith effort
to work within county code regulations. However, the county may deny a request for a latecomer agreement if the
applicant proposing the agreement is ineligible, insists on terms that are unlawful or inequitable, or negotiates in
bad faith.
(Ord. No. 67-14, att. A, 11-18-2014)
13.32.080 Eligibility for appeals.
Administrative determinations of the director made in conjunction with this Mason County Code Chapter
may be appealed to the Mason County Hearings Examiner in accordance with title 15, development code, under
section 15.11.010 "appeal of administrative determinations and decisions" of the Mason County Code.
(Ord. No. 67-4, att. A, 11-18-2014)
Title 13 - UTILITIES
Chapter 13.30 MINIMUM LEVELS OF SERVICE FOR RESIDENTIAL RECYCLING COLLECTION
Mason County, Washington, Code of Ordinances Created: 2021-12-29 14:27:43 [EST]
(Supp. No. 57, 11-21)
Page 37 of 44
Chapter 13.33 MINIMUM LEVELS OF SERVICE FOR RESIDENTIAL RECYCLING
COLLECTION
Sections:
13.33.010 Purpose and intent
13.33.020 Definitions
13.33.030 Minimum levels of curbside recyclables service for single-family residences
13.33.040 Customer service responsibility and coordinated public outreach programs
13.33.050 Reporting requirements for residential recyclables collection
13.33.060 Disposal limitations and materials marketing preferences
13.33.070 County notification of WUTC tariff filings
13.33.080 Full program implementation
13.33.090 Commodity credit
13.33.010 Purpose and intent.
A. The purpose of this chapter is to define minimum levels of service for curbside recycling collection, which
shall be provided to households serviced by the solid waste collection company operating in the urban and
rural areas of Mason County.
B. It is the intent of the Commission to:
1. Establish residential recycling programs as an integral component of the collection of solid waste,
incorporating the State's goals to make "source separation of waste a fundamental strategy" and to
"make recycling at least as affordable and convenient to the ratepayer as mixed waste disposal."
2. Increase diversion of recyclables from single-family and multi-family residences, and condominiums in
Mason County.
3. Make recycling easier and more convenient for residents through use of efficient collection systems;
4. Retain low-cost strategies to encourage participation;
5. Encourage the private sector to develop and operate the recycling facilities that are needed to process
and market recyclables collected in Mason County and its cities and towns.
(Ord. No. 68-09, Exh. A, 8-4-2009)
13.33.020 Definitions.
For the purposes of this Chapter, certain terms, phrases, and words, and their derivatives, shall have specific
meanings as defined in this Section. Terms, phrases, and words used in the singular shall also apply to the plural.
Terms, phrases, and words used in the plural shall also apply to the singular.
A. "Automated recycling container or cart," means a wheeled, plastic receptacle designated for the
collection of recyclables and designed to be picked up and emptied by mechanical means into the
company's collection vehicle.
B. "Automated Collection" means a route serviced by a vehicle with mechanical means to pick up garbage
and recycling at the customer's residence.
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C. "Cities" means the cities and towns within Mason County that have signed interlocal agreements with
the Board of County Commissioners to adopt and implement the Mason County Solid Waste
Management Plan.
D. "Commodity credit" means the amount of recycling revenue returned to residential customers from
the sale of recyclable materials collected through curbside residential programs, as required by the
Washington Utilities and Transportation Commission.
E. "Mobile Home Park" means a tract of land designed and maintained under a single ownership of
unified control where two or more spaces or pads are provided solely for the placement of mobile or
manufactured homes for residential purposes with or without charge. The mobile home park is billed
for solid waste collection service as a whole and not by individual dwelling units.
F. "Multi-family residence" means any residential structure containing two or more dwelling units with
the units joined to one another and where the structure is billed for solid waste collection service as a
whole and not by individual dwelling units. This may include, but is not limited to, apartments and
condominiums.
G. "Recyclable materials" or "recyclables" means those solid wastes that are separated for recycling or
reuse and thus diverted from landfill disposal.
H. "Recycling rate" means the percentage rate achieved by dividing the total tonnage of recyclables by the
sum of the total tonnage of waste disposed added to the total tonnage of recyclables.
I. "Set-out counts" means the number of single-family residential customers that set-out their recyclables
containers every collection day; or a monthly average of the set-outs as compared to total number of
single-family customers.
J. "Single-family residence" means any residential dwelling receiving solid waste and recycling collection
service where the owner or tenant is billed for solid waste collection service to the dwelling as an
individual unit. This may include, but is not limited to, duplexes, mobile homes within mobile homes
subdivisions, or attached single-family structures such as townhouses, row houses, or triplexes.
K. "Single-stream collection" means the collection of designated recyclables commingled in one covered,
wheeled container, collected with automated or semi-automated trucks.
L. "Solid waste collection company" means a privately owned solid waste and recycling transportation
company or "hauler", which provides collection services in rural and urban designated areas of Mason
County and is regulated by the Washington Utilities and Transportation Commission (WUTC) under the
provisions of Chapter 81.77 RCW. The companies may be collectively referred to as "certificated
haulers" and means every person or his lessees, receivers, or trustees, owning, controlling, operating
or managing vehicles used in the business of transporting solid waste for collection and/or disposal for
compensation over any public highway whether as a "common carrier" or as a "contract carrier."
M. "Source separation" means the separation of different kinds of solid waste at the place where the
waste originates.
N. "Washington Utilities and Transportation Commission" or "WUTC" means the State agency, which
regulates privately owned solid waste collection companies who provide collection service to the
unincorporated areas under a G certificate.
(Ord. No. 68-09, Exh. A, 8-4-2009)
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13.33.030 Minimum levels of curbside recyclables service for single-family residences.
The minimum levels of service for single-family residential curbside collection in Mason County shall include
the following:
A. Single-Stream Collection Service.
1. Collection companies shall offer every-other-week (EOW), single-stream curbside collection of
recyclables to all single-family residences that subscribe to automated curbside solid waste
service.
2. The collection companies shall provide the curbside recycling collection with all combinations of
automated solid waste cart service approved by the Washington Utilities and Transportation
Commission (WUTC) for their respective certificated areas. Residents in automated service areas
may request curbside recycling service without having solid waste service at a rate set by the
Washington Utilities and Transportation Commission.
3. The collection services to the customers shall be on the same day as garbage collection, unless
the collection company can demonstrate to the County that an alternative collection schedule is
necessary because of geographic or development limitations, such as road width or density, that
require an alternative truck system or collection schedule.
a. The hauler shall identify the location of the area affected; the alternative collection
schedule; and the reasons supporting the alternative.
b. The County shall consider whether the number of customers affected is minimized; that
program participation is not adversely affected; whether there is substantial cost savings
due to the alternative schedule; whether an alternative collection schedule can result in
higher levels of participation and recycling; and other information presented by the hauler.
B. Recycling Collection Containers.
1. Collection companies shall provide one wheeled container of approximately ninety-six-gallons to
each of their single-family customers signed up for curbside collection. The containers shall be
made of durable plastic materials and manufactured using a maximum percentage of recycled
materials that meet specifications.
2. Collection companies shall provide a process for customers to request and receive an alternative
sixty-four-gallon wheeled container for those customers who feel they do not generate enough
recyclables to fill the standard size container or who feel its size is too unwieldy for them to move
or store. There will be no change in monthly service fees for the difference sizes of recycling
containers.
3. All containers shall contain, or have attached, information about the proper preparation of
materials and the name of the certified hauler. The information may be stamped into the
container, on a waterproof sticker, a combination of both, or some other alternative, which
provides the customer with sufficient permanent information to be able to contact the hauler. If
stickers are chosen, hauler shall provide replacements to all customers in Mason County when
normal aging and weather exposure has made them unreadable.
4. Replacement of the containers necessitated by normal use or by container damage due to the
haulers negligence shall be the responsibility of the hauler. Replacement necessitated by
container damage or loss due to the customer's negligence shall be at the customer's expense.
C. Exceptions: Collection Alternatives for Restricted Access or Storage Situations, or for Residents with
Limited Mobility.
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1. Criteria: Collection companies shall have a process in place to work cooperatively with residents
to tailor the single-stream recycling collection service to meet the needs of residents in situations
where:
a. Private driveways are inaccessible or incapable of withstanding the weight of collection
trucks and collection of recyclables or garbage cannot be provided under the approved
drive-in rate tariff for such situations;
b. Because of long, steep and/or winding driveways, a resident would have difficulty in
moving a large recycling container, manually or by vehicle, from their house to the public
access road for collection;
c. A resident could not provide a storage place to keep recycling or garbage containers at the
end of the driveway close to the public access road;
d. Truck access or container size is in any way otherwise restricted due to density and road
width or where outside container storage is limited by homeowners' association
covenants; or
e. Residents with special needs, such as physical infirmity or physical limitations, with no able-
bodied person living in the residence to set out the container, and need reasonable
accommodation.
2. Alternatives: Collection companies shall offer alternatives that suit their collection system or the
particular customer's limitation. The alternatives may include:
a. A drive-in tariff rate and/or a walk-in tariff rate for those situations where a recycling truck
can negotiate the long-driveway and where the driveway can support the weight of the
truck.
b. Any other solution mutually agreed to by the customer and the solid waste collection
company per WAC 480.70.366.
3. Monitoring Alternative Service Options: The Solid Waste Collection Company shall maintain an
updated list of customers who have requested an alternative collection system, a description of
the problem and of the chosen solution, or how the problem was otherwise resolved, and will
provide an annual list to Mason County.
4. Nothing in this section shall either prevent or require collection companies from developing a
centralized drop-off site in neighborhoods, to be maintained by the hauler, where such access
problems are clustered or where covenants prevent outside storage of containers.
D. Materials Collected. The following recyclable materials, at a minimum, shall be collected from single-
family residences when properly prepared and meeting the material description as specified.
1. Cardboard: Corrugated cardboard and Kraft paper, including unbleached, unwaxed paper with a
ruffled ("corrugated") inner liner.
2. Metal cans: Tin-coated steel cans and aluminum cans, excluding aerosol spray cans.
3. Mixed-waste paper: Clean and dry paper, including: glossy papers; magazines; catalogues; phone
books; cards; laser-printed white ledger paper; windowed envelopes; paper with adhesive labels;
paper bags; nonmetallic wrapping paper; packing paper; glossy advertising paper; chipboard,
such as cereal and shoeboxes; juice boxes; and milk-style cartons of the refrigerated variety
(nonrefrigerated products contain aluminum linings).
4. Newspaper: Printed groundwood newsprint, including glossy advertisements and supplemental
magazines that are delivered with the newspaper.
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5. Plastics: Bottles and jars #1-2: primarily polyethylene terephthalate (PET - #1), such as soft drink,
water, and salad dressing bottles; and high-density polyethylene (HDPE - #2) such as milk,
shampoo, or laundry detergent bottles; including any bottle with a neck narrower than its base.
E. Optional Materials. Nothing in this chapter shall prohibit a hauler from exceeding the minimum
requirements set forth above by collecting additional materials including, but not limited to, food
waste, yard waste, scrap metal, glass, or other types of plastic, or other materials in the future.
F. Amending the List of Required Materials. Prior to proposing any amendments to the list of materials to
be collected, the County will negotiate and mutually agree upon any proposed changes to the collected
materials list with the haulers.
G. Recycling Collection Rates. Collection companies shall request the Washington Utilities and
Transportation Commission (WUTC) to approve a rate structure, which includes the costs to implement
the modified single-stream residential curbside recycling program for all solid waste customers
contained in Section 3 of these minimum levels of service. The collection companies shall include the
following elements in the tariffs proposed to the WUTC:
1. A rate structure designed to provide customers with adequate options and incentives to reduce
their level of solid waste collection service as a result of their participation in waste reduction and
recycling programs.
2. The rates shall include the costs of the containers, stickers, collection equipment and staffing.
3. Collection rates should include a separate delivery service fee equal to or less than the
replacement cost of the bins. This service replacement cost shall not apply to the first-time
delivery of the standard-sized container, or for the first-time delivery of a smaller sized container
when the smaller size is requested by the customer.
4. Rates should include but are not limited to the haulers' costs for the mutually agreed upon
coordinated public outreach program, monitoring set-out participation, and any other costs for
the data reporting system required by the County.
5. The haulers shall capitalize and amortize the equipment costs as determined by the WUTC.
(Ord. No. 68-09, Exh. A, 8-4-2009)
13.33.040 Customer service responsibility and coordinated public outreach programs.
Collection companies shall work with the County to develop and implement a coordinated public outreach
program.
A. Haulers' customer service responsibilities shall include, but not be limited to:
1. Notifications of new service availability, program sign-up, container delivery, bin stickers,
explanation of rate structure, schedule of collection days and container replacement information.
2. Delivery of containers within ten days of a request for service with collection service beginning
within thirty-five days of a request.
3. A telephone hotline within their certificated area, which shall be:
a. Accessible to residents for the purpose of providing program information and accepting
service complaints, including after hours.
b. Capable of responding to a large volume of phone calls.
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c. Clearly shown on the collection equipment, included in all mailings, and on other publicity
materials.
4. A process to resolve participation problems if access to the program is restricted due to
impassable road conditions, other than those occasionally caused by severe weather situations. If
the hauler deems the road conditions are regularly impassable by collection vehicles, the hauler
will work with customers to determine a mutually agreed upon location for the collection of
recyclables, preferably from the nearest roadway which is accessible by the hauler's collection
vehicle.
5. Notification to both new and ongoing solid waste customers of: different solid waste collection
service options including cart sizes, frequency, and costs; recycling container provided to all solid
waste customers. Hauler shall notify solid waste customers of the above during phone calls, in
billing inserts and special mailings, on their website and during new service sign up procedures.
Hauler will ensure that website is updated and links to Mason County specific information are
working. The website shall also provide a link to Mason County Utilities and Waste Management
to provide residents with additional waste disposal and reduction information.
B. At the initiation of a new collection program to allow for coordination of promotional and educational
efforts, haulers shall provide the County with container delivery schedules and collection schedules
showing where implementation will begin by geographic areas. Implementation may be staged.
C. County responsibilities shall include the development of a countywide public outreach program. The
program should include:
1. Newsletters mailed to all households and handouts for self-haulers.
2. News releases and an advertising campaign.
3. Coordination of design of brochures and other materials with information on the new program to
be mailed to customers via hauler billings or to be distributed with new bins by the hauler.
Ongoing design of brochures and other materials, to be included with hauler billings, that
educates residents on the curbside recycling program as well as various waste reduction methods
above and beyond curbside recycling.
4. An Internet website describing the haulers' services, how to sign-up for the new program, how to
resolve a service complaint, and information about drop-off alternatives and other County
programs.
5. An email address to allow residents with opportunity to request brochures or other materials and
to ask for additional information or help.
6. Traveling exhibits.
7. Incorporation of information about programs into youth and adult environmental education
programs.
8. Presentations to civic groups.
9. Staffing sufficient to provide information to customers with inquiries.
10. Automated telephone information line.
(Ord. No. 68-09, Exh. A, 8-4-2009)
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13.33.050 Reporting requirements for residential recyclables collection.
Collection companies shall provide the County with regular and accurate reports of data on all residential
recycling collection services as determined necessary by Mason County for evaluating the effectiveness of recycling
programs.
A. Single-Family Curbside Recyclables Collection Program.
1. At a minimum, annual reports will be provided by March 1 the next calendar year and shall
contain the flowing data, broken down by each month and by certificated area.
• The number of single-family solid waste collection customers subscribing to each level of garbage
collection service.
• Aggregate tonnage of recyclable materials collected from single-family customers per year.
• Recyclables collected per single-family customer expressed as average pounds of recyclables
generated per customer.
• Aggregate tonnage of solid waste disposed of from single-family customers.
• Subscribing customer recycling rate participation.
• Log of unresolved customer complaints with summary of measures taken to resolve any problems.
• Any percentage residue amounts or contamination problems reported by processing facilities.
• Summaries of tons and value of single stream materials sold.
2. Annual reports shall include an analysis of the effects of changes in services and areas served or
problems that were encountered and any suggested changes to increase efficiency and
participation in the curbside program.
(Ord. No. 68-09, Exh. A, 8-4-2009)
13.33.060 Disposal limitations and materials marketing preferences.
A. Solid waste collection companies shall use processing facilities that have obtained all applicable local, state,
and federal permits. Whenever possible, local businesses shall be given priority and should be used to
receive recyclables for purposes of processing, handling, or remanufacturing the materials into new
products.
B. The haulers shall not under any circumstances dispose of marketable recyclables by landfilling or
incineration. Contaminated single stream materials may be disposed with permission from County staff.
C. Recyclable materials shall be marketed for highest possible use, as noted in the Washington State Beyond
Waste Plan, current solid waste issues, Chapter 2.
(Ord. No. 68-09, Exh. A, 8-4-2009)
13.33.070 County notification of WUTC tariff filings.
Whenever a collection company files a proposed tariff revision for solid waste and recyclables collection
rates with the WUTC, the collection company shall simultaneously provide the County with copies of the proposed
tariff submitted to the WUTC and all supporting materials. Any propriety information provided to the County shall
be handled as confidential to the extent allowed by law.
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A. The County shall review the rates for compliance in relation to the Mason County Solid Waste
Management Plan, and minimum service level ordinances.
B. After tariffs are approved by the WUTC, the collection company shall notify the County of the approved
rates and the effective dates.
(Ord. No. 68-09, Exh. A, 8-4-2009)
13.33.080 Full program implementation.
If it is determined that the programs specified in this chapter are not fully implemented after a reasonable
interval of time to promulgate, implement and expand the program countywide, the Mason County Board of
County Commissioners, or the Utilities and Waste Management Director may notify the WUTC that the County will
exercise its authority under RCW 36.58.040 to contract for the collection of recyclables from residences in Mason
County.
A. Full Implementation. The programs shall be considered fully implemented when the following
conditions are met:
1. The certificated hauler has received approval by the WUTC for its tariff filings for recyclables; and
2. The services will be available to all subscribing customers who desire service.
(Ord. No. 68-09, Exh. A, 8-4-2009)
13.33.090 Commodity credit.
Under RCW 81.77.185, the Utilities and Transportation Commission shall allow solid waste collection
companies collecting recyclable materials to retain up to thirty percent of the revenue paid to the solid waste
collection companies for the material. To receive this benefit, the company must submit a plan to the commission
that is certified by the appropriate local government authority as being consistent with the local government solid
waste plan and that demonstrates how the revenues will be used to increase recycling. Remaining revenue shall be
passed to residential customers. The County requires an annual work plan proposal from the hauler to justify the
revenue share to be reviewed and approved by the County staff. Review and acceptance of the proposal will
include City and County staff and the Solid Waste Advisory Committee.
(Ord. No. 68-09, Exh. A, 8-4-2009)
ATTACHMENT D
Title 17 - Zoning
Created: 2024-09-03 06:40:40 [EST]
(Supp. No. 68, 8-24, Update 1 )
Page 1 of 3
17.03.030 Development requirements and performance standards.
The following development requirements and performance standards apply to all property proposed for
development, which is within the boundary of Mason County's Urban Growth Areas (UGA). No development
approval shall be given, and no building permit shall be issued, unless the proposed development complies with
the provisions of this chapter.
(1) New Lots.
(a) No new lots will be created within the boundaries of the Belfair, Shelton, and Allyn UGAs, which
employ individual or community/group on-site sewage disposal systems except when the
following circumstances may apply:
(i) Use of on-site sewer systems as a transitional strategy where there is a development
phasing plan in place (see WAC 365-195-330 [WAC 365-196-330]); or
(ii) To serve isolated pockets of urban land difficult to serve due to terrain, critical areas or
where the benefit of providing an urban level of service is cost-prohibitive; or
(iii) Where on-site systems are the best available technology for the circumstances and are
designed to serve urban densities
(b) Location of sewer lines will be prelocated and easements established in conformance with the
sewer analysis plan and as illustrated on the Belfair UGA Build-Out Sewer Connection Map.
(2) Existing Lots of Record.
(a) No new development or redevelopment on existing lots of record (as of April 8, 2008) in the Belfair,
Shelton, and Allyn UGAs shall be allowed using individual or community/group on-site septic systems
except when:
(i) public sewer system has not been extended to within 200 feet from where the existing building
drain connects to the existing building sewer, or where no building drain exists, within 200 feet
from where the sewer line begins, as measured along the usual or most feasible route of access,
and
(ii) provided that no expansion of the capacity of on-site system is needed to serve the
redevelopment.; and
(iii) in the instances where sewer is available, but difficult to serve due to terrain, critical areas or
where the benefit of providing an urban level of service is cost-prohibitive.b) New
development or redevelopment of lots, within the Belfair, Shelton, and Allyn UGAs, existing as of
August 2, 2011, wherein sewer has not been extended to within 200 feet from where the existing
building drain connects to the existing building sewer, or where no building drain exists, within
200 feet from where the sewer line begins, as measured along the usual or most feasible route of
access may seek approval for on-site septic system subject to the following:
(1) It complies with all requirements and specifications of the Mason County Department of
Environmental Health, and the Mason County Department of Utilities and Waste
Management, and
(2) A binding site plan is submitted which provides for future sewer pipelines and other
utilities in accordance with the Belfair UGA Build-Out Sewer Connection Map, and
(3) Demonstrates that development at the minimum density allowed within the zone could be
achieved once public sewer and/or water would be available to serve the project site, and
ATTACHMENT D
Title 17 - Zoning
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(Supp. No. 68, 8-24, Update 1 )
Page 2 of 3
(4) Development of the site shall be consistent with the approved site plan. The director may
allow minor modification to the site plan, provided that all other regulations and conditions
placed on the approval are met, and
(5) Reserved.
(6) Reserved.
(7) The applicant has provided a certificate of future connection to a public sewer system,
certifying that an irrevocable agreement has been entered into with the Sewer utility
providing that the property shall be connected to the utility provider’s system when service
becomes available, and that the property owner shall pay all costs of connection, including
Capital Facility Fees. This certificate shall be recorded in the real property records of Mason
County and shall be a permanent condition on the property running with the land until
such time as the costs for connection are fully paid to the utility provider.
(8) Agreement to decommission the onsite septic system and connect to public sewer within
ninety days of the public sewer system extending to within 200 feet from where the
existing building drain connects to the existing building sewer, or where no building drain
exists, within 200 feet from where the sewer line begins, as measured along the usual or
most feasible route of access.. The cost of any connection/extension required will be borne
by the property owners. The developer of an extension may collect reasonable latecomer's
fees for off-site improvements.
.
(9) Subdivisions developed within the UGA but not served initially by sewer will install sewer
mains as an element of road and water system construction. Capital facilities charges shall
be waived for such a development until sewer is available within two hundred feet.
(b) All residential, industrial and commercial structures, currently using on-site disposal systems, will
be required to connect to public sewers once a public system is extended to within 200 feet from
where the existing building drain connects to the existing building sewer, or where no building
drain exists, within 200 feet from where the sewer line begins, as measured along the usual or
most feasible route of access regardless of the timing of the original on-site installation. The cost
of any extension required will be borne by the property owners. The developer of an extension
may collect latecomer's fees for off-site improvements.
(c) All existing permits for the installation of on-site systems, which have been approved but have
not been installed, shall be declared void at such time the sewer is within 200 feet from where
the existing building drain connects to the existing building sewer, or where no building drain
exists, within 200 feet from where the sewer line begins, as measured along the usual or most
feasible route of access.
(3) Existing Lot Consolidation or Boundary Adjustment within the Belfair, Shelton, and Allyn UGA,
consolidation of existing residential lots to form a single lot greater than eight thousand square feet
will not be allowed except to the extent that site conditions and site constraints impede the individual
development of the lots combined by the consolidation, in accordance with subsection (2) above.
(Ord. 59-08 Attach. A (part), 2008: Ord. 45-08 Attach. A (part), 2008: Ord. 30-08 Attach. (part), 2008: Ord. 91-07
(part), 2007: Ord. 10-07 (part), 2007: Ord. 108-05 Attach. B (part), 2005).
ATTACHMENT D
Title 17 - Zoning
Created: 2024-09-03 06:40:40 [EST]
(Supp. No. 68, 8-24, Update 1 )
Page 3 of 3
(Ord. No. 16-09, 3-3-2009; Ord. No. 55-12, Att. A, 7-10-2012; Ord. No. 46-17, 8-1-2017; Ord. No. 23-19, Att. A, 3-
19-2019; Ord. No. 2022-093, Att. A, 12-20-2022)