HomeMy WebLinkAboutHearing Notice re JCC Sewer utility code JEFFERSON COUNTY
BOARD OF COUNTY COMMISSIONERS
AGENDA REQUEST
TO: Board of County Commissioners
FROM: Monte Reinders, Public Works Director/County EngineeA!/
DATE: November 4,2024
SUBJECT: Approval of Hearing Notice for the Jefferson County Code Title 13 Sewer Utility Code
STATEMENT OF ISSUE:
Jefferson County is starting a new sewer utility in the Port Hadlock Urban Growth Area(PHUGA). In order
for the sewer system to become operational, the Board of County Commissioners needs to adopt
a sewer utility code.
The purpose of the adoption of the PHUGA sewer utility code is to: 1) Provide for the planning, design,
construction, use, maintenance,repair, improvement, extension, replacement, and inspection of the PHUGA
sewer system; 2)Establish programs and regulations to provide for the appropriate use of the PHUGA sewer
system; 3) Provide for the enforcement of the provisions of this code; 4) Provide for the adoption of
engineering standards,county manuals, and technical specifications; 5) Provide for and promote the health,
safety, and welfare of the general public; 6) Establish charges for constructing, operating, and maintaining
the PHUGA sewer system; and 7) Provide for appeals of certain decisions of the Director of Public Works.
The purpose of this PHUGA sewer system fee schedule is to establish specific monthly customer
rates (monthly user rates, charges for sewer services), system development charges (SDC), and
other fees and charges for the PHUGA sewer system. This schedule shall apply to all rates, charges, and fees
required for operation, maintenance, expansion, administration,replacement, emergency reserve, repair, and
other such aspects of constructing, operating, and maintaining the PHUGA sewer system.
This PHUGA sewer system fee schedule provides specific rates, charges, and fees as authorized
in Chapter 13.05 JCC. This PHUGA sewer system fee schedule is enacted by resolution of the
board of county commissioners.
The Ordinance adopting the Sewer Utility Code for the PHUGA and the Resolution adopting the Sewer Fee
Schedule have been a collaborative effort with both Public Works and the Prosecuting Attorney's Office
(PAO).
Through this Agenda Request, Public Works seeks Board approval of a hearing notice to be published
November 6 and 13 in the newspaper of record for a public hearing before the Board on November 18, 2024,
at 2:00 PM. The hearing will be on the proposed ordinance Jefferson County Code (JCC) Chapter 13 Sewer
Utility Code and the proposed resolution Appendix 1 PHUGA Sewer System Fee Schedule. These
documents,which upon adoption would go into effect on immediately and will be added to the Laserfiche
folder referenced in the attached hearing notice before publication in the newspaper of record.
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ANALYSIS:
Since the adoption of the first Jefferson County Growth Management Act(GMA) Comprehensive Plan in
1998, detailed planning has been ongoing to designate the Irondale Port Hadlock Urban Growth Area
(PHUGA). The development of a sewer system is required to provide urban services in the PHUGA so that
urban development may occur, as required by RCW 36.70A.I 10 under the GMA.
RCW 36.94.020 authorizes Jefferson County to construct, operate and maintain, conduct, and operate
systems of sanitary sewerage, and grants Jefferson County the authority to control, regulate, operate, and
manage such systems of sanitary sewerage.
Public Works developed the"Port Hadlock UGA Sewer Facility Plan"in 2008 and updated the plan in 2021
as the "Port Hadlock UGA Sewer Facility Plan Update. In addition, "Port Hadlock UGA Sewer Facility
Plan"has been adopted as an element of Jefferson County's comprehensive plan, consistent with RCW
36.94.030.
FISCAL IMPACT:
The sewer utility code established charges for construction, operations, and maintenance of the sewer utility.
The fee schedule is based on multiple competing factors: 1)The sewer system is a new utility and the
connection of the individual properties into the Port Hadlock sewer system will be incremental (i.e., monthly
revenue from sewer bills will be phased in as sewer customer connect to the sewer system); 2) Jefferson
County needs urban services to stimulate economic development and the growth of affordable housing; and
3) The new sewer system,especially the membrane bioreactor(MBR)treatment plant,needs incoming
sewer flow to function. Due to the factors outlined above, the proposed revenues from the sewer rates,
which pays for the operations, maintenance and administration of the sewer utility will require the county to
subsidize the sewer utility.
In addition, to encourage development and affordable housing,the fee schedule and the sewer utility code
provide provisions for low-income rates for customers which meet the requirement outlined in JCC Chapter
13.05.030, deferral of System Development Charges(SDCs) for non-profit organizations outlined in JCC
Chapter 13.05.075, and for all new development, no SDCs will be assessed for the first 3 year(2025 year
one)and then a step increase for the next 3 years until $3,000 is reached in 2030.
The sewer rates and system development charges were created from a sewer rate study.
RECOMMENDATION:
Approve the hearing notice so that staff may submit to the newspaper of record a request to publish the
hearing notice in both the November 6, 2024 and November 13, 2024 newspaper issues.
REVIEWED BY:
Mark McCaule ounty Administrator Date
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NOTICE OF PUBLIC HEARING
Port Hadlock Sewer Utility Code Ordinance and Fee Resolution
NOTICE IS HEREBY GIVEN that a public hearing is scheduled by the Jefferson County Board of
Commissioners for Monday,November 18,2024 at 2:00 p.m. in the Commissioners' Chambers,
County Courthouse, 1820 Jefferson Street, Port Townsend, WA 98368 (HYBRID). Notice of said
hearing is to be published twice in the official newspaper of Jefferson County.
This hearing is for the purpose of receiving written and verbal testimony about the adoption of the
draft Jefferson County Port Hadlock Sewer Utility Code Ordinance and Sewer Fee Schedule
Resolution.
The information is available for viewing on the County website by visiting: www.co.jefferson.wa.us
and follow this pathway—Services—Laserfiche Web Portal (username and password is: public)-
Board of Commissioners—BOCC Agenda Packets—2024 Weekly Agenda Items— I I November
2024— 111824—HEARING re JCC Sewer Utility Code
Jefferson County ensures full compliance with Title VI of the Civil Rights Act of 1964 by
prohibiting discrimination against any person on the basis of race, color, or national origin in the
provision of benefits and services resulting from its federally assisted programs& activities. The
meeting site is ADA accessible. Accommodations for people with disabilities can be arranged with
advance notice by calling 360-385-9100.
You are welcome to participate in this hearing. You will need to join the meeting by 10:30 a.m.
using the following methods: VIRTUALLY: Via the following Zoom, link:
https://zoom.us/i/93777841705, PHONE: Dial 1-253-215-8782 and enter access code: 937-7784-
1705# and press *9 to "raise your hand"to be called upon. Access for the hearing impaired can be
accommodated using Washington Relay Service at 1-800-833-6384,or IN-PERSON
In addition,written testimony is also invited beginning on October 30,2024 and ending on November
12,2024,at the end of the Public Hearing, unless extended by the Board of County Commissioners.
Written public testimony may be submitted by Email to:jeflboccaa,co jefferson.wa.us You may view
documents and testimony received by visiting: www.co.jefferson.wa.us and following this pathway—
Services—Laserfiche Web Portal (username and password is: public)—Board of Commissioners—
BOCC Agenda Packets—2024 Weekly Agenda Items— I I November 2024 — 111824—HEARING
re JCC Sewer Utility Code
You can also Mail your testimony to: Jefferson County Commissioners' Office; P.O. Box 1220, Port
Townsend, WA 98368. Written testimony must be received by the Board of County Commissioners by
the end of the hearing testimony period.
Signed this 4t'day of November, 2024,
JEFFERSON COUNTY BOARD OF COMMISSIONERS
Kate Dean, Chair
STATE OF WASHINGTON
County of Jefferson
A Resolution Adopting a Sewer Fee Schedule
for the Port Hadlock Urban Growth Area RESOLUTION NO.
Sewer Utility
WHEREAS, Jefferson County is a political subdivision of the state of Washington as
provided by the Washington State Constitution,Article XI, Section 11 and Title 36 RCW,and may
impose fees to recoup the costs of providing services to the public; and,
WHEREAS,the Irondale Port Hadlock Urban Growth Area("PHUGA") was established
pursuant to the Jefferson County comprehensive plan and Ordinance No. 10-0823-04,as amended;
and,
WHEREAS, the PHUGA sewer system utility is established pursuant to Title 13 of the
Jefferson County Code ("JCC"), for the purpose of developing, operating and maintaining the
PHUGA sewer system pursuant to Chapters 13.01-13.09 of the Jefferson County Code; and,
WHEREAS,pursuant to Chapter 13.05 of the Jefferson County Code,the Board of County
Commissioners may impose fees charged by the PHUGA sewer system utility through its operator,
the Jefferson County Department of Public Works; and,
WHEREAS, Section 3.80.020 JCC authorizes the PHUGA sewer system utility through
its operator,the Jefferson County Department of Public Works,to request adoption of the PHUGA
sewer system fee schedule by resolution; and,
WHEREAS, the PHUGA sewer system fee schedule will establish fees for the PHUGA
sewer system to become operational.
NOW, THERFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF JEFFERSON COUNTY:
Section 1. Whereas Clauses are Findings of Fact. The Whereas clauses above are findings of fact
for this resolution.
Section 2. Purpose. The purpose of this resolution is to establish the PHUGA sewer system fee
schedule to establish fees for the PHUGA sewer system.
Section 3 - PHUGA Sewer System Fee Schedule Adopted. The PHUGA sewer system fee
schedule attached as Appendix 1 is hereby adopted.
Section 4 - SEPA. Adoption of this resolution is categorically exempt from the requirements of
the State Environmental Policy Act pursuant to WAC 197-11-800(19).
Section 5 —Effective Date. This resolution shall take effect on January 1, 2025.
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Section 6: Severability.If any one or more section, subsections, or sentences of this resolution are
held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining
portion of this resolution and the same shall remain in full force and effect.
(SIGNATURES FOLLOW ON THE NEXT PAGE)
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APPROVED and ADOPTED this day of ,2024.
JEFFERSON COUNTY BOARD OF
COMMISSIONERS
Kate Dean, Chair
Greg Brotherton, Member
Heidi Eisenhour, Member
SEAL:
ATTEST:
Carolyn Gallaway Date
Clerk of the Board
Approved as to form only:
Philip C. Hunsucker Date
Chief Civil Deputy Prosecuting Attorney
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APPENDIX 1
PHUGA SEWER SYSTEM FEE SCHEDULE
Section 1. Purpose.
The purpose of this PHUGA sewer system fee schedule is to establish specific monthly customer
rates (monthly user rates, charges for sewer services), system development charges ("SDC"), and
other fees and charges for the Port Hadlock Urban Growth Area("PHUGA") sewer system. This
schedule shall apply to all rates, charges,and fees required for operation,maintenance,expansion,
administration, replacement, emergency reserve, repair, and other such aspects of constructing,
operating, and maintaining the PHUGA sewer system.
This PHUGA sewer system fee schedule provides specific rates, charges, and fees as authorized
in Chapter 13.05 JCC. This PHUGA sewer system fee schedule is enacted by resolution of the
board of county commissioners.
Copies of this PHUGA sewer system fee schedule shall be available to the public at Jefferson
County Public Works Office website and physically at 623 Sheridan St., Port Townsend, WA
98368 and the Public Utility District No. 1 of Jefferson County Office (310 Four Corners Road,
Port Townsend, WA 98368, and will be mailed to any customer upon request.
Section 2. Annual fee adjustment.
Except for SDCs,the Annual adjustments to sewer service charges shall occur automatically every
year without the requirement of a separate action by the board of county commissioners, as
required by JCC 3.80.030.
Automatic CPI fee increases will be deferred in 2026 and will begin as of January 1, 2027.
Section 3. monthly sewer usage charges—residential.
Each residential sewer customer shall pay a flat monthly sewer usage charge as required pursuant
to JCC 13.05.050. Charges for residential customers are shown in Table 3-1, below.
Table 3-1 — Residential User Charges
Residential Customer ERU Multiplier for Base Rate Monthly Rate
Class
NONE-
Single-family residence 1.0 ERU per dwelling unit X Base Rate $80.00 per month
Duplex 0.9 ERU per dwelling unit X Base Rate $72.00 per month
Accessory Dwelling Unit 0.7 ERU per ADU X Base Rate $56.00 per month
ADU
Multifamily dwelling 0.7 ERU per dwelling unit X Base Rate $56.00 per month
Mobile home park 0.7 ERU per dwelling unit X Base Rate $56.00 per month
Residential vehicle park 0.7 ERU per dwelling unit X Base Rate $56.00 per month
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Section 4. Monthly sewer usage charges—non-residential.
Each non-residential sewer customer shall pay a monthly sewer usage charge pursuant to JCC
13.05.050. Non-residential monthly user rates are calculated using a base rate plus a volume
charge per gallon for metered water usage greater than 4,000 gallons per month. The minimum
non-residential monthly rate will not be less than the base rate as defined in JCC 13.02.020.
Charges for non-residential customers are shown in Table 4-1, below.
Table 4-1 —Nonresidential Customer Char es
Nonresidential ERU Multiplier for Base Rate Withly Rate
Customer Class
All non-residential Additional high strength waste Additional high strength
customers charges may apply waste char es may apply
All non-residential 1.0 ERU per sewer connection $80.00 per month
customers,using up to
4,000 gallons per month
All non-residential 1.0 ERU per sewer connection, $80.00 per month,plus
customers, using more plus volume charge per gallon $0.025 times the number of
than 4,000 gallons or based on metered water usage of gallons greater than 4,000
more per month 1 4,000 gallons or more per month I per month
Section 5. High-strength wastewater charges.
(1) This section establishes charges applied to non-residential customers who generate waste
strength that exceeds certain parameters, have high variability in waste loadings, or require
pretreatment as administered by the Washington State Department of Ecology. These special
charges will equitably reflect the costs of treating such wastes.
(2) Chemical terms used below are defined in Chapter 13.02 JCC.
(3) A charge for high-strength waste shall be added to the non-residential monthly user base
rate and volume charge as shown in Table 5-1. The charge for high strength waste shall be
determined based on the cost of treating higher wastewater strengths by the PHUGA sewer system.
(4) Determination of the strength of the wastewater will be based on actual wastewater strength
testing by: Applying standard engineering data for the type of facility discharging the wastewater
until actual wastewater testing results become available by the facility; or, use of a formula.
(5) High-strength wastewater charges are applied to all metered water use(not just the portion
above 4,000 gallons)as determined from the customer's Jefferson County PUD#1 domestic water
bill.
(6) Additional strength-based wastewater charges are shown in Table 5-1, below.
Table 5-1 —Additional High-Strength Wastewater Charges
Per Each Component Listed Below
BOD at 301 m to 500 m To be determined two years after startup
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Table 5-1 —Additional High-Strength Wastewater Charges
Per Each Com onent Listed Below
BOD at 501 m to 900 m To be determined two years after startup
BOD at greater than 900 m $0.0125 per gallon
TSS at 301 m to 500 m To be determined two years after startup
TSS at 501 m /L to 900 m To be determined two years after startup
TSS at greaterthan 900 m $0.0125 per gallon
(7) If the director determines that use of Table 5-1, above does not accurately reflect the costs
for treating a non-residential customer's high-strength waste, the director may require wastewater
metering and monitoring as described below.
(a) Metering.The wastewater flow into the PHUGA sewer system will be metered at the point
where the customer's facility discharges wastewater into the PHUGA sewer system. The
cost of installation and maintenance of the meter shall be paid by the customer. The flow-
metering installation at the customer's facility shall be calibrated quarterly and equipped
with a totalizer. The customer shall conduct daily monitoring that includes at least a check
of the primary element of the flow meter for obstructions and a visual check of all other
elements of the installation for normal operation. A daily log shall be kept by the customer
in which all maintenance operations performed and any abnormalities observed shall be
noted. The totalizer reading shall also be recorded daily in the log. At the end of each
month, the average daily flow during the month shall be determined by using all the valid
data collected during the month(total flow divided by days of operation).
(b) BOD and Suspended Solids Monitoring. The property being monitored shall be equipped
with an automatic liquid sampling device that shall be integrated with the flow-metering
installation in such a manner that wastewater samples can be collected on a flow-weighted
basis and stored. A composite sample shall be prepared weekly or as required by the
director, from all samples collected during a uniform 24-hour period. The BOD and TSS
of each sample shall be determined and recorded in the log. At the end of each month, the
average BOD and TSS during the month shall be determined by using all the valid data
collected during the month.After a period of one year,the county may reduce the frequency
of monitoring, provided there are no other constraints such as a Washington State
Department of Ecology permit precluding less frequent monitoring.
(c) Records. The customer shall maintain records of all information resulting from any
monitoring activities. Such records for all samples shall include:
(i) The date, exact place,method and time of sampling;
(ii) The names of persons taking the sample;
(iii) The date the analysis was done;
(iv) The names of persons doing the analysis;
(v) The analytical techniques used; and,
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(vi) The results of the analysis.
(d) Calculation of Maintenance and Operation Monthly User Charge. The data collected from
the metering and monitoring program shall be used to calculate the share of the additional
treatment costs, over and above the base rates, for treating high-strength wastewater when
the methodology in Table 5-1 is not used. The following formula will be used to determine
the proportional percentage of the treatment expenses for the high-strength wastewater.
This formula will determine the high-strength component of a customer's monthly charge,
and, when added to the base rate,constitutes the full monthly rate:
High Strength charge= Cost Factor x monthly PHUGA treatment facility Operations and
Maintenance (O&M)cost.
Cost Factor= (Vf/Vc)(0.2 +0.4 BODfBODc +0.4 TSSf/TSSc).
Where:
Vf= average daily wastewater flow (in gallons) from the property facility during billing
period.
Vc= average daily wastewater flow for the PHUGA wastewater treatment facility plant
during billing period(gallons).
BODf= average daily five-day BOD concentration of wastewater from the property during
billing period.
BODc= average daily five-day BOD concentration of wastewater during billing period.
TSSf= average daily TSS concentration of wastewater from the customer's facility during
billing period.
TSSc = average daily TSS concentration of wastewater of during billing period.
(e) Lab Testing. One set of BOD, O&G (fat, oil and grease), TSS (total suspended solids),
VSS (volatile suspended solids) and pH tests will be required on a composite sample
collected by the sewer customer on a weekly basis,or other tests and/or testing intervals as
determined by the director,while the facility discharges to the PHUGA sewer system.Fees
for the required tests shall be paid by the customer. The customer shall have all testing
done by a lab that is certified by the Washington State Department of Ecology to perform
the required analysis.
Section 6. System Development Charges ("SDC").
(1) System development charges ("SDC") shall be collected from customers as required by
JCC 13.05.070.
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(2) An SDC represents a property's equitable share of the capital cost of the facilities to serve
the sewer connection. Current and future capital costs for providing wastewater treatment,
collection, conveyance, and disposal or re-use are used in the determination of SDCs. SDCs for
connection to the P1 UGA sewer system are planned as shown in Table 6-1, below.
Table 6-1 —System Develo went Charges Per ERU
Year SDC per ERU
2025 $0.00
2026 $0.00
2027 $0.00
2028 $1,000.00
2029 $2,000.00
2030 $3,000.00
After 2030 To Be Determined
(3) SDCs are based on the ERU for each property that will connect to the PHUGA sewer system.
ERU determinations for the purpose of calculating SDCs for residential and non-residential
facilities are established in JCC 13.05.070.
Section 7. Other Charges Listed in JCC 13.05.080.
Charges and fees for the other charges listed in JCC 13.05.080 are in Table 7-1, below.
Table 7-1 —Other Charges Listed in JCC 13.05.080
Charge Type Description Charge Per Permit, Service
or Assessment
Hourly Rate Hourly fee amount for all $75.00 per hour
charges based on hourly fees,
including hourly fees after a
base charge has been
exceeded
Sewer Connection Permit Intake and processing of any Base charge:2 $300.00; plus,
Charge application for a sewer any additional fee based on
connection permit. Base hourly rates
charge is for an estimated 4
hours of review.
Pretreatment Treatment Intake and processing of any Base charge:2 $300.00; plus,
Facility Permit Charge application for a pretreatment any additional fee based on
facility permit. Base charge hourly rates
is for an estimated 4 hours of
review.
Prohibited Waste Discharge Intake and processing of any Base charge:2 $300.00; plus,
Permit Charge application for a prohibited any additional fee based on
waste discharge permit. Base hourly rate
charge is for an estimated 4
hours of review.
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Table 7-1 —Other Charges Listed in JCC 13.05.080
Charge Type Description Charge Per Permit, Service
or Assessment
On-site Sewer Installation or On-site inspection of sewer $75.00 per hour
Connection Inspection installation or connection
Service Fee when necessary or requested
by customer, developer or
property owner
Right-of-way Application Fee Intake and processing of any See department's fee
application for work in schedule
county right-of-way required
by JCC 13.04.090.
Maintenance Service Fee Fee for maintenance of any $75.00 per hour
PHGUA sewer system
component requested by a
customer, developer or
property owner
Equipment Supply and Fee for work performed by $75.00 per hour;plus, the
Replacement Fee the county or the county's actual cost of purchasing any
agent or contractor to supply equipment or any other
equipment or replace materials with an overhead
equipment charge of 10%
Labor, Equipment and Fee for sewer work on $75.00 per hour; plus,the
Materials Fee performed by the county or actual cost of renting any
the county's agent or equipment or purchasing any
contractor that was requested materials with an overhead
by a customer, developer or charge of 10%
property owner
On-Site Sewage System Fee for decommissioning or Fee set by: State statute or
Decommissioning Permit and inspecting any on-site sewage regulation; Jefferson County
Inspection Charge system by the Jefferson ordinance or resolution; or,
Public Health Department the Jefferson County Public
Health Director
Disconnection Permit Charge Intake and processing of any Base charge:2 $150.00; plus,
application for a any additional fee based on
disconnection permit. Base hourly rates
charge is for an estimated 2
hours of review.
Annual Fee for Inspection of Annual inspection fee Base charge:2 $150.00; plus,
Grease Traps and Interceptors establishments that discharge any additional fee based on
or may discharge in the future hourly rates
fats, oils and greases
("O&G") in concentrations
greater than 100 mg/l,
including all food service
establishments "FSE" , food
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Table 7-1 —Other Charges Listed in JCC 13.05.080
Charge Type Description Charge Per Permit, Service
or Assessment
manufacture and processors
("IMP")
Charge for Removal of All costs and expenses of any At actual cost to the PHUGA
Unauthorized Connections or type incurred to remove, sewer utility
Taps to the PHUGA sewer disconnect, and dispose of the
system unauthorized tap or
connection
Application Fee for Charge for processing Base charge:2 $300.00; plus,
Processing Latecomer proposed latecomer any additional fee based on
Assessment agreement under Chapter hourly rates
13.08 JCC. Base charge is
for an estimated 4 hours of
review
Administrative Fee for Fee for Administering the One percent of the estimated
Administering the Latecomer Latecomer Process per JCC cost of construction
Process 13.08.150
Cost of Security for Cost of security for PHUGA At actual cost to the PHUGA
Installation of PHUGA Sewer sewer system improvements sewer utility
System Improvements for latecomer agreements, as
required by RC W
35.91.120 1 a v
Costs of Installation of Cost of installation for At actual cost to the PHUGA
PHUGA Sewer System PHUGA sewer system sewer utility
Improvements improvements for latecomer
agreements, as required by
RCW 35.91.120 1 a vi
Assessments for PHUGA Latecomer assessments per Calculated per the
Sewer System Improvement Chapter 13.08 JCC requirements in Chapter
13.08 JCC
Defective Work Charge Charge for defective work per As required by JCC
JCC 13.08.110 13.08.110
Segregation Application Fee Intake and processing of any Base charge:2 $300.00;plus,
application for segregation any additional fee based on
under JCC 13.08.120. Base hourly rates
charge is for an estimated 4
hours of review.
Developer Reimbursement Charge for the administrative 5%of the reimbursement
Payback Processing Fee cost for processing latecomer amount paid by any customer
payments to a developer for connecting to the sewer,
where a latecomer agreement
applies
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Table 7-1 — Other Charges Listed in JCC 13.05.080
Charge Type Description Charge Per Permit, Service
or Assessment
Filing Fee for Hearing Fee for appeal of (1) Base charge:2
Examiner Appeal under interpretation, $750.00; plus, any additional
Chapter 13.08 JCC implementation, or a decision fee based on hourly rates;
of the director concerning (2) Public hearing notice:
administration of Chapter $149.00;
13.08 JCC (Assessment (3) Hearing Examiner
Reimbursement Areas and fee: $1,298.44; and,
Latecomer Agreements). (4) Actual cost to the
Base charge is for an PHUGA sewer utility for
estimated 10 hours of review. expenses, including facilities,
etc.
Marine Vessel Holding Tank Fee related to any water $0.08 per gallon
Discharge Fee testing required by the
director from any marine
vessel holding tank
Grinder Pump Damage Fee Fee for damage caused to a At actual cost to the PHUGA
grinder pump by any person sewer utility, but not less than
$250.00.
Special Assessment Per JCC 13.05.090, Special As required by JCC
assessments for Local 13.05.090 and Chapter 13.09
Improvement Districts JCC
("LIDs") or Utility Local
Improvement Districts
("ULIDs") shall be charged
and paid as authorized by
statute and pursuant to the
specific plan and program of
each improvement district as
authorized under Chapter
13.09 JCC
Delinquent Payment Charge Charge for any delinquent 5 percent of the delinquent
payment plus interest per JCC amount
13.05.100
Recording Fee Fee to record easements and Fee set by: State statute or
other documents at the regulation; Jefferson County
Jefferson County Auditor's ordinance or resolution; or,
Office the Jefferson County Auditor
Filing Fee for Hearing Fee for appeal under Chapter (1) Base charge:2
Examiner Appeal under 13.09 JCC (Appeals). Base $750.00; plus, any additional
Chapter 13.09 JCC charge is for an estimated 10 fee based on hourly rates;
hours of review. (2) Public hearing notice:
$149.00;
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Table 7-1 —Other Charges Listed in JCC 13.05.080
Charge Type Description Charge Per Permit, Service
or Assessment
(3) Hearing Examiner
fee: $1,298.44; and,
(4) Actual cost to the
PHUGA sewer utility for
expenses, including facilities,
etc.
Other administrative and Charge for other costs not At actual cost to the PHUGA
management charges as listed above incurred by the sewer utility
necessary to reimburse costs PHUGA as a result of any
incurred by the PHUGA request, act or omission of
sewer utility to provide any customer, developer or
sanitary sewer service I propertyowner
'All charges are subject to the annual fee adjustment authorized in JCC 13.05.020.
2Base charge is the minimum amount charged and must be paid at the time of application.Hourly
rates apply and will be charged after the estimated time for the base charge has been exceeded.
Base charge shall be paid at time of application.
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STATE OF WASHINGTON
COUNTY OF JEFFERSON
An Ordinance Adopting a Sewer Utility Code
for the Port Hadlock Urban Growth Area,
with New Chapters 13.01, 13.02, 13.03, 13.04,
13.05, 13.06, 13.07, 13.08, and 13.09 of the ORDINANCE NO.
Jefferson County Code and Amending JCC
2.30.080 and JCC 19.10.010
WHEREAS, RCW 36.94.020 authorizes Jefferson County to construct, operate and
maintain, conduct, and operate systems of sanitary sewerage, and grants Jefferson County the
authority to control, regulate, operate, and manage such systems of sanitary sewerage; and,
WHEREAS, the Washington Constitution, Article XI, Section 11, confers upon county
legislative authorities the police power to adopt regulations necessary to protect the health, safety,
and well-being of its residents; and,
WHEREAS,RCW 36.32.120(7)provides that the county legislative authorities shall make
and enforce, by appropriate resolutions or ordinances, all such police and sanitary regulations as
are not in conflict with state law; and,
WHEREAS, local governments have considerable latitude in exercising police powers
through enacting reasonable regulations. A regulation is reasonable if it promotes public safety,
health, or welfare, and bears a reasonable and substantial relation to accomplishing the purpose
being pursued; and,
WHEREAS, detailed planning for the designation of an Irondale Port Hadlock Urban
Growth Area ("PHUGA") in compliance with the requirements of the Growth Management Act
("GMA") started and has been ongoing since the adoption of the first Jefferson County GMA
Comprehensive Plan in 1998; and,
WHEREAS, development of a sewer system is required to provide urban services in the
PHUGA so that urban development may occur, as required by RCW 36.70A.I 10 under the GMA;
and,
WHEREAS, Jefferson County needs urban services to stimulate economic development
and the growth of affordable housing; and,
WHEREAS, the University of Washington College of the Built Environment currently
ranks Jefferson County as the second least affordable county in Washington based on median home
prices compared to wages; and,
WHEREAS, the Department of Public Works developed the "Port Hadlock UGA Sewer
Facility Plan"in 2008 and updated the plan in 2021 as the"Port Hadlock UGA Sewer Facility Plan
Update;"and,
WHEREAS,the"Port Hadlock UGA Sewer Facility Plan"has been adopted as an element
of Jefferson County's comprehensive plan, consistent with RCW 36.94.030; and,
1
WHEREAS, the Port Hadlock UGA Sewer Facility Plan, as updated, meets the
Washington Administrative Code ("WAC") requirements for comprehensive sewer plans and
engineering reports (see WAC 173-240-050 and WAC 173-240-060), and the requirements for
facility plans established in the Code of Federal Regulations("CFR") (see 40 CFR Part 35.2030);
and,
WHEREAS, through the tireless efforts of many individuals, including local, state and
federal elected officials; the department of public works director Monte Reinders, and other
employees of Jefferson County,sufficient funding was secured by Jefferson County to develop the
PHUGA sewer system; and,
WHEREAS, the development of the Port Hadlock UGA sewer system ("PHUGA sewer
system") is consistent with Goal CF-6 of the Jefferson County Comprehensive Plan Goal CF-G-
6, which states: "Promote sanitary sewer systems that accommodate growth, are cost-effective to
construct and operate, and are consistent with the Comprehensive Plan; and,
WHEREAS,the PHUGA sewer system is being installed in Port Hadlock; and,
WHEREAS,to become operational, the Board of County Commissioners needs to adopt
a sewer utility code; and,
WHEREAS, RCW 36.94.130 authorizes the board of county commissioners to adopt by
reasonable rules and regulations governing the construction, maintenance, operation, use,
connection and service of the system of sanitary sewerage; and,
NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of
Jefferson County, Washington as follows:
Section 1. Whereas Clauses are Findings of Fact. The Whereas clauses above are findings of fact
for this ordinance.
Section 2. PWose. The purpose of adoption of the PHUGA sewer utility code is to:
(1) Provide for the planning, design, construction, use, maintenance, repair,
improvement, extension, replacement, and inspection of the PHUGA sewer system;
(2) Establish programs and regulations to provide for the appropriate use of the
PHUGA sewer system;
(3) Provide for the enforcement of the provisions of this code;
(4) Provide for the adoption of engineering standards, county manuals, and technical
specifications;
(5) Provide for and promote the health, safety, and welfare of the general public;
(6) Establish charges for constructing, operating, and maintaining the PHUGA sewer
system; and,
(7) Provide for appeals of certain decisions of the Director of Public Works.
2
Section 3. Adoption of PHUGA Sewer Utility Code. The PHUGA sewer utility code as set out in
Appendix A is hereby adopted.
Section 4. Miscellaneous Amendments. Miscellaneous amendments to implement the PHUGA
sewer utility code to JCC 2.30.080 and JCC 19.10.010 as set out in Appendix B are hereby adopted.
Section 5. SEPA Compliance.
In 2009, the County incorporated the Port Hadlock UGA Sewer Facility Plan (2008) ("Sewer
Plan") into the County's Comprehensive Plan Capital Facilities Element("CFE")to comply with
the Growth Board's decision finding noncompliance with the County's Urban Growth Area
("UGA") and GMA capital facilities planning. Ordinance No. 03-0323-09 (Re: MLA09-00024,
UGA Final Compliance Action). Ordinance No. 03-0323-09 states:
WHEREAS, Jefferson County issued an Addendum document pursuant to the
Washington State Growth Management Act and State Environmental Policy Act
(SEPA) on February 4, 2009, which is hereby incorporated by reference;
WHEREAS, the SEPA Responsible Official at the Department of Community
Development has determined that existing environmental documents, augmented
by the integrated SEPA Addendum, provide adequate environmental review to
satisfy the requirements of WAC 197-11-600;
Ordinance No. 03-0323-09 at 3.
4. The Department of Public Works and Community Development have
drafted a feasible financing plan for a sanitary sewer system for the first six years,
have completed sound engineering for effluent discharge that will not harm the
environment, and have provided for the economic needs of the local population,
now and into the future.
Ordinance No. 03-0323-09 at 4.
6. The following environmental documents have been adopted pursuant to
SEPA administrative rules:
• Draft and Final Environmental Impact Statements (DEIS/FEIS) and
addenda prepared in anticipation of adoption of the Comprehensive Plan in
1998. The DEIS and FEIS are dated February 24, 1997 and May 27, 1998,
respectively,and examined the potential cumulative environmental impacts
of adopting alternative versions of the Comprehensive Plan.
• Draft and Final Supplemental EIS (DSEIS/FSEIS) and addenda for the
Comprehensive Plan 1999 Amendments,also known as Tasks III and IV of
the Tri-Area/ Glen Cove Special Study. The DSEIS and FSEIS are dated,
June 30, 1999 and August 18, 1999, respectively, and examined the
potential environmental impacts of adopting one of the identified planning
alternatives for the Tri-Area of Chimacum-Port Hadlock-Irondale and the
Glen Cove mixed use area.
3
• DCD Integrated Staff Report and DSEIS/FSEIS for the 2002, 2003, 2004,
2005 and 2006 Comprehensive Plan Amendment Dockets. Amidst other
information, the adopted documents provide background and analysis on
the designation of a UGA in the Irondale&Port Hadlock area.
• DCD Integrated GMA/SEPA Staff Report dated February 21, 2007.
• DCD Integrated GMA/SEPA Staff Report dated February 4, 2009.
Ordinance No. 03-0323-09 at 4-5. As amended, the Comprehensive Plan incorporated the entire
Sewer Plan and it was added as an Appendix to the CFE. Ordinance No. 03-0323-09 at 83. A copy
of the SEPA checklist was included in the Sewer Plan—Environmental Report and SEPA
Checklist. Details from the Sewer Plan were directly incorporated into the Comprehensive Plan's
6-year CFP. Ordinance No. 03-0323-09 at 79.
The Sewer Plan is an engineering document;however,in addition to the engineering specifications
it adopted a 6-year and 20-year financing plan to implement the 2008 Sewer Plan or its alternatives.
Id. The Growth Board found that the County's CFE, Capital Facilities Plan ("UP"), and Sewer
Plan's met GMA planning requirements with a financing plan, service areas,phasing, component
details,and consistency.Irondale Community Action Neighbors(ICAN) et al. v. Jefferson County,
WWGMHB No. 07-2-0012c, at 7-10 (Compliance Order, May 1, 2009).
The Sewer Plan was updated in 2021. Port Hadlock UGA Sewer Facility Plan Update and
Appendices (Feb. 2021). The revisions to the Sewer Plan mostly related to funding, engineering
specifications (low pressure system with grinders), and minor modifications to the core service
area. The revisions allowed the County to implement sewering the core service area within six
years. A Comprehensive Plan Amendment (MLA20-00102) was adopted for the updated Sewer
Plan in Ordinance No. 01-0426-21, when the 2020 Comprehensive Plan Docket was approved.
Ordinance No. 01-0426-21 included a SEPA review through a staff issued Addendum to the 1998
Draft and Final Jefferson County Comprehensive Plan Environmental Impact Statements ("EIS")
and subsequent Supplement EISs, and a SEPA Checklist and Addendum that addressed the 2020
Docket items, including the proposed revisions to the Comprehensive Plan. Ordinance No. 01-
0426-21 at 2.
The County published a SEPA Addendum on February 28, 2021. The SEPA Addendum and
supporting SEPA Environmental Checklists provide additional information relating to the
Jefferson County Final Environmental Impact Statement ("Final EIS"), May 27, 1998 and
associated SEPA documents.These SEPA documents were adopted and the additional information
was determined not to involve significant new impacts. A Determination of Significance and
Notice of Adoption was published on February 28, 2021. Ordinance No. 01-0426-21 at 8.
An agency may use previously prepared environmental documents to evaluate proposed actions,
alternatives, or environmental impacts. The proposals may be the same as or different than those
analyzed in the existing documents(WAC 197-11-600(2)). These documents are listed in response
to Question 8 of the SEPA Environmental Checklist and in the Addendum and were adopted in
association with the Comprehensive Plan and development regulations adopted in Ordinance No.
01-0426-21. This ordinance is within the scope of the previous EIS documents and the February
28, 2021 Determination of Significance and Notice of Adoption.
Section 10. Effective Date: This ordinance shall take effect immediately upon adoption.
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(SIGNATURES FOLLOW ON NEXT PAGE)
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ADOPTED this day of 2024.
JEFFERSON COUNTY
BOARD OF COUNTY COMMISSIONERS
SEAL:
Kate Dean, Chair
Greg Brotherton, Member
ATTEST:
Heidi Eisenhour, Member
APPROVED AS TO FORM:
Carolyn Gallaway, Date Philip C. Hunsucker, Date
Clerk of the Board Chief Civil Deputy Prosecuting Attorney
6
APPENDIX A
SEWER UTILITY CODE FOR
THE IRONDALE AND PORT HADLOCK URBAN GROWTH AREA
Chapters 13.01 through 13.09 of the Jefferson County Code
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Table of Contents
Chapter 13.01 General Provisions
Sections:
13.01.010 Port Hadlock UGA sewer utility created.
13.01.020 Purpose.
13.01.030 Construction and Severability.
13.01.040 Minimum requirements and conflict of provisions.
13.01.050 Responsibilities of the sewer utility.
13.01.060 County not liable for damages.
Chapter 13.02 Definitions
Sections:
13.02.005 Interpretation of terms- general rules.
13.02.010 "A"definitions.
13.02.020 `B"definitions.
13.02.030 "C"definitions.
13.02.040 "D"definitions.
13.02.050 "B"definitions.
13.02.060 "F"definitions.
13.02.070 "G"definitions.
13.02.080 "H"definitions.
13.02.090 "1"definitions.
13.02.100 "J"definitions.
13.02.110 "K"definitions.
13.02.120 "L"definitions.
13.02.130 "M"definitions.
13.02.140 "N"definitions.
13.02.150 "O"definitions.
13.02.160 "P"definitions.
13.02.170 "Q"definitions.
13.02.180 "R"definitions.
13.02.190 "S"definitions.
13.02.200 "T"definitions.
13.02.210 "U"definitions.
13.02.220 "V"definitions.
13.02.230 "W' definitions.
13.02.240 "X" definitions.
13.02.250 "Y"definitions.
13.02.260 "Z" definitions.
Chapter 13.03 Authority and Relationship to Plans
Sections:
13.03.010 Authority.
13.03.020 Technical standards and specifications incorporated by reference.
8
Chapter 13.04 Connection to PHUGA Sewer System
Sections:
13.04.010 Connection-when required or permitted.
13.04.020 Mobile home park requirements.
13.04.030 PHUGA sewer system extension.
13.04.040 Sewer connection permit required for connection.
13.04.050 Exception to sewer connection requirement.
13.04.060 Sewer easements required as a condition of sewer connection permit.
13.04.070 Construction or alteration of PHUGA sewer system components—requirements.
13.04.080 Location of building sewer and side sewer connection.
13.04.090 Work in WSDOT or county right of way.
13.04.100 Inspection of work by director.
13.04.110 Ownership and maintenance of PHUGA sewer system components.
13.04.120 Disconnecting from the PHUGA sewer system.
Chapter 13.05 Sewer Charges
Sections:
13.05.005 Purpose.
13.05.010 Establishment of PHUGA sewer system customer charges.
13.05.020 Annual fee adjustment.
13.05.030 Discounted charges for sewer service for qualifying customers.
13.05.040 Billing methodology.
13.05.050 Determination of monthly user charges.
13.05.060 High-strength wastewater charge.
13.05.070 System development charge.
13.05.075 Waiver or deferral of system development charge ("SDC") for low-income housing.
13.05.080 Other charges.
13.05.090 Special assessments.
13.05.100 Delinquent payment—interest and liens.
13.05.110 Periodic Fee Review.
Chapter 13.06 Discharge Restrictions, Pretreatment Requirement, and
Prohibited Waste Discharge Permits
Sections:
13.06.010 Industrial and commercial pretreatment of discharge required.
13.06.020 Discharge limitations.
13.06.025 Grease traps and grease interceptors.
13.06.030 Pretreatment requirements.
13.06.035 Standards and conditions for discharge of industrial wastewater,chemicals of concern,
or prohibited wastes.
13.06.040 Inspection to ascertain character of wastewater.
13.06.050 Discharge from mobile tanks.
13.06.060 Violator liable for costs.
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Chapter 13.07 Enforcement and Remedies for Misuse of PHUGA Sewer System
Sections:
13.07.010 Violations and remedies.
13.07.020 Enforcement authority.
13.07.030 Action authorized pursuant to title 19 JCC.
13.07.040 Administrative fines and penalties.
13.07.050 Civil liability for removal of unauthorized connections or taps.
13.07.060 Civil liability of dischargers for expenses and fines for violations of permits issued to
the PHUGA sewer system utility caused by them.
13.07.070 Administrative appeal.
13.07.090 Criminal penalties.
13.07.090 Remedies nonexclusive.
Chapter 13.08 Assessment Reimbursement Areas and Latecomer Agreements
Sections:
13.08.010 Authority and purpose.
13.08.020 Applicability.
13.08.030 Application—contents and requirements.
13.08.040 Review and approval of application for utility system improvement.
13.08.050 Preliminary determination.
13.08.060 Preliminary determination notice.
13.08.070 Latecomer agreement.
13.08.080 Execution, notice, and recording.
13.08.090 Construction—final costs and conveyance.
13.08.100 Defective work.
13.08.110 Payment of latecomer assessments—remittance to developer.
13.08.120 Segregation.
13.08.130 Term of latecomer agreements.
13.08.140 County fees.
13.08.150 Appeal.
13.08.160 Enforcement of latecomer obligations.
13.08.170 County participation authorized.
13.08.180 Interpretation and consistency with state law.
Chapter 13.09 APPEALS
Sections:
13.09.010 Applicability.
13.09.015 Appeal procedures in this chapter to be supplemented by title 19 JCC.
13.09.020 Appeal and administrative hearing officer.
13.09.030 Service of administrative hearing notice.
13.09.040 Administrative hearing procedure.
13.09.050 Administrative hearing decision.
13.09.060 Issuance of administrative hearing decision.
13.09.070 Appeal to the hearing examiner.
13.09.080 Hearing examiner appeal procedure, decision,payment of costs, and judicial review.
13.09.090 Final decision.
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Chapter 13.01 General Provisions
Sections:
13.01.010 Port Hadlock UGA sewer utility created.
13.01.020 Purpose.
13.01.030 Construction and Severability.
13.01.50 Minimum requirements and conflict of provisions.
13.01.050 Responsibilities of the sewer utility.
13.01.060 County not liable for damages.
13.01.070 Operator of the Port Hadlock UGA sewer utility
13.01.010 Port Hadlock UGA sewer utility created.
(1) RC W 3 6.94.020 authorizes counties to provide sewer service.
(2) The board of county commissioners establishes a sewer utility for the Port Hadlock UGA,
for the purpose of developing, operating, and maintaining the PHUGA sewer system.
(3) The sewer utility governed by this division of the Jefferson County code shall be known as
the Port Hadlock UGA Sewer System Utility ("PHUGA sewer system utility").
(4) The PHUGA sewer utility shall be developed, operated, and maintained in a manner
consistent the Port Hadlock UGA Sewer Facility Plan (2008), as periodically updated.
(5) Chapters 13.01 through 13.09 of the Jefferson County Code shall be known as the
"PHUGA sewer utility code."
(6) This PHUGA sewer utility code is enacted pursuant to the police power of Jefferson
County, a political subdivision of the State of Washington, as set forth in article 11, section 11 of
the Washington State Constitution, to protect the public health, safety, and welfare of the citizens
of Jefferson County and chapter 36.94 RCW.
13.01.020 Purpose.
The purpose of this PHUGA sewer utility code is to:
(1) Provide for the planning, design, construction, use, maintenance, repair, improvement,
extension,replacement, and inspection of the PHUGA sewer system;
(2) Establish programs and regulations to provide for the appropriate use of the PHUGA sewer
system;
(3) Provide for the enforcement of the provisions of this PHUGA sewer utility code;
(4) Provide for the adoption of engineering standards, county manuals, and technical
specifications;
(5) Provide for and promote the health, safety, and welfare of the general public;
(6) Establish charges for constructing, operating, and maintaining the PHUGA sewer system;
and,
(7) Provide for appeals of certain decisions of the director of the department of public works.
13.01.030 Construction and Severability.
(1) Liberally construed. The provisions of this PHUGA sewer utility code shall be liberally
construed to accomplish the purposes of this PHUGA sewer utility code as enumerated in JCC
13.01.020.
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(2) Severability. If any provision of this PHUGA sewer utility code, engineering standards, or
related manuals, or its application td any person or circumstance, is determined to be invalid by a
court of competent jurisdiction, all other provisions of the code, engineering standards, or related
manuals,or the application of the provision to other person or circumstances are not affected.Any
offending provision of the code, engineering manual, or related manuals shall be severable from
the remainder.
13.01.040 Minimum requirements and conflict of provisions.
(1) The requirements of this PHUGA sewer utility code are the minimum requirements for the
use and management of the PHUGA sewer system, and shall not be construed to prevent the
enforcement of more stringent standards imposed by other federal, state, or local law and
regulations.
(2) Should a conflict occur between the provisions of this code, the engineering standards or
manuals adopted by the county in relation to this code, the most restrictive requirement shall be
applied, except when constrained by federal, state, or local law.
13.01.050 Responsibilities of the sewer utility.
The PHUGA sewer system utility is responsible for providing service to customers within the Port
Hadlock UGA, subject to the requirements of this PHUGA sewer utility code, other provisions of
the Jefferson County Code, and applicable state and federal law. The responsibilities of the utility
include the following:
(1) Development of a comprehensive sewer plan for the PHUGA sewer system;
(2) Collection, treatment, and disposal of domestic, commercial, and industrial wastewater in
accordance with federal and state regulations;
(3) Establishment of charges for collection,treatment, and disposal of wastewater that provide
adequate revenue for administration, operation, and maintenance of the PHUGA sewer system;
and,
(4) Provision for customer billing services and processes that are fair, equitable, and in
compliance with accepted accounting principles.
13.01.060 County not liable for damages.
(1) The county shall not be liable for damages for loss of production, sales, or service if the
PHUGA sewer system fails or is curtailed,suspended,interrupted or interfered with,for any cause
reasonably beyond the county's control. Such failure, curtailment, suspension, interruption, or
interference shall not be held to constitute a breach of contract on the part of the county, or in any
way affect any liability for payment for PHUGA sewer system services made available or for
money due on or before such occurrence.
(2) Nothing contained in this code is intended nor shall be construed to create or form the basis
for any liability on the part of the county, its officers, employees, or agents, for any injury or
damage resulting from the failure of property owners or responsible parties to comply with the
provisions of this code, engineering standards, related manuals, technical specifications, or
enforcement orders under Title 19 JCC related to this code.
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13.01.070 Operator of the Port Hadlock UGA sewer utility.
The department under the direction of the director shall operate the PHUGA sewer utility. The
director, with the concurrence of the board of county commissioners may enter into agreements
with other persons for the operation of the PHUGA sewer utility.
•
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Chapter 13.02 Definitions
Sections:
13.02.005 Interpretation of terms- general rules.
13.02.010 "A"definitions.
13.02.020 `B"definitions.
13.02.030 "C"definitions.
13.02.040 "D"definitions.
13.02.050 "B"definitions.
13.02.060 "F"definitions.
13.02.070 "G"definitions.
13.02.080 "H"definitions.
13.02.090 "1" definitions.
13.02.100 "J"definitions.
13.02.110 "K" definitions.
13.02.120 "L"definitions.
13.02.130 "M"definitions.
13.02.140 "N"definitions.
13.02.150 "O"definitions.
13.02.160 "P"definitions.
13.02.170 "Q"definitions.
13.02.180 "R"definitions.
13.02.190 "S"definitions.
13.02.200 "T"definitions.
13.02.210 "U"definitions.
13.02.220 "V"definitions.
13.02.230 "W'definitions.
13.02.240 "X"definitions.
13.02.250 "Y"definitions.
13.02.260 "Z"definitions.
13.02.005 Interpretation of terms -general rules.
The following rules apply to interpretation of words as used in this PHUGA sewer utility code:
(1) All words shall have their normal and customary meanings, unless specifically defined
otherwise in this chapter;
(2) Any gender-specific term shall be interpreted as if it is male, female, or neutral gender;
(3) Any term phrased in the plural shall also be interpreted to mean the singular, and any
singular term shall be interpreted to also mean the plural; and,
(4) The present tense shall include the future.
13.02.010 "A" definitions.
"Accessory dwelling unit" or"ADU"has the same meaning as in JCC 18.10.010.
14
"Aggrieved person"means a person who received an adverse decision by the director on decisions
listed in JCC 13.07.060.
"Applicant"means a person who applies for a permit to connect to the PHUGA sewer system.
"Assessment"means a fee to be paid by the property owner for the cost of private construction of
PHUGA sewer system improvements for property within an assessment reimbursement area.
"Assessment Reimbursement Area"means that area within the Port Hadlock UGA,which includes
all parcels or real property likely to require connection to or service by PHUGA sewer system
improvements constructed by a developer and the county.
"Available" and "availability"means that the PHUGA sewer system is available to a property as
described in JCC 18.19.120.
13.02.020 "B" definitions.
"Base rate" means the fixed portion of the monthly charge that does not vary with the amount of
water usage described in JCC 13.05.040.
"Biosolids" means primarily organic solids produced by treatment processes that can be
beneficially recycled.
"Biological Oxygen Demand" or `BOD." means biochemical oxygen demand, which is the
quantity of oxygen utilized in the biochemical oxidation of organic matter in five days at twenty
degrees Celsius under standard laboratory procedure expressed in milligrams per liter. A single-
family residence is generally considered to have a BOD of less than or equal to 300 mg/1.
"Boundary" for purposes of chapter 13.09 JCC means the geographical limits of property to be
included in a proposed local improvement district.
"Building drain sewer" means the piping of a sewage system which extends from structure to the
grinder pump tank.
"Building permit" is a permit issued by the department of community development authorizing
the construction, installation,repair, or remodel of a structure on a property.
13.02.030 "C" definitions.
"Campground" means a facility in which one or more sites are offered for persons using tents or
other personal,portable overnight shelters.
"Clean Water Act" means the federal Clean Water Act (33 U.S.C. §§ 1251 et seq.), as currently
enacted or as later amended,
"Clear, cogent and convincing evidence" means evidence that Clear, cogent, and convincing
evidence exists when the element has been shown by the evidence to be highly probable. Proof by
clear, cogent, and convincing evidence requires a greater showing than is required under the
"preponderance of the evidence" standard that is used in many civil cases. Preponderance of the
evidence exists when an element has been shown to be more probably true than not true. On the
other hand, proof by clear, cogent, and convincing evidence does not require as great a showing
15
as is required under the "reasonable doubt" standard used in criminal cases. Reasonable doubt
means such a doubt as exists in the mind of a reasonable person after fully, fairly, and carefully
considering all the evidence or lack of evidence. "Preponderance of the evidence" and"beyond a
reasonable doubt" are defined here solely to aid in understanding the meaning of"clear, cogent,
and convincing"evidence.
"CFR"means the federal Code of Federal Regulations, as currently enacted or as later amended.
"Community action agency"means a private corporation or public agency established pursuant to
the Economic Opportunity Act of 1964, Pub. L. 88-452, which is authorized to administer funds
received from Federal, State, local, or private funding entities to assess, design, operate, finance,
and oversee antipoverty programs,which is part of the community action agency network pursuant
to RCW 43.63A.115.
"Contractor" means a person that is bonded and licensed by the State of Washington as a general
contractor, and that, in addition to other types of construction skills, is capable of the following:
constructing, installing,repairing,excavating,and connecting building sewers, grinder pumps and
tanks (along with their control box and electrical connection), side sewers (connecting from the
grinder pump tank into the pressure sewer system), and decommissioning of an existing on-site
sewage system.
"Cost of construction" for purposes of chapter 13.09 JCC means those costs incurred for permit
charges, design, acquisition of right-of-way and easements, sewer easements, labor, materials and
installation required to create PHUGA sewer system improvements.
"County"means Jefferson County, Washington.
"Customer" means a property owner or tenant who is receiving service from a connection to the
PHUGA sewer system.
13.02.040 "D" definitions.
"Department"means the Jefferson County department of public works.
"Development"means any new, remodeled or improved structure that requires a new wastewater
system or the expansion of existing wastewater treatment and disposal. Development also includes
any new use or change of use for which the JCC requires connection to the PHUGA sewer system.
"Developer"means a person that contracts with the county for the construction of PHUGA sewer
system improvements that are required for further development of real property. For the avoidance
of doubt, "developer"may include a property owner.
"Director"means the director of Jefferson County Department of Public Works or their designee.
"Disconnect box" means an electronic shut off switch located between the property owner's
electrical panel and PHUGA sewer utility electric grinder pump control panel.
"Discharge" means any addition of a solid, liquid, or gaseous substance to the PHUGA sewer
system(other than infiltration or inflow),whether intentional or unintentional, and includes,but is
not limited to: spilling,leaking,pumping,pouring,emitting,emptying,or dumping from any point
source.
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"Disposal"means discharging,discarding,or abandoning any substance to PHUGA sewer system.
"Duplex"has the same meaning as in JCC 18.10.040.
"Dwelling unit"has the same meaning as in JCC 18.10.040.
13.02.050 "E" definitions.
"Easement"means an acquired, nonpossessory interest in land owned by another party.
"Effluent"means the discharge from the PHUGA sewer system.
"Electrical panel" means an enclosed box that contains important electrical components for a
property, which must be connected to the grinder pump control panel to establish a sewer
connection.
"Equivalent residential unit" or " ERUs" means a wastewater service unit which is substantially
equivalent to an average single-family residence in wastewater volume output,quality and strength
of the discharge, and function. For the PHUGA sewer system, one ERU will be considered
equivalent to 4,000 gallons of water use per month, with an average wastewater strength for
Biochemical Oxygen Demand (`BOD") equal to or less than 300 milligrams per liter and total
suspended solids ("TSS") equal to or less than 300 milligrams per liter.
"Existing structure" means a structure that existed prior to sewer availability, as defined in JCC
18.19.120. For the avoidance of doubt,an existing structure may be on either a residential property
or a non-residential property.
13.02.060 "F" definitions.
"Failing"of an on-site sewage system means that in the opinion of the county department of public
health, an on-site sewage system ("OSS") threatens the public health or environment by
inadequately treating sewage or by creating a potential for direct or indirect human contact between
sewage, as specified by chapter 8.15 JCC and chapter 246-272A WAC. Examples of a failing on-
site sewage system include, but are not limited to:
(1) Sewage on the surface of the ground;
(2) Sewage backing up into a structure caused by slow soil absorption of an on-site sewage
system discharge;
(3) Sewage leaking from an on-site sewage tank or collection system;
(4) Cesspools or seepage pits where evidence of groundwater or surface water quality
degradation exists;
(5) Inadequately treated effluent contaminating groundwater or surface water; or,
(6) Noncompliance with standards required on an on-site sewage system permit.
(WAC 246-272A-0010).
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"Food manufacture and processors" or "FMP" means those manufacturing facilities primarily
engaged in manufacturing or processing food,either for human or nonhuman(pets, livestock,etc.)
consumption. Manufacturers or processors include, but are not limited to, dairies; creameries;
slaughterhouse,meat processing, and packing facilities; industrial bakeries; condiment producers;
salad dressing producers; cooking oil facilities; canning facilities; and, any other commercial or
industrial structure that discharges fats, oils, or grease("O&G") into the PHUGA sewer system.
"Food service establishments" or "FSE" means those establishments engaged in the activity of
preparing, serving, or otherwise making food available for consumption by humans, which use
one or more of the following preparation methods: cooking by frying (all methods), baking (all
methods),grilling,sautding,rotisserie cooking,broiling(all methods),boiling,blanching,roasting,
toasting, infrared heating, searing, barbecuing, and any other method of food preparation that
produces or may produce hot, non-drinkable food product in or on a receptacle that requires
washing. These establishments include, but are not limited to, restaurants, bakeries, commercial
kitchens, caterers, hotels, schools, religious institutions, hospitals, prisons, correctional facilities,
and care institutions.
13.02.070 "G" definitions.
"Garage" means a covered structure designed to provide shelter for vehicles, which is accessory
to a single-family residence or a duplex.
"Garbage" means putrescible material resulting from the preparation and consumption of food
except body waste, swill and animal carcasses.
"Grease trap or interceptor"means a filter or tank designed to remove excess grease, fats, and oils
from the wastewater stream for operations, such as restaurant operations. There are two types of
devices that remove fats, oils, and grease("O&G"): a"grease trap"that is typically located under
a sink, and a "grease interceptor" that is usually a larger concrete tank located outside the
establishment.The applicable county-adopted state plumbing code in Title 15 JCC will specify the
type of device that will be required for the particular use in need of O&G removal.
"Grinder pump" means a pump located for a service connection that grinds any solids within
wastewater, and then pumps the liquid and ground solids into the PHUGA sewer system.
"Grinder pump control panel" means a grinder pump's centralized electric components that
provide electrical coordination for system operation.
"Grinder pump system"means a grinder pump, a grinder pump tank, a grinder pump control
panel,
and a side sewer from the grinder pump tank to the pressure sewer system,along with the electrical
system necessary to power operation of the grinder pump system.
"Grinder pump tank"means a tank that contains a grinder pump.
13.02.080 "H" definitions.
"Hazardous substance"means any hazardous substance as defined in RCW 70A.305.020(13).
18
"High strength wastewater"means any sewage containing contaminants at concentrations greater
than normal domestic wastewater,including wastewater with expected discharges of BOD or TSS
of greater than 300 mg/L; or, O&G of greater than 50 mg/L.
"Housing authority" means a housing authority created by a city or a county pursuant to RCW
35.82.030. Pursuant to RCW 35.82.080, a housing authority must fix the rentals for low-income
dwelling accommodations at the lowest possible charges consistent with its providing decent, safe
and sanitary dwelling accommodations, and no housing authority shall construct or operate any
such project for profit,or as a source of revenue to the city or the county. A housing authority is a
separate legal entity from the city or county that creates it and its powers are limited to those listed
in RCW 35.82.070 with its own board of directors,manager and staff.
13.02.090 "I" definitions.
"Industrial waste" means a liquid, solid or gaseous substance, or combination thereof, resulting
from any process of industry,manufacturing,food or liquid processing,business,trade or research,
including the development, recovering or processing of natural resources. "Industrial waste"
includes garbage,but does not include wastewater or storm drainage.
"Inspector"means any employee or representative of the department designated by the director to
inspect sewer construction, operation or maintenance.
13.02.100 "J" definitions.
"JCC"means the Jefferson County Code, as currently enacted or as later amended.
13.02.110 "K" definitions.
[RESERVED]
13.02.120 "L" definitions.
"Latecomer agreement" means a written agreement between the county and one or more
developers (as approved and executed by the director) for providing PHUGA sewer system
components for partial reimbursement of the cost of construction of PHUGA sewer system
improvements to the developer by property owners who benefit by the PHUGA sewer system
improvements but who did not contribute to the original cost of construction, as authorized by
RCW 36.94.190.
"Local Improvement District"or"LID"means a special assessment district formed by the county
pursuant to RCW 36.94.220 et seq, for the purpose of providing a mechanism for financing
PHUGA sewer system improvement through payment of assessments over time on the benefitting
properties.
"Low-income person" means a single person, family, or unrelated persons living together whose
adjusted individual's or household income from all sources meets any of the following criteria:
(1) Persons at 200 percent of poverty level based upon household size using poverty level
calculations established by the state of Washington for Jefferson County or by the federal
government if state calculations are not available;
19
(2) Persons at or below 80 percent of the median family income adjusted for family size, for
Jefferson County, as reported by the United States Department of Housing and Urban
Development("HUD");
(3) Persons who receive supplemental security income ("SSI") or social security disability
income("SSDI")pursuant to chapter 7 42 U.S.C. (Social Security), as currently enacted or
as later amended;
(4) Persons who are residents of state licensed adult family homes who receive SSI or SSDI
and who primarily rely on Medicaid;
(5) Persons who live in a housing complex operated by a housing authority that received grant
funding with requirements for limiting rents for low-income residents; or,
(6) Persons who receive housing assistance pursuant to section 8 of the federal Housing Act
of 1937 (42 U.S.C. § 1437).
13.02.130 "M" definitions.
"Major Modification" shall have the same meaning as in JCC 18.19.120(4).
"Membrane bioreactor" ("MBR") means a wastewater treatment process that combines the
extended aeration-activated sludge process with a physical separation process using membranes
immersed into aeration basins. An MBR provides a positive barrier to particulate, colloidal and
dissolved solids above the 0.1-micron range, and produces Class A reclaimed water.
"Mobile home park" means any real property that is rented or held out for rent to others for the
placement of two or more mobile homes, manufactured homes, park models, or a combination
thereof, for the primary purpose of production of income, except where the real property is rented
or held out for rent for seasonal recreational purposes only and is not intended for year-round
occupancy. For purposes of this definition, all related definitions contained in RCW 59.30.020
apply.
"Multifamily dwelling"has the same meaning as in JCC 18.10.130 and JCC 18.10.040.
13.02.140 "N" definitions.
"Nonprofit organization," whether public or private, means a corporation, or other organization
recognized under the United States Internal Revenue Code as a qualified recipient of tax-
deductible charitable contributions for the charitable purpose of providing low-income or
affordable housing, including but not limited to organizations having received approval from the
Internal Revenue Service of such status upon the filing of all forms as required for recognition as
a 501(c)(3) corporation.
"Non-residential customer"means any customer whose property is not used solely for residential
purposes.
"Non-residential structure"means any structure that is not used solely for residential purposes.
"Nursing/convalescent/assisted living facility"has the same meaning as in JCC 18.10.140.
20
13.02.150 "O" definitions.
"O&G" (formerly referred to as "FOG") means oil and grease, a component of wastewater
typically originating from food stuffs (animal fats or vegetable oils) or consisting of compounds
of alcohol or glycerol with fatty acids (soaps and lotions). Typically expressed in mg/L.
"On-site sewage system" or"OSS" or"on-site sewage systems"has the same meaning as on-site
sewage system("OSS") in JCC 8.15.050.
13.02.160 "P" definitions.
"Person" means any individual, firm, company, corporation, partnership, association, society or
group, and includes person as that term is defined in RCW 1.16.080.
"Petition" means a document signed by one or more property owners within the Port Hadlock
UGA that requests that the county to form a local improvement district or"LID."
"pH" means the negative logarithm of the concentration of hydrogen ions (H+) in a solution
measured in standard units; pH is the intensity factor of acidity.
"PHUGA sewer manual"means the Port Hadlock UGA Sewer System Design Standards and Plans
Manual, a document containing the technical and administrative requirements for the PHUGA
sewer system, including specifications, details, drawings, administrative forms, connection
requirements,ownership responsibilities,and other matters pertinent to connection to the PHUGA
sewer system.
"PHUGA sewer system" means the Port Hadlock UGA sewer system, including the wastewater
treatment plant, all grinder pump systems, and all PHUGA sewer system improvements.
"PHUGA sewer system fee schedule" means the schedule of charges for the operation of the
PHUGA sewer system adopted by the board of county commissioners by resolution, pursuant to
the process identified in chapter 3.80 JCC, establishing the charges enacted under this PHUGA
sewer utility code.
"PHUGA sewer system improvements" means PHUGA sewer system improvements, including
but not limited to: right-of-way easements, sewer easements, design, engineering, surveying,
inspection,testing, connection charges, and installation as required by the county. PHUGA sewer
system improvements also include, but are not limited to treatment plants, low pressure sewer
mains, lift stations, force mains, and telemetry systems.
"PHUGA sewer system utility"means the entity that operates the PHUGA sewer system.
"PHUGA sewer utility code"means chapters 13.01 through 13.09 JCC.
"Point source" means any discernible, confined, and discrete conveyance, including, but not
limited to,any pipe, ditch, channel,tunnel,conduit,well, discrete fissure, container,rolling stock,
concentrated animal feeding operation, or vessel or other floating craft, from which pollutants are
or may be discharged. This term does not include return flows from irrigated agriculture.
"Pollutant"means dredged spoil,solid waste,incinerator residue,sewage,garbage,sewage sludge,
munitions,chemical wastes,biological materials,radioactive materials,heat,wrecked or discarded
equipment,rock,sand,cellar dirt,and industrial,municipal,and agricultural waste discharged into
21
the PHUGA sewer system without a required permit. This term does not include: (i) sewage from
vessels exempt from regulation by States under section 312 of the Clean Water Act (33 U.S.C. §
1322); or, (ii)dredged or fill material discharged in accordance with a permit issued under section
404 of the Clean Water Act(33 U.S.C. 1& 344).
"Port Hadlock UGA" or "PHUGA" means the Irondale and Port Hadlock Urban Growth Area
established pursuant to the Jefferson County comprehensive plan and Ordinance No. 10-0823-04,
as amended.
"Pressure sewer system" means a system of connected pipes that collects wastewater from
individual properties and conveys it to the wastewater treatment plant,using grinder pump systems
on individual properties.
"Pretreatment" means the treatment of wastewater from a property, including industrial or
commercial operations, that generates sewage with higher strength than expected wastewater
strength from most residential discharges. The method for pretreatment is determined by the
Washington State Department of Ecology and the director.
"Pretreatment facility"means a facility for pretreatment of effluent.
"Process water"means non-drinkable water used in relation to industrial processes and facilities.
"Property"means a lot or parcel within the Port Hadlock UGA.
"Property owner"means the owner of record of a lot or parcel within the Port Hadlock UGA.
13.02.170 "Q" definitions.
[RESERVED]
13.02.180 "R" definitions.
"RCW'means the Revised Code of Washington, as currently enacted or as later amended.
"Recreational vehicle (RV)"has the same meaning as in JCC 18.10.180.
"Recreational vehicle park"or"RV park"has the same meaning as in JCC 18.10.180.
"Residential"means an occupancy that contains a kitchen,bathroom,and sleeping quarters,and is
designed for use as a long-term residence, including,but not limited to: single family residences,
duplexes,multifamily dwellings,apartments,congregate living facilities(non-transient)with more
than 16 occupants, and mobile home parks with three or more dwelling units. Motels and hotels
are not considered"residential."
13.02.190 "S" definitions.
"Sewer connection charge"means the charge to connect to the PHUGA sewer system.
"Sewer connection permit" means a written document issued by the department which grants a
person the right to connect to the PHUGA sewer system and which identifies the requirements for
doing so.
22
"Sewer easement" means an easement that grants the department authorization to enter onto
private property for the purposes of constructing and maintaining the PHUGA sewer system.
"Sewer main"means a sanitary sewer line or pressure sewer system that conveys wastewater from
one or more side sewers to the PHUGA sewer system.
"Sewer service charge" means any charge authorized by this PHUGA sewer system code.
"Side sewer"means the pipe from the grinder pump tank to the PHUGA sewer system.
"Single-family residence"has the same meaning as in JCC 18.10.190.
"Structure" means a permanent or temporary edifice or building or any piece of work artificially
built up or composed of parts joined together in some definite manner, whether structure installed
on, above, or below the surface of the ground, and which is used for human occupancy,
employment,business,or recreation,and that has a need or requirement for having sewage service.
For purposes of this PHUGA sewer system code, "structure" also includes but is not limited to a
commercial facility, an industrial facility, a "manufactured home," a "mobile home," a "park
trailer,"and a"recreational vehicle" as those terms are defined in RCW 43.22.335.
"Suspended solids" means particles that float on or are suspended in wastewater and which may
be substantially removed by treatment processes, including by filtering. Suspended solids are
measured in milligrams per liter.
"System development charge" or"SDC"means a fee paid by a customer for a new connection to
the PHUGA sewer system or for an expansion of an existing connection's wastewater flow or an
increase in wastewater strength.An SDC is intended to: (i)capture the customer's fair-share of the
current and future capital costs of the PHUGA sewer system in place to serve the new connection
or increase in volume or strength of a connection; or, (ii) represent the capital cost of new
components projected by the director to meet capacity needs.
13.02.200 "T" definitions.
"Technical standards and specifications"means the technical standards and specifications listed
in JCC 13.03.020.
"Total suspended solids"or"TSS"means waterborne particles that exceed two microns in size. A
single-family residence is generally considered to have a TSS of less than or equal to 300 mg/l.
13.02.210 "U" definitions.
[RESERVED]
13.02.220 "V" definitions.
"Volume" means the amount of wastewater that is discharged to the PHUGA sewer system as
estimated by that customer's water use records from the Jefferson County Public Utility District
No. 1.
"Volume charge" means a charge based on metered domestic water usage.
23
13.02.230 "W" definitions.
"WAC"means the Washington Administrative Code, as currently enacted or as later amended.
"Wastewater" means the liquid and liquid-carried waste from structures, together with minor
quantities of groundwater, stormwater and surface waters that are not intentionally admitted.
"Wastewater" includes both domestic wastewater as defined in WAC 173-240-020(4), industrial
wastewater as defined in WAC 173-240-020(8).
"Wastewater infiltration pond"means the structure that collects,temporarily stores,and infiltrates
wastewater treated by the wastewater treatment plant.
"Wastewater Treatment Plant"or"WWTP"means the County's Membrane bioreactor"("MBR")
plant located at 243 Lopeman Road, Port Hadlock, Washington, inclusive of, but not limited to,
any appurtenant headworks, outfall, buildings, odor control systems, biosolids handling
equipment, wastewater infiltration pond, or, generators, etc.
"WSJ)OT"means the Washington State Department of Transportation.
13.02.240 "X" definitions.
[RESERVED]
13.02.250 "Y" definitions.
[RESERVED]
13.02.260 "Z" definitions.
[RESERVED]
24
Chapter 13.03 Authority and Relationship to Plans
Sections:
13.03.010 Authority.
13.03.020 Technical standards and specifications incorporated.
13.03.010 Authority.
(1) The director is vested with the authority to manage and operate the PHUGA sewer system
utility.
(2) The director may delegate their authority, or any portion of authority, as is necessary to
perform the director's responsibilities and duties with respect to the PHUGA sewer system utility.
(3) The director is authorized to negotiate and present to the board of county commissioners
any interlocal agreement necessary to perform the director's responsibilities and duties for
management and supervision of the PHUGA sewer system utility.
(4) The director shall retain appropriate personnel, conduct inspections, issue appropriate
sewer connection permits,maintain necessary records and files,establish and collect sewer service
charges, and do or cause to be done all things necessary and proper for the administration and
enforcement of this PHUGA sewer utility code.
(5) The director shall keep and maintain records of:
(a) All sewer connection permits, construction drawings, and inspection reports related
to installation, operation and maintenance of the PHUGA sewer system;
(b) All repair records, including but not limited to repair of sewer lines, sides sewers,
building sewers,grinder pumps,electrical panel work,and on-site sewage system de-
commissioning; and,
(c) Any other related construction work, equipment inventory, and other records
necessary for construction,operation,and maintenance of the PHUGA sewer system.
(6) The director is authorized to promulgate rules,policies or procedures as may be necessary
to administer and enforce this PHUGA utility code, including, but not limited to administrative
rules, forms, the PHUGA sewer manual and other technical manuals necessary for the function
and operation of the PHUGA sewer system utility.
(7) The director may be delegated additional authority to conduct activities as necessary to
protect health and safety by motion of the board of county commissioners.
13.03.020 Technical standards and specifications incorporated by reference.
The following technical documents and standards are adopted and incorporated by reference for
purposes of this PHUGA sewer system code:
(1) Port Hadlock UGA Sewer Facility Plan(2008)and Port Hadlock UGA Sewer Facility Plan
Update and Appendices(Feb. 2021), as may be amended or updated.
25
(2) Port Hadlock UGA Sewer System Design Standards and Plans Manual as may be amended
or updated by the director.
(3) State of Washington, Department of Ecology, Criteria for Sewage Works Design (The
Orange Book) (2022), as may be amended or updated.
(4) State of Washington, Department of Ecology, Reclaimed Water Facilities Manual (The
Purple Book)(2019), as may be amended or updated.
(5) Jefferson County Department of Environmental Health, On-Site Sewage System
Management Plan (2007), as may be amended or updated.
(6) Jefferson County Department of Community Development, Comprehensive Plan,2018,as
may be amended or updated.
(7) Chapter 51-56 WAC —Uniform Plumbing Code and Uniform Plumbing Code Standards.
The 2009 Edition of the Uniform Plumbing Code, published by the International Association of
Plumbing and Mechanical Officials, is hereby adopted by reference with the additions, deletions,
and exceptions noted in the Washington Administrative Code.
(8) Chapter 8.15 JCC (on-site sewage system code).
(9) Chapter 246.272A WAC (on-site sewage system regulation).
26
Chapter 13.04 Connection to PHUGA Sewer System
Sections:
13.04.010 Connection-when required or permitted.
13.04.020 Mobile home park requirements.
13.04.030 PHUGA sewer system extension.
13.04.040 Sewer connection permit required for connection.
13.04.050 Exception to sewer connection requirement.
13.04.060 Sewer easements required as a condition of sewer connection permit.
13.04.070 Construction or alteration of PHUGA sewer system components—requirements.
13.04.080 Location of building sewer and side sewer connection.
13.04.090 Work in WSDOT or county right of way.
13.04.100 Inspection of work by director.
13.04.110 Ownership and maintenance of PHUGA sewer system components.
13.04.120 Disconnecting from the PHUGA sewer system.
13.04.010 Connection-when required or permitted.
(1) This section concerns areas within the Port Hadlock UGA where the PHUGA sewer system
is"available"as described in JCC 18.18.060(4),where individual properties within those areas are
required or permitted to connect to the PHUGA sewer system.
(2) The following Table 4-1 is intended to add clarification to when properties within the
PHUGA are required to connect to the sewer system. Chapter 18.18 JCC and chapter 18.19 JCC
shall prevail if there are any inconsistencies with this chapter.
Table 4-1
Properties within Port Hadlock UGA where Sewer Connection Required
Use "Adequate"O) On- Sewer System Connection
Site Sewage "Available"M9 Required?
System?
Sewer Not "Available"M
Existing structure N/A No No
Major modification of existing structure No No No
New structure N/A No No
"Available"(Z)
Existing single-family residence or No Yes Yes
duplex
Major modification of a single-family No Yes Yes
residence or duplex
Modification of a single-family residence Yes Yes No
or duplex
New single-family residence or duplex N/A Yes Yes
New Accessory Dwelling Unit(ADU) N/A Yes Yes(4)
Garage or addition to structure without Yes Yes No
plumbing
Existing multifamily dwelling N/A Yes Yes
Major modification to a multifamily No Yes Yes
dwelling
27
Table 4-1
Properties within Port Hadlock UGA where Sewer Connection Required
Use "Adequate"M On- Sewer System Connection
Site Sewage "Available"(2)9 Required?
System?
New multifamily dwelling N/A Yes Yes
Existing non-residential structure with
less than 1 ERU per month average water Yes Yes No(3)
use
Existing non-residential structure with
less than 1 ERU per month average water No Yes Yes
use
Existing non-residential structure with
equal to or greater than 1 ERU per month N/A Yes Yes
average water use
New non-residential structure N/A Yes Yes
Major modification to a non-residential
No Yes Yes
structure
(1) "Adequate"means that the on-site sewage system("OSS") has a current inspection, is not
failing or in need of significant repairs or replacement,and existing flows or proposed flows
resulting from a building remodel or change of use will not trigger the need for modification to
the OSS as determined by the Director of the Jefferson County Department of Environmental
Health. If the Director of the Jefferson County Department of Environmental Health determines
that a major modification, remodel, or change of use would require modification to or expansion
of an OSS,then a sewer connection is required if the PHUGA sewer system is"available."
If there is any question whether the on-site sewage system is"adequate,"consult with Jefferson
County Environmental Health Department. See JCC 18.19.120 and chapter 8.15 JCC.
(2) "Available" is as described in JCC 18.19.120. When sewers are"available,"urban growth area
standards in chapter 18.18 JCC apply.
(3) Subject to No Protest Agreement or other binding agreement requiring connection to sewer
when"available"per JCC 18.19.120(3).
(4) When connecting a new detached ADU to the sewer system, all other structures with plumbing
on the same property are required to connect to sewer at the same time.
13.04.020 Mobile home park requirements.
(1) Pursuant to RCW 35.67.370,an existing mobile home park with an existing functional on-
site sewage system is not required to connect to the PHUGA sewer system, unless the Jefferson
County Department of Environmental Public Health determines that the on-site sewage system
serving the mobile home park is failing, as defined in this PHUGA sewer utility code and WAC
272-246A-280.
(2) An existing mobile home park within the PHUGA may apply for connection to the PHUGA
sewer system pursuant to chapter 13.04.040 JCC.
(3) Any new mobile home park within the PHUGA is required to connect to the PHUGA sewer
system as provided for in this chapter.
28
(4) Any expansion of or addition to a mobile home park within the PHUGA are required to
connect to the PHUGA sewer system as provided for in this chapter.
13.04.030 PHUGA sewer system extension.
(1) Any property owner within the PHUGA may apply for a connection to the PHUGA
sewer system pursuant to the requirements of this chapter. For the following types of applications,
the director will provide the applicant with an initial assessment of the viability of the application:
(a) A petition by property owners to form a Local Improvement District ("LID")
pursuant to chapter 13.09 JCC; and,
(b) An application by a person to apply to connect to the PHUGA sewer system by
providing their own funding source(s) for extension of the PHUGA sewer system
collection and conveyance system, and any capacity increases in the treatment system or
conveyance system necessary as a result of the expansion.
(2) Factors that will be considered in determining whether to permit new connections
to the PHUGA sewer system include:
(a) PHUGA sewer system capacity, including collection, conveyance, and MBR
capacity;
(b) Ability to treat and dispose of proposed of high strength wastewater or
accommodate need for pretreatment;
(c) Whether the applicant can demonstrate in their application the feasibility of
extension by submitting the following:
(i) The exact location of the extension;
(ii) Engineered drawings of all PHUGA sewer system improvements necessary to
accomplish connection, stamped by a licensed professional engineer in the state of Washington
and in compliance with all technical specifications required by the director;
(iii)Any required sewer easements; and,
(d) Any other information determined necessary by the director to fully evaluate an
application.
(3) The county may, at its sole discretion, initiate an expansion of the PHUGA sewer
system service area within the PHUGA.The county may initiate formation of a LID for the purpose
of funding sewer extensions or expansions, or the county may secure grants or appropriations for
this purpose.
(4) When sewer becomes available to properties by means of a sewer system extension,
connection requirements for affected properties shall be as shown in Table 4-1 in JCC 13.04.010.
29
13.04.040 Sewer Connection permit required for connection.
(1) Property owners who request to or who are required to connect to the PHUGA
sewer system shall make application to the director or their designee. The application shall be
made on forms developed by the department.
(2) Issuance of a sewer connection permit does not release the property owner from
obtaining other permits as may be required under law.
(3) The applicant shall pay all applicable sewer connection permit and inspection
charges, and a system development charge as required by chapter 13.05 JCC upon application for
a sewer connection permit.
(4) The applicant shall provide all information required for the sewer connection permit
application submittal, as determined by the director by administrative rule authorized by JCC
13.03.010(6). Submittal requirements include but are not limited to: all documentation necessary
to demonstrate compliance with technical specifications, any necessary sewer easements for
equipment installation and maintenance pursuant to JCC 13.04.060, design drawings, engineering
calculations,and maps.
(5) As a part of application review, the director may request changes and designate
changes in the placement of all PHUGA sewer system components required on the parcel to assure
proper functioning of the PHUGA sewer system. The director may require the applicant to furnish
plans prepared and stamped by a professional engineer, licensed in the State of Washington,when
necessary, due to the complexities of a specific connection or when deviations from the technical
standards and specifications are proposed.
(6) In evaluating the application, the director shall determine whether sewer capacity
is available and whether the connection meets all requirements of this PHUGA sewer utility code
and the PHUGA sewer manual. If the director finds that the application meets all requirements and
that sewer capacity is available, the director may approve the application and issue a sewer
connection permit.
(7) The director may include conditions of approval of a sewer connection permit to
ensure completion of all necessary technical steps and construction work to establish the
connection, and require timelines for the applicant to make the connection. The director shall
include a condition disclosing that if the applicant fails to make the connection in a timely manner,
the director may complete the connection as specified in JCC 13.04.070(6).
(8) The property owner shall comply with all the conditions and requirements of the
sewer connection permit.
(9) Property owners presently using an existing on-site sewage system shall comply
with the any decommissioning requirements prescribed by the director of the Jefferson County
Department of Public Health. At minimum, decommissioning or abandonment of an on-site
sewage system shall conform to the requirements of WAC 246-272A-0300 and chapter 8.15 JCC,
as now or hereafter amended.
(10) It is unlawful to make any connection or addition to any part of the PHUGA sewer
system without a valid sewer connection permit issued by the director.
30
(11) If a building permit is required under title 15 JCC,a sewer connection permit issued
under this chapter shall be valid for the same period of time that the building permit is pending
(not yet finalized or expired). If no building permit is required, the PHUGA sewer connection
permit shall be valid for one year from the date of issuance. Upon written request by the applicant,
the sewer connection permit may be extended one time for a one-year period.
13.04.050 Exception to sewer connection requirement.
(1) The director, in their discretion after consultation with the directors of Jefferson
County departments of community development and public health, may provide for an exception
to the PHUGA sewer system connection requirements of this chapter for a residential property
when the PHUGA sewer system connection:
(a) Is not technically feasible due to pre-existing artificial or natural geographic
barriers that were not put in place by the applicant or their predecessors; or,
(b) When the property is located in an existing sewer service area available to the
residential property as defined in JCC 18.19.120(4) and which has capacity to accommodate the
proposed development and there are other extenuating circumstances that the director determines
makes the connection not technically feasible.
This exception should be interpreted narrowly, and only used in exceptional circumstances.
(2) The grant of a waiver will in no way prevent or deter the extension of public sewers
at a future date.
(3) The director may impose conditions to the grant of a waiver, including but not
limited to requiring a no-protest agreement or other binding agreement for future connection to
public sewer.
(4) The requester of the exception may appeal a denial by the director as authorized
under chapter 13.09 JCC and RCW 36.01.330.
13.04.060 Sewer easements required as a condition of sewer connection permit.
(1) As a condition of approval of a sewer connection permit, the property owner shall
grant sewer easements and other legal instruments as required by the director to allow for access,
construction, installation, modification, operation, maintenance, and repair of county-owned and
maintained equipment, including,but not limited to: the grinder pump and tank,the grinder pump
control panel, and the side sewer from the grinder pump to the pressure sewer system.
(2) The director shall determine the PHUGA sewer system easements and other legal
instruments necessary at the time of application for a sewer connection permit.
(3) The dimensions of the PHUGA sewer system easements or other legal instruments
for access, construction, repair, and maintenance shall be determined by the director.
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13.04.070 Construction or alteration of PHUGA sewer system components —
requirements.
(1) The director shall review and authorize in advance any work, construction,
alteration, excavation, or work performed on the PHUGA sewer system. This requirement is in
addition to any other permits or approvals required pursuant to federal, state, or local law.
(2) A contractor (as defined in JCC 13.02.030) is required to install any part of the
PHUGA sewer system that will be owned and operated by the county,including but not limited to
installation of grinder pumps, sewer lines from the grinder pump to the sewer main, and grinder
pump control panels.
(3) All work performed on the PHUGA sewer system shall be in conformance with
PHUGA sewer manual adopted pursuant to JCC 13.03.010(6).
(4) All equipment and materials used in performance of a sewer connection shall be as
specified in the PHUGA sewer manual.
(5) Any repairs to a building sewer determined necessary by the director shall be made
by a contractor(as defined in JCC 13.02.030) within thirty days after the director mails notice by
certified mail to the property owner specifying the repairs required; provided, the director may
require a shorter time period if an emergency exists.
(6) If a connection is not made within the time and manner specified in the sewer
connection permit, the department may complete the connection with its own contractor or
employees. The property owner shall bear all costs and expenses incurred by the county in
completing the connection. All costs and expenses incurred by the county pursuant to this
subsection shall be assessed and billed to the property owner, who shall immediately pay the full
amount to the Jefferson County treasurer. If not paid within 90 days, the amount of the assessed
costs and expenses shall constitute a lien upon the affected property and run with the land as
authorized under JCC 19.10.025 and JCC 19.30.020. The county is authorized to seek any remedy
available under law to recoup all expenses and costs, including interest,and may seek any remedy
available under Chapter 13.07 JCC or Title 19 JCC.
13.04.080 Location of building sewer and side sewer connection.
(1) A sewer connection shall be made at the point and in the manner specified by the
director. Sewer connections include the following: the connection of a building sewer to a grinder
pump and tank, and the connection of a side sewer to a pressure sewer system.
(2) A building sewer shall serve only a single structure on one property, unless written
approval is obtained from the director allowing multiple properties or multiple structures to be
served by one building sewer.
13.04.090 Work in WSDOT or county right-of-way.
(1) An applicant proposing to complete work in a WSDOT highway or a county road
right-of-way or easement must apply for appropriate permits with WSDOT and the County as
necessary. The application shall be made on forms developed by the department. The applicant
shall pay all charges and provide plans and other information required for the application.WSDOT
and county approval for work in public road rights of way are required (as necessary) prior to
issuance of a sewer connection permit.
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(2) Any excavation, pipe bedding, backfill, and restoration of surfacing in the public
right-of-way shall be conducted and completed in accordance with the requirements established in
the PHUGA sewer manual adopted pursuant to JCC 13.03.010(6), chapter 13.56 JCC, any permit
issued for the work, and any additional requirements imposed by the director.
(3) It is unlawful for any person to fail to protect any excavation in a public right-of-
way or in lands adjacent thereto. Protection of an excavation may include fencing, covering or
lighting. The protection of the public from the danger of an excavation on or near a public right of
way shall be the duty of the person making or causing the excavation. The person making or
causing the excavation shall be responsible for insuring adherence to all applicable safety and
health standards required by the federal Occupational Safety and Health Act (OSHA) and the
Washington Industrial Safety and Health Act(WISHA).
13.04.100 Inspection of work by director.
(1) The director shall inspect any completed work to installed components of the
PHUGA sewer system prior to covering or connecting the components to the PHUGA sewer
system. The applicant shall request an inspection as required by this subsection.
(2) During the inspection, the director shall determine whether the building sewer
meets the requirements of this PHUGA sewer utility code, including all technical specifications
adopted in the PHUGA sewer manual adopted pursuant to JCC 13.03.010(6).
(3) The applicant shall correct any deficiencies noted by the director, and shall request
a re-inspection.
(4) The applicant is responsible for payment of the cost of any tests required by
director.
(5) All inspection charges required under this PHUGA sewer utility code shall be paid
prior to final approval of the connection by the director.
13.04.110 Ownership and maintenance of PHUGA sewer system components.
(1) The county shall own and maintain the following components of the PHUGA sewer
system that are located on private property:
(a) Grinder pump control panel;
(b) Grinder pump and tank; and,
(c) Side sewer pipe from the grinder pump tank to the low-pressure sewer main line.
(2) The property owner shall own and shall maintain the following components:
(a) The electrical panel and the electric service to and including the disconnect box;
(b) The electric service from the disconnect box to the grinder pump control panel;
(c) The building sewer including the connection to the grinder pump tank (inlet
pipeline); and,
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(d) Any grease trap, grease interceptor, or pretreatment system installed between the
grinder pump tank and the building receiving sewer service.
(3) The property owner shall be responsible for paying for electric supply costs to
power the grinder pump.
(4) Equipment purchased and installed by the property owner for connection to the
PHUGA sewer system identified in JCC 13.04.110(1) shall become the property of the county
upon final inspection and approval of installation by the director.
(5) A property owner is legally and financially responsible for any harm or damage to
the PHUGA sewer system and components resulting from inappropriate or unlawful discharges or
other act, regardless of whether the harm was intentional or because of the negligence of any
person. The property owner may be subject to compliance and cost recovery actions by the county
pursuant to chapter 13.07 JCC and title 19 JCC, and any other remedy available under law to
recover the cost of repair, replacement, or other damage to the PHUGA sewer system and
components.
(6) Diagrams of the PHUGA sewer system components shall be included in the
PHUGA sewer manual.
13.04.120 Disconnecting from PHUGA sewer system — permit required.
(1) Any property owner who wishes to disconnect a structure from the PHUGA sewer
system shall apply for a disconnection permit from the director. An application for disconnection
shall be submitted to the director on forms developed by the department.
(2) Disconnection shall only be approved in limited circumstances, and usually only
when there is no longer a need for disposal of wastewater on the property.
(3) When disconnection is approved,the building sewer or public sewer shall be sealed
and capped in the manner designated by the director and as specified in the PHUGA sewer manual.
(4) County-owned equipment specified in JCC 13.04.110(1) shall be returned to the
county unless the county has approved its re-use for a connection on the same property within 12
months of the disconnection, due to a remodel or change of use on a property.
(5) Reconnection of a property to the PHUGA sewer system will be considered a new
sewer connection. For reconnection, the applicant shall comply with JCC 13.04.040 and all other
applicable requirements of this chapter. For any reconnection, the applicant shall pay all charges
associated with a new sewer connection.
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Chapter 13.05 Sewer Charges
Sections:
13.05.005 Purpose.
13.05.010 Establishment of PHUGA sewer system customer charges.
13.05.020 Annual fee adjustment.
13.05.030 Discounted charges for sewer service for qualifying customers.
13.05.040 Billing methodology.
13.05.050 Determination of monthly user charges.
13.05.060 High-strength wastewater charge.
13.05.070 System development charge.
13.05.075 Waiver or deferral of system development charge ("SDC") for low-income housing.
13.05.080 Other charges.
13.05.090 Special assessments.
13.05.100 Delinquent payment—interest and liens.
13.05.110 Periodic Fee Review.
13.05.005 Purpose.
The purpose of this chapter is to provide a system of fair sewer service charges for all customers
of the PHUGA sewer system.
13.05.010 Establishment of PHUGA sewer system customer charges.
(1) The board of county commissioners shall establish a schedule of PHUGA sewer
system customer charges, as authorized under chapter 3.80 JCC and this PHUGA sewer utility
code.
(2) The director shall impose sewer service charges to customers of the PHUGA sewer
utility. The director may establish classifications of customers or service, using any method
authorized by law.
(3) Sewer service charges are intended to fund operation and maintenance costs of the
PHUGA sewer system. Service system charges are also intended to cover other costs, including,
but not limited to: administrative costs, reserve accounts, system replacement, and debt service.
Utility taxes may be included in the sewer service charges when allowed by state law.
(4) The director shall review periodically the sewer service charges and may propose
changes or adjustments as necessary to meet fiscal requirements. The board of county
commissioners shall consider the proposed changes or adjustments for adoption as authorized
under chapter 3.80 JCC.
(5) The director shall maintain a webpage displaying the current PHUGA sewer system
fee schedule and shall have hard copies available by mail or pick up at the department's physical
interface for customers and will be mailed to any customer upon request.
13.05.020 Annual fee adjustment.
(1) The director shall adjust the PHUGA sewer system fee schedule annually by the
Consumer Price Index for Seattle-Tacoma-Bellevue for Urban Wage Earners and Clerical Workers
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("CPI-W'),published by the Bureau of Labor Statistics for the United States Department of Labor,
or the successor geographic region, as periodically updated.
(2) Annual adjustments to sewer service charges shall be made by applying the 12-
month percentage increase in the CPI-W as reported for the month of September preceding the
adjustment date, which will be January 1 of the following year.
(3) Annual adjustments to sewer service charges shall be rounded to the nearest dollar.
The "base" rate for the monthly user rate will be rounded to the nearest two decimals. The
"volume" rate for the monthly user rate will be rounded to the nearest three decimals. A rate,
charge, or fee shall not be reduced by reason of such calculation.
(4) Except for the SDCs, each rate,charge, fee subject to this increase will be adjusted
by the 12-month percentage increase in the CPI-W as reported for the month of September
preceding the adjustment date. Increases will be rounded to the nearest dollar for fees, and in the
case of the components of the monthly user charge, for the "Base"rate to 2 decimal places and in
the case of the "Volume" rate, the nearest 3 decimal places. A rate, charge or fee shall not be
reduced by reason of such calculation. Rate, charge or fee increases in accordance with this
calculation shall not exceed five percent(5%)per year.
(5) The Annual adjustments to sewer service charges shall occur automatically every
year without the requirement of a separate action by the board of county commissioners, as
required by JCC 3.80.030.
13.05.030 Discounted charges for sewer service for low-income persons.
(1) Low-income persons, including low-income senior (age 62 or older), low-income
disabled, low-income veteran customers, and certain owners of properties who satisfy the
requirements of this chapter qualify for discounted charges for services provided by the PHUGA
sewer system utility, as follows:
(a) Customers who are low-income persons (as defined in JCC 13.02.210)are entitled
to a discount pursuant to this section.
(b) Customers who are state licensed adult family home whose residents receive
Supplemental Security Income (SSI) or Social Security Disability Insurance (SSDI) and who
primarily rely on Medicaid are entitled to the low income charge.
(c) Low-income persons who are located in multifamily units or mobile home parks
customers that bill for all tenants and who receive individual bills for sewer service from the
customer are entitled to the low income charge.
(c) Owners of multifamily units or mobile home parks who rent to low-income persons
are entitled to a discount provided they pass on the discount to the low income tenants in the form
of rent reduction,provided the discounted charges are limited pro rata to the low income charge.
(2) The following documentation is required for a customer to qualify for a low-income
discount charge:
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(a) Any customer applying for a low income discount under this section shall apply
using forms created by the department. The customer shall supply verified information and
documentation concerning income status in a manner determined by the director;
(b) For a multifamily unit or mobile home park customer with only one monthly bill,
the property owner shall complete forms provided by the department and provide verified
information and documentation concerning low-income residents that qualify for the low-income
discounted charge. The property owner shall also provide a declaration under oath pursuant to
Chapter 5.50 RCW to the director certifying that savings from the discounted charge shall be
passed on to the qualifying customer in the form of rent reduction; and,
(c) For a public housing authority that meets the requirements of JCC 13.05.030(1)(d),
the public housing authority shall complete forms provided by the department and submit rental
charge requirements from funding sources to prove eligibility.
(3) Customers determined by the director to be eligible for the low-income charge
provided for in this section shall be billed at the low-income charge listed in the PHUGA sewer
system fee schedule. Discounts may be expressed as a percentage reduction from the established
charges or may be expressed simply as a reduced fee or charge amount.
(4) The amount charged to a qualifying customer receiving a low income discount shall
not be less than fifty percent (50%) of the undiscounted charge for a single-family residence
charge.
(5) Customers continuously shall satisfy the eligibility requirements under in this
section. If a customer is disqualified from eligibility under this section due to a change in income
status or because the customer is no longer disabled,the individual or household shall immediately
notify the director of the disqualification. Failure to provide timely notice may result in a
delinquent fee action under this,or an enforcement action pursuant to Chapter 13.07 JCC to compel
repayment of monthly charges with fines and penalties.
13.05.040 Billing methodology.
(1) The director shall bill and collect from each customer accrued charges for the use of the
PHUGA sewer system through a monthly sewer bill.
(2) Every customer shall pay a monthly sewer bill. The responsibility for payment of the
monthly sewer bill shall rest solely with the customer.
(3) The monthly sewer bill shall be structured as follows:
(a) For residential customers, the bill shall provide a fixed base rate.
(b) For non-residential customers, the bill shall provide a fixed base rate, a volume
charge based on metered domestic water usage, and a surcharge for high strength
wastewater, if any, as required by JCC 13.05.060.
(4) The monthly sewer bill shall include charges for any customer-caused damage to
the PHUGA sewer system, as described in JCC 13.04.110(5).
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13.05.50 Determination of monthly user charges.
(1) This section includes the methodology for determining the monthly sewer charges
for residential and non-residential customers. Specific charges are found in the PHUGA sewer
system fee schedule adopted pursuant to JCC 13.05.010.
(2) Residential customer monthly user charges are established,billed,and collected via
a fixed base rate per dwelling unit as shown in the following Table 5-1.
(3) ERUs are assigned as shown in Table 5-1. ERU multipliers do not reflect actual
metered domestic water usage at any specific property. Residential user charge determinations are
fixed and are not based on actual water usage.
Table 5-1 —Residential User Charge Determination
Residential Customer Class ERU Multiplier for Base Rate.
Single-family residence 1.0 ERU per dwelling unit X Base Rate
Duplex 0.9 ERU per dwelling unit X Base Rate
Accessory Dwelling Unit(ADU) 0.7 ERU per ADU X Base Rate
Multifamily dwelling 0.7 ERU per dwelling unit X Base Rate
Mobile home park 0.7 ERU per dwelling unit X Base Rate
Residential vehicle park 0.7 ERU per space X Base Rate
(4) Non-residential customer monthly user charges are established, billed, and
collected via a base rate plus a volume charge per gallon for all metered water usage over 4,000
gallons per month (1 ERU) as shown in the following Table 5-2. For customers producing high
strength waste, additional charges will be added to their monthly rate.
Table 5-2—Nonresidential Customer Charge Determination
Nonresidential Customer Class _ RU Multiplier for Base Rate
All non-residential customers Additional high strength waste charges may a 1
All non-residential customers,using 1.0 ERU X Base Rate
up to 4,000 gallons per month
All non-residential customers,using 1.0 ERU X Base Rate + Volume Charge per gallon of
more than 4,000 gallons per month domestic water used greater than 4,000 gallons
(5) Domestic monthly water usage shall be based on the customer's water bill from the
Jefferson County Public Utility District #1. When monthly water usage exceeds 4,000 gallons, a
non-residential customer shall be charged a per gallon sewer usage charge in addition to the base
rate; provided, that if the customer establishes by clear, cogent and convincing evidence to the
director's satisfaction that a significant,on-going,and quantifiable amount of metered water usage
is attributable to irrigation or other use that prevents that water from flowing to the PHUGA sewer
system,that amount of water usage shall be disregarded in determining the monthly sewer charge.
(6) Sewer charges shall be collected on a monthly basis for all connected properties,
whether occupied or vacant. When a property is vacant, the property owner shall be responsible
for paying sewer charges and shall be liable for any unpaid charges.
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(7) When a property is vacated, any low-income discounts which were applied to the
previous customer shall noticontinue until a new customer establishes an account with the PHUGA
sewer system utility.
(8) (7) The customer shall be responsible for paying for the cost of electricity for
operating the grinder pump system as part of their regular electric bill from Jefferson County
Public Utility District#1.
13.05.060 High-strength wastewater charge.
(1) The department is authorized to calculate and bill a high-strength wastewater
charge to a customer that generates certain high-strength wastes or has high variability in waste
loadings. The high-strength wastewater charge shall reflect the costs of treating such wastes.
Specific methodologies are detailed in the PHUGA sewer system fee schedule.
(2) The high-strength wastewater charge shall be in addition to other charges billed for
sewer service.
(3) When developing the high-strength waste charge,the department shall also identify
pretreatment requirements pursuant to chapter 13.06 JCC.
13.05.070 System development charge.
(1) A system development charge("SDC")represents the property's equitable share of
the capital cost of the components to serve the PHUGA sewer system connection. Current and
future capital costs for providing wastewater treatment, collection, conveyance, and disposal, and
re-use are used in the determination of SDCs.
(2) Revenues collected from SDCs shall be deposited into a separate county fund or
account reserved for PHUGA sewer system capital or replacement uses.
(3) SDCs shall not be used to fund operations, routine maintenance, or administrative
functions of the PHUGA sewer system.
(4) The director shall impose an SDC on all new and all upsized connections to the
PHUGA sewer system, to be paid prior to issuance of a sewer connection permit. The board of
county commissioners shall adopt the SDC as a part of the PHUGA sewer system fee schedule.
(5) In addition to payment of an SDC on all new and all upsized connections required
by subsection(4), an SDC shall also be imposed upon the following properties:
(a) A non-residential structure with an existing connection that increases the volume
of wastewater flow or strength beyond the originally approved or credited SDC;
(b) A multifamily development or mobile home park when new units are added; and,
(c) An existing single-family residence or duplex that adds an accessory dwelling unit
("ADU").
1 Comment: This section was changed on July 24, 2024 to fix a typographical error, namely
adding a missing"not"to the sentence.
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(6) The following provisions apply to SDCs:
(a) Payment of an SDC will remain with the property and parcel for which it was
initially designated. An SDC does not"follow"a customer to another parcel.
(b) A property may be subject to more than one SDC. SDCs are applied to each
structure on a property that is served by the PHUGA sewer system. A property with multiple
dwelling units or non-residential sewer connections will pay multiple SDCs as outlined further in
this section;
(c) A customer who upgrades or expands an existing connection in a manner that
results in higher wastewater flows or treatment needs shall receive SDC credits for the initial
connection. The SDC that was paid for the initial connection shall be subtracted and credited to
the customer from the new total SDC charge for the expanded or upgraded development;
(d) An ERU determination will be rounded to the nearest tenth of a decimal for
purposes of calculating the SDC; and,
(e) SDCs will not be refunded when a property is disconnected or flow is reduced.
(7) For residential properties, the SDC shall calculated as shown in Table 5-3, below:
Table 5-3—Residential SDC Charge Determination
Residential Customer Class ERU Multiplier for Base Rat
Single-family residence 1.0 ERU per dwelling unit X current SDC fee
Duplex 0.9 ERU per dwelling unit X current SDC fee (2 units =
1.8 ERUs
Accessory Dwelling Unit 0.7 ERU per ADU X current SDC fee
ADU
Multifamily dwelling 0.7 ERU per dwelling unit X current SDC fee
Mobile home park 0.7 ERU per dwelling unit X current SDC fee
Residential vehicle park 0.7 ERU per dwelling unit X current SDC fee
(8) For a non-residential structure, the SDC charge is a calculation of ERUs based on
water usage, as indicated on the customer's water bill records from the Jefferson County Public
Utility District#1.Average water use shall be determined by the director using at least the previous
12 months of water consumption data for the property. Abnormally low or high months may be
disregarded in the calculation at the director's discretion.
(a) A non-residential structure that uses, or will use, on average, 4,000 gallons of
metered domestic water or less per month will be assigned one ERU. No value of less than one
ERU shall be assigned to a non-residential structure.
(b) A non-residential structure that uses, or will use, on average, more than 4,000
gallons of metered domestic water per month, shall be assigned an ERU value that will be
calculated using the following formula:
Average Monthly Water Use/4,000 = Total ER U assigned for structure
Example: Water use average is 10,000 gallons of domestic water per month
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10,000/4,000 = 2.5 ER Us assigned for structure and used for SDC determination
(c) If the director determines that a customer has established by clear, cogent and
convincing evidence that a significant, on-going, quantifiable amount of metered water use is
attributable to irrigation or other use that prevents that water from flowing to the PHUGA sewer
system,then that amount shall be disregarded in determining the number of ERUs assigned to the
property for the purposes of calculating SDCs.
(9) If a non-residential structure has no existing water use or the water usage records
are not likely to accurately reflect wastewater flow, the ERU count is determined by one of the
following methods, as determined by the director:
(a) The customer shall apply to the director for an ERU determination and include
estimated proposed wastewater flows using the tables from the PHUGA Sewer
Manual or Department of Ecology Orange Book that contain estimated flows for
different types of uses;
(b) The customer may provide an estimated wastewater flow by providing a plumbing
fixture count complete with calculations and analysis;
(c) For more complex facilities, the director may require the customer to obtain a
licensed professional engineer to estimate wastewater flows based on plumbing
fixture counts, and include calculations and analysis; or,
(d) The director in their discretion shall use other data determined to be useful,
including the following Table 5-4, below:
Table 5-4. Calculation of ERUs for SDC Charge Based on Typical Use.*
Measurement based on cubic foot("cf.") (7.48 gallons)per month
* When a structure or complex has multiple uses or functions, the residential
equivalent units applicable thereto shall be the combined sum of the units from each
use or function
Use'
Restaurant 100 cf./month per seat
Fast food restaurant 150 cf./month per seat
Bar,tavern or cocktail lounge 80 cf./month per seat
Retail store or office building 200 cf./month per 1,000 gross square feet of floor
s ace
Shopping center 400 cf./month per 1,000 gross square feet of floor
space minus common ways and walks
Factory 100 cf./month per employee;
School without cafeteria or 20 cf./month per student
showers
School with cafeteria and 25 cf./month per student
without showers
School with cafeteria and 35 cf./month per student
with showers
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Table 5-4. Calculation of ERUs for SDC Charge Based on Typical Use.*
Measurement based on cubic foot("cf.") (7.48 gallons)per month
* When a structure or complex has multiple uses or functions, the residential
equivalent units applicable thereto shall be the combined sum of the units from each
use or function
Measurement
Theater or auditorium 5 cf./month per seat
Laundromat or self-service 700 cf./month per washing machine
laundry not concomitant to a
residential use
Hospital 1,200 cf./month per bed
Nursing/convalescent/assisted 800 cf./month per bed
living facility
Medical office 400 cf./month per 1,000 gross square feet of floor
space
(10) For any non-residential structure that will discharge high strength wastewater, the
director shall add ERUs to those calculated for the property pursuant to JCC 13.05.070(7)(a) and
(b) as follows:
(a) The high strength ERU formula is:
(0.38 (flow of customer) / (flow of standard ERU)) + (0.387 (BOD of
customer) / (BOD of Std. ERU)) + (0.233 (TSS of customer)/ (TSS of
standard ERU)) = equivalent high strength ERU (rounded to nearest tenth
of a decimal)
(b) Explanation of assumptions in formula:
(i) Flow of standard ERU is assumed to be 4,000 gallons per month
(ii) BOD of standard ERU is assumed to be 14 pounds per month
(iii) TSS of Standard ERU is assumed to be 14 pounds per month
(11) A customer may appeal the director's determination of the SDC under subsection
(8)of this section pursuant to chapter 13.09 JCC.
13.05.075 Waiver or deferral of system development charge ("SDC") for low-income
housing.
(1) The director may waive or defer payment of an SDC for customers that qualify as a
community action agency,a housing authority,or a non-profit organization, as those terms
are defined in chapter 13.02 JCC, who are developing or constructing housing units for
low-income households.
(2) An applicant may apply for a waiver or deferral on forms developed by the department.
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(3) To be eligible for a deferral or waiver of the SDC charge, the applicant shall:
(a) Qualify as a community action agency,a housing authority,or a non-profit, as those terms
are defined in chapter 13.02 JCC;
(b) Be developing or constructing housing units for low-income households;
(c) Covenant and agree in writing that the property for which the applicant seeks a waiver or
deferral will only be sold or rented to low-income households,as defined in JCC 13.02.120,
for a minimum of 20 years from the date of certificate of occupancy. The agreement shall
specify:
(i) The term of the agreement;
(ii)The deferral or waiver terms;
(iii)The criteria for waiver;
(iv)The repayment requirements;
(v) The reporting requirements;
(vi) Consent to allow regular audits of the qualified applicant's (or successor's)
records by the county or other entity designated by the county; and,
(vii) That if within 20 years of the date of the certificate of occupancy the property
is sold or rented, and the new buyer or tenant does not meet the eligibility requirements of
this section,then repayment of the deferred SDC is required in full with interest thereon at
a rate commensurate with the annual one-year U.S. Treasury notes and bonds,adjusted for
constant maturities, as published in the Federal Reserve Bulletin or otherwise available
from the Federal Reserve Bank,computed annually on unpaid balances. Interest calculated
pursuant to this section shall not be compounded.
(d) The applicant shall record the agreement and a real property lien on the qualified
property to secure the SDC obligation in an amount that reflects the SDC charge deferral and
reasonable interest accrual, in a form approved by the prosecuting attorney.
(e) The real property lien shall run with the land and apply to subsequent property
owners. This lien shall be considered senior to all other security interests recorded against the
property,to the extent permitted by law.
(4) A qualified applicant may propose waiver or deferral of the SDC charge for mixed-
income or mixed-use development. The amount of the SDC waived or deferred shall be a
percentage proportionate to the low-income housing provided based on square-footage.
(5) The director is authorized to grant a waiver of the SDC charge at the time of
connection, or a deferral of the SDC charge at the time of connection that may be waived after a
period of 20 years from the date of the certificate of occupancy, as specified in this section. If the
qualified applicant or successor in interest fails to continually meet the eligibility requirements of
this section, repayment is required as specified in this subsection(3)of this section.
(6) Prior to a grant of a deferral or waiver, the applicant shall record the covenant of
agreement and the real property lien on the qualifying property.
(7) The director may waive the requirement to record a covenant of agreement and a
lien on the property under subsection(3)(d) and (e) of this section at the time of connection if the
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applicant demonstrates to the satisfaction of the director that the qualifying property shall be
continually monitored by a federal, state, or county agency to ensure that the housing units are
reserved only for low-income households for a minimum of 20 years from the date of the certificate
of occupancy. Under these circumstances, the director also may waive the requirement of the
covenant of agreement, the real property lien, the county reporting requirement, and any eligible
charges.
(8) For qualified applicants who do not meet the requirements of subsection(3)of this
section,the repayment requirement may be waived if the applicant demonstrates the property has
been continually sold or rented to low-income households, as defined in JCC 13.02.120, for a
period of 20 years from the date of the certificate of occupancy.
(9) The qualified applicant or successor in interest shall submit a report to the director
every three years or as specified in subsection 10 of this section for any qualified property with an
active fee deferral. The report shall contain the following:
(a) A declaration that satisfies the requirements of chapter 5.50 RCW that occupancy
of all units has continuously conformed to the requirements of the covenant of agreement and lien;
(b) Documentation, as specified by the director, to verify that occupancy of all units
has continuously conformed to the requirements of the covenant of agreement and lien;
(c) Any additional information required by the director; and,
(d) A written acknowledgement that the director retains the right to audit the records
as required by the covenant of agreement and lien recorded on the qualified property.
(11) The report required in subsection (10) of this section shall be submitted to the
director as follows:
(a) For units under private ownership, reports are due to the director at the time of sale
prior to escrow and at the end of the period specified by the lien; and,
(b) For rental units,reports are due to the director by March 31 st of each third calendar
year and at the end of the period specified by the lien.
(12) The director shall provide a report to the board of county commissioners at least
annually on the number and dollar amount of existing deferrals,and budget impacts to the PHUGA
sewer system.The report shall also review the total number of entities expected to request waivers
or deferrals within a budget cycle and the cumulative projected amount of deferral or waiver, and
evaluate the potential impacts on the PHUGA sewer system budget. The board of county
commissioners may take action to limit the number of deferrals in any one budget year by applicant
or in total, or specify any other limitation as may be required for budgetary purposes.
(13) The director shall develop forms and administrative regulations to carry out the
intent and purpose of this program.
13.05.080 Other charges.
The PHUGA sewer system fee schedule may include charges for other services or actions
including, but not limited to:
(1) Hourly rate;
(2) Sewer connection permit charge;
(3) Pretreatment treatment facility permit charge;
(4) Prohibited waste discharge permit charge;
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(5) Inspection service fee;
(6) Right-of-way Application fee;
(7) Maintenance service fee;
(8) Equipment supply and replacement fee;
(9) Labor, equipment and materials fee;
(10) On-site sewage system decommissioning permits and inspection charge;
(11) Disconnection permit charge;
(12) Charge for removal of unauthorized connections or taps to the PHUGA sewer
system;
(13) Application fee for processing latecomer assessment;
(14) Administrative fee for administering latecomer process;
(15) Cost of security for installation of PHUGA sewer system improvements;
(16) Cost of installation of PHUGA sewer system improvements;
(17) Assessments for PHUGA sewer system improvements;
(18) Defective work charge;
(19) Segregation application fee;
(20) Developer reimbursement payback processing fee;
(21) Filing fee for hearing examiner appeal under chapter 13.08.JCC;
(22) Marine vessel holding tank discharge fee;
(23) Grinder pump damage fee;
(24) Special assessment fees as required by JCC 13.05.090 and chapter 13.09 JCC;
(25) Delinquent payment charge;
(26) Recording fee;
(27) Filing fee for hearing examiner appeal under chapter 13.09 JCC; and,
(28) Other administrative and management charges as necessary to reimburse costs
incurred by the PHUGA sewer utility to provide sanitary sewer service.
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13.05.090 Special assessments.
Special assessments for Local Improvement Districts ("LIDs") or Utility Local Improvement
Districts("ULIDs")shall be charged and paid as authorized by statute and pursuant to the specific
plan and program of each improvement district as authorized under chapter 13.09 JCC.
13.05.100 Delinquent payment—interest and liens.
(1) The director may impose a penalty and delinquency interest at specified rates for
any unpaid sewer service charges established in this chapter.
(2) Unpaid sewer service charges shall become "delinquent" for the purposes of this
section when such charges remain unpaid for 30 days as measured from the date of the bill or
invoice which notified the customer of the amount owed by that customer.
(3) Accounts labeled delinquent will be assessed a late payment fee of 5% of the total
sewer bill if paid within 30 days of the notice of delinquency.
(4) Delinquent accounts over 60 days from the original billing date will be turned over
to a collection agency for collection of the bill amount, the penalty amount, and the collector's
cost.
(5) The director may file and record a notice of lien with the office of the county auditor
for any unpaid bills, penalties, and collector's costs, if payment is not received within 120 days.
(6) The director shall use the process in JCC 19.30.020 for filing of the lien and cost
recovery.
13.05.110 Periodic Fee Review.
The director shall conduct periodic reviews of all charges under this PHUGA sewer ordinance and
shall propose changes or adjustments in addition to CPI-W annual adjustments required by JCC
13.05.020 as may be necessary to meet fiscal requirements as specified in JCC 3.80.040. All
charges shall be reviewed annually by the director as part of the budget process. All Fee Schedule
adjustments, other than those made automatically by CPI-W annual adjustments required by JCC
13.05.020, shall be adopted by the board of county commissioners by resolution.
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Chapter 13.06 Discharge Restrictions, Pretreatment Requirement, and Prohibited
Discharge Permits
Sections:
13.06.010 Industrial and commercial pretreatment of discharge required.
13.06.020 Discharge limitations.
13.06.025 Grease traps and grease interceptors.
13.06.030 Pretreatment requirements.
13.06.035 Standards and conditions for discharge of industrial wastewater, chemicals of
concern, or prohibited wastes.
13.06.040 Inspection to ascertain character of wastewater.
13.06.050 Discharge from mobile tanks.
13.06.060 Violator liable for costs.
13.06.010 Industrial and commercial pretreatment of discharge required.
(1) Unless authorized by an approved prohibited waste discharge permit, no person
shall discharge industrial waste into the PHUGA sewer system,unless otherwise allowed pursuant
to this chapter.
(2) A person shall prevent, control, and immediately correct illicit discharges,
prohibited discharges, or other such materials pursuant to 40 CFR � 403.5 and the rules and
regulations in this chapter.
(3) The department may inspect pretreatment equipment or pretreatment systems
periodically at their sole discretion.
(4) All violations of the pretreatment requirements or defects in any pretreatment
equipment or pretreatment system shall be corrected immediately by the property owner. Repeat
failures of the pretreatment requirements or failure to correct defects in pretreatment equipment or
a pretreatment system may result in a violation of this chapter as provided in chapter 13.07 JCC.
13.06.020 Discharge limitations.
(1) Consistent with the policy contained in WAC 173-216-020, any discharge into the
PHUGA sewer system that would interfere with,pass through, or otherwise be incompatible with
the PHUGA sewer system or that would contaminate the processing of solids is prohibited.
(2) The discharge of waste materials into the PHUGA sewer system that present a risk
to human health, including the potential,chronic effects of lifetime exposure to waste materials is
prohibited.
(3) Alteration of the physical,chemical or biological properties,of any discharge to the
PHUGA sewer system, including change in temperature, taste, color, turbidity, or odor is
prohibited.
(4) Discharge of any liquid, gaseous, solid, radioactive, or other substance into the
PHUGA sewer system that will or is likely to create a nuisance or be harmful, detrimental or
injurious to the public health, safety or welfare to domestic, commercial, industrial, agricultural,
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recreational, or other legitimate beneficial uses, or to livestock, wild animals, birds, fish or other
aquatic life is prohibited.
(3) No person shall discharge or permit a discharge into the PHUGA sewer system,
or cause to be placed where any discharge is likely to run, leak or escape into the PHUGA sewer
system, any of the following prohibited substances:
(a) Solid or viscous substances or concentrations of inert suspended solids which may
obstruct or interfere with the capacity or operation of the PHUGA sewer system, including but not
limited to ashes, cinders, sand,earth,garbage or putrescible material,mud, straw,shavings,metal,
glass,rags, feathers,tar, plastic, lime slurries, lime residue, or wood;
(b) Liquids, solids, or gases, which because of their nature or quantity are, or may be,
sufficient, either alone or by interaction with other substances, to cause fire or explosion, be
capable of creating a public nuisance or hazard to life;
(c) Any substances that any agency of the county, the state or the federal government
considers a fire hazard or a hazard to the PHUGA sewer system, including but not limited to
gasoline, kerosene, naphtha, benzene, toluene, xylene, ethers, alcohols, ketones, aldehydes,
peroxides, chlorates,perchlorates, bromates, carbides, hydrides and sulfides, and;
(d) Wastewater containing pollutants in sufficient quantity or strength, either singly
or by interaction,to injure or interfere with any wastewater treatment process,constitute a hazard
to humans or animals, or be in violation of any applicable statute, rule, regulation or ordinance
of any public agency;
(e) Matter that has a temperature greater than 40 degrees Celsius (104 degrees
Fahrenheit), or that will inhibit biological activity in PHUGA sewer system;
(f) Wastewater containing suspended solids in excess of three hundred milligrams per
liter;
(g) Wastewater containing fats, oils or grease ("O&G") in excess of one hundred
milligrams per liter;
(h) Wastewater with Biochemical Oxygen Demand (`BOD") greater than three
hundred milligrams per liter;
(i) Wastewater with pH lower than 6.0 or higher that 9.0, or having any corrosive
property capable of causing damage to structures, equipment or personnel;
0) Garbage that has not been properly shredded;
(k) Wastewater containing toxic substances in sufficient quantity to injure or interfere
with any wastewater treatment process, constitute a hazard to humans or the environment, create
any hazard in the receiving waters of a wastewater treatment plant, or exceed the limitation set
forth in the pretreatment standards;
(1) Noxious or malodorous matter which either singly or by interaction are capable of
creating a public nuisance or hazard to life, or sufficient to prevent entry into the PHUGA sewer
system for maintenance and repair;
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(m) Discharges from irrigation, water main flushing, cooling processes, industrial
processes, storm drains, surface runoff,roof runoff, subsurface drainage, sump pumps, swimming
pools,ponds or reservoirs;
(n) Radiological,chemical,or biological warfare agents or high-level radioactive waste
into waters of the state (see WAC 173-226-100(l)(a));
(o) Substances that may cause the PHUGA sewer system's effluent or treatment
residues, biosolids or scums to be unsuitable for reclamation and reuse or to interfere with the
reclamation process;
(p) Substances that causes the treatment plant to be in noncompliance with biosolid use
or disposal criteria, guidelines, or regulations developed under the federal Clean Water Act (33
U.S.C. § 1251 et seq.) or its implementing regulations, any criteria, guidelines or regulations
affecting biosolids use or disposal developed pursuant to the federal Solid Waste Disposal Act(42
U.S.Code§6901 et seq.)or its implementing regulations,the federal Clean Air Act(42 U.S.Code
§ 7401 et seq.)or its implementing regulations, the federal Toxic Substance Control Act(15 U.S.
Code§2601 et seq.)or its implementing regulations,or any Washington State standards applicable
to the biosolids management method being used including chapter 70A.226 RCW and chapter 173-
308 WAC;
(q) Substances that will cause the PHUGA sewer system to violate any permit issued
to operate it, including but not limited to any National Pollutant Discharge Elimination System
("NPDES") permit, State Waste Discharge Permits ("SAID"), Water Treatment Plant General
Permit,or Water Reclamation permit.
(r) Slug-load,which shall mean any pollutant,including oxygen-demanding pollutants
(such as BOD),released in a single extraordinary discharge episode of such volume or strength as
to cause interference to the treatment plant. In no case shall a slug-load contain concentrations or
qualities of pollutants that exceed for any period longer than fifteen minutes more than five times
the average twenty-four-hour concentration,quantities or flow during normal operation;
(s) Wastewater containing substances that are not amenable to treatment or reduction
by the PHUGA sewer system, or that are amenable to treatment only to such a degree that the
PHUGA sewer system effluent cannot meet the requirements of other agencies having jurisdiction
over discharge to the receiving waters;
(t) Stormwater, or any other direct inflow sources, including but not limited to any
precipitation or groundwater that accumulates from roof drains,floor drainage, sump pump water,
or other property drainage or conveyance;
(u) Concentrations of dissolved solids such as sodium chloride, calcium chloride, or
sodium sulfate that are so high as to constitute a danger to the wastewater treatment process or
equipment;
(v) Infectious waste or medical waste that, in the opinion of the county health officer,
may significantly increase the risk of disease transmission beyond the level of risk normally
associated with residential wastewater;
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(w) Wastewater that contains a toxic or poisonous substance in sufficient quantity to
upset or interface with any PHUGA sewage system treatment process,that constitutes a toxic or
poisonous hazard to humans or animals; or, that creates any hazard to receiving waters or to the
effluent of the PHUGA sewer system; and,
(x) Discharge that exceeds the daily maximum pollutant limits in Table 6-1, below:
Table 6-1 Discharge limits for specific chemicals or elements.
Chemical/Element Concentration
Arsenic 0.15 m L
Cadmium 0.10 m
Chromium 1.0 m
Copper 0.75 m
Lead 0.25 m
Mercury 1 0.010 m
Molybdenum 2.0 m
Nickel 0.60 m
Selenium 0.80 m
Silver 0.50 m
Zinc 2.0 m
Cyanide 0.75 m
Ammonium 50 mgAL
Notes:
(1) Businesses that follow best management practices (`BMPs") for their
industry can petition the director for higher limits.
(2)This will be limited to businesses contributing less than 1%of the total flow
to the PHUGA sewers stem.
(4) Any person discharging to the PHUGA sewer system may be subject to limits
more stringent than those set forth in this chapter when required by the United States
Environmental Protection Agency (including Federal Categorical Pretreatment Standards), the
Washington State Department of Ecology, or the Washington State Department of Health.
(5) No person shall use potable water or process water in any way, nor mix separate
waste streams for the purpose of diluting a discharge, as a partial or complete substitute for
adequate pretreatment to achieve compliance with the standards.
(6) Waste from garbage grinders shall not be discharged into the PHUGA sewer
system, except wastes generated in preparation of food normally consumed on the premises.
Such grinders shall shred the waste to such a degree that all particles will be properly
comminuted to one-fourth inch or less and be carried freely under normal flow conditions. No
discharge permitted by this subsection may contain plastic, paper products or inert material.
(7) No person shall discharge wastewater into the PHUGA sewer system except at the
point of approved connection. Discharge through cleanouts or manholes is a violation of this
chapter and a civil code violation as defined in title 19 JCC.
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13.06.025 Grease traps and grease interceptors.
(1) A grease trap or grease interceptor shall be required for establishments that
discharge or may discharge in the future fats, oils and greases ("O&G") in concentrations greater
than 100 mg/l,including all food service establishments("FSE"),food manufacture and processors
("FMP"),establishments as required in the applicable uniform plumbing code adopted pursuant to
JCC 15.05.030 (and as may be modified in chapter 15.05 JCC), or other establishments as
determined necessary by the director.The type of device will be as specified in the county-adopted
plumbing code and the PHUGA sewer manual.
(2) Grease traps and grease interceptors shall be installed in accordance with the
PHUGA sewer manual.
(3) All grease traps and interceptors shall be owned, managed and maintained by the
property owner in accordance with Washington State Department of Ecology oil and grease
management program and this chapter.
(4) All costs associated with design, installation and maintenance to ensure a working,
reliable grease trap or interceptor system shall be the responsibility of the property owner.
(5) The county shall inspect grease traps and grease interceptors at least annually. A
fee for these inspections shall be charged pursuant to the PHUGA sewer system fee schedule.
13.06.030 Pre-treatment requirements.
(1) Any person proposing to discharge high-strength wastes to the PHUGA Sewer
System shall apply to the director for a permit authorizing the discharge. The director, after
consulting with the Washington State Department of Ecology, may establish conditions for
discharge and monitoring requirements.
(2) When preliminary treatment is necessary to reduce the strength of waste to within
the maximum limits prescribed by chapter 13.06 JCC, as determined by the director, an approved
pretreatment facility shall be installed at the sole expense of the property owner. An application
for a permit approving a proposed pretreatment facility shall be submitted to the director prior to
commencement of construction of the pretreatment facility, in accordance with the requirements
of the PHUGA sewer manual. An application for a permit approving a proposed pretreatment
facility shall be made on forms developed by the department.
(3) No construction may be commenced until the director has issued a permit
approving a pretreatment facility.
(4) A pretreatment facility shall be maintained in a manner that ensures continuous
efficient and effective operation by the property owner at their own expense.
13.06.035 Standards and conditions for discharge of industrial wastewater, chemicals of
concern, or prohibited wastes.
(1) National categorical pretreatment standards, as adopted by the United States
Environmental Protection Agency ("EPA") pursuant to federal Clean Water Act (33 U.S.C. §§
1251 et seq.)are applicable to all industrial dischargers.
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(2) Any requirements and limitations on discharges to the PHUGA sewer system
adopted by the Washington State Department of Ecology or other state agency that are more
stringent than federal requirements and limitations are applicable to all industrial dischargers.
(3) Prohibited waste discharges listed in JCC 13.06.020 shall be disposed of in one of
the following ways:
(a) Pretreatment.A customer producing prohibited wastes may treat those wastes prior
to their introduction into a public sewer for the purpose of reducing the objectionable
characteristics of the waste, or altering the nature of properties of the discharge prior to or in lieu
of introduction into the PHUGA sewer system. The reduction or alteration can be obtained by
physical,chemical, or biological processes,or by other means; except those pollutants may not be
diluted in concentration, unless allowed by an applicable pretreatment standard.
(i) Prior to the utilization of any pretreatment device or process, a customer producing
the prohibited waste must receive written approval from the director and the
Washington State Department of Ecology of the device or process that will remove
the objectionable characteristics, based on submitted plans and specifications.
(ii) The entire cost of the installation and construction, maintenance and operation of
any pretreatment device or process is the responsibility of the discharger.
(b) Prohibited waste discharge permit. Prohibited wastes may only be discharged into
the PHUGA sewer system in accordance with a prohibited waste discharge permit issued by the
director and, if necessary, the Washington State Department of Ecology. An application for a
prohibited waste discharge permit shall be made on forms developed by the department.
(c) No prohibited waste discharge may occur until the director and the Washington
State Department of Ecology, if necessary, has issued final approval of the prohibited waste
discharge permit.
13.06.040 Inspections to ascertain character of wastewater.
As a condition of permit approval, a user of the PHUGA sewer system shall consent to inspection
of the property served by the PHUGA sewer system by the director at any reasonable time, and
allows the PHUGA sewer system utility to take wastewater samples for the purpose of determining
whether the wastewater is an unlawful waste. Persons that pretreat unlawful wastes pursuant to
JCC 13.06.030(3)(a) or that are permitted to discharge unlawful wastes pursuant to JCC
13.06.030(3)(b) shall install inspection tees or manholes in the building sewer to facilitate
sampling, as may be required by the director.
13.06.050 Discharge from mobile tanks.
(1) A discharge from a tank or recreational vehicle tank into a public sewer is
prohibited. However, this prohibition does not apply to a discharge from a marine vessel holding
tank if the director determines the conditions and requirements for such discharge, and pre-
approves such discharge in writing on a form to be developed by the department.
(2) A charge per gallon shall be made for the discharge from the marine vessel holding
tank that shall be based upon the capacity of the tank (in gallons) from which the wastewater is
discharged into the PHUGA sewer system.
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(3) The charge per gallon for discharge from marine vessel holding tanks shall be
established in the PHUGA sewer system fee schedule.
13.06.060 Violator liable for costs.
Any person who violates any provision of this chapter is liable to the county for any expense, loss,
damage, cost of inspection or correction incurred by the county as a result of such violation
pursuant to chapter 13.07 JCC. and title 19 JCC.
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Chapter 13.07
Enforcement and Remedies for Misuse of PHUGA Sewer System
Sections:
13.07.010 Violations and remedies.
13.07.020 Enforcement authority.
13.07.030 Action authorized pursuant to title 19 JCC.
13.07.040 Administrative fines and penalties.
13.07.050 Civil liability for removal of unauthorized connections or taps.
13.07.060 Civil liability of dischargers for expenses and fines for violations of permits issued to
the PHUGA sewer system utility caused by them.
13.07.070 Administrative appeal.
13.07.080 Criminal penalties.
13.07.090 Remedies nonexclusive.
13.07.010 Violations and remedies.
(1) Whenever the director finds that any person has violated or is violating any of the
provisions of this PHUGA utility code,the director may take one or more of the following actions:
(a) Emergency suspension of service and any permit;
(b) Termination of treatment services and permit revocation;
(c) Notice of violation or other administrative order;
(d) Assessment of civil penalties;
(e) Pursuit of criminal penalties; or,
(f) Pursuit of any other legal or equitable remedy permitted under law.
(2) The director may take any action permitted under this PHUGA sewer utility code
or title 19 JCC to cure violations and remedy any misuse of the PHUGA sewer system.
13.07.020 Enforcement authority.
(1) The enforcement provisions specified in this chapter apply to any user of the
PHUGA sewer system who violates any provision of this PHUGA sewer utility code or any permit,
order, or determination of the director.
(2) To achieve compliance,the director may use a variety of enforcement mechanisms
as provided in the Jefferson County Code and state law. The director may, at their discretion,
implement the use of any mechanism or the concurrent use of several mechanisms to enforce the
provisions of this PHUGA sewer utility code.
(3) The enforcement mechanisms provided herein may be cumulative in respect to such
other enforcement mechanisms or civil and criminal penalties as may be otherwise available under
federal, state, or local law.
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(4) Nothing in this PHUGA sewer utility code is intended to prevent state and federal
regulatory agencies from undertaking enforcement actions as may otherwise be available due to a
violation of this PHUGA sewer utility code, which also constitutes a violation of federal or state
statutes and regulations.
13.07.030 Action authorized pursuant to Title 19 JCC.
(1) When the director determines that enforcement is required, the director may take
any action authorized under title 19 JCC, in addition to any other remedy permitted under federal,
state,or local law.Nothing in this section shall limit the authority of the director to take any action,
including emergency actions or any other enforcement action, without first issuing a notice of
violation.
(2) Any violation of this PHUGA sewer utility code or a permit, order, or decision
issued hereunder is a civil code violation as defined in JCC 19.10.015.
(3) The director is authorized to promulgate any rules necessary to ensure the efficient
application of title 19 JCC to enforcement actions pursuant to this PHUGA sewer utility code.
13.07.040 Administrative fines and penalties.
(1) When the director determines that a violation has occurred under this PHUGA
sewer utility code,the director may impose a fine in an amount as specified in the PHUGA sewer
system fee schedule and title 19 JCC. The director shall collect fines and penalties in the manner
specified in title 19 JCC.
(2) Imposition of a fine or penalty shall not preclude any other action by the director
against the user.
(3) The maximum penalty shall be $10,000 per violation per day for each violation of
chapter 13.06 JCC (Discharge Restrictions, Pretreatment Requirements, and Prohibited Waste
Discharge Permits).
13.07.050 Civil liability for removal of unauthorized connections or taps.
Whenever any tap or connection is made into any PHUGA sewer system improvement without
payment of the assessment being made as required by this chapter,the department is authorized to
remove and disconnect, or cause to be removed and disconnected, such unauthorized tap or
connection including all connecting tile or pipe located in the right-of-way and dispose of such
unauthorized material without liability. The property owner where the unauthorized connection is
located shall be liable for all costs and expenses of any type incurred to remove, disconnect, and
dispose of the unauthorized tap or connection.
13.07.060 Civil liability of dischargers for expenses and fines for violations of permits
issued to the PHUGA sewer system utility caused by them.
Any discharger violating provisions of this PHUGA sewer system code shall be liable for any
expense, loss or damage caused to the P1 UGA sewer system utility by reason of such violation,
including increased costs for treatment, sludge treatment, or disposal and operation and
maintenance expenses when such increased costs are the result of the discharger's discharge. Any
discharge that causes any violation of any permit issued to operate the PHUGA sewer system,
including but not limited to any National Pollutant Discharge Elimination System ("NPDES")
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permit,State Waste Discharge Permits("SWD"),Water Treatment Plant General Permit,or Water
Reclamation permit, and that causes the PHUGA sewer system utility or the county to be fined by
any agency of the United States (including but not limited to the United States Environmental
Protection Agency)or the State of Washington(including but not limited to the Washington State
Department of Health or the Washington State Department of Ecology), the discharger shall be
liable to the PHUGA sewer system utility or the county for all of their fines, penalties, and costs,
including, without limitation, the total amount of the fine assessed against the PHUGA sewer
system utility or the county and all attorney's fees and costs, sampling, analytical and other
associated costs and expenses.
13.07.070 Administrative appeal.
(1) Any aggrieved person may appeal any of the following decisions of the director:
(a) Suspension of the discharger's wastewater services or any permit;
(b) Termination of the discharger's wastewater services or any permit;
(c) Imposition of fine or penalty under this chapter or title 19 JCC; or,
(d) Violation of a compliance schedule order.
(2) The administrative appeal authorized by this section shall be processed in
accordance with chapter 13.09 JCC and chapter 19.35 JCC.
13.07.080 Criminal penalties.
(1) A user who introduces any substance into the PHUGA sewer system which causes
personal injury or property damage shall, upon conviction, be guilty of a gross misdemeanor and
be subject to a penalty of not more than $5,000, one year in jail, or both. Each day a violation
occurs shall constitute a separate offense. This penalty shall be in addition to any other cause of
action for personal injury or property damage as provided for in the PHUGA sewer manual and
available under state law.
(2) Any person who knowingly makes any false statements, representations, or
certifications in any application, record, report, plan, or other documentation filed, or required to
be maintained, under the PHUGA sewer system ordinance or order issued thereunder, or who
falsifies, tampers with, or knowingly renders inaccurate any monitoring device or sample shall,
upon conviction,be guilty of a gross misdemeanor,and punished by a fine of not more than$5,000,
one year in jail, or both.
(3) Each day a violation occurs shall constitute a separate offense.
13.07.090 Remedies nonexclusive.
The provisions in this chapter are not exclusive remedies. The county reserves the right to take
any, all, or any combination of these actions concurrently or sequentially against a noncompliant
user or to take other actions as warranted by the circumstances.
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Chapter 13.08 Assessment Reimbursement Areas and Latecomer Agreements
Sections:
13.08.010 Authority and purpose.
13.08.020 Applicability.
13.08.030 Application—contents and requirements.
13.08.040 Review and approval of application for utility system improvement.
13.08.050 Preliminary determination.
13.08.060 Preliminary determination notice.
13.08.070 Latecomer agreement.
13.08.080 Execution, notice, and recording.
13.08.090 Construction—final costs and conveyance.
13.08.100 Defective work.
13.08.110 Payment of latecomer assessments—remittance to developer.
13.08.120 Segregation.
13.08.130 Term of latecomer agreements.
13.08.140 County charges.
13.08.150 Appeal.
13.08.160 Enforcement of latecomer obligations.
13.08.170 County participation authorized.
13.08.180 Interpretation and consistency with state law.
13.08.010 Authority and purpose.
The director is authorized to enter into latecomer agreements with property owners of real estate
pursuant to chapter 35.91 RCW as now exists or is hereafter amended. This chapter prescribes the
regulations for exercise of this authority granted to the director.
The purpose of this chapter is to provide for the prorated recovery of the costs of installation for
private, private and public, and public construction of PHUGA sewer system improvements
through a charge to later users of the PHUGA sewer system improvements who benefit from the
PHUGA sewer system improvements, but who did not previously contribute to the costs of those
PHUGA sewer system improvements.
13.08.020 Applicability.
This chapter applies to PHUGA sewer system improvements, when the construction of the
PHUGA sewer system improvements is the result of county ordinances or regulations that require
these PHUGA sewer system improvements as a prerequisite to property development.
13.08.030 Application—contents and requirements.
(1) Any developer using private funds to construct PHUGA sewer system
improvements in the county may apply to the county for a latecomer agreement to recover a pro
rata share of the costs of construction from property owners that will later connect to or use the
PHUGA sewer system improvements made by the developer.
(2) An application for a latecomer agreement shall be made on forms developed by the
department, and shall be accompanied by the application fee, administrative fee and recording fee
57
as set forth in the PHUGA sewer system fee schedule.The application shall contain,at a minimum,
the following information:
(a) A legal description of the developer's property;
(b) A legal description of the properties within the developer's proposed assessment
reimbursement area,together with the name and address of the property owner of each property as
shown in the records of the office of the assessor;
(c) Vicinity maps, stamped by a State of Washington licensed civil engineer or
surveyor, depicting the developer's property, the proposed PHUGA sewer system improvements,
and the proposed assessment reimbursement area;
(d) Statement from a contractor (as defined in JCC 13.02.030) or civil engineer
licensed by the State of Washington containing an itemized estimate of the total projected cost of
construction of PHUGA sewer system improvements. Activities that may be included in the cost
estimate are all costs solely associated with the design and construction of PHUGA sewer system
improvements for the development. This includes elements that the county requires as part of
installation of the PHUGA sewer system improvements, such as concrete panel replacements in
the roadway or Americans with Disabilities Act-compliant ramps and their companion ramps.
These elements may only be included in the total cost, however, if they would not otherwise be
required but for the installation of the PHUGA sewer system improvements;
(e) The developer's proposed allocation of the cost of construction to the individual
properties within the proposed assessment reimbursement area and the method used for such
allocation;
(f) The developer's agreement to provide sufficient security to the PHUGA system
utility and the county to ensure the installation of the PHUGA sewer system improvements and
other performance under the latecomer agreement, as required by RCW 35.91.120(1)(a)(v); and,
(g) The developer's agreement to reimburse the PHUGA system utility and the county
for all of the costs associated with the installation of the PHUGA sewer system improvements,
including but not limited to, engineering, legal, and administrative costs as required by RCW
35.91.120(1)(a)(vi).
(3) In addition to the latecomer application,the applicant shall apply for and obtain all
necessary and required permits required for construction of the PHUGA sewer system
improvements. The application shall meet all design standards and requirements applicable to the
PHUGA sewer system improvements contained in this PHUGA sewer utility code, the PHUGA
sewer manual, and the PHUGA sewer facility plan, as may be updated.
(4) The application for the latecomer agreement shall be made before the PHUGA
sewer system improvements proposed for construction are approved by the director though the
issuance of a right-of-way use or any permit under this PHUGA sewer utility code. Acceptance by
the director shall mean, for the purposes of this section, the date the public facilities are conveyed
to the county by a deed of conveyance or other equivalent written document.
(5) Within 30 days of receipt of the application for a latecomer agreement, the
department shall provide the developer with written notice of whether the application is complete
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and,if incomplete,what must be done for the application to be considered complete.The developer
shall respond in writing to a notice of incompleteness within 30 days and provide the information
required to complete the application; or, if the developer cannot submit the required information
within the 30-day period, the developer shall provide the department with a written explanation
and suggest a date within 60 days that the requested information will be submitted. In its sole
discretion, the director may grant an application for an extension of not more than 60 days to
submit the required information. If the developer fails to meet the foregoing time frame, the
director may, in their discretion, reject the application as untimely.
(6) The director may impose a minimum project size limit and a minimum cost
threshold, among other criteria to establish eligibility of a developer to apply for a reimbursement
agreement. The determination of the director shall be final.
(7) A latecomer agreement application shall not include improvement of a developer's
abutting right-of-way.
(8) The director only may approve the application after determining that the PHUGA
sewer system has the capability and capacity to service the proposed PHUGA sewer system
improvements and development, in the sole discretion of the director.
13.08.040 Review and approval of application for PHUGA sewer system improvements.
(1) The director shall review all and approve the application for the PHUGA sewer
system improvements if all the following criteria are met:
(a) The application is for PHUGA sewer system improvements, as defined in JCC
13.02.160;
(b) The application is timely, complete and the application fee and administrative fee
has been paid;
(c) The proposed PHUGA sewer system improvements are required by applicable
federal, state,or local law to be constructed as a prerequisite to further property development; and,
(d) The proposed PHUGA sewer system improvements are consistent with this
PHUGA sewer utility code,the PHUGA sewer manual,development and building regulations,the
comprehensive plan, and the PHUGA sewer facility plan, as updated.
(2) If any of the above criteria are not met, the director shall either condition approval
as necessary in order for the application to conform to such criteria or deny the application. The
final determination of the director shall be in writing.
13.08.050 Preliminary determination.
Upon approval of a latecomer application,the department shall formulate a preliminary assessment
reimbursement area and preliminary assessment amount for each real property included in the
preliminary assessment reimbursement area as follows:
(1) The assessment reimbursement area shall be formulated based upon a
determination of which parcels in the proposed area would require similar PHUGA sewer system
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improvements upon development or redevelopment or would be allowed to connect to or use the
PHUGA sewer system.
(2) A pro rata share of the cost of the PHUGA sewer system improvements shall be
allocated to each property included in the assessment reimbursement area based upon the benefit
to the property owner. The method or methods used to calculate the allocation of the assessment
may be either front footage, number of units, square footage, zone termini method, or other
equitable method, as determined by the director.
13.08.060 Preliminary determination notice.
(1) The director shall determine the assessment for parcels within the assessment
reimbursement area by calculating the pro rata share of the cost of construction for each property
which might be served by the PHUGA sewer system, and thus within the benefit area.
(2) The preliminary assessment reimbursement area and the preliminary assessment
amounts formulated by the department shall be sent by certified mail to the developer and the
property owners of record within the preliminary assessment reimbursement area. The notice shall
contain:
(a) The assessment reimbursement area boundaries;
(b) The preliminary assessments; and,
(c) A description of the property owner's rights and options under this chapter,
including the right to request a public hearing before the hearing examiner with respect to inclusion
within the area boundaries and assessments.
(3) Within 20 days of the mailing of the preliminary determination, the developer or
any property owner within the preliminary assessment reimbursement area may request in writing
that a hearing be held before the hearing examiner pursuant to chapter 13.09 JCC to contest the
preliminary assessment reimbursement area or the preliminary assessment amounts,or both.
(4) Notice of the hearing shall be given to the developer and all property owners within
the preliminary assessment reimbursement area. The hearing before the hearing examiner shall be
conducted as soon as reasonably practical subject to chapter 2.30 JCC and the Hearing Examiner
Rules of Procedure as currently enacted or as later amended.
(5) The hearing examiner shall conduct a public hearing and make a recommendation
to the board of county commissioners. The report shall include findings of fact and conclusions of
law, and the hearing examiner shall include with the recommendation a complete record of the
proceedings.
(6) After considering the record the hearing examiner's report, and public comment
thereon, if any, the board of county commissioners may adopt, modify, or reject the hearing
examiner's recommendations in whole or in part or it may render its own findings and conclusions.
(7) The board of county commissioners determination of the assessment
reimbursement area and the assessment shall be determinative and final. In the event no written
request for a hearing is received within the allotted time,the determination of the department shall
be final.
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13.08.070 Latecomer agreement.
Based upon the final determination of the preliminary assessment reimbursement area and the
preliminary assessment as specified in JCC 13.08.060(7),the department shall prepare a latecomer
agreement, which shall be consistent with the requirements of this chapter and RCW 35.91.120.
13.08.080 Execution, notice, and recording.
(1) The completed latecomer agreement shall be mailed to the developer by certified
mail. The developer shall be sign and notarize the latecomer agreement and return an original copy
to the department.If the latecomer agreement is not executed and returned to the department within
60 days of the date it was mailed to the developer, the latecomer agreement will become null and
void. The director may consider an extension of this period by a showing of hardship or excusable
neglect on the part of the developer.
(2) The director shall file the fully executed latecomer agreement in the official
property records of Jefferson County, Washington, within 30 days of final execution of the
latecomer agreement; provided, that the developer shall have an independent duty to review the
Jefferson County auditor's records to confirm that the latecomer agreement has been properly and
timely recorded. The reimbursement agreement and the survey of record reflecting the assessment
reimbursement area or benefit area shall be recorded with the county auditor and shall include a
listing of all parcels (by tax number) or portions of parcels that are within it. The developer shall
bear all costs of recording.
(3) No latecomer agreement shall be effective as to any property owner who is not a
party to the latecomer agreement unless the latecomer agreement has been recorded with the
Jefferson County auditor. Recording of the latecomer agreement shall occur prior to connection to
the PHUGA sewer system.
(4) Once the latecomer agreement and notice are recorded and mailed, the latecomer
agreement and assessment shall be binding on all property owners of record within the assessment
reimbursement area.
13.08.090 Construction—final costs and conveyance.
(1) After the latecomer agreement has been signed by all parties and all necessary
permits and approvals have been obtained, including but not limited to a right-of-way use permit,
pretreatment permit, sewer connection permit, the developer shall construct the PHUGA sewer
system improvements and, upon completion, request final inspection and acceptance of the
PHUGA sewer system improvements by the department subject to any required obligation to repair
defects.
(2) Within 120 days of completion of construction, the developer shall provide the
department with documentation of the actual costs of the PHUGA sewer system improvements
and a certification that all of the costs have been paid. The final cost of the PHUGA sewer system
improvements shall be reviewed against the preliminary assessments established by the director.
Upon a showing of good cause, the agreement shall be modified to include cost overruns up to a
maximum of 10 percent. In the event the actual costs are less than the director's estimate by 10
percent or more, the director shall recalculate the charges and reduce them accordingly. For any
revisions of costs under this section,the director shall cause a revised list of charges to be recorded
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with the Jefferson County auditor, with a notice to title on each property within the assessment
reimbursement area.
(3) After the requirements of subsections(1)and(2)of this section have been satisfied,
the developer shall provide the director with an appropriate deed of conveyance or other equivalent
written document transferring ownership of the PHUGA sewer system improvements to the
county, together with any sewer easements necessary to ensure the county's right of access for
maintenance of the PHUGA sewer system improvements. title to the PHUGA sewer system
improvements shall be conveyed to the county free of all encumbrances.
(4) No connection to, or other use of,the PHUGA sewer system improvements will be
permitted until the county has officially accepted the construction and title to the PHUGA sewer
system improvements has been conveyed to the county.
(5) All construction,inspection and testing shall conform to the PHUGA sewer manual
and this chapter.
13.08.100 Defective work,
The developer shall be responsible financially for all work by the developer found to be defective
within one year after the date of acceptance of the PHUGA sewer system improvements by the
county.
13.08.110 Payment of latecomer assessments — remittance to developer.
(1) Upon recording,the latecomer agreement and assessment shall be binding upon all
properties located within the assessment reimbursement area. Assessments shall be paid to the
county in one lump sum, including interest through the date of payment, as follows:
(a) Assessments for PHUGA sewer system improvements shall be paid prior to
issuance of the first applicable permit which authorizes connection to or use of the PHUGA
sewer system improvements. If a benefitting parcel subdivides, consolidates, or otherwise
adjusts its lot boundary, the pro rata share encumbrance will still apply to the entire parent
parcel.The first connection from the parent parcel that triggers the reimbursement payment will
be required to pay the full pro rata share.
(b) The developer shall pay an administrative fee for processing latecomer assessments
as specified in the PHUGA sewer system fee schedule.
(2) The county shall remit the amounts due to the developer within 60 days of receipt.
(3) When the assessment for PHUGA sewer system improvements and all latecomer
agreement charges required by JCC 13.08.150 have been paid in full, the director shall record
a certification of payment that will release the property from the latecomer agreement.
(4) The latecomer agreement charges required by JCC 13.08.150 shall be in addition
to all other charges, including connection charges, system development charges, and any other
charges which must be paid by person applying for connection to the PHUGA sewer system.
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13.08.120 Segregation.
The department shall, upon the application of any property owner within the assessment
reimbursement area, segregate the assessment. The application shall be on a form developed by
the department. The segregation shall be based upon the same factors applied when the
assessments were originally established. The property owner seeking segregation of the
assessment shall pay the segregation charge and recording fees as listed in PHUGA sewer system
fee schedule.
13.08.130 Term of latecomer agreements.
(1) Each latecomer agreement shall provide for reimbursement for a period no longer
than 20 years from the date of its recording,unless earlier terminated as provided in subsection(2)
of this section. The latecomer agreement may provide for extensions as specified in RCW
35.91.020(4).
(2) The county may terminate a latecomer agreement if the developer fails to
commence or complete construction within the time and manner required in the right-of-way use
permit or sewer connection permit for the PHUGA sewer system improvements. In the event of
termination, the director shall record a release of latecomer agreement in the Jefferson County
auditor's office.
13.08.140 Latecomer agreement charges.
(1) The developer shall pay the following charges:
(a) Application Fee. The developer shall be responsible for payment of the application
fee as set forth in the PHUGA sewer system fee schedule for each latecomer agreement. The
application shall be on a form developed by the department;
(b) Administrative Fee. The department may charge a fee for administering the
latecomer process equal to one percent of the estimated cost of construction;
(c) Recording Fee. For every separate parcel or property within the developer's
proposed assessment reimbursement area, the county shall charge the most current Jefferson
County auditor's recording fees per parcel;
(d) Cost of Security. The cost of sufficient security to the PHUGA system utility and
the county to ensure the installation of the PHUGA sewer system improvements and other
performance under the latecomer agreement, as required by RCW 35.91.120(l)(a)(v); and,
(e) All Costs of Installation. All of the costs associated with the installation of the
PHUGA sewer system improvements, including but not limited to, engineering, legal, and
administrative costs as required by RCW 35.91.120(1)(a)(vi).
(2) The application fee shall be paid upon application for a latecomer agreement. All
remaining latecomer agreement charges shall be paid prior to, and as condition of, the mailing of
the preliminary determination notices.
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13.08.150 Appeal.
(1) With the exception of the determination of the preliminary assessment
reimbursement area and preliminary assessment as provided by JCC 13.08.060, a developer or
property owner of a property located within the assessment reimbursement area may appeal the
interpretation, implementation, or decisions of the director concerning administration of this
chapter to the hearing examiner as provided in this section and chapter 13.09 JCC. The appeal
must be filed within 20 days of the date of the action or decision being appealed, include a
statement of claimed errors concerning the proposed assessment,and be accompanied by an appeal
fee as set forth in the PHUGA sewer system fee schedule. Errors which are not set forth in writing
and which do not adhere to the criteria listed below will not be considered. The appeal must
conform to all requirements of chapter 2.30 JCC and the Hearing Examiner Rules of Procedure as
adopted.
(2) Appeal Criteria. Objections by a benefiting property owner to the recording of a
potential assessment against their property does not constitute a valid appeal. Errors identified in
an appeal must be related to cost, methodology for cost distribution, or benefit to the property as
described below:
(a) Cost. If the benefiting property owner contests these costs, they must provide a
basis for the claim discrepancy, such as an estimate from a contractor or other reliable source.
(b) Cost Methodology. If the benefiting property owner contests the cost methodology
used, they have to show why it is not equitable and provide their suggested alternate method of
assessment and the justification for its use in place of the method recommended by the director.
(c) Benefit. If a benefiting property owner contests benefit, they must provide a
statement or documentation on why a particular parcel has no future potential benefit.
13.08.160 Enforcement of latecomer obligations.
(1) In processing and imposing obligations in this chapter for reimbursement of
developers,the county in no way guarantees payment of assessments by latecomers,enforceability
of assessments, or enforceability of the latecomer agreement or the accuracy of the amount(s)
thereof against such persons or property.Nor will the offices or finances of the county be used for
enforcement or collection of latecomer obligations beyond those duties specifically undertaken by
the county herein. The PHUGA sewer utility and the county shall not be responsible for locating
any beneficiary or survivor entitled to any benefits by or through a latecomer agreement.
(2) Every two years from the date the latecomer agreement is executed, a developer
entitled to reimbursement under this chapter shall provide the department with information
regarding the current contact name, address, and telephone number of the person, company, or
partnership that originally entered into the latecomer agreement. If the developer fails to comply
with the notification requirements of this subsection within 60 days of the specified time,then the
department may collect any reimbursement funds owed to the developer under the latecomer
agreement. Those funds shall be deposited in a sewer utility capital fund.
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13.08.170 County participation authorized.
(1) The county may participate in financing a PHUGA sewer system improvement
project authorized, improved, or constructed in accordance with this chapter as authorized under
RCW 35.91.020 and shall have the right of reimbursement as described therein.
(2) The county on its own initiative may solely perform PHUGA sewer system
improvement projects authorized, improved, or constructed in accordance with this chapter as
authorized under RCW 35.91.060 and shall have the right to reimbursement as described therein.
In such situations, the county shall take action by ordinance to establish the reimbursement area
and reimbursement allocations.
13.08.180 Interpretation and consistency with state law.
This chapter shall be interpreted according to its terms;provided,that if an inconsistency between
this chapter and state law arises, this chapter shall be interpreted in a manner consistent with
chapter 35.91 RCW.
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Chapter 13.09 APPEALS
Sections:
13.09.010 Applicability.
13.09.015 Appeal procedures in this chapter to be supplemented by title 19 JCC.
13.09.020 Appeal and administrative hearing officer.
13.09.030 Service of administrative hearing notice.
13.09.040 Administrative hearing procedure.
13.09.050 Administrative hearing decision.
13.09.060 Issuance of administrative hearing decision.
13.09.070 Appeal to the hearing examiner.
13.09.080 Hearing examiner appeal procedure, decision,payment of costs, and judicial review.
13.09.090 Final decision.
13.09.010 Applicability.
(1) Except as limited in this section, this chapter shall apply to any appeal permitted
under this PHUGA sewer utility code, including but not limited to:
(a) Equivalent residential unit ("ERU") determinations for monthly user charges and
system development charges("SDC")made pursuant to JCC 13.05.040(2)(c); and,
(b) Appeals permitted pursuant to chapter 13.07 JCC.
(2) This chapter does not apply to any other appeal that could be brought pursuant to
title 19 JCC, including,but not limited to civil code violations as defined in JCC 19.10.015(14)or
nuisances as defined under JCC 19.10.015(36), a determination that an on-site sewage system is
failing, or the existence of sewage on the ground.
(3) This chapter does not apply to any determination made by the department of public
health concerning denial or issuance of a permit for on-site sewage systems, including appeal of
the denial of a repair or replacement of an on-site sewage system due to the availability of a public
sewer system pursuant to JCC 13.04.070(2)or JCC 13.11.030(3)(b).
(4) This chapter does not apply to any appeal of a preliminary notice of an assessment
reimbursement area or preliminary assessment pursuant to chapter 13.08 JCC, which shall be
conducted in accordance with JCC 13.08.060.
13.09.015 Appeal procedures in this Chapter to be supplemented by title 19 JCC.
The appeal procedures set out in JCC 13.09.020 through JCC 13.09.090 are intended to replicate
the appeal procedures set out in chapter 19.35 JCC. Should there be omissions in the procedure set
out in this chapter that have been addressed in chapter 19.35 JCC,the provisions of chapter 19.35
JCC shall apply.
13.09.020 Appeal and administrative hearing officer.
(1) Any aggrieved person may appeal any decision identified in JCC 13.09.010(1)
within 15 days of mailing. The notice of appeal shall request an appeal hearing and specify the
grounds for the appeal, including the alleged errors.
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(2) An administrative hearing on the appeal will be conducted by an administrative
hearing officer, who shall be the health officer or a disinterested director, or their designee.
13.09.030 Service of administrative hearing notice.
(1) The notice of the administrative hearing shall be on a form developed by the
department and shall contain the date, time, and location of the administrative hearing, a copy of
the administrative hearing officer's decision, and the name and telephone number of the
administrative hearing officer.
(2) The notice of the administrative hearing shall be served on the aggrieved person by
mailing a copy to their last known mailing address.
(3) The person effectuating the service shall sign a declaration under oath pursuant to
chapter 5.50 RCW with the date and address that the personal service or mailing was made. Service
by mail shall be deemed effective upon the third business day following the day of mailing.
13.09.040 Administrative hearing procedure.
(1) The administrative hearing officer shall conduct a hearing pursuant to shall occur
in accordance with this section.
(2) There shall be no filing fee for an administrative hearing, nor shall any cost
associated with the administrative hearing be assigned to the aggrieved person, regardless of the
outcome of the hearing. This subsection does not limit the authority of the administrative hearing
officer to affirm or assign monetary penalties or costs, excluding the cost of conducting the
administrative hearing.
(3) The administrative hearing shall be conducted within 45 days of the request for the
administrative hearing, unless the aggrieved person agrees to an extension.
(4) The department shall prove by a preponderance of the evidence that the decision
was made in accordance with the requirements of this PHUGA sewer utility code. The department
shall have the burden of proving by a preponderance of the evidence that the decision was made
in accordance with the requirements of this PHUGA sewer utility code. Formal rules of evidence
shall not apply to the administrative hearing.
(5) The department shall develop a departmental report explaining the decision and
how the decision is in accordance with this PHUGA sewer utility code.
(6) Administrative hearings shall be informal. The administrative hearing shall be
conducted on the record and shall allow for testimony from department staff,the aggrieved person
and any witnesses called by the department staff or the aggrieved person. The department staff or
the aggrieved person may submit evidence for consideration by the administrative hearing officer.
An administrative hearing shall not allow public testimony, written or oral.
(7) Failure to appear. If the aggrieved person fails to appear at the scheduled hearing
or present a written statement in time for consideration at the hearing, the administrative hearing
officer shall enter an order of default with findings.The department may enforce the administrative
hearing officer's decision and recover any related expenses. A copy of the order of default shall
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be mailed to the aggrieved person and against whom the default order was entered and to the
department.
13.09.050 Administrative hearing decision.
Within 15 days after the conclusion of the administrative hearing, the administrative hearing
officer shall issue a decision that shall comply with the following requirements:
(1) The administrative hearing officer shall:
(a) Affirm the director's decision;
(b) Dismiss the director's decision; or,
(c) Modify the director's decision.
(2) The administrative hearing officer shall make findings and conclusions of law
supporting the decision, and include information describing how the decision may be appealed;
and,
(3) A copy of the administrative hearing officer's decision shall be mailed to the
aggrieved person and the department.
13.09.060 Issuance of administrative hearing decision.
The administrative hearing officer shall issue a decision within 15 days of the administrative
hearing, unless the administrative hearing officer determines that more time is necessary. The
decision shall be mailed by first class and certified mail,or hand-delivered to the aggrieved person.
The decision shall become the final agency decision, if it is not timely appealed pursuant to JCC
13.09.070.
13.09.070 Appeal to the hearing examiner.
The aggrieved person may appeal the decision of the administrative hearing officer to the Jefferson
County hearing examiner within 15 days of mailing the administrative hearing officer's decision.
A$750.00 filing fee is required to file an appeal with the hearing examiner.This fee may be waived
for an indigent appellant upon application to the director on forms developed by the department.
An appeal to hearing examiner must be filed with the office of the hearing examiner, which is
housed within the county administrator's office.
13.09.080 Hearing examiner appeal procedure, decision, payment of costs, and judicial
review.
(1) The notice of appeal shall contain:
(a) Full name of the appellant;
(b) Mailing address and email address(if available)of appellant;
(c) A copy of the administrative hearing officer decision and the original director's
decision;
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(d) A concise statement of the factual and legal basis for the appeal citing specifically
the alleged errors in the administrative hearing officer decision; and,
(e) The specific relief sought.
(2) Payment of appeal fees or a request for waiver of fees pursuant to JCC 13.09.070
must be submitted concurrently with filing.
(3) An appeal will not be accepted if it is not accompanied by the full payment of appeal
fees or an approved waiver of fees pursuant to JCC 13.09.070.
(4) A hearing on a hearing examiner appeal shall be conducted within 60 days of the
later of a notice of appeal or the date of approval of a waiver of fees pursuant to JCC 13.09.070,
unless the aggrieved person agrees to an extension.
(4) The hearing examiner appeal shall occur in accordance with this PHUGA sewer
utility code and shall be conducted in accordance with the chapter 2.30 JCC and the Hearin
Examiner Rules of Procedure as adopted. The department shall have the burden of proving by a
preponderance of the evidence that the decision was made in accordance with the requirements of
this PHUGA sewer utility code. Formal rules of evidence shall not apply to hearings before the
hearing examiner.
(5) Staff shall develop a departmental report explaining the director's decision and how
it is in accordance with this PHUGA sewer utility code.
(6) The administrative hearing shall be conducted on the record and shall allow for
testimony from department staff or the aggrieved person and any witnesses called by the
department or the aggrieved person. The department or the aggrieved person may submit evidence
for consideration by the examiner. Hearing examiner appeals shall not allow public testimony,
written or oral.
(7) Hearing examiner decision.
(a) At the conclusion of the hearing, the examiner shall either: (i) affirm the
administrative hearing officer's decision;(ii)dismiss the administrative hearing officer's decision;
or, (iii)modify the administrative hearing officer's decision.
(b) The examiner shall make findings and conclusions of law supporting their decision,
consistent with chapter 2.30 JCC and the Hearing Examiner Rules of Procedure as adopted.
(c) A copy of the examiner's decision shall be mailed to the aggrieved person, and the
department.
(8) Failure to appear. If the aggrieved person fails to appear at the scheduled hearing
examiner appeal or present a written statement in time for consideration at the hearing, the
examiner shall enter an order of default with findings and assess appropriate costs and expenses to
the aggrieved person. The director may enforce the examiner's decision and recover all related
expenses, including attorney's fees and staff time,plus the costs of the hearing from the aggrieved
person. A copy of the order of default shall be mailed to the aggrieved person against whom the
default order was entered, and to the department.
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(9) Costs. If the aggrieved person substantially prevails before the hearing examiner,
meaning the examiner either dismisses the administrative hearing officer's decision or
substantially modifies the administrative hearing officer's decision, then the hearing examiner
filing fee shall be refunded and no costs for the hearing examiner appeal shall be assigned to the
aggrieved person. If the person responsible does not substantially prevail at the hearing, the
examiner may assign all hearing and related costs to the aggrieved person including attorney's fees
and staff time. This subsection does not limit the authority of the examiner to affirm or assign
monetary penalties or costs associated with a code compliance case.
(10) Judicial review. A final decision by the hearing examiner shall be final and
conclusive, unless proceedings for review.of the decision are properly commenced in superior
court within the time period specified by state law.
13.09.090 Final decision.
(1) If the director's decision is not timely appealed within 15 days of mailing the
decision,then the director's decision shall be a final decision.
(2) If the decision of the administrative hearing officer is not appealed to the hearing
examiner within 15 days of mailing the decision then the decision of the administrative hearing
officer shall become a final agency decision and order.
(3) A final decision by the hearing examiner shall be final and conclusive, unless
proceedings for review of the decision are properly commenced in superior court within the time
period specified by state law.
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APPENDIX B
Miscellaneous Amendments to the Jefferson County Code
Section 2.30.080 of the Jefferson County Code, last amended by Ordinance 12-1028-19 on
October 28, 2019, is amended to read.•
JCC 2.30.080 Examiner—Power and duties.
(1) The examiner shall have the power to appoint deputy examiners, subject to
confirmation by the board of county commissioners. The deputy examiners shall assist the
examiner in the performance of the duties conferred upon the examiner and shall have all the
powers and duties of the examiner.
(2) The examiner shall receive and examine available relevant evidence, conduct
hearings,cause preparation of the official record,prepare and enter findings of fact and conclusions
of law, and issue final decisions for:
(a) Land Use Hearings.
(i) Type III land use decisions pursuant to chapter 18.40 JCC;
(ii) Appeals of Type II land use decisions pursuant to chapter 18.40 JCC;
(iii) Appeals of administrative interpretations made pursuant to Article VI of chapter
18.40 JCC;
(iv) Appeal of a SEPA threshold determination made pursuant to Article X of chapter
18.40 JCC, except for determinations of significance;
(v) Hearings to suspend,revoke,or modify an issued examiner's decision,approval,or
permit for land use matters under JCC 18.40.325; and,
(vi) Any other land use hearing not prohibited by law assigned by the board of county
commissioners through an ordinance.
(b) Non-Land-Use Hearings.
(i) Operating permits for a new commercial shooting facility under Article III of
chapter 8.50 JCC (Commercial Shooting Facilities);
(ii) Appeal of an administrative decision regarding operating permits for existing
commercial shooting facilities under Article III of chapter 8.50 JCC (Commercial Shooting
Facilities);
(iii) Administrative appeals under chapter 19.40 JCC (Hearing Examiner Appeals for
Nuisances);
(iv) Hearings for vehicle nuisances under chapter 19.25 JCC(Vehicle and Public Right-
of-Way Nuisances);
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(v) Appeal of an administrative decision regarding sexually oriented business licenses
under chapter 5.10 JCC (Licensing and Operation of Sexually Oriented Business Facilities);
(vi) Appeals assigned to the hearing examiner under the PHUGA Sewer Utility Code
(chapters 13.01-13.09 JCC;
(vii) Hearings to suspend,revoke,or modify an issued examiner's decision,approval,or
permit for non-land-use matters under JCC 2.30.140; and,
(viii) Any other non-land-use proceeding not prohibited by law assigned by the board of
county commissioners through an ordinance.
(3) The examiner shall receive and examine available relevant information, including
environmental documents, conduct hearings, cause preparation of the official record,prepare and
enter findings of fact and conclusions of law, and issue recommendations to the board of county
commissioners for road vacations under chapter 12.10 JCC (non-land-use hearing).
(4) Subpoena Authority. The examiner shall have the authority to issue subpoenas
compelling the appearance of witnesses, the production of documents or other physical evidence,
and the inspection of physical evidence.
Section 19.10.010 of the Jefferson County Code, last amended by Ordinance 09-1210-20 on
December 22,2020, is amended to read.-
JCC 19.10.010 Applicability.
This title shall apply to enforcement actions under the following statutes, regulations, ordinances,
or health officer directive, or health officer order(s)as they now exist, or as they may hereafter be
amended:
(1) Title 8 JCC, any statute, regulation, or ordinance listed in JCC 8.01.030, except:
(a) Suspension or revocation for any permit, license, or certificate listed in JCC
8.01.030;
(b) Stop work orders for any permit listed in JCC 8.01.030; and,
(c) Notice to vacate issued under JCC 8.10.950.
(2) Title 12 JCC, chapter 12.05 JCC, Approaches to County Roads.
(3) Chapters 13.01- 13.09 JCC, PHUGA Sewer Utility Code.
(4) Title 15 JCC, chapter 15.05 JCC, Building Codes.
(5) Title 15 JCC, chapter 15.15 JCC, Flood Damage Prevention.
(6) Title 17 JCC, Master Planned Resorts—All chapters.
(7) Title 18 JCC,Unified Development Code—All chapters.
72
(8) Any other statutes, regulations, ordinances, health officer directive, or health officer`
order(s)defined as a civil code violation pursuant to JCC 19.10.015(14).
73
RED LINE vpRS101V
STATE OF WASHINGTON
COUNTY OF JEFFERSON
An Ordinance Adopting a Sewer Utility Code
for the Port Hadlock Urban Growth Area,
with New Chapters 13.01,13.02,13.03,13.04,
13.05,13.06,13.07,13.08,and 13.09 of the ORDINANCE NO.
Jefferson County Code and Amending JCC
2.30.080 and JCC 19.10.010
WHEREAS, RCW 36.94.020 authorizes Jefferson County to construct, operate and
maintain, conduct, and operate systems of sanitary sewerage, and grants Jefferson County the
authority to control,regulate,operate,and manage such systems of sanitary sewerage;and,
WHEREAS,the Washington Constitution. Article XI, Section 11,confers upon county
legislative authorities the police power to adopt regulations necessary to protect the health,safety,
and well-being of its residents;and,
WHEREAS,RCW 36.32.120(7)provides that the county legislative authorities shall make
and enforce,by appropriate resolutions or ordinances,all such police and sanitary regulations as
are not in conflict with state law;and,
WHEREAS, local governments have considerable latitude in exercising police powers
through enacting reasonable regulations. A regulation is reasonable if it promotes public safety,
health,or welfare,and bears a reasonable and substantial relation to accomplishing the purpose
being pursued;and,
WHEREAS, detailed planning for the designation of an Irondale Port Hadlock Urban
Growth Area("PHUGA")in compliance with the requirements of the Growth Management Act
("GMA") started and has been ongoing since the adoption of the first Jefferson County GMA
Comprehensive Plan in 1998;and,
WHEREAS,development of a sewer system is required to provide urban services in the
PHUGA so that urban development may occur,as required by RCW 36.70A.l 10 under the GMA;
and,
WHEREAS,Jefferson County needs urban services to stimulate economic development
and the growth of affordable housing;and,
WHEREAS,the University of Washington College of the Built Environment currently
ranks Jefferson County as the second least affordable county in Washington based on median home
prices compared to wages;and,
WHEREAS,the Department of Public Works developed the"Port Hadlock UGA Sewer
Facility Plan"in 2008 and updated the plan in 2021 as the"Port Hadlock UGA Sewer Facility Plan
Update;"and,
WHEREAS,the"Port Hadlock UGA Sewer Facility Plan"has been adopted as an element
of Jefferson County's comprehensive plan,consistent with RCW 36.94.030;and,
1
WHEREAS, the Port Hadlock UGA Sewer Facility Plan, as updated, meets the
Washington Administrative Code ("WAC") requirements for comprehensive sewer plans and
engineering reports(see WAC 173-240-050 and WAC 173-240-060), and the requirements for
facility plans established in the Code of Federal Regulations("CFR")(see 40 CFR Part 35.2030);
and,
WHEREAS,through the tireless efforts of many individuals, including local, state and
federal elected officials; the department of public works director Monte Reinders, and other
employees of Jefferson County,sufficient funding was secured by Jefferson County to develop the
PHUGA sewer system;and,
WHEREAS,the development of the Port Hadlock UGA sewer system("PHUGA sewer
system")is consistent with Goal CF-6 of the Jefferson County Comprehensive Plan Goal CF-G-
6,which states:"Promote sanitary sewer systems that accommodate growth,are cost-effective to
construct and operate,and are consistent with the Comprehensive Plan;and,
WHEREAS,the PHUGA sewer system is being installed in Port Hadlock;and,
WHEREAS,to become operational,the Board of County Commissioners needs to adopt
a sewer utility code;and,
WHEREAS,RCW 36.94.130 authorizes the board of county commissioners to adopt by
reasonable rules and regulations governing the construction, maintenance, operation, use,
connection and service of the system of sanitary sewerage;and,
NOW,THEREFORE,BE IT ORDAINED by the Board of County Commissioners of
Jefferson County,Washington as follows:
Section 1.Whereas Clauses are Findings of Fact.The Whereas clauses above are findings of fact
for this ordinance.
Section 2.Purpose.The purpose of adoption of the PHUGA sewer utility code is to:
(1) Provide for the planning, design, construction, use, maintenance, repair,
improvement,extension,replacement,and inspection of the PHUGA sewer system;
(2) Establish programs and regulations to provide for the appropriate use of the
PHUGA sewer system;
(3) Provide for the enforcement of the provisions of this code;
(4) Provide for the adoption of engineering standards,county manuals,and technical
specifications;
(5) Provide for and promote the health,safety,and welfare of the general public;
(6) Establish charges for constructing,operating,and maintaining the PHUGA sewer
system;and,
(7) Provide for appeals of certain decisions of the Director of Public Works.
2
Section 3.Adoption of PHUGA Sewer Utility Code.The PHUGA sewer utility code as set out in
Appendix A is hereby adopted.
Section 4. Miscellaneous Amendments. Miscellaneous amendments to implement the PHUGA
sewer utility code to JCC 2.30.080 and JCC 19.10.010 as set out in Appendix B are hereby adopted.
Section 5.SEPA Compliance.
In 2009, the County incorporated the Port Hadlock UGA Sewer Facility Plan (2008) ("Sewer
Plan")into the County's Comprehensive Plan Capital Facilities Element("CFE")to comply with
the Growth Board's decision finding noncompliance with the County's Urban Growth Area
("UGA")and GMA capital facilities planning.Ordinance No. 03-0323-09(Re: MLA09-00024,
UGA Final Compliance Action).Ordinance No.03-0323-09 states:
WHEREAS, Jefferson County issued an Addendum document pursuant to the
Washington State Growth Management Act and State Environmental Policy Act
(SEPA)on February 4,2009,which is hereby incorporated by reference;
WHEREAS, the SEPA Responsible Official at the Department of Community
Development has determined that existing environmental documents, augmented
by the integrated SEPA Addendum, provide adequate environmental review to
satisfy the requirements of WAC 197-11-600;
Ordinance No.03-0323-09 at 3.
4. The Department of Public Works and Community Development have
drafted a feasible financing plan for a sanitary sewer system for the first six years,
have completed sound engineering for effluent discharge that will not harm the
environment, and have provided for the economic needs of the local population,
now and into the future.
Ordinance No.03-0323-09 at 4.
6. The following environmental documents have been adopted pursuant to
SEPA administrative rules:
• Draft and Final Environmental Impact Statements (DEIS/FEIS) and
addenda prepared in anticipation of adoption of the Comprehensive Plan in
1998.The DEIS and FEIS are dated February 24, 1997 and May 27, 1998,
respectively,and examined the potential cumulative environmental impacts
of adopting alternative versions of the Comprehensive Plan.
• Draft and Final Supplemental EIS (DSEIS/FSEIS) and addenda for the
Comprehensive Plan 1999 Amendments,also known as Tasks III and IV of
the Tri-Area/Glen Cove Special Study.The DSEIS and FSEIS are dated
June 30, 1999 and August 18, 1999, respectively, and examined the
potential environmental impacts of adopting one of the identified planning
alternatives for the Tri-Area of Chimacum-Port Hadlock-Irondale and the
Glen Cove mixed use area.
3
• DCD Integrated Staff Report and DSEIS/FSEIS for the 2002,2003,2004,
2005 and 2006 Comprehensive Plan Amendment Dockets. Amidst other
information, the adopted documents provide background and analysis on
the designation of a UGA in the Irondale&Port Hadlock area.
• DCD Integrated GMA/SEPA Staff Report dated February 21,2007.
• DCD Integrated GMA/SEPA Staff Report dated February 4,2009.
Ordinance No. 03-0323-09 at 4-5.As amended,the Comprehensive Plan incorporated the entire
Sewer Plan and it was added as an Appendix to the CFE.Ordinance No.03-0323-09 at 83.A copy
of the SEPA checklist was included in the Sewer Plan—Environmental Report and SEPA
Checklist.Details from the Sewer Plan were directly incorporated into the Comprehensive Plan's
6-year CFP.Ordinance No.03-0323-09 at 79.
The Sewer Plan is an engineering document;however,in addition to the engineering specifications
it adopted a 6-year and 20-year financing plan to implement the 2008 Sewer Plan or its alternatives.
Id.The Growth Board found that the County's CFE,Capital Facilities Plan("CFP'),and Sewer
Plan's met GMA planning requirements with a financing plan,service areas,phasing,component
details,and consistency.Irondale Community Action Neighbors(ICAN)et al.v.Jefferson County,
WWGMHB No.07-2-0012c,at 7-10(Compliance Order.May 1,2009).
The Sewer Plan was updated in 2021. Port Hadlock UGA Sewer Facility Plan Update and
Appendices(Feb.2021).The revisions to the Sewer Plan mostly related to funding,engineering
specifications(low pressure system with grinders),and minor modifications to the core service
area. The revisions allowed the County to implement sewering the core service area within six
years.A Comprehensive Plan Amendment(MLA20-00102)was adopted for the updated Sewer
Plan in Ordinance No. 01-0426-21, when the 2020 Comprehensive Plan Docket was approved
Ordinance No.01-0426-21 included a SEPA review through a staff issued Addendum to the 1998
Draft and Final Jefferson County Comprehensive Plan Environmental Impact Statements("EIS")
and subsequent Supplement EISs,and a SEPA Checklist and Addendum that addressed the 2020
Docket items, including the proposed revisions to the Comprehensive Plan. Ordinance No. 01-
0426-21 at 2.
The County published a SEPA Addendum on February 28, 2021. The SEPA Addendum and
supporting SEPA Environmental Checklists provide additional information relating to the
Jefferson County Final Environmental Impact Statement ("Final EIS"), May 27, 1998 and
associated SEPA documents.These SEPA documents were adopted and the additional information
was determined not to involve significant new impacts. A Determination of Significance and
Notice of Adoption was published on February 28,202 1.Ordinance No.01-0426-21 at 8.
An agency may use previously prepared environmental documents to evaluate proposed actions,
alternatives,or environmental impacts.The proposals may be the same as or different than those
analyzed in the existing documents(WAC 197-11-600(2)).These documents are listed in response
to Question 8 of the SEPA Environmental Checklist and in the Addendum and were adopted in
association with the Comprehensive Plan and development regulations adopted in Ordinance No.
01-0426-21.This ordinance is within the scope of the previous EIS documents and the February
28,2021 Determination of Significance and Notice of Adoption.
Section 10.Effective Date:This ordinance shall take effect immediately upon adoption.
4
(SIGNATURES FOLLOW ON NEXT PAGE)
5
ADOPTED this_day of 2024.
JEFFERSON COUNTY
BOARD OF COUNTY COMMISSIONERS
SEAL:
Kate Dean,Chair
Greg Brotherton,Member
ATTEST:
Heidi Eisenhour,Member
APPROVED AS TO FORM:
Carolyn Gallaway,—Date Philip C.Hunsucker, Date
Clerk of the Board Chief Civil Deputy Prosecuting Attorney
6
APPENDIX A
SEWER UTILITY CODE FOR
THE IRONDALE AND PORT HADLOCK URBAN GROWTH AREA
Chapters 13.01 through 13.09 of the Jefferson County Code
7
Table of Contents
Chapter 13.01 General Provisions
Sections:
13.01.010 Port Hadlock UGA sewer utility created.
13.01.020 Purpose.
13.01.030 Construction and Severability.
13.01.040 Minimum requirements and conflict of provisions.
13.01.050 Responsibilities of the sewer utility.
13.01.060 County not liable for damages.
Chapter 13.02 Definitions
Sections:
13.02.005 Interpretation of terms-general rules.
13.02.010 "A"definitions.
13.02.020 "B"definitions.
13.02.030 "C"definitions.
13.02.040 "D"definitions.
13.02.050 "E"definitions.
13.02.060 "F"defimitions.
13.02.070 "G"definitions.
13.02.080 "H"definitions.
13.02.090 "I"definitions.
13.02.100 "J"definitions.
13.02.110 "IC"definitions.
13.02.120 "L"definitions.
13.02.130 "M"definitions.
13.02.140 "N'definitions.
13.02.150 "O"definitions.
13.02.160 "P"definitions.
13.02.170 "Q"definitions.
13.02.180 "R"definitions.
13.02.190 "S"definitions.
13.02.200 "T'definitions.
13.02.210 "U"definitions.
13.02.220 "V"definitions.
13.02.230 "W'definitions.
13.02.240 "X"definitions.
13.02.250 "Y"definitions.
13.02.260 "Z"definitions.
Chapter 13.03 Authority and Relationship to Plans
Sections:
13.03.010 Authority.
13.03.020 Technical standards and specifications incorporated by reference.
8
Chapter 13.04 Connection to PIWGA Sewer System
Sections:
13.04.010 Connection-when required or permitted.
13.04.020 Mobile home park requirements.
13.04.030 PHUGA sewer system extension.
13.04.040 Sewer connection permit required for connection.
13.04.050 Exception to sewer connection requirement.
13.04.060 Sewer easements required as a condition of sewer connection permit.
13.04.070 Construction or alteration of PHUGA sewer system components—requirements.
13.04.080 Location of building sewer and side sewer connection.
13.04.090 Work in WSDOT or county right of way.
13.04.100 Inspection of work by director.
13.04.110 Ownership and maintenance of PHUGA sewer system components.
13.04.120 Disconnecting from the PHUGA sewer system.
Chapter 13.05 Sewer Charges
Sections:
13.05.005 Purpose.
13.05.010 Establishment of PHUGA sewer system customer charges.
13.05.020 Annual fee adjustment.
13.05.030 Discounted charges for sewer service for qualifying customers.
13.05.040 Billing methodology.
13.05.050 Determination of monthly user charges.
13.05.060 High-strength wastewater charge.
13.05.070 System development charge.
13.05.075 Waiver or deferral of system development charge("SDC")for low-income housing.
13.05.080 Other charges.
13.05.090 Special assessments.
13.05.100 Delinquent payment—interest and liens.
13.05.110 Periodic Fee Review.
Chapter 13.06 Discharge Restrictions,Pretreatment Requirement,and
Prohibited Waste Discharge Permits
Sections:
13.06.010 Industrial and commercial pretreatment of discharge required.
13.06.020 Discharge limitations.
13.06.025 Grease traps and grease interceptors.
13.06.030 Pretreatment requirements.
13.06.035 Standards and conditions for discharge of industrial wastewater,chemicals of concern,
or prohibited wastes.
13.06.040 Inspection to ascertain character of wastewater.
13.06.050 Discharge from mobile tanks.
13.06.060 Violator liable for costs.
9
Chapter 13.07 Enforcement and Remedies for Misuse of PHUGA Sewer System
Sections:
13.07.010 Violations and remedies.
13.07.020 Enforcement authority.
13.07.030 Action authorized pursuant to T44etitle' 19 JCC.
13.07.040 Administrative fines and penalties.
13.07.050 Civil liability for removal of unauthorized connections or taps.
13.07.060 Civil liability of dischargers for expenses and fines for violations of permits issued to
the PHUGA sewer system utility caused by them.
13.07.070 Administrative appeal.
13.07.090 Criminal penalties.
13.07.090 Remedies nonexclusive.
Chapter 13.08 Assessment Reimbursement Areas and Latecomer Agreements
Sections:
13.08.010 Authority and purpose.
13.08.020 Applicability.
13.08.030 Application—contents and requirements.
13.08.040 Review and approval of application for utility system improvement.
13.08.050 Preliminary determination.
13.08.060 Preliminary determination notice.
13.08.070 Latecomer agreement.
13.08.080 Execution,notice,and recording.
13.08.090 Construction—final costs and conveyance.
13.08.100 Defective work.
13.08.110 Payment of latecomer assessments—remittance to developer.
13.08.120 Segregation.
13.08.130 Tenn of latecomer agreements.
13.08.140 County fees.
13.08.150 Appeal.
13.08.160 Enforcement of latecomer obligations.
13.08.170 County participation authorized.
13.08.180 Interpretation and consistency with state law.
Chapter 13.09 APPEALS
Sections:
13.09.010 Applicability.
13.09.015 Appeal procedures in this Omptefchapter2 to be supplemented by Titletitle 19 JCC.
13.09.020 Appeal and administrative hearing officer.
'Comment: Changed all uppercase"Chapter,""Section,"and"Title"language to lowercase,
unless at the beginning of a sentence. This complies with the Chicago Manual of style and JCC
1.01.050.
2 Comment: Changed all uppercase"Chapter,""Section,"and"Title"language to lowercase,
unless at the beginning of a sentence. This complies with the Chicago Manual of style and JCC
1.01.050.
10
13.09.030 Service of administrative hearing notice.
13.09.040 Administrative hearing procedure.
13.09.050 Administrative hearing decision.
13.09.060 Issuance of administrative hearing decision.
13.09.070 Appeal to the hearing examiner.
13.09.080 Hearing examiner appeal procedure,decision,payment of costs,and judicial review.
13.09.090 Final decision.
11
Chapter 13.01 General Provisions
Sections:
13.01.010 Port Hadlock UGA sewer utility created.
13.01.020 Purpose.
13.01.030 Construction and Severability.
13.01.50 Minimum requirements and conflict of provisions.
13.01.050 Responsibilities of the sewer utility.
13.01.060 County not liable for damages.
13.01.070 Operator of the Port Hadlock UGA sewer utility
13.01.010 Port Hadlock UGA sewer utility created.
(1) RCW 36.94.020 authorizes counties to provide sewer service.
(2) The board of county commissioners establishes a sewer utility for the Port Hadlock UGA,
for the purpose of developing,operating,and maintaining the PHUGA sewer system.
(3) The sewer utility governed by this division of the Jefferson County code shall be known as
the Port Hadlock UGA Sewer System Utility("PHUGA sewer system utility").
(4) The PHUGA sewer utility shall be developed, operated, and maintained in a manner
consistent the Port Hadlock UGA Sewer Facility Plan(2008),as periodically updated.
(5) Chapters 13.01 through 13.09 of the Jefferson County Code shall be known as the
"PHUGA sewer utility code."
(6) This PHUGA sewer utility code is enacted pursuant to the police power of Jefferson
County,a political subdivision of the State of Washington,as set forth in article 11,section 11 of
the Washington State Constitution,to protect the public health,safety,and welfare of the citizens
of Jefferson County and Ehaptffchapter 36.94 RCW.
13.01.020 Purpose.
The purpose of this PHUGA sewer utility code is to:
(1) Provide for the planning, design, construction, use, maintenance, repair, improvement,
extension,replacement,and inspection of the PHUGA sewer system;
(2) Establish programs and regulations to provide for the appropriate use of the PHUGA sewer
system;
(3) Provide for the enforcement of the provisions of this PHUGA sewer utility code;
(4) Provide for the adoption of engineering standards, county manuals, and technical
specifications;
(5) Provide for and promote the health,safety,and welfare of the general public;
(6) Establish charges for constructing,operating,and maintaining the PHUGA sewer system;
and,
(7) Provide for appeals of certain decisions of the director of the department of public works.
13.01.030 Construction and Severability.
(1) Liberally construed. The provisions of this PHUGA sewer utility code shall be liberally
construed to accomplish the purposes of this PHUGA sewer utility code as enumerated in JCC
13.01.020.
12
(2) Severability.If any provision of this PHUGA sewer utility code,engineering standards,or
related manuals,or its application to any person or circumstance,is determined to be invalid by a
court of competent jurisdiction,all other provisions of the code,engineering standards,or related
manuals,or the application of the provision to other person or circumstances are not affected.Any
offending provision of the code,engineering manual,or related manuals shall be severable from
the remainder.
13.01.040 Minimum requirements and conflict of provisions.
(1) The requirements of this PHUGA sewer utility code are the minimum requirements for the
use and management of the PHUGA sewer system, and shall not be construed to prevent the
enforcement of more stringent standards imposed by other federal, state, or local law and
regulations.
(2) Should a conflict occur between the provisions of this code,the engineering standards or
manuals adopted by the county in relation to this code,the most restrictive requirement shall be
applied,except when constrained by federal,state,or local law.
13.01.050 Responsibilities of the sewer utility.
The PHUGA sewer system utility is responsible for providing service to customers within the Port
Hadlock UGA,subject to the requirements of this PHUGA sewer utility code,other provisions of
the Jefferson County Code,and applicable state and federal law.The responsibilities of the utility
include the following:
(1) Development of a comprehensive sewer plan for the PHUGA sewer system;
(2) Collection,treatment,and disposal of domestic,commercial,and industrial wastewater in
accordance with federal and state regulations;
(3) Establishment of charges for collection,treatment,and disposal of wastewater that provide
adequate revenue for administration,operation,and maintenance of the PHUGA sewer system;
and,
(4) Provision for customer billing services and processes that are fair, equitable, and in
compliance with accepted accounting principles.
13.01.060 County not liable for damages.
(1) The county shall not be liable for damages for loss of production, sales,or service if the
PHUGA sewer system fails or is curtailed,suspended,interrupted or interfered with,for any cause
reasonably beyond the county's control. Such failure, curtailment, suspension, interruption, or
interference shall not be held to constitute a breach of contract on the part of the county,or in any
way affect any liability for payment for PHUGA sewer system services made available or for
money due on or before such occurrence.
(2) Nothing contained in this code is intended nor shall be construed to create or form the basis
for any liability on the part of the county, its officers, employees, or agents, for any injury or
damage resulting from the failure of property owners or responsible parties to comply with the
provisions of this code, engineering standards, related manuals, technical specifications, or
enforcement orders under Title 19 JCC related to this code.
13
13.01.070 Operator of the Port Hadlock UGA sewer utility.
The department under the direction of the director shall operate the PHUGA sewer utility. The
director,with the concurrence of the board of county commissioners may enter into agreements
with other persons for the operation of the PHUGA sewer utility.
14
Chapter 13.02 Definitions
Sections:
13.02.005 Interpretation of terns-general rules.
13.02.010 "A"definitions.
13.02.020 "B"definitions.
13.02.030 "C"definitions.
13.02.040 "D"definitions.
13.02.050 "E"definitions.
13.02.060 "F'definitions.
13.02.070 "G"definitions.
13.02.080 "H"definitions.
13.02.090 "P'definitions.
13.02.100 "T'definitions.
13.02.110 "K"definitions.
13.02.120 "L"definitions.
13.02.130 "M"definitions.
13.02.140 "N'definitions.
13.02.150 "O"definitions.
13.02.160 "P"definitions.
13.02.170 "Q"definitions.
13.02.180 "W'definitions.
13.02.190 "S"definitions.
13.02.200 "T'definitions.
13.02.210 "U"definitions.
13.02.220 "V"definitions.
13.02.230 "W'definitions.
13.02.240 "V definitions.
13.02.250 "Y"definitions.
13.02.260 "Z"definitions.
13.02.005 Interpretation of terms-general rules.
The following rules apply to interpretation of words as used in this PHUGA sewer utility code:
(1) All words shall have their normal and customary meanings, unless specifically defined
otherwise in this Ghaptmhaptter;
(2) Any gender-specific term shall be interpreted as if it is male,female,or neutral gender;
(3) Any term phrased in the plural shall also be interpreted to mean the singular, and any
singular term shall be interpreted to also mean the plural;and,
(4) The present tense shall include the future.
13.02.010 "A"definitions.
"Accessory dwelling unit"or"ADU"has the same meaning as in JCC 18.10.010.
15
"Aggrieved person"means a person who received an adverse decision by the director on decisions
listed in JCC 13.07.060.
"Applicant"means a person who applies for a permit to connect to the PHUGA sewer system.
"Assessment"means a fee to be paid by the property owner for the cost of private construction of
PHUGA sewer system improvements for property within an assessment reimbursement area.
"Assessment Reimbursement Area"means that area within the Port Hadlock UGA,which includes
all parcels or real property likely to require connection to or service by PHUGA sewer system
improvements constructed by a developer and the county.
"Available"and"availability"means that the PHUGA sewer system is available to a property as
described in JCC 18.19.120.1
s Comment:This definition was added on July 24,2024,based on discussion at the workshops
with the Board of County Commissioners on July 14 and July 21, 2024, changes to JCC
13.04.010 and Table 4-1 have been made. This definition has been added to link"available"
and "availability" to JCC 18.19.120. Because of the complexity and different situations
covered in the subsection of JCC 18.19.120 as a whole should be referenced.JCC 18.19.120,
says:
(1)If the proposed use or major modification is located outside of a phased sewer service
area where sewers are available, then transitional rural development standards in this
chapter apply.New development or redevelopment using an existing(as of date of adoption
of chapter 18.18 JCC) approved on-site or community/group system may be allowed;
provided, that no expansion of the capacity of on-site system is needed to serve the
redevelopment; and provided, that the public sewer system is not yet available to the
property,as defined in subsection(4)of this section.The property owner must construct
an on-site septic system consistent with the requirements of chapter 8.15 JCC,development
within identified critical aquifer recharge areas,as identified in Article III of chapter 18.22
JCC,and shall also meet the requirements of JCC 18.30.180,On-site sewage disposal best
management practices in critical aquifer recharge areas.
(2)Conditions to Interim On-Site Septic Systems and Connection to Future Sewer Service.
If a septic system is proposed for placement in the planned and adopted 20-year sewer
service area,for interim use prior to sewer availability,the county shall issue any approval
for the septic system with a condition that it be decommissioned and the property connected
to the sewer system within one year of sewer availability, defined as when the sewer
extension is within 200 feet of the closest property line.Such on-site septic systems shall
be professionally sited, designed, installed, monitored and maintained according to the
following criteria:
(a)Meeting the requirements of the Jefferson County health department,Washington State
Department of Health,or Washington State Department of Ecology,as appropriate.
(b)Consider advanced forms of pretreatment prior to discharge into the soil.
16
13.02.020 "B"definitions.
"Base rate"means the fixed portion of the monthly charge that does not vary with the amount of
water usage described in JCC 13.05.040.
"Biosolids" means primarily organic solids produced by treatment processes that can be
beneficially recycled.
"Biological Oxygen Demand" or `BOD." means biochemical oxygen demand, which is the
quantity of oxygen utilized in the biochemical oxidation of organic matter in five days at twenty
degrees Celsius under standard laboratory procedure expressed in milligrams per liter.A single-
family residence is generally considered to have a BOD of less than or equal to 300 mg/l.
"Boundary"for purposes of C-hapteFchapter 13.09 JCC means the geographical limits of property
to be included in a proposed local improvement district.
`Building drain sewer"means the piping of a sewage system which extends from structure to the
grinder pump tank.
"Building permit"is a permit issued by the department of community development authorizing
the construction,installation,repair,or remodel of a structure on a property.
13.02.030 "C"definitions.
"Campground"means a facility in which one or more sites are offered for persons using tents or
other personal,portable overnight shelters.4
(c)Consider proprietary pretreatment devices to refine high strength commercial wastes
prior to soil treatment and disposal.
(d)Disinfection prior to disposal into more sensitive environments.
(e) System maintenance and monitoring by certified professionals under a program
managed by the Jefferson County health department.
(3)No Protest Agreement.In addition,as a condition of development approval and for all
property owned by the same owner in a local improvement district(LID),the owner shall
sign an agreement not to protest a future LID or other pro rata sharing of costs to construct
and extend public sewer to the property within the next 20 years,as part of the urban level
of service phasing plan in the capital facilities plan for the UGA.
(4) Interpretations. Within this section, "new development" and "major modification"
means any development that requires wastewater/sanitary sewer provisions which cannot
be met with an existing system.Nothing in this section shall be construed as prohibiting
the placement of an on-site septic system in the UGA,unless the property is located within
200 feet of an existing sewer service area which has capacity to accommodate the proposed
development.[Ord.9-09§2(Exh.B)]
° Comment: This definition was adapted from the definition of"campground and camping
facilities"in JCC 18.10.030.
17
"Clean Water Act"means the federal Clean Water Act(33 U.S.C. §§ 1251 et seq.),as currently
enacted or as later amended,
"Clear, cogent and convincing evidence" means evidence that Clear, cogent, and convincing
evidence exists when the element has been shown by the evidence to be highly probable.Proof by
clear, cogent, and convincing evidence requires a greater showing than is required under the
"preponderance of the evidence"standard that is used in many civil cases.Preponderance of the
evidence exists when an element has been shown to be more probably true than not true.On the
other hand,proof by clear,cogent,and convincing evidence does not require as great a showing
as is required under the"reasonable doubt"standard used in criminal cases. Reasonable doubt
means such a doubt as exists in the mind of a reasonable person after fully,fairly,and carefully
considering all the evidence or lack of evidence."Preponderance of the evidence"and"beyond a
reasonable doubt"are defined here solely to aid in understanding the meaning of"clear,cogent,
and convincing"evidence.
"CFR"means the federal Code of Federal Regulations,as currently enacted or as later amended.
"Community action agency"means a private corporation or public agency established pursuant to
the Economic Opportunity Act of 1964,Pub.L.88-452,which is authorized to administer funds
received from Federal,State,local,or private funding entities to assess,design,operate,finance,
and oversee antipoverty programs,which is part of the community action agency network pursuant
to RCW 43.63A.115.
"Contractor"means a person that is bonded and licensed by the State of Washington as a general
contractor,and that,in addition to other types of construction skills,is capable of the following:
constructing,installing,repairing,excavating,and connecting building sewers,grinder pumps and
tanks(along with their control box and electrical connection),side sewers(connecting from the
grinder pump tank into the pressure sewer system),and decommissioning of an existing on-site
sewage system.
"Cost of construction"for purposes of C w44er- hapter 13.09 JCC means those costs incurred for
permit charges, design, acquisition of right-of-way and easements, sewer easements, labor,
materials and installation required to create PHUGA sewer system improvements.
"County"means Jefferson County,Washington.
"Customer"means a property owner or tenant who is receiving service from a connection to the
PHUGA sewer system.
13.02.040 "D"definitions.
"Department"means the Jefferson County department of public works.
"Development"means any new,remodeled or improved structure that requires a new wastewater
system or the expansion of existing wastewater treatment and disposal.Development also includes
any new use or change of use for which the JCC requires connection to the P14UGA sewer system.
"Developer"means a person that contracts with the county for the construction of PHUGA sewer
system improvements that are required for further development of real property.For the avoidance
of doubt,"developer"may include a property owner.
18
"Director"means the director of Jefferson County Department of Public Works or their designee.
"Disconnect box" means an electronic shut off switch located between the property owner's
electrical panel and PHUGA sewer utility electric grinder pump control panel.
"Discharge" means any addition of a solid, liquid, or gaseous substance to the PHUGA sewer
system(other than infiltration or inflow),whether intentional or unintentional,and includes,but is
not limited to:spilling,leaking,pumping,pouring,emitting,emptying,or dumping from any point
source.
"Disposal"means discharging,discarding,or abandoning any substance to PHUGA sewer system.
"Duplex"has the same meaning as in JCC 18.10.040.1
"Dwelling unit"has the same meaning as in JCC 18.10.040.6
13.02.050 "E"definitions.
"Easement"means an acquired,nonpossessory interest in land owned by another party.
"Effluent"means the discharge from the PHUGA sewer system.
"Electrical panel" means an enclosed box that contains important electrical components for a
property, which must be connected to the grinder pump control panel to establish a sewer
connection.
"Equivalent residential unit" or "£RU ERUs" means a wastewater service unit which is
substantially? equivalent to an average single-family residence in wastewater volume output,
quality and strength of the disehaFge,and fiinefio%discharge,and function. For the PHUGA sewer
system,one ERU will be considered equivalent to 4,000 gallons of water use per month,with an
average wastewater strength for Biochemical Oxygen Demand("BOD")equal to or less than 300
milligrams per liter and total suspended solids("TSS")equal to or less than 300 milligrams der
liters
13.02.060 "F"definitions.
"Failing"of an on-site sewage system means that in the opinion of the county department of public
health, an on-site sewage system ("OSS") threatens the public health or environment by
inadequately treating sewage or by creating a potential for direct or indirect human contact between
'Comment:JCC 18.10.040 says,"Duplex.(See`Dwelling unit,two-family.')" "`Dwelling unit,
two-family'(duplex)means a single structure containing two dwelling units."
6 Comment:JCC 18.10.040 says,"`Dwelling unit'means one or more rooms or structures designed
for occupancy by an individual or family for living and sleeping purposes, containing kitchen
facilities and rooms with internal accessibility,for use solely by the dwelling's occupants."
Comment: Added for clarity.
s Comment:This definition was added on July 24, 2024, based on discussion at the workshops
with the Board of County Commissioners on July 14 and July 21,2024,changes to JCC 13.04.010
and Table 4-1 have been made. This definition has been added in connection with those changes.
19
sewage,as specifiedby apter 8.15 JCC and ha 246-272A WAC.Emnplesofa fi ilmg orr
site sewage system include,but are not limited to:
(1) Sewage on the surface of the ground;
(2) Sewage backing up into a structure caused by slow soil absorption of an on-site sewage
system discharge;
(3) Sewage leaking from an on-site sewage tank or collection system;
(4) Cesspools or seepage pits where evidence of groundwater or surface water quality
degradation exists;
(5) Inadequately treated effluent contaminating groundwater or surface water;or,
(6) Noncompliance with standards required on an on-site sewage system permit.
(WAC 246-272A-0010).
"Food manufacture and processors" or"FMP" means those manufacturing facilities primarily
engaged in manufacturing or processing food,either for human or nonhuman(pets,livestock,etc.)
consumption. Manufacturers or processors include, but are not limited to, dairies; creameries;
slaughterhouse,meat processing,and packing facilities;industrial bakeries;condiment producers;
salad dressing producers;cooking oil facilities;canning facilities;and,any other commercial or
industrial structure that discharges fats,oils,or grease("O&G")into the PHUGA sewer system.
"Food service establishments"or"FSE"means those establishments engaged in the activity of
preparing, serving,or otherwise making food available for consumption by humans, which use
one or more of the following preparation methods: cooking by frying(all methods),baking(all
methods),grilling,sautbing,rotisserie cooking,broiling(all methods),boiling,blanching,roasting,
toasting, infrared heating, searing, barbecuing, and any other method of food preparation that
produces or may produce hot, non-drinkable food product in or on a receptacle that requires
washing.These establishments include,but are not limited to,restaurants, bakeries,commercial
kitchens,caterers,hotels,schools,religious institutions,hospitals,prisons,correctional facilities,
and care institutions.
13.02.070 "G"definitions.
"Garage"means a covered structure designed to provide shelter for vehicles,which is accessory
to a single-family residence or a duplex.9
"Garbage" means putrescible material resulting from the preparation and consumption of food
except body waste,swill and animal carcasses.
"Grease trap or interceptor"means a filter or tank designed to remove excess grease,fats,and oils
from the wastewater stream for operations,such as restaurant operations.There are two types of
devices that remove fats,oils,and grease("O&G"):a"grease trap"that is typically located under
a sink, and a "grease interceptor" that is usually a larger concrete tank located outside the
9 Comment: Adapted from Spokane Municipal Code 17A.020.070.
20
establishment.The applicable county-adopted state plumbing code in Title 15 JCC will specify the
type of device that will be required for the particular use in need of O&G removal.
"Grinder pump" means a pump located for a service connection that grinds any solids within
wastewater,and then pumps the liquid and ground solids into the PHUGA sewer system.
"Grinder pump control panel" means a grinder pump's centralized electric components that
provide electrical coordination for system operation.
"Grinder pump system"means a grinder pump, a grinder pump tank,a grinder pump control
panel,10
and a side sewer from the grinder pump tank to the pressure sewer system,along with the electrical
system necessary to power operation of the grinder pump system.
"Grinder pump tank"means a tank that contains a grinder pump.
13.02.080 "H"definitions.
"Hazardous substance"means any hazardous substance as defined in RCW 70A.305.020(13).
"High strength wastewater"means any sewage containing contaminants at concentrations greater
than normal domestic wastewater,including wastewater with expected discharges of BOD or TSS
of greater than 300 mg/L;or,O&G of greater than 50 mg/L.
"Housing authority"means a housing authority created by a city or a county pursuant to RCW
35.82.030.Pursuant to RCW 35.82.080,a housing authority must fix the rentals for low-income
dwelling accommodations at the lowest possible charges consistent with its providing decent,safe
and sanitary dwelling accommodations,and no housing authority shall construct or operate any
such project for profit,or as a source of revenue to the city or the county.A housing authority is a
separate legal entity from the city or county that creates it and its powers are limited to those listed
in RCW 35.82.070 with its own board of directors,manager and staff.
13.02.090 "1"definitions.
"Industrial waste"means a liquid, solid or gaseous substance,or combination thereof,resulting
from any process of industry,manufacturing,food or liquid processing,business,trade or research,
including the development, recovering or processing of natural resources. "Industrial waste"
includes garbage,but does not include wastewater or storm drainage.
"Inspector"means any employee or representative of the department designated by the director to
inspect sewer construction,operation or maintenance.
13.02.100 "J"definitions.
"JCC"means the Jefferson County Code,as currently enacted or as later amended.
13.02.110 "K"definitions.
10 Comment: Added for consistency with a draft interlocal agreement with the Jefferson County
Public Utility District.
21
[RESERVED]
13.02.120 "L"definitions.
"Latecomer agreement" means a written agreement between the county and one or more
developers (as approved and executed by the director) for providing PHUGA sewer system
components for partial reimbursement of the cost of construction of PHUGA sewer system
improvements to the developer by property owners who benefit by the PHUGA sewer system
improvements but who did not contribute to the original cost of construction, as authorized by
RCW 36.94.190.
"Local Improvement District"or"LID"means a special assessment district formed by the county
pursuant to RCW 36.94.220 et seq, for the purpose of providing a mechanism for financing
PHUGA sewer system improvement through payment of assessments over time on the benefitting
properties.
"Low-income person"means a single person,family,or unrelated persons living together whose
adjusted individual's or household income from all sources meets any of the following criteria:
(1) Persons at 200 percent of poverty level based upon household size using poverty level
calculations established by the state of Washington for Jefferson County or by the federal
government if state calculations are not available;
(2)Persons at or below 80 percent of the median family income adjusted for family size,for
Jefferson County, as reported by the United States Department of Housing and Urban
Development("HUD");
(3)Persons who receive supplemental security income ("SSI") or social security disability
income("SSDI")pursuant to a"��hapter ;42 U.S.C.(Social Security),as
currently enacted or as later amended;
(4)Persons who are residents of state licensed adult family homes who receive SSI or SSDI
and who primarily rely on Medicaid;
(5)Persons who live in a housing complex operated by a housing authority that received grant
funding with requirements for limiting rents for low-income residents;or,
(6)Persons who receive housing assistance pursuant to section 8 of the federal Housing Act
of 1937(42 U.S.C. ' 10 437).
13.02.130 "M"definitions.
"Major Modification"shall have the same meaning as in JCC 18.19.120(4)."
" Comment:Modified on July 24,2024 based on discussion at the workshops with the Board of
County Commissioners on July 14 and July 21, 2024. Added the definition of "major
modification,"in connection with changes to Table 4-1,which seems more precise than terms like
"remodel." The language is based on JCC 18.19.120(4),which states,"... `major modification'
means any development that requires wastewater/sanitary sewer provisions which cannot be met
with an existing[on-site septic)system."
22
"Membrane bioreactor" ("MBW) means a wastewater treatment process that combines the
extended aeration-activated sludge process with a physical separation process using membranes
immersed into aeration basins.An MBR provides a positive barrier to particulate, colloidal and
dissolved solids above the 0.1-micron range,and produces Class A reclaimed water.
"Mobile home park"means any real property that is rented or held out for rent to others for the
placement of two or more mobile homes, manufactured homes,park models,or a combination
thereof,for the primary purpose of production of income,except where the real property is rented
or held out for rent for seasonal recreational purposes only and is not intended for year-round
occupancy. For purposes of this definition, all related definitions contained in RCW 59.30.020
apply"
"Multifamily dwelling"has the same meaning as in JCC 18.10.130 and JCC 18.10.040.11
13.02.140 "N"definitions.
"Nonprofit organization,"whether public or private,means a corporation, or other organization
recognized under the United States Internal Revenue Code as a qualified recipient of tax-
deductible charitable contributions for the charitable purpose of providing low-income or
affordable housing,including but not limited to organizations having received approval from the
Internal Revenue Service of such status upon the filing of all forms as required for recognition as
a 501(c)(3)corporation.
"Non-residential property"means any property that is not used solely for residential purposes.14
I
"Non-residential customer"means any customer whose property is non-residential"pFepeity.
"Nursing/convalescent/assisted living facility"has the same meaning as in JCC 18.10.140.16
13.02.150 "O"definitions.
"O&G" (formerly referred to as "FOG") means oil and grease, a component of wastewater
typically originating from food stuffs(animal fats or vegetable oils)or consisting of compounds
of alcohol or glycerol with fatty acids(soaps and lotions).Typically expressed in mg/L.
IZ Comment:This is a much better definition than the one in JCC 18.10.130,which does not cover
manufactured homes or park models.
"Comment:JCC 18.10.130 says,Multifamily Dwelling.(See"Dwelling unit,multiple-family.")
and JCC 18.10.040 says, "`Dwelling unit, multiple-family' means one or more structures
containing three or more dwelling units."
14 Comment: Modified on July 30, 2024 to move it up so it is in alphabetical order and to be
consistent with the definition of"non-residential structure."
"Comment:Modified on July 30,2024 to change the prior definition of"non-residential property"
to"non-residential structure"to align better with the modifications to Table 4-1 made based on
discussion at the workshops with the Board of County Commissioners on July 14 and July 21,
2024.
16 Comment:JCC 18.10.140 says,"`Nursing/convalescent/assisted living facility'means a facility
or residence that provides health or long-term care services to residents,including nursing or other
supportive or restorative health services on a 24-hour basis(RCW 43.190.0201."
23
"On-site sewage system"or"OSS"or"on-site sewage systems"has the same meaning as on-site
sewage system("OSS")in JCC 8.15.050.
13.02.160 "P"definitions.
"Person"means any individual, firm,company,corporation,partnership, association,society or
group,and includes person as that term is defined in RCW 1.16.080.
"Petition"means a document signed by one or more property owners within the Port Hadlock
UGA that requests that the county to form a local improvement district or"LID."
"pH" means the negative logarithm of the concentration of hydrogen ions (H+) in a solution
measured in standard units;pH is the intensity factor of acidity.
"PHUGA sewer manual"means the Port Hadlock UGA Sewer System Design Standards and Plans
Manual, a document containing the technical and administrative requirements for the PHUGA
sewer system, including specifications, details, drawings, administrative forms, connection
requirements,ownership responsibilities,and other matters pertinent to connection to the PHUGA
sewer system.
"PHUGA sewer system"means the Port Hadlock UGA sewer system,including the wastewater
treatment plant,all grinder pump systems,and all PHUGA sewer system improvements.17
"PHUGA sewer system fee schedule" means the schedule of charges for the operation of the
PHUGA sewer system adopted by the board of county commissioners by resolution,pursuant to
the process identified in ChapteFchapter 3.80 JCC, establishing the charges enacted under this
PHUGA sewer utility code.
"PHUGA sewer system improvements"means PHUGA sewer system improvements, including
but not limited to: right-of-way easements, sewer easements, design, engineering, surveying,
inspection,testing,connection charges,and installation as required by the county.PHUGA sewer
system18 improvements also include,but are not limited to treatment plants, low pressure sewer
mains,lift stations,force mains,and telemetry systems.
"PHUGA sewer system utility"means the entity that operates the PHUGA sewer system.
"PHUGA sewer utility code"means chapters 13.01 through 13.09 JCC.
"Point source" means any discernible, confined, and discrete conveyance, including, but not
limited to,any pipe,ditch,channel,tunnel,conduit,well,discrete fissure,container,rolling stock,
concentrated animal feeding operation,or vessel or other floating craft,from which pollutants are
or may be discharged.This term does not include return flows from irrigated agriculture.
"Pollutant"means dredged spoil,solid waste,incinerator residue,sewage,garbage,sewage sludge,
munitions,chemical wastes,biological materials,radioactive materials,heat,wrecked or discarded
equipment,rock,sand,cellar dirt,and industrial,municipal,and agricultural waste discharged into
the PHUGA sewer system without a required permit.This term does not include:(i)sewage from
vessels exempt from regulation by States under section 312 of the Clean Water Act(33 U.S.C.§
"Comment: Added for consistency with a draft interlocal agreement with the Jefferson County
Public Utility District.
1s Comment: Revised to use the defined tern.
24
1322);or,(ii)dredged or fill material discharged in accordance with a permit issued under section
404 of the Clean Water Act(33 U.S.C. lla 344).
"Port Hadlock UGA"or"PHUGA"means the Irondale and Port Hadlock Urban Growth Area
established pursuant to the Jefferson County comprehensive plan and Ordinance No. 10-0823-04,
as amended.
"Pressure sewer system" means a system of connected pipes that collects wastewater from
individual properties and conveys it to the wastewater treatment plant,using grinder pump systems
on individual properties.
"Pretreatment" means the treatment of wastewater from a property, including industrial or
commercial operations, that generates sewage with higher strength than expected wastewater
strength from most residential discharges. The method for pretreatment is determined by the
Washington State Department of Ecology and the director.
"Pretreatment facility"means a facility for pretreatment of effluent.
"Process water"means non-drinkable water used in relation to industrial processes and facilities.
"Property owner"means the owner of record of a lot or parcel within the Port Hadlock UGA.
13.02.170 "Q"definitions.
[RESERVED]
13.02.180 "R"definitions.
"RCW"means the Revised Code of Washington,as currently enacted or as later amended.
"Recreational vehicle(RV)"has the same meaning as in JCC 18.10.180.19
"Recreational vehicle park"or"RV park"has the same meaning as in JCC 18.10.180.20
"Residential"means an occupancy that contains a kitchen,bathroom,and sleeping quarters,and is
designed for use as a long-term residence,including,but not limited to:single family residences,
duplexes,multifamily dwellings,apartments,congregate living facilities(non-transient)with more
than 16 occupants,and mobile home parks with three or more dwelling units.Motels and hotels
are not considered"residential."
t9 Comment: JCC 18.10.180 says,"`Recreational vehicle(RV)'means a vehicle designed
primarily for recreational camping or travel use that has its own motive power or is mounted on
or towed by another vehicle,including travel trailers,fifth-wheel trailers,folding camping
trailers,truck campers,and motor homes,but not mobile homes(RCW 43.22.335).)"
20 Comment: JCC 18.10.180 says,"`Recreational vehicle park'means a commercially
developed tract of land in which two or more recreational vehicle sites are established as the
principal use of the land."
25
13.02.190 "S"definitions.
"Sewer connection charge"means the charge to connect to the PHUGA sewer system.
"Sewer connection permit"means a written document issued by the department which grants a
person the right to connect to the PHUGA sewer system and which identifies the requirements for
doing so.
"Sewer easement" means an easement that grants the department authorization to enter onto
private property for the purposes of constructing and maintaining the PHUGA sewer system.
"Sewer main"means a sanitary sewer line or pressure sewer system that conveys wastewater from
one or more side sewers to the PHUGA sewer system.
"Sewer service charge"means any charge authorized by this PHUGA sewer system code.
"Side sewer"means the pipe from the grinder pump tank to the PHUGA sewer system.
"Single-family residence"has the same meaning as in JCC 18.10.190 21
"Structure"means a permanent or temporary edifice or building or any piece of work artificially
built up or composed of parts joined together in some definite manner,whether structure installed
on, above, or below the surface of the ground, and which is used for human occupancy,
employment,business,or recreation,and that has a need or requirement for having sewage service.
For purposes of this PHUGA sewer system code,"structure"also includes but is not limited to a
commercial facility, an industrial facility, a"manufactured home," a"mobile home," a"park
trailer,"and a"recreational vehicle"as those terms are defined in RCW 43.22.335.
"Suspended solids"means particles that float on or are suspended in wastewater and which may
be substantially removed by treatment processes, including by filtering. Suspended solids are
measured in milligrams per liter.
"System development charge"or"SDC"means a fee paid by a customer for a new connection to
the PHUGA sewer system or for an expansion of an existing connection's wastewater flow or an
increase in wastewater strength.An SDC is intended to:(i)capture the customer's fair-share of the
current and future capital costs of the PHUGA sewer system in place to serve the new connection
or increase in volume or strength of a connection; or, (ii) represent the capital cost of new
components projected by the director to meet capacity needs.
13.02.200 "T"definitions.
"Technical standards and specifications"means the technical standards and specifications listed
in JCC 13.03.020.
"Total suspended solids"or"TSS"means waterborne particles that exceed two microns in size.A
single-family residence is generally considered to have a TSS of less than or equal to 300 mg/1.
Z'Comment: JCC 18.10.190 says,"`Single-family residence'means a dwelling unit designed for
and occupied by no more than one family."
26
13.02.210 "U"definitions.
IRESERVEDI
13.02.220 "V"definitions.
"Volume"means the amount of wastewater that is discharged to the PHUGA sewer system as
estimated by that customer's water use records from the Jefferson County Public Utility District
No. 1.
"Volume charge"means a charge based on metered domestic water usage.
13.02.230 "W"definitions.
"WAC"means the Washington Administrative Code,as currently enacted or as later amended."
"Wastewater" means the liquid and liquid-carried waste from structures, together with minor
quantities of groundwater, stormwater and surface waters that are not intentionally admitted.
"Wastewater"includes both domestic wastewater as defined in WAC 173-240-020(4),industrial
wastewater as defined in WAC 173-240-020(8).
"Wastewater infiltration pond"means the structure that collects,temporarily stores,and infiltrates
wastewater treated by the wastewater treatment plant.23
"Wastewater Treatment Plant"or"W WTP"means the County's Membrane bioreactor"("MBR")
plant located at 243 Lopeman Road,Port Hadlock,Washington,inclusive of,but not limited to,
any appurtenant headworks, outfall, buildings, odor control systems, biosolids handling
equipment,wastewater infiltration pond,or,generators,etc.24
"WSDO"P'means the Washington State Department of Transportation.
13.02.240 "X"definitions.
IRESERV ED]
13.02.250 "V"definitions.
[RESERVED]
13.02.260 "Z"definitions.
22 Comment: Revised to put the definitions in alphabetical order.
23 Comment: Added for consistency with a draft interlocal agreement with the Jefferson County
Public Utility District.
24 Comment: Added for consistency with a draft interlocal agreement with the Jefferson County
Public Utility District."Wastewater Treatment Plant"was used but was not defined in the Sewer
Ordinance.
27
[RESERVED]
28
Chapter 13.03 Authority and Relationship to Plans
Sections:
13.03.010 Authority.
13.03.020 Technical standards and specifications incorporated.
13.03.010 Authority.
(1) The director is vested with the authority to manage and operate the PHUGA sewer system
utility.
(2) The director may delegate their authority,or any portion of authority, as is necessary to
perform the director's responsibilities and duties with respect to the PHUGA sewer system utility.
(3) The director is authorized to negotiate and present to the board of county commissioners
any interlocal agreement necessary to perform the director's responsibilities and duties for
management and supervision of the PHUGA sewer system utility.
(4) The director shall retain appropriate personnel, conduct inspections, issue appropriate
sewer connection permits,maintain necessary records and files,establish and collect sewer service
charges, and do or cause to be done all things necessary and proper for the administration and
enforcement of this PHUGA sewer utility code.
(5) The director shall keep and maintain records of:
(a) All sewer connection permits,construction drawings,and inspection reports related
to installation,operation and maintenance of the PHUGA sewer system;
(b) All repair records, including but not limited to repair of sewer lines, sides sewers,
building sewers,grinder pumps,electrical panel work,and on-site sewage system de-
commissioning;and,
(c) Any other related construction work, equipment inventory, and other records
necessary for construction,operation,and maintenance of the PHUGA sewer system.
(6) The director is authorized to promulgate rules,policies or procedures as may be necessary
to administer and enforce this PHUGA utility code,including,but not limited to administrative
rules,forms,the PHUGA sewer manual and other technical manuals necessary for the function
and operation of the PHUGA sewer system utility.
(7) The director may be delegated additional authority to conduct activities as necessary to
protect health and safety by motion of the board of county commissioners.
13.03.020 Technical standards and specifications incorporated by reference.
The following technical documents and standards are adopted and incorporated by reference for
purposes of this PHUGA sewer system code:
(1) Port Hadlock UGA Sewer Facility Plan(2008)and Port Hadlock UGA Sewer Facility Plan
Update and AApmendices(Feb.2021),as may be amended or updated.
29
(2) Port Hadlock UGA Sewer System Design Standards and Plans Manual as may be amended
or updated by the director.
(3) State of Washington, Department of Ecology, Criteria for Sewage Works Design (The
Orange Book)(2022),as may be amended or updated.
(4) State of Washington, Department of Ecology, Reclaimed Water Facilities Manual (The
Purple Book)(2019),as may be amended or updated.
(5) Jefferson County Department of Environmental Health, On-Site Sewage System
Management Plan(2007),as may be amended or updated.
(6) Jefferson County Department of Community Development,Comprehensive Plan,2018,as
may be amended or updated.
(7) Chapter 51-56 WAC—Uniform Plumbing Code and Uniform Plumbing Code Standards.
The 2009 Edition of the Uniform Plumbing Code,published by the International Association of
Plumbing and Mechanical Officials,is hereby adopted by reference with the additions,deletions,
and exceptions noted in the Washington Administrative Code.
(8) Chapter 8.15 JCC(on-site sewage system code).
(9) Chapter 246.272A WAC(on-site sewage system regulation).
30
Chapter 13.04 Connection to PHUGA Sewer System
Sections:
13.04.010 Connection-when required or permitted.
13.04.020 Mobile home park requirements.
13.04.030 PHUGA sewer system extension.
13.04.040 Sewer connection permit required for connection.
13.04.050 Exception to sewer connection requirement.
13.04.060 Sewer easements required as a condition of sewer connection permit.
13.04.070 Construction or alteration of PHUGA sewer system components—requirements.
13.04.080 Location of building sewer and side sewer connection.
13.04.090 Work in WSDOT or county right of way.
13.04.100 Inspection of work by director.
13.04.110 Ownership and maintenance of PHUGA sewer system components.
13.04.120 Disconnecting from the PHUGA sewer system.
13.04.010 Connection-when required or permitted.
(1) This section concerns areas within the Port Hadlock UGA where the PHUGA sewer system
is"available"as described in JCC 18.18.060(4),where individual properties within those areas are
required or permitted to connect to the PHUGA sewer system.
(2) No existing or new residential or non-residential properties in the Port Hadlock UGA where
the PHUGA sewer system is not"available"as described in JCC 18.18.060(4)shall be required to
connect to the PHUGA sewer system.
(3) The following properties within those areas of the PHUGA where the PHUGA sewer
system is available and where the shall connect to the PHUGA sewer system as shown in Table 4-
1 below.
Table 4-1
Properties i%ithin Port Hadlock l GA where Sewer Connection Required
l se "adequate"M On- SeiN er~%stem Connection
Site Sewa¢e "Available"(1)" Required?
S'stem?
Sewer Not"Available"121
-Existing structure N/A No �
Ma'or modification of_:\isting structure No No \0
Ne,,% structure N/A No
"Available"(')
Existing single-family residence or No Yes 1
du let
Maior modification of a single-family No Yes Yes
residence or duplex
Modification of a single-family residence Yes Yes No
or du lex
New single-family residence or du lex N/A Yes Yes
Neti Accessop Dwelling Unit(ADU) N/A Yes Yes("
31
Table 4-1
Properties within fort Iladlock t GA where Solver('onnection Re uired
Use "Adequate"M On- Sewer System Connection
Site Sewage "Available"1�1? Required?
System?
Garage or addition to structure without Yes Yes No
lumbin — — -
-Existing multifamily d%�cllin N/A Yes Yes
Major modification to a multifamily No Yes Yes
-dwelling
New multifamily dwelling N/A Yes Yes
Existing non-residential structure with
less than l ERU per month average water Yes Yes No(3)
use
Existing non-residential structure«ith
less than I ERU per month average water 'No 1 c Yes
use
Existing non-residential structure with
equal to or greater than 1 ERU per month N'A Yes Yes
averse water use
New non-residential structure N/A Yes Yes
Major modification to a non-residential
No Yes Yes
structure
(1)"Adequate"means that the on-site sewage system("OSS")has a current inspection,is not
failing,or in need of significant repairs or replacement,and existing flows or proposed flows
resulting from a building remodel or change of use will not trigger the need for modification to
the OSS as determined by the Director of the Jefferson County Department of Environmental
Health.If the Director of the Jefferson County Department of Environmental Health determines
that a major modification,remodel,or change of use would require modification to or expansion
of an OSS,then a sewer connection is required if the PHUGA sewer system is"available.-
If there is any question whether the on-site sewage system is"adequate,"consult with Jefferson
County Environmental Health Department. See JCC 18.19.120 and chapter 8.15 JCC.
(2)"Available"is as described in JCC 18.19.120.When sewers are"available,"urban growth area
standards in chapter 18.18 JCC apply.
(3) Subject to No Protest Agreement or other binding agreement requiring connection to sewer
when"available"per JCC 18.19.120(3).
(d) When connecting a new detached ADU to the sewer system,all other structures with plumbing
on the same property are required to connect to sewer at the same time.
Table 1
On Site "At-vaqlable"641 System Requir-ed?
Sewage ]eaH12
SeA,eF Not"AvaitaW04
32
Tar-a-avicTi
Lend Use Sewer System Sewer C-onneetien
On Site System Required?
Sewage
as »f�2
is as
de..,..:he.J:., rrr 1Q 10 nGn(Ayel.�aC e,.' FS w:n�� .. he
avail-ah-le to the phased implem
R"tRt An
r Q 1 Q rrr.. pl)' rrr Sai S:'-If the PPFOPOSeoSe-OF Fnaje """�-mvcmcRtiAn is
ruFal development standafds in..hapter-l 0 1 n rrr apply."
(0)'!Ne
ast one edge of the SUbjOet PFOpefty-;and;
Fesidential pmpeFty.a seWeF eolleetion line must be loeated within 200 fee!of the
13.04.020 Mobile home park requirements.
(1) Pursuant to RCW 35.67.370,an existing mobile home park with an existing functional on-
site sewage system is not required to connect to the PHUGA sewer system,unless the Jefferson
County Department of Environmental Public Health determines that the on-site sewage system
serving the mobile home park is failing,as defined in this PHUGA sewer utility code and WAC
272-246A-280.
(2) An existing mobile home park within the PHUGA may apply for connection to the PHUGA
sewer system pursuant to QHg4eKhapter 13.04.040 JCC.
(3) Any new mobile home park within the PHUGA is required to connect to the PHUGA sewer
system as provided for in this GhapteFchapter.
(4) Any expansion of or addition to a mobile home park within the PHUGA are required to
connect to the PHUGA sewer system as provided for in this C4apteFchapter.
13.04.030 PHUGA sewer system extension.
(1) Any property owner within the PHUGA may apply for a connection to the PHUGA
sewer system pursuant to the requirements of this EhapteFchapter. For the following types of
applications,the director will provide the applicant with an initial assessment of the viability of
the application:
(a) A petition by property owners to form a Local Improvement District ("LID")
pursuant to Ompte-Khaptter 13.09 JCC;and,
34
(b) An application by a person to apply to connect to the PHUGA sewer system by
providing their own funding source(s) for extension of the PHUGA sewer system
collection and conveyance system,and any capacity increases in the treatment system or
conveyance system necessary as a result of the expansion.
(2) Factors that will be considered in determining whether to permit new connections
to the PHUGA sewer system include:
(a) PHUGA sewer system capacity, including collection, conveyance, and MBR
capacity;
(b) Ability to treat and dispose of proposed of high strength wastewater or
accommodate need for pretreatment;
(c) Whether the applicant can demonstrate in their application the feasibility of
extension by submitting the following:
(i) The exact location of the extension;
(ii)Engineered drawings of all PHUGA sewer system improvements necessary to
accomplish connection, stamped by a licensed professional engineer in the state of Washington
and in compliance with all technical specifications required by the director;
(iii)Any required sewer easements;and,
(d) Any other information determined necessary by the director to fully evaluate an
application.
(3) The county may,at its sole discretion,initiate an expansion of the PHUGA sewer
system service area within the PHUGA.The county may initiate formation of a LID for the purpose
of funding sewer extensions or expansions,or the county may secure grants or appropriations for
this purpose.
(4) When sewer becomes available to properties by means of a sewer system extension,
connection requirements for affected properties shall be as shown in Table 4-1 in JCC 13.04.010.
13.04.040 Sewer Connection permit required for connection.
(1) Property owners who request to or who are required to connect to the PHUGA
sewer system shall make application to the director or their designee. The application shall be
made on forms developed by the department.
(2) Issuance of a sewer connection permit does not release the property owner from
obtaining other permits as may be required under law.
(3) The applicant shall pay all applicable sewer connection permit and inspection
charges, and a system development charge as required by Chaptffchapter 13.05 JCC upon
application for a sewer connection permit.
(4) The applicant shall provide all information required for the sewer connection permit
application submittal, as determined by the director by administrative rule authorized by JCC
35
13.03.010(6).Submittal requirements include but are not limited to:all documentation necessary
to demonstrate compliance with technical specifications, any necessary sewer easements for
equipment installation and maintenance pursuant to JCC 13.04.060,design drawings,engineering
calculations,and maps.
(5) As a part of application review,the director may request changes and designate
changes in the placement of all PHUGA sewer system components required on the parcel to assure
proper functioning of the PHUGA sewer system.The director may require the applicant to furnish
plans prepared and stamped by a professional engineer,licensed in the State of Washington,when
necessary,due to the complexities of a specific connection or when deviations from the technical
standards and specifications are proposed.
(6) In evaluating the application,the director shall determine whether sewer capacity
is available and whether the connection meets all requirements of this PHUGA sewer utility code
and the PHUGA sewer manual.If the director finds that the application meets all requirements and
that sewer capacity is available, the director may approve the application and issue a sewer
connection permit.
(7) The director may include conditions of approval of a sewer connection permit to
ensure completion of all necessary technical steps and construction work to establish the
connection, and require timelines for the applicant to make the connection. The director shall
include a condition disclosing that if the applicant fails to make the connection in a timely manner,
the director may complete the connection as specified in JCC 13.04.070(6).
(8) The property owner shall comply with all the conditions and requirements of the
sewer connection permit.
(9) Property owners presently using an existing on-site sewage system shall comply
with the any decommissioning requirements prescribed by the director of the Jefferson County
Department of Public Health. At minimum, decommissioning or abandonment of an on-site
sewage system shall conform to the requirements of WAC 246-272A-0300 and Ghapwfchapter
8.15 JCC,as now or hereafter amended.
(10) It is unlawful to make any connection or addition to any part of the PHUGA sewer
system without a valid sewer connection permit issued by the director.
(11) If a building permit is required under Title 15 JCC a sewer connection permit issued
under this Chaptercha ter shall be valid for the same period of time that the building permit is
pending (not yet finalized or expired). If no building permit is required, the PHUGA sewer
connection permit shall be valid for one year from the date of issuance.Upon written request by
the applicant,the sewer connection permit may be extended one time for a one-year period.
13.04.050 Exception to sewer connection requirement.
(1) The director,in their discretion25 after consultation with the directors of Jefferson
County departments of community development and public health,may provide for an exception
zs Comment: This section was modified on July 24,2024 to delete the word"sole"next to
"discretion,"based on discussion at the workshops with the Board of County Commissioners on
July 14 and July 21,2024
36
to the PHUGA sewer system connection requirements of this C4apWr-chapter for a residential
property when the PHUGA sewer system connection:
(a) Is not technically feasible due to pre-existing artificial or natural geographic
barriers that were not put in place by the applicant or their predecessors;or,
(b) When the property is located in an existing sewer service area available to the
residential property as defined in JCC 18.19.120(4)and which has capacity to accommodate the
proposed development and there are other extenuating circumstances that the director determines
makes the connection not technically feasible.
This exception should be interpreted narrowly,and only used in exceptional circumstances.
(2) The grant of a waiver will in no way prevent or deter the extension of public sewers
at a future date.
(3) The director may impose conditions to the grant of a waiver, including but not
limited to requiring a no-protest agreement for future connection to public sewer.26
(4) The requester of the exception may appeal a denial by the director as authorized
under Chapterchanter 13.09 JCC and RCW 36.01.330.
13.04.060 Sewer easements required as a condition of sewer connection permit.
(1) As a condition of approval of a sewer connection permit,the property owner shall
grant sewer easements and other legal instruments as required by the director to allow for access,
construction,installation,modification,operation,maintenance,and repair of county-owned and
maintained equipment,including,but not limited to:the grinder pump and tank,the grinder pump
control panel,and the side sewer from the grinder pump to the pressure sewer system.
(2) The director shall determine the PHUGA sewer system easements and other legal
instruments necessary at the time of application for a sewer connection permit.
(3) The dimensions of the PHUGA sewer system easements or other legal instruments
for access,construction,repair,and maintenance shall be determined by the director.
13.04.070 Construction or alteration of PHUGA sewer system components —
requirements.
(1) The director shall review and authorize in advance any work, construction,
alteration,excavation,or work performed on the PHUGA sewer system.This requirement is in
addition to any other permits or approvals required pursuant to federal,state,or local law.
(2) A contractor(as defined in JCC 13.02.030) is required to install any part of the
PHUGA sewer system that will be owned and operated by the county,including but not limited to
installation of grinder pumps,sewer lines from the grinder pump to the sewer main,and grinder
pump control panels.
zb Comment: This change was made on July 24,2024 based on discussion at the workshops with
the Board of County Commissioners on July 14 and July 21,2024.
37
(3) All work performed on the PHUGA sewer system shall be in conformance with
PHUGA sewer manual adopted pursuant to JCC 13.03.010(6).
(4) All equipment and materials used in performance of a sewer connection shall be as
specified in the PHUGA sewer manual.
(5) Any repairs to a building sewer determined necessary by the director shall be made
by a contractor(as defined in JCC 13.02.030)within thirty days after the director mails notice by
certified mail to the property owner specifying the repairs required;provided, the director may
require a shorter time period if an emergency exists.
(6) If a connection is not made within the time and manner specified in the sewer
connection permit, the department may complete the connection with its own contractor or
employees. The property owner shall bear all costs and expenses incurred by the county in
completing the connection. All costs and expenses incurred by the county pursuant to this
subsection shall be assessed and billed to the property owner,who shall immediately pay the full
amount to the Jefferson County treasurer.If not paid within 90 days,the amount of the assessed
costs and expenses shall constitute a lien upon the affected property and run with the land as
authorized under JCC 19.10.025 and JCC 19.30.020.The county is authorized to seek any remedy
available under law to recoup all expenses and costs,including interest,and may seek any remedy
available under Chapter 13.07 JCC or Title 19 JCC.
13.04.080 Location of building sewer and side sewer connection.
(1) A sewer connection shall be made at the point and in the manner specified by the
director.Sewer connections include the following:the connection of a building sewer to a grinder
pump and tank,and the connection of a side sewer to a pressure sewer system.
(2) A building sewer shall serve only a single structure on one property,unless written
approval is obtained from the director allowing multiple properties or multiple structures to be
served by one building sewer.
13.04.090 Work in WSDOT or county right-of-way.
(1) An applicant proposing to complete work in a WSDOT highway or a county road
right-of-way or easement must apply for appropriate permits with WSDOT and the County as
necessary.The application shall be made on forms developed by the department.The applicant
shall pay all charges and provide plans and other information required for the application.WSDOT
and county approval for work in public road rights of way are required(as necessary)prior to
issuance of a sewer connection permit.
(2) Any excavation,pipe bedding,backfill,and restoration of surfacing in the public
right-of-way shall be conducted and completed in accordance with the requirements established in
the PHUGA sewer manual adopted pursuant to JCC 13.03.010(6),QwV4ffchapter 13.56 JCC,any
permit issued for the work,and any additional requirements imposed by the director.
(3) It is unlawful for any person to fail to protect any excavation in a public right-of-
way or in lands adjacent thereto. Protection of an excavation may include fencing, covering or
lighting.The protection of the public from the danger of an excavation on or near a public right of
way shall be the duty of the person making or causing the excavation. The person making or
causing the excavation shall be responsible for insuring adherence to all applicable safety and
health standards required by the federal Occupational Safety and Health Act(OSHA) and the
Washington Industrial Safety and Health Act(WISHA).
38
13.04.100 Inspection of work by director.
(1) The director shall inspect any completed work to installed components of the
PHUGA sewer system prior to covering or connecting the components to the PHUGA sewer
system.The applicant shall request an inspection as required by this subsection.
(2) During the inspection, the director shall determine whether the building sewer
meets the requirements of this PHUGA sewer utility code,including all technical specifications
adopted in the PHUGA sewer manual adopted pursuant to JCC 13.03.010(6).
(3) The applicant shall correct any deficiencies noted by the director,and shall request
a re-inspection.
(4) The applicant is responsible for payment of the cost of any tests required by
director.
(5) All inspection charges required under this PHUGA sewer utility code shall be paid
prior to final approval of the connection by the director.
13.04.110 Ownership and maintenance of PHUGA sewer system components.
(1) The county shall own and maintain the following components of the PHUGA sewer
system that are located on private property:
(a) Grinder pump control panel;
(b) Grinder pump and tank;and,
(c) Side sewer pipe from the grinder pump tank to the low-pressure sewer main line.
(2) The property owner shall own and shall maintain the following components:
(a) The electrical panel and the electric service to and including the disconnect box;
(b) The electric service from the disconnect box to the grinder pump control panel;
(c) The building sewer including the connection to the grinder pump tank (inlet
pipeline);and,
(d) Any grease trap,grease interceptor,or pretreatment system installed between the
grinder pump tank and the building receiving sewer service.
(3) The property owner shall be responsible for paying for electric supply costs to
power the grinder pump.
(4) Equipment purchased and installed by the property owner for connection to the
PHUGA sewer system identified in JCC 13.04.110(1) shall become the property of the county
upon final inspection and approval of installation by the director.
(5) A property owner is legally and financially responsible for any harm or damage to
the PHUGA sewer system and components resulting from inappropriate or unlawful discharges or
other act, regardless of whether the harm was intentional or because of the negligence of any
39
person.The property owner may be subject to compliance and cost recovery actions by the county
pursuant to C-haptffchapter 13.07 JCC and 446title 19 JCC,and any other remedy available under
law to recover the cost of repair,replacement,or other damage to the PHUGA sewer system and
components.
(6) Diagrams of the PHUGA sewer system components shall be included in the
PHUGA sewer manual.
13.04.120 Disconnecting from PHUGA sewer system-permit required.
(1) Any property owner who wishes to disconnect a structure from the PHUGA sewer
system shall apply for a disconnection permit from the director.An application for disconnection
shall be submitted to the director on forms developed by the department.
(2) Disconnection shall only be approved in limited circumstances,and usually only
when there is no longer a need for disposal of wastewater on the property.
(3) When disconnection is approved,the building sewer or public sewer shall be sealed
and capped in the manner designated by the director and as specified in the PHUGA sewer manual.
(4) County-owned equipment specified in JCC 13.04.110(1)shall be returned to the
county unless the county has approved its re-use for a connection on the same property within 12
months of the disconnection,due to a remodel or change of use on a property.
(5) Reconnection of a property to the PHUGA sewer system will be considered a new
sewer connection.For reconnection,the applicant shall comply with JCC 13.04.040 and all other
applicable requirements of this EhaptffchWter.For any reconnection,the applicant shall pay all
charges associated with a new sewer connection.
40
Chapter 13.05 Sewer Charges
Sections:
13.05.005 Purpose.
13.05.010 Establishment of PHUGA sewer system customer charges.
13.05.020 Annual fee adjustment.
13.05.030 Discounted charges for sewer service for qualifying customers.
13.05.040 Billing methodology.
13.05.050 Determination of monthly user charges.
13.05.060 High-strength wastewater charge.
13.05.070 System development charge.
13.05.075 Waiver or deferral of system development charge("SDC")for low-income housing.
13.05.080 Other charges.
13.05.090 Special assessments.
13.05.100 Delinquent payment—interest and liens.
13.05.110 Periodic Fee Review.
13.05.005 Purpose.
The purpose of this GhapteFchapter is to provide a system of fair sewer service charges for all
customers of the PHUGA sewer system.
13.05.010 Establishment of PHUGA sewer system customer charges.
(1) The board of county commissioners shall establish a schedule of PHUGA sewer
system customer charges,as authorized under Gchapter 3.80 JCC and this PHUGA sewer
utility code.
(2) The director shall impose sewer service charges to customers of the PHUGA sewer
utility. The director may establish classifications of customers or service, using any method
authorized by law.
(3) Sewer service charges are intended to fund operation and maintenance costs of the
PHUGA sewer system.Service system charges are also intended to cover other costs,including,
but not limited to: administrative costs,reserve accounts, system replacement, and debt service.
Utility taxes may be included in the sewer service charges when allowed by state law."
(4) The director shall review periodically the sewer service charges and may propose
changes or adjustments as necessary to meet fiscal requirements. The board of county
commissioners shall consider the proposed changes or adjustments for adoption as authorized
under Ghaptmhapter 3.80 JCC.
(5) The director shall maintain a webpage displaying the current PHUGA sewer system
fee schedule and shall have hard copies available by mail or pick up at the department's physical
interface for customers and will be mailed to any customer upon request.
27 Comment: This change was made on July 24,2024 to correct a typo,where"PHUGA sewer
system fee schedule'was left floating at the end of the subsection and was deleted.
41
13.05.020 Annual fee adjustment.
(1) The director shall adjust the PHUGA sewer system fee schedule annually by the
Consumer Price Index for Seattle-Tacoma-Bellevue for Urban Wage Earners and Clerical Workers
("CPI-W'),published by the Bureau of Labor Statistics for the United States Department of Labor,
or the successor geographic region,as periodically updated.
(2) Annual adjustments to sewer service charges shall be made by applying the 12-
month percentage increase in the CPI-W as reported for the month of September preceding the
adjustment date,which will be January 1 of the following year.
(3) Annual adjustments to sewer service charges shall be rounded to the nearest dollar.
The "base" rate for the monthly user rate will be rounded to the nearest two decimals. The
"volume"rate for the monthly user rate will be rounded to the nearest three decimals. A rate,
charge,or fee shall not be reduced by reason of such calculation.
(4) Except for the SDCs,each rate,charge,fee subject to this increase will be adjusted
by the 12-month percentage increase in the CPI-W as reported for the month of September
preceding the adjustment date.Increases will be rounded to the nearest dollar for fees,and in the
case of the components of the monthly user charge,for the"Base"rate to 2 decimal places and in
the case of the"Volume"rate, the nearest 3 decimal places. A rate, charge or fee shall not be
reduced by reason of such calculation. Rate, charge or fee increases in accordance with this
calculation shall not exceed five percent(51/6)per year.
(5) The Annual adjustments to sewer service charges shall occur automatically every
year without the requirement of a separate action by the board of county commissioners, as
required by JCC 3.80.030.
13.05.030 Discounted charges for sewer service for low-income persons.
(1) Low-income persons,including low-income senior(age 62 or older),low-income
disabled, low-income veteran customers, and certain owners of properties who satisfy the
requirements of this Ghapwrchanter qualify for discounted charges for services provided by the
PHUGA sewer system utility,as follows:
(a) Customers who are low-income persons(as defined in JCC 13.02.210)are entitled
to a discount pursuant to this section.
(b) Customers who are state licensed adult family home whose residents receive
Supplemental Security Income (SSI) or Social Security Disability Insurance (SSDI) and who
primarily rely on Medicaid are entitled to the low income charge.
(c) Low-income persons who are located in multifamily units or mobile home parks
customers that bill for all tenants and who receive individual bills for sewer service from the
customer are entitled to the low income charge.
(c) Owners of multifamily units or mobile home parks who rent to low-income persons
are entitled to a discount provided they pass on the discount to the low income tenants in the form
of rent reduction,provided the discounted charges are limited pro rata to the low income charge.
42
(2) The following documentation is required for a customer to qualify for a low-income
discount charge:
(a) Any customer applying for a low income discount under this section shall apply
using forms created by the department. The customer shall supply verified information and
documentation concerning income status in a manner determined by the director;
(b) For a multifamily unit or mobile home park customer with only one monthly bill,
the property owner shall complete forms provided by the department and provide verified
information and documentation concerning low-income residents that qualify for the low-income
discounted charge. The property owner shall also provide a declaration under oath pursuant to
Chapter 5.50 RCW to the director certifying that savings from the discounted charge shall be
passed on to the qualifying customer in the form of rent reduction;and,
(c) For a public housing authority that meets the requirements of JCC 13.05.030(1)(d),
the public housing authority shall complete forms provided by the department and submit rental
charge requirements from funding sources to prove eligibility.
(3) Customers determined by the director to be eligible for the low-income charge
provided for in this section shall be billed at the low-income charge listed in the PHUGA sewer
system fee schedule.Discounts may be expressed as a percentage reduction from the established
charges or may be expressed simply as a reduced fee or charge amount.
(4) The amount charged to a qualifying customer receiving a low income discount shall
not be less than fifty percent (50%) of the undiscounted charge for a single-family residence
charge.
(5) Customers continuously shall satisfy the eligibility requirements under in this
section.If a customer is disqualified from eligibility under this section due to a change in income
status or because the customer is no longer disabled,the individual or household shall immediately
notify the director of the disqualification. Failure to provide timely notice may result in a
delinquent fee action under this,or an enforcement action pursuant to Chapter 13.07 JCC to compel
repayment of monthly charges with fines and penalties.
13.05.040 Billing methodology.
(1) The director shall bill and collect from each customer accrued charges for the use of the
PHUGA sewer system through a monthly sewer bill.
(2) Every customer shall pay a monthly sewer bill. The responsibility for payment of the
monthly sewer bill shall rest solely with the customer.
(3) The monthly sewer bill shall be structured as follows:
(a) For residential customers,the bill shall provide a fixed base rate.
(b) For non-residential customers, the bill shall provide a fixed base rate, a volume
charge based on metered domestic water usage, and a surcharge for high strength
wastewater,if any,as required by JCC 13.05.060.
43
(4) The monthly sewer bill shall include charges for any customer-caused damage to
the PHUGA sewer system,as described in JCC 13.04.110(5).
13.05.50 13°�50—Determination of monthly user charges.
(1) This section includes the methodology for determining the monthly sewer charges
for residential and non-residential customers. Specific charges are found in the PHUGA sewer
system fee schedule adopted pursuant to JCC 13.05.010.
(2) Residential customer monthly user charges are established,billed,and collected via
a fixed base rate per dwelling unit as shown in the following Table 5-08
(3) For the PHUGA sewer system,one ERU will be considered equivalent to 4,000 gallons of
water use per month, with an average wastewater strength for Biochemical Oxygen Demand
(`BOD")equal to or less than 300 milligrams per liter and a total suspended solids("TSS")equal
to or less than 300 milligrams per liter.
(3) (4) ERUs are assigned as shown in Table 5-1.
Table 5-1—Residential User Charge Determination
R"Wcutial Customer Class ERU Multiplier for Base Rate
Single-family residence 1.0 ERU per dwelling unit X Base Rate
Duplex 0.9 ERU per Iling unit X Base Rate
Accessory Dwelling Unit AD 0.7 ERU per ADU X Base Rate
Multifamily dwelling 0.7 ERU per dwelling unit X Base Rate
Mobile home park 0.7 ERU per dwelling unit X Base Rate
Residential vehicle park 0.7 ERU per space X Base Rate
(3) Non-residential customer monthly user charges are established,billed,and collected via a
base rate plus a volume charge per gallon for all metered water usage over 4,000 gallons per month
as shown in the following Table 5-2. For customers producing high strength waste, additional
charges will be added to their monthly rate.
Table 5-2—Nonresidential Customer Charge Determination
Nonresidential Customer Class ERU Multiplier for Base Rate
All non-residential customers Additional high strength waste charges ay apply
All non-residential customers,using 1.0 ERU X Base Rate
up to 4,000 gallons per month
All non-residential customers,using 1.0 ERU X Base Rate+Volume Charge per gallon of
more than 4,000 gallons per month domestic water used greater than 4,000gallons_
(4) Domestic monthly water usage shall be based on the customer's water bill from the
Jefferson County Public Utility District#1. When monthly water usage exceeds 4,000 gallons,a
non-residential customer shall be charged a per gallon sewer usage charge in addition to the base
rate; provided,that if the customer establishes by clear, cogent and convincing evidence to the
28 Comment: On July 30,2024,former subsection(3)to JCC 13.05.050 was deleted because it
became part of the definition of"ERU," which was made in connection with changes to JCC
13.04.010 and Table 4-1 based on discussion at the workshops with the Board of County
Commissioners on July 14 and July 21,2024.
44
director's satisfaction that a significant,on-going,and quantifiable amount of metered water usage
is attributable to irrigation or other use that prevents that water from flowing to the PHUGA sewer
system,that amount of water usage shall be disregarded in determining the monthly sewer charge.
(5) Sewer charges shall be collected on a monthly basis for all connected properties,
whether occupied or vacant. When a property is vacant,the property owner shall be responsible
for paying sewer charges and shall be liable for any unpaid charges.
(6) When a property is vacated,any low-income discounts which were applied to the
previous customer shall not29continue until a new customer establishes an account with the
PHUGA sewer system utility.
(7) (7) The customer shall be responsible for paying for the cost of electricity for
operating the grinder pump system as part of their regular electric bill from Jefferson County
Public Utility District#1.
13.05.060 High-strength wastewater charge.
(1) The department is authorized to calculate and bill a high-strength wastewater
charge to a customer that generates certain high-strength wastes or has high variability in waste
loadings. The high-strength wastewater charge shall reflect the costs of treating such wastes.
Specific methodologies are detailed in the PHUGA sewer system fee schedule.
(2) The high-strength wastewater charge shall be in addition to other charges billed for
sewer service.
(3) When developing the high-strength waste charge,the department shall also identify
pretreatment requirements pursuant to Giap erchapter 13.06 JCC.
13.05.070 System development charge.
(1) A system development charge("SDC")represents the property's equitable share of
the capital cost of the components to serve the P14UGA sewer system connection. Current and
future capital costs for providing wastewater treatment,collection,conveyance,and disposal,and
re-use are used in the determination of SDCs.
(2) Revenues collected from SDCs shall be deposited into a separate county fund or
account reserved for PHUGA sewer system capital or replacement uses.
(3) SDCs shall not be used to fund operations,routine maintenance,or administrative
functions of the PHUGA sewer system.
(4) The director shall impose an SDC on all new and all upsized connections to the
PHUGA sewer system,to be paid prior to issuance of a sewer connection permit.The board of
county commissioners shall adopt the SDC as a part of the PHUGA sewer system fee schedule.
(5) In addition to payment of an SDC on all new and all upsized connections required
by subsection(4),an SDC shall also be imposed upon the following properties:
29 Comment:This section was changed on July 24,2024 to fix a typographical error,namely
adding a missing"not"to the sentence.
45
(a) A non-residential structure with an existing connection that increases the volume
of wastewater flow or strength beyond the originally approved or credited SDC;
(b) A multifamily development or mobile home park when new units are added;and,
(c) An existing single-family residence or duplex that adds an accessory dwelling unit
("ADU").
(6) The following provisions apply to SDCs:
(a) Payment of an SDC will remain with the property and parcel for which it was
initially designated.An SDC does not"follow"a customer to another parcel.
(b) A property may be subject to more than one SDC. SDCs are applied to each
structure on a property that is served by the PHUGA sewer system. A property with multiple
dwelling units or non-residential sewer connections will pay multiple SDCs as outlined further in
this section;
(c) A customer who upgrades or expands an existing connection in a manner that
results in higher wastewater flows or treatment needs shall receive SDC credits for the initial
connection.The SDC that was paid for the initial connection shall be subtracted and credited to
the customer from the new total SDC charge for the expanded or upgraded development;
(d) An ERU determination will be rounded to the nearest tenth of a decimal for
purposes of calculating the SDC;and,
(e) SDCs will not be refunded when a property is disconnected or flow is reduced.
(7) For residential properties,the SDC shall calculated as shown in Table 5-3,below:
Table 5-3—Residential SDC Charge Determination
Residential Customer Class ERU Multiplier for Base Rate
Single-family residence 1.0 ERU per dwelling unit X current SDC fee
Duplex 0.9 ERU per dwelling unit X current SDC fee(2 units=
1.8 ERUs
Accessory Dwelling Unit 0.7 ERU per ADU X current SDC fee
ADU
Multifamily dwelling 0.7 ERU per dwelling unit X current SDC fee
Mobile home park 0.7 ERU per dwelling unit X current SDC fee
Residential vehicle park 0.7 ERU per dwelling unit X current SDC fee
(8) For a non-residential structure,the SDC charge is a calculation of ERUs based on
water usage,as indicated on the customer's water bill records from the Jefferson County Public
Utility District#1.Average water use shall be determined by the director using at least the previous
12 months of water consumption data for the property.Abnormally low or high months may be
disregarded in the calculation at the director's discretion.
(a) A non-residential structure that uses, or will use, on average, 4,000 gallons of
metered domestic water or less per month will be assigned one ERU.No value of less than one
ERU shall be assigned to a non-residential structure.
46
(b) A non-residential structure that uses, or will use, on average, more than 4,000
gallons of metered domestic water per month, shall be assigned an ERU value that will be
calculated using the following formula:
Average Monthly Water Use/4,000=Total ERUassigned for structure
Example:Water use average is 10,000 gallons of domestic water per month
10,000/4,000=2.5 ERUs assigned for structure and used for SDC determination
(c) If the director determines that a customer has established by clear, cogent and
convincing evidence that a significant, on-going, quantifiable amount of metered water use is
attributable to irrigation or other use that prevents that water from flowing to the PHUGA sewer
system,then that amount shall be disregarded in determining the number of ERUs assigned to the
property for the purposes of calculating SDCs.
(9) If a non-residential structure has no existing water use or the water usage records
are not likely to accurately reflect wastewater flow,the ERU count is determined by one of the
following methods,as determined by the director:
(a) The customer shall apply to the director for an ERU determination and include
estimated proposed wastewater flows using the tables from the PHUGA Sewer
Manual or Department of Ecology Orange Book that contain estimated flows for
different types of uses;
(b) The customer may provide an estimated wastewater flow by providing a plumbing
fixture count complete with calculations and analysis;
(c) For more complex facilities, the director may require the customer to obtain a
licensed professional engineer to estimate wastewater flows based on plumbing
fixture counts,and include calculations and analysis;or,
(d) The director in their discretion shall use other data determined to be useful,
including the following Table 5-4,below:
Table 54.Calculation of ERUs for SDC Charge Based on Typical Use.*
Measurement based on cubic foot("cf.")(7.48 gallons)per month
* When a structure or complex has multiple uses or functions, the residential
equivalent units applicable thereto shall be the combined sum of the units from each
use or function
easur
Restaurant 100 cf./month per seat
Fast food restaurant 150 cf/month per seat
Bar,tavern or cocktail lounge 80 cf./month per seat
Retail store or office building 200 cf./month per 1,000 gross square feet of floor
space
47
Table 54.Calculation of ERUs for SDC Charge Based on Typical Use.*
Measurement based on cubic foot("cf.")(7.48 gallons)per month
* When a structure or complex has multiple uses or functions, the residential
equivalent units applicable thereto shall be the combined sum of the units from each
use or function
Shopping center 400 cf./month per 1,000 gross square feet of floor
space minus common was and walks
Factory 100 cf./month per employee;
School without cafeteria or 20 cf./month per student
showers
School with cafeteria and 25 cf./month per student
without showers
School with cafeteria and 35 cf./month per student
with showers
Theater or auditorium 5 cf./month per seat
Laundromat or self-service 700 cf./month per washing machine
laundry not concomitant to a
residential use
Hospital 1,200 cf./month per bed
Nursing/convalescent/assisted 800 cf./month per bed
livine facilitv
Medical office 400 cf./month per 1,000 gross square feet of floor
space
(10) For any non-residential 30facilities that will discharge high strength wastewater,the
director shall add ERUs to those calculated for the property pursuant to JCC 13.05.070(7)(a)and
(b)as follows:
(a) (i) The high strength ERU formula is:
(0.38 (flow of customer) / (flow of standard ERU)) + (0.387 (BOD of
customer) / (BOD of Std. ERU)) + (0.233 (TSS of customer)/ (TSS of
standard ERU))=equivalent high strength ERU(rounded to nearest tenth
of a decimal)
(b) (ii) Explanation of assumptions in formula:
(i) A. Flow of standard ERU is assumed to be 4,000 gallons per month
30 Comment: This section was modified on July 24,2024 by changing"non-residential
facilities"to"any non-residential structure." This change was made to true up the language to
the new definition of"non-residential structure,"which has been changed based on discussion at
the workshops with the Board of County Commissioners on July 14 and July 21,2024,about
changes to JCC 13.04.010 and Table 4-1.
48
(ii) BOD of standard ERU is assumed to be 14 pounds per month
(iii) TSS of Standard ERU is assumed to be 14 pounds per month
(11) A customer may appeal the director's determination of the SDC under subsection
I (8)of this section pursuant to C4apteFchapter 13.09 JCC.
13.05.075 Waiver or deferral of system development charge ("SDC") for low-income
housing.
(1) The director may waive or defer payment of an SDC for customers that qualify as a
community action agency,a housing authority,or a non-profit organization,as those terms
are defined in Qwptffchapter 13.02 JCC,who are developing or constructing housing units
for low-income households.
(2) An applicant may apply for a waiver or deferral on forms developed by the department.
(3) To be eligible for a deferral or waiver of the SDC charge,the applicant shall:
(a) Qualify as a community action agency,a housing authority,or a non-profit,as those terms
are defined in EhapWchapter 13.02 JCC;
(b) Be developing or constructing housing units for low-income households;
(c) Covenant and agree in writing that the property for which the applicant seeks a waiver or
deferral will only be sold or rented to low-income households,as defined in JCC 13.02.120,
for a minimum of 20 years from the date of certificate of occupancy.The agreement shall
specify:
(i)The term of the agreement;
(ii)The deferral or waiver terms;
(iii)The criteria for waiver;
(iv)The repayment requirements;
(v)The reporting requirements;
(vi) Consent to allow regular audits of the qualified applicant's(or successor's)
records by the county or other entity designated by the county;and,
(vii)That if within 20 years of the date of the certificate of occupancy the property
is sold or rented,and the new buyer or tenant does not meet the eligibility requirements of
this section,then repayment of the deferred SDC is required in full with interest thereon at
a rate commensurate with the annual one-year U.S.Treasury notes and bonds,adjusted for
constant maturities, as published in the Federal Reserve Bulletin or otherwise available
from the Federal Reserve Bank,computed annually on unpaid balances.Interest calculated
pursuant to this section shall not be compounded.
49
(d) The applicant shall record the agreement and a real property lien on the qualified
property to secure the SDC obligation in an amount that reflects the SDC charge deferral and
reasonable interest accrual,in a form approved by the prosecuting attorney.
(e) The real property lien shall run with the land and apply to subsequent property
owners. This lien shall be considered senior to all other security interests recorded against the
property,to the extent permitted by law.
(4) A qualified applicant may propose waiver or deferral of the SDC charge for mixed-
income or mixed-use development. The amount of the SDC waived or deferred shall be a
percentage proportionate to the low-income housing provided based on square-footage.
(5) The director is authorized to grant a waiver of the SDC charge at the time of
connection,or a deferral of the SDC charge at the time of connection that may be waived after a
period of 20 years from the date of the certificate of occupancy,as specified in this section.If the
qualified applicant or successor in interest fails to continually meet the eligibility requirements of
this section,repayment is required as specified in this subsection(3)of this section.
(6) Prior to a grant of a deferral or waiver,the applicant shall record the covenant of
agreement and the real property lien on the qualifying property.
(7) The director may waive the requirement to record a covenant of agreement and a
lien on the property under subsection(3)(d)and(e)of this section at the time of connection if the
applicant demonstrates to the satisfaction of the director that the qualifying property shall be
continually monitored by a federal,state,or county agency to ensure that the housing units are
reserved only for low-income households for a minimum of 20 years from the date of the certificate
of occupancy. Under these circumstances, the director also may waive the requirement of the
covenant of agreement,the real property lien,the county reporting requirement,and any eligible
charges.
(8) For qualified applicants who do not meet the requirements of subsection(3)of this
section,the repayment requirement may be waived if the applicant demonstrates the property has
been continually sold or rented to low-income households, as defined in JCC 13.02.120, for a
period of 20 years from the date of the certificate of occupancy.
(9) The qualified applicant or successor in interest shall submit a report to the director
every three years or as specified in subsection 10 of this section for any qualified property with an
active fee deferral.The report shall contain the following:
(a) A declaration that satisfies the requirements of Chapterchapter 5.50 RCW that
occupancy of all units has continuously conformed to the requirements of the covenant of
agreement and lien;
(b) Documentation,as specified by the director,to verify that occupancy of all units
has continuously conformed to the requirements of the covenant of agreement and lien;
(c) Any additional information required by the director;and,
(d) A written acknowledgement that the director retains the right to audit the records
as required by the covenant of agreement and lien recorded on the qualified property.
(11) The report required in subsection (10) of this section shall be submitted to the
director as follows:
(a) For units under private ownership,reports are due to the director at the time of sale
prior to escrow and at the end of the period specified by the lien;and,
(b) For rental units,reports are due to the director by March 3 1'of each third calendar
year and at the end of the period specified by the lien.
(12) The director shall provide a report to the board of county commissioners at least
annually on the number and dollar amount of existing deferrals,and budget impacts to the PHUGA
sewer system.The report shall also review the total number of entities expected to request waivers
or deferrals within a budget cycle and the cumulative projected amount of deferral or waiver,and
50
evaluate the potential impacts on the PHUGA sewer system budget. The board of county
commissioners may take action to limit the number of deferrals in any one budget year by applicant
or in total,or specify any other limitation as may be required for budgetary purposes.
(13) The director shall develop forms and administrative regulations to carry out the
intent and purpose of this program.
13.05.080 Other charges.
The PHUGA sewer system fee schedule may include charges for other services or actions
including,but not limited to:
(1) Hourly rate;
(2) Sewer connection permit charge;
(3) Pretreatment treatment facility permit charge:
(4) Prohibited waste discharge permit charge;
(5) Inspection service fee;
(6) Right-of-way Application fee;
(7) Maintenance service fee;
(8) Equipment supply and replacement fee;
(9) Labor,equipment and materials fee;
(10) On-site sewage system decommissioning permits and inspection charge;
(11) Disconnection permit charge;
(12) Charge for removal of unauthorized connections or taps to the PHUGA sewer
system;
(13) Application fee for processing latecomer assessment;
(14) Administrative fee for administering latecomer process;
(15) Cost of security for installation of PHUGA sewer system improvements;
(16) Cost of installation of PHUGA sewer system improvements;
(17) Assessments for PHUGA sewer system improvements;
(18) Defective work charge;
(19) Segregation application fee;
(20) Developer reimbursement payback processing fee;
(21) Filing fee for hearing examiner appeal under Ghaptwhapter 13.08.JCC;
51
(22) Marine vessel holding tank discharge fee;
(23) Grinder pump damage fee;
(24) Special assessment fees as required by JCC 13.05.090 and Ghaptffchapter 13.09
JCC;
(25) Delinquent payment charge;
(26) Recording fee;
(27) Filing fee for hearing examiner appeal under 64aptwhapter 13.09 JCC;and,
(28) Other administrative and management charges as necessary to reimburse costs
incurred by the PHUGA sewer utility to provide sanitary sewer service.
13.05.090 Special assessments.
Special assessments for Local Improvement Districts ("LIDs") or Utility Local Improvement
Districts("UL1Ds")shall be charged and paid as authorized by statute and pursuant to the specific
plan and program of each improvement district as authorized under C4aptffchapter 13.09 JCC.
13.05.100 Delinquent payment—interest and liens.
(1) The director may impose a penalty and delinquency interest at specified rates for
any unpaid sewer service charges established in this C4apteKhapter.
(2) Unpaid sewer service charges shall become"delinquent"for the purposes of this
section when such charges remain unpaid for 30 days as measured from the date of the bill or
invoice which notified the customer of the amount owed by that customer.
(3) Accounts labeled delinquent will be assessed a late payment fee of 5%of the total
sewer bill if paid within 30 days of the notice of delinquency.
(4) Delinquent accounts over 60 days from the original billing date will be turned over
to a collection agency for collection of the bill amount,the penalty amount,and the collector's
cost.
(5) The director may file and record a notice of lien with the office of the county auditor
for any unpaid bills,penalties,and collector's costs,if payment is not received within 120 days.
(6) The director shall use the process in JCC 19.30.020 for filing of the lien and cost
recovery.
13.05.110 Periodic Fee Review.
The director shall conduct periodic reviews of all charges under this PHUGA sewer ordinance and
shall propose changes or adjustments in addition to CPI-W annual adjustments required by JCC
13.05.020 as may be necessary to meet fiscal requirements as specified in JCC 3.80.040. All
charges shall be reviewed annually by the director as part of the budget process. All Fee Schedule
52
adjustments,other than those made automatically by CPI-W annual adjustments required by JCC
13.05.020,shall be adopted by the board of county commissioners by resolution.
53
Chapter 13.06 Discharge Restrictions, Pretreatment Requirement, and Prohibited
Discharge Permits
Sections:
13.06.010 Industrial and commercial pretreatment of discharge required.
13.06.020 Discharge limitations.
13.06.025 Grease traps and grease interceptors.
13.06.030 Pretreatment requirements.
13.06.035 Standards and conditions for discharge of industrial wastewater,chemicals of It
concern,or prohibited wastes.
13.06.040 Inspection to ascertain character of wastewater.
13.06.050 Discharge from mobile tanks.
13.06.060 Violator liable for costs.
13.06.010 Industrial and commercial pretreatment of discharge required.
(1) Unless authorized by an approved prohibited waste discharge permit, no person
shall discharge industrial waste into the PHUGA sewer system,unless otherwise allowed pursuant
to this Qaptemha ter.
(2) A person shall prevent, control, and immediately correct illicit discharges,
prohibited discharges, or other such materials pursuant to 40 CFR � 403.5 and the rules and
regulations in this C4aptefchaa—
(3) The department may inspect pretreatment equipment or pretreatment systems
periodically at their sole discretion.
(4) All violations of the pretreatment requirements or defects in any pretreatment
equipment or pretreatment system shall be corrected immediately by the property owner.Repeat
failures of the pretreatment requirements or failure to correct defects in pretreatment equipment or
a pretreatment system may result in a violation of this Ehaptefchapter as provided in
C4aptefchapter 13.07 JCC.
13.06.020 Discharge limitations.
(1) Consistent with the policy contained in WAC 173-216-020,any discharge into the
PHUGA sewer system that would interfere with,pass through,or otherwise be incompatible with
the PHUGA sewer system or that would contaminate the processing of solids is prohibited.
(2) The discharge of waste materials into the PHUGA sewer system that present a risk
to human health,including the potential,chronic effects of lifetime exposure to waste materials is
prohibited.
(3) Alteration of the physical,chemical or biological properties,of any discharge to the
PHUGA sewer system, including change in temperature, taste, color, turbidity, or odor is
prohibited.
(4) Discharge of any liquid, gaseous, solid, radioactive, or other substance into the
PHUGA sewer system that will or is likely to create a nuisance or be harmful, detrimental or
injurious to the public health,safety or welfare to domestic,commercial,industrial,agricultural,
54
recreational,or other legitimate beneficial uses,or to livestock,wild animals,birds,fish or other
aquatic life is prohibited.
(3) No person shall discharge or permit a discharge into the PHUGA sewer system,
or cause to be placed where any discharge is likely to run,leak or escape into the PHUGA sewer
system,any of the following prohibited substances:
(a) Solid or viscous substances or concentrations of inert suspended solids which may
obstruct or interfere with the capacity or operation of the PHUGA sewer system,including but not
limited to ashes,cinders,sand,earth,garbage or putrescible material,mud,straw,shavings,metal,
glass,rags,feathers,tar,plastic,lime slurries,lime residue,or wood;
(b) Liquids,solids,or gases,which because of their nature or quantity are,or may be,
sufficient, either alone or by interaction with other substances, to cause fire or explosion, be
capable of creating a public nuisance or hazard to life;
(c) Any substances that any agency of the county,the state or the federal government
considers a fire hazard or a hazard to the PHUGA sewer system, including but not limited to
gasoline, kerosene, naphtha, benzene, toluene, xylene, ethers, alcohols, ketones, aldehydes,
peroxides,chlorates,perchlorates,bromates,carbides,hydrides and sulfides,and;
(d) Wastewater containing pollutants in sufficient quantity or strength,either singly
or by interaction,to injure or interfere with any wastewater treatment process,constitute a hazard
to humans or animals,or be in violation of any applicable statute,rule,regulation or ordinance
of any public agency;
(e) Matter that has a temperature greater than 40 degrees Celsius (104 degrees
Fahrenheit),or that will inhibit biological activity in PHUGA sewer system;
(f) Wastewater containing suspended solids in excess of three hundred milligrams per
liter;
(g) Wastewater containing fats, oils or grease ("O&G") in excess of one hundred
milligrams per liter;
(h) Wastewater with Biochemical Oxygen Demand ("BOD") greater than three
hundred milligrams per liter;
(i) Wastewater with pH lower than 6.0 or higher that 9.0, or having any corrosive
property capable of causing damage to structures,equipment or personnel;
0) Garbage that has not been properly shredded;
(k) Wastewater containing toxic substances in sufficient quantity to injure or interfere
with any wastewater treatment process,constitute a hazard to humans or the environment,create
any hazard in the receiving waters of a wastewater treatment plant, or exceed the limitation set
forth in the pretreatment standards;
(1) Noxious or malodorous matter which either singly or by interaction are capable of
creating a public nuisance or hazard to life,or sufficient to prevent entry into the PHUGA sewer
system for maintenance and repair;
55
(m) Discharges from irrigation, water main flushing, cooling processes, industrial
processes,storm drains,surface runoff,roof runoff,subsurface drainage,sump pumps,swimming
pools,ponds or reservoirs;
(n) Radiological,chemical,or biological warfare agents or high-level radioactive waste
into waters of the state(see WAC 173-226-100(1)(a));
(o) Substances that may cause the PHUGA sewer system's effluent or treatment
residues,biosolids or scums to be unsuitable for reclamation and reuse or to interfere with the
reclamation process;
(p) Substances that causes the treatment plant to be in noncompliance with biosolid use
or disposal criteria,guidelines,or regulations developed under the federal Clean Water Act(33
U.S.C. § 1251 et seq.) or its implementing regulations, any criteria, guidelines or regulations
affecting biosolids use or disposal developed pursuant to the federal Solid Waste Disposal Act(42
U.S.Code§6901 et seq.)or its implementing regulations,the federal Clean Air Act(42 U.S.Code
4 7401 et seq.)or its implementing regulations,the federal Toxic Substance Control Act(15 U.S.
Code&2601 et seq.)or its implementing regulations,or any Washington State standards applicable
to the biosolids management method being used including Cwaptwhapter 70A.226 RCW and
Qmptefchapter 173-308 WAC;
(q) Substances that will cause the PHUGA sewer system to violate any permit issued
to operate it, including but not limited to any National Pollutant Discharge Elimination System
("NPDES") permit, State Waste Discharge Permits ("SWD"), Water Treatment Plant General
Permit,or Water Reclamation permit.
(r) Slug-load,which shall mean any pollutant,including oxygen-demanding pollutants
(such as BOD),released in a single extraordinary discharge episode of such volume or strength as
to cause interference to the treatment plant.In no case shall a slug-load contain concentrations or
qualities of pollutants that exceed for any period longer than fifteen minutes more than five times
the average twenty-four-hour concentration,quantities or flow during normal operation;
(s) Wastewater containing substances that are not amenable to treatment or reduction
by the PHUGA sewer system,or that are amenable to treatment only,to such a degree that the
PHUGA sewer system effluent cannot meet the requirements of other agencies having jurisdiction
over discharge to the receiving waters;
(t) Stormwater,or any other direct inflow sources, including but not limited to any
precipitation or groundwater that accumulates from roof drains,floor drainage,sump pump water,
or other property drainage or conveyance;
(u) Concentrations of dissolved solids such as sodium chloride,calcium chloride,or
sodium sulfate that are so high as to constitute a danger to the wastewater treatment process or
equipment;
(v) Infectious waste or medical waste that,in the opinion of the county health officer,
may significantly increase the risk of disease transmission beyond the level of risk normally
associated with residential wastewater;
56
(w) Wastewater that contains a toxic or poisonous substance in sufficient quantity to
upset or interface with any PHUGA sewage system treatment process,that constitutes a toxic or
poisonous hazard to humans or animals;or,that creates any hazard to receiving waters or to the
effluent of the PHUGA sewer system;and,
(x) Discharge that exceeds the daily maximum pollutant limits in Table 6-1,below:
Table 6-1 Discharge limits for specific chemicals or elements.
ChemicaUElement Concentration
Arsenic 0.15 m
Cadmium 0.10 m
Chromium 1.0 m
Copper 0.75 m
Lead 0.25 m
Mercury 1 0.010 m
Molybdenum 2.0 m
Nickel 0.60 m
Selenium 0.80 m
Silver 0.50 m
Zinc 2.0 m
Cyanide 0.75 mgfL
Ammonium 50 m
Notes:
(1) Businesses that follow best management practices ("BMPs") for their
industry can petition the director for higher limits.
(2)This will be limited to businesses contributing less than 1%of the total flow
to the PHUGA sewers stem.
(4) Any person discharging to the PHUGA sewer system may be subject to limits
more stringent than those set forth in this Owptefchapter when required by the United States
Environmental Protection Agency(including Federal Categorical Pretreatment Standards),the
Washington State Department of Ecology,or the Washington State Department of Health.
(5) No person shall use potable water or process water in any way,nor mix separate
waste streams for the purpose of diluting a discharge, as a partial or complete substitute for
adequate pretreatment to achieve compliance with the standards.
(6) Waste from garbage grinders shall not be discharged into the PHUGA sewer
system, except wastes generated in preparation of food normally consumed on the premises.
Such grinders shall shred the waste to such a degree that all particles will be properly
comminuted to one-fourth inch or less and be carried freely under normal flow conditions.No
discharge permitted by this subsection may contain plastic,paper products or inert material.
(7) No person shall discharge wastewater into the PHUGA sewer system except at the
point of approved connection. Discharge through cleanouts or manholes is a violation of this
Ehagtefchapter and a civil code violation as defined in Titletitle 19 JCC.
57
13.06.025 Grease traps and grease interceptors.
(1) A grease trap or grease interceptor shall be required for establishments that
discharge or may discharge in the future fats,oils and greases("O&G")in concentrations greater
than 100 mg/l,including all food service establishments("FSE"),food manufacture and processors
("FMP"),establishments as required in the applicable uniform plumbing code adopted pursuant to
JCC 15.05.030(and as may be modified in Ciapterchapter 15.05 JCC),or other establishments as
determined necessary by the director.The type of device will be as specified in the county-adopted
plumbing code and the PHUGA sewer manual.
(2) Grease traps and grease interceptors shall be installed in accordance with the
PHUGA sewer manual.
(3) All grease traps and interceptors shall be owned,managed and maintained by the
property owner in accordance with Washington State Department of Ecology oil and grease
management program and this OwpteFchapter.
(4) All costs associated with design,installation and maintenance to ensure a working,
reliable grease trap or interceptor system shall be the responsibility of the property owner.
(5) The county shall inspect grease traps and grease interceptors at least annually. A
fee for these inspections shall be charged pursuant to the PHUGA sewer system fee schedule.
13.06.030 Pre-treatment requirements.
(1) Any person proposing to discharge high-strength wastes to the PHUGA Sewer
System shall apply to the director for a permit authorizing the discharge. The director, after
consulting with the Washington State Department of Ecology, may establish conditions for
discharge and monitoring requirements.
(2) When preliminary treatment is necessary to reduce the strength of waste to within
the maximum limits prescribed by C4*ap*Fchapter 13.06 JCC, as determined by the director,an
approved pretreatment facility shall be installed at the sole expense of the property owner. An
application for a permit approving a proposed pretreatment facility shall be submitted to the
director prior to commencement of construction of the pretreatment facility, in accordance with
the requirements of the PHUGA sewer manual.An application for a permit approving a proposed
pretreatment facility shall be made on forms developed by the department.
(3) No construction may be commenced until the director has issued a permit
approving a pretreatment facility.
(4) A pretreatment facility shall be maintained in a manner that ensures continuous
efficient and effective operation by the property owner at their own expense.
13.06.035 Standards and conditions for discharge of industrial wastewater,chemicals of
concern,or prohibited wastes.
(1) National categorical pretreatment standards, as adopted by the United States
Environmental Protection Agency("EPA")pursuant to federal Clean Water Act(33 U.S.C. §§
1251 et seq.)are applicable to all industrial dischargers.
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(2) Any requirements and limitations on discharges to the PHUGA sewer system
adopted by the Washington State Department of Ecology or other state agency that are more
stringent than federal requirements and limitations are applicable to all industrial dischargers.
(3) Prohibited waste discharges listed in JCC 13.06.020 shall be disposed of in one of
the following ways:
(a) Pretreatment.A customer producing prohibited wastes may treat those wastes prior
to their introduction into a public sewer for the purpose of reducing the objectionable
characteristics of the waste,or altering the nature of properties of the discharge prior to or in lieu
of introduction into the PHUGA sewer system. The reduction or alteration can be obtained by
physical,chemical,or biological processes,or by other means;except those pollutants may not be
diluted in concentration,unless allowed by an applicable pretreatment standard.
(i) Prior to the utilization of any pretreatment device or process,a customer producing
the prohibited waste must receive written approval from the director and the
Washington State Department of Ecology of the device or process that will remove
the objectionable characteristics,based on submitted plans and specifications.
(ii) The entire cost of the installation and construction,maintenance and operation of
any pretreatment device or process is the responsibility of the discharger.
(b) Prohibited waste discharge permit.Prohibited wastes may only be discharged into
the PHUGA sewer system in accordance with a prohibited waste discharge permit issued by the
director and, if necessary, the Washington State Department of Ecology. An application for a
prohibited waste discharge permit shall be made on forms developed by the department.
(c) No prohibited waste discharge may occur until the director and the Washington
State Department of Ecology, if necessary, has issued final approval of the prohibited waste
discharge permit.
13.06.040 Inspections to ascertain character of wastewater.
As a condition of permit approval,a user of the PHUGA sewer system shall consent to inspection
of the property served by the PHUGA sewer system by the director at any reasonable time,and
allows the PHUGA sewer system utility to take wastewater samples for the purpose of determining
whether the wastewater is an unlawful waste. Persons that pretreat unlawful wastes pursuant to
JCC 13.06.030(3)(a) or that are permitted to discharge unlawful wastes pursuant to JCC
13.06.030(3)(b) shall install inspection tees or manholes in the building sewer to facilitate
sampling,as may be required by the director.
13.06.050 Discharge from mobile tanks.
(1) A discharge from a tank or recreational vehicle tank into a public sewer is
prohibited.However,this prohibition does not apply to a discharge from a marine vessel holding
tank if the director determines the conditions and requirements for such discharge, and pre-
approves such discharge in writing on a form to be developed by the department.
(2) A charge per gallon shall be made for the discharge from the marine vessel holding
tank that shall be based upon the capacity of the tank(in gallons)from which the wastewater is
discharged into the PHUGA sewer system.
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(3) The charge per gallon for discharge from marine vessel holding tanks shall be
established in the PHUGA sewer system fee schedule.
13.06.060 Violator liable for costs.
Any person who violates any provision of this Chaptwhapter is liable to the county for any
expense,loss,damage,cost of inspection or correction incurred by the county as a result of such
violation pursuant to QwgA Fchapter 13.07 JCC.and Titletitle 19 JCC.
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Chapter 13.07
Enforcement and Remedies for Misuse of PHUGA Sewer System
Sections:
13.07.010 Violations and remedies.
13.07.020 Enforcement authority.
13.07.030 Action authorized pursuant to Titletitle 19 JCC.
13.07.040 Administrative fines and penalties.
13.07.050 Civil liability for removal of unauthorized connections or taps.
13.07.060 Civil liability of dischargers for expenses and fines for violations of permits issued to
the PHUGA sewer system utility caused by them.
13.07.070 Administrative appeal.
13.07.080 Criminal penalties.
13.07.090 Remedies nonexclusive.
13.07.010 Violations and remedies.
(1) Whenever the director finds that any person has violated or is violating any of the
provisions of this PHUGA utility code,the director may take one or more of the following actions:
(a) Emergency suspension of service and any permit;
(b) Termination of treatment services and permit revocation;
(c) Notice of violation or other administrative order;
(d) Assessment of civil penalties;
(e) Pursuit of criminal penalties;or,
(f) Pursuit of any other legal or equitable remedy permitted under law.
(2) The director may take any action permitted under this PHUGA sewer utility code
or T 4etitle 19 JCC to cure violations and remedy any misuse of the PHUGA sewer system.
13.07.020 Enforcement authority.
(1) The enforcement provisions specified in this EhapteFchaR—apply to any user of
the PHUGA sewer system who violates any provision of this PHUGA sewer utility code or any
permit,order,or determination of the director.
(2) To achieve compliance,the director may use a variety of enforcement mechanisms
as provided in the Jefferson County Code and state law. The director may, at their discretion,
implement the use of any mechanism or the concurrent use of several mechanisms to enforce the
provisions of this PHUGA sewer utility code.
(3) The enforcement mechanisms provided herein may be cumulative in respect to such
other enforcement mechanisms or civil and criminal penalties as may be otherwise available under
federal,state,or local law.
(4) Nothing in this PHUGA sewer utility code is intended to prevent state and federal
regulatory agencies from undertaking enforcement actions as may otherwise be available due to a
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violation of this PHUGA sewer utility code,which also constitutes a violation of federal or state
statutes and regulations.
13.07.030 Action authorized pursuant to Title 19 JCC.
(1) When the director determines that enforcement is required,the director may take
any action authorized under 444etitle 19 JCC, in addition to any other remedy permitted under
federal,state,or local law.Nothing in this section shall limit the authority of the director to take
any action,including emergency actions or any other enforcement action,without first issuing a
notice of violation.
(2) Any violation of this PHUGA sewer utility code or a permit, order, or decision
issued hereunder is a civil code violation as defined in JCC 19.10.015.
(3) The director is authorized to promulgate any rules necessary to ensure the efficient
application of Titletitle 19 JCC to enforcement actions pursuant to this PHUGA sewer utility code.
13.07.040 Administrative fines and penalties.
(1) When the director determines that a violation has occurred under this PHUGA
sewer utility code,the director may impose a fine in an amount as specified in the PHUGA sewer
system fee schedule and Tidetitle 19 JCC. The director shall collect fines and penalties in the
manner specified in Titletitle 19 JCC.
(2) Imposition of a fine or penalty shall not preclude any other action by the director
against the user.
(3) The maximum penalty shall be$10,000 per violation per day for each violation of
Q&44 Fchapter 13.06 JCC (Discharge Restrictions, Pretreatment Requirements, and Prohibited
Waste Discharge Permits)."
13.07.050 Civil liability for removal of unauthorized connections or taps.
Whenever any tap or connection is made into any PHUGA sewer system improvement without
payment of the assessment being made as required by this chapter. the department is
authorized to remove and disconnect,or cause to be removed and disconnected,such unauthorized
tap or connection including all connecting tile or pipe located in the right-of-way and dispose of
such unauthorized material without liability. The property owner where the unauthorized
connection is located shall be liable for all costs and expenses of any type incurred to remove,
disconnect,and dispose of the unauthorized tap or connection.
13.07.060 Civil liability of dischargers for expenses and fines for violations of permits
issued to the PHUGA sewer system utility caused by them.
Any discharger violating provisions of this PHUGA sewer system code shall be liable for any
expense,loss or damage caused to the PHUGA sewer system utility by reason of such violation,
including increased costs for treatment, sludge treatment, or disposal and operation and
maintenance expenses when such increased costs are the result of the discharger's discharge.Any
discharge that causes any violation of any permit issued to operate the PHUGA sewer system,
"Note:The maximum penalty per day for Clean Water Act violations is$64,619 per day for
each violation.33 CFR '30 26.6.
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including but not limited to any National Pollutant Discharge Elimination System ("NPDES")
permit,State Waste Discharge Permits("SWD"),Water Treatment Plant General Permit,or Water
Reclamation permit,and that causes the PHUGA sewer system utility or the county to be fined by
any agency of the United States(including but not limited to the United States Environmental
Protection Agency)or the State of Washington(including but not limited to the Washington State
Department of Health or the Washington State Department of Ecology), the discharger shall be
liable to the PHUGA sewer system utility or the county for all of their fines,penalties,and costs,
including, without limitation, the total amount of the fine assessed against the PHUGA sewer
system utility or the county and all attorney's fees and costs, sampling, analytical and other
associated costs and expenses.
13.07.070 Administrative appeal.
(1) Any aggrieved person may appeal any of the following decisions of the director:
(a) Suspension of the discharger's wastewater services or any permit;
(b) Termination of the discharger's wastewater services or any permit;
(c) Imposition of fine or penalty under this OmpteFchapter or Titletitle 19 JCC;or,
(d) Violation of a compliance schedule order.
(2) The administrative appeal authorized by this section shall be processed in
accordance with ChapieFchapter 13.09 JCC and GhapteFchapter 19.35 JCC.
13.07.080 Criminal penalties.
(1) A user who introduces any substance into the PHUGA sewer system which causes
personal injury or property damage shall,upon conviction,be guilty of a gross misdemeanor and
be subject to a penalty of not more than$5,000,one year in jail,or both. Each day a violation
occurs shall constitute a separate offense.This penalty shall be in addition to any other cause of
action for personal injury or property damage as provided for in the PHUGA sewer manual and
available under state law.
(2) Any person who knowingly makes any false statements, representations, or
certifications in any application,record,report,plan,or other documentation filed,or required to
be maintained, under the PHUGA sewer system ordinance or order issued thereunder, or who
falsifies,tampers with,or knowingly renders inaccurate any monitoring device or sample shall,
upon conviction,be guilty of a gross misdemeanor,and punished by a fine of not more than$5,000,
one year in jail,or both.
(3) Each day a violation occurs shall constitute a separate offense.
13.07.090 Remedies nonexclusive.
The provisions in this chapter are not exclusive remedies. The county reserves the right to take
any,all,or any combination of these actions concurrently or sequentially against a noncompliant
user or to take other actions as warranted by the circumstances.
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Chapter 13.08 assessment Reimbursement areas and Latecomer agreements
Sections:
13.08.010 Authority and purpose.
13.08.020 Applicability.
13.08.030 Application—contents and requirements.
13.08.040 Review and approval of application for utility system improvement.
13.08.050 Preliminary determination.
13.08.060 Preliminary determination notice.
13.08.070 Latecomer agreement.
13.08.080 Execution,notice,and recording.
13.08.090 Construction—final costs and conveyance.
13.08.100 Defective work.
13.08.110 Payment of latecomer assessments—remittance to developer.
13.08.120 Segregation.
13.08.130 Term of latecomer agreements.
13.08.140 County charges.
13.08.150 Appeal.
13.08.160 Enforcement of latecomer obligations.
13.08.170 County participation authorized.
13.08.180 Interpretation and consistency with state law.
13.08.010 Authority and purpose.
The director is authorized to enter into latecomer agreements with property owners of real estate
pursuant to Ehaptefchapter 35.91 RCW as now exists or is hereafter amended.This C—hapteFchapter
prescribes the regulations for exercise of this authority granted to the director.
The purpose of this Chaptwhapter is to provide for the prorated recovery of the costs of
installation for private, private and public, and public construction of PHUGA sewer system
improvements through a charge to later users of the PHUGA sewer system improvements who
benefit from the PHUGA sewer system improvements,but who did not previously contribute to
the costs of those PHUGA sewer system improvements.
13.08.020 Applicability.
This C4aptwha ter applies to PHUGA sewer system improvements,when the construction of the
PHUGA sewer system improvements is the result of county ordinances or regulations that require
these PHUGA sewer system improvements as a prerequisite to property development.
13.08.030 Application—contents and requirements.
(1) Any developer using private funds to construct PHUGA sewer system
improvements in the county may apply to the county for a latecomer agreement to recover a pro
rata share of the costs of construction from property owners that will later connect to or use the
PHUGA sewer system improvements made by the developer.
(2) An application for a latecomer agreement shall be made on forms developed by the
department,and shall be accompanied by the application fee,administrative fee and recording fee
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as set forth in the PHUGA sewer system fee schedule.The application shall contain,at a minimum,
the following information:
(a) A legal description of the developer's property;
(b) A legal description of the properties within the developer's proposed assessment
reimbursement area,together with the name and address of the property owner of each property as
shown in the records of the office of the assessor;
(c) Vicinity maps, stamped by a State of Washington licensed civil engineer or
surveyor,depicting the developer's property,the proposed PHUGA sewer system improvements,
and the proposed assessment reimbursement area;
(d) Statement from a contractor (as defined in JCC 13.02.030) or civil engineer
licensed by the State of Washington containing an itemized estimate of the total projected cost of
construction of PHUGA sewer system improvements.Activities that may be included in the cost
estimate are all costs solely associated with the design and construction of PHUGA sewer system
improvements for the development. This includes elements that the county requires as part of
installation of the PHUGA sewer system improvements, such as concrete panel replacements in
the roadway or Americans with Disabilities Act-compliant rumps and their companion ramps.
These elements may only be included in the total cost,however,if they would not otherwise be
required but for the installation of the PHUGA sewer system improvements;
(e) The developer's proposed allocation of the cost of construction to the individual
properties within the proposed assessment reimbursement area and the method used for such
allocation;
(f) The developer's agreement to provide sufficient security to the PHUGA system
utility and the county to ensure the installation of the PHUGA sewer system improvements and
other performance under the latecomer agreement,as required by RCW 35.91.120(1)(a)(v);and,
(g) The developer's agreement to reimburse the PHUGA system utility and the county
for all of the costs associated with the installation of the PHUGA sewer system improvements,
including but not limited to, engineering, legal, and administrative costs as required by RCW
35.91.120(1)(a)(vi).
(3) In addition to the latecomer application,the applicant shall apply for and obtain all
necessary and required permits required for construction of the PHUGA sewer system
improvements.The application shall meet all design standards and requirements applicable to the
PHUGA sewer system improvements contained in this PHUGA sewer utility code,the PHUGA
sewer manual,and the PHUGA sewer facility plan,as may be updated.
(4) The application for the latecomer agreement shall be made before the PHUGA
sewer system improvements proposed for construction are approved by the director though the
issuance of a right-of-way use or any permit under this PHUGA sewer utility code.Acceptance by
the director shall mean,for the purposes of this section,the date the public facilities are conveyed
to the county by a deed of conveyance or other equivalent written document.
(5) Within 30 days of receipt of the application for a latecomer agreement, the
department shall provide the developer with written notice of whether the application is complete
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and,if incomplete,what must be done for the application to be considered complete.The developer
shall respond in writing to a notice of incompleteness within 30 days and provide the information
required to complete the application;or,if the developer cannot submit the required information
within the 30-day period,the developer shall provide the department with a written explanation
and suggest a date within 60 days that the requested information will be submitted. In its sole
discretion, the director may grant an application for an extension of not more than 60 days to
submit the required information. If the developer fails to meet the foregoing time frame, the
director may,in their discretion,reject the application as untimely.
(6) The director may impose a minimum project size limit and a minimum cost
threshold,among other criteria to establish eligibility of a developer to apply for a reimbursement
agreement.The determination of the director shall be final.
(7) A latecomer agreement application shall not include improvement of a developer's
abutting right-of-way.
(8) The director only may approve the application after determining that the PHUGA
sewer system has the capability and capacity to service the proposed PHUGA sewer system
improvements and development,in the sole discretion of the director.
13.08.040 Review and approval of application for PHUGA sewer system improvements.
(1) The director shall review all and approve the application for the PHUGA sewer
system improvements if all the following criteria are met:
(a) The application is for PHUGA sewer system improvements, as defined in JCC
13.02.160;
(b) The application is timely,complete and the application fee and administrative fee
has been paid;
(c) The proposed PHUGA sewer system improvements are required by applicable
federal,state,or local law to be constructed as a prerequisite to further property development;and,
(d) The proposed PHUGA sewer system improvements are consistent with this
PHUGA sewer utility code,the PHUGA sewer manual,development and building regulations,the
comprehensive plan,and the PHUGA sewer facility plan,as updated.
(2) If any of the above criteria are not met,the director shall either condition approval
as necessary in order for the application to conform to such criteria or deny the application.The
final determination of the director shall be in writing.
13.08.050 Preliminary determination.
Upon approval of a latecomer application,the department shall formulate a preliminary assessment
reimbursement area and preliminary assessment amount for each real property included in the
preliminary assessment reimbursement area as follows:
(1) The assessment reimbursement area shall be formulated based upon a
determination of which parcels in the proposed area would require similar PHUGA sewer system
66
improvements upon development or redevelopment or would be allowed to connect to or use the
PHUGA sewer system.
(2) A pro rata share of the cost of the PHUGA sewer system improvements shall be
allocated to each property included in the assessment reimbursement area based upon the benefit
to the property owner.The method or methods used to calculate the allocation of the assessment
may be either front footage, number of units, square footage, zone termini method, or other
equitable method,as determined by the director.
13.08.060 Preliminary determination notice.
(1) The director shall determine the assessment for parcels within the assessment
reimbursement area by calculating the pro rata share of the cost of construction for each property
which might be served by the PHUGA sewer system,and thus within the benefit area.
(2) The preliminary assessment reimbursement area and the preliminary assessment
amounts formulated by the department shall be sent by certified mail to the developer and the
property owners of record within the preliminary assessment reimbursement area.The notice shall
contain:
(a) The assessment reimbursement area boundaries;
(b) The preliminary assessments;and,
(c) A description of the property owner's rights and options under this Chapterchapter•
including the right to request a public hearing before the hearing examiner with respect to inclusion
within the area boundaries and assessments.
(3) Within 20 days of the mailing of the preliminary determination,the developer or
any property owner within the preliminary assessment reimbursement area may request in writing
that a hearing be held before the hearing examiner pursuant to C4aptffchapter 13.09 JCC to contest
the preliminary assessment reimbursement area or the preliminary assessment amounts,or both.
(4) Notice of the hearing shall be given to the developer and all property owners within
the preliminary assessment reimbursement area.The hearing before the hearing examiner shall be
conducted as soon as reasonably practical subject to Ehapterchapter 2.30 JCC and the Hearing
Examiner Rules of Procedure as adopted currently enacted or as later amended.
(5) The hearing examiner shall conduct a public hearing and make a recommendation
to the board of county commissioners.The report shall include findings of fact and conclusions of
law,and the hearing examiner shall include with the recommendation a complete record of the
proceedings.
(6) After considering the record the hearing examiner's report, and public comment
thereon, if any, the board of county commissioners may adopt, modify, or reject the hearing
examiner's recommendations in whole or in part or it may render its own findings and conclusions.
(7) The board of county commissioners determination of the assessment
reimbursement area and the assessment shall be determinative and final.In the event no written
request for a hearing is received within the allotted time,the determination of the department shall
be final.
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13.08.070 Latecomer agreement.
Based upon the final determination of the preliminary assessment reimbursement area and the
preliminary assessment as specified in JCC 13.08.060(7),the department shall prepare a latecomer
agreement, which shall be consistent with the requirements of this GhapteFchapter and RCW
35.91.120.
13.08.080 Execution,notice,and recording.
(1) The completed latecomer agreement shall be mailed to the developer by certified
mail.The developer shall be sign and notarize the latecomer agreement and return an original copy
to the department.If the latecomer agreement is not executed and returned to the department within
60 days of the date it was mailed to the developer,the latecomer agreement will become null and
void.The director may consider an extension of this period by a showing of hardship or excusable
neglect on the part of the developer.
(2) The director shall file the fully executed latecomer agreement in the official
property records of Jefferson County, Washington, within 30 days of final execution of the
latecomer agreement;provided,that the developer shall have an independent duty to review the
Jefferson County auditor's records to confirm that the latecomer agreement has been properly and
timely recorded.The reimbursement agreement and the survey of record reflecting the assessment
reimbursement area or benefit area shall be recorded with the county auditor and shall include a
listing of all parcels(by tax number)or portions of parcels that are within it.The developer shall
bear all costs of recording.
(3) No latecomer agreement shall be effective as to any property owner who is not a
party to the latecomer agreement unless the latecomer agreement has been recorded with the
Jefferson County auditor.Recording of the latecomer agreement shall occur prior to connection to
the PHUGA sewer system.
(4) Once the latecomer agreement and notice are recorded and mailed,the latecomer
agreement and assessment shall be binding on all property owners of record within the assessment
reimbursement area.
13.08.090 Construction—final costs and conveyance.
(1) After the latecomer agreement has been signed by all parties and all necessary
permits and approvals have been obtained,including but not limited to a right-of-way use permit,
pretreatment permit, sewer connection permit,the developer shall construct the PHUGA sewer
system improvements and, upon completion, request final inspection and acceptance of the
PHUGA sewer system improvements by the department subject to any required obligation to repair
defects.
(2) Within 120 days of completion of construction, the developer shall provide the
department with documentation of the actual costs of the PHUGA sewer system improvements
and a certification that all of the costs have been paid.The final cost of the PHUGA sewer system
improvements shall be reviewed against the preliminary assessments established by the director.
Upon a showing of good cause,the agreement shall be modified to include cost overruns up to a
maximum of 10 percent. In the event the actual costs are less than the director's estimate by 10
percent or more,the director shall recalculate the charges and reduce them accordingly.For any
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revisions of costs under this section,the director shall cause a revised list of charges to be recorded
with the Jefferson County auditor,with a notice to title on each property within the assessment
reimbursement area.
(3) After the requirements of subsections(1)and(2)of this section have been satisfied,
the developer shall provide the director with an appropriate deed of conveyance or other equivalent
written document transferring ownership of the PHUGA sewer system improvements to the
county,together with any sewer easements necessary to ensure the county's right of access for
maintenance of the PHUGA sewer system improvements.Titletitle to the PHUGA sewer system
improvements shall be conveyed to the county free of all encumbrances.
(4) No connection to,or other use of,the PHUGA sewer system improvements will be
permitted until the county has officially accepted the construction and title to the PHUGA sewer
system improvements has been conveyed to the county.
(5) All construction,inspection and testing shall conform to the PHUGA sewer manual
and this C4apterchapter.
13.08.100 Defective work.
The developer shall be responsible financially for all work by the developer found to be defective
within one year after the date of acceptance of the PHUGA sewer system improvements by the
county.
13.08.110 Payment of latecomer assessments—remittance to developer.
(1) Upon recording,the latecomer agreement and assessment shall be binding upon all
properties located within the assessment reimbursement area.Assessments shall be paid to the
county in one lump sum,including interest through the date of payment,as follows:
(a) Assessments for PHUGA sewer system improvements shall be paid prior to
issuance of the first applicable permit which authorizes connection to or use of the PHUGA
sewer system improvements. If a benefitting parcel subdivides, consolidates, or otherwise
adjusts its lot boundary, the pro rata share encumbrance will still apply to the entire parent
parcel.The first connection from the parent parcel that triggers the reimbursement payment will
be required to pay the full pro rata share.
(b) The developer shall pay an administrative fee for processing latecomer assessments
as specified in the PHUGA sewer system fee schedule.
(2) The county shall remit the amounts due to the developer within 60 days of receipt.
(3) When the assessment for PHUGA sewer system improvements and all latecomer
agreement charges required by JCC 13.08.150 have been paid in full,the director shall record
a certification of payment that will release the property from the latecomer agreement.
(4) The latecomer agreement charges required by JCC 13.08.150 shall be in addition
to all other charges,including connection charges,system development charges,and any other
charges which must be paid by person applying for connection to the PHUGA sewer system.
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13.08.120 Segregation.
The department shall, upon the application of any property owner within the assessment
reimbursement area, segregate the assessment. The application shall be on a form developed by
the department. The segregation shall be based upon the same factors applied when the
assessments were originally established. The property owner seeking segregation of the
assessment shall pay the segregation charge and recording fees as listed in PHUGA sewer system
fee schedule.
13.08.130 Term of latecomer agreements.
(1) Each latecomer agreement shall provide for reimbursement for a period no longer
than 20 years from the date of its recording,unless earlier terminated as provided in subsection(2)
of this section. The latecomer agreement may provide for extensions as specified in RCW
35.91.020(4).
(2) The county may terminate a latecomer agreement if the developer fails to
commence or complete construction within the time and manner required in the right-of-way use
permit or sewer connection permit for the PHUGA sewer system improvements. In the event of
termination,the director shall record a release of latecomer agreement in the Jefferson County
auditor's office.
13.08.140 Latecomer agreement charges.
(1) The developer shall pay the following charges:
(a) Application Fee.The developer shall be responsible for payment of the application
fee as set forth in the PHUGA sewer system fee schedule for each latecomer agreement. The
application shall be on a form developed by the department;
(b) Administrative Fee. The department may charge a fee for administering the
latecomer process equal to one percent of the estimated cost of construction;
(c) Recording Fee. For every separate parcel or property within the developer's
proposed assessment reimbursement area, the county shall charge the most current Jefferson
County auditor's recording fees per parcel;
(d) Cost of Security.The cost of sufficient security to the PHUGA system utility and
the county to ensure the installation of the PHUGA sewer system improvements and other
performance under the latecomer agreement,as required by RCW 35.91.120(1)(a)(v);and,
(e) All Costs of installation. All of the costs associated with the installation of the
PHUGA sewer system improvements, including but not limited to, engineering, legal, and
administrative costs as required by RCW 35.91.120(1)(a)(vi).
(2) The application fee shall be paid upon application for a latecomer agreement.All
remaining latecomer agreement charges shall be paid prior to,and as condition of,the mailing of
the preliminary determination notices.
13.08.150 Appeal.
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(1) With the exception of the determination of the preliminary assessment
reimbursement area and preliminary assessment as provided by JCC 13.08.060, a developer or
property owner of a property located within the assessment reimbursement area may appeal the
interpretation, implementation, or decisions of the director concerning administration of this
C—hapteFchapter to the hearing examiner as provided in this section and Cfiaptefchanter 13.09 JCC.
The appeal must be filed within 20 days of the date of the action or decision being appealed,
include a statement of claimed errors concerning the proposed assessment,and be accompanied
by an appeal fee as set forth in the PHUGA sewer system fee schedule.Errors which are not set
forth in writing and which do not adhere to the criteria listed below will not be considered. The
appeal must conform to all requirements of Chapterchapter 2.30 JCC and the Hearing Examiner
Rules of Procedure as adopted.
(2) Appeal Criteria. Objections by a benefiting property owner to the recording of a
potential assessment against their property does not constitute a valid appeal.Errors identified in
an appeal must be related to cost,methodology for cost distribution,or benefit to the property as
described below:
(a) Cost. If the benefiting property owner contests these costs, they must provide a
basis for the claim discrepancy,such as an estimate from a contractor or other reliable source.
(b) Cost Methodology.If the benefiting property owner contests the cost methodology
used,they have to show why it is not equitable and provide their suggested alternate method of
assessment and the justification for its use in place of the method recommended by the director.
(c) Benefit. If a benefiting property owner contests benefit, they must provide a
statement or documentation on why a particular parcel has no future potential benefit.
13.08.160 Enforcement of latecomer obligations.
(1) In processing and imposing obligations in this 0%ptwr hapter for reimbursement
of developers, the county in no way guarantees payment of assessments by latecomers,
enforceability of assessments,or enforceability of the latecomer agreement or the accuracy of the
amount(s)thereof against such persons or property.Nor will the offices or finances of the county
be used for enforcement or collection of latecomer obligations beyond those duties specifically
undertaken by the county herein.The PHUGA sewer utility and the county shall not be responsible
for locating any beneficiary or survivor entitled to any benefits by or through a latecomer
agreement.
(2) Every two years from the date the latecomer agreement is executed, a developer
entitled to reimbursement under this Chapterchapter shall provide the department with information
regarding the current contact name, address,and telephone number of the person, company,or
partnership that originally entered into the latecomer agreement.If the developer fails to comply
with the notification requirements of this subsection within 60 days of the specified time,then the
department may collect any reimbursement funds owed to the developer under the latecomer
agreement.Those funds shall be deposited in a sewer utility capital fund.
13.08.170 County participation authorized.
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(1) The county may participate in financing a PHUGA sewer system improvement
project authorized,improved,or constructed in accordance with this E. chapter as authorized
under RCW 35.91.020 and shall have the right of reimbursement as described therein.
(2) The county on its own initiative may solely perform PHUGA sewer system
improvement projects authorized,improved,or constructed in accordance with this Chapwfchapter
as authorized under RCW 35.91.060 and shall have the right to reimbursement as described
therein.In such situations,the county shall take action by ordinance to establish the reimbursement
area and reimbursement allocations.
13.08.180 Interpretation and consistency with state law.
This Chapkwchapter shall be interpreted according to its terms;provided,that if an inconsistency
between this C—haptffchapter and state law arises, this CNg4 chapter shall be interpreted in a
manner consistent with Chapterchapter 35.91 RCW.
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Chapter 13.09 APPEALS
Sections:
13.09.010 Applicability.
13.09.015 Appeal procedures in this Qmptwhapter to be supplemented by T 14a title 19 JCC.
13.09.020 Appeal and administrative hearing officer.
13.09.030 Service of administrative hearing notice.
13.09.040 Administrative hearing procedure.
13.09.050 Administrative hearing decision.
13.09.060 Issuance of administrative hearing decision.
13.09.070 Appeal to the hearing examiner.
13.09.080 Hearing examiner appeal procedure,decision,payment of costs,and judicial review.
13.09.090 Final decision.
13.09.010 Applicability.
(1) Except as limited in this section, this Chapterchapter shall apply to any appeal
permitted under this PHUGA sewer utility code,including but not limited to:
(a) Equivalent residential unit("ERU")determinations for monthly user charges and
system development charges("SDC")made pursuant to JCC 13.05.040(2)(c);and,
(b) Appeals permitted pursuant to Owpwchapter 13.07 JCC.
(2) This Ghaptwchanter does not apply to any other appeal that could be brought
pursuant to T4detitle 19 JCC,including,but not limited to civil code violations as defined in JCC
19.10.01504)or nuisances as defined under JCC 19.10.015(36),a determination that an on-site
sewage system is failing,or the existence of sewage on the ground.
(3) This Ghaptmhaoter does not apply to any determination made by the department
of public health concerning denial or issuance of a permit for on-site sewage systems,including
appeal of the denial of a repair or replacement of an on-site sewage system due to the availability
of a public sewer system pursuant to JCC 13.04.070(2)or JCC 13.11.030(3)(b).
(4) This C—hapterchapter does not apply to any appeal of a preliminary notice of an
assessment reimbursement area or preliminary assessment pursuant to GhapweF hapter 13.08 JCC,
which shall be conducted in accordance with JCC 13.08.060.
13.09.015 .appeal procedures in this Chapter to be supplemented by Tlitletitle 19 JCC.
The appeal procedures set out in JCC 13.09.020 through JCC 13.09.090 are intended to replicate
the appeal procedures set out in Chapterchapter 19.35 JCC. Should there be omissions in the
procedure set out in this C4apwchapter that have been addressed in s hapwchaoter 19.35 JCC,
the provisions of G%pwchVter 19.35 JCC shall apply.
13.09.020 Appeal and administrative hearing officer.
(1) Any aggrieved person may appeal any decision identified in JCC 13.09.010(1)
within 15 days of mailing. The notice of appeal shall request an appeal hearing and specify the
grounds for the appeal,including the alleged errors.
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(2) An administrative hearing on the appeal will be conducted by an administrative
hearing officer,who shall be the health officer or a disinterested director,or their designee.
13.09.030 Service of administrative hearing notice.
(1) The notice of the administrative hearing shall be on a form developed by the
department and shall contain the date,time,and location of the administrative hearing,a copy of
the administrative hearing officer's decision, and the name and telephone number of the
administrative hearing officer.
(2) The notice of the administrative hearing shall be served on the aggrieved person by
mailing a copy to their last known mailing address.
(3) The person effectuating the service shall sign a declaration under oath pursuant to
Chapterchapter 5.50 RCW with the date and address that the personal service or mailing was made.
Service by mail shall be deemed effective upon the third business day following the day of mailing.
13.09.040 Administrative hearing procedure.
(1) The administrative hearing officer shall conduct a hearing pursuant to shall occur
in accordance with this section.
(2) There shall be no filing fee for an administrative hearing, nor shall any cost
associated with the administrative hearing be assigned to the aggrieved person,regardless of the
outcome of the hearing.This subsection does not limit the authority of the administrative hearing
officer to affirm or assign monetary penalties or costs, excluding the cost of conducting the
administrative hearing.
(3) The administrative hearing shall be conducted within 45 days of the request for the
administrative hearing,unless the aggrieved person agrees to an extension.
(4) The department shall prove by a preponderance of the evidence that the decision
was made in accordance with the requirements of this PHUGA sewer utility code.The department
shall have the burden of proving by a preponderance of the evidence that the decision was made
in accordance with the requirements of this PHUGA sewer utility code.Formal rules of evidence
shall not apply to the administrative hearing.
(5) The department shall develop a departmental report explaining the decision and
how the decision is in accordance with this PHUGA sewer utility code.
(6) Administrative hearings shall be informal. The administrative hearing shall be
conducted on the record and shall allow for testimony from department staff,the aggrieved person
and any witnesses called by the department staff or the aggrieved person.The department staff or
the aggrieved person may submit evidence for consideration by the administrative hearing officer.
An administrative hearing shall not allow public testimony,written or oral.
(7) Failure to appear. If the aggrieved person fails to appear at the scheduled hearing
or present a written statement in time for consideration at the hearing,the administrative hearing
officer shall enter an order of default with findings.The department may enforce the administrative
hearing officer's decision and recover any related expenses.A copy of the order of default shall
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be mailed to the aggrieved person and against whom the default order was entered and to the
department.
13.09.050 Administrative hearing decision.
Within 15 days after the conclusion of the administrative hearing, the administrative hearing
officer shall issue a decision that shall comply with the following requirements:
(1) The administrative hearing officer shall:
(a) Affirm the director's decision;
(b) Dismiss the director's decision;or,
(c) Modify the director's decision.
(2) The administrative hearing officer shall make findings and conclusions of law
supporting the decision,and include information describing how the decision may be appealed;
and,
(3) A copy of the administrative hearing officer's decision shall be mailed to the
aggrieved person and the department.
13.09.060 Issuance of administrative hearing decision.
The administrative hearing officer shall issue a decision within 15 days of the administrative
hearing, unless the administrative hearing officer determines that more time is necessary. The
decision shall be mailed by first class and certified mail,or hand-delivered to the aggrieved person.
The decision shall become the final agency decision,if it is not timely appealed pursuant to JCC
13.09.070.
13.09.070 Appeal to the hearing examiner.
The aggrieved person may appeal the decision of the administrative hearing officer to the Jefferson
County hearing examiner within 15 days of mailing the administrative hearing officer's decision.
A$750.00 filing fee is required to file an appeal with the hearing examiner.This fee may be waived
for an indigent appellant upon application to the director on forms developed by the department.
An appeal to hearing examiner must be filed with the office of the hearing examiner, which is
housed within the county administrator's office.
13.09.080 Hearing examiner appeal procedure,decision,payment of costs,and judicial
review.
(1) The notice of appeal shall contain:
(a) Full name of the appellant;
(b) Mailing address and email address(if available)of appellant;
(c) A copy of the administrative hearing officer decision and the original director's
decision;
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(d) A concise statement of the factual and legal basis for the appeal citing specifically
the alleged errors in the administrative hearing officer decision;and,
(e) The specific relief sought.
(2) Payment of appeal fees or a request for waiver of fees pursuant to JCC 13.09.070
must be submitted concurrently with filing.
(3) An appeal will not be accepted if it is not accompanied by the full payment of appeal
fees or an approved waiver of fees pursuant to JCC 13.09.070.
(4) A hearing on a hearing examiner appeal shall be conducted within 60 days of the
later of a notice of appeal or the date of approval of a waiver of fees pursuant to JCC 13.09.070,
unless the aggrieved person agrees to an extension.
(4) The hearing examiner appeal shall occur in accordance with this PHUGA sewer
utility code and shall be conducted in accordance with the Ghaptwhapter 2.30 JCC and the
Hearing Examiner Rules of Procedure as adopted.The department shall have the burden of proving
by a preponderance of the evidence that the decision was made in accordance with the
requirements of this PHUGA sewer utility code. Formal rules of evidence shall not apply to
hearings before the hearing examiner.
(5) Staff shall develop a departmental report explaining the director's decision and how
it is in accordance with this PHUGA sewer utility code.
(6) The administrative hearing shall be conducted on the record and shall allow for
testimony from department staff or the aggrieved person and any witnesses called by the
department or the aggrieved person.The department or the aggrieved person may submit evidence
for consideration by the examiner. Hearing examiner appeals shall not allow public testimony,
written or oral.
(7) Hearing examiner decision.
(a) At the conclusion of the hearing, the examiner shall either: (i) affirm the
administrative hearing officer's decision;(ii)dismiss the administrative hearing officer's decision;
or,(iii)modify the administrative hearing officer's decision.
(b) The examiner shall make findings and conclusions of law supporting their decision,
consistent with GhapWrchapter 2.30 JCC and the Hearing Examiner Rules of Procedure as adopted.
(c) A copy of the examiner's decision shall be mailed to the aggrieved person,and the
department.
(8) Failure to appear.If the aggrieved person fails to appear at the scheduled hearing
examiner appeal or present a written statement in time for consideration at the hearing, the
examiner shall enter an order of default with findings and assess appropriate costs and expenses to
the aggrieved person. The director may enforce the examiner's decision and recover all related
expenses,including attorney's fees and staff time,plus the costs of the hearing from the aggrieved
person.A copy of the order of default shall be mailed to the aggrieved person against whom the
default order was entered,and to the department.
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(9) Costs. If the aggrieved person substantially prevails before the hearing examiner,
meaning the examiner either dismisses the administrative hearing officer's decision or
substantially modifies the administrative hearing officer's decision, then the hearing examiner
filing fee shall be refunded and no costs for the hearing examiner appeal shall be assigned to the
aggrieved person. If the person responsible does not substantially prevail at the hearing, the
examiner may assign all hearing and related costs to the aggrieved person including attorney's fees
and staff time. This subsection does not limit the authority of the examiner to affirm or assign
monetary penalties or costs associated with a code compliance case.
(10) Judicial review. A final decision by the hearing examiner shall be final and
conclusive, unless proceedings for review of the decision are properly commenced in superior
court within the time period specified by state law.
13.09.090 Final decision.
(1) If the director's decision is not timely appealed within 15 days of mailing the
decision,then the director's decision shall be a final decision.
(2) If the decision of the administrative hearing officer is not appealed to the hearing
examiner within 15 days of mailing the decision then the decision of the administrative hearing
officer shall become a final agency decision and order.
(3) A final decision by the hearing examiner shall be final and conclusive, unless
proceedings for review of the decision are properly commenced in superior court within the time
period specified by state law.
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APPENDIX B
Miscellaneous Amendments to the Jefferson County Code
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Section 2.30.080 of the Jefferson County Code, last amended by Ordinance 12-1028-19 on
October 28,2019, is amended to read:
JCC 2.30.080 Examiner-Power and duties.
(1) The examiner shall have the power to appoint deputy examiners, subject to
confirmation by the board of county commissioners. The deputy examiners shall assist the
examiner in the performance of the duties conferred upon the examiner and shall have all the
powers and duties of the examiner.
(2) The examiner shall receive and examine available relevant evidence, conduct
hearings,cause preparation of the official record,prepare and enter findings of fact and conclusions
of law,and issue final decisions for:
(a) Land Use Hearings.
(i) Type III land use decisions pursuant to QiapteFchapter 18.40 JCC;
(ii) Appeals of Type II land use decisions pursuant to G4apteKhapter 18.40 JCC;
(iii) Appeals of administrative interpretations made pursuant to Article VI of
Cha 4mliapter 18.40 JCC;
(iv) Appeal of a SEPA threshold determination made pursuant to Article X of
C-hepterchWter 18.40 JCC,except for determinations of significance;
(v) Hearings to suspend,revoke,or modify an issued examiner's decision,approval,or
permit for land use matters under JCC 18.40.325;and,
(vi) Any other land use hearing not prohibited by law assigned by the board of county
commissioners through an ordinance.
(b) Non-Land-Use Hearings.
(i) Operating permits for a new commercial shooting facility under Article III of
ChapW._chapter 8.50 JCC(Commercial Shooting Facilities);
(ii) Appeal of an administrative decision regarding operating permits for existing
commercial shooting facilities under Article III of Chapter-chapter 8.50 JCC (Commercial
Shooting Facilities);
(iii) Administrative appeals under Chapter-chapter 19.40 JCC (Hearing Examiner
Appeals for Nuisances);
(iv) Hearings for vehicle nuisances under C4apter-chWter 19.25 JCC (Vehicle and
Public Right-of-Way Nuisances);
(v) Appeal of an administrative decision regarding sexually oriented business licenses
under Chaptenhapter 5.10 JCC (Licensing and Operation of Sexually Oriented Business
Facilities);
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Ivi) Anneals assigned to the heariniz examiner under the PHUGA Sewer Utility Code -- Formatted:Underline
(Ch eL s hgRters-13.01-13.09 JCQ; -__-_---- Formatted:Underline
(vii) Hearings to suspend,revoke,or modify an issued examiner's decision,approval,or t Formatted:Underline
permit for non-land-use matters under JCC 2.30.140;and,
(viii) Any other non-land-use proceeding not prohibited by law assigned by the board of
county commissioners through an ordinance.
(3) The examiner shall receive and examine available relevant information,including
environmental documents,conduct hearings,cause preparation of the official record,prepare and
enter findings of fact and conclusions of law,and issue recommendations to the board of county
commissioners for road vacations under Chaptercha ter 12.10 JCC(non-land-use hearing).
(4) Subpoena Authority. The examiner shall have the authority to issue subpoenas
compelling the appearance of witnesses,the production of documents or other physical evidence,
and the inspection of physical evidence.
Section 19.10.010 of the Jefferson County Code, last amended by Ordinance 09-1210-20 on
December 22,2020, is amended to read:
JCC 19.10.010 Applicability.
This Tlidetitle shall apply to enforcement actions under the following statutes, regulations,
ordinances,or health officer directive,or health officer order(s)as they now exist,or as they may
hereafter be amended:
(1) Title 8 JCC,any statute,regulation,or ordinance listed in JCC 8.01.030.except:
(a) Suspension or revocation for any permit, license, or certificate listed in JCC
8.01.030;
(b) Stop work orders for any permit listed in JCC 8.01.030;and,
(c) Notice to vacate issued under JCC 8.10.950.
(2) X-C—Title l2XhapteF JCC,chapter 12.05 JCC,Approaches to County Roads.
3 3EECha lets 13.01-13.09 JCC PHUGA Sewer Utili Code. Formatted:Underline
(4) JCC—Title I S;��apteF JCC,chapter 15.05 JCC,Building Codes. Formatted:Underline
Formatted:Underline
(5) JC-C—Title l5—,GhapteF JCC,chapter 15.15 JCC,Flood Damage Prevention.
(6}3EE Title 17;JCC Master Planned Resorts—All C—hapteFschaoters.
(7)-_Title 18 JCC,Unified Development Code—All EhspteFschapters.
(8)Any other statutes, regulations, ordinances,health officer directive, or health officer
order(s)defined as a civil code violation pursuant to JCC 19.10.015(14).
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