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Home My WebLink About66-1118-24R STATE OF WASHINGTON County of Jefferson A Resolution Adopting a Sewer Fee Schedule for the Port Hadlock Urban Growth Area RESOLUTION NO. 66-1118-24R 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. 1 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) 2 APPROVED and ADOPTED this �, day of Weill Ler , 2024. JEFFERSON COUNTY BOARD OF COMMISSIONERS Kate can g Brotherton, Member o` OFF ••• c `Hei i Isenhour, Member r ) .•OMMISS'•• O 0' SEAL: o /oZ�a=? O• ff` '' p��.' rl'ASHING ATTEST: a 4 P w« /F/zi Carol Gallaway J Date Clerk of the Board Approved as to form only: Philip C. Hunsu ker Date Chief Civil Deputy Prosecuting Attorney 3 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 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 4 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 Charges Nonresidential ERU Multiplier for Base Rate Monthly Rate Customer Class All non-residential Additional high strength waste Additional high strength customers charges may apply waste charges 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 4,000 gallons or more per month 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 mg/L to 500 mg/L To be determined two years after startup 5 Table 5-1 —Additional High-Strength Wastewater Charges Per Each Component Listed Below BOD at 501 mg/L to 900 mg/L To be determined two years after startup BOD at greater than 900 mg/L $0.0125 per gallon TSS at 301 mg/L to 500 mg/L To be determined two years after startup TSS at 501 mg/L to 900 mg/L To be determined two years after startup TSS at greater than 900 mg/L $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, 6 (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= (VfNc)(0.2 +0.4 BODf/BODc+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. 7 (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 PHUGA sewer system are planned as shown in Table 6-1,below. Table 6-1 —System Development 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. 8 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/I, including all food service establishments ("FSE"), food 9 Table 7-1 —Other Charges Listed in JCC 13.05.080 Charge Type Description Charge Per Permit, Service or Assessment manufacture and processors ("FMP") 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 RCW 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 10 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; 11 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 property owner '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. 12 November 18, 2024 Regular Agenda 2:00 PM JEFFERSON COUNTY BOARD OF COUNTY COMMISSIONERS AGENDA REQUEST TO: Board of County Commissioners FROM: Monte Reinders,Public Works Director/County Engineer DATE: November 18,2024 SUBJECT: Public Hearing on the proposed Jefferson County Code Title 13 Sewer Utility Code On November 4, 2024 Public Works requested 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 notice was approved and published, and the subject of the November 18 hearing is the proposed ordinance for the Jefferson County Code (JCC) Chapter 13 Sewer Utility Code and the proposed resolution Appendix 1 Port Hadlock Urban Growth Area(PHUGA) Sewer System Fee Schedule. These documents, which upon adoption would go into effect immediately, have been available for review in the Laserfiche folder referenced in the hearing notice approved on November 4. 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 must 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). 1 November 18, 2024 Regular Agenda 2:00 PM 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.110 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: Public Works recommends to approve the adoption of Jefferson County Code Title 13 Sewer Utility Code and Appendix 1 Sewer Utility Fee Schedule. REVIEWED BY: ////j/2,1 Mark McCauley, Ail ty Administrator Date 2