ORDINANCE NO. 245

AN ORDINANCE OF THE TOWN OF SOUTH PRAIRIE, PIERCE COUNTY, WASHINGTON PROVIDING FOR THE CONSTRUCTION, OPERATION, MAINTENANCE,
IMPROVEMENTS
AND RECONSTRUCTION OF A SEWER SYSTEM, PROVIDING FOR CHARGES,   CONNECTION FEES, REGULATING USE AND PROVIDING PENALTIES FOR VIOLATIONS.

Whereas, the Town of South Prairie has received funds from Farmers Home Administration and the Environmental Protection Agency, and

Whereas, the Town is in the process of constructing the sewer system and a sewer system ordinance is necessary for the protection of the health, safety and welfare of the citizens and to provide for an effective and efficient operation of the system, and

 

Whereas, the system installed is similar to a system that has been installed in the City of Elkton, Oregon in their Ordinance #100 and an ordinance from a city in Washington are used as references, and

 

Whereas, this ordinance does not have any adverse environmental consequences and is necessary to protect the environment, and

 

Whereas, this ordinance does not effect the existing comprehensive plan, however the new comprehensive plan being developed under state mandate will be integrated with this ordinance.

 

Now, therefore, the Town of South Prairie, Pierce County, Washington do ordain as follows:

Section 1: Purpose: This ordinance is necessary to protect the health, safety and welfare of the Town and its citizens and is necessary to protect the environment and acknowledges that a sewer system is necessary and must be maintained.

Section 2: Connections Required: All property owners within the Town are required to connect the outfall of their sanitary sewer system with the sewer system of the Town. It is unlawful to maintain any private sewage disposal system within the area serviced by the Town's sewer system. When the plant is at capacity, as determined by the Department of Ecology, based on reports submitted by the WWTP Operator hired by the Town, all new installations must be designed and constructed in accordance with the acceptable practices.

Section_3: Permit Required: To connect to Town's sewer system, a permit is necessary. A permit shall be completed by the property owner on that form prescribed by the Town.

Section 4: Connections Time: All property owners within the area served by the Town sewer system must obtain permits and must make the

connection within ninety (90) days of the completion of the sewer system. Any new construction requires connection to the Town sewer system prior to occupying construction.

 

Section 5: Permit Fees: Upon completion of the Town sewer system, property owners making a connection within thirty (30) days from the date of completion of the system shall be allowed to connect at no charge. Those property owners making the connection after thirty (30) days but before maximum time allowed of ninety (90) days shall be charged in accordance with the Town's fee, resolution. All future connections to the Town's sewer system shall be charged in accordance with the Town's fee resolution.

 

Section 6: Abandonment of Existing Septic Tanks: Upon connection to the Town sewer system, all private septic tanks and sewer disposal systems shall be abandoned. All septic tanks and sewer disposal systems shall be pumped and filled. The property owner shall not utilize the abandoned septic tank or sewer disposal system for disposal of sewer after the connection to the Town sewer system.

 

Section 7: Stormwater: No stormwater shall be allowed to enter the Town sewer system. A property owner shall be required to disconnect and/or repair any part of the sewer system which allows the entry of stormwater.

 

Section 8: Duty to Maintain: It shall be unlawful to plant any vegetation which roots are likely to obstruct the sewer system which includes such vegetation, but not limited to, the following: poplar, cottonwood, soft maple, willow. The Town shall be authorized to remove any vegetation which may obstruct the Town sewer system after first giving the property owners ten (10) days notice to allow the property owner to remove such vegetation. In the event the Town removes such vegetation, the Town shall be authorized to collect from the property owner, upon whose property the vegetation existed, the costs of such removal, which costs will be added to the monthly billing charge. The Town may, at its option, place a lien against the property for such costs and may, at its option, foreclose such lien.

 

Section 9: Authority to Enter Property: Employees or agents of the Town, or of the Pierce County Health Department, shall be permitted to enter upon property for the purposes of inspecting, observing, measuring, sampling, removing obstructions and/or testing.

 

Section 10: Licensed Contractors: All connections made to the Town sewer system, or any alteration of a connection, shall be done by a person, firm or corporation holding a valid State of Washington contractor's license.

 

Section 11: Illegal Discharge into Sewer System: No person shall discharge the following into the Town sewer system:

1.     Storm water

2.            Cooling water

 

3.            Industrial process waters

 

4.            Any liquid or vapor having a temperature higher than 200 degrees Fahrenheit.

 

5.            Any petroleum product.

 

6.            Any flammable or explosive liquid or product.

 

7.            Any waste which may contain more than 100 parts per 1,000,000 after exiting the property owner's holding and/or septic tank.

 

8.            Any materials having a PH lower than 5.5 or higher than 9.0.

 

9.            Any materials which have corrosive properties capable of causing damage or hazards to structures, equipment and personnel.

 

10.       Any waste containing a toxic or poisonous substance or waste which may create any hazard in the receiving waters of the sewer treatment plant.

 

11.       Any noxious gas or substance capable of creating a public nuisance.

 

12.       Grease traps will be required at all restaurant or other grease generating businesses.

 

13.       Oil separators will be required at all gas stations and auto repair facilities.

 

Section 12: Inspection Port: If requested by the Town, a property owner shall install a suitable control manhole or inspection access at a location requested by the Town for purposes of observing, sampling and/or measuring the waste.

 

Section 13: Construction Materials: All materials utilized in the sewer system including that part under the ownership of the property owner shall be equal to or better quality than the material used in the construction of the sewer system and as updated by the State Building Codes.

 

Section 14: Ownership System: Upon completion of the hookup to the sewer system, all materials from the septic tank, including the septic tank, shall be the property of the Town sewer system. The Town sewer system shall be responsible for septic tank pumping. During the initial construction of the sewer system it shall be the property owner's responsibility to connect between the house and the septic tank. After completion of the sewer system, and for new construction, it shall be the property owner's responsibility to install and connect to the Town sewer system.

Ordinance No.: 245

Draft No.: 2

Draft Date: April 20, 1992 Ordinance Requested by: Page3

 


Section 15: Monthly Charges: The Town may combine water utility and sewer utility and any other utility, at its discretion, in one billing sent to the property owner. The failure to pay any part of the utility bill shall be deemed to be a failure to pay all of the utility bill, and may, at the discretion of the Town, result in the termination of any or all of the utilities.

 

Section 16: Monthly Rates: The rates charged for the sewer utility shall be as established by the Town's fee resolution.

 

Section 17: Severability: If any provision of this ordinance, or any ordinance modified by it, or the provisions of the resolution referred to, are held to be unenforceable or invalid for any reason, the remaining provisions of this ordinance, any ordinance modified by it, or the fee resolution, shall be in force and effect.

 

Section 18: Penalties: Any violation of this ordinance may be prosecuted as a misdemeanor and punishable by a fine not to exceed $5,000.00 and/or one year in jail.

 

Mayor Dale P. Stubbs

INTRODUCED:  12-17-91

PASSED: 12-17-91

APPROVED:  12-17-91

PUBLISHED:  7-6-91


 

Micheal J. Reynolds

Town Attorney