ORDINANCE NO. 350

AN ORDINANCE OF THE TOWN OF SOUTH PRAIRIE, PIERCE COUNTY, WASHINGTON AMENDING ORDINANCE #336 WHICH PROVIDED FOR A COMPREHENSIVE ORDINANCE FOR SEWER REGULATION AND RATES, THE ESTABLISHMENT OF EQUIVALENT RESIDENTIAL UNITS AS A METHOD FOR RATE DETERMINATION, THE ESTABLISHMENT OF HOOKUP FEES, AMENDING ORDINANCE #333, REPEALING ORDINANCE #245, TO PROVIDE FOR ALL REGULATIONS IN ONE ORDINANCE.

Whereas, Ordinance #245, passed December 17, 1991 provided for the construction, operation, maintenance, improvements and reconstruction of a sewer system, provided for charges, connection fees, regulated use, and providing penalties for violations, and

Whereas, Ordinance #333 established a comprehensive ordinance for sewer regulations and rates and in so doing repealed Resolution #131, Resolution #14and Resolution #146, which were also repealed under Resolution #164, and

Whereas, at the time of the passage of Ordinance #333, Ordinance #245 was not considered, and

Whereas, for the ease of understanding by the public and for administration, all regulations dealing with the sewer utility should be combined in one ordinance, and

Whereas, in this ordinance, the relevant provisions of Ordinance #245 are incorporated with the provisions set forth in Ordinance #333, and

Whereas, many of the provisions contained within Ordinance #245 are no longer applicable since the sanitary sewer system has been completed and the citizens are connected, and

Whereas, some of the provisions of Ordinance #245 were already incorporated into Ordinance #333 and for the purposes of this ordinance are to incorporate other relevant provisions of Ordinance #245 into Ordinance #333, and

Whereas, Ordinance #293 repealed Ordinance #248 on the sewer utility, and

Whereas, Ordinance #293 has provisions therein, that are not effected by this ordinance, and

Whereas, Ordinance #297 set forth a moratorium which was reaffirmed by a moratorium set by WDOE, and

Whereas, this ordinance is for the purposes of consolidating all regulations involving the sewer system and

is for the benefit of public health, safety and welfare and is for the purposes of complying with funds received from the Farmers Home Administration and the Environmental Protection Agency and does promote public health, safety and welfare, and

Whereas, a public hearing was held on Ordinance #333 establishing the rate system for sewer and establishing the equivalent residential units, and

Whereas, a public hearing was held on this ordinance, and

Whereas, Ordinance #336 was challenged, along with Ordinance 332 dealing with water, under Pierce County Superior Court action entitled Dwight Partin v. Town of South Prairie, Cause #97-2-06076-7 wherein a Complaint for Declaratory Judgment and Injunctive Relief was sought, and

Whereas, the Town desires to resolve all disputes in exchange for a Dismissal with prejudice and without costs to either party, and in carrying forth that objective, has passed Ordinance #349, Comprehensive Water Rate Ordinance,

and

Whereas, Ordinance #336 which is amended herein, is changed only in the respect of dealing with a methodology for billing RVs in a RV park and adding a provision for septic pump out, and

Whereas, the City Council has consulted a cosmopolitan engineer for a recommendation as to a methodology wherein they have recommended that an appropriate calculation for a RV is 50% of a ERU, and

Whereas, Hillstrom Cabinets pumps their septic tank at their costs which is offset by number of ERU's, and

Whereas, the total allowable RV units in the South Prairie RV Park is 93 and the total allowable ERUs is 48, and

Whereas, Cosmopolitan Engineering Group's latest report on ERU's is dated June 16, 1998.

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

Section 1: Ordinance #245 is hereby repealed.

Section 2: Ordinance #333 is hereby restated and amended to include the applicable provisions of Ordinance #245 as follows:

All provisions of Ordinance #333 shall remain in force and affect and the applicable provisions of Ordinance #245 are added to all of the existing provisions of Ordinance #333.

follows:

Sewer Connections:

A. Single Family Residential Unit: Prior to hooking up the sewer system, each single family unit shall pay a hookup fee of $3,500.00 per single family unit.

B. Hookup_ Fee_ for_ Units_ other_ than__ Single_ Family

Residential: Any use, other than a single family residential shall pay $3,500.00 per equivalent residential unit (ERU).

C. Rates and Charges for Sewer Use:

1. Each customer shall pay $29.00 per month per equivalent residential unit (ERU).

One single family residential unit shall be one ERU.

2. Establishment of ERUs: The following are the number of ERUs established for each respective category:

A. Tavern: 8.5 ERUs

B. Espresso Stands: 1.5 ERUs.

C. Hillstroms Manufacturing: 4.0 ERUs.

D. Hillstroms Warehouse: 1.5 ERUs.

E. Arnold's Convenient Store: 3.5 ERUs.

F. Post Office: 1.5 ERUs.

G. Town Hall: 1.5 ERUs.

H. Church: 1.5 ERUs.

I. The Spot: 1.5 ERUs.

J. Paulson d/b/a Dakota Construction: 1.5 ERUs.

K. Auto Shop:_, 1.5 ERUs.

L. Fire Hall/Community Center: 1.5 ERUs.

M. Sewer Plant: 1.5 ERUs.

N. South Prairie Family Day Care: 1.5 ERUs.

O. RV Park: 48 ERUs (each RV shall be 1/2 ERU).

P. Feed Store + 1 house + 1 apartment: 3.5 ERUs.

Q. Inspiring Ideas - Home Based Business - Retailing Decorative Rubber Stamps: 1.5 ERUs.

R. Euro General Contractors, Inc. General- General Contractors- Construction: 1.5 ERUs.

S. Seaweed Innovations- Personal Care Products- Homebased: 1.5 ERUs.

Section 4: Utility Tax on Sewer: An 8% utility tax

shall be applied to the sewer utility gross receipts. Gross receipts consist of those monies received from charges as set forth above.

Section 5: Wastewater Discharge Restrictions: No person, firm or business shall discharge or cause to be discharged any storm water, surface water or ground water, including roof run off and foundation drainage to any sanitary sewer.

Section 6: Connection Permit: It is unlawful for any person to make any opening in any sewer, drain or connect any private sewer or drain thereto without complying with all the provisions of this chapter, and obtaining a permit from the Town to make such connection or opening. A sum shall be charged and collected by the Town for any connection permit as established by resolution.

Section 7: Inspection of Work: No trench shall be refilled or any connection connecting sewer constructed until the same has been inspected and approved by or under the direction of the Town at the point where the same connects with the pipe or other plumbing of the building or the premises being connected.

Section 8: Right to Access: A Town inspector or authorized representative shall have the right to enter upon any land, buildings or premises required to be connected by this chapter to the sanitary sewer or disconnect source or sources of stormwater, ground water, or surface water from

the sanitary sewer, at all reasonable times to ascertain whether the provisions of this chapter have been complied with or are being complied with, and if they find that such lands, buildings or premises connections or disconnections do not conform to provisions of this chapter, notify the owner or occupant of his duty to alter, repair or reconstruct to make them in conformity with the provisions of this chapter within fifteen (15) days from receiving notice.

Section 9: 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 sewer disposal system within the area serviced by the Town sewer system when reasonably available. When the plant is at capacity, as determined by the Department of Ecology, based upon reports submitted by the WWTP operator hired by the Town, all new installations must be designed and constructed in accordance with acceptable practices.

Section 10: Abandonment of Existing Septic Tanks: Upon connection of the Town's 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 systems for disposal of sewer after the connection of the Town sewer system.

Section 11: Duty to Maintain: It shall be unlawful to plant any vegetation which roots are likely to obstruct the sewer system which include 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's sewer system after first giving the property owner 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 exists, 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 12: 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 13: Illegal Discharge into Sewer System: No

person shall discharge the following into the Town sewer system:

1. In accordance with 40 CFR 403.5(a), a non domestic discharger may not introduce into the sewage system any pollutants that cause or pass through or interfere.

2. Pollutants that create a fire or explosion hazard in the POTW (including, but not limited to waste streams with a closed cup flashpoint of less than 140 degrees Fahrenheit or 60 degrees Centigrade using the test methods specified in 40 CFR 261.21).

3. Pollutants that will cause corrosive structural damage to the Publicly Owned Treatment Works (POTW), but in no case discharges with pH lower than 5.0 standard units, unless the works are specifically designed to accommodate such discharges.

4. Solid or viscous pollutants in amounts that could cause obstruction to the flow in sewers or otherwise interfere with the operation of the POTW.

5. Any pollutant, including oxygen demanding pollutants, (BOD, etc.) released in a discharge at a flow rate and/or pollutant concentration which will cause interference with the POTW.

6. Heat in amounts that will inhibit biological activity in the POTW resulting in interference, but in no case heat in such quantities such that the temperature at the POTW exceeds 40°C (104°F) unless the Department, upon request of the Permittee, approves, in writing, alternate temperature limits.

7. Petroleum oil, nonbiodegradable cutting oil, or products of mineral origin in amounts that will cause interference or pass through.

8. Pollutants which result in the presence of toxic gases, vapors, or fumes within the POTW in a quantity which may cause acute worker health and safety problems.

9. Any trucked or hauled pollutants, except at discharge points designated by the Permittee.

Section 14: 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 15: 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 Code.

Section 16: Ownership of 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 except in the event of transfer of ownership the septic tank shall be pumped at the expense of the seller or buyer. 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.

Section 17: 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 any utility bill, and may, at the discretion of the Town, result in the termination of any or all of the utilities. In the event of termination of utilities there shall be a reconnection charge paid before utility service begins.

Section 18: Penalties: Any person who violates or fails to comply with any provision of this chapter shall be guilty of a misdemeanor and punishable by a term not to exceed one (1) year and/or a fine of $5,000.00 or both.

Section 19: Severability: If any provision of this ordinance, or Ordinance #333 are determined to be invalid or unenforceable for any reason, the remaining provisions of this ordinance and Ordinance #333 shall remain in force and affect.

Section 20: This ordinance shall take affect and be in force October 1, 1998.

___________________

Mayor Layne Ross

INTRODUCED: 9/1/98

PASSED: 9/1/98

APPROVED: 9/1/98

PUBLISHED: 9/9/98

Section 21: Ordinance #333: None of the provisions of Ordinance #333 shall be repealed or modified by this ordinance. The purpose of this ordinance is to restate the provisions of Ordinance #333 and add to it the applicable provisions of Ordinance #245.

________________________________

Marla Nevill

Attested:

Acting Town Clerk/Treasurer

Approved as to Form:

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Michael J. Reynolds City Attorney