HomeMy WebLinkAboutSpecial 2004-08-23 Item 4C - Ordinance - Raise City Metro Rate for Sanitary Sewer Service 1411 „4
COUNCIL AGENDA SYNOPSIS
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ITEM INFORMATION
I CAS NUMBER: 04-120 j ORIGINAL AGENDA DATE: AUGUST 23, 2004
AGENDA ITEM TITLE Metropolitan King County Sewer Rate Pass through for 2005 Sewage Disposal Fees
CATEGORY Discussion Motion Resolution Ordinance BidAward Public Hearing Other
Mtg Date Mtg Date Mtg Date Mtg Date 8/23/04 Mtg Date Mtg Date Mtg Date
I SPONSOR Council Mayor Adm Svcs DCD Finance Fire Legal Peril Police PIV I
SPONSOR'S Metropolitan King County has adopted Ordinance No. 14942 increasing the 2005 monthly
SUMMARY sewer charge from $23.40 per month to $25.60 per residence or per residential equivalent
for King County component agencies. As a component agency, Tukwila passes these costs
onto their sewer customers. The King County Metro sewage capacity charge will also
increase from $18.00 per month to $34.05.
REVIEWED BY COW Mtg. CA &P Cmte F &S Cmte Transportation Cmte
Utilities Cmte Arts Comm. Parks Comm. Planning Comm.
DATE: 8/17/04
RECOMMENDATIONS:
SPONSOR /ADMIN. Approve ordinance increasing the City /Metro sewer fees
COMMITTEE Forward to COW for approval I
COST IMPACT FUND SOURCE
EXPENDITURE REQUJRF.D AMOUNT BUDGETED APPROPRIATION REQUIRED
Fund Source:
Comments:
MTG. DATE RECORD OF COUNCIL ACTION
8/23/04
MTG. DATE ATTACHMENTS
8/23/04 Information Memo dated 8/10/04
City of Tukwila Ordinance
Metropolitan King County Adopted Ordinance No. 14942
Utilities Committee Meeting Minutes from August 17, 2004
INFORMATION MEMO
To: Mayor Mullet
From: Public Works Director
Date: August 10, 2004
Subject: Metropolitan King County Sewer Rates for 2005
ISSUE
Metropolitan King County has adopted Ordinance No. 14942 (attached) increasing the 2005
monthly sewer charge and the sewage treatment capacity charge (for any new sewer
connections) for the King County component agencies. As a component agency, Tukwila
passes these costs onto their sewer customers.
BACKGROUND
King County has two distinct and separate charges for sewage disposal, the monthly sewer
charge and the Metro capacity charge.
The King County monthly sewer fee is increasing from $23.40 per month to $25.60 per
residence or per residential equivalent. This is added to the Tukwila rate of $7.00 per
residential connection or $12.00 for up to 750 cubic feet or fraction thereof for the
commercial/industrial customers. The flat monthly sewer charge for a single-family residence
will increase from $30.40 to $32.60 in ~005 (approximately 9%).
The King County Metro sewage treatment capacity charge will increase from $18.00 per
month to $34.05, effective January 2005. The capacity charge was enacted to recover costs of
providing sewage treatment for new growth. Established in 1990, all new sewer connections
are billed the Metro capacity charge. King County bills the owner of the property every 6
months in a payment plan for 15 years (with the option to pay in full).
RECOMMENDATION
Forward to Council with recommendation to increase the City/Metro sewer rate from $23.40
to $25.60 per residential customer or residential customer equivalent. No action is needed on
the King County sewer capacity charge as King County bills the property owners directly that
have new sewer connections.
MC:ad
attachment
L j �1L�1 C3
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON; AMENDING TUKWILA MUNICIPAL CODE 14.16.065,
TO RAISE THE CITY/METRO RATE FOR SANITARY SEWER SERVICE
S DUE TO AN INCREASE BY THE METROPOLITAN KING COUNTY
COUNCIL; REPEALING ORDINANCE Na 1979 AND Na 2026 §4;
PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE
DATE.
WHEREAS, the Metropolitan King County Council has notified the City of its
intent to increase its monthly charges to the City for sanitary sewage disposal from the
present $23.40 per month per residential equivalent to $25.60 per month per residential
equivalent, said increase to be effective January 1, 2005; and
WHEREAS, it is necessary for the City to pass this increase on to customers of the
City sewer system;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, DO ORDAIN AS FOLLOWS:
Section 1. City/Metro Rate. Ordinance Na 2026, as codified at Section 14.16.065 of
the Tukwila Municipal Code, is hereby amended to read as follows:
14.16.065 City/Metro Rate.
A. Regular Rate. The City /METRO charges as provided in Section 14.16.060 and
as required by the Agreement for Sewage Disposal between METRO and the City of
Tukwila are set at the sum of $25.60 (effective 1/1/05) per month per residential
customer and per residential customer equivalent as now defined or hereafter amended
in the agreement for sewage disposal between METRO and the City of Tukwila.
B. Reduced Rate. Every person 62 years of age or older (if married, then either
spouse) and every person totally and permanently disabled residing in a separately
metered dwelling and who is paying directly for such separately billed service either as
owner, purchaser or renter and whose individual disposable income, if a single person,
or whose combined disposable income, if a married couple, from all sources is less than
$32,000 per year, shall pay a rate equal to 50% of the City /METRO charge. Every such
person shall file with the Finance Department their affidavit that s /he is qualified to
receive the special rate. Such affidavits are to contain information as required by the
Finance Director in order to establish eligibility. Each affidavit will also indude an
unqualified promise to inform the City of any changes in financial condition that would
disqualify the person for special rates. The Finance Director may require affidavits on
an annual basis if deemed necessary.
Section 2. Repealer. Ordinance Na 1979 and No 2026 §4 are hereby repealed.
Sewer 8/20/04 1 of 2
Section 3. Severa ty. If any section, subsec paragr sentence, clause or
phrase of this ordinance or 6 application man person or situation suld&nam
be invalid or unconstitutional Rany reason by a court of co _t jurisdiction, such
invalidity or _n z%aa not affect the validity =constitutionality ems
remaining portions of this ordinance or its application to m other person or situation.
Section Effective n e. This ord inance or eummary thereof as be pub ed
the official newspaper er of the City, and shall take effect and be in full force aeffect
January tz,and will include consumption used for the January 31, 2005
Sewer/METRO billing calculations.
PASSED BY THE CITY CO UNa OF THE OTY OF TUKWILKWASHINGTON,
at a Spe p g thereof this day of 2004.
A2&tc»e
Steven M. Mullet, Mayor
Jane E Cantu, CMc City Clerk
d with the City Clerk:
APPROVED AS TO PORM Passed by the City Council:
Published:
Effective Date:
oee+o «m_ey Ordinance N
Sewer 04 2 of 2
Metropolitan King County Council
Anne Noris. Clerk of the Council
Room 1025 King County Courthouse
516 Third Avenue
Seattle WA 98104-3272
(206) 296-1020
FAX (206) 205-8165
E-maih anne.noris@metrokc.gov
r~¥,Too (206) 296-~ 024 R EC EtVE ~'
JUN 2 8 2004
June 25, 2004 TUKWILA
PUBLIC WORKS
Mr. Jim Morrow; Public Works Director
City of Tukwila
6300 Southcenter Blvd. Suite 100
Tukwila, WA 98188
Dear Mr. Morrow.
Monetary Requirements for 2005
The Metropolitan King County Council,approved the sewer rate for 2005 and the sewage
treatment capacity charge for 2005, 2006 and 2007 with the adoption of Ordinance 14942
on June 14, 2004. A copy of Ordinance 14942 is enclosed for your information.
If you have any questions, please call the Clerk of the Council's Office at 206 296~1020.
Sincerely,
Anne Nods
Clerk of the Council
Enclosure
KING COUNTY ~2oo King County Courlhouse
~ 16 Third Aveuu¢
Seattle. WA 98104
Signature Report
June 15, 2004
Ordinance 14942
Proposed No. 2004-0199.3 Sponsors Gossett
1 AN ORDINANCE determining the monetary requirements
2 for the disposal of sewage for the fiscal year beginning
3 January 1, 2005, and ending Decembei' 31, 2005, setting the
4 sewer rate for the fiscal yea{beginning Jan?ary 1, 2005, and
5 ending December 31,2005, and approving the amount of the
6 sewage treatment capacity charge for 2005, 2006 and 2007;
7 in accordance with Chapter 35.58.570; and amending
8 Ordinance 12353, Section 2, as amended, and K.C.C.
9 4.90.010, Ordinanc~ 11398, Section 1, as amended, and
I0 K.C.C. 28.84.055 and Ordinance 11034, Section 5, as
11 amended, and K.C.C. 28.84.050.
12
13
14 BE.IT ORDAINED BJY THE COUNCIL OF KING coUNTy:
15 SECTION 1: Findings. The metropolitan.King County council makes the
16 following findings:
Ordinance 14942
1'7 A. King County, as successor to the Municipality of Metropolitan Seattle, Owns
18 and operates a metropolitan sewage system. In accordance with long term agreements for
19 sewage disposal, King County provides wastewater treatment and disposal service to
20 cities and special utility districts.
21 B. Pursuant to the terms of said agreements for sewage disposal and state law,
22 King County must adopt a monthly sewer rate before July I, 2004 that will be effective
23 January 1, 2005. _
24 C. In accordance with K.C.C. 28.84.050 and 28.86.160, King County imposes a
25 sewage treatment capacity charge on new connections to sewers that are served by
26 metropolitan sewage facilities.
27 D.K.C.C. 28.86.160 prescribes the methodology for determining the sewage
28 treatment capacity charge and states that the charge shall be based upon the costs,
29 customer growth, and related financial assumptions used for the Regional Wastewater
30 Services Plan adopted by Ordinance 13680, as such assumptions may be updated.
31 E. The first update to the Regional Wastewater Services Plan (RWSP) was
32 transmitted by the executive to the council in April 2004. This plan update includes
33 projected costs for implementing the RWSP that are greater than those shown in the plan
34 as adopted by Ordinance 13680.
35 F. The wastewater treatment division in the department of natural resources and'
36 parks is currently engaged in cost containment efforts, including an extensive value
37 engineering effort, that may lower the costs represented in the plan update. In addition,
38 the division is developing project phasing and financial strategies that may impact
39 required capacity charge levels in the long term.
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Ordinance 14942
40 G. To ensure that the capacity charge level meets the growth pays for growth
41 policy, the council is obliged to consider the costs of new capacity at this point ip time
42 including the possible impacts of the cost containment efforts described in subsection F.
43 of this section.
44 H. The council further acknowledges that it is unlikely that all of the cost
45 containment efforts assumed by the executive in recommending a capacity charge for
46 2005 will be successful, and that the conformance to the requirement of K.C.C. 28.86.160
47 will require a higher capacity charge. In establishing a higher capacity charge for 2005,
48 the council has assumed the charge will remain at this level until the next RWSP update
49 which will include the next review of the capacity charge.,
50 I. Establishing a three-year capacity charge provides stability, predictability, and
51 certainty for the rate payer while maintaining the growth pays for growth policy and
52 ach. ieving a fiscally responsible debt coverage ratio.
53 SECTION 2. Ordinance 12353, Section 2, as amended, and K.C.C. 4.90.010 are
54 each hereby amended to read as fr;llows:
55 Sewer rate.
56 A-- Having determined the monetary requirements for,the dispo~'a! of sewage, the
58 cents)) twenty-five dollars and sixty cents per residential customer equivalent per month.
59 Once a sewer rate ordinance becomes effective, the clerk of the council is directed to
60 deliver a copy of th& ordinance to each agency having an _agreement for sewage disposal
61 with King County.
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Ordinance 14942
62 B. The King County council approves the application of Statement of Financial
63 Accounting Standards No. 71 (FAS 71) to establish a rate stabilization reserve for the
64 purpose of leveling rates between years.
65 C. As required for FAS 71 application amounts are to be placed in the rate
66 stabilization reserve from 2005 operating revenues and removed from the calculation of
67 debt service coverage for 2005. The reserve balance shall be an amount at least sufficient
68 to maintain a level sewer rate between 2005 and 2006, and shall be used solely for the
69 purposes of: maintaining the level sewer rate in 2006; and if additional reserve balance is
70 available, moderating future rate increases beyond the 2005-2006 period. If the estimated
71 amount of the reserve, as shown in the financial forecast, Attachment A to this ordinance,
72 needs to be adjusted to meet debt. service coverage requirements for 2005, the county
73 executive shall notify the council of the change by providing an updated financial
74 forecast.
75 D. Beginning August 23, 2004 and at the end of every calendar quarter thereafter,
76 the executive shall provide a report to the council on the latest cost information on the
77 Brightwater project, including an analysis of the potential impacts on the sewer rate
78 and/or the capacity charge or both.
79 E. The executive shall file a report with the clerk of the council by August 23,
80 2004, for distribution to the council, including members of the budget and fiscal
81 -management committee and regional water quality committee, detailing the ya~ue
82 engineering analysis for the Brightwater project (including treatment, conveyance and
83 outfall facilities') and the associated potential cost savings. In addition the report will
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Ordinance 14942
84 discuss the phasing options for components of the Briehwater project that may provide
85 ' savings and lessen impacts to th& sewer rate and capacity charge.
86 F. The executive shall file a report with the clerk ~f the council to coincide with
8") his transmittal of the proposed 2005 King County budget in October 2004 for distribution
88 to the council, including members of the budget and fiscal management committee and
89 regional water quality committee, detailing options for phasing or deferring non-
'90 Brightwater conveyance facilities currently anticipated in the 2006-2011 six-year capital
91 improvement program or in the thirty-year Regional Water Services Plan capital plan.
92 The report shall include the findings and recommendations of the metropolitan water
93 pollution abatement advisory committee available a~ the ti.me regarding phasing strategies
94 or any changes in design standards.
95 SECTION 3. Monetary requirements for the disposal of sewage for the fiscal
96 year beginning January 1, 2005, and ending December 31, 2005. The council hereby
97 determines the monetary requirements for the disposal of sewage as follows:
98 Administration, operating, maintefiance repair and replace (net of other income):
99 $60,732,941.
100 Establishment and maintenance of necessary working capital reserves: ~7~903,388.
101 Requirements of revenue bond resolutions (not included in above items and net of
102 interest income): $141,259,914.
103 TOTAL: $209,896,243.
104 SECTION 4'. Ordinance 11398, Section 1, as amended, and K.C.C. 28.84.055 are
105 each hereby amended as follows:
106 Metropolitan sewerage facility charge.
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Ordinance 14942
107 A. The amount of the 1994 metropolitan sewage facility capacity charge a~topted
108 by K.C.C. 28.84.050.0: shall be seven dollars per month per residential customer or
109 residential customer equivalent for fifteen years.
110 B. The amount of the 1995 metropolitan sewage facility capacity charge adopted
111 by K.C.C. 28.84.050.0: shall be seven dollars per month per residential customer or
112 residential customer equivalent for fifteen years.
113 ' C. The sewage treatment capacity charge shall be seven dollars per month per _
114 residential customer or equivalent fox fifteen years for sewer connections occurring
115 between and including January 1, 1996, and December 31, 1996.
i 16 D. The amount of the sewage treatment capacity aharge adopted by K.C.C.
117 28.84.050.0: shall be seven dollars per month per residential customer or equivalent for.
118 fifteen years for sewer connections occurring between and including January 1, 1997, and
119 December 31, 1997.'
120 E. The amount of the sewage treatment capacity charge adopted by K.C.C.
121 28.84.050.O_. shall be ten dollars fifty cents per month per residential customer or
122 equivalent for fifteen years for sewer connections occurring between and including
123 January I, 1998, and December 31, 1998.
124 F. The amount of the sewage treatment capacity charge adopted by
125 K.C.C.28.84.050.O_. shall be ten dollars fifty cents per month per residential customer or
126 equivalent for fifteen years for sewer connections occurring between and including
127 January 1, 1999, and December 31, 1999.
128 G. The amount of the sewage treatment capacity charge adopted by
129 K.C.C.28.84.050.O: shall be ten dollars fifty cents per month per residential ct~gtomer or
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Ordinance 14942
130 equivalent for fifteen years for sewer connections occurring between and including-
131 January 1, 2000, and December 31,2000.
132 H. The amount of the sewage treatment capacity charge adopted by
133 K.C.C.28.84.050.O._ shall be ten dollars fifty cents per month pe~- residential customer or
134 equivalent for fifteen years for sewer connections occurring between and including
t35 January 1, 2001, and December 31, 2001.
136 I. The amount of the sewage treatment capacity charge adopted by
137 K.C.C.28.84.050.O: shall be seventeen dollars and twenty cents per month per residential
138 customer or equivalent for fifteen years for sewer connections occurring between and
139 including January 1, 2002, and December 31, 2002.
140 J. The amount of the sewage treatment capacity charge adopted by
141 K.C.C.28.84.050.O_. shall be seventeen dollars and sixty cents per month per residential
142 customer or equivalent for fifteen years for sewer connections occurring between and
143 including January 1, 2003, and December 31, 2003.
1-44 K. The amount of the sewage treatment capacity charge adopted by
145 K.C.C.28.84.050.O_. shall be eighteen dollars per month per residential customer or
146 equivalent for fifteen years for sewer connections occurring between and including
147 January 1, 2004, and December 31. 2004.
148 L. The amount of the sewage treatment capacity charge adopted by
149 K.C.C.28.84.050.O. shall be thirty-four dollars and five cents per month per residential
150 customer or equivalent for fifteen years for sewer connections occurring between and
151 including January 1, 2005, and December 31,2005. For connections occurring between
152 and including January 1, 2006, and December 31, 2006, said amohnt slSall be thirty four
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Ordinance 14942
153 dollars and five cents per month per residential customer or equivalent for fifteen years,
154 to be reviewed, approved or changed during 2005. For connections Occurring between
155 January 1, 2007, and December 31, 2007, said amount shall be thirty four dollars ~nd five
156 cents per month per residential customer or equivalent for fifteen years, to be reviewed,
157 approved or chan.Ted during 2006.
158 In accordance with adopted policy FP-12.3.d. in the Regional Wastewater
1-59 Services Plan, K.C.C. 28.86.160C., it is the council's intent to base the capacity charge
160 upon the costs, customer growth and related financial assumptions used the Regional
161 Wastewater Services Plan as updated through every three-year review of the Regional
162 Wastewater Services Plan in accordance with adopted Regional' Wastewater services
163 Plan policy WWPP-5.
164 In accordance with adopted P0li~y FP-12.3.c., King County shall pursue changes
165 in state legislation to enable the county to require'payment of the capacity charge in a
166 single payment, while preserving the option for new ratepayers to finance the capacity
167 charge.
168 If the state legislature grants King County the ability to require an upfront
169 capacity charge in 2005, the executive shall within thirty days transmit an ordinance to
170 the council that reduces the capacity charge assessed to sewer connections, o~curring on
171 and after January I, 2005, and shall refund the difference between the new amount and
172 the amount that has aiready been paid.
173 SECTION 5. Ordinance 11034~ Section 5, as amended, and K.C.C. 28.84.050 are
174 each hereby amended to read as follows:
175 Sewage disposal rules and regulations.
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Ordinance 14942
176 A. The director shall administer and implement the following roles and
177 regulations for the disposal of sewage into the metropolitan sewerage system. The roles
178 and regulations in this section shall be applicable to water pollution abatement activities,
179 including the disposal of sewage into the metropolitan sewer system, whether delivered
180 from within or from without the county.
18t B. The director is hereby authorized to develop and implement such procedures
182 and to take any other actions as may be necessary to insure that local public sewers and
183 private.sewers discharging or proposing to discharge into the metropolitan sewer system
184 are constructed and developed in accordance with applicable laws, regulations and plans
185 and with the provisions of federal grant agreements that may be applicable thereto.
186 C. The procedures for certification for extensions and conqections shall be as
187 follows:
188 1. A request by a local public agency, person or state or federal agency for an
189 extension to an existing department intemeptor or trunk shall not be considered by the
190 department for funding of planning, design or construction, and agreements therefor shall
191 not be considered for approval by the council unless the director has received written
192 'certification from the legislative bodies of all cities and counties [hat ha~,¢ zoning
193 jurisdiction over any portion of the area proposed by the requesting party to be served, or '
194 determined by the director as being capable of being served by such extension; and any
195 other area in or through which the facility is proposed to be constructed. The certification
196 shall state that such:service and construction are consistent, with the adopted land use
197 plans and policies of such local governments. If a city or county cannot so ceCdfy, it shall
198 issue a written statement to the director that the service or construction is not consistent
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Ordinance 14942
199 with its adopted plans and policies, or that action on the application for certificatiori must
200 be deferred pending receipt by the city or county of such additional, specified information
201 and data as may be reasonably required for the consideration of the application;
202 2. Requests by a local public agency, person or state or federal agency for
203 approval of a local public sewer facility connection to an existing interceptor or trunk
204 shall be considered by the department only if the director has received a written
205 certification as described in this section, but a connection involving service by a local _
206 public sewer facility that is located wholly within the boundaries of a city and has a
207 potential service area contained wholly within those boundaries shall require only the
208 written certification of that city; ,
209 3. The certification may be made by either the legislative body 'of the city or
210 county or by such department or division thereof as the legislative body may designate.
211 The issuance of the certification may be preceded by a reasonable analysis and
212 consideration; by a city or county having zoning authority, of alternatives to the proposed
213 connection or extension.
214 a. If the director has not received a certification or oth~i- statement from a city
215 or county as described herein within ninety days of receipt by a ~ity or count~ of a
216 written application for certification, the city or county shall be d~em~d, for purposes of
'217 this section only, to have certified the proposal as consistent with adopted land use plans'
218 and policies; provided, that if the certification has not been received by the director
219 within sixty days of receipt by.a city or county of a written application for certification,
220 the director shall notify the chief executive and chair of the legislative body of the city or
221 county of the certification' deadline.
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Ordinance 14942
222 b. The director is authorized to develop such additional roles, procedures and
223 forms as may be required to implement this section, to notify local public agencies, cities,
' 224 counties and in terested pe~:sons of the certification process and to assist the local public
225 agencies, cities, counties and persons in compliance with this section.
226 c. Any questions concermng the applicability or scope of certification
227 requirements shall be referred to the director for final resolution. Nothing contained in
228 K.C.C. 28.84.050_.C precludes the department from providing staff assistance to a local
229 public agency, city, county or state or federal agency concerning waterborne pollutant
230 removal, water quality improvements or sewage disposal alternatives; and
231 4. The certification provisions of this section shall not apply where an extension
232 of or connection to an interceptor or trunk is required by formal order or directive of a
233 state or federal agency with regulatory powers over the extension, connection or the
234 metropolitan sewer system, or to the following interceptor extensions: that portion of the
235 Phase 1 May Creek Interceptor System, as defined in the Environmental Protection
236 Agency Project No. C-530749 Negative Declaration dated November 29, ~ 977, which
237 includes the Honeydew Interceptor and a section of the May Creek Interceptor between
238 existing Metro Manhole B and the confluence of May and Hongy ((G))-Creeks; .SLW 14 in
239 the Comprehensive Plan, also known as the Madsen Creek Trunk; and GR 25 and GR 26
240 of the Comprehensive Plan, extending from 1 lth Avenue in Algona to Main Street in the
241 city of Auburn. Copie~ of any formal orders or directives as referred to in this subsection
242 C.4_. shall be immediately forwarded to every city, county .and other local public agencies
243 within the county.
244 D. The following local public agency regulations and standards shall apply:
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Ordinance 14942
245 1.' Local public agency design and construction standards and standard
246 specifications and local public agency ordinances and resolutions directly relating to the
247 planning or construction of local public sewers or regulating the use of local public
248 sewers or side sewers shall be consistent with this section;
249 2. Two copies of any such documents that are in effect on the date of adoption
250 of this section and that have not previously been submitted to the department shall be
25'1 submitted to the director within six months following such date. Two copies of any of _
252 such documents adopted or placed in use after the date of this section, including any
253 changes in or amendments of documents previously in effect, shall be submitted to the
254 director within sixty days of their adoption; and
255 3. The following provisions shall apply to review and approval of such
256 submittal documents:
257 a. The director shall review design and construction standards and standard
258 specifications submitted by a local public, agency and, within thirty days following
259 receipt thereof, shall either approve them in writing or return one set of each disapproved
260 - document with written reasons for disapproval;
261 b. The director shall review ordinances and resolutions submitted by a local
262 public agency and, within thirty days following receipt thereof, shall notify the local
263 public agency in writing of any inconsistencies with the department's roles and
264 regulations; and
265 c. Within gixty days following receipt from the director of a disapproval or a
266 statement of inconsistencies with the'department's rules and regulations, the local public
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Ordinance 14942
267 agency shall take the action as may be necessary to correct such inconsistencies and shall
268 resubmit the corrected or amended documents as provided for their original submittal.
269 E. Local System plans shall be prepared and approved subject to the requirements
270 defined in K.C.C. chapter 13.24 and the departmental policies and procedures that
271 implement the code.
272 F. Detailed constmctio9 plans and specifications for proposed local public sewers
273 shall be subject to review and approval by the director only when the director deems such
274 review to be necessary. Each local public agency shall notify the director in writing of its
275 intention to prepare the construction plans and specifications delineating the boundaries
276 of the areas to be sewered by map or sketch, and the estim3ted date for bid adveffisement.
277 Within ten days following receipt of the notice, if determined necessary, the director shall
278 make written request for the submission of construction plans and specifications. If
279 required to do so, the local public agency shall submit two sets of plans and specifications
280 and shall obtain approval of the plans and specifications before advertising for bids.
281 Within fifteen days following receipt of such plans apd specifications, the director shall
282 review the plans and specifications and return one set thereof to the local public agency
283 with approval, or with required changes indicated. If the plans'and specifications are
284 disapproved, the required changes shall be made by the local public agency, and all
285 required revisions of plans and specifications resubmitted in the same manner as provided
286 for the initial submittal. If no communication is received from the director by the local
287 public agency within fifteen days of the date of receipt by the director of the plans and
288 specifications, it shall be deemed that the director has approved the plan~ and
289 specifications.
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Ordinance 14942
290 G. The following provisions shall govern sewerage standards:
291 1. New local public sewers or private sewers and extensions of existing se}vers
292 shall be designed as separate sewer~ and storm drains, except where the local public
293 agency can demonstrate the necessity for a combined sewer extension; and
294 2. The design of sewers by local agencies and persons and the method of
295 construction and materials used and the operation and maintenance of sewers and side
296 sewers owned by local public agencies and persons shall be such that flow other than
297 sewage and industrial waste (wastewate0 will not exceed three and six one-hundredths
298 cubic feet per acre in any thirty-minute period. Flow volumes of other than wastewater
299 for any thirty minute period that exceeds this amount will Joe called excess flow.
300 H. The following provisions shall apply regarding inspection of new
301 construction:
302 1. Local public agencies shall be responsible for inspection of construction of
303 local public sewers as required to insure compliance with this section and with local
304 standards. The director, however, shall have the.right to spot inspect local public sewer
305 and side sewer construction and to notify the local public agencies when, in the opinion
306 of the director, the construction work does not comply with this section. Each local,
307 -public agency shall notify the i~irector by letter or send a copy of the "Contractor's Notice
308 to Proceed"'letter to the director in advance of the start of any public sewer construction.
309 a. The letter shall include the name of the organization respOnsible for contract
310 administration and the name of the individual the director should contact during
311 construction.
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Ordinance 14942
312 b. Upon receipt of notification from the director that any local public sewer
313 construction work is not being performed in compliance with the plans and spec!fications
314 therefor, the local public agency shall immediately take such action as may be necessary
315 to insure compliance.
316 c. The construction of private sewers shall be subject to inspection by the
317 director;
318 2. A leakage test shall be made of every section of local public sewer after
319 completion of backfill by an internal hydrostatic pressure or air test method; provided,
320 that if the ground water table is so high as to preclude a proper.exfiltration test, an
321 infiltration test may be used. Other methods of testing must be specifically authorized by
322 the director.
323 a. Allowable exfiltration leakage shall be no greater than fiye-tenths gallon per
324 hour per inch of diameter per one hundred feet of sewer pipe with a minimum test
325 pressure Of six feet of water column above the crown at the upper end of the pipe. For
326 each increase in pressure of two feet above a basic six feet of water column measured'
327 above the crown at the lower end of the test section, the allowable leakage shall be
328 increased ten percent. Allowable infiltration leakage shall be no greater ~han four-tenths
329 gallon per hour per inch of diameter per one hundred feet of sewer pipe, with no
330 allowance for external hydrostatic head.
331 b. Air testing shall be in conformance with the latest edition of "Standard
332 Spe~Jifications for Municipal Public Works Construction" prepared by'the Washington
333 State Chapter, American Public Works Association.
15
Ordinance 14942
334 c. A record of leakage tests containing the location of the local public sewer
335 tested, the date of test and the results thereof shall be submitted to the director prior to
336 acceptance of each contract by the local public agency.
337 d. Side sewers shall also be tested for their entire length from the public sewer
338 in the street to the connection with the building plumbing. The method of testing side
339 sewers shall be determined by the local public agency, but in no case shall it be less
340 thorough than' filling the pipe with water before backfill and visually inspecting the
341 exterior for leakage; and
342 3. Ground water or other water related to local public agency sewer
343 construction, other than water used for leakage test, shall not be admitted into a public
344 sewer without the written permission of the director.
345 I. The following provisions shall, govern connections to the metropolitan sewer
346 system:
347 1. No connection shall be made to the metropolitan sewer system without the
348 prior approval of the director;,
349 2. Local public sewers shall be planned so as to require the minimum practical'
350 number of polnts of connection to the metropolitan sewerage System. At each point of'
351 connection to the metropolitan sewerage system, the department shall timely construct, at
352 its expense, such special manholes or chambers.as are required, includ!ng the intervening
353 connection from the'manhole or chamber to the department trunk.
354 With the written approval of the director, the special manhole or chamber and
355 intervening connection from the manhole or chamber to the department trunk may be
356 designed and constructed by the local public agency at the expense of the department but
16
Ordinance 14942
357 subject to inspection and approval by the director. It shall be the responsibility of the
358 local public agency to connect local public sewers to the manhole or chamber at 'its
359 expense and in a manner approved by the director;
360 3. Each local public sewer connection to a department special manhole or
361 chamber shall be hydraulically designed so as not to interfere with the measuring and
362 sampling of flow;
363 Upon its completion, each such a structure and connection shall be owned,
364 operated and maintained by the department, provided that the local public agency may
365 use the chamber for measuring and sampling flows at reasonable times with the
36~ concurrence of the director; and ,
367 4. The director may require a metering manhole or chamber on extensions
368 constructed after January 1, 1961, to local public sewers in existence on that date. The
369 manhole or chamber shall be located on the extension near its connection with the local
370 public sewer. The department shall construct and pay for any manhole or chamber
371 required for extensions constructed.prior to April 17, 1969. The local public agency shall
372 construct any required manhole or chamber for any local public sewer extension
'373' constructed after the adoption of this section. The construction shall be performed in
374 accordance with plans and specifications prepared or' approved by the director and the
375 department shall pay the additional cost af the manhole or chamber as follows:
376 a. For pipe sizes eight inches in diameter through twenty-one inches in
377 diameter, and with the measuring device placed in a department standard, four-foot
378 diameter, manhole, the department shall pay one hundred fifty dollars per each such
379 measuring manhole.
17
Ordinance 14942
380 b. For special chambers and pipe sizes larger than twenty-one inches in '
381 diameter, the department 'shall pay as per agreement for each specific case. Upon its
382 completion, each such manhole or chamber shall be owned, operated and maintained by
383 the local public agency, provided that the department may use the chamber for measuring
384 and sampling flows at reasonable times with the concurrence of the local public agency.
385 J. The following provisions shall govern relating to private sewers:
386 1. The department shall not directly accept wastewater from the facilities of any_
387 person that are located within the boundaries of, or discharge wastewater into the local
388 sewerage facilities of, any local public agency without the prior written consent of the
389 local public agency; '
390 2. Connection of private sewers may be made at the discretion of the director,
391 either by the director or by others subject to inspection and approval by the director.
392 Whenever a local public sewer becomes available, the private sewer shall be
393 disconnected from the metropolitan sewerage system under the inspection of ahd in a
394 manner approved by the director, and shall be connected to the available local public
395 sewer in accordance with the requirements of the local public agency. All work of
396 making connections, disconnections'and reconnections of private sewers to the
397 metropolitan sewerage system shall be at the expense of the owner or developer of the
.398 private sewer~;
399 3. Two sets of plans and specifications for proposed private sewers shall be
400 submitted to the department for review and approval. W-ritten approval must be obtained
401 prior to advertising for bids or proceeding with the work if bids are not called; and
18
Ordinance 14942
402 4. The provisions of this section applying to local public sewers of local public
403 agencies shall also apply to private sewers and to owners of private sewers.
404 K. The following regulations shall apply to the use of local public sewers:
405 1. The discharge into any sewer by direct or indirect means of any of the
406 following is hereby prohibited: subsoil foundation, footing, window-well, yard or.
407 unroofed basement floor drains; overflows from clean water storage facilities; clear water
408 from refrigeration, reverse-cycle heat pumps and cooling or air-conditioning equipment
409 installed hereafter, except for the periodic draining and cleaning of the systems; roof
410 drains or downspouts from areas exposed to rainfall or other precipitation; and surface or
411 underground waters from any source;
412 '2. Where manholes in sewers have open, perforated or grating covers res.ulting
413 in surface waters eiatering the manhole, the director may require the local public agency
414 to adjust or modify the manholes, at the expense of the local public agency so that the
415 entry of surface water is reduced to a minimum. Openings in manholes for new
416 construction shall be limited to not more than three one-inch diameter holes; and
417 3. An additional charge will be made for quantities of.water other than sewage
418 and industrial waste hereafter entering those sewers constructed after Jahuary Is 1961, in
419 excess of the volume established for design purposes in this section. Any charge made in
420 addition to the regular charge shall be based on metered records of flow taken and
421 compiled by the department. If the director, elects to meter and record flow from such
422 sewers, the iocal public agency will be given at least five 0ays notice in advance of such
423 metering. Metering periods shall continue until excessive flow conditions are corrected.
19
Ordinance 14942
424 a. The allowable volume of flow for any thirty-minute period shall be
425 determined by taking the sum of the following items, subsection K.3.a. (1) to (3) of this
426 section, inclusive:
427 (1) maximum dry-weather wastewater flow as measured in the preceding
428 August-September period. The flow shall be determined as follows:
429. (a) meter and record all flow for the period;
430 (b) discard all flow records for each day containing measurable
431 rainfall and discard the flow records of the succeeding days;
432 (c) determine the maximum flow volume occurring in a thirty minute period
433 for each day's metering; and
434 (d) average all of the maximum flow volumes to arrive at a maximum dry-
435 weather wastewater flow;
436 (2) additional dry-weather flow resulting from new customers or equivalents
437 added after the measured August-September period. The flow shall be determined as
438 follows:
439 ' (a) determine the number of added residential customers and equivalents; .
440 (b) multiply each such customer and equivalent by the departmental
441 allowance of seven hundred fifty cubic feet per month; and
442 (c) reduce Co) from a monthly to a thirty-minute allowance by the formula:
443 cubic feet per month divided by [30 days x 24 hrs. x 2] = additional dry weather flow;
a. 44 and
20
Ordinance 14942
445 (3) flow allowance for ground water infiltration and storm water inflow on
446 which the metropolitan sewerage system was designed. The flow shall be determined as
' 447 follows: '
448 (a) determine the sewered area being metered in acres; and
449 (b) flow allowance = 3.06 cubic feet per acre x sewered area in 'acres.
450 b. Flow volumes for any thirty-minute period that exceed the allowable
451 volume of flow, as determined in subsection K.3.a of this section, will be considered to
452 be excess flow.
453 c. Since excess flow is based upon a thirty-minute period, the volume so
454 measured will be small. In order that the surcharge for ex~ess flow will more nearly
455 approach the cost of providing additional capacity in the metropolitan sewerage system,
456 excess flow wilt be adjusted as though it were occurring for a twenty-four hour period.
- 457 The flow will be called adjusted excess flow. Adjusted excess flow = Exces¢.flow x 24 x
458 2.
459 d. Daily surcharges for ~djusted excess flow will be the department current rate
460 for each seven hundred fifty cubic feet of the adjusted excess flow. The daily surcharges
461 .shall remain in effect for ten days. If excess flow occurs agaip during die ten.day period,
462 and the new excess flow exceeds the former, the more r~cent excess flow will be used in
463 lieu of the former and continue for'ten days from date of its measurement.
464 e. If the new excess'flow does not exceed the former excess flow, the former
465 will be used for ten days from time of its measurement, at which time the new excess
466 flow will be used for as many days as will complete ten days from the time of
467 measurement of the new excess flow.
21
Ordinance 14942
468 L' Amounts due the department as monthly surcharges for excess flows shall be'
469 shown as a separate item on the department's normal monthly billing to the loca! public
470 agency, accompanied by appropriate records and calculations, and shall include only the
471 surcharges for the preyious month.
472 g: The sumharges for excess flows shall be paid to the department by local
473 public agencies in the same manner and at the same times as regular sewer service
474 charges; provided that a local public agency may offset against the surcharges amounts
475 actually expended on local sewerage facility improvements or modifications 'that have
476 been constructed bythe local public agency.for the purpoge of reducing the excess flows
477 and the plans for which shall have been approved by the director. If the local public
478 agency elects to construct the improvements, it shall so signify in writing to the director.
479 within thirty days of receipt of the department's first billing of each specific excess flow
480 surcharge. Upon receipt of the notice, the department will allow the local public agency
481 one year to prepare approved plans and specifications and let a contract for the corrective
482 work. Failure to meet the one-year deadline shall result in the original surcharge, as well
483 as any intervening surcharges, becoming immediately due and payable.
484 h. Metering and metered records may be checked at reasonable time intervals
485 by lodal public agency personnel accompanied by department personnel upon at least one
486 day's notice to the department.
487 i. In the egent of excessive infiltration/inflow under applicable regulatio, ns of
488 the Environmental Protection Agency, 'such that the department will be denied.federal
489 grants in the absence of correction, the director may elect to do the corrective work
490 utilizing therefor solely surcharges collected from the local public agency.
22
Ordinance 14942
491 L. The following provisions shall apply to disposal of materials from septic tanks
492 ' and chemical toilets:
493 1. The discharge of materials from cesspools, septic tanks and privies into local
494 sewer systems is prohibited;
495 2. Chemical toilet waste may be discharged into the local public sewer or
496 private sewer system through a side sewer connection at the place of business.
497 a. The means of disposal shall be approved by the director, the local public
498 agency and the Seattle-King County health department.
499 b. If the conditions in subsection L.2.a of this section cannot be met, chemical
500 toilet wastes may be discharged directly into the metropolitan sewer system in
· 501 accordance with the provisions of this section;
502 3. No person engaged in the collection and disposal of materials from cesspools,
503 -septic t~nks, chemical toilets, portable toilets and privies, as a business or Commercial
504 enterprise, may discharge into the metropolitan sewer system any of the materials so
505 collected without having first obtained from the director a written permit to do so. This
506 permit shall be in addition to all other permits and licenses required by law and shall be
507 issued only to the holder of a: proper registration and inspection certificate issued by the
508 Seattle-King County health department to carry on or engage in the bu?iness of cleaning
509 septic tanks and cesspools;
510 4. Any person required to obtain such a permit shall submit to the director an
511 application for the permit on forms approved by the director.
512 a. A separate permit shall be obtained for each vehicle so used, which permit
~13 shall thereafter be carried in the vehicle at all times. No permit may be transferred from
23
Ordinance 14942
514 one vehicle to another except in the event of loss, destruction or replacement of the'
515 original vehicle, and then only with the approval'of the director.
516 b. The name of the person and the permit number shall be prominently
517 displayed in numbers and letters at least three inches high, in contrasting color on both
518 sides of the vehicle;
519 5. The annual fee for a permit to discharge materials from cesspools, septic
520 tanks, chemical toilets and privies into the metropolitan sewerage system, unless _
521 exempted in this section, is hereby fixed and determined to be the sum of two hundred
522 dollars for each vehicle employed or used by the permit holder for the hauling and
523 discharge of such materials. At the time of issuance of each discharge pernut, there will
524 also be issued an entrance control identification card for each track under permit. No
525 person may discharge into the metrOpolitan sewer system any materials collected from
526 cesspools, septic tanks, chemical toilets and privies without first paying the permit fee,
527 and registering with the proper entrance control identification card at the point of
528 discharge into the metropolitan sewer system for each load dumped.
529 Annual fees shall be payable in advance and permit holders shall renew their
530 permits on or before the annual expiration date of the permits.' Fees for permits issued for
531 less than a full year shall be prorated to the nearest full month. No refund of any permit
532 fee shall be granted for cessation of operations prior to the expiration of the permit;
533 6. In addition to the permit fee, each permit holder shall pay to the department a
534' gallonage fee.~ The gallonage fee shall be determined by ~the director and shall be
535 adjusted at such times as the director may deem to be in the best interest of the
536 department.
24
Ordinance 14942
537 a. The director may waive the gallonage fee to permit holders dumping septic
538 tank sludge from residences and businesses paying the department sewerage cha?ges to
539 local agencies. Claims for exemption-of gallonage fees shall be made on forms provided
540 by the department and shall be accomplished in the manner described thereon. The
541 department shall bill each permit holder for the accumulated gallonage fee monthly. This
542 billing shall provide for the subtraction of all volumes declared on valid gallonage fee
543 exemption claims. Payment of gallonage fees shall be made within thirty days from the
544 date of invoice by the department.
545 b. A late charge of twelve percent per year shall be assessed upon and added to
54~5 any charge or portion thereof that remains unpaid after thirty days from the date of
547 invoice. Failure to pay all charges due within sixty days from the date of invoice shall be
548 ' considered ~ breach of the terms of the permit and shall result in revocation of the permit;
549 7. Wastes discharged into the metropolitan sewer system in accordance with this
550 section shall be discharged only at such points as are designated by the director and in a
551 clean, inoffensive manner satisfactory to the director..Equipment and methods used by
552 the permittee to discharge shall be subject to inspection by and approval of the director as
553 a condition of granting the permit;
554 8. The discharge of industrial waste, or any waste other than domestic septage
555 and chemical toilet waste, into a designated septage disposal site is prohibited unless
556 specifically approved by the director;
557 9. A permittee hereunder shall be liable for the costs of any damages to property
558 or personal injury caused by reason of his operations. In addition, failure to pay the costs
559 upon demand shall be cause for revocation of the permit;
25
Ordinance 14942
560 10. A permit may be revoked or suspended by the department for failure ro
561 discharge at designated points, for any discharge that is in violation of the provisions of
562 this section, or for the reasons set forth in this section;
563 11. Each pe/mittee shall be ~-equired to obtain liability insurance in such amount
564 and in such form as shall be determined by the director. The insurance shall afford
565 bodily injury limits of liability 0f five hundred thousand dollars for each person and one
566 million dollars for each occurrence. Evidence of the insurance coverage shall be _
567 provided to the director. Nothing in this subsection L.11_. shall.in any manner preclude
568 any applicant from obtaining such additional insurance coverage as the applicant may
569 deem necessary for his or her own protection; and ,
5'~0 .12. The director is hereby authorized to designate the points of disposal of
571 materials collected by the permittees the places where permits may be obtained and the
572 persons authorized to sign ~he permits on behalf of the department.
573 The director is further authorized to revoke or suspend perm/ts for failure to
574 comply with the provisions of this chapter, subject to the right of persons affected to
575 appeal from the revocation or suspension as provided in this chapter.
576 M. The following practices shall be prohibited:
577 1. No'person shall'disqharge, directly or indirectly, into a sewer any material or
578 substance that is prohibited by any county Ordinance, role established by the.director;
579 local agency role or regulation or other applicable requirement.
580 2. No unauthorized person shall enter any department sewer, manhole, pumping
581 station, treatment plant or appurtenant facility. No person shall maliclously, willfully or.
26
Ordinance 14942
582 negligently break, damage, destroy, deface or tamper with any structure, appurtenance or
583 eqmpment that is part of the metropolitan sewerage system.
584 3. No person, other than an authorized employee or agent of the department,
585 shall operate or change the operation of any department sewer, pumping station,
586 treatment plant, outfall structure or appurtenant facility.
587 N. The following provisions shall apply to user charges:
588 1. As required by federal regulations, each local public agency shall adopt and
589 maintain a system of user charges to assure that each recipient of waste treatment services
590 within the department's service area will pay its proportiongte share of the costs of
591 operation and maintenance, including replacement, of all waste treatment provided by the
592 department.
593 Notwithstanding the obligation of the local public agency to collect the charges,
594 the director shall have authority directly to assess, when in the opinion of the director it is
595 necessary in order to comply with federal regulations, a user surcharge directly against
596 industrial users within a local public agency in an amount determined by the director to
597 be necessary to assure that the industrial users pay their proportionate share of the ct~sts
598 of operation and maintenance, including replacement, of waste treatment provided by the
599 department. Any such surcharge is distinct from and in addition to sums to be paid by
600 industries as industrial cost recovery, pursuant to provisions contained in this section or
601 under such provisions as may be adopted by the council, regarding the control and
602 disposal of industrial waste into the metropolitan sewag~ .system;
603 2. Each local public agency shalt charge each recipient of waste treatment
604 services within its jurisdiction, in addition to any surcharge to be assessed by the logal
27
Ordinance 14942
605 public agency against an industrial user in an amount to be determined by the director to
606 be necessary under federal regulations and separate from and in addition to any .sums paid
607 by industry pursuant to this section, a sum to be paid to the department for its waste
608 treatment services to be determined as follows:
609 a. The local public agency shall determine, on a quarterly basis: the number
610 of residential customers billed by the local public agency for local sewage charges; the
611 total number of all customers so billed; and the total water consumption billed other than_
612 residential customers. The quarterly water consumption report shall be taken from water
613 meter records'and may be adjusted 'to exclude water not entering the sanitary facilities of
614 a customer. ·
'615 (1) Where actual sewage flow from an individual customer is metered, .
616 metered sewage flows shall be reported in lieu of adjusted water consumption. Total
617 quarterly water consumption'in cubic feet shall be divided by two thousand lwo hundred
618 fifty to determine the number of residential customer equivalents for which each
619 nonresidential.customer shall be billed. '
620 (2) The director shall develop such additional instructions and roles for
621 preparation of the quarterly water consumption report as may be necessary to implement
622 the requirements of this section; and
623 b. The director will establish a monthly user charge for each component
624 agency based upon a rate for each residential customer or residential customer equivalent
625 that the local public agency shall collect from its residential customers and equivalents;
626 3. Each local public agency shall charge each industrial recipient of waste
627 treatment services within its jurisdiction as required by the department, in addition to the
28
Ordinance 14942
628 user charge, a surcharge in an amount to be determined by the director based on the
629 average annual strength and volume of discharge by the industry. For the purp0~e of
630 computing average annual strength, all wastes shall be assumed to have a minimum
631 strength equivalent to that of domestic sewage.
632 Each local public agency shall provide the director each quarter with a listing of
633 the water consumption of each surcharged industry;'and
634 4. Each local public agency shall maintain such records as are necessary to
635 documefit compliance with the user charge system established under this subsection N. ·
636 O. The following provisions shall apply regarding capacity charges:
637 1. All customers of a public or private sewgge facility who connect, reconnect
638 or establish a new service that uses metropolitan sewage facilities after February 1, 1990
639 shall pay a capacity charge, in an amount established annually by the council in
640 accordance with state law: Users of metropolitan sewage facilities'shall be subject to the
641 capacity charge upon connection or reconnection to public or private sewage facilities
642 and/or establishment of a new sewer service.
643 a. "Reconnection," for purposes of this subsection, shall mean reco. nnection-0f
644 an existing structure following physical disconnection and ab..and0nm~x/t of prior sewer
645 service.
646 b. "Est~iblishment of a new service" shall mean change of. property use from
647 single family residential to other than single family residential, or reuse of an existing
648 sewer connection by a new structure following demolition of an existing structure and
649 abandonment of sewer servme;
29
Ordinance 14942
650 2. The capacity charge shall be a fixed rate per residential customer or
651 residential customer equivalent determined annually by the council. The number of
652 residential customer equivalents (RCE$) for multifamily customers shall be determined
653 using the following scale:
654 two to four units 0.8 RCEs per unit
655 five or more units 0.64 RCEs per unit
656 Senior citizen, low income and 0.32 RCEs per unit
657 special purpose housing
658 Mobile home space 1.0 RCE per space
659 a. Senior citizen housing shall be multifamily s~mctures of two or more
660 dwelling units within which each dwelling unit shall consist of a room or a suite of two or
661 more rooms, of which not more than one is a bedroom, for which occupancy has been
662 limited to two persons, at least one of whom is age fifty-five or older.' Forprivately
663 owned senior citizen multifamily housing, the requirements shall be contained in a
664 permit, covenant or deed restriction in which the county or a local government is granted
665 enforcement authority.
666 b. Low ihcome housing sh~dl be multifamily structures of two or more
667 dwelling units within which each dwelling unit shall consist of one room and .a bathro°m,
668 'totaling not more than three hundred sixty square feet, for which occupancy has been
669 restricted, in. at least fifty-one percent of the units, to persons with incomes not more than
670 eighty percent of the median income of the county within which the housing is
671 constructed, and for which rent is restricted.
30
Ordinance 14942
672 c. Special purpose housing shall consist of dwelling units, that may be part of a
673 larger care facility, consisting of a room or a suite of rooms, of which not more than one
674 is a bedroom for which occupancy is limited to one person who is physically or mentally
675 disabled.
676 (.1) In the case of privately owned senior citizen, low income or special
6"/7 purpose multi-family housing, the requirements shall be contained in a permit,
678 agreement, covenant or deed restriction m which the county, a local government, an
679 agency of state government or the United States government is granted enforcement
680 authority.
68~1 (2) In the case of such senior citizen, Iow income and special purpose housing
682 owned by a government or nonprofit corporation, the requirements shall be integral to the
683 'establishment of the corporation as a legal entity or a legally enforceable condition of
684 construction and operation of the housing. -
685 (3) If use of a multifamily structure that initially qualifies as senior citizen,
686 low income or special purpose hot'sing changes so that it no longer meets the criteria in
687 subsection O.2.a_., b_. and c_. (1) and (2) of this section, residential customer equivalents
688 shall then be calculated in the same manner as multi-family customers find the
68~ department Will collect the incremental difference then due.
690 d. The number of residential customer equivalents for customers other than
691 residential customers'shall be projected using edfimated hydraulic capacities or loading
692 values of plumbing fixtures and/or estimates of wastewater flow acceptable to the
693 department from other than plumbing fixtures. An appropriate schedule Of hydraulic
31
Ordinance 14942
694 capacity or loading values equating to residential customers shall be determined by'the
695 director;
696 3. The capacity charge shall be collected by the department directly from the
697 customer. The charge may be established as a monthly charge for fifteen years. The total
698 amount of the charge shall be due and payable at the time of the initial billing. The
699 customer may, however, elect to pay the charge over the fifteen-year period.
700 Each customer subject to the charge shall be billed by the department semi- _
701 annually or at such frequency as may be determined by the director. The total amount of
702 the charge, hereinafter the "total amount due", may be paid at any time. The total amount
703 due shall be the sum of all remaining payments discounted at the rate of ((eig~t)) five and
;704 one-half percent annually;
705 4. The following shall apply to capacity charge billing:
706 a. The executive shall file a report with the clerk of the council on or before
707' October 1, 2004 for distribution to the council, including members of regional water
708 quality committee, regarding options to reduce or eliminate administrative barriers to
709 notifying new ratepayers regarding their option to made a single payment of the capacity
710 charge:
711 (1) at the time of connection or before purchase and closing on a home or
712 business; and
713 {2) at the time of connection or before purchase and closing on a home or
714 business on. those occasions when the developer of the real estate has already paid an
715 initial capacity charge within six months of the connection, but the remainder of the
716 charge is still due and payable to King County;
32'
Ordinance 14942
717 b. 'Capacity charge billing to a customer shall commence as soon as possible
718 and'practical after the effective date of the sewer service provided by a local public
719 agency served by the department in accordance with the billing frequency determined by
720 the director; and
721 ((t~.)) c. Late notice to the department of commencement of sewer service to a
722 customer or failure of a customer to receive a capacity charge bill does not relieve a
723 ProPerty owner of the responsibility for payment of charges and interest;
724 5. Delinquent chpacity charge.accounts.
725 a. If a customer elects to pay over time and fails to make a payment when due,
72.6 all remaining payments shall become due and owing. An interest charge computed at an
727 annual rhte of twelve percent of the delinquent amount and a one-time penalty not more
728 than ten pement of the remainder due shall be added to the account balance; and
729 b. Whenever the capacity charge for an account plus interest charges are
730 delinquent for more than thirty days, the department shall send a notice of intention to file
731 lien to the property owner, or representative and the mortgagee, directing the property
732 owner or representative to pay the total amount due, as described in this section, no later
733 than fifteen day~ from the date of the letter or to make suitable arrangen~ents to bring the
734 account current. If the payment is not made within fifteen days or suitable arrangements.
735 have not been made, the.total amount due will be certified as delinquent and a lien will be
736 filed against the property with the treasurer of the county. A lien charge to cover the cost
737 of preparing and filing the lien in the amount of one hundred fifty dollars will be added.to
738 the delinquent amount on the date of certification of the lien to the treasurer of the
33
Ordinance 14942
739 county. Action may be taken by the department to enfome collection of the delinqfient
740 amount at any time after the charges have been delinquent for a period of sixty days.
741 The department ~s authorized to request the prosecuting attorney to bring suit for
742 foreclosure b), civil action in the superior court of the county inwhich the real property is
743 located and to request payment of its costs and disbursements as provided by statute, as
744 well as reasonable attorneys' fees. Each account that has been submitted to the
745 prosecuting attorney for foreclosure shall be charged for legal fees incurred in connection
746 with the foreclosure, even when court proceedings are unnecessary;
747 6. Local public agencies shall, at the director's request, .provide such information
748 regarding new residential customers and residential customer equivalents as may be
749 reasonable and appropriate for purposes of implementing the capacity charge; and
750 7. The director is authorized to. develop and implement such additional policies '
751 and requirements and to take such actions as may be necessary and appropriate for
752 collection of the capacity charge and administration of the capacity charge program as
753 described in this section. '
754 P. No person may connect a local public or private sewer to the metropolitan.
755 sewerage sys[em unless the local public agency or person shall then be in compliance
756 with this section.
757 -1. If any local public agency or person shall construct a local public sewer,
758 private sewer or side sewer in violation of this section, the department may issue an order
759 to the local public agency or person to stop. work in progress that is not then in
760 compliance with this section or the department may issue an order to correct work that
761 has been performed. The local public agency or person shall immediately take the action
34
Ordinance'14942
762 as may be necessary to comply with the order and with this section, all at the expense of
763 the IQcal public agency or person.
764 2. Othe~ penalties.
765 a. Any person failing to comply with or violating this section or rules and
766 regulations developed by the director under this section shall, for each such a failure or
767 ' violation, be subject to a fine in an amount not exceeding two thousand dollars for each
768 separate failure or violation under this section.
769 b. The director may order the owner of any property from which prohibited
770 discharges are entering any sewer to correct the condition, provided that if the property of
771 the owner lies within a local public agency, the director shall first give written notice of
772 the prohibited discharge to the local public agency, and only if the local public agency
773 fails to correct the condition within ninety days after receipt of the notice, may the
'774 director directly order the owner to correct the condition.
775 I~ any owner shall not cause the condition to be corrected within thirty days
776 following receipt of the department order, the department may proceed to enter upon the
777 property and correct the condition, and the cost thereof together with a penalty of fifty
778 dollars shall be a lien upon the property to be enforced in the manner provided by law for
779 liens for local sewage chgrges,
· 780 c. Any person who shall damage, destroy or deface any structure,
781 appurtenance, equipment or property of the metropolitan sewerage system shall be fined
35
Ordinance 14942
782 in an amount not exceeding three hundred dollars, and shall be liable for double tho
783 actual cost of restoration or repair or double the actual amount of any in-epm-able damage.
784
Ordinance 14942 was introduced on 4/12/2004 and passed as amended by the
Metropolitan King County Council on 6/14/2004, by the following vote:
Yes: 12 - Mr. Phillips, Mr. yon Reichbauei:, Ms. Lambert, Mr. Pelz, Mr.
McKenna, Mr, Ferguson, Mr. Hammond, Mr. Gossett, Ms..Hague, Mr. Irons,
Ms. Patterson and Mr. Constantine
No: 1 - Ms. Edmonds
Excused: 0
KING COUNTY COUNCIL
-- L,arry t~nnllps~nalr~ r~o
ATTEST: ~ c:=
Anne Nods, Clerk of the Council .tm ~' ~:
. Attachments A. Wastewater Treatment Enterprise 2005 Rate Financial Plan June 14, 2004: '
36
Wastewater Treatment Enterprise 2005 Rate Financial plan
Utilities Committee
August 17, 2004
Present: Pam Carter, Chair; Para Linder, Dennis Robertson
Frank Iriarte, Bob Giberson, Gail Labanara, Ryan Larson, Mike Cusick, Pat
Brodin, Lucy Lanterbach
.~1. Metro King County 2005 Sewer Rate Increase Metro is increasing its 2005
sewer
charges
for service and for new connections. They have been charging for new connections since 1990,'
and those rates will go up again next year. Generally people pay the host up front or over 15
years. There will be a 9% increase in monthly sewer rates, resulting ~n an average charge of
$32.60 per single-family house in 2005. The connection fee is increasing from $18 per month to
$34.05. Pam C noted it is Citypolicy to pass on ancreases from Metro. Recommend ordinance
to COW and Regular Meetings.
2. 2004 Small Drainage Bid Award Dennis Craig, Inc. won the contract for the small drainage
projects for this year. There are seven projects, including the S. 180th Street underpass drainage
repair. There was not a map of where the other six projects were, and staffpromised there would
be a map when it went to Council. Dennis asked for a rough cost of each of the projects. Funding
for the projects will come from the street fund, although staffis working to get the S. lg0th
project funded separately. The lowest price was higher than the engineer's estimate.
Recommend bid award to COW and Council for approval.
3. Fort Dent Storm water Pump Station #19 The City tried to repair Pump Station 19, but it
was too far gone to be repaired. Replacement of the pump station was needed, and some
associated drainage improvements were added. Drainage from the parking lot that now goes to
the river will be diverted to the pond, and will be cleaned a little more than currently. The
winning bid from Western Engineering Constructors, Inc. for $221,588.17 was quite a bit lower
than the engineer's estimate. Recommend bid award to COW and Regular Meeting for
approval.
4. Fort Dent Storm water Construction Services Penhallegon Associates Consulting
Engineers, Inc. (PACE) won the contract to design the improvements needed at Fort Dent
drainage. Staffwould normally do this, but they are too busy to be able to do that just now. The
$50,078 contract will cover about 65 working days in a 90-day period. Dennis thought it was
expensive, but he realized staffcouldn't afford to do it. Recommend bid award to COW and
Regular Meeting for approval.
5. Information Notices Committee members appreciated seeing what the citizens will see in
the Hazelnut. They changed the open house in Allentown from 7-9 to 6-8 October 6th.
Information.
6. Other. Pam C raised the issue of dead plantings on S. 51st near Bonsai. Staff said they
thought it was past the time the contractor had to keep them afive, but said they would check.
Information.
-C,5)C~ommittee Chair apprOvai