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Title 24
UTILITIES CODES

Chapters:

24.02 Water Utility Code

24.04 Sewer Utility Code

24.06 Storm and Surface Water Utility Code

24.08 Repealed

24.10 Utility Service Charge Relief

Chapter 24.02
WATER UTILITY CODE

Sections:

24.02.010 Title.

24.02.020 Purpose.

24.02.030 Territorial application.

24.02.040 Construction – Intent.

24.02.050 Definitions.

24.02.060 Authority of the utility.

24.02.065 Duty to serve.

24.02.067 Service interruptions.

24.02.070 Water system plan.

24.02.080 Emergency plan.

24.02.090 Water shortage contingency plan.

24.02.100 Connections or modifications to the water system.

24.02.115 System ownership.

24.02.120 Permits – Approvals.

24.02.125 Repealed.

24.02.130 Engineering and design requirements.

24.02.140 Installation responsibility.

24.02.150 Latecomer agreements.

24.02.160 Water easement requirements.

24.02.170 Construction requirements.

24.02.175 Construction and warranty inspections and tests.

24.02.180 Water quality programs.

24.02.190 Cross-connection abatement and control.

24.02.200 Water conservation – Waste of water.

24.02.205 Landscape and irrigation water budgeting requirements.

24.02.210 Repealed.

24.02.215 Maintenance of water system.

24.02.220 Existing system inspections.

24.02.230 Interconnection with adjacent water systems.

24.02.240 Regulations of other agencies.

24.02.250 Fees for permits/approvals – Specific services.

24.02.260 Connection charges.

24.02.270 Water rates.

24.02.275 Capital recovery charges.

24.02.280 Violations – Penalties.

24.02.010 Title.

This chapter shall be known as the water utility code and shall be referred to herein as the “code.” (Ord. 4751 § 3, 1995.)

24.02.020 Purpose.

The purpose of this code is to provide for the planning, security, design, construction, use, maintenance, repair and inspection of public and private water systems; establish programs and regulations to assure the quality of the water in such systems as well as provide for the efficient and conservative use of such water; and provide for the enforcement of the provisions of this code. (Ord. 5506 § 1, 2003; Ord. 4751 § 3, 1995.)

24.02.030 Territorial application.

This code shall be in effect throughout the utility service area, as defined in BCC 24.02.050(V). (Ord. 4751 § 3, 1995.)

24.02.040 Construction – Intent.

This code is enacted as an exercise of the police power of the city of Bellevue to protect and preserve the public health, safety and welfare; its provisions shall be liberally construed to accomplish this purpose.

It is expressly the purpose of this code to provide for and to promote the health, safety and welfare of the general public and not to create or otherwise establish or designate any particular class or group of persons who will or should be especially protected or benefitted thereby.

It is the specific intent of this code to place the obligation of compliance upon the owner/operator. Nothing contained in this code is intended to be or shall be construed to create or form the basis for liability on the part of the city of Bellevue, its utility, officers, employees or agents for any injury or damage resulting from the failure of the owner or operator of any private system to comply with the provisions of this code, or by reason or in consequence of any act or omission in connection with the implementation or enforcement of this code by the city of Bellevue, its utility, officers, employees or agents. (Ord. 4751 § 3, 1995.)

24.02.050 Definitions.

The following words and phrases, when used in this code, shall have the following meanings:

A. “As-built” means a final drawing of the actual installation of structures, materials and equipment.

B. “Backflow” means the flow of contaminated water or other liquids, gases or substances into the potable water supply.

C. “Backflow prevention assembly” means an assembly which prohibits the backflow of water into the potable water supply.

D. “Capital recovery charge” means a monthly charge imposed on improvements, developments, redevelopments or existing structures that place additional demand on each utility system after January 1, 1997. The capital recovery charge shall be based on an allocation of the utility plant in-service costs plus interest and the number of single-family equivalents served by each utility.

E. “Connection charges” means charges imposed as a condition of providing utility service so that each connecting property bears its equitable share of the costs of the public water system and the utility’s share of the cost of any regional water supply system and of the costs of facilities that benefit the property. Connection charges include latecomer charges, capital recovery charges, regional water supply system charges and direct facilities charges.

F. “Cross-connection” means any physical arrangement in a public or private water system or plumbing system where the potable water supply is connected, directly or indirectly, with a real or potential source of contamination.

G. “Cross-connection control” means a backflow prevention assembly, air gap or other control designed to prevent backflow from a cross-connection.

H. “Director” means the director of the Bellevue utilities department, or his/her designated representative, or other person designated by the city manager.

I. “Emergency” means any natural or human-caused event or set of circumstances which disrupts or threatens to disrupt or endanger the operation, structural integrity or safety of the public water system; constitutes an immediate health hazard to the potability of the utility’s water supply or endangers the health and safety of the public; or otherwise requires immediate action by the utility.

J. “Engineering standards” means the city of Bellevue utility engineering standards which include minimum requirements for the design and construction of water, storm and surface water drainage and sanitary sewer facilities.

K. “Fire hydrant assembly” means a fire hydrant and the piping and valve to connect it to a water main.

L. “Fire sprinkler system” means a privately owned and maintained system used for fire extinguishment only, including piping and appurtenances inside and outside a building but excluding fire hydrant assemblies.

M. “Irrigation systems” means any means of applying water to landscaped areas.

N. “Low-volume irrigation systems” means automatic irrigation systems, such as drip systems, micro-spray bubblers and soaker hoses that apply water directly to the root zone(s) of landscape plants only, in contrast to irrigation systems, such as those with overhead or broadcast nozzles, that apply water to all surfaces within the landscape.

O. “Potable water system” means any part of the public water system or of a private water system that carries potable water.

P. “Private water system” means any part of the water system that is not part of the public water system.

Q. “Property owner” means any individual, company, partnership, joint venture, corporation, association, society or group that owns or has a contractual interest in the subject property or has been authorized by the owner to act on his/her behalf.

R. “Public water system” means all pipes, pump stations, reservoirs, valves and appurtenances that are owned by the utility for the delivery of potable water. The public water system does not include those facilities located on the customer side of meters, or the customer side of backflow prevention assemblies on meterless fire services and serving individual properties.

S. “Service connection.” See “water service.”

T. “Redevelopment” means any site improvement that requires installation of water facilities greater than two inches in diameter to meet fire and/or domestic water pressure and flow requirements, or relocation of such existing facilities, except that facilities for the sole purpose of upgrading a backflow prevention assembly or retrofitting an internal fire sprinkler system are exempt. Construction of any new building(s) or any property subdivision is defined as new development rather than redevelopment, regardless of prior use of the site.

U. “Regional water supply system” means any existing or planned water supply facilities or other assets which are owned by a regional water supply agency and which are utilized to provide water supply to the utility.

V. “Unsafe condition” means any condition on any premises, or in any private water system thereon, that is a hazard to public health or safety, that does or may impair or impede the operation or functioning of any portion of the public water system, or that may cause damage thereto.

W. “Utility” means the water utility component of the waterworks utility of the city of Bellevue, administered as a part of the Bellevue utilities department, pursuant to Chapter 3.38 BCC.

X. “Utility service area” means that service area defined in the East King County Coordinated Water Supply Plan (EKCCWSP) adopted by King County in June 1990, and approved by the city council pursuant to Resolution No. 5249, and as may be expanded through subsequent interlocal agreements, annexations and special utility district assumptions.

Y. “Water emergency” means that period of time during which water is not available or its availability is limited due to shortages in supply, interruptions in the water transmission or distribution systems, contamination of water supplies, or other conditions where use restrictions or prohibitions are necessary in order to efficiently and effectively safeguard the safety and health of the general public and to provide water for essential public uses.

Z. “Water facility” means any facility for the conveyance or storage of water and related appurtenances, whether part of the public water system or a private water system that is connected to or intended to be connected to the public water system.

AA. “Water main” means a water pipe that is part of the public or private water system used for the transmission and distribution of potable water, excluding service connections, fire hydrant assemblies and fire sprinkler systems.

BB. “Water service” (also called a service, water service connection or service connection) means the pipe and appurtenances used to provide potable water to an individual building or irrigation system, including the water service line (the pipe extending from the water main to the meter setter), meter setter, meter box, meter and miscellaneous fittings.

CC. “Water system” means the entire water system within the utility service area comprised of the public water system and the private water system.

DD. “Water system plan” means the water system comprehensive plan for the utility as adopted by Resolution No. 6273, as now or hereafter amended. (Ord. 5506 § 1, 2003; Ord. 5427 §§ 1, 2, 2002; Ord. 4951 §§ 1, 2, 1996; Ord. 4751 § 3, 1995.)

24.02.060 Authority of the utility.

The utility, by and through its director, shall have the authority to:

A. Develop, adopt and carry out procedures as needed to implement this code and to carry out other responsibilities of the utility, including, but not limited to, procedures pertaining to the billing and collection of water consumption charges, water service charges and all other fees and charges imposed pursuant to this code, and procedures for periodic adjustment of fees and charges imposed pursuant to this code.

B. Prepare and update, as needed, engineering standards to establish minimum requirements for the design and construction of water facilities and requirements for protecting existing facilities during construction. The engineering standards shall be consistent with this code and adopted city policies.

C. Administer and enforce this code and all procedures relating to the planning, acquisition, security, design, construction, inspection, maintenance, management, operation and alteration of the public water system, including capital improvements, and relating to the design, construction and inspection of private water systems.

D. Enter into any contracts pursuant to Chapter 35.91 RCW, the Municipal Water and Sewer Facilities Act, including contracts which provide for the reimbursement of owners constructing facilities (latecomer agreements) and agreements with private property owners for the extension of the public water system (system extension agreements).

E. Advise the city council, city manager and other city departments and commissions on matters relating to the utility.

F. Initiate and manage programs to further the water quality requirements and objectives of the utility including inspection of public and private property to identify and eliminate potential sources of contamination of the public water system and including inspection of backflow prevention assemblies installed to separate or isolate premises from the public water system.

G. Develop and implement programs and restrictions related to water use, including the comprehensive water conservation program, landscape water budgeting requirements, irrigation system design and performance requirements, and a water shortage contingency plan to be implemented during water shortages caused by weather or by system failure.

H. Prepare and recommend the water system plan referenced in BCC 24.02.070, and revisions thereto, for adoption by the city council and implementation by the utility.

I. Carry out other responsibilities as required by this code or other city codes, ordinances or regulations consistent with the Bellevue comprehensive plan.

J. Shut off water to any utility customer who is violating any provision of this code to the extent permitted by law.

K. Perform or direct the performance of financial review and analysis of the utility’s revenues, expenses, indebtedness, rates and accounting and recommend budgets, rates and financial policy for adoption by the city council. (Ord. 5506 § 1, 2003; Ord. 4751 § 3, 1995.)

24.02.065 Duty to serve.

The utility is responsible for providing water service to all customers within the utility service area subject to the requirements of this code, other provisions of the Bellevue City Code and applicable state law. This responsibility is separate from contractual obligations to provide water service outside the utility service area. (Ord. 4751 § 3, 1995.)

24.02.067 Service interruptions.

Notwithstanding BCC 24.02.065, the utility does not guarantee that water will be continuously available within the utility service area. Water may be temporarily unavailable due to a system failure, emergency, construction or maintenance or other unforeseen circumstance. (Ord. 4751 § 3, 1995.)

24.02.070 Water system plan.

A water system plan, also referred to as the city’s water comprehensive plan, shall be developed by the utility for review and adoption by the city council as required by state law. The utility shall recommend supplements or updated plans for adoption by the city council as needed. (Ord. 4751 § 3, 1995.)

24.02.080 Emergency plan.

The utility will prepare and update an emergency plan, as required by state law, as part of the city’s emergency operation plan, for review and adoption by the city council. (Ord. 4751 § 3, 1995.)

24.02.090 Water shortage contingency plan.

The utility shall develop, maintain and implement as necessary, a water shortage contingency plan to respond to anticipated or actual water supply shortages resulting from weather conditions, regional water system failure and/or local public water system failure. The director is authorized to implement the water shortage contingency plan at such times as the city’s water supply is threatened by or experiencing a water supply shortage. Within the framework of the water shortage contingency plan, the director may impose restrictions and/or limitations on the use of water by type of use, customer class or geographic area depending upon the nature and extent of the water supply shortage. A rate surcharge may be imposed pursuant to BCC 24.02.270(F). (Ord. 4751 § 3, 1995.)

24.02.100 Connections or modifications to the water system.

Connections or modifications to the public water system or to a private water system, including, but not limited to, extension of water mains, new service, meter size, location and grade changes, abandonment or removal of any structure connected to the public water system, and temporary connections to a fire hydrant, shall be allowed only if:

A. Approval has been received from the utility (see BCC 24.02.120); and

B. All applicable requirements of this code and utility procedures have been met; and

C. All applicable engineering standards have been met or alternate standards have been approved by the utility as substantially equal; and

D. The property owner has paid all applicable fees and charges; and

E. The water is delivered from the utility to the user via a meter owned by the utility, except for fire sprinkler systems over two inches in diameter and except for authorized temporary use of fire hydrants through adapters under two inches in diameter; and

F. Any private wells serving the property are disconnected from the potable water supply; and

G. Any existing nonreusable water services are abandoned; and

H. The property is within the utility service area or within an area served by the utility through agreement with another jurisdiction. (Ord. 5506 § 1, 2003; Ord. 4751 § 3, 1995.)

24.02.115 System ownership.

A. Utility Ownership of Water Facilities.

1. The utility owns all water facilities in public right-of-way and in easements dedicated to and accepted by the utility, up to and including the meter, except to the extent that private ownership is otherwise indicated as a matter of record. Such facilities typically include:

a. Meters and all facilities connecting meters with water mains;

b. Water mains;

c. Fire hydrant assemblies;

d. Reservoirs, pumping stations, inlet meters, pressure reducing valve stations and other appurtenances intended to serve the general public;

e. The valve separating the public water system from a private fire sprinkler system.

2. The utility may acquire existing private facilities, provided that:

a. Ownership of the facility would provide a public benefit; and

b. Necessary and appropriate property rights are offered by the property owner at no cost to the utility; and

c. The facility substantially meets current engineering standards, as determined by the utility, or is brought up to current engineering standards by the owner; and

d. The utility has adequate resources to maintain the facility; and

e. The facility is transferred to the utility by bill of sale at no cost to the utility. (Ord. 4751 § 3, 1995.)

24.02.120 Permits – Approvals.

A. General. The utility shall administratively determine submittal requirements for all utility permits and approvals.

B. Application for Water Service. An application for water service is required to initiate a new or upgraded connection to the public water system or a meter set that is two inches in diameter or smaller.

C. Water System Extension Agreement.

1. The property owner and the utility shall enter into a water system extension agreement whenever any of the water facilities that must be installed to serve the property are greater than two inches in diameter. The water system extension agreement shall provide for the property owner to build all the water facilities needed to serve the property. These facilities may include meters and water services of any size, fire hydrant assemblies, fire sprinkler systems, water main extensions and/or other system components.

2. The utility shall approve constructed facilities as complete once the facilities have been built according to the approved plans and specifications, as confirmed by utility inspectors; as-built drawings have been completed as specified in the engineering standards; and all applicable fees and charges have been paid.

3. The property owner shall be required to provide surety devices, in a form approved by the city: for water system extensions in city right-of-way; for connections to the water main during construction and for a one-year warranty period following acceptance by the city.

4. When a water system extension agreement is required to serve a proposed commercial or multifamily building, the utility will not sign off on the building permit until the system extension agreement has been initiated. When a water system extension agreement is required to relocate a water main from under a proposed building, the utility will not sign off on the building permit until the system extension has been completed and has been accepted by the utility, unless the building permit is conditioned to require relocation prior to site construction.

D. Approval for Single Fire Hydrant Installation. The utility may allow relocation or upgrade of a single fire hydrant through an administrative process rather than through a water system extension agreement, provided that proof of insurance and a surety device acceptable to the utility are furnished to the utility and all review and inspection fees are paid. A one-year warranty period shall be required.

E. Fire Hydrant Use Permit. A fire hydrant use permit is required to use water provided through fire hydrants. Each fire hydrant use permit expires at the end of the calendar year and must be renewed annually. A fire hydrant use permit will be issued only if the applicant demonstrates need and agrees in writing to the following conditions:

1. Water may be drawn from the fire hydrant only through hydrant meters or adapters owned by the utility, except the customer may supply his/her own hydrant adapter for tank lot sales.

2. Truck or tank backflow assemblies for tank lot sales are subject to utility approval. The customer must pass a utility cross-connection inspection prior to permit issuance.

3. Persons issued fire hydrant use permits must:

a. Return utility-owned equipment in good condition by the date specified and compensate the utility for any loss or damage.

b. For tank lot sales, the customer must report the number of tank lots purchased.

4. Tank trucks may only draw water from fire hydrants designated by the utility for this purpose.

5. The utility may suspend fire hydrant use permits during water emergencies or if the customer violates any of the conditions listed under this subsection E.

F. Approvals for Landscape Water Budgets and Irrigation System Design. When required by BCC 24.02.200 and/or 24.02.205, the owner’s landscape and/or irrigation designer shall submit calculations and certification statements for utility review and approval.

G. Other Permits. It is the property owner’s responsibility to identify and obtain all permits/approvals required for any proposed work.

H. Temporary Water Service Agreement. Any single-family residential property owner may request temporary water service if permanent facilities, that is, facilities that meet all code requirements (such as for system gridding) are not available. The utility may provide temporary single-family residential water service through a temporary water service agreement, which shall:

1. Calculate and collect the property owner’s “fair share” costs for installing permanent water facilities. When the property is not fully developed and therefore is subject to redevelopment, the city shall collect only the developed portion’s fair share cost at that time. When the property redevelops, the property owner must build the permanent water facilities, or if they are already built, must pay the remaining fair share costs. If a private property owner builds the permanent facilities, he/she will be paid the fair share costs that were collected under the temporary water service agreement plus accrued interest. Interest will be at a rate set by the city treasurer consistent with how interest rates are set for connection charges. Total interest may not exceed the principal amount of the charge.

2. Establish a time limit for connecting to the permanent service once it is available.

3. Indicate that the temporary water service agreement does not guarantee the availability of water for fire protection.

4. Specify that the agreement is a covenant which runs with the land and is binding on the owners and their successors.

5. Be recorded with King County against the property on which the facilities are located. (Ord. 5506 § 1, 2003; Ord. 5298 § 1, 2001; Ord. 4751 § 3, 1995.)

24.02.125 Demolition or removal of structures.

Repealed by Ord. 5506. (Ord. 4751 § 3, 1995.)

24.02.130 Engineering and design requirements.

A. General.

1. The property owner is responsible for water system design.

2. The water system designer must be a civil engineer licensed in the state of Washington and qualified by both experience and educational background in the design of water facilities.

3. Engineering and design shall conform to the engineering standards.

4. Water facilities in a designated coal mine area are subject to additional design requirements; see the coal mine area subdivision, development and building permit regulations adopted by Resolution No. 5712.

B. Water Facility Requirements.

1. Whenever property is developed or redeveloped in any way such that water demand or use is altered, new water facilities are required whenever necessary to:

a. Meet fire flow and other fire protection requirements, including the number and location of fire hydrants and fire sprinkler components, as determined by the fire marshal’s office of the jurisdiction in which the project is located.

b. Meet domestic and irrigation flow requirements. See the engineering standards.

c. Meet pressure requirements. See the engineering standards.

d. Replace or relocate existing facilities as required or authorized by the utility.

2. Whenever property is developed or redeveloped, water mains shall be extended through and to the extremes of the property being developed as required by the utility when needed for the orderly extension or efficient gridding of the public water system.

C. Water Service Design.

1. Water services shall be designed in accordance with the engineering standards.

2. Each separate building is required to have its own water service, except detached garages, sheds and guest houses on the same single-family residential parcel.

D. Cross-Connection Control. All connections to the public water system shall comply with the backflow prevention requirements of BCC 24.02.190. (Ord. 5506 § 1, 2003; Ord. 4751 § 3, 1995.)

24.02.140 Installation responsibility.

A. Utility Installation.

1. The utility shall install meters two inches or less in diameter provided the owner pays all applicable costs, fees and charges pursuant to BCC 24.02.250.

2. The utility may install water services two inches and smaller in diameter, where services are not provided through a water system extension agreement pursuant to BCC 24.02.120(C), provided the owner agrees to pay all costs, fees and charges pursuant to BCC 24.02.250.

B. Property Owner Installation. The property owner shall install all water facilities required by this code to serve the property when any of the required facilities are larger than two inches in diameter. The property owner may install water services two inches and smaller in diameter upon approval by the utility. Installation shall be through a water system extension agreement. See BCC 24.02.120(C).

C. Costs. The property owner shall be responsible for all installation costs regardless of whether the work is done by the utility or by the owner, provided that:

1. If the utility requires a property owner to oversize a water facility for reasons other than fire protection purposes or to adequately serve the owner’s property, the utility will compensate the property owner for the difference in cost between the normally sized water facility and the oversized water facility, based on the lowest of three bids from reputable licensed contractors furnished by the property owner.

2. An owner who constructs a water system extension that directly benefits a property in addition to the owner’s may request a latecomer agreement in order to be reimbursed from benefiting properties that connect to the extension during the agreement’s duration. See BCC 24.02.150 regarding latecomer agreements.

3. If the city chooses to install water facilities to facilitate development, coordinate with other city projects, or for other utility purposes, it may recover its costs, including interest, through a connection charge. (Ord. 5506 § 1, 2003; Ord. 4751 § 3, 1995.)

24.02.150 Latecomer agreements.

A. General. The utility may enter into any contracts authorized by Chapter 35.91 RCW, the Municipal Water and Sewer Facilities Act, including contracts which provide for the reimbursement of property owners constructing public facilities, commonly known as latecomer agreements.

B. Requesting a Latecomer Agreement. A property owner may request a Latecomer Agreement if the owner constructs a public water facility that benefits property in addition to the owner’s property and it is not feasible for the owner to include such other property owner in the water system extension agreement. The request must be made in writing and unit costs must be provided before the utility accepts the facility.

C. Zone of Benefit. The utility will determine what properties benefit from the public water facility and shall be subject to the latecomer agreement.

D. Method of Cost Allocation. The utility will determine the method of cost allocation used.

E. Recording. The utility will record the latecomer agreement with King County against the benefitting properties, at the property owner’s expense.

F. Cost to Latecomer. As a condition of connection to the public water facility, each latecomer shall pay, at the time of connection, his/her pro rata share of the construction costs of the water facility, which are determined by the utility and specified in the latecomer agreement. Construction costs shall include but are not limited to design, installation, inspection, construction management, interest and the utility’s project management costs.

G. Agreement Duration. Latecomer agreements may be in effect for up to 15 years following acceptance of the water facility.

H. Forwarding Latecomer Payment. While the latecomer agreement is in effect, the utility will collect the latecomer payments and forward them to the property owner who paid for the water facility, as specified in the agreement. (Ord. 4751 § 3, 1995.)

24.02.160 Water easement requirements.

A. When Required. An easement is required whenever a public water facility will be built on private property and whenever a private water facility will be built on property owned by a different private party.

B. Requirements. All of the following requirements shall be met before the city will accept and approve any easement:

1. Clear title in the grantor shall be demonstrated; and

2. The easement shall be consistent with utility clearance standards and setback standards and with other utilities or easements. The utility may require the easement to exclude other utilities and uses if necessary to protect the public water system and shall contain provisions for long-term maintenance; and

3. The easement shall provide access to the facility for repair and maintenance. When deemed necessary by the utility, the easement shall contain provisions for long-term maintenance; and

4. The easement must prohibit all structures within the easement area except those which can readily be removed by the structure’s owner at the owner’s expense when access to the water facility is required by the utility. If such structures are in the easement, an agreement with the utility to remove the structure on request shall be recorded; and

5. The easement dimensions and other requirements shall be consistent with the engineering standards.

C. Costs. The property owner shall pay all costs of providing or obtaining and recording the easement.

D. Relinquishment of Easement. An easement granted to the utility may be relinquished only if the utility determines it is no longer needed and the city council authorizes the relinquishment. (Ord. 4751 § 3, 1995.)

24.02.170 Construction requirements.

A. General. When constructing or modifying water facilities, compliance is required with this code, the engineering standards, the approved permit, plans and specifications, the terms of any water system extension agreement, the recommendations of the manufacturer of the materials or equipment used and any applicable local, state or federal requirements.

B. Safety Requirements. Utility staff will perform inspections only if shoring and other site conditions conforms with WISHA safety standards and other safety requirements, as applicable.

C. Failure to Complete Work or Meet Requirements.

1. The utility may complete water facility construction begun by a property owner or contractor, or take steps to restore the site (such as backfilling trenches and restoring the public way) if the work does not meet the requirements of this code, the engineering standard and other applicable utility requirements, the contractor or person doing the work fails to rectify the problem following notification by the utility; and the work, in the opinion of the utility, constitutes a hazard to public safety, health or the public water system.

2. Utility costs incurred pursuant to subsection (C)(1) of this section shall be calculated pursuant to BCC 24.02.250(B) and charged to the owner or contractor in charge of such work. The permittee shall pay the utility immediately after written notification is delivered to the responsible parties or posted at the location of the work. Such costs shall constitute a civil debt owing to the utility jointly and severally by such persons who have been given notice as herein provided. The debt shall be collectable in the same manner as any other civil debt owing the utility.

3. If, in the opinion of the director, the work being performed is not in accordance with these codes or engineering standards and the permittee is unwilling to change or correct the deficiencies, the director may issue a stop work order until the deficiencies are corrected. (Ord. 5506 § 1, 2003; Ord. 4751 § 3, 1995.)

24.02.175 Construction and warranty inspections and tests.

A. Construction/Installation Inspection.

1. All projects permitted or approved by the utility under a water system extension agreement or other permit are subject to utility inspection to ensure compliance with the code and permit/approval conditions. As a condition of permit issuance or extension agreement, the applicant shall consent to inspection and testing.

2. Newly installed water facilities shall be inspected, tested, and documentation completed according to the engineering standards and procedures.

3. Newly installed or relocated backflow prevention assemblies shall be inspected, tested, and certified pursuant to the requirements of BCC 24.02.190(D).

4. The quality, taste and odor of water drawn from new water mains shall be the same as the quality, taste and odor of water in the existing facility classed as acceptable for use by the utility. Should the water not be acceptable in quality, taste or odor, required steps as approved by the utility shall be taken to attain acceptable water quality standards.

B. Warranty Inspections and Tests. Facilities and equipment accepted by the utility under specific warranties may be reinspected at the utility’s discretion and, if necessary, retested prior to the expiration of the warranty period. (Ord. 5506 § 1, 2003; Ord. 4751 § 3, 1995.)

24.02.180 Water quality programs.

A. General Requirements. The utility shall initiate and carry out any water quality testing, monitoring, maintenance, corrective activities or other activities necessary to ensure that the city’s public drinking water meets or exceeds drinking water standards and other requirements of Chapter 246-290 WAC, the Washington State Health Department’s Rules that Govern Group A Public Water Systems, the Federal Safe Drinking Water Act and any other applicable federal, state or local requirement for public drinking water, as now or hereafter amended.

B. Implementation of Water Quality Programs. To maintain water quality in the most effective and efficient manner, the utility may initiate, implement and carry out any required or necessary water quality testing, monitoring, maintenance, or corrective activities or programs locally, jointly with the Seattle water department, jointly with other state water purveyors; or jointly with other federal, state or local agencies having jurisdiction within the city’s water service area. (Ord. 4751 § 3, 1995.)

24.02.190 Cross-connection abatement and control.

A. General.

1. The utility shall initiate and carry out a cross-connection abatement and control program in conformance with state law by establishing and maintaining minimum requirements for the installation, inspection, testing, certification and maintenance of backflow prevention assemblies. The program shall meet the minimum requirements of WAC 246-290-490 and the latest edition of the Uniform Plumbing Code adopted by the city.

2. The utility hereby adopts by reference the standards and requirements of WAC 246-290-490, as now or hereafter amended.

B. Approved Backflow Prevention Assemblies. Only those backflow prevention assemblies and controls identified in the most recent current edition of Approved Cross Connection Control Assemblies, published by the Washington State Department of Health, shall be approved for installation.

C. New or Upgraded Cross-Connection Control Requirements.

1. In situations where there is an existing water service or use and the water supply is protected from cross-connection by a nonconforming backflow prevention assembly (i.e., an assembly that does not meet the current standards and requirements of WAC 246-290-490 or this code), the existing nonconforming backflow prevention assembly shall, at the owner’s risk, be allowed to remain in service only if:

a. At the time the backflow prevention assembly was installed the assembly was a state-approved backflow prevention assembly; and

b. At the time the backflow prevention assembly was installed its installation was approved by the city as appropriate for the degree of hazard; and

c. The backflow prevention assembly does not meet the criteria for upgrading as required in subsection (C)(2) of this section.

2. All existing nonconforming backflow prevention assemblies shall be replaced and upgraded to current standards at such time as any of the following conditions exist:

a. The assembly fails to operate properly;

b. The assembly fails required annual testing and certification;

c. The assembly requires continual and excessive repair or maintenance;

d. The degree of hazard at the premises increases from that which existed at the time the assembly was installed; or

e. The water service, fire sprinkler system or plumbing are, or have been, modified.

3. When the utility discovers previously unknown and/or unprotected cross-connections, the utility shall notify the property owner of the cross-connection, the degree of hazard, and the cross-connection abatement and control measures required. The property owner shall make provision to implement all required abatement and control measures within the time frame specified by the utility subject to the enforcement provisions of BCC 24.02.250 or state law.

D. Inspection, Testing and Certification Requirements.

1. All newly installed or relocated backflow prevention assemblies shall be inspected, tested and certified by the utility, except that newly installed irrigation system backflow prevention assemblies may be tested by a certified private backflow prevention assembly tester following city inspection of assembly installation.

2. All backflow prevention assemblies shall be inspected, tested and certified annually by the utility or a private backflow prevention assembly tester certified by the Washington State Department of Health.

E. Costs and Fees. The property owner shall be responsible for paying all utility costs and fees associated with the installation, inspection, testing, certification, repair, replacement or upgrade of backflow prevention assemblies. See BCC 24.02.250 regarding fees. (Ord. 4751 § 3, 1995.)

24.02.200 Water conservation – Waste of water.

The waste of water supplied by the utility is prohibited at all times. Waste of water includes, but is not limited to, continuous application of water to lawns or landscaping which results in excessive puddling or runoff of water, failure to repair leaking water service lines and irrigation systems, application of water to impervious surfaces other than for cleaning purposes, and all other applications of domestic water which do not result in a beneficial use of the city’s public water supply. (Ord. 5506 § 1, 2003; Ord. 4751 § 3, 1995.)

24.02.205 Landscape and irrigation water budgeting requirements.

A. Applicability. The water budgeting requirements of this section shall apply to new or modified landscaping whenever new or modified landscaping is required by the Land Use Code or proposed by the property owner except that the following shall be exempt from such requirements.

1. Single-family residential lots; provided, that community area landscaping installed by the developer is not exempt.

2. Any project with a total landscape area of less than 500 square feet. If a project is constructed in phases, the total landscape area shall include the total area of all phases.

3. Those portions of a site irrigated with water that is not supplied by the utility.

4. Turf portions of public athletic facilities where turf provides a playing surface and turf portions of public access land used for purposes of public recreation and activities, such as but not limited to outdoor assemblies, picnicking, unstructured sports fields and sunbathing. However, this exemption applies only if the applicant submits a statement designating such turf areas and specifying additional water needs above the irrigation water budget. The additional irrigation water needs shall be based upon the evapotranspiration information for the turf-grass species or species mix designated for the turf area.

5. Those portions of privately owned properties where athletic and recreation facilities, as identified by subsection (A)(4) of this section, are installed for use by the general public. However, this exemption applies only if the applicant submits a statement designating such area(s) as open to the public.

B. Water Budget Requirements. For each proposed landscape design not exempted by subsection A of this section, a state-registered landscape architect, Washington certified nurseryman (WCN) or Washington certified landscaper (WCL) shall certify that the estimated annual water use will not exceed the irrigation water budget, as calculated pursuant to the methodology contained in the engineering standards. Copies of the supporting calculations shall be submitted to the utility.

C. Landscape Management. All landscaped areas designed to meet water budget requirements shall be installed, operated and maintained such that the allowed annual water use is not exceeded.

D. All proposed new irrigation systems that will be connected to the public water system shall be designed in accordance with the engineering standards. (Ord. 5506 § 1, 2003; Ord. 4751 § 3, 1995.)

24.02.210 Irrigation system design and performance requirements.

Repealed by Ord. 5506. (Ord. 4825 § 5, 1995; Ord. 4751 § 3, 1995.)

24.02.215 Maintenance of water system.

The utility has responsibility for maintenance of the public water system unless otherwise provided by agreement, local ordinance or state law. Owners of private water systems are solely responsible for maintenance and operation of such private systems. (Ord. 4751 § 3, 1995.)

24.02.220 Existing system inspections.

The utility may enter private property at all reasonable times to conduct inspections, tests or to carry out other duties imposed by the code, provided the utility shall first obtain consent from the property owner or person responsible for the premises upon presentation of proper credentials to that person. If entry is refused or cannot be obtained, the director shall have recourse to every remedy provided by law to secure entry. (Ord. 4751 § 3, 1995.)

24.02.230 Interconnection with adjacent water systems.

The utility may provide water service to adjacent public or private water systems when needed in case of failure of physical system components such as pump failure or a reservoir out of service or similar temporary circumstance, where facilities exist for such interconnection. In such case, the utility shall bill for and be paid for the water used pursuant to the established rate structure. All requirements of this code regarding water quality shall be met. The utility shall not serve as a backup supply source to neighboring water systems in case of well failure or other supply disruption unless the neighboring system compensates the utility under separate contractual agreement as a backup supply source, or unless the neighboring water system becomes a permanent utility customer, and makes payment of all appropriate fees and charges. (Ord. 4751 § 3, 1995.)

24.02.240 Regulations of other agencies.

A. General. The responsibility for determining the existence and application of local, state and federal laws and regulations pertaining to water facilities and water use remains solely with the affected property owner.

B. Regulations of King County and Other Cities and Towns. Utility customers outside the city of Bellevue are subject to city of Bellevue requirements related to water utilities unless more stringent requirements of the local jurisdiction in which such customers are located are applicable. (Ord. 4751 § 3, 1995.)

24.02.250 Fees for permits/approvals – Specific services.

A. General.

1. The director shall develop for city council review and adoption a schedule of fees and charges for all permits and other specific services provided by the utility, including:

a. Water system extension agreements;

b. Water service and meter installation, modifications or repairs;

c. Fire hydrant use permits;

d. Backflow prevention assembly inspections and tests;

e. Disconnections of unauthorized connections;

f. Turn-on and turn-off services;

g. Inspections;

h. Abandonment of existing non-reusable water services;

i. Temporary lawn watering permits during water shortages;

j. Miscellaneous maps, plans, drawings, copies and documents provided by the utility.

2. The fees referenced in this section are in addition to applicable rates for water service and connection charges.

B. Fee Amount. The fee amount for each permit, approval or specific service shall cover all the utility costs associated with that permit, approval or service, including all of the following that apply:

1. Labor, including any and all time spent on engineering, plan review, installation, properly abandoning any existing facilities, site restoration, inspection, testing, certification, as-builting of the project and legal review. Inspections and other work requested beyond normal working hours are charged based on the utility’s overtime pay practices.

2. Fees for materials or equipment issued by the utility, such as water services and meters.

3. Refundable deposits for utility-owned equipment such as fire hydrant wrenches and adapters.

4. Expenses including, but not limited to, supplies (not including office supplies), materials, equipment and tool rental, applicable state and federal taxes and any fees for permits the utility must obtain.

5. Water use, in the case of fire hydrant use permits, or estimated water use in the case of unauthorized connections.

6. Overhead, at a rate to be established by the utility pursuant to written procedures.

C. Fee Schedule. The director may adjust the schedule of fees and charges without further city council action to the extent necessary to reflect actual changes in the utility’s cost of providing the service. (Ord. 4751 § 3, 1995.)

24.02.260 Connection charges.

A. General.

1. The utility shall collect connection charges in order that each connecting property shall bear its equitable share of the cost of the public water system and the utility’s share of the cost of any regional water supply system providing water supply to the utility.

2. Connection charges shall be paid:

a. Before a property is allowed to connect to the public water system.

b. At the time of redevelopment of the property, if connection charges apply that have not yet been paid such as charges for new facilities that directly benefit the property.

3. Connection charges that have been paid as a result of prior development activities or through participation in a LID or ULID will not be reassessed.

4. The utility may enter into contracts with the owners of existing single-family residences and with the owners of redevelopment projects that meet criteria specified by the utility for payment of connection charges over time instead of as a lump sum. The utility will charge interest at a rate set by the city treasurer on any outstanding debt covered by a payment contract. A contract shall be payable in full at the time of closing upon sale of the property.

B. Direct Facilities Charges.

1. The utility shall collect direct facilities charges from property owners that directly benefit from utility-built or privately built water service facilities, except property owners who previously paid their fair share through an LID or ULID. Facilities that may be covered in a direct facilities charge include, but are not limited to, lines built from the water main to the property line, fire hydrant assemblies, pump stations, reservoirs and distribution and transmission mains.

2. The direct facilities charge is the property owner’s equitable share of the established costs of the facilities he/she benefits from. The equitable share shall include interest charges applied from the date of construction acceptance of the facility until the property connects, or for a period not to exceed 10 years, whichever is less, at a rate commensurate with the rate of interest applicable at the time of construction of the facility to which the property owner is seeking to connect but not to exceed 10 percent per year; provided, that the aggregate amount of interest shall not exceed the equitable share of the cost of the facility allocated to such property owner.

3. The facilities’ costs shall be allocated to benefitting property owners based on the number of single-family equivalents. The director may, however, make such allocation based on front footage or other reasonably based methodology if the director determines that such alternate basis or methodology better assures equitable sharing of cost by all properties benefitting from the facilities.

C. Administrative Procedures; Adjustment of Charges. The director is authorized to adopt administrative procedures for the purpose of administering the provisions of this section, and to adjust the charges established by subsections A and B of this section from time to time to reflect the actual cost of the facilities for which the charges are made. (Ord. 5506 § 1, 2003; Ord. 5427 § 3, 2002; Ord. 4951 § 5, 1996; Ord. 4751 § 3, 1995.)

24.02.270 Water rates.

A. General. The city council shall establish rates for water service and consumption which are in addition to connection charges and fees for specific services. The city may establish classifications of customers or service, using any method or methods authorized by law.

B. Rate Basis. Water rates shall be based on revenue requirements necessary to cover all costs of the utility, as authorized by the city council by the adoption of the annual budget and subsequent amendments and shall be guided by adopted financial policies and bond covenants.

C. Rate Adjustments. Rates shall be evaluated periodically as part of the review and adoption of the annual budget. Rate adjustments shall be recommended as needed to meet revenue requirements. The recommendation shall consider equity, adequacy, costs and other factors allowed by law.

D. Billing and Collection. The utility shall develop and implement procedures and systems pertaining to the billing and collection of water service charges and fees in accordance with state law.

E. Rate Relief. The city council may establish water rate relief measures for specific customer classes as authorized by state law.

F. Rate Surcharge. Upon the city manager’s declaration of a water shortage emergency pursuant to the city’s adopted water shortage contingency plan, the utility may impose a rate surcharge of 10 percent, without further city council action. (Ord. 4751 § 3, 1995.)

24.02.275 Capital recovery charges.

The utility shall establish and collect a monthly capital recovery charge so that each new improvement, development, redevelopment or existing structure that places an additional demand on the water system bears its equitable share of the cost of the public utility system. Right-of-way and unirrigated non-building tracts shall be exempt from the capital recovery charge. The capital recovery charge shall be based on the cost of the water utility plant-in-service, less the cost of donated facilities, less the cost of city-built local facilities for which direct facilities charges are imposed, plus recoverable interest divided by the customer base as quantified by single family equivalent units. The capital recovery charge shall be placed on affected properties as a monthly charge for a period of 10 years. The director is authorized to adjust the capital recovery charge value based upon updated values of the above described elements. (Ord. 4951 § 8, 1996.)

24.02.280 Violations – Penalties.

A. Civil Violation. Any violation of any of the provisions of this code constitutes a civil violation as provided for in Chapter 1.18 BCC, for which a monetary penalty may be assessed and abatement may be required as provided therein. The city shall seek compliance through the civil violations code if compliance is not achieved through this code.

B. Destruction of Notice. It shall be unlawful for any person to remove, mutilate, destroy, or conceal any notice issued and posted by the director pursuant to this code. (Ord. 4751 § 3, 1995.)

Chapter 24.04
SEWER UTILITY CODE

Sections:

24.04.010 Title.

24.04.020 Purpose.

24.04.030 Territorial application.

24.04.040 Construction – Intent.

24.04.050 Definitions.

24.04.060 Authority of the utility.

24.04.065 Duty to serve.

24.04.067 Service interruptions.

24.04.070 Sewer system plan.

24.04.080 Emergency plan.

24.04.100 Connections or modifications to the sewer system.

24.04.115 System ownership.

24.04.120 Permits – Approvals.

24.04.125 Repealed.

24.04.130 Engineering and design requirements.

24.04.140 Installation responsibility.

24.04.150 Latecomer agreements.

24.04.160 Sewer easement requirements.

24.04.170 Construction requirements.

24.04.175 Construction and warranty inspections and tests.

24.04.210 Maintenance of sewer system.

24.04.213 Industrial waste discharge monitoring, abatement and pretreatment.

24.04.215 Unauthorized and prohibited discharges.

24.04.220 Existing system inspections.

24.04.240 Regulations of other agencies.

24.04.250 Fees for permits/approvals/specific services.

24.04.260 Connection charges.

24.04.270 Sewer rates.

24.04.275 Capital recovery charges.

24.04.280 Violations – Penalties.

24.04.010 Title.

This chapter shall be known as the sewer utility code and shall be referred to herein as the “code.” (Ord. 4752 § 5, 1995.)

24.04.020 Purpose.

The purpose of this code is to provide for the planning, security design, construction, use, maintenance, repair and inspection of public and private sanitary sewer systems; to establish programs and regulations to provide for the appropriate use of such systems; and to provide for the enforcement of the provisions of this code. (Ord. 5506 § 3, 2003; Ord. 4752 § 5, 1995.)

24.04.030 Territorial application.

This code shall be in effect throughout the utility service area, as defined in BCC 24.04.050(BB). (Ord. 4752 § 5, 1995.)

24.04.040 Construction – Intent.

This code is enacted as an exercise of the police power of the city of Bellevue to protect and preserve the public health, safety and welfare; its provisions shall be liberally construed to accomplish this purpose.

It is expressly the purpose of this code to provide for and to promote the health, safety and welfare of the general public and not to create or otherwise establish or designate any particular class or group of persons who will or should be especially protected or benefitted.

It is the specific intent of this code to place the obligation of compliance upon the owner/operator. Nothing contained in this code is intended to be or shall be construed to create or form the basis for liability on the part of the city of Bellevue, its utility, officers, employees or agents for any injury or damage resulting from the failure of the owner or operator of any private system to comply with the provisions of this code, or by reason or in consequence of any act or omission in connection with the implementation or enforcement of this code by the city of Bellevue, its utility, officers, employees or agents. (Ord. 4752 § 5, 1995.)

24.04.050 Definitions.

The following words and phrases, when used in this code, shall have the following meanings:

A. “As-built” means a final drawing of the actual installation of the structures, materials and equipment.

B. “Capital recovery charge” means a monthly charge imposed on improvements, developments, redevelopments or existing structures that place additional demand on each utility system after January 1, 1997. The capital recovery charge shall be based on an allocation of the utility plant in-service costs plus interest and the number of single-family equivalents served by each utility.

C. “Connection charges” means charges imposed as a condition of providing utility service so that each connecting property bears its equitable share of the costs of the public sewer system and of the costs of facilities that benefit the property. Connection charges include latecomer charges, capital recovery charges and direct facilities charges.

D. “Director” means the director of the Bellevue utilities department, or his/her designated representative or other person designated by the city manager.

E. “Emergency” means any natural or human-caused event or set of circumstances which disrupts or threatens to disrupt or endanger the operation, structural integrity, or safety of the public sewer system; endangers the health and safety of the public; or otherwise requires immediate action by the utility.

F. “Engineering standards” means the city of Bellevue utility engineering standards which include minimum requirements for the design and construction of water, storm and surface water drainage and sanitary sewer facilities.

G. “FOG” means fats, oils and grease.

H. “Industrial waste” means any liquid, solid or gaseous substance or combination thereof, resulting from any process of industry, manufacturing, commercial food processing, business, trade or research, including development, recovering or processing of natural resources.

I. “Licensed side sewer contractor” means any person, partnership, corporation or association duly qualified and competent to do work incident to the construction or repair of side sewers under permits issued under this code and who shall have been duly licensed by the utility.

J. “Nonpolar fats” means fats, oils or grease of animal or vegetable origin.

K. “Polar fats” means fats, oils or grease of mineral origin.

L. “Pretreatment device” means any approved device, structure, system or method used and maintained for the purpose of bringing a waste stream within acceptable limits and standards of quality prior to its discharge to the public sewer system.

M. “Private sewer system” means any part of the sewer system that is not part of the public sewer system as defined in the code.

N. “Property owner” means any individual, company, partnership, joint venture, corporation, association, society or group that owns or has a contractual interest in the subject property or has been authorized by the owner to act on his/her behalf.

O. “Public sewer system” means the sanitary sewer system owned and operated by the utility.

P. “Residential structure” means a single-family or duplex structure.

Q. “Sewage” means waste discharged from the sanitary facilities of buildings and includes industrial wastes.

R. “Sewer facility” means any facility for the conveyance or storage of sewage, whether part of the public sewer system or a private sewer system, that is connected to or intended to be connected to the public sewer system.

S. “Sewer main” means a pipe designed or used to transport sewage, excluding side sewers.

T. “Sewer pretreatment” means the treatment of industrial waste before discharge to the public sewer system.

U. “Sewer service” means providing for the disposal of sewage from a structure into the public sewer system.

V. “Sewer system plan” means the sewer system comprehensive plan for the utility, as adopted by Resolution No. 5827, as now or hereafter amended.

W. “Side sewer” means a conduit extending from the public sewer main to the connection with a building’s plumbing system.

X. “Side sewer stub” means that portion of the side sewer in the right-of-way or easement dedicated to the utility.

Y. “Structure” means any building that contains facilities for the disposal of sewage.

Z. “Unsafe condition” means any condition on any premises, or in any private sewer system thereon, that is a hazard to public health or safety, that does or may impair or impede the operation or functioning of any portion of the public sewer system or that may cause damage thereto.

AA. “Utility” means the sewer utility component of the waterworks utility of the city of Bellevue, administered as a part of the Bellevue utilities department, as provided by Chapter 3.38 BCC.

BB. “Utility service area” means that service area defined on the map filed with the city clerk under Clerk’s Receiving No. 8893, and as may be expanded through subsequent interlocal agreements, annexations and special utility district assumptions. (Ord. 5506 § 3, 2003; Ord. 4951 §§ 1, 3, 1996; Ord. 4752 § 5, 1995.)

24.04.060 Authority of the utility.

The utility, by and through its director, shall have the authority to:

A. Develop, adopt and carry out procedures as needed to implement this code and to carry out other responsibilities of the utility, including, but not limited to, procedures pertaining to the billing and collection of sewer service charges and all other fees and charges imposed pursuant to this code and procedures for periodic adjustment of fees and charges imposed pursuant to this code.

B. Prepare and update as needed, engineering standards to establish minimum requirements for the design and construction of sewer facilities and requirements for protecting existing facilities during construction. The engineering standards shall be consistent with this code and adopted city policies.

C. Administer and enforce this code and all procedures relating to the planning, acquisition, design, construction, inspection, maintenance, management, operation and alteration of the public sewer system, including capital improvements, and relating to the design, construction and inspection of private sewer systems.

D. Enter into contracts pursuant to Chapter 35.91 RCW, the Municipal Water and Sewer Facilities Act, including contracts that provide for the reimbursement of owners constructing facilities (latecomer agreements) and agreements with private property owners for the extension of the sewer system (system extension agreements).

E. Advise the city council, city manager and other city departments and commissions on matters relating to the utility.

F. Prepare and recommend the sewer system plan referenced in BCC 24.04.070 for adoption by the city council and implementation by the utility.

G. Perform or direct the performance of financial review and analysis of the utility’s revenues, expenses, indebtedness, rates and accounting and recommend budgets, rates and financial policy for adoption by the city council.

H. Develop and implement programs related to sewer use, including an industrial waste management program for protection of the public sewer system and a septic system management program.

I. Carry out other responsibilities as required by this code or other city codes, ordinances or regulations consistent with the Bellevue comprehensive plan. (Ord. 4752 § 5, 1995.)

24.04.065 Duty to serve.

The utility is responsible for providing sewer service to all customers within the utility service area, subject to the requirements of this code, other provisions of this code and applicable state law. This responsibility is separate from contractual obligations to provide sewer service outside the utility service area. (Ord. 4752 § 5, 1995.)

24.04.067 Service interruptions.

Notwithstanding BCC 24.04.065, the utility does not guarantee that sewer service will be continuously available within the utility service area. Sewer service may be temporarily unavailable due to a system failure, emergency, construction or maintenance or other unforeseen circumstances. (Ord. 4752 § 5, 1995.)

24.04.070 Sewer system plan.

A sewer system plan, also referred to as the city’s sewer comprehensive plan shall be developed by the utility for review and adoption by the city council. The utility shall recommend supplements or updated plans for adoption by the city council as needed. (Ord. 4752 § 5, 1995.)

24.04.080 Emergency plan.

The utility will prepare and update an emergency plan, as required by state law, as part of the city’s emergency operation plan, for review and adoption by the city council. (Ord. 4752 § 5, 1995.)

24.04.100 Connections or modifications to the sewer system.

A. Connection to the Sewer System Required.

1. All structures which contain facilities for the disposal of sewage shall connect to the public sewer system unless a variance is granted pursuant to subsection B of this section. Where sanitary sewer service is not available and is required, the utility may require the property owner to install a sewer main extension.

2. Connections or modifications to the sewer system, including, but not limited to, the installation or repair of sewer mains or side sewers, and abandonment or removal of any structure connected to the public sewer system shall occur only if:

a. Approval has been received from the utility (see BCC 24.04.120); and

b. All applicable requirements of this code and utility procedures have been met; and

c. All applicable engineering standards have been met or alternative standards have been approved by the utility as substantially equal; and

d. The property owner has paid all applicable fees and charges; and

e. Any existing on-site sewage disposal facilities are disconnected in accordance with health department requirements; and

f. The property is within the utility service area or within an area served by the utility through agreement with an adjacent jurisdiction.

B. Variance from the Sewer Connection Requirement.

1. Any property owner may apply for a variance from the sewer connection requirement to allow for an on-site septic disposal system.

2. The director shall approve a variance only if all of the following decision criteria are met:

a. The property is more than 200 feet or such other distance as may be required by King County board of health on-site sewage regulations, via dedicated easements and/or right-of-way from the existing public sewer system or, in the case of subdivisions, the exterior boundary of the subdivision is more than 660 feet, measured in the same manner, from the existing public sewer system; and

b. The proposed septic system will not have an adverse environmental effect on potable water wells, ground water, streams or other surface bodies of water; and

c. The proposed septic system is in compliance with all applicable federal, state and local health and environmental regulations; and

d. The cost of providing sewer service to the structure will result in an economic hardship. Economic hardship is defined as an unrecoverable cost equal to or exceeding 20 percent of the fair market value of a building site with utilities in place on which the structure is to be located.

3. Any variance issued by the director shall be subject to the following conditions:

a. The applicant must obtain King County health department approval of the septic tank system and must obtain any other permits which may be required by law for such system; and

b. The applicant shall record an agreement, in a form approved by the city and referred to herein as “agreement to connect,” with the King County department of records and elections. Such agreement shall require payment of all connection charges at the time of actual connection to the system. The agreement shall be a covenant which runs with the land and is binding on the owners and successors in interest of the property. The agreement shall provide that the structure shall be connected to the public sewer system at such time as the system is available and that the property owner will not protest the formation of any future LID or ULID for extension of a sewer system that would serve the property. The sewer system shall be deemed available for purposes of this requirement whenever the structure can be connected to the system by an extension of 330 feet or less or, in the case of a subdivision, the boundary of the subdivision can be reached by an extension of 660 feet or less from the system.

4. The applicant may appeal a decision of the director denying a variance application pursuant to the Process II appeal procedures of LUC 20.35.250. (Ord. 5506 § 3, 2003; Ord. 4978 § 36, 1997; Ord. 4752 § 5, 1995.)

24.04.115 System ownership.

A. Utility Ownership of Sewer Facilities.

1. The utility owns all sewer facilities in public right-of-way and in easements dedicated to and accepted by the utility, except to the extent that private ownership is otherwise indicated as a matter of record. Such facilities typically include mains, pump stations and side sewer stubs.

2. The utility may acquire existing private sewer facilities, provided:

a. Utility ownership of the facility would provide a public benefit; and

b. Necessary and appropriate property rights are offered by the property owner at no cost to the utility; and

c. The facility substantially meets current standards, as determined by the utility, or is brought up to current standards by the owner; and

d. The utility has adequate resources to maintain the facility; and

e. The facility is transferred to the utility by bill of sale at no cost to the utility. (Ord. 4752 § 5, 1995.)

24.04.120 Permits – Approvals.

A. General. The utility shall administratively determine submittal requirements for all utility permits and approvals.

B. Side Sewer Permit.

1. A side sewer permit is required to construct a side sewer and/or to make any additions, repairs or connections to an existing side sewer.

2. A side sewer permit application must be made by the property owner or his/her licensed sewer contractor.

3. Side sewer permits for commercial projects, including multifamily structures, may be issued as part of the sewer system extension agreement, if one is required, pursuant to subsection (C)(1) of this section. The side sewer can be installed as part of the sewer system extension agreement and shall be put in use only after acceptance by the utility of the system extension.

4. Side sewer permits for lots in subdivisions and short plats will be issued only after sewer main extensions have been accepted by the city.

5. Side sewer permits shall expire 12 months from date of issuance.

C. Sewer System Extension Agreement.

1. The property owner and the utility shall enter into a sewer system extension agreement whenever an extension to an existing sewer main is required pursuant to BCC 24.04.100(A)(1) or 24.04.130(B)(2).

2. The utility shall approve constructed facilities as complete once the facilities have been built according to the approved plans and specifications, as confirmed by utility inspectors, as-built drawings have been completed as specified in the engineering standards and all applicable fees and charges have been paid.

3. The property owner shall be required to provide surety devices, in a form approved by the city, for sewer system extensions in city right-of-way, for connections to the sewer main during construction and for a one-year warranty period following acceptance by the city.

4. When a sewer system extension agreement is required to serve a proposed commercial or multifamily building, the utility will not sign off on the building permit until the system extension agreement has been initiated. When a sewer system extension agreement is required to relocate a sewer main from under a proposed building, the utility will not sign off on the building permit until the system extension has been completed and accepted by the utility, unless the building permit is conditioned to require relocation prior to site construction.

D. Temporary Sewer Service Agreement. Any single-family residential property owner may request temporary sewer service if permanent facilities, that is, facilities that meet all code requirements such as for system extension, are not available. The utility may provide temporary single-family residential service through a temporary sewer service agreement which shall:

1. Calculate and collect the property owner’s fair share costs for installing permanent sewer facilities. When the property is not fully developed and therefore is subject to redevelopment, the city shall collect only the fair share cost for the developed portion at that time. When the property is redeveloped, the property owner shall build the permanent sewer facilities, or if they are already built, shall pay the remaining fair share costs. If a private property owner builds the permanent facilities, he/she will be paid the fair share costs that were collected under the temporary sewer service agreement plus accrued interest. Interest will be at a rate set by the city treasurer consistent with how interest rates are set for connection charges. Total interest may not exceed the principal amount of the charge.

2. Establish a time limit for connecting to the permanent service once it is available.

3. Specify that the agreement runs with the land and is binding on the owners and their successors.

4. Be recorded with King County against the property on which the facilities are located.

E. Pump Station Agreement. Prior to construction of a privately owned sewer pump station other than for a single-family residence or serving a single-family lot, the property owner shall enter into a pump station agreement with the utility that sets forth the owner’s maintenance and emergency responsibilities.

F. Agreement to Connect. When a variance to allow a septic system is granted, an “agreement to connect” must be recorded pursuant to BCC 24.04.100(B)(3).

G. Contractors shall be licensed in accordance with Washington State requirements and shall be registered with the city of Bellevue tax office.

H. Other Permits. It is the property owner’s responsibility to identify and obtain all permits/approvals required for any proposed work. (Ord. 5506 § 3, 2003; Ord. 4752 § 5, 1995.)

24.04.125 Demolition or removal of structures.

Repealed by Ord. 5506. (Ord. 4752 § 5, 1995.)

24.04.130 Engineering and design requirements.

A. General.

1. The property owner is responsible for sewer system design.

2. The sewer system designer must be a civil engineer licensed in the state of Washington and qualified by both experience and educational background in the design of sewer facilities.

3. Engineering and design shall conform to the engineering standards.

4. Sewer facilities in a designated coal mine area are subject to additional design requirements. See the coal mine area subdivision, development, and building permit regulations adopted by Resolution No. 5712.

B. Sewer Facility Requirements.

1. Whenever property is developed or redeveloped in any way such that sewage discharge is changed in content or volume, new sewer facilities are required whenever necessary to:

a. Meet hydraulic capacity requirements. See the engineering standards; or

b. Replace existing facilities that need to be relocated; or

c. Meet industrial waste pretreatment requirements pursuant to BCC 24.04.213.

2. Whenever property is developed or redeveloped, sewer mains shall be extended through and to the extremes of the property being developed, as required by the utility, when needed for the orderly extension of the public sewer system.

C. Side Sewer Design.

1. A maximum of four residential structures may be connected to a single side sewer.

2. Where physical conditions render compliance with utility side sewer requirements impracticable, the utility may require compliance insofar as is reasonably possible; provided, that the property owner execute and deliver to the utility an instrument, in a form furnished by the utility, agreeing to hold harmless and indemnify the utility and the city of Bellevue for any damage or injury resulting from such installation. The utility may require that such instrument be recorded against the property with the King County office of records and elections.

D. Pump Stations and Lifts.

1. Pump stations shall be permitted only for service to those properties which the director determines cannot reasonably be served by conventional gravity sewers.

2. In any structure in which the plumbing is too low to permit gravity flow to the designated connection point, the sewage shall be lifted by artificial means. When only the lower floor of a structure is too low for gravity flow, the sewage from the upper floors must flow by gravity. (Ord. 5506 § 3, 2003; Ord. 4752 § 5, 1995.)

24.04.140 Installation responsibility.

A. Property Owner Installation. The property owner shall be responsible for the installation of all sewer facilities required by this code. Installation shall be through a sewer system extension agreement or side sewer permit. See BCC 24.04.120.

B. Costs. The property owner shall be responsible for all installation costs regardless of whether the work is done by the utility or by the owner, provided that:

1. If the utility requires a property owner to oversize a sewer facility for reasons other than to adequately serve the owner’s property, the utility will compensate the property owner for the difference in cost between the normally sized sewer facility and the oversized sewer facility, based on the lowest of three bids from reputable licensed contractors furnished by the property owner.

2. A property owner who constructs a sewer system extension that directly benefits property in addition to the owner’s may request a latecomer agreement in order to be reimbursed by benefiting properties that connect to the extension during the agreement’s duration. See BCC 24.04.150 regarding latecomer agreements.

3. The city may choose to install sewer facilities to facilitate development, coordinate with other city projects or for other utility purposes and may recover its costs, including interest, through a connection charge. (Ord. 5506 § 3, 2003; Ord. 4752 § 5, 1995.)

24.04.150 Latecomer agreements.

A. General. The utility may enter into any contracts authorized by Chapter 35.91 RCW, the Municipal Water and Sewer Facilities Act, including contracts which provide for the reimbursement of property owners constructing public facilities, commonly known as latecomer agreements.

B. Requesting a Latecomer Agreement. A property owner may request a Latecomer Agreement if the owner constructs a public sewer facility that benefits property in addition to the owner’s property and it is not feasible for the owner to include such other benefiting property owner in the sewer system extension agreement. The request must be made in writing and unit costs must be provided before the utility accepts the facility.

C. Zone of Benefit. The utility will determine which properties benefit from the public sewer facility and shall be subject to the latecomer agreement.

D. Method of Cost Allocation. The utility will determine the method of cost allocation used.

E. Recording. The utility will record the latecomer agreement with King County against the benefitting properties, at the property owner’s expense.

F. Cost to Latecomer. As a condition of connection to the public sewer facility, each latecomer shall pay, at the time of connection, his/her pro rata share of the construction costs of the sewer facility, which are determined by the utility and specified in the latecomer agreement. Construction costs shall include but are not limited to design, installation, inspection, construction management, interest and the utility’s project management costs.

G. Agreement Duration. Latecomer agreements may be in effect for up to 15 years following acceptance of the sewer facility.

H. Forwarding Latecomer Payment. While the latecomer agreement is in effect, the utility will collect the latecomer payments and forward them to the property owner who paid for the sewer facility, as specified in the agreement. (Ord. 4752 § 5, 1995.)

24.04.160 Sewer easement requirements.

A. When Required. An easement is required whenever:

1. A public sewer facility will be built on private property; or

2. A private sewer facility will be built on property owned by a different private party; or

3. A side sewer will serve two or more properties.

B. Requirements. All of the following requirements shall be met before the city will accept and/or approve any easement:

1. Clear title in the grantor shall be demonstrated; and

2. The easement shall be consistent with utility clearance standards and setback standards and with other utilities or easements. The utility may require the easement to exclude other utilities and uses if necessary to protect the public sewer system; and

3. The easement shall provide access to the facility for repair and maintenance. When deemed necessary by the utility, the easement shall contain provisions for long-term maintenance. Easements for side sewers serving more than one property must specify responsibility for costs of maintenance, repair and access; and

4. The easement shall prohibit all structures except those which can readily be removed by the structure’s owner at the owner’s expense when access to the sewer facility is required by the utility. If such structures are in the easement, an agreement with the utility to remove the structure on request shall be recorded; and

5. The easement dimensions and other requirements shall be in accordance with the engineering standards.

C. Costs. The property owner shall pay all costs of providing or obtaining and recording the easement.

D. Relinquishment of Easement. An easement granted to the utility may be relinquished only if the utility determines it is no longer needed and the city council authorizes the relinquishment. (Ord. 5506 § 3, 2003; Ord. 4752 § 5, 1995.)

24.04.170 Construction requirements.

A. General. When constructing or modifying sewer facilities, compliance is required with this code, the engineering standards, the approved permit, plans and specifications, the terms of any sewer system extension agreement, the recommendations of the manufacturer of the materials or equipment used and any applicable local, state or federal requirements.

B. Safety Requirements. Utility staff will perform inspections or hole-cuts only if shoring and other site conditions conforms with WISHA safety standards and other safety requirements, as applicable.

C. Failure to Complete Work or Meet Requirements.

1. The utility may complete sewer facility construction begun by a property owner or contractor, or take steps to restore the site (such as backfilling trenches and restoring the public way) if the work does not meet the requirements of this code, the engineering standard and other applicable utility requirements, the contractor or person doing the work fails to rectify the problem following notification by the utility; and the work, in the opinion of the utility, constitutes a hazard to public safety, health or the public sewer system.

2. Utility costs incurred pursuant to the preceding BCC 24.04.170(C)(1) shall be calculated pursuant to BCC 24.04.250(B) and charged to the owner or contractor in charge of such work. The permittee shall pay the utility immediately after written notification is delivered to the responsible parties or posted at the location of the work. Such costs shall constitute a civil debt owing to the utility jointly and severally by such persons who have been given notice as herein provided. The debt shall be collectable in the same manner as any other civil debt owing the utility.

3. If, in the opinion of the director, the work being performed is not in accordance with these codes or engineering standards and the permittee is unwilling to change or correct the deficiencies, the director may issue a stop work order until the deficiencies are corrected.

D. Additional Side Sewer Construction Requirements.

1. Side sewers may be constructed only by the following:

a. Contractors licensed in accordance with BCC 24.04.120(G);

b. Property owners working on their own property.

2. The side sewer permit shall be readily available at the job site at all times. No inspections will be completed if the permit is not available.

3. Connection shall be made to the wye or tee or side sewer stub designated at the time the side sewer permit is issued unless written permission to do otherwise is obtained from the utility. If the designated stub cannot be found, the utility will install one at the utility’s expense. The utility shall not be responsible for costs incurred by the owner/contractor when looking for the stub. (Ord. 5506 § 3, 2003; Ord. 4752 § 5, 1995.)

24.04.175 Construction and warranty inspections and tests.

A. Construction/Installation Inspection.

1. All projects involving construction of new sewer facilities or connections or modifications to an existing sewer system, are subject to utility inspection to ensure compliance with the code and permit/approval conditions. As a condition of permit issuance, the applicant shall consent to inspection and testing.

2. Newly installed sewer facilities shall be inspected, tested and documentation completed according to the engineering standards and procedures.

B. Warranty Inspections and Tests. Facilities and equipment accepted by the utility under specific warranties may be reinspected at the utility’s discretion and, if necessary, retested prior to the expiration of the warranty period. (Ord. 4752 § 5, 1995.)

24.04.210 Maintenance of sewer system.

A. Responsibility. The utility has responsibility for maintenance of the public sewer system unless otherwise provided by agreement, local ordinance or state law. Owners of private sewer systems are solely responsible for maintenance and operation of such private systems.

B. Contract Maintenance. The utility may agree to provide maintenance service to maintain private sewage pump stations that serve more than one residence, by contract and at the owner’s expense, in order to meet the city’s obligation to the Washington State Department of Ecology for maintenance responsibility.

C. Side Sewer Cleaning. All side sewer cleaning contractors and/or plumbers, side sewer contractors and owners, prior to cleaning existing side sewers (as distinguished from plumbing and septic tank facilities), shall notify the utility of such operations and comply with utility requirements. Debris cleaned from a side sewer shall be removed and shall not be caused to enter the sewer main. If debris causes a downstream blockage, the owner or his agent shall be liable for any resulting damages. (Ord. 4752 § 5, 1995.)

24.04.213 Industrial waste discharge monitoring, abatement and pretreatment.

A. General. The industrial waste program is intended to prevent, control and correct the discharge of substances, such as hazardous, dangerous, caustic or explosive materials, polar and non-polar fats, oils and greases, that could cause hazardous, dangerous or explosive conditions within the public sewer system or could cause blockages, operational failures or premature degradation of the public sewer system.

B. Applicability of Other Regulations. All discharges to the public sewer system shall comply with all applicable rules and regulations of any federal, state or local agency having governmental or contractual jurisdiction within the utility service area.

C. Pretreatment of Discharges. The utility shall require the pretreatment of discharges to the public sewer system, except single-family residences, if necessary to prevent and/or correct hazardous, dangerous, or explosive conditions or blockage, operational failure or premature degradation of the public sewer system. Notwithstanding the above, all restaurants and food-processing businesses shall install pretreatment methods, such as exterior grease interceptors, oil-water separators, biological or chemical treatment and other best available technology, to reduce or eliminate FOG discharges. All pretreatment systems are subject to review and approval by the utility.

D. Sampling and Inspection Tees and Manholes. Sampling and/or inspection tees or manholes in the side sewer connection(s) to the public sewer system may be required in all connections, except single-family residential connections. Inspection tees and manholes enable the utility to monitor and test the discharge for compliance with utility requirements or to allow monitoring and testing in accordance with the rules and regulations of other federal, state or local agency having governmental or contractual jurisdiction within the utility service area. (Ord. 4752 § 5, 1995.)

24.04.215 Unauthorized and prohibited discharges.

A. Certain Wastes Prohibited. No person shall discharge or cause the discharge of any of the following wastes into the public sewer system, by direct or indirect means:

1. Flammable liquids, solids or gases capable of causing or contributing to an explosion or supporting combustion in any public sewer facility or side sewer connection to the public sewer system, such as, but not limited to, gasoline, kerosene, naphtha, benzene, toluene, xylene, ethers, alcohols, ketones, aldehydes, peroxides, chlorates, perchlorates, bromates, carbides, hydrides and sulfides, or any other substances that the utility, King County department of metropolitan services, a fire department or fire district with jurisdiction, any state agency or the Environmental Protection Agency have identified as a fire hazard or a hazard to the system.

2. Any solid or viscous substance or particles in a quantity, either by itself or in combination with other wastes, that is capable of obstructing flow or interfering with the operation or performance of the public sewer system.

3. Any gas or substance that, either by itself or by interaction with other wastes, is capable of creating a public nuisance or hazard to life or of preventing entry by authorized personnel to pump stations and other sewer facilities.

4. Any gas or substance that, either by itself or by interaction with other wastes, may cause corrosive structural damage to the public sewer system.

5. Heated substances in amounts that prevent entry into public sewer facilities by authorized personnel or that adversely impact facilities.

6. Food waste that cannot pass through a one-fourth-inch sieve.

7. Any radioactive wastes or isotopes that exceed such concentration limitations as established by applicable Washington State Department of Health regulations.

8. Trucked and hauled wastes, except as approved by the utility and discharged at designated locations.

9. Storm water, surface water, ground water, roof runoff, subsurface drainage, cooling water, unpolluted waste water and/or any water or wastes generated during construction activities, unless specifically authorized by the utility.

10. Substances that may cause excessive foaming in the public sewer system.

11. Polar and nonpolar fats, oils and greases in amounts that cause a visible sheen on the discharge or in the public sewer system, build-up of grease in any public sewer facility or which accumulations either alone or in combination with other discharges cause obstruction of the public sewer system.

12. Any wastes or substances which exceed local discharge limits of, or are prohibited by, any other federal, state or local agency having governmental or contractual jurisdiction within the sewer service area.

B. Discovery of Unauthorized or Prohibited Discharge. Upon discovery of an unauthorized or prohibited discharge the utility shall notify the property owner and King County department of metropolitan services in writing as soon as possible of the nonconforming or prohibited discharge and of all corrective measures necessary.

C. Damage Caused by Unauthorized or Prohibited Discharges. Any person discharging or causing, either directly or indirectly, an unauthorized or prohibited discharge to the public sewer system, that results in damage to, blockage of or premature degradation of any public sewer facility, shall be liable for said damage and financially responsible for any and all necessary repairs or other corrective actions necessary to restore the public sewer system to full and normal operation. (Ord. 4752 § 5, 1995.)

24.04.220 Existing system inspections.

The utility may enter private property at all reasonable times to conduct inspections, tests or to carry out other duties imposed by the code, provided that the utility shall first obtain consent from the property owner or person responsible for the premises upon presentation of proper credentials to that person. If entry is refused or cannot be obtained, the director shall have recourse to every remedy provided by law to secure entry. (Ord. 4752 § 5, 1995.)

24.04.240 Regulations of other agencies.

A. General. The responsibility for determining the existence and application of local, state and federal laws and regulations pertaining to sewer facilities and sewer use remains solely with the affected property owner.

B. Regulations of King County and Other Cities and Towns. Utility customers outside the city of Bellevue are subject to city of Bellevue requirements related to sewer facilities unless more stringent requirements of the local jurisdiction in which such customers are located are applicable.

C. King County Department of Metropolitan Services Regulations. Utility customers shall comply with all applicable requirements of the King County department of metropolitan services. (Ord. 4752 § 5, 1995.)

24.04.250 Fees for permits/approvals/specific services.

A. General.

1. The director shall develop for city council review and adoption a schedule of fees and charges for all permits and other specific services provided by the utility, including:

a. Sewer system extension agreements;

b. Disconnection charge for unauthorized connections;

c. Side sewer contractor’s license;

d. Side sewer permits;

e. Hole-cuts;

f. Miscellaneous maps, plans, drawings, copies and documents provided by the utility.

2. The fees referenced in this section are in addition to applicable rates for sewer service and connection charges.

B. Fee Amount. The fee amount for each permit, approval or specific service shall cover the actual utility costs associated with that permit, approval or service, including all of the following that apply:

1. Labor, including any and all time spent on engineering, plan review, installation, properly abandoning any existing facilities, site restoration, inspection, testing, certification, as-builting of the project and legal review. Inspections and other work requested beyond normal working hours are charged based on the utility’s overtime pay practices.

2. Expenses including, but not limited to, supplies (not including office supplies), materials, equipment and tool rental, applicable state and federal taxes and any fees for permits the utility must obtain.

3. Overhead, at a rate to be established by the utility pursuant to written procedures.

C. Fee Schedule. The director may adjust the schedule of fees and charges without further city council action to the extent necessary to reflect actual changes in the utility’s cost of providing the service. (Ord. 4752 § 5, 1995.)

24.04.260 Connection charges.

A. General.

1. The utility shall collect connection charges, in order that each connecting property shall bear its equitable share of the cost of the public sewer system.

2. Connection charges shall be paid before a property is allowed to connect to the public sewer system. Connection charges not previously paid, such as charges for new facilities that directly benefit the property, shall be paid when the property undergoes, either at one time or cumulatively through more than one project, a substantial remodeling as defined in LUC 20.50.040 or more substantial improvement or if an improvement or cumulative improvements significantly impact downstream system capacity.

3. Connection charges that have been paid as a result of development activities on the property or through participation in an LID or ULID will not be reassessed.

4. The utility may enter into contracts with the owners of existing single-family residences and with the owners of redevelopment projects that meet criteria specified by the utility for payment of connection charges over time instead of as a lump sum. The utility will charge interest, at a rate set by the city treasurer, on any outstanding debt covered by a payment contract. A contract shall be payable in full at the time of closing upon sale of the property.

B. Direct Facilities Charges.

1. The utility shall assess and collect direct facilities charges from property owners that directly benefit from utility-built or privately built sewer facilities, except property owners who previously paid their fair share through an LID or ULID. Facilities that may be covered in a direct facilities charge include, but are not limited to, stubs built from the sewer main to the property line, pump stations and mains.

2. The direct facilities charge is the property owner’s equitable share of the established costs of the facilities he/she benefits from. The equitable share shall include interest charges applied from the date of construction acceptance of the facility until the property connects, or for a period not to exceed 10 years, whichever is less, at a rate commensurate with the rate of interest applicable at the time of construction of the facility to which the property owner is seeking to connect but not to exceed 10 percent per year; provided, that the aggregate amount of interest shall not exceed the equitable share of the cost of the facility allocated to such property owner.

3. The facilities’ costs shall be allocated to benefitting property owners based on the number of single-family equivalents. The director may, however, make such allocation based on front footage or other reasonably based methodology if the director determines that such alternate basis or methodology better assures equitable sharing of cost by all properties benefitting from the facilities.

C. Administrative Procedures; Adjustment of Charges. The director is authorized to adopt administrative procedures for the purpose of administering the provisions of this section, and to adjust the charges established by subsections A and B of this section from time to time to reflect the actual cost of the facilities for which the charges are made. (Ord. 5506 § 3, 2003; Ord. 4951 § 6, 1996; Ord. 4752 § 5, 1995.)

24.04.270 Sewer rates.

A. General. The city council shall establish rates for sewer use and service which are in addition to connection charges and fees for specific services. The city may establish classifications of customers or service, using any method or methods authorized by law.

B. Rate Basis. Sewer rates shall be based on revenue requirements necessary to cover all costs of the utility, as authorized by the city council by the adoption of the annual budget and subsequent amendments and shall be guided by adopted financial policies and bond covena