A.

This chapter sets forth uniform requirements for dischargers into the public owned treatment works (POTW) and enables the City to protect public health in conformity with all applicable local, State and Federal laws relating thereto.

The objectives of this chapter are:

1.

To prevent the introduction into the City wastewater system of pollutants that could interfere with the normal operation of the system or contaminate the resulting municipal sludge;

2.

To prevent the introduction into the City wastewater system of pollutants that do not receive adequate treatment in the POTW, and that will pass through the system into receiving waters or the atmosphere or otherwise be incompatible with the system;

3.

To improve the opportunity to recycle and reclaim wastewater and sludge from the system;

4.

To enable the City to comply with its National Pollutant Discharge Elimination System permit conditions, sludge use and disposal requirements, and any other Federal or State laws to which the POTW is subject.

B.

This chapter provides for the regulation of discharges into the city wastewater system.

C.

This chapter shall apply to all users of POTW. The chapter authorizes the issuance of wastewater discharge permits; provides for monitoring, compliance, and enforcement activities; establishes administrative review procedures; requires user reporting.

(Ord. 3397, 4/30/2010)

Unless a provision explicitly states otherwise, the following terms and phrases, as used in this chapter, shall have the meanings hereinafter designated:

A.

"Act" - The Clean Water Act (33 U.S.C. 1251 et seq.), as amended.

B.

"Additive" - Any material put into a grease interceptor (GI) or any drain lines or appurtenances discharging to a GI intended in any way to modify the operation of the GI.

C.

"AKART" - All known available and reasonable treatment technology.

D.

"Applicable Pretreatment Standards" - For any specified pollutant, the City's prohibitive discharge standard, the City's specific limitations on discharge, the State of Washington pretreatment standards, or the National Categorical Pretreatment Standards (when effective), whichever standard is most stringent.

E.

"Authorized or duly authorized representative of the user"

1.

If the user is a corporation:

a.

The president, secretary, treasurer, or a vice-president of the corporation in charge of a principal business function, or any other person who performs similar policy or decision-making functions for the corporation; or

b.

The manager of one or more manufacturing, production, or operating facilities, provided the manager is authorized to make management decisions which govern the operation of the regulated facility including having the explicit or implicit duty of making major capital investment recommendations, and initiate and direct other comprehensive measures to assure long-term environmental compliance with environmental laws and regulations; can ensure that the necessary systems are established or actions taken to gather complete and accurate information for control mechanism requirements; and where authority to sign documents has been assigned or delegated to the manager in accordance with corporate procedures.

2.

If the user is a partnership or sole proprietorship: a general partner or proprietor, respectively.

3.

If the user is a Federal, State, or local governmental facility: a director or highest official appointed or designated to oversee the operation and performance of the activities of the regulated facility, or their designee.

4.

The individuals described in paragraphs 1. through 3., above, may designate another authorized representative if the authorization is in writing, the authorization specifies the individual or position responsible for the overall operation of the facility from which the discharge originates or having overall responsibility for environmental matters for the company, and the written authorization is submitted to the City.

F.

"Automatic grease interceptor (AGI)" - A GI that has provision to automatically remove separated FOG and/or settled solids from the tank and collect them for disposal.

G.

"Biochemical oxygen demand or BOD" - The quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory procedures for five days at 20 degrees centigrade, usually expressed as a concentration (e.g., mg/l).

H.

"Best Management Practices or BMPs" - means schedules of activities, prohibitions of practices, maintenance procedures, and other management practices to implement the prohibitions listed in section 13.06.030.A. and B. [40 CFR 403.5(a)(1) and (b)]. BMPs also include treatment requirements, operating procedures, and practices to control plant site runoff, spillage or leaks, sludge or waste disposal, or drainage from raw materials storage.

I.

"Categorical Pretreatment Standard or Categorical Standard" - Any regulation containing pollutant discharge limits promulgated by EPA in accordance with Sections 307(b) and (c) of the Act (33 U.S.C. Section 1317) which apply to a specific category of users and which appear in 40 CFR Chapter I, Subchapter N, Parts 405-471.

J.

"Categorical industrial user" - An industrial user subject to a categorical pretreatment standard or categorical standard.

K.

"City" - City of Port Angeles, Washington.

L.

"Composite sample" - A composite of several samples taken throughout the period of a day when a regulated discharge is occurring. Several brands of electric samplers, some with a refrigerated sample collection area, may be used. Approvable composite samplers may either use a flow paced or time paced algorithm.

M.

"Daily limit or daily maximum limit" - The maximum allowable discharge of a pollutant over a calendar day or equivalent representative 24-hour period.

N.

"Director" - The City of Port Angeles' Public Works and Utilities Director. The term also means a duly authorized representative of the Director. Whenever in this chapter the Director is given authority to establish limits, extend or shorten time, make a determination or finding, or make other decisions, he shall do so within the bounds of applicable local, state, and federal law and in accordance with BMPs.

O.

"Discharger" - Any non-residential user who, by any means, discharges an effluent into a POTW.

P.

"Environmental Protection Agency" - The U.S. Environmental Protection Agency or, where appropriate, the Regional Water Management Division Director, the Regional Administrator, or other duly authorized official.

Q.

"Existing source" - Any source of discharge subject to categorical standards that does not meet the definition of a "new source."

R.

"Fats, oils, and grease (FOG)" - The term fats, oils, and grease shall mean those components of wastewater amenable to measurement by the methods described in "Standard Methods for the Examination of Water and Wastewater," latest approved edition, or other methods approved by 40 CFR 136. For the purposes of this chapter, the term fats, oils and grease shall include polar (animal-based and plant-based) and other components extracted from wastewater by these methods, excluding the non-polar (petroleum-based) fraction.

S.

"Food service establishment (FSE)" - Any establishment, commercial or noncommercial, primarily engaged in the preparing, serving, or otherwise making available for consumption foodstuffs in or on a receptacle that requires washing more than two days per week and that discharges to the POTW.

T.

"Grab sample" - A sample which is taken from a waste stream without regard to the flow in the waste stream and over a period of time not to exceed 15 minutes.

U.

"Gravity grease interceptor" - Any relatively large in-ground or above ground tank, generally, but not always, of precast concrete, with internal plumbing and baffling intended to act as a GI or AGI to serve one or more fixtures and that is remotely located.

V.

"Grease interceptor (GI)" - Any device designed for, and intended for, separating, collecting, and removing waterborne FOG and settleable solids prior to discharging to the POTW. This includes any AGI.

W.

"Hydro-mechanical grease interceptor" - Any relatively small appurtenance, generally, but not always, of cast iron or fabricated steel, with internal configuration and internal or external flow control, intended to function as a GI or AGI. All hydro-mechanical grease interceptors must be PDI or IAPMO approved.

X.

"Indirect discharge" - The discharge or the introduction of pollutants into the POTW from any non-domestic source regulated under Sections 307(b), (c) or (d) of the Act.

Y.

"Industrial user" or "user" - A source of indirect discharge. Any non-domestic source regulated under Sections 307(b), (c) or (d) of the Act. Any non-domestic source which has the potential to discharge wastewater to the POTW which could: pose a hazard to City staff or the POTW; pass through the POTW untreated or inadequately treated; interfere with operation of the POTW or the use and re-use of reclaimed water or sludge; or cause the City to violate any terms or limits of its NPDES permit.

Z.

"Industrial waste" - Solid, liquid or gaseous waste resulting from any industrial, manufacturing, trade or business process or from the development, recovery or processing of natural resources.

AA.

"Instantaneous maximum discharge limit" or "instantaneous limit" - The maximum concentration of a pollutant allowed to be discharged at any time, determined from the analysis of a discrete sample. Where a user is required to take a grab sample for purposes of determining compliance with local limits, this standard is the same as the daily maximum standard. For pollutants for which users are required to take composite samples, (or for metals if no permit has been issued) the instantaneous limit shall be twice the daily limit.

BB.

"Interference" - A discharge which causes (either by itself or in combination with other discharges) a violation of the City's NPDES permit or prevents the intended sewage sludge use or disposal by inhibiting or disrupting the POTW, including its collection systems, pump stations, and wastewater and sludge treatment processes. An example is a discharge from a user which causes a blockage resulting in a discharge at a point not authorized under the City's NPDES permit.

CC.

"Local limits" - Effluent limitation developed for users by the director to specifically protect the POTW from the potential of pass through, interference, vapor toxicity, explosions, sewer corrosion, and contaminations of biosolids. Such limits shall be based on the POTW's site-specific flow and loading capacities, receiving water considerations, and reasonable treatment expectations for non-domestic wastewater.

DD.

"May" - Is permissive (see "shall").

EE.

"Medical waste" - Isolation wastes, infectious agents, human blood and blood products, pathological wastes, sharps, body parts, contaminated bedding, surgical wastes, potentially contaminated laboratory wastes, and dialysis wastes.

FF.

"Minor industrial user (MIU)" - A non-categorical industrial or commercial user of the POTW that does not qualify as a significant industrial user, but that operates facilities that:

1.

Have some discharges of wastewater that could cause detectably elevated concentrations of metals or toxics in the pretreatment quarterly analysis; or

2.

Have a discharge of small quantities of dangerous waste to the POTW which have been excluded from regulation under Chapter 173-303 WAC, or its successors, through the domestic sewage exclusion; or

3.

Have a potential to discharge or spill chemicals to the POTW.

GG.

"Monthly average" - The arithmetic mean of the effluent samples collected during a calendar month or specified 30-day period. Where the control authority has taken a sample during the period, it must be included in the monthly average if provided in time. However, where composite samples are required, grab samples taken for process control or by the control authority are not to be included in a monthly average.

HH.

"Monthly average limit" - The limit to be applied to the monthly average to determine compliance with the requirements of this chapter (see section 13.06.045 for listing).

II.

"Natural outlet" - Any outlet, including storm sewer overflows, into a watercourse, pond, ditch, lake or other body of surface or ground water.

JJ.

"New source" -

1.

Any building, structure, facility, or installation from which there is (or may be) a discharge of pollutants, the construction of which commenced after the publication of proposed pretreatment standards under Section 307(c), or its successors, of the Act which will be applicable to such source if such standards are thereafter promulgated in accordance with that section, provided that:

a.

The building, structure, facility, or installation is constructed at a site at which no other source is located; or

b.

The building, structure, facility, or installation totally replaces the process or production equipment that causes the discharge of pollutants at an existing source; or

c.

The production or wastewater generating processes of the building, structure, facility, or installation are substantially independent of an existing source at the same site. In determining whether these are substantially independent, factors such as the extent to which the new facility is integrated with the existing plant, and the extent to which the new facility is engaged in the same general type of activity as the existing source, should be considered.

2.

Construction on a site at which an existing source is located results in a modification rather than a new source if the construction does not create a new building, structure, facility, or installation meeting the criteria of subsections (1)(b) or (c) above, but otherwise alters, replaces, or adds to existing process or production equipment.

3.

Construction of a new source has commenced if the owner or operator has:

a.

Begun, or caused to begin, as part of a continuous on-site construction program:

i.

Any placement, assembly, or installation of facilities or equipment; or

ii.

Significant site preparation work including clearing, excavation, or removal of existing buildings, structures, or facilities which is necessary for the placement, assembly, or installation of new source facilities or equipment; or

b.

Entered into a binding contractual obligation for the purchase of facilities or equipment which are intended to be used in its operation within a reasonable time. Options to purchase or contracts that can be terminated or modified without substantial loss, and contracts for feasibility, engineering, and design studies do not constitute a contractual obligation under this paragraph.

KK.

"Non-FSE FOG discharger (NFD)" - Any establishment, such as a church, synagogue, worship hall, banquet facility, or meeting space, with a commercial-style kitchen that is used for preparing, serving, or otherwise making available for consumption foodstuffs in or on a receptacle that requires washing two days a week or less and that discharges to the POTW.

LL.

"Non-significant industrial user (NSIU)" - A non-categorical industrial or commercial user of the POTW that does not qualify as a significant industrial user or minor industrial user, and that operates facilities that:

1.

Have no discharges of wastewater that could cause detectably elevated concentrations of metals or toxics in the pretreatment quarterly analysis; and

2.

Have no discharge of dangerous waste to the POTW which have been excluded from regulation under Chapter 173-303 WAC, or its successors, through the domestic sewage exclusion; and

3.

Have little or no potential to discharge or spill chemicals to the POTW.

MM.

"NPDES" - National Pollutant Discharge Elimination System permit program as administered by the USEPA or State.

NN.

"O and M" - Operation and maintenance.

OO.

"Occasional User" - A person who does not normally discharge to the POTW, but from time-to-time has a need to discharge hauled waste. Occasional users are required to obtain a discharge permit from the director, in accordance with Sections 13.06.080(F) through 13.06.080(H) of this chapter.

PP.

"Other User" - a non-domestic user not fitting the descriptions of a significant industrial user, minor industrial user, non-significant industrial user, occasional user, septic waste hauler, yet requiring some kind of best management practices to carry out the purposes of this chapter.

QQ.

"Other wastes" - Decayed wood, sawdust, shavings, bark, lime, refuse, ashes, garbage, offal, oil, tar, chemicals and all other substances except sewage and industrial wastes.

RR.

"Pass through" - A discharge that exits the POTW into waters of the United States in quantities or concentrations which, alone or in conjunction with a discharge or discharges from other sources, is a cause of a violation of any requirement of the City's NPDES permit, including an increase in the magnitude or duration of a violation.

SS.

"Person" - Any individual, partnership, co-partnership, firm, company, corporation, association, joint stock company, trust, estate, governmental entity, or any other legal entity; or their legal representatives, agents, or assigns. This definition includes all Federal, State, and local governmental entities.

TT.

"pH" - A measure of the acidity or alkalinity of a solution, expressed in standard units.

UU.

"POTW (public owned treatment works)" - A treatment works, as defined by Section 212 of the Act (33 U.S.C. Section 1292), that is owned by the City. This definition includes any devices or systems used in the collection, storage, treatment, recycling, and reclamation of sewage or industrial wastes of a liquid nature and any conveyances, that convey wastewater to a treatment plant.

VV.

"Pollutant" - Dredged spoil, solid waste, incinerator residue, filter backwash, sewage, garbage, sewage sludge, munitions, medical wastes, chemical wastes, biological materials, radioactive materials, heat, wrecked or discarded equipment, rock, sand, cellar dirt, municipal, agricultural and industrial wastes, and certain characteristics of wastewater (e.g., pH, temperature, TSS, turbidity, color, BOD, carbonaceous oxygen demand, toxicity, or odor).

WW.

"Pretreatment" - The reduction of the amount of pollutants, the elimination of pollutants, or the alteration of the nature of pollutant properties in wastewater prior to, or in lieu of, introducing such pollutants into the POTW. This reduction or alteration can be obtained by physical, chemical, or biological processes; by process changes; or by other means, except by diluting the concentration of the pollutants unless allowed by an applicable pretreatment standard.

XX.

"Septage" - Hauled domestic waste from residential and commercial on-site septic systems, and food service establishment grease interceptors.

YY.

"Sewage" - Water-carried human wastes or a combination of water-carried wastes from residence, business buildings, institutions and industrial establishments, together with such ground, surface, storm or other waters as may be present.

ZZ.

"Sewer" - Any pipe, conduit, ditch or other device used to collect and transport sewage or stormwater from the generating source.

AAA.

"Shall" - Is mandatory.

BBB.

"Significant industrial user (SIU)" - Except as provided in paragraph 3. below, a significant industrial user is:

1.

A user subject to categorical pretreatment standards; or

2.

A user that:

a.

Discharges an average of 25,000 gpd or more of process wastewater to the POTW (excluding sanitary, noncontact cooling, and boiler blowdown wastewater);

b.

Contributes a process waste stream which makes up five percent or more of the average dry weather hydraulic or organic capacity of the POTW treatment plant; or

c.

Is designated as such by the City on the basis that it has a reasonable potential for adversely affecting the POTW's operation or for violating any pretreatment standard or requirement.

3.

Upon a finding that a user meeting the criteria in paragraph 2. above has no reasonable potential for adversely affecting the POTW's operation or for violating any pretreatment standard or requirement, the City may at any time, on its own initiative or in response to a petition received from a user, and in accordance with procedures in 40 CFR 403.8(f)(6), or its successors, determine that such user should not be considered a significant industrial user.

CCC.

"Slugload" or "slug discharge" - Any discharge of a non-routine, episodic nature, including but not limited to, an accidental spill or a non-customary batch discharge, which has a reasonable potential to cause interference or pass through, or in any other way violate the POTW's regulations, local limits or permit conditions. This includes discharges at a flow rate or concentration that could cause a violation of the prohibited discharge standards of section 13.06.030 of this chapter.

DDD.

"Stormwater" - Any flow occurring during or following any form of natural precipitation, and resulting from such precipitation, including snowmelt.

EEE.

"Suspended solids" - The total suspended matter that floats on the surface of, or is suspended in, water, wastewater, or other liquid, and that is removable by laboratory filtering.

FFF.

"Toxic pollutants" - Those substances, and any other pollutant or combination of pollutants listed as toxic in regulations promulgated by the Administrator of the Environmental Protection Agency under Section 307, or its successors, of the Clean Water Act.

GGG.

"Upset" - An exceptional incident in which a discharger unintentionally and temporarily is in a state of noncompliance with the standards set forth in this chapter due to factors beyond the reasonable control of the discharger, and excluding noncompliance to the extent caused by operational error, improperly designed treatment facilities, inadequate treatment facilities, lack of preventive maintenance, or careless or improper operation thereof.

HHH.

"User" or "industrial user" - A source of indirect discharge. Any non-domestic source regulated under Sections 307(b), (c) or (d) of the Act. Any non-domestic source which has the potential to discharge wastewater to the POTW which could: pose a hazard to City staff or the POTW; pass through the POTW untreated or inadequately treated; interfere with operation of the POTW or the use and re-use of reclaimed water or sludge; or cause the City to violate any terms or limits of its NPDES permit.

III.

"Wastewater" - Industrial waste, or sewage or any other waste including that which may be combined with any groundwater, surface water or stormwater, that may be discharged to the POTW.

(Ord. 3561 § 1, 11/1/2016; Ord. 3397, 4/30/2010)

A.

AGI - Automatic grease interceptor.

B.

BOD - Biochemical oxygen demand.

C.

BMP - Best Management Practice.

D.

CFR - Code of Federal Regulations.

E.

CIU - Categorical Industrial User.

F.

DOE - Department of Ecology.

G.

EPA - U.S. Environmental Protection Agency.

H.

FSE - Food Service Establishment.

I.

FOG - Fats, oils and greases.

J.

gpd - gallons per day.

K.

GI - Grease interceptor.

L.

mg/l - milligrams per liter.

M.

MIU - Minor industrial user.

N.

NFD - Non-FSE FOG discharger.

O.

NPDES - National Pollutant Discharge Elimination System.

P.

POTW - Publicly owned treatment works.

Q.

RCRA - Resource Conservation and Recovery Act.

R.

SIU - Significant industrial user.

S.

TSS - Total suspended solids.

T.

USC - United States Code.

(Ord. 3561 § 1, 11/1/2016; Ord. 3397, 4/30/2010)

Except as otherwise provided herein, the Director shall administer, implement, and enforce the provisions of this chapter. Any powers granted to or duties imposed upon the Director may be delegated by the Director to other City personnel. The City of Port Angeles (City) will evaluate all industrial users (IUs) who wish to discharge into the City of Port Angeles' POTW. The City will issue all industrial wastewater discharge permits and perform enforcement actions against those IUs that are in violation of their discharge permit or this chapter.

(Ord. 3561 § 1, 11/1/2016; Ord. 3397, 4/30/2010)

The following discharges are prohibited:

A.

No user shall introduce or cause to be introduced into the POTW any pollutant or wastewater that causes pass through or interference. These general prohibitions apply to all users of the POTW whether or not they are subject to categorical pretreatment standards or any other National, State, or local pretreatment standards or requirements.

B.

No user shall introduce or cause to be introduced into the POTW the following pollutants, substances, or wastewater:

1.

Pollutants that either alone or by interaction may create a fire or explosive hazard in the POTW, a public nuisance or hazard to life, or prevent entry into the sewers for their maintenance and repair or are in any way injurious to the operation of the system or operating personnel. This includes waste streams with a closed-cup flashpoint of less than 140 degrees F (60 degrees C) using the test methods specified in 40 CFR 261.21, or its successors.

2.

Any soluble waste or wastes having a pH lower than 5.0 or higher than 11.0 or having any other corrosive property that reasonably could be hazardous to structures, equipment, or personnel of the City, such as, but not limited to, battery or plating acids and wastes, copper sulfate, chromium salts and compounds, or salt brine.

3.

Solid or viscous substances in amounts that may cause obstruction to the flow in the sewer or other interference with the operation of the system. In no case shall solids greater than one-quarter inch (0.64 cm) in any dimension be discharged.

4.

Pollutants, including oxygen-demanding pollutants (BOD, etc.), released in a discharge at a flow rate and/or pollutant concentration that, either singly or by interaction with other pollutants, will cause interference with the POTW.

5.

Wastewater having a temperature that will interfere with the biological activity in the system, has detrimental effects on the collection system, or prevents entry into the sewer. In no case shall wastewater be discharged that causes the wastewater temperature at the treatment plant to exceed 104 degrees F (40 degrees C).

6.

Petroleum oil, non-biodegradable cutting oil, or products of mineral oil origin, in amounts that will cause pass through or interference.

7.

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

8.

Trucked or hauled pollutants, except at discharge points designated by the Director in accordance with section 13.06.051 of this chapter.

9.

Noxious or malodorous liquids, gases, solids, or other wastewater that either singly or by interaction with other wastes, are sufficient to create a public nuisance or a hazard to life, or to prevent entry into the sewers for maintenance or repair.

10.

Wastewater that imparts color that cannot be removed by the treatment process, such as, but not limited to, dye wastes and vegetable tanning solutions, that consequently imparts color to the treatment plant's effluent, thereby violating the City's NPDES permit.

11.

Wastewater containing any radioactive wastes or isotopes except in compliance with applicable State or Federal regulations.

12.

Wastewater causing, alone or in conjunction with other sources, the treatment plant's effluent to fail toxicity test.

13.

Detergents, surface-active agents, or other substances that may cause excessive foaming in the POTW.

14.

Wastewater causing two readings on an explosion hazard meter at the point of discharge into the POTW, or at any point in the POTW, of more than ten percent or any single reading over 20 percent of the lower explosive limit based on an explosivity meter reading.

C.

The following classes of discharge are prohibited unless approved by the Director because of extraordinary circumstances, such as lack of direct discharge alternatives due to combined sewer service or need to augment sewage flows due to septic conditions:

1.

Noncontact cooling water in significant volumes.

2.

Stormwater, or other direct inflow sources.

3.

Wastewaters significantly affecting system hydraulic loading that do not require treatment or would not be afforded a significant degree of treatment by the system.

4.

New discharges of stormwater, surface water, groundwater, artesian well water, roof runoff, subsurface drainage, condensate, deionized water, noncontact cooling water, and unpolluted wastewater, unless specifically authorized by the Director.

5.

Sludges, screenings, or other residues from the pretreatment of industrial wastes, unless specifically authorized by the Director.

6.

Medical wastes, except as specifically authorized by the Director in a wastewater discharge permit.

D.

Pollutants, substances, or wastewater prohibited by this section shall not be processed or stored in such a manner that an unintended discharge to the sanitary sewer or the storm sewer could occur.

(Ord. 3623 § 1, 7/2/2019; Ord. 3561 § 1, 11/1/2016; Ord. 3397, 4/30/2010)

A.

No user shall discharge more than 100 mg/l of fats, oils or greases into the sewer system at any instant. The City may sample and inspect grease traps of commercial establishments to ensure they are being maintained to reduce buildup of grease in the sewer system. The City recognizes that preventative measures are necessary to control discharges containing FOG that might cause wastewater treatment plant interference. The City may require commercial establishments to initiate best management practices (BMPs) to control and maintain grease interceptors.

B.

All FSEs and NFDs shall have an adequate grease interceptor installed and exercise proper kitchen best management practices to ensure that excess concentrations of FOG are not discharged to the POTW. The property owner shall maintain all grease interceptors or traps in accordance with manufacturer recommendations.

C.

In the event that the City cleans a sewer main blocked by FOG originating from a commercial establishment, the commercial establishment shall reimburse the City for those costs.

(Ord. 3561 § 1, 11/1/2016; Ord. 3397, 4/30/2010)

A.

Prior to construction of a new FSE or NFD, a building permit shall be obtained from the appropriate jurisdiction. Plan submittals shall include kitchen fixture plan views and kitchen waste plans showing all potential grease discharging lines, all GIs, and connecting piping. The application shall be routed to the Director or his designee for review and approval prior to connecting new construction to the POTW.

B.

All new single occupancy food service establishment buildings shall be constructed with properly sized GIs. All kitchen drains and any other drains that may carry grease-laden waste shall be connected to a GI. A dishwasher shall not be connected to hydro-mechanical GIs. If a garbage disposal/garbage grinder/macerator or similar unit is installed in a kitchen, it must discharge to the Gl through a solids interceptor plumbed immediately after the garbage disposal/garbage grinder/macerator or similar unit. The solids interceptor shall be maintained in proper operating condition at all times.

C.

All new construction, multiple occupancy, and food service establishment buildings, shall include a separate waste line for all leasable spaces that discharge to a common 2,000 gallon or larger interceptor. This waste line shall be permanently marked to identify it as required by the Director. When a space is leased, sold, or rented to a FSE or NFD, all kitchen drains and any other drains that may carry grease-laden waste shall be connected to this waste line; no domestic sewage may be connected to this line. The property owner shall be responsible for proper maintenance of this interceptor in accordance with the provisions of this chapter.

D.

All new single occupancy NFD buildings shall install a properly sized GI. Gravity GIs are recommended, but hydro-mechanical GIs are permissible. All kitchen drains and any other drains that may carry grease-laden waste shall be connected to this GI (except the dishwasher if a hydro-mechanical GI is installed). If a hydro-mechanical GI is installed, the kitchen may not have a garbage disposal/garbage grinder/macerator or similar unit installed.

E.

Any FSE or NFD undertaking a substantial remodel will be considered to be new construction for the purposes of this chapter.

(Ord. 3623 § 1, 7/2/2019; Ord. 3561 § 1, 11/1/2016; Ord. 3397, 4/30/2010)

A.

Every person owning or operating an FSE without a functional GI shall be required to install a functional GI. The type of GI required will be determined by the Director, taking into account cost, available space and gradient, and any other pertinent information. Where feasible, all kitchen drains and any other drains that may carry grease-laden waste shall be connected to the GI. Dishwashers shall not be connected to hydro-mechanical grease interceptors. If a garbage disposal/garbage grinder/macerator or similar unit is installed in a kitchen, it must discharge to the GI through a solids interceptor plumbed immediately after the garbage disposal/garbage grinder/macerator or similar unit. The solids interceptor shall be maintained in proper operating condition at all times.

B.

Any existing NFD without a functional GI may be required to install one. The type of GI required will be determined by the Director, taking into account cost, available space and gradient, whether the user is in a grease impact area, and any other pertinent information. Where feasible, all kitchen drains and any other drains that may carry grease-laden waste shall be connected to this GI (except the dishwasher if a hydro-mechanical GI is installed). If a hydro-mechanical GI is installed, the kitchen may not have a garbage disposal/garbage grinder/macerator or similar unit installed.

(Ord. 3623 § 1, 7/2/2019; Ord. 3561 § 1, 11/1/2016; Ord. 3397, 4/30/2010)

A.

All GIs shall be maintained to ensure proper operation. At a minimum, gravity GIs shall be cleaned at least once every 90 days and hydro-mechanical GIs cleaned at least once per week. These required frequencies may be extended with the approval of the Director. GIs must be cleaned whenever the combined thickness of the floating greases and settled solids is equal to, or greater than, 25 percent of the total liquid depth in the GI.

B.

When cleaned, a gravity GI must be completely pumped out, all solids removed, solidified grease scraped from the interior and the structure and all internal plumbing inspected for damage and corrosion. The gravity GI shall be refilled with water prior to being placed back into operation. If repairs are required, they shall be performed within seven days.

C.

When cleaned, a hydro-mechanical GI must have surface grease and oil removed, settled solids removed, all sides scraped, removable parts removed and cleaned, be inspected for damage and corrosion, and be properly reassembled. If repairs are required, they shall be performed within seven days.

D.

The grease and solids that are removed in the process of cleaning a GI shall not be discharged back into the GI, any part of the POTW, any private sewer, any drainage piping, or storm sewer system. All grease and solids removed shall be handled and disposed of in accordance with Federal, State, County and Local laws, rules and regulations. Treated water inside a hydro-mechanical GI may be temporarily removed during cleaning and returned into the hydro-mechanical GI following complete cleaning.

E.

In addition to the maintenance required above, automatic grease interceptors shall be maintained in accordance with the manufacturers' guidelines.

(Ord. 3623 § 1, 7/2/2019; Ord. 3561 § 1, 11/1/2016; Ord. 3397, 4/30/2010)

No additive may be introduced to the plumbing system that would reduce the effectiveness of the GI.

(Ord. 3561 § 1, 11/1/2016; Ord. 3397, 4/30/2010)

Editor's note— Ord. 3623 § 1, adopted July 2, 2019, deleted § 13.06.036 entitled "Solids interceptor," which derived from: Ord. 3397, adopted Apr. 30, 2010; and Ord. 3561 § 1, adopted Nov. 1, 2016.

Grease interceptors shall be sized in accordance with the standards in the currently adopted plumbing code.

(Ord. 3561 § 1, 11/1/2016; Ord. 3397, 4/30/2010)

All grease interceptors shall have an internal or external flow control installed to ensure that wastewater flow through the trap does not exceed the manufacturer's design flow rating. This flow control shall be maintained in operating condition at all times.

(Ord. 3561 § 1, 11/1/2016; Ord. 3397, 4/30/2010)

Users subject to this chapter shall document all cleaning and maintenance activities performed on their GI. These records shall be maintained for a minimum of three years and be available for inspection and copying by the Director or his representative. This period shall be automatically extended for the duration of any litigation concerning the user or the POTW, or where the user has been specifically notified of a longer retention period required by the Director.

(Ord. 3561 § 1, 11/1/2016; Ord. 3397, 4/30/2010)

No user shall introduce or cause to be introduced into the POTW any of the following discharges unless approved otherwise in writing by the Director:

A.

A standard five-day biochemical oxygen demand greater than 400 milligrams per liter or 50 pounds in any one load, whichever is less.

B.

Wastes containing more than 400 milligrams per liter of suspended solids or 50 pounds in any one load, whichever is less.

C.

A daily average flow of 50,000 gallons or more, or a flow greater than five percent of the flow carried by the treatment facility receiving the waste, whichever is less.

(Ord. 3397, 4/30/2010)

The pretreatment standards found at 40 CFR Chapter I, Subchapter N, Parts 403—471, and its successors, are incorporated herein by this reference.

A.

Where a pretreatment standard, local limit, or permit limit is expressed only in terms of either the mass or the concentration of a pollutant in wastewater, the Director may impose equivalent concentration or mass limits in accordance with subsections 13.06.041.D.3 and E (see 40 CFR 403.6(c)).

B.

When pretreatment standards are expressed in terms of a mass of pollutant that may be discharged per unit of production, the Director may either impose limits based on mass or equivalent effluent concentrations. The user must supply appropriate actual or projected long-term production rates for the unit of production specified in order to facilitate this process (see 40 CFR 403.6(c)(2)).

C.

The Director may permit wastewater subject to a categorical pretreatment standard to be mixed with other wastewaters prior to treatment. In such cases, the user shall identify all categorical waste streams and provide sufficient information on each non-categorical waste stream to determine whether it should be considered dilute for each pollutant. Absent information showing that non-categorical waste streams contain the pollutant in question at levels above that of the supply water, such waste streams shall be considered dilute. In such situations, the Director shall apply the combined waste stream formula as found at 40 CFR 403.6(e), and its successors, to determine appropriate limits.

D.

When a pretreatment standard is expressed only in terms of pollutant concentrations, an industrial user may request that the City convert the limits to equivalent mass limits.

1.

The City may establish equivalent mass limits if the industrial user meets all of the conditions set forth below. To be eligible for equivalent mass limits, the industrial user must submit information with its permit application or permit modification request that:

a.

Shows it has a pretreatment system that has consistently met all applicable pretreatment standards and maintained compliance without using dilution.

b.

Describes the water conserving practices and technologies it employs, or will employ, to substantially reduce water use during the term of its permit.

c.

Includes the facility's actual average daily flow rate for all waste streams from continuous effluent flow metering.

d.

Determines an appropriate unit of production, and provides the present and long-term average production rates for this unit of production.

e.

Shows that long-term average flow and production are representative of current operating conditions.

f.

Shows that its daily flow rates, production levels, or pollutant levels do not vary so much that equivalent mass limits would be inappropriate.

g.

Shows the daily and monthly average pollutant allocations currently provided based on the proposed unit of production.

2.

An industrial user subject to equivalent mass limits must:

a.

Maintain and effectively operate control and treatment technologies adequate to achieve compliance with the equivalent mass limits.

b.

Continue to record the facility's flow by continuous effluent flow monitoring.

c.

Continue to record the facility's production rates.

d.

Notify the Director if production rates are expected to vary by more than 20 percent from the baseline production rates submitted according to subsection D.1.d of this section. The Director may reassess and revise equivalent limits as necessary to reflect changed conditions.

e.

Continue to employ the same or comparable water conservation methods and technologies as those implemented pursuant to subsection D.1.b of this section, so long as it discharges under an equivalent mass limit.

3.

Equivalent mass limits:

a.

Shall not exceed the product of the actual average daily flow from regulated process(es) of the user and the applicable concentration-based daily maximum and monthly average standards (and the appropriate unit conversion factor).

b.

May be reassessed and the permit revised upon notification of a revised production rate, as necessary to reflect changed conditions at the facility; and

c.

May be retained in subsequent permits if the user's production basis and other information submitted in subsection D.1 above, is verified in their reapplication. The user must also be in compliance with section 13.06.181 regarding the prohibition of bypass.

E.

The Director may convert the mass limits of the categorical pretreatment standards of 40 CFR Parts 414 (organic chemicals), 419 (petroleum refining), and 455 (pesticide formulating, packaging and repackaging) to concentration limits in permits for such users. In such cases, the Director will document the basis and the determination that dilution is not being substituted for treatment in the permit fact sheet.

F.

The Director is obliged under federal regulations to make the documentation of how any equivalent limits were derived (concentration to mass limits or vice versa) publicly available.

G.

Once incorporated into its permit, the user must comply with the equivalent limits in lieu of the categorical standards from which they were derived.

H.

The same production and flow estimates shall be used in calculating equivalent limits for the monthly (or multiple day average) and the maximum day.

I.

Users subject to permits with equivalent mass or concentration limits calculated from a production based standard shall notify the Director if production will significantly change. This notification is required within two business days after the user has a reasonable basis to know that production will significantly change in the next calendar month. Users who fail to notify the Director of such anticipated changes must meet the more stringent of the equivalent limits or the user's prior limits.

(Ord. 3623 § 1, 7/2/2019; Ord. 3561 § 1, 11/1/2016; Ord. 3397, 4/30/2010)

The current version of the Washington State pretreatment standards and requirements, located at Chapter 173-216 WAC, and all subsequent amendments to those standards and requirements, are incorporated herein by this reference. All waste materials discharged from a commercial or industrial operation into the POTW must satisfy the provisions of Chapter 173-216 WAC. The following are required for discharges to a POTW:

A.

Any person who constructs or modifies or proposes to construct or modify wastewater treatment facilities must first comply with the regulations for submission of plans and reports for construction of wastewater facilities, Chapter 173-240 WAC. Until the City is delegated the authority to review and approve such plans under RCW 90.48.110, sources of non-domestic discharges shall request approval for such plans through the Department of Ecology. To ensure conformance with this requirement, proof of the approval of such plans and one copy of each approved plan shall be provided to the Director before commencing any such construction or modification.

B.

Non-significant industrial users discharging only domestic wastewater, or wastewater that the Director has determined is similar in character and strength to normal domestic wastewater with no potential to adversely affect the POTW, shall not be required to obtain a discharge permit (WAC 173-216-050(1(d))).

C.

All significant and minor industrial users must apply for and obtain a discharge permit prior to discharging any pollutants to the POTW. Significant industrial users (SIUs) shall submit a complete permit application to the Director at least 90 days prior to the intended discharge. Minor industrial users (MIUs) shall submit a complete permit application to the Director at least 60 days prior to the intended discharge.

D.

All users shall apply all known, available, and reasonable methods to prevent and control waste discharges to the waters of the State (AKART). (WAC 173-216-050(3)).

E.

Discharge restrictions of Chapter 173-303 WAC (Dangerous Waste) shall apply to all users. (Prohibited discharge standards have been merged with Federal prohibitions in section 13.06.030).

F.

Claims of confidentiality shall be submitted according to WAC 173-216-080. Information which may not be held confidential includes the: Name and address of applicant, description of proposal, the proposed receiving water, receiving water quality, and effluent data. Claims shall be reviewed based on the standards of WAC 173-216-080, Chapter 42. 56 RCW, Chapter 173-03 WAC, and RCW 43.21A.160.

G.

Persons applying for a new permit or a permit renewal or modification which allows a new or increased pollutant loading shall publish notice for each application in the format provided by the City. Such notices shall fulfill the requirements of WAC 173-216-090. These requirements include publishing:

1.

The name and address of the applicant and facility/activity to be permitted.

2.

A brief description of the activities or operations which result in the discharge.

3.

Whether any tentative determination which has been reached with respect to allowing the discharge.

4.

The address and phone number of the office of the Director where persons can obtain additional information.

5.

The dates of the comment period (which shall be at least 30 calendar days).

6.

How and where to submit comments or have any other input into the permitting process, including requesting a public hearing.

H.

The Director shall require persons applying for a new permit or a permit renewal or modification which allows a new or increased pollutant loading to mail notice to persons who have expressed an interest in being notified, to State agencies and local governments with a regulatory interest, and shall post the notice on the premises. If the Director determines that there is sufficient public interest, the City shall hold a public meeting following the rules of WAC 173-216-100.

I.

Permit terms shall include, wherever applicable, the requirement to apply all known, available, and reasonable methods of prevention, control, and treatment.

J.

All required monitoring data shall be analyzed by a laboratory registered or accredited under the provisions of Chapter 173-50 WAC, except for flow, temperature, settleable solids, conductivity, pH, turbidity, and internal process control parameters. However, if the laboratory analyzing samples for conductivity, pH, and turbidity must otherwise be accredited, it shall be accredited for these parameters as well.

(Ord. 3561 § 1, 11/1/2016; Ord. 3397, 4/30/2010)

The City reserves the right to amend this chapter to provide for more stringent limitations or requirements on discharges to the POTW where deemed necessary to comply with the objectives set forth in section 13.06.010 of this chapter.

(Ord. 3397, 4/30/2010)

No user shall increase the use of process water, or in any way attempt to dilute a discharge, as a partial or complete substitute for adequate treatment to achieve compliance with a discharge limit, unless expressly authorized by an applicable pretreatment standard or requirement. The Director may impose equivalent mass limitations on users where deemed appropriate to safeguard against the use of dilution to meet applicable pretreatment standards or requirements, or in other cases when the imposition of equivalent mass limitations in lieu of, or in addition to, concentration based limitations is appropriate.

(Ord. 3623 § 1, 7/2/2019; Ord. 3397, 4/30/2010)

A.

The City has established local limits pursuant to 40 CFR 403.5(c). These limitations are "pretreatment standards" and are enforceable in wastewater discharge permits. The pollutant limits are established to protect against pass through and interference and reflect the application of reasonable treatment technology. No person shall discharge wastewater in excess of the following local limits.

B.

The limits apply at the point where the wastewater is discharged to the POTW. All concentrations for metallic substances are for total metal unless indicated otherwise. The Director may impose equivalent mass based limits in addition to, or in lieu of, concentration based limits.

C.

Users discharging BOD or TSS in excess of the concentration limits by more than the threshold amount identified in section 13.06.040, must apply for a permit. The permit will specify a maximum concentration that may not be exceeded. Such users shall be subject to surcharges up to the maximum loading limit established by permit.

D.

Users shall be subject to "instantaneous limits" (as determined by a grab sample) of equal to twice the "local limit" concentration for any pollutant for which a composite sample is required in a permit. This provision is inapplicable to Users without permits, or without the permit requirement to collect a composite sample for the analyte in question.

E.

The Director shall use the individual permit process to establish ceiling limits for compatible pollutants and appropriate discharge limits for all other pollutants not listed, including pollutants subject to regulation under RCRA, volatile or semi-volatile organics, halogenated or brominated compounds, poly-aromatic hydrocarbons, polymers, surfactants, pesticide active ingredients, etc.

F.

The Director may establish and require best management practices for any category of user or type of industrial process which creates a non-domestic waste stream. Such requirements may be applied either in lieu of or in addition to the local limits of section 13.06.045. BMPs may also include alternative limits which may be applied at the end of a specific process or treatment step instead of at the combined effluent.

(Ord. 3624 § 1, 8/20/2019; Ord. 3397, 4/30/2010)

The Director may require any user to develop and implement an accidental discharge/slug discharge control plan and take other actions the Director determines are necessary to control discharges that may be caused by spills or periodic non-routine activities. Accidental discharge/slug discharge control plans shall include at least the following:

A.

A description of all discharge practices, including any non-routine batch discharges such as from cleaning, replenishment, or disposal;

B.

A description of all stored chemicals, disclosing all ingredients in formulations which could violate a discharge prohibition if discharged to the sewer;

C.

The procedures for immediately notifying the Director of any accidental or slug discharge, as required by subsection 13.06.100.F of this chapter; and

D.

The procedures that will be taken to prevent the occurrence or adverse impact from any accidental or slug discharge. Such procedures shall address the inspection and maintenance of storage areas, handling and transfer of materials, loading and unloading operations, control of plant site runoff, worker training, building of containment structures or equipment, measures for containing toxic organic pollutants (including solvents), and/or measures and equipment for emergency response.

(Ord. 3397, 4/30/2010)

A.

Residential wastes meeting the definition of "septage" may be introduced into the POTW at locations designated by the Director, and at such times as are established by the Director. The hauler of such wastes shall be responsible for ensuring such wastes comply with all discharge prohibitions (section 13.06.030 of this chapter) and other applicable requirements of the City. The Director shall require septic tank waste haulers to obtain septic hauler discharge permits and provide a manifest at the time of discharge identifying the customer name, address, and volume from each residence.

B.

The Director shall require the hauler, and may also require the generator, of non-domestic waste (including FOG) to obtain a discharge permit. Any disposal of other hauled industrial waste must be first approved by the Director as required by section 13.06.080.

(Ord. 3397, 4/30/2010)

Users shall provide wastewater treatment as necessary to comply with this chapter and shall achieve compliance with all categorical pretreatment standards, local limits, and the prohibitions set out in section 13.06.030 of this chapter within the time limitations specified by EPA, the State, or the Director, whichever is more stringent. Any facilities necessary for compliance shall be provided, operated, and maintained at the user's expense, and satisfy state requirements for review and approval of Plans for Wastewater Facilities as described in section 13.06.042. Such plans (Engineering Report, Plans and Specifications, and Operation and Maintenance Manuals) shall be submitted as required by Chapter 173-240 WAC, and its successors, to Department of Ecology for review. Users shall obtain approval, and provide proof of Department of Ecology approval to the City, prior to construction. The review of such plans and operating procedures shall in no way relieve the user from the responsibility of modifying such facilities as necessary to produce a discharge acceptable to the City under the provisions of this chapter.

(Ord. 3397, 4/30/2010)

A.

The Director may halt or prevent any discharge of pollutants to the POTW that reasonably appear to present an imminent endangerment to the health or welfare of persons. In such cases, the Director will provide the user advance notice if possible, but shall not delay a response to imminent endangerment.

B.

The Director may halt or prevent any discharge to the POTW that presents or may present an endangerment to the environment or which threatens to interfere with the operation of the POTW (including the collection system and pump stations). In such cases, the Director shall attempt to provide not only notice to the affected user(s), but the opportunity to respond.

C.

The Director may require users to reduce or curtail certain discharges to the sewer, designate that certain wastewater be discharged only into specific sewers, relocate and/or consolidate points of discharge, separate sewage waste streams from industrial waste streams, and take all other measures to protect the POTW and determine the user's compliance with the requirements of this chapter.

D.

The Director, based on the determination that such devices are necessary for implementation of pretreatment requirements, may require any user to install and maintain, on their property and at their expense the following devices:

1.

A sample taking facility accessible to the Director.

2.

A suitable storage and/or flow equalization tank.

3.

Grease, oil, and/or grit interceptors.

4.

An approved combustible gas detection meter.

5.

Users installing any of the above devices shall ensure they are of the type and capacity approved by the Director, meet applicable building and plumbing codes, and conform to any separate requirements established by the City. Users shall locate units in areas easily accessible for cleaning and inspection by representatives of the Director. Users shall be responsible for all periodic inspection, cleaning, and repair of such devices.

(Ord. 3397, 4/30/2010)

A.

Industrial user surveys. To satisfy this requirement, all non-domestic users of the POTW must periodically complete an industrial user survey form. Users shall fully disclose the information requested and sign the completed form in accordance with subsection B below. Proper completion of survey requirements is a condition of initial and continued discharge to the POTW. Users failing to fully comply with survey requirements within 30 days shall be subject to all enforcement measures authorized under this chapter including termination of service. The Director is authorized to prepare several forms for this purpose and to require completion of the particular form which the Director determines appropriate to provide the information needed to categorize each user. The Director is authorized to categorize each user, provide written notice of a user's categorization and what it means, and revise this categorization at any time.

B.

Application signatories and certifications.

1.

All survey forms, wastewater discharge permit applications, and user reports must be signed by an authorized representative of the user and contain the certification statement in subsection 13.06.100.L.

2.

Users shall submit a new authorization if the designation of an authorized representative is no longer accurate. This includes when a different individual or position has responsibility for the overall operation of the facility, or overall responsibility for environmental matters for the company. The user must submit the new authorization prior to or with any reports to be signed by the new authorized representative.

C.

Wastewater discharge permit requirement.

1.

The Director shall require all significant and minor industrial users to obtain wastewater discharge permits.

2.

Occasional users are persons who do not normally discharge to the City POTW, but from time-to-time have a need to discharge hauled waste. Occasional users are required to obtain a discharge permit from the Director. Discharge permit applications and decisions shall be accomplished in accordance with subsections F through H of this section.

3.

Other users shall implement best management practices as necessary to carry out the purposes of this chapter. For example, a wastewater discharge permit may be required solely for flow equalization or grease control.

4.

Non-significant industrial users discharge only domestic wastewater, or wastewater that the Director has determined is similar in character and strength to normal domestic wastewater with no potential to adversely affect the POTW. Non-significant industrial users are not required to obtain a discharge permit.

5.

Any failure to complete the required survey form, to apply for and obtain a required permit, or to comply with the terms and conditions of a wastewater discharge permit shall be deemed violations of this chapter and subject the wastewater discharge permittee to the sanctions set out in sections 13.06.150 through 13.06.170 of this chapter. Obtaining a wastewater discharge permit does not relieve a permittee of its obligation to comply with all Federal and State pretreatment standards or requirements or with any other requirements of Federal, State and local law.

D.

Wastewater discharge permitting: Existing connections. Any user required to obtain a wastewater discharge permit who was discharging wastewater into the POTW prior to the effective date of this chapter and who wishes to continue such discharges shall, within 30 days after the effective date, apply to the Director for a wastewater discharge permit in accordance with subsection 13.06.080.F of this section, and shall not cause or allow discharges to the POTW to continue longer than 60 days after the effective date of this chapter except in accordance with a wastewater discharge permit issued by the Director.

E.

Wastewater discharge permitting: New connections. Persons wishing to establish a new discharge of non-domestic wastewater to the POTW must first complete a survey form. Any user identified by the Director through the survey as needing a permit must file a permit application. Complete applications for wastewater discharge permits, in accordance with subsection 13.06.080.F of this section, must be filed prior to the desired date of discharge in accordance with subsection 13.06.042.C, and the discharge permit obtained prior to commencing discharge.

F.

Wastewater discharge permit application contents.

1.

All users required to obtain a wastewater discharge permit must apply using the form provided by the Director. Users must supply the Director the following information as part of the permit application if relevant to the users operation:

a.

Identifying information.

i.

The name and physical address of the facility, the names of the operator/facility manager and owner, and the name and address of the point of contact;

ii.

A description of activities, facilities, and plant production processes on the premises.

b.

A list of any environmental control permits held by or for the facility.

c.

A description of operations and facilities including:

i.

A brief description of the operations, average rate of production, and industrial classification (SIC or NAICS codes) of the operation(s) conducted on site.

ii.

The number and type of employees, and proposed or actual hours of operation.

iii.

The type, amount, rate of production, and process used for each product produced.

iv.

The type and amount of raw materials used (average and maximum rates).

v.

The raw materials and chemicals to be routinely stored at the facility (including products in rail cars and tank trucks located on site).

vi.

The types of wastes generated on a routine and periodic basis.

vii.

The times and durations when wastes will be discharged.

viii.

A schematic process diagram showing each process step, waste stream, treatment step, internal recycle, and point of discharge to the POTW. This diagram should identify which streams are subject to categorical pretreatment standard (PSES or PSNS)s.

ix.

Site plans, floor plans, mechanical and plumbing plans, and details to show all sewers, floor drains, and appurtenances by size, location, and elevation, and all points of discharge.

x.

The sampling locations and provisions for monitoring discharges.

xi.

Whether plans for wastewater facilities under Chapter 173-240 WAC have been developed, and their approval status (engineering report, plans and specifications, and an Operations and Maintenance Manual).

d.

Flow data. The average daily (and maximum daily for SIUs only) flow, in gallons per day, to the POTW from each waste stream. Information shall be complete enough to allow use of the combined waste stream formula per subsection 13.06.041.C (and 40 CFR 403.6(e)) where applicable.

e.

Pollutant data.

i.

The categorical pretreatment standards applicable to each regulated process.

ii.

The results of sampling and analysis identifying the nature and concentration, (and mass where required by the standard or the Director), of regulated pollutants in the discharge from each regulated process.

iii.

The estimated peak instantaneous, daily maximum, and long-term average discharge concentrations (and mass) based on the sampling results.

f.

Sampling data to show samples are:

i.

Representative of daily operations.

ii.

Taken just downstream from pretreatment facilities if such exist, or just downstream of the regulated process(es) if no pretreatment exists.

iii.

Collected as required by section 13.06.111 of this chapter.

iv.

Analyzed according to section 13.06.110 of this chapter.

g.

Information confirming BMPs. Where standards specify a BMP or pollution prevention alternative, the user must include the information sufficient to document that the BMPs or the applicable standards are (or will be) implemented.

h.

Any request for a monitoring waiver (or a renewal of an approved monitoring waiver) for a pollutant neither present nor expected to be present in the discharge must include new sampling showing continued absence of the pollutant in the raw wastewater and satisfying subsection 13.06.100.D.

i.

Any other information deemed necessary by the Director to evaluate the situation and prepare a discharge permit.

2.

Incomplete or inaccurate applications will not be processed and will be returned to the user for revision. The City shall be held harmless for delays caused by returned applications.

G.

Wastewater discharge permit decisions. The Director will evaluate the data furnished by the user and may require additional information. Within 45 days of receipt of a complete permit application, the Director will determine whether to issue an individual wastewater discharge permit. The Director may deny any application for an individual wastewater discharge permit, if he or she determines that the discharge does not meet applicable pretreatment standards and requirements or when the discharge would cause the POTW to violate the NPDES permit.

H.

Wastewater discharge permit duration. The Director may issue a wastewater discharge permit for a period of up to five years from its effective date. Each wastewater discharge permit will indicate its expiration date.

I.

Wastewater discharge permit contents. Wastewater discharge permits will include conditions the Director deems reasonably necessary to carry out the goals of the pretreatment program (section 13.06.010), Federal and State regulations, and the requirements of this chapter.

1.

Wastewater discharge permits will contain:

a.

The permit issuance date, expiration date and effective date.

b.

A statement that the wastewater discharge permit is nontransferable except in accordance with subsection L of this section, and provisions for furnishing the new owner or operator with a copy of the existing wastewater discharge permit.

c.

Effluent limits, including Best Management Practices, based on applicable pretreatment standards and requirements to apply AKART (see subsection 13.06.042.I).

d.

The pollutants to be monitored and specific monitoring requirements. This includes the sampling location(s), sampling frequencies, and sample types consistent with Federal, State, and local law (see subsection 13.06.042.J).

e.

Requirements to submit certain reports (as reflected in section 13.06.100), provide various notifications, keep records, and implement best management practices.

f.

The process to be used to request a waiver from monitoring for a pollutant neither present nor expected to be present in the discharge in accordance with subsection 13.06.100.D.2, or a specific waived pollutant in the case of an individual permit.

g.

A statement of applicable civil and criminal penalties for violation of pretreatment standards and requirements, and any applicable compliance schedule. Such schedule may not extend the time for compliance beyond that required by applicable Federal, State or local law.

h.

Requirements to control slug discharges, including to develop, update, and implement slug discharge control plans in accordance with section 13.06.050 where the Director determines such plans are important to preventing accidental, unanticipated, or non-routine discharges.

i.

Any monitoring which has been conditionally waived by the Director according to subsection 13.06.100.D.2, but which automatically applies at any time the requirements of the conditional waiver are not met.

j.

Reapplication requirements.

2.

Wastewater discharge permits may contain, but need not be limited to, the following conditions:

a.

Pretreatment facilities and measures required by section 13.06.061 of this chapter.

b.

Limits on the average and/or maximum rate of discharge, time of discharge, and/or requirements for flow regulation and equalization.

c.

Requirements to install pretreatment technology, pollution controls, or to construct appropriate containment devices to reduce, eliminate, or prevent the introduction of pollutants into the treatment works, ground, or stormwater.

d.

Requirements to develop and implement of waste minimization plans to reduce the amount of pollutants discharged to the POTW.

e.

Requirements to pay charges or fees for discharge to the POTW including high strength charges.

f.

Requirements to install and maintain inspection and sampling facilities and equipment, including flow measurement devices.

g.

Notice that compliance with the wastewater discharge permit does not relieve the permittee of responsibility for compliance with all applicable Federal and State pretreatment standards, including those which become effective during the term of the wastewater discharge permit.

h.

Other conditions as deemed appropriate by the Director to ensure compliance with this chapter, and State and Federal laws, rules and regulations.

J.

Permit issuance process.

1.

Public notice. Users shall follow the procedures for public notice found in subsections 13.06.042.G and H. The Director shall consider and respond to public input as appropriate prior to issuance of a permit.

2.

Permit appeals. The Director shall provide public notice of the issuance of a wastewater discharge permit. The notice will be published in a newspaper of general circulation that provides meaningful public notice within the jurisdictions serviced by the POTW. Any person, including the user, may petition the Director to reconsider the terms of a wastewater discharge permit within 30 days of notice of its issuance.

a.

Failure to submit a timely petition for review shall be deemed to be a waiver of the administrative appeal.

b.

In its petition, the appealing party must indicate the wastewater discharge permit provisions objected to; the reasons for this objection; and the alternative condition, with rationale to support alternative conditions, if any, it seeks to place in the wastewater discharge permit.

c.

The effectiveness of the wastewater discharge permit shall not be stayed pending the appeal.

d.

If the Director fails to act within 30 days, a request for reconsideration shall be deemed to be denied. Decisions not to reconsider a wastewater discharge permit, not to issue a wastewater discharge permit, or not to modify a wastewater discharge permit shall be considered final administrative actions for purposes of judicial review.

e.

Aggrieved parties seeking judicial review of the final administrative wastewater discharge permit decision must do so by filing a complaint with Superior Court of Clallam County within 30 days.

K.

Wastewater discharge permit modification.

1.

The Director may modify a wastewater discharge permit for good cause, including, but not limited to, the following reasons:

a.

To incorporate any new or revised Federal, State or local pretreatment standards or requirements including new or revised local limits.

b.

To address new or changed operations, processes, production rates, waste streams, or changes in water volume or character.

c.

To reflect conditions at the POTW requiring an authorized discharge to be reduced or curtailed. Such requirements may be either temporary or permanent.

d.

Based on information indicating that a permitted discharge poses a threat to the POTW or staff, the receiving waters, or to violate a prohibition of this chapter.

e.

To address violations of any terms or conditions of the wastewater discharge permit.

f.

To address misrepresentations or failure to fully disclose all relevant facts in the wastewater discharge permit application or in any required report.

g.

To incorporate revisions based on a variance from categorical pretreatment standards approved pursuant to 40 CFR 403.13.

h.

To correct typographical or other errors in the wastewater discharge permit.

i.

To reflect a transfer of the facility ownership or operation to a new owner or operator as required under subsection L, below.

L.

Wastewater discharge permit transfer. Wastewater discharge permits may be transferred to a new owner or operator only if the permittee gives at least 30 days advance notice to the Director and the Director approves the wastewater discharge permit transfer. Failure to provide advance notice of a transfer renders the wastewater discharge permit void as of the date of facility transfer. The notice to the Director must include a written certification by the new owner or operator which:

1.

States that the new owner and/or operator will not change the facility's operations and processes unless in compliance with this chapter.

2.

Identifies the specific date on which the transfer is to occur.

3.

Acknowledges full responsibility for complying with the existing wastewater discharge permit.

M.

Wastewater discharge permit revocation. The Director may revoke a wastewater discharge permit for good cause, including, but not limited to, instances when a user has:

1.

Failed to notify the Director of significant changes to the wastewater prior to the changed discharge.

2.

Failed to provide prior notification to the Director of changed conditions pursuant to subsection 13.06.100.E of this chapter.

3.

Misrepresented or failed to fully disclose all relevant facts in the wastewater discharge permit application.

4.

Falsified self monitoring reports or tampered with monitoring equipment.

5.

Refused to allow the Director timely access to the facility premises and records.

6.

Failed to meet effluent limitations or permit conditions.

7.

Failed to pay applicable fines or sewer charges.

8.

Failed to meet compliance schedule deadline dates.

9.

Failed to complete a wastewater survey or wastewater discharge permit application.

10.

Failed to provide advance notice of the transfer of business ownership.

11.

Violated any pretreatment standard or requirement, or any terms of the wastewater discharge permit or this chapter.

12.

Ceased operations.

13.

Transferred business ownership.

14.

Wastewater discharge permits issued to a user are void upon the issuance of a new wastewater discharge permit to that user.

N.

Wastewater discharge permit re-issuance. User with an expiring wastewater discharge permit shall apply for wastewater discharge permit re-issuance by submitting a complete permit application, in accordance with subsection F of this section, a minimum of 90 days prior to the expiration of the user's existing wastewater discharge permit.

O.

Regulation of waste received from other jurisdictions.

1.

Prior to accepting wastewater for treatment from another municipality, or from a user located outside the municipal corporate boundaries of the City, the City shall enter into an inter-municipal agreement with the contributing municipality (County, Special Purpose District, or other government entity recognized under State law). Such agreement shall affix responsibilities in an enforceable manner to ensure that the pretreatment program is fully and equitably administered in all contributing jurisdictions. Any such agreement or modification to such an agreement shall be reviewed by the City's legal counsel and shall be submitted, together with the opinion that it is legally sufficient, to the approval authority (Department of Ecology) and processed as a minor program modification.

2.

Prior to entering into an agreement required by paragraph O.1. above, the Director shall request the following information from the contributing municipality:

a.

A description of the quality and volume of wastewater discharged to the POTW by the contributing municipality;

b.

An inventory of all users located within the contributing municipality that are discharging to the POTW; and

c.

Such other information as the Director may deem necessary.

3.

An interlocal agreement, as required by paragraph O.1., above, shall contain the following provisions:

a.

Requirements for contributing municipalities to adopt a sewer use chapter that establishes pretreatment Standards and Requirements as stringent as in this chapter. The chapter provisions and limits shall be revised to conform within nine months to any future revisions of the City's chapter.

b.

Requirements for the contributing municipality to submit a revised user inventory on at least an annual basis, and reinforce requirements to obtain a permit prior to discharge.

c.

A clear division of responsibilities for implementing each pretreatment related activity under this chapter or in the City's National Pollutant Discharge Elimination System (NPDES) permit. Such tasks include reinforcing prohibitions, locating users, issuing wastewater discharge permits, conducting inspections, sampling, evaluating compliance, initiating enforcement, and reporting compliance. Any activities that will be conducted jointly by the contributing municipality and the Director must also be identified.

d.

Requirements for the contributing municipality to provide the Director access to all information that the contributing municipality obtains as part of its pretreatment activities.

e.

The nature, quality (e.g. conventional and toxic pollutant concentrations), and volume (peak and average flow rates) the contributing municipality is allowed to discharge to the City. How and where compliance will be measured, how fees for service and surcharges will be established, and how additional loading capacity, if needed, will be negotiated.

f.

Provisions ensuring that the Director may enter and inspect users' facilities located within the contributing municipality's jurisdictional boundaries to confirm that the pretreatment program is being properly administered and that users are properly categorized, etc.

g.

Provisions for addressing any breach of the terms of the inter-municipal agreement.

(Ord. 3561 § 1, 11/1/2016; Ord. 3397, 4/30/2010)

A.

Baseline monitoring reports. When a categorical pretreatment standard (PSES or PSNS) for an industry category is published, users that perform that process are subject to the categorical pretreatment standard and users that either currently discharge or are scheduled to discharge wastewater from the process to the POTW, must submit a "baseline monitoring report" to the Director. This report must contain the information listed in the paragraph below. The report is due within 180 days after the effective date of a categorical pretreatment standard, unless the final administrative decision on a category determination comes later.

Users that wish to begin discharging wastewater to the POTW from operations subject to categorical pretreatment standards after EPA has published the standards (called New Sources), shall also submit a "baseline monitoring report" to the Director containing the information listed in paragraph below. However, for new sources, the report must be provided at least 90 days before desiring to discharge. New sources shall describe the method of pretreatment they intend to use to meet applicable categorical pretreatment standards. Because monitoring data will not be available for proposed facilities, new sources instead must provide estimates of the anticipated flow rates and quantity of pollutants to be discharged.

The baseline monitoring report shall include the following information:

1.

All information required in subsections 13.06.080.F.1.a through 13.06.080.F.1.g.

2.

Additional conditions for existing sources measuring pollutants:

a.

Users shall take a minimum of one representative sample to compile the data for the baseline monitoring report.

b.

Users shall take samples immediately downstream from pretreatment facilities if such exist or immediately downstream from the regulated process if no pretreatment exists. If the user mixes other wastewaters with the regulated wastewater prior to pretreatment, the user must provide the flows and concentrations necessary to apply the combined wastestream formula of subsection 13.06.041.C and 40 CFR 403.6(e). Where the user wants an alternate concentration or mass limit, and it is allowed by federal rules at 40 CFR 403.6(e), the user shall propose the adjusted limit and provide supporting data to the City.

c.

Sampling and analysis shall be performed in accordance with section 13.06.110 (Analytical requirements), and section 13.06.111 (Sample collection).

d.

The Director may allow the report to use only historical data if the data is good enough to allow the evaluation of whether (and which) industrial pretreatment measures are needed.

e.

The baseline report shall indicate the time, date, place of sampling and methods of analysis. The user shall certify that the sampling and analysis presented is representative of normal work cycles and expected pollutant discharges to the POTW.

3.

Compliance certification. The user shall furnish to the Director, upon request, a statement, reviewed by the user's authorized representative and certified by a qualified professional, indicating whether pretreatment standards are being met on a consistent basis, and, if not, whether additional operation and maintenance (O&M) and/or additional pretreatment steps are required to meet the pretreatment standards and requirements. A qualified professional could be someone that has comprehensive experience and training with the equipment, manufacturers representative, or a professional engineer.

4.

Compliance schedule. While New sources must install the treatment required to meet the pretreatment standards prior to operation, existing sources may be granted a compliance schedule where they must provide additional pretreatment and/or O&M to meet the pretreatment standards. In such cases, the user shall propose the shortest schedule by which they can provide the additional pretreatment and/or O&M. The completion date which the user proposes in this schedule may not be later than the compliance date established for the applicable pretreatment standard. Any compliance schedule authorized pursuant to this section must also meet the requirements set out in subsection B of this section.

5.

Signature and report certification. All baseline monitoring reports must be certified in accordance with subsection L of this section, and signed by an authorized representative as defined by subsection 13.06.011.E.

B.

Compliance schedule progress reports. The following conditions shall apply to compliance schedules proposed by operators of existing sources according to subsection A.4 above, of this section and incorporated into permits:

1.

The schedule shall establish dates for the commencement and completion of major events leading to the construction and operation of additional pretreatment required for the user to meet the applicable pretreatment standards (such events include, but are not limited to, hiring an engineer, completing preliminary and final plans, executing contracts for major components, commencing and completing construction, and beginning and conducting routine operation);

2.

No increment referred to above shall exceed nine months;

3.

The user shall submit a progress report to the Director no later than 14 days following each date in the schedule and the final date of compliance including, as a minimum, whether or not it complied with the increment of progress, the reason for any delay, and, if appropriate, the steps being taken by the user to return to the established schedule; and

4.

In no event shall more than nine months elapse between such progress reports to the Director.

C.

Reports on compliance with categorical pretreatment standard deadline. Both existing sources and new sources must submit a report on whether compliance has been initially achieved. For existing sources, the report is due 90 days after the date applicable categorical pretreatment standards give as the final compliance date. For a new source, the report is due 90 days after starting to discharge to the POTW. In both cases, the report must contain the information described in subsections 13.06.080.F.1.c through 13.06.080.F.1.f. For existing sources, it must also contain the compliance certification of subsection A.3 of this section and, if needed, the compliance schedule described in subsection A.4 of this section. Users subject to equivalent mass or concentration limits, as allowed by section 13.06.041, must include a reasonable measure of their long-term production rate. Other users subject to standards based on a unit of production (or other measure of operation) must include their actual production during the sampling period. All compliance reports must be signed and certified in accordance with subsection L.1 of this section.

D.

Periodic compliance reports.

1.

Significant and minor industrial users (SIUs and MIUs), must:

a.

Report at least twice a year, in June and December, unless other months are specified.

b.

Report the flows and concentrations of regulated pollutants in all discharges subject to pretreatment standards.

c.

Report average (and maximum for SIUs only) daily flows for the reporting period and identify where flow estimates are used.

d.

Include the documentation needed to show compliance with applicable BMPs, pollution prevention alternatives, maintenance, treatment, or record keeping requirements.

2.

The Director may authorize an industrial user (IU) to forego sampling of a pollutant regulated by a pretreatment standard when it is not present in raw wastewater provided:

a.

The IU submits a request for the waiver with their permit application or reapplication (see subsection 13.06.080.F.1.h).

b.

The IU analyzes a sample (or samples) representative of all wastewater from all processes before any treatment and includes all results with the request.

c.

The IU demonstrates through source water and untreated process water sample results that the pollutant never exceeds intake water levels. (Pollutants simply reduced by treatment to background levels are ineligible for the waiver.)

d.

The IU shows, where non-detectable sample results are returned in subsections D.2 or D.3, that they used the method from 40 CFR Part 136 with the lowest detection level.

e.

The duly authorized representative of the IU signs the request using the certification statement of subsection L.1 of this section.

f.

The IU includes, in routine monitoring reports, the statement in subsection L.2 of this section, certifying that there has been no increase in the pollutant in its waste stream due to activities of the user.

g.

The IU reports and immediately resumes the monitoring which would otherwise have been required upon discovering that a waived pollutant is present or expected to be present based on changes to the user's operations.

The Director will document the reasons supporting the waiver in the permit fact sheet, and keep any information submitted by the user and the fact sheet for three years after the waiver expires. Monitoring waivers are valid after being incorporated in a user's permit. The waiver is in effect while the permit is effective, up to five years. The Director may cancel a monitoring waiver at any time for any good reason.

3.

The Director may reduce the minimum periodic compliance reporting frequency for IUs from twice a year (subsection D.1 of this section) to once a year where the IU:

a.

Discharges wastewater subject to pretreatment standards at a rate less than one gallon per every 10,000 gallons of POTW design maximum monthly average flow capacity (per the Port Angeles NPDES permit). The IU must measure its discharge using a continuous (or totalizing) effluent flow meter. If the IU discharges in batches, the Director will determine eligibility by dividing total flows in all batches which contain any proportion subject to categorical pretreatment standards by the number of days the IU is in full operation in a given calendar month.

b.

Discharges less than 5,000 gallons of wastewater subject to categorical pretreatment standards on the maximum day (including for batch dischargers).

c.

Discharges categorical wastewater with less than one pound of BOD per each 10,000 pounds of POTW loading capacity. POTW loading capacity is the design maximum monthly average BOD loading capacity per the City's NPDES permit (or if not included in the permit, in approved City plans).

d.

Discharges less than 0.01 percent of the maximum allowable headworks loading for any pollutant regulated by both an applicable categorical pretreatment standard and a local limit in section 13.06.045 of this chapter.

e.

Has not been in significant non-compliance as defined in this chapter during the prior two years.

f.

Has daily flow rates, production levels, or pollutant levels that are consistent enough the Director believes will allow representative data at the decreasing reporting interval.

4.

Users must sign and certify all periodic compliance reports in accordance with subsection L.1 of this section.

5.

Users must take wastewater samples that are representative of their range of discharge conditions and of any discharge not disclosed in their permit application. Users must properly operate, clean, and maintain sampling and flow metering facilities and devices and ensure they function properly. The Director shall not allow user claims that sampling results are unrepresentative due to a user's failure to meet this requirement.

6.

Users subject to the reporting requirements in this section must report any additional monitoring which might determine compliance with permit requirements. This includes any additional monitoring of regulated pollutant at their respective effluent monitoring locations using procedures prescribed in subsection K of this section. In such cases, the results of this monitoring shall be included in periodic monitoring reports.

7.

Users that send electronic (digital) documents to the City to satisfy the requirements of this section must meet all state and federal electronic signature requirements: Electronic data shall be in the format required by the Director. The Director may also require reporting in both digital and traditional format.

E.

Reports of changed conditions. Each user must notify the Director of any significant changes to the user's operations or system that might alter the nature, quality, or volume of its wastewater. This notification must be made at least 30 days before the change. In such cases:

1.

The Director may require the user to submit information as needed to evaluate the changed condition. The Director may also require a new or revised wastewater discharge permit application under subsection 13.06.080.E of this chapter, and/or

2.

The Director may issue, reissue, or modify a wastewater discharge permit applying the procedures of subsection 13.06.080.J of this chapter in response to a user's notice under this section.

F.

Reports of potential problems.

1.

Any user that has any unusual discharge that could cause problems to the POTW must immediately notify the Director by telephone of the incident. Problems to the POTW that require reporting under this section include violating pretreatment prohibitions, treatment standards, or other requirements of section 13.06.040 of this chapter such as vapor toxicity and explosivity limits. Such discharges may include spills, slug loads, accidental discharges, or other discharges of a non-routine, episodic nature. This notification shall include the location of the discharge, type of waste, concentration and volume, if known, and corrective actions taken by the user to control and curtail the discharge.

2.

Within five calendar days following such discharge, the user shall submit a detailed written report describing the cause(s) of the discharge and the measures to be taken by the user to prevent similar future occurrences. Such notification shall not relieve the user of any expense, loss, damage, or other liability which may be incurred as a result of damage to the POTW, natural resources, or any other damage to person or property; nor shall such notification relieve the user of any fines, penalties, or other liability which may be imposed pursuant to this chapter.

3.

Regardless of whether the user has been required to submit a slug discharge control plan (per section 13.06.050), all users shall post notice in a prominent location advising employees who to call at the POTW to inform the director of a potential problem discharge (subsection F.1, above). Users shall ensure that all employees who may cause or witness such a discharge are advised of the emergency notification procedures.

4.

All users must immediately notify the Director of any changes at their facility that might increase their potential for a slug discharge. This includes increasing the volume of materials stored or located on-site which, if discharged to the POTW, would cause problems. Users required to prepare a slug discharge control plan under section 13.06.050 shall also modify their plans to include the new conditions prior to, or immediately after, making such changes.

G.

Reports from unpermitted users. All users not required to obtain a wastewater discharge permit or general permit shall provide appropriate reports to the Director as the Director may require. This includes periodically completing and signing industrial questionnaire disclosure forms.

H.

Notice of violation/repeat sampling and reporting. If sampling performed by a user indicates a violation, the user must notify the Director within 24 hours of becoming aware of the violation. The user shall also repeat the sampling and analysis and submit the results of the repeat analysis to the Director within 30 days after becoming aware of the violation. The Director may waive the repeat sampling requirement where the City has sampled the effluent for the pollutant in question prior to the user obtaining sampling results.

I.

Notification of the discharge of hazardous waste.

1.

Any user who discharges any substance which, if otherwise disposed of, would be a hazardous waste under 40 CFR part 261 or Chapter 173-303 WAC must also comply with the following requirements:

a.

Notify the Director, the EPA Regional Waste Management Division Director, and Washington State Hazardous Waste and Toxics Reduction Personnel, in writing, of the discharge. Maintain a copy of this notification and include it in all subsequent permit applications or re-applications under this chapter.

b.

Include the following information in the notification:

i.

The name of the hazardous waste as found in 40 CFR Part 261,

ii.

The EPA hazardous waste number,

iii.

The type of discharge (continuous, batch, or other).

c.

If the discharge totals more than 220 pounds in any month, also provide:

i.

The hazardous constituents contained in the wastes,

ii.

An estimate of the mass and concentration of hazardous constituents in the wastestream discharged during that calendar month, and

iii.

An estimate of the mass of constituents in the wastestream expected to be discharged during the following 12 months.

d.

This notice shall be repeated for new or increased discharges of substances subject to this reporting requirement.

e.

All notifications must take place prior to discharging a substance for which these reporting requirements apply. If this is not possible, the notice must be provided as soon after discharge as practical and describe why prior notice was not possible.

f.

Users must provide notifications under this paragraph only once to EPA and the State for each hazardous waste discharged. However, all of the information of these notices shall be repeated in each new permit application submitted under this chapter.

g.

This requirement does not relieve the user from requirements to provide other notifications, such as of changed conditions under subsection E of this section, or applicable permit conditions, permit application requirements, and prohibitions.

h.

The notification requirements in this section do not apply to pollutants for which routine monitoring and reporting is required in a permit under this chapter.

2.

Users must report all discharges of more than 33 pounds in a 30-day period of substances which, if otherwise disposed of, would be hazardous wastes. Users must also report any discharge of acutely hazardous wastes as specified in 40 CFR 261.30(d) and 261.33(e), and their successors. Subsequent months during which the user discharges more of a hazardous waste for which notice has already been provided do not require another notification to EPA or the State, but must be reported to the Director.

3.

If new regulations under RCRA describe additional hazardous characteristics or substances as a hazardous waste, the user must provide notifications as described by this section within 90 days of the effective date of such regulations.

4.

For any notification made under this section, the user shall certify that it has a program in place to reduce the volume and toxicity of hazardous wastes generated to the degree it has determined to be economically practical and shall describe that program and reductions obtained through its implementation.

5.

This provision does not create a right to discharge any substance not otherwise permitted to be discharged by this chapter, a permit issued thereunder, or any applicable Federal or State law.

J.

Date of receipt of reports. The Director will credit written reports as having been submitted on the date of the postmark when mailed through the United States Postal Service. Reports delivered in any other manner will be credited as having been submitted on the business day received.

K.

Record keeping. Users subject to reporting requirements of this chapter shall retain the below records for all monitoring required by this chapter and for any additional monitoring which could be used to satisfy minimum monitoring requirements. Users must make these records available for inspection and copying at the location of the discharge. Users must similarly maintain documentation associated with any best management practices required under authority of section 13.06.045. Monitoring records shall include at least:

1.

The time, date and place of sampling.

2.

The sampling and preservation methods used.

3.

The person taking the sample and persons with control of the sample prior to analysis.

4.

The person performing the analyses and the date the analysis was completed.

5.

The analytical techniques or methods used.

6.

The results of analysis.

7.

Users shall retain quality control and quality assurance information provided by the laboratory and submit this information in routine reporting. This information also has value in the event that the sample data is called into question. For analytes for which Washington State requires use of a certified/accredited laboratory, users must maintain the scope of accreditation for laboratories performing any analyses for them.

8.

Users shall maintain the above records for at least four years, after permit expiration, or until any litigation concerning the user or the City is complete, or for longer periods when the user has been specifically notified of a longer retention period by the Director.

L.

Certification statements.

1.

The following certification statement must be signed by an authorized representative as defined by section 13.06.011 and included when submitting:

a.

A permit (re-)application in accordance with subsection 13.06.080.F;

b.

A baseline monitoring report under subsection A of this section;

c.

A report on compliance with the categorical pretreatment standard deadlines under subsection C of this section;

d.

A periodic compliance report required by subsections D.1—4 of this section; or

e.

An initial request to forego sampling of a pollutant based on subsection D.2.e of this section.

"I certify under penalty of law that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fine and imprisonment for knowing violations."

2.

Certification of pollutants not present. Users that have an approved monitoring waiver based on subsection D.2 of this section must also include the following certification statement in each report. This statement certifies that there has been no increase in the pollutant in its wastestream due to activities of the user:

"Based on my inquiry of the person or persons directly responsible for managing compliance with the pretreatment standard for 40 CFR ____________ [specify applicable National Pretreatment Standard part(s)], I certify that, to the best of my knowledge and belief, there has been no increase in the level of ____________ [list pollutant(s)] in the wastewaters due to the activities at the facility since filing of the last periodic report under section 13.06.100."

(Ord. 3561 § 1, 11/1/2016; Ord. 3397, 4/30/2010)

All pollutant sampling and analyses required under this chapter shall conform to the most current version of 40 CFR Part 136, unless otherwise specified in an applicable categorical pretreatment standard. If 40 CFR Part 136 does not contain sampling or analytical techniques for a pollutant, or the Director determines that the Part 136 sampling and analytical techniques are inconsistent with the goal of the sampling, the Director may specify an analytical method. If neither case applies, users shall use validated analytical methods or applicable sampling and analytical procedures approved by EPA.

(Ord. 3397, 4/30/2010)

Users must ensure all samples they collect to satisfy sampling requirements under this chapter are representative of the range of conditions occurring during the reporting period. Users must also ensure that, when specified, samples are collected during the specific period.

A.

Users must use properly cleaned sample containers appropriate for the sample analysis and sample collection and preservation protocols specified in 40 CFR Part 136 and appropriate EPA guidance.

B.

Users must obtain samples for oil and grease, temperature, pH, cyanide, total phenols, sulfides, and volatile organic compounds using grab collection techniques.

C.

For certain pollutants, users may composite multiple grab samples taken over a 24-hour period. Users may composite grab samples for cyanide, total phenols, and sulfides either in the laboratory or in the field, and may composite grab samples for volatile organics and oil and grease in the laboratory prior to analysis.

D.

For all other pollutants, users must employ 24-hour flow-proportional composite samplers unless the Director authorizes or requires an alternative sample collection method.

E.

The Director may authorize composite samples for parameters unaffected by the compositing procedures, as appropriate.

F.

The Director may require grab samples either in lieu of or in addition to composite sampling to show compliance with instantaneous discharge limits.

G.

In all cases, users must take care to ensure the samples are representative of their wastewater discharges.

H.

Users sampling to complete baseline monitoring and 90-day compliance reports required by section 13.06.100, must satisfy some specific requirements. These reports require at least four grab samples for pH, cyanide, total phenols, oil and grease, sulfide and volatile organic compounds. Users may composite samples prior to analysis if allowed in 13.06.111.C. Where historical sampling data exist, the Director may also authorize fewer samples.

I.

For periodic monitoring reports, (subsection 13.06.100.D), the Director may specify the number of grab samples necessary to assess and assure compliance with applicable pretreatment standards and requirements.

J.

In cases where a user fails to sample for one or more required parameters within 30 days of the required timeframe, the City may collect and analyze a wastewater sample from the user's discharge for the required parameter(s). The City may add the costs for sampling and analysis (staff time, materials and analysis) to the user's sewer bill.

(Ord. 3561 § 1, 11/1/2016; Ord. 3397, 4/30/2010)

A.

Inspection and sampling. The Director is authorized to perform such inspection and sampling as he determines necessary to determine whether a user is complying with all requirements of this chapter and any wastewater discharge permit or order issued hereunder. Users shall allow the Director ready access to all parts of the premises for the purposes of inspection, sampling, records examination and copying, and the performance of any additional duties.

1.

Where a user has security measures in force which require proper identification and clearance before entry into its premises, the user shall make necessary arrangements with its security guards so that, upon presentation of suitable identification, the Director will be permitted to enter without delay for the purposes of performing specific responsibilities.

2.

The Director shall have the right to set up on the user's property, or require installation of, such devices as are necessary to conduct sampling and/or metering of the user's operations.

3.

Users shall provide full access to the Director to use any monitoring facilities and utilities available or required in accordance with sections 13.06.060 and 13.06.061(C) and (D) to confirm that the standards or treatment required for discharge to the sewer are being met.

4.

Any temporary or permanent obstruction to safe and easy access to the facility to be inspected and/or sampled shall be promptly removed by the user at the written or verbal request of the Director and shall not be replaced. The costs of clearing such access shall be borne by the user.

5.

Any unreasonable delay in allowing the Director full access to the user's premises and wastewater operations shall be a violation of this chapter.

B.

Search warrants. The Director may seek issuance of a search warrant from a court of competent jurisdiction. Such warrants may be secured when:

1.

The Director has been refused access or is unable to locate a representative who can authorize access to a building, structure, or property, or any part thereof, and has probable cause that a violation of this chapter is occurring on the premises.

2.

The Director has been denied access to inspect and/or sample as part of a routine inspection and sampling program of the City designed to verify compliance with this chapter or any permit or order issued hereunder; or

3.

The Director has cause to believe there is imminent endangerment of the overall public health, safety and welfare of the community by an activity on the premises.

(Ord. 3397, 4/30/2010)

Generally, information submitted to demonstrate compliance with pretreatment standards and requirements will be freely available to the public. Users may request certain information be withheld as confidential, if the following is followed.

A.

Users may request that specific information be maintained as confidential. Users must promptly identify the specific information in writing, and describe why the information would be entitled to protection under applicable State or Federal laws.

B.

The City shall use its normal procedure to determine whether such information is exempt from public disclosure. When approved, the information shall not be available as public records and shall be marked confidential.

C.

All other information submitted to the Director and obtained from the Director's oversight shall be available to the public subject to the City records review policy.

D.

Federal rules prevent wastewater constituents and characteristics and other effluent data, as defined by 40 CFR 2.302, from being recognized as confidential information. Additionally, all information shall be available to governmental agencies for uses related to the NPDES program or pretreatment program, or in enforcement proceedings involving the person furnishing the report.

(Ord. 3397, 4/30/2010)

A.

Publishing: The Director must annually publish a list of the users which, at any time during the previous 12 months, were in significant noncompliance with applicable pretreatment standards and requirements. The list will be published in a newspaper of general circulation that provides meaningful public notice within the jurisdictions served by the POTW.

B.

Definition: The term significant noncompliance means:

1.

Any violation of a pretreatment standard or requirement including numerical limits, narrative standards, and prohibitions, that the Director determines has caused, alone or in combination with other discharges, interference or pass through, or endangerment of the health of POTW personnel or the general public.

2.

Any discharge of a pollutant that has caused imminent endangerment to the public or to the environment, or has resulted in the Director's exercise of its emergency authority to halt or prevent such a discharge.

3.

Any violation(s), including of Best Management Practices, that the Director determines will adversely affect the operation or implementation of the local pretreatment program.

4.

Chronic violations of wastewater discharge limits, defined here as those in which 66 percent or more of all of the measurements taken for the same pollutant parameter taken during a rolling six-month period exceed, by any magnitude, a numeric pretreatment standard or requirement, including instantaneous limits of section 13.06.030.

5.

Technical review criteria (TRC) violations, defined here as those in which 33 percent or more of wastewater measurements taken for each pollutant parameter during a rolling six-month period equal or exceed the product of the numeric pretreatment standard or requirement, (including instantaneous limits, as defined by section 13.06.030), multiplied by the applicable criteria. Applicable criteria are 1.4 for BOD, TSS, fats, oils and grease, and 1.2 for all other pollutants except pH.

6.

Failure to meet, within 90 days of the scheduled date, a compliance schedule milestone contained in a wastewater discharge permit or enforcement order for starting construction, completing construction, or attaining final compliance.

7.

Failure to provide any required report within 45 calendar days after the due date. This includes initial and periodic monitoring reports, and reports on initial compliance and on meeting compliance schedules.

8.

Failure to accurately report noncompliance.

C.

Applicability: The criteria in paragraphs 1-3 above are applicable to all users, whereas the criteria in paragraphs 4-8 are only applicable to SIUs.

(Ord. 3397, 4/30/2010)

In administering the City's Pretreatment Program, the Director shall follow the City Pretreatment Program's (the program) procedures as approved by DOE. In response to non-compliance with any requirement of this chapter, the Director shall apply the enforcement response plan, which is included in the Program approved by DOE. This Plan ensures that the application of remedies provided in sections 13.06.150, 13.06.160 and 13.06.170 of this chapter is appropriate to the violation, and consistent with the treatment of other users. Any person may review or obtain a copy (for a nominal charge) of the enforcement response plan by contacting the Director.

A.

Notification of violation. The Director may serve a written notice of violation on any user that the Director finds has violated any provision of this chapter, including terms or requirements of a permit, order, or a pretreatment standard or requirement. In all cases in this chapter, a continuation of a violation of a provision of this chapter is a "violation." Users shall, in response to a notice of violation, provide the Director a written explanation of the violation, its cause, and a corrective action plan within 30 days of the receiving this notice. Users submitting plans to correct noncompliance must include the specific actions they will take to correct ongoing and prevent future violations at the soonest practicable date. The Director's acceptance of a plan does not relieve a user of liability for any violations. The Director may also take any action, including emergency actions or any other enforcement action, without first issuing a notice of violation.

B.

Consent orders. The Director may enter into a consent order or other voluntary agreement to memorialize agreements with users violating any requirement of this chapter. Such agreements must include the specific action(s) required and date(s) they are to be completed to correct the noncompliance. Such documents must be constructed in a judicially enforceable manner, and have the same force and effect as administrative orders issued pursuant to sections 13.06.150(D) and 13.06.150(E) of this chapter.

C.

Show cause hearing. The Director may propose actions in response to a violation of any provision of this chapter, including a provision of a permit, order, or a pretreatment standard or requirement. The Director may order a user in violation to appear at a date, time, and location set by the Director to show why the proposed enforcement action should not be taken. The Director will notify the user of the violation, the proposed action, the rationale, and the users rights and obligations to provide evidence why the proposed enforcement action should not be taken, and to provide its support for any alternative it proposes at this meeting. This notification shall be served personally or by registered or certified mail (return receipt requested) at least 20 days prior to the hearing. Such notice may be served on any authorized representative of the user as defined in section 13.06.011. A show cause hearing shall not be a bar against, or prerequisite for, taking any other action against the user.

D.

Compliance orders. The Director may issue a compliance order to any user that has violated any provision of this chapter including a requirement of a permit, order, or a pretreatment standard or requirement. The compliance order may direct that the user come into compliance within a specified time, install and properly operate adequate treatment facilities or devices, or take such measures as the Director finds are reasonably necessary. These measures may include additional self-monitoring and management practices designed to minimize the amount of pollutants discharged to the sewer. A compliance order shall not extend the deadline for compliance established for a pretreatment standard or requirement, or relieve a user of liability for any violation, including a continuing violation. If the user does not come into compliance within the time provided, sewer service may be discontinued. Issuance of a compliance order shall not be a bar against, or a prerequisite for, taking any other action against the user.

E.

Cease and desist orders. When the Director finds that a user has violated, or continues to violate, any provision of this chapter, a wastewater discharge permit or order issued hereunder, or any other pretreatment standard or requirement, or that the user's past violations are likely to recur, the Director may issue an order to the user directing it to cease and desist all such violations and directing the user to:

1.

Immediately comply with all requirements; and

2.

Take such appropriate remedial or preventive action as may be needed to properly address a continuing or threatened violation, including halting operations and/or terminating the discharge. Issuance of a cease and desist order shall not be a bar against, or a prerequisite for, taking any other action against the user.

F.

Administrative fines.

1.

When the Director finds that a user has violated, or continues to violate, any provision of this chapter, a wastewater discharge permit or order issued hereunder, or any other pretreatment standard or requirement, the Director may fine such user in an amount not to exceed $1,000.00. Such fines shall be assessed on a per-violation, per-day basis. In the case of monthly or other long-term average discharge limits, fines shall be assessed for each day during the period of violation.

2.

The Director may add the costs of any emergency response, additional monitoring, investigation, and administrative costs related to the noncompliance and the Director's response to the situation to the amount of the fine.

3.

The Director will consider the economic benefit enjoyed by a user as a result of the noncompliance in cases where there appears to have been a monetary benefit from not complying. In such cases, the Director shall ensure that fines, to the maximum amounts allowable, exceed the benefit to the user from the noncompliance.

4.

Unpaid charges, fines, and penalties shall, at 30 calendar days past the due date, be assessed an additional penalty of one percent of the unpaid balance, and interest shall accrue thereafter at a rate of one percent per month. After 30 days the City shall be authorized to file a lien against the user's property for unpaid charges, fines, and penalties.

5.

Users desiring to dispute such fines must file a written request for the Director to reconsider the fine along with full payment of the fine amount within 15 working days of being notified of the fine. Where a request has merit, the Director may convene a hearing on the matter. In the event the user's appeal is successful, the Director shall rebate the difference between the initial and final penalty amounts to the user.

6.

Issuance of an administrative fine shall not be a bar against, or a prerequisite for, taking any other action against the user.

G.

Emergency suspensions. The Director may immediately suspend a user's discharge, or threatened discharge, when it reasonably appears to present a substantial danger to the health or welfare of persons. In such cases, the Director will first provide informal notice to the user. The Director may also immediately suspend a user's discharge, after notice and opportunity to respond, that threatens to interfere with the operation of the POTW, or that presents, or may present, a danger to the environment. Nothing in this section shall be interpreted as requiring a hearing prior to any emergency suspension under this section.

1.

Any user notified of a suspension of its discharge shall immediately stop or eliminate its contribution. If a user fails to immediately comply voluntarily with the suspension order, the Director may take such steps as deemed necessary to protect the public and its interest in the sewer system. Remedies available to the Director include immediately severing the sewer connection, at the user's expense, turning off pump stations downstream of the user, and partnering with law enforcement. The Director may not allow the user to recommence its discharge until the user has demonstrated to the satisfaction of the Director that the situation warranting the suspension has been properly addressed and any proposed termination proceeding has been resolved.

2.

A user that is responsible, in whole or in part, for any discharge presenting imminent endangerment shall submit a detailed written statement, describing the causes of the harmful contribution and the measures taken to prevent any future occurrence. Users shall submit this report to the Director prior to the date of any show cause or termination hearing under sections 13.06.150(C) and 13.06.150(H) of this chapter.

3.

Any user causing the Director to exercise emergency authority, shall be responsible for reimbursement of all related costs to the City.

H.

Termination of discharge. Any user who violates any of the following conditions is subject to having the privilege of discharging to the public sewer system withdrawn:

1.

Discharge of non-domestic wastewater without a permit, including:

a.

Where the appropriate permit has not been requested,

b.

Where the appropriate permit has not yet been issued, or

c.

Where the permit has been denied or revoked based on the provisions of section 13.06.080(M) (permit revocation) of this chapter.

2.

Violation of permit terms and conditions including:

a.

Exceeding any permit limit.

b.

Failing to meet other pretreatment standards or requirements.

c.

Violating any prohibition.

d.

Failing to properly monitor and report discharges or changed conditions.

3.

Refusal of reasonable access to the user's premises for the purpose of inspection, monitoring, or sampling; (whether subject to a permit or not).

4.

Violation of the pretreatment standards and requirements in section 13.06.030 of this chapter, including failure to satisfy industrial user survey requirements.

When the Director determines this remedy is necessary and appropriate to fulfill the intentions of this chapter, such user will be notified of the proposed termination of its discharge and be offered an opportunity to show cause under section 13.06.150(C) of this chapter why the proposed action should not be taken. Exercise of this option by the Director shall not be a bar to, or a prerequisite for, taking any other action against the user.

(Ord. 3397, 4/30/2010)

A.

Injunctive relief. The Director may seek injunctive relief when a user has violated, or continues to violate a provision of this chapter, including a pretreatment standard or requirement, or a permit or order issued hereunder. In such cases, the Director may petition a court of competent jurisdiction for the issuance of a temporary or permanent injunction, as appropriate, which restrains or compels the specific performance of the wastewater discharge permit, order, or other requirement imposed by this chapter on activities of the user. The Director may also seek such other action as is appropriate for legal and/or equitable relief, including a requirement for the user to conduct environmental remediation. A petition for injunctive relief shall not be a bar against, or a prerequisite for, taking any other action against a user.

B.

Civil penalties.

1.

A user which has violated, or continues to violate a provision of this chapter including a pretreatment standard or requirement, or a permit or order issued hereunder shall be liable to the City for a maximum civil penalty of $5,000.00 per violation, per day. Penalties shall accrue for each day during the period of the violation.

2.

The Director also may recover restitution, reasonable attorneys' fees, court costs, other expenses associated with any emergency response, enforcement activities, additional monitoring and oversight, and costs of any actual damages to the City.

3.

In determining the amount of civil liability, the Court shall take into account all relevant circumstances. The Director shall provide the Court a recommended civil penalty amount, and its basis. This basis address, as available, the extent of harm caused, the magnitude and duration of the violation, any economic benefit gained, the timing of users actions and responses, corrective actions by the user, and the users compliance history. The Director will provide the range of penalty amounts its enforcement response plan suggests if it addresses the situation and provides such guidance. The Director will provide any other facts the Court requests, or the Director believes important for the Court to have to render a just determination.

4.

Filing a suit for civil penalties shall not be a bar against, or a prerequisite for, any other action the Director may take to resolve noncompliance by a user.

C.

Criminal prosecution. Any user who willfully does any of the following shall be guilty of a crime and upon conviction, be punished by a fine of not more than $5,000.00 per violation, per day, or imprisonment for not more than one year, or both:

1.

Willfully violates any provision of this chapter, a wastewater discharge permit, or order issued hereunder, or any other pretreatment standard or requirement, or

2.

Who willfully introduces any substance into the POTW that causes personal injury or property damage, or

3.

Who knowingly makes any false statements, representations, or certifications in any application, record, report, plan, or other documentation filed, or required to be maintained, pursuant to a chapter, wastewater discharge permit, or order issued hereunder, or who falsifies, tampers with, or knowingly renders inaccurate any monitoring device or method required under this chapter.

The penalties provided for above shall be in addition to any other criminal charges or judicial remedies, including remedies provided above for causing personal injury, endangerment, or destruction of public property available under State law.

D.

Remedies nonexclusive. The remedies provided for in this chapter are not exclusive. The Director may take any, all, or any combination of these actions against a noncompliant user. Enforcement of pretreatment violations will generally be in accordance with the City's enforcement response plan. However, the Director may take other action against any user when the circumstances warrant. Further, the Director is empowered to take more than one enforcement action against any noncompliant user.

(Ord. 3397, 4/30/2010)

A.

Penalties for late reports. The Director may assess a penalty of $100.00 to any user for each day that a report required by this chapter, a permit or order issued hereunder is late. Penalties accrue beginning the fifth day after the report is due. The Director's actions to collect late reporting penalties shall not limit the Director's authority to initiate any other enforcement action.

B.

Performance bonds. The Director may require a satisfactory bond, payable to the City, in a sum not to exceed a value determined by the Director as necessary to assure the user will achieve consistent compliance with this chapter. The Director may require this bond as an enforcement response or as a prerequisite to issue or reissue a wastewater discharge permit. Any user who has failed to comply with any provision of this chapter, a previous permit or order issued hereunder, or any other pretreatment standard or requirement may be subject to this requirement.

This bond may also be required of any category of user which has led to public burdens in the past regardless of the compliance history of the particular user. The City may use this bond to pay any fees, costs, or penalties assessed to the user whenever the user's account is in arrears for over 30 days. This includes the costs of cleanup of the site if the user goes out of business, sells the business to a person that does not first assume the bond, or goes bankrupt. Users may petition the Director to convert their performance bond to a requirement to provide liability insurance, or to forego any such safeguard based on their performance. User may petition no more frequently than once in any 12-month period.

C.

Liability insurance. The Director may require a user to provide insurance if it previously failed to comply with any provision of this chapter, a previous permit, or order issued hereunder, or any other pretreatment standard or requirement. The Director may also require users in businesses which historically have left a public burden to clean up pollution to obtain this insurance, regardless of their compliance history. In such cases, users must provide proof that the insurance is sufficient to cover any liabilities incurred under this chapter, including the cost of damages to the POTW and the environment caused by the user. The Director may require users to provide the proof of such insurance either in response to noncompliance or prior to issuing or reissuing a wastewater discharge permit.

D.

Payment of outstanding fees and penalties. The Director may decline to issue or reissue a wastewater discharge permit to any user who has failed to pay any outstanding fees, fines or penalties incurred as a result of any provision of this chapter, a previous permit or order issued hereunder.

E.

Water supply severance. The Director may order water service to a user severed whenever a user has violated or continues to violate any provision of this chapter, a permit, or order issued hereunder, or any other pretreatment standard or requirement. Users wishing to restore their service must first demonstrate their ability to comply with this chapter and pay the related costs of this action.

(Ord. 3623 § 1, 7/2/2019; Ord. 3397, 4/30/2010)

A.

Affirmative defense—Operating upsets.

1.

An upset shall constitute an affirmative defense to enforcement actions in response to noncompliance with categorical pretreatment standards (section 13.06.041), but not local limits (section 13.06.045) when the requirements of section 13.06.181, below, are met.

2.

A user who wishes to establish the affirmative defense of upset shall demonstrate, through properly signed, contemporaneous operating logs, or other relevant evidence that:

a.

An upset occurred and the user can identify the cause(s) of the upset.

b.

The facility was at the time being operated in a prudent and workman-like manner and was in compliance with applicable operation and maintenance procedures.

c.

Where the upset involved reduction, loss, or failure of its treatment facility (e.g., a power failure), the user controlled production of all discharges to the extent necessary to maintain compliance with categorical pretreatment standards until the facility was restored or an alternative method of treatment was provided. The user submitted the following information to the Director within 24 hours of becoming aware of the upset. When initially provided orally, the user must have provided a written report within five days:

i.

A description of the indirect discharge and cause of noncompliance.

ii.

The period of noncompliance, including exact dates and times or, if not corrected, the anticipated time the noncompliance is expected to continue.

iii.

Steps being taken and/or planned to reduce, eliminate, and prevent recurrence of the noncompliance.

3.

In any enforcement proceeding, the user seeking to establish the occurrence of an upset shall have the burden of proof.

4.

Users will have the opportunity for a judicial determination on any claim of upset only in an enforcement action brought for noncompliance with categorical pretreatment standards.

B.

Prohibited discharge standards.

1.

User will have an affirmative defense to an enforcement action brought against it for noncompliance with the prohibitions in sections 13.06.030(A), and 13.06.030(B)(3—7) of this chapter in certain cases. The user must be able to prove that it did not know, or have reason to know, that its discharge, alone or in conjunction with discharges from other sources, would cause pass through or interference and that either:

a.

A local limit exists for each pollutant discharged and the user was in compliance with each limit directly prior to, and during, the pass through or interference; or

b.

No local limit exists, but the discharge did not change substantially in nature or constituents from the user's prior discharge when the City was regularly in compliance with its NPDES permit, and in the case of interference, was in compliance with applicable sludge use or disposal requirements.

(Ord. 3397, 4/30/2010)

A.

For the purposes of this section,

1.

Bypass means the intentional diversion of waste streams from any portion of a user's treatment facility.

2.

Severe property damage means substantial physical damage to property, damage to the treatment facilities which causes them to become inoperable, or substantial and permanent loss of natural resources which can reasonably be expected to occur in the absence of a bypass. Severe property damage does not mean economic loss caused by delays in production.

B.

A user may allow a bypass to occur if it does not cause pretreatment standards or requirements to be violated and is essential for maintenance to assure efficient operation of the user's treatment facility.

C.

Any other bypass must meet the following requirements:

1.

Users knowing in advance of the need for a bypass must submit prior notice to the Director, at least ten days before the bypass wherever possible.

2.

Users must tell the Director of any unanticipated bypass that exceeds applicable pretreatment standards within 24 hours of becoming aware of the bypass. Users must provide a written follow-up report within five days. The Director may waive the written report if the oral report was timely and complete. Unless waived, the written report must contain:

a.

A description of the bypass (volume, pollutants, etc).

b.

What caused the bypass.

c.

When, specifically, the bypass started and ended.

d.

When the bypass is expected to stop (if ongoing).

e.

What steps the user has taken or plans to take to reduce, eliminate, and prevent the bypass from reoccurring.

D.

Bypass:

1.

The Director may take an enforcement action against a user for a bypass, unless:

a.

Bypass was unavoidable to prevent loss of life, personal injury, or severe property damage;

b.

There were no feasible alternatives to the bypass, such as the use of auxiliary treatment facilities, retention of untreated wastes, or maintenance during normal periods of equipment downtime. This condition is not satisfied if adequate back-up equipment should have been installed in the exercise of reasonable engineering judgment to prevent a bypass which occurred during normal periods of equipment downtime or preventive maintenance; and

c.

The user submitted notices as required under paragraph (C) of this section.

2.

The Director may approve an anticipated bypass, after considering its adverse effects, if the Director determines that it will meet the three conditions listed in paragraph (D)(1) of this section.

(Ord. 3397, 4/30/2010)

Pretreatment charges and fees are set forth in a resolution authorized by Chapter 1.25 PAMC, see Appendix B.

(Ord. 3719 § 1, 9/5/2023; Ord. 3397, 4/30/2010)

For the purpose of carrying into effect the provisions of this chapter and for the purpose of operating and regulating the light and power system utility of the City of Port Angeles, there is created and established an electric utility to be operated by the City's Department of Public Works and Utilities, which, for the purposes of this chapter, shall also be referred to as the "department".

(Ord. 3080 § 1, 5/27/2001; Ord. 2341 § 1, 5/28/1985)

A.

The City Manager shall appoint a suitable and qualified person as Director of the department.

B.

The word "Director", as used in this chapter, shall mean the Director of the City Public Works and Utilities Department, or his designated agent or employee.

C.

The Director shall have full charge and control of all work provided for and contemplated by this chapter subject to the ultimate control and authority of the City Manager and the City Council.

D.

The Director shall have authority to adopt and file, as appropriate, rules, regulations, policies, and procedures relating to the department's performance of the provisions of this chapter and to the operation of the City's light and power system.

E.

The Director shall have the authority to restrict the use of loads, generation, and/or services during an emergency when the Director determines that the continued use of the loads would jeopardize the City's generation, transmission, substation, or distribution system.

F.

During periods of power shortage, the Director may limit the use of electric space heating in any manner that may be deemed necessary. At any time, the Director may refuse to supply electricity to any customer whose demand therefor may seriously impair service to any other customer.

(Ord. 3080 § 1, 5/27/2001; Ord. 2341 § 1, 5/28/1985)

A.

The Director shall have free access at any reasonable time to any and all premises furnished with electric current by the City for the purpose of inspection of any wires or electric devices on such premises, reading or installing meters, and removing or repairing any property of the City, or for any other reasonable purpose connected with the light and power system of the City. For the department's systems in underground areas, 24-hour personnel access shall be provided to all vaults, switchgear rooms, or other facilities on customer property.

B.

All lamps, meters, wires and other electrical equipment or appliances supplied by the City shall be and remain the property of the City and may be removed, replaced or repaired whenever the Director may so elect.

C.

Customers shall maintain a minimum three feet wide clear working space for three feet in front of every electric meter, service pedestal, or pad-mounted electrical equipment related to the electrical supply. The area defined by this working clearance shall be a minimum of six feet six inches high and accessible as defined in paragraph 13.10.030(A). It is unlawful for any person to store, maintain or keep any goods, materials, or rubbish within this access space, or to construct any structure or plant vegetation that interferes with this working clearance.

D.

Upon request, the customer shall correct any condition that limits or restricts free and safe access to or operation of the department's meters or service. Failure of the customer to comply within a reasonable time specified, as determined by the Director, shall subject the customer to disconnection of service.

(Ord. 3430 § 1, 5/13/2011; Ord. 2341 § 1, 5/28/1985)

A.

All purchased electricity, other than emergency, standby service, or customer generation, used on the premises of the customer shall be supplied exclusively by the electric utility within the City. No person, firm, company, or utility shall directly or indirectly sell, sublet, assign or otherwise dispose of to another, electrical power received by him/her/them from the City. No person, firm, company or utility shall buy, lease or otherwise receive electrical power from any person, firm, company or utility other than the City except as authorized by the Director. Nothing herein shall be taken as forbidding landlords or marinas who pay for electricity used by their tenants from providing such electric service and charging a mutually agreed figure therefor. Purchases of electricity for resale are prohibited, except between electric utilities as authorized by the Director.

B.

Nothing contained in this chapter shall be construed as requiring the City or the Director to enter into any contract or to furnish electric current to any person applying therefor. The Director is hereby authorized and empowered to refuse to enter into any such contract or to furnish such electric current.

C.

The Director may, before connecting any premises with the City's circuits or furnishing electric current therefrom, cause the wiring, appliances and fixtures to be carefully inspected, and until such wiring, appliances and fixtures are put in proper condition satisfactory to the Director, decline to connect the service wires with the City's circuits and shall have the power at any time to disconnect the service from the premises when the wiring, appliances or fixtures shall become or are found to be defective or dangerous, until the same are repaired to the satisfaction of the Director.

D.

It shall be unlawful for any person other than the Director to connect any house, premise, wire, or other appliances with the City's electric current for the purpose of securing electric current therefrom, or for any other purpose whatsoever.

E.

No customer shall connect his service with that of any other customer, or in any way supply any other person or premises with electricity through his service, except as approved by the department after the filing of a written application with the department for the connection and receipt of a permit from the department for connection. In the absence of a signed agreement or application for service, the delivery of electric service and the acceptance thereof by the customer shall be deemed to constitute an agreement that incorporates this chapter.

F.

The customer shall provide a suitable service entrance to the premises at the point of easiest access to the distribution line that the department proposes to connect to the customer's system. Such entrance shall be continuous and so arranged that the possibility of improper tampering or interference is minimized.

G.

The department may require customers to provide on their premises, at their own expense, additional protective devices deemed necessary by the department to protect the department's property or personnel, or the property or personnel of the department's other customers.

H.

The department shall not supply electricity for any new or larger service to multiple dwelling buildings for the purpose of master metering the energy usage of the dwelling units except for master metered services approved prior to December 1, 1984.

I.

The department has the responsibility of providing electrical equipment of a suitable capacity to deliver power in accordance with the customer's load requirements. In the event that the customer changes his load materially, exceeding that initially provided, he shall notify the department sufficiently in advance so that the department may revise its facilities accordingly. in the event that the customer fails to notify the department and, as a result, the City's equipment is damaged, the customer shall be liable for the costs of such damage.

(Ord. 3080 § 1, 5/27/2001; Ord. 2341 § 1, 5/28/1985)

A.

Unless authorized by the department, no person shall commit the following acts or cause others to commit the following acts: In any manner damage, mutilate, destroy, remove, connect, disconnect, or in any way interfere or tamper with any machinery, poles, wires, meters, seals, or other equipment belonging to, or in any manner connected with, the light and power system of the City. Whenever it becomes necessary to disconnect, remove, or relocate any poles, wires, underground facilities, or other equipment belonging to the City, the work shall be done by or under the direction of the department. Prior notice shall be given to the department by the person desiring the work done, stating when and where the work is required. The person desiring the work may be required to pay the cost of labor, equipment rental, material and overhead charges required to do the work.

B.

The customer shall at all times keep his wiring and appliances in such condition that they can be used without causing damage, delay, or cost to the City.

C.

The City shall use reasonable diligence in providing adequate electrical service to the customer. However, should the nature of the customer's equipment require protection, reversal of phase rotation, voltage control, unbalance, single phasing, safety, reliability or other requirements which exceed the levels provided by the City, it shall be the responsibility of the customer to provide such protection at his own expense. The City shall not be liable for damages caused to the customer's equipment when the customer's equipment requirements exceed those provided for by the City. The customer shall have the responsibility to provide suitable devices adequate to protect his three-phase motors and other equipment against reversal of phase rotation and single phasing.

D.

Customers shall not cause unusual fluctuations or disturbances in the City's electrical system. Customers may be required, at their own expense, to install suitable apparatus which will reasonably limit such disturbances. Where the customer's use of electrical equipment results in an interference with the quality of the customer's own service or that of neighboring customers, or where the customer requires voltage control within unusually close limits, the department may require to provide, at the customer's own expense, such special or additional equipment as is required. This may apply to cases of extreme unbalance of single and three-phase loads.

E.

The department shall be notified in case of defective service by the customer, owner, or person in control of the premises.

(Ord. 2341 § 1, 5/28/1985)

A.

When any customer desires to purchase electricity under a metered rate as established by Chapter 13.12 PAMC, separate meters must be installed to measure the current supplied at each rate, and the electricity passing through each meter must be charged for at the price specified in the rate schedule for such separate uses. The City shall own, operate and maintain all meters and metering transformers.

B.

The department will make periodic tests and inspections of meters and will make additional tests or inspections of meters at the request of any customer. No charge shall be made for any such additional test if there is a meter error of more than two percent. If the meter error is two percent or less, the fee for a meter test shall be charged to and collected from the customer. If any test shows a meter error of more than two percent, a pro rata adjustment shall be made in the customer's billing for a period of not more than 90 days prior to the date of the test; provided, that in no event shall any adjustment be made for any period prior to the date of any previous meter test.

C.

The department may install sealable locking devices on certain enclosures containing unmetered conductors, including, but not limited to, meter sockets, meter enclosures, current transformer enclosures, test switch enclosures, wire troughs, bus gutters, and terminal boxes.

D.

New or enlarged services to a duplex or a multiple dwelling building shall have common areas and common equipment supplied through a separate house meter.

E.

The customer shall not install or use equipment or devices to submeter electricity for the purpose of reselling or otherwise apportioning the costs of electric energy usage; except that the department shall permit the apportionment of electricity for boat mooring establishments and recreational vehicle (RV) parks under the following circumstances:

1.

Electrical service to boat mooring establishments and recreational vehicle parks may be master metered. The department will not provide meters for individual spaces nor directly bill individual tenants at a boat moorage establishment or recreational vehicle park for which a master metering arrangement has been established.

2.

Apportionment of electricity by customer-operator shall be considered a service provided by a boat mooring establishment or recreational vehicle park. The charge for such service shall be reasonable and nondiscriminatory and shall not exceed the operator's average cost per KWH as billed by the City plus the operator's reasonable cost of providing such service, and shall not exceed the proportion of the costs for which the boat moorage or recreational vehicle park tenant is responsible.

3.

Operators of electric vehicle charging stations may charge for such service by establishing fees. Electric vehicle charging services must comply with metering requirements of section 13.12 and must not interfere with the service of other customers.

F.

When the department determines that, in the particular installation, it is in the best interest of the department to do so, the department may provide a portion of the customer's service entrance equipment. The type of metering equipment (which may include meter, current transformer and enclosures, meter bases and junction boxes) shall be determined by the department.

G.

As to monthly demand charges established under Chapter 13.12, billing demand shall be based on the maximum 15-minute average metered demand or the maximum 15-minute rolling average metered demand that occurs each month.

H.

Meter sockets shall be placed only at those locations authorized by the department and shall afford proper protection to meters. In order that the meter can be easily read, the center of the meter socket shall be located not less than five feet or more than seven feet above finish grade. If, as determined by the department, the meter is inaccessible or improperly located for reading, the customer shall be required to relocate his service entrance to a suitable location or the department may install a remote metering device and all costs incurred shall be borne by the customer.

I.

Should the customer request additional metering equipment, the department may install such equipment as agreed upon. The cost of such additional equipment, including necessary spares if any, shall be borne by the customer, including labor, equipment rental, material and overhead charges.

The cost of maintenance of such additional equipment shall be borne by the customer. The charge for maintenance of such equipment shall be sufficient to cover the department's costs as determined by the Public Works and Utilities Director.

The department may provide metering pulses from existing metering equipment at the customer's cost.

(Ord. 3708 § 2, 12/6/2022; Ord. 3347 § 1, 1/1/2009; Ord. 3297 § 1, 10/1/2007; Ord. 3080 § 1, 5/27/2001; Ord. 2969, 10/17/1997; Ord. 2369 § 1, 1/3/1986; Ord. 2341 § 1, 5/28/1985)

A.

In accordance with Chapter 80.60 RCW, it shall be the policy of the City to encourage private investment in renewable energy resources by offering to make net metering available and allowing net metering systems to be interconnected, provided that the requirements of Chapter 80.60 RCW and the department's policies and procedures are met.

B.

The department's Electrical Engineering Manager is authorized to establish customer interconnection standards and enter into connection agreements with customer-generators for the purpose of setting forth the specific duties, responsibilities, terms, and conditions, including the method of payment by the City for net energy, provided that such standards and agreements shall be consistent with Chapter 80.60 RCW and the department's policies and procedures.

C.

In accordance with Chapter 82.16 RCW, it shall be the policy of the City to encourage private investment in renewable energy resources by offering investment cost recovery incentives for renewable energy systems, provided that the requirements of Chapter 82.16 RCW and the department's policies and procedures are met.

(Ord. 3374, 8/28/2009; Ord. 3080 § 1, 5/27/2001)

A.

It shall be unlawful for any inspector, agent or employee of the City to ask, demand, receive or accept any personal compensation for any service rendered to a consumer of electric current or to any other persons or customers in connection with supplying, connecting or furnishing electric current by the City.

B.

No promises, agreements or representations of any employee or agent of the City with reference to the furnishing of services by the department or its employees shall be binding on the City unless the same shall be in writing, signed by the Director.

(Ord. 2341 § 1, 5/28/1985)

A.

Nothing in this chapter shall be construed as placing upon the City any responsibility for the condition, maintenance or safety of customers' electrical wiring or current consuming devices or other equipment; and the City shall not be responsible for any loss or damage resulting from defects, failures, malfunctions, or electrical faults in or originating in any electrical wiring, current consuming devices, or other equipment which they may own or operate, install or maintain. The City shall not be responsible for damage to persons or property arising from the use of the electric service on the premises of the customer.

B.

It is the responsibility of customers to protect themselves, life and property from the use, misuse, and/or availability of electrical current on their premises and from the consequences of the use, misuse and/or availability of electrical current on their premises.

C.

It is the responsibility of customers to provide, install, use, inspect, and maintain suitable protection and protective devices to protect themselves, life, and property from any defect, failure, malfunction and/or electrical fault in or originating in any electrical wiring, current consuming devices, or other equipment which they may own, operate, install, or maintain; and to protect themselves, life, and property from the consequences of any defect, failure, malfunction and/or electrical fault in or originating in any electrical wiring, current consuming devices, or other equipment which they may own, operate, install, or maintain.

D.

The City shall not be liable for any loss, injury, or damage resulting from the interruption, restoration, or reduction of electric service from any cause, including, but not limited to, failure of generation, transmission, substation, and distribution systems, inadequacy of energy supply, implementation of emergency plans, or temporary disconnections for repairs and maintenance or failure to pay for service rendered.

(Ord. 2341 § 1, 5/28/1985)

A.

Any person, firm or corporation who shall fail to comply with any of the provisions of this chapter shall be deemed guilty of a Class II misdemeanor.

B.

In addition to any other penalty for the violation of the provisions of this chapter, the electric service of any person determined to have violated the provisions of this chapter may be discontinued and such violator shall be civilly and criminally liable for all damages and for all extra current used by reason of such violation.

(Ord. 2341 § 1, 5/28/1985)

A.

Applicability. This schedule applies to electric vehicle (EV) charging services located on City-owned property.

B.

Character of service. Provide electric vehicle (EV) charging stations for public and City use.

C.

Uniform rate effective January 1, 2023:

1.

The base charge is $0.38 per kWh.

2.

An additional fee of $1.00 per hour, charged in full hour increments, will be assessed for recharging services in excess of six hours.

(Ord. 3709 § 1, 12/20/2022)

A.

Any single motor of over ten horsepower, single phase; any single motor of over 20 horsepower, polyphase; any single electric load over 50 kVA; and welders and x-ray equipment shall not be placed in service without prior approval from the Public Works and Utilities Department. The Public Works and Utilities Department may require a customer to install reduced voltage motor starters or other mitigation if operation of customer equipment may interfere with the quality of service to other customers.

B.

When a request for residential service requires an extension or re-arrangement of distribution facilities to serve new loads or residential customers, or when a request for non-residential service requires a new transformer and/or an extension of distribution facilities to serve new loads or non-residential customers, the Public Works and Utilities Department will determine the amount of service extension costs, if any, and all applicable taxes to be paid by the customer prior to actual construction. Non-residential service extension costs include all design and construction labor, material, overhead, taxes, and transformer costs. Residential service extension costs do not include transformer material costs which are charged at the time of home construction.

C.

If a request for non-residential service is canceled in writing after the service extension costs determined in paragraph B., above, have been paid to the Public Works and Utilities Department, a refund may be issued to the original payer, less all service extension costs incurred by the City prior to cancellation.

D.

If a request for residential service is canceled in writing after the service extension costs determined in paragraph B. above have been paid, a refund may be issued to the original payer, less any actual construction costs incurred plus cancellation fees.

E.

It shall be the customer's responsibility to provide and clear at least a 20-foot access to within 150 feet of the metering point.

F.

All required rights-of-way and/or easements, properly executed, must be in the Public Works and Utilities Department's possession before construction is started. The Public Works and Utilities Department may require the customer to install and maintain poles, wires and/or other equipment on his property necessary to serve at a greater distance than 150 feet from the Public Works and Utilities Department's supply facilities to the customer's metering point.

G.

Any changes or re-arrangements of the Public Works and Utilities Department's facilities at the request of the customer will be done only if the customer pays all costs associated with the change or re-arrangement, including overhead and all applicable taxes.

H.

Metering shall be provided as specified by the Public Works and Utilities Department, which shall have the right to install such equipment as it finds necessary to determine any and all operating conditions.

I.

The Public Works and Utilities Department may meter accounts in accordance with 13.12.041, 13.12.060 and 13.12.073 PAMC as it finds necessary for real power (kW), real and reactive power (kVAR), or apparent power (kVA). Billing demand may be based on real power, real and reactive power including power factor adjustment, or apparent power in lieu of power factor adjustment. Accounts only metered for real power shall be assumed to have unity power factor. The City shall have the right to refuse or discontinue service to any customer not maintaining a power factor of at least 80 percent.

J.

North American Electric Reliability Corporation (NERC) holidays. The following are NERC holidays: Memorial Day is the last Monday in May, Labor Day is the first Monday in September, and Thanksgiving Day is the fourth Thursday in November. New Year's Day, Independence Day, and Christmas Day, are predetermined dates each year. However, in the event that they fall on a Sunday, the NERC holiday is the Monday immediately following that Sunday. If these days fall on a Saturday, the NERC holiday remains on that Saturday.

K.

All fees required by this chapter are set forth in a resolution authorized by Chapter 1.25, see Appendix B.

(Ord. 3719 § 1, 9/5/2023; Ord. 3464 § 1, 10/16/2012, eff. 1/7/2013; Ord. 3392 § 2, 2/12/2010; Ord. 3380 § 1, 1/4/2010; Ord. 3347 § 2, 1/1/2009; Ord. 3271 § 1, 2/8/2007; Ord. 3098 § 1 (part), 11/1/2001; Ord. 2417 § 1, 12/1/1986; Ord. 2369 § 2, 1/3/1986; Ord. 2137 § 1, 5/15/1981; Ord. 2054 § 1, 1/1/1980)

For customers requesting an optional time of use electric rate schedule, the monthly rates for electricity consumed are set forth in a resolution authorized by Chapter 1.25, see Appendix B. The monthly rate includes all applicable taxes. Heavy load hours are all hours from 6:00:00 a.m. to 1:59:59 p.m., Monday through Saturday. Medium load hours are all hours from 2:00:00 p.m. to 9:59:59 p.m., Monday through Saturday. Light load hours are all other hours Monday through Saturday, all day Sunday and all day on North American Electric Reliability Corporation specified holidays. Pacific Prevailing Time applies (Pacific Standard Time or Pacific Daylight Time, as applicable).

(Ord. 3719 § 1, 9/5/2023; Ord. 3539 § 1, 9/1/2015; Ord. 3452 § 1, 4/17/2012)

The monthly rate for electricity consumed are set forth in a resolution authorized by Chapter 1.25, see Appendix B. The monthly rate includes all applicable taxes. Heavy load hours are all hours from 6:00:00 a.m. to 9:59:59 p.m., Monday through Saturday. Light load hours are all other hours Monday through Saturday, all day Sunday and all day on North American Electric Reliability Corporation specified holidays. Pacific Prevailing Time applies (Pacific Standard Time or Pacific Daylight Time, as applicable).

(Ord. 3719 § 1, 9/5/2023; Ord. 3622 § 2, 7/2/2019; Ord. 3539 § 1, 9/1/2015; Ord. 3452 § 1, 4/17/2012; Ord. 3439 § 1, 11/1/2011; Ord. 3347 § 2, 1/1/2009; Ord. 2137 § 2, 5/15/1981; Ord. 2054 § 2, 1/1/1980)

Except for meters installed pursuant to section 13.10.060, the customer shall be responsible for all electrical facilities beyond the point of delivery. The point of delivery shall be defined as:

A.

For an overhead service, the point of delivery is the splice at the weatherhead between the City overhead conductors and the customer's building wiring.

B.

For an underground service, the point of delivery is the secondary bushings of the pad-mounted transformer or service pedestal.

C.

The point of delivery is the primary meter for new services described in sections 13.12.043 and 13.12.060. The point of delivery for existing primary services established prior to 2008 shall be in accordance with City records.

(Ord. 3347 § 2, 1/1/2009)

The Director of Public Works and Utilities will assign each customer to the electric rate class that most appropriately reflects the service provided to that customer as follows:

A.

Schedule R-03—Residential service.

1.

Applicability. This schedule applies throughout the City for domestic uses in single-family residences, individual apartments or farms. Separately metered services incidental to single-family residential and farm service may be served under this schedule.

2.

Character of service. Sixty-cycle, alternating current, 120/240 volts nominal, single-phase service will be furnished under this schedule, supplied through a single meter and one point of delivery.

B.

Schedule GS-03—General service.

1.

Applicability. This schedule applies to all accounts not covered by other rate schedules with the following types of service:

a.

120/208 or 120/240 volts, single or three-phase, service panel of 400 amps or smaller.

b.

240/480 or 277/480 volts, three-phase, service panel of 200 amps or smaller.

c.

Municipal traffic signal and street lights. The base charges for municipal traffic signals and street lights includes maintenance of existing luminaries and controls by the Public Works and Utilities Department.

d.

Municipal emergency management systems. The municipal emergency management system and City's security cameras base charge shall apply to systems with a normal operating load of 150 watts or less, which shall not be required to be metered.

e.

Cable television system and other communications systems, single-phase power supplies in accordance with section 10.2 of Ordinance No. 3116.

f.

Pole attachment fees. City-owned unmetered security camera system and wireless access points are exempt from PAMC 13.14.040.

2.

Character of service. Sixty-cycle, alternating current at such phase and voltage as the City may have available will be furnished under this schedule, applied through a single meter and one point of delivery.

C.

Schedule GD-03—General service demand.

1.

Applicability. This schedule applies to all not covered by other rate schedules with the following types of service:

a.

120/208 or 120/240 volts, single or three-phase, service panel larger than 400 amps.

b.

240/280 or 277/480 volts, three-phase service panel larger than 200 amps.

2.

Character of service. Sixty-cycle, alternating current at such phase and voltage as the City may have available will be furnished under this schedule, applied through a single meter and one point of delivery.

D.

Schedule NP-03—Nonprofit.

1.

Applicability. This schedule applies to all nonprofit tax-deductible organizations.

2.

Character of service. Sixty-cycle, alternating current at such phase and voltage as the City may have available will be furnished under this schedule, applied through a single meter and one point of delivery.

E.

Schedule GD-04—General service demand—Primary metered.

1.

Applicability. This schedule applies to all accounts not covered by other rate schedules with the following types of service:

a.

120/208 or 120/240 volts, single or three-phase, service panel larger than 400 amps.

b.

240/480 or 277/480 volts, three-phase service panel larger than 200 amps.

c.

When electric current is measured at primary voltage and delivery to the customer is at secondary voltage.

2.

Character of service. Sixty-cycle, alternating current at such phase and voltage as the City may have available will be furnished under this schedule, applied through a single meter and one point of delivery.

F.

Schedule PS-03—Primary service—Customer owned.

1.

Applicability. This schedule applies to all accounts which own and operate a primary voltage distribution system.

2.

Character of service. Service to be furnished under this schedule is unregulated three-phase, 60-cycle, alternating current at primary voltage, 12.5 KV nominal. Service under this schedule shall be provided and metered at the point(s) of interconnection of the distribution facilities of the customer and the City.

3.

In addition to the rates under this schedule, customer payment to the City is required for any and all maintenance and repair work performed on City equipment on the load side of the meter, including, but not limited to, repair and/or replacement of all City owned facilities. These include, but are not limited to, cables, terminations, and transformers.

G.

Schedule PS-04—Primary service—City owned.

1.

Applicability. This schedule applies to all accounts where the City owns and operates a primary voltage distribution system when electric current is measured at primary voltage and delivery to the customer is at secondary voltage.

2.

Character of service. Service to be furnished under this schedule is unregulated three-phase, 60-cycle, alternating current at primary voltage, 12.5 KV nominal.

H.

Schedule IT-11—Industrial transmission.

1.

Applicability. This schedule applies to all accounts where power is taken at transmission voltage.

2.

Character of service. Service to be furnished under this schedule is unregulated three-phase, 60-cycle, alternating current at transmission voltage, 69 KV nominal.

3.

Point of delivery. Service under this schedule is provided and measured where the customer's facilities interconnect with the facilities of the City and the Bonneville Power Administration.

4.

Service policy. Service under this schedule is subject to the customer service policies of the City.

5.

Rate and charges. The monthly rates and charges for service hereunder is the sum of the amounts determined in accordance with this subsection and as set for in Chapter 1.25 PAMC. Such charges also include all costs, charges, surcharges, adjustment charges and penalties, and conditions incurred by the City and attributable to customer, including, but not limited to, those applicable under the BPA agreement, the TRM, BPA rate schedules and general rate schedule provisions, network agreement, tariffs, and general rate schedule provisions.

a.

Definitions: Initially capitalized words used herein have the meaning set forth in the BPA agreement, the tiered rate methodology, or as defined below:

"BPA" means the Bonneville Power Administration.

"BPA agreement" means the agreement between the City and BPA, dated December 1, 2008, Contract No. 09PB-13093, as amended from time to time.

"CHWM" means the City's contract high water mark.

"Customer" means the person or entity that purchases power from the City, using the service governed by this section. "Customer" may hereafter be abbreviated as "Cu."

"Customer facility" means facilities or premises owned by the customer and served by power purchased pursuant to this section.

"Demand" means the amount of energy delivered to the customer at the point of delivery (as measured in whole kilowatts) integrated over the 60-minute period during the City's CSP.

For purposes of such calculation, the 60-minute periods shall begin at the beginning of each whole hour and run for 60 consecutive minutes until the end of such whole hour.

"Network agreement" means the agreement between the City and the BPA, dated September 20, 2006, Contract No. 0TX-124433, as amended from time to time.

"RHWM" means the City's rate period high water mark.

"Tiered rate methodology" means BPA's policy for calculating wholesale power rates, adopted in the Administrator's final record of decision issued in September, 2009, and as amended from time to time.

b.

Elements for calculating rates and charges:

i.

Cu CHWM. Customer will have a CHWM amount ("Cu CHWM") of 53.351 aMW.

ii.

Cu CDQ. Customer will have the following monthly CDQs ("Cu CDQ"): as follows:

c.

Customer charge. The customer charge (Cu CO) is the portion of the City's customer charges for a month to be paid by customer. The Cu CC each month is calculated by the following formula:

Cu CC = [CuCHWM ÷ CHWM] x CMCC

Where:

Cu CHWM is the amount set out in section b.1., above.

CHWM is 86.755 aMW.

CMCC is the City's customer charge for the month.

No credit on the Cu CC will be given or paid for using electricity in amounts less than the Cu CHWM.

d.

Demand charges for service. The customer demand charge (Cu DC) is the demand charges for a month to be paid by customer. The Cu DC each month is calculated by the following formula:

Cu DC = [(Cu CSP - Cu AHLH) - Cu CDQ] x DR

Where:

Cu CSP is the demand of the customer facility (in kilowatts) during the City's CSP in each month.

Cu CDQ is the amount set out in section b. above.

Cu AHLH is the average of the customer facility's actual hourly Tier 1 loads during the HLH in each month in kilowatts.

DR is the demand rate charged to the City.

No credit will be given or paid for using demand in amounts less than the Cu CDQ.

e.

Load shaping charges and credits. The customer load shaping charge (Cu LSC) is the load shaping charges for a month to be paid by customer. The Cu LSC each month is calculated by the following formula:

Cu LSC = (Cu AL - Cu SSL) x LSR

Where:

Cu LSC is the net of the load shaping charges and credits for a month apportioned to customer, with customer paying net load shaping charges to the City, and the City paying net load shaping credits to customer, less an amount calculated by the City using the load shaping adjustment true-up rate.

Cu AL is customer's monthly HLH and LLH loads.

Cu SSL is customer's shaped system load as set out below.

LSR is the load shaping rate applicable to HLH and LLH periods.

f.

Taxes: An amount calculated to recover the actual tax obligation of the electric utility and City for State public utilities tax and City public utility tax and any other applicable taxes. In addition, customer must pay each month any and all Federal, State, local and City taxes as may be levied, imposed or due, which arise from, or in connection with the provision of electric service to customer pursuant to this ordinance.

g.

Calculation of utility taxes: The customer shall pay to the City each month the amount necessary to fully satisfy the City's obligation for State and local utility taxes. For utility tax purposes, the gross income from the customer is the sum of fees and charges required by this subsection, plus the amount necessary to satisfy the City's obligation for State and local utility taxes.

h.

Rates and charges for service: The City has no obligation to provide service to the customer facility in excess of Cu CHWM and its Cu CDQ. If the customer facility takes service in excess of its Cu CHWM and/or its Cu CDQ, customer will pay the City all costs, charges, surcharges and penalties attributable to such service.

i.

If the City pays or receives a load shaping charge true-up adjustment charge or credit in any fiscal year, then a pro-rata portion of such charge or credit will be apportioned to customer as determined by the City, plus an amount calculated by the City using the load shaping adjustment true-up rate.

I.

Schedule L-03—Lighting.

1.

Applicability. This schedule applies to all approved unmetered yard and area lights.

2.

Installation. Yard or area lights are available upon request. Upon approval by the Public Works and Utilities Department, lights will be installed only on existing utility-owned poles for the use and convenience of customers. A one-year contract for service will be required before the light will be installed. Customer ownership of lighting is limited to existing lights only.

3.

Maintenance. The Public Works and Utilities Department retains ownership of the area lighting. Maintenance of City owned lights is the responsibility of the Public Works and Utilities Department. Maintenance of customer owned lights is the responsibility of the customer.

J.

Schedule MW-03—Municipal water pumping.

1.

Applicability. This schedule applies to municipal water pumping facilities where the connected load is greater than 500 kVA.

2.

Restrictions. Timers approved by the Public Works and Utilities Department shall be installed to prevent pumping during restricted hours as determined by the department.

3.

Character of service. Service to be furnished under this schedule is three-phase, 60 cycle, alternating current at such phase and voltage as the City may have available will be furnished under this schedule, applied through a single meter and one point of delivery.

(Ord. 3719 § 1, 9/5/2023; Ord. 3347 § 2, 1/1/2009)

Editor's note— Ord. 3719 § 1, adopted Sept. 5, 2023, repealed §§ 13.12.030—13.12.075, which pertained to various types of utility schedules and service rates. For full derivative history of repealed sections, see the Code Comparative Table.

A.

Definitions. For purposes of this section, the following definitions apply:

"Expanded load" means a general service demand or primary service account previously connected to the electric distribution system that is increased in an amount equal to or exceeding one aMW when compared to the customer's monthly energy and demand consumption in the same calendar month in calendar year 2011.

A new load can also have an expanded load component subject to this section.

"New load" means a general service demand or primary service account that is first connected to the electrical distribution system after December 31, 2012 and that is equal to or exceeds two MW.

B.

Applicability. Subject to the exclusions stated in the following two paragraphs, this section applies to all new loads and all expanded loads.

This section is intended to establish rates only for sales of Tier 2 power. The rates established in this section do not apply to the extent Tier 1 power is available to serve all or a portion of the new load or expanded load. This section does not apply to loads designated by the City or the Bonneville Power Administration as new large single loads as defined by the Bonneville Power Administration in their new large single load policy document, dated April 2001. This section also does not apply to loads that are served under section 13.12.071 of Title 13 of the Port Angeles Municipal Code.

Except as provided in paragraph C.2. below, sections 13.12.041, 13.12.043, and 13.12.060 do not apply to new loads and do not apply to the portion of any load that is an expanded load.

C.

New loads. After December 31, 2012, a new load shall be charged the following rates and charges based on the energy and demand usage for each month as measured by the account meter.

1.

Uniform rate. New loads will be charged the cost of generation and transmission services incurred for such service by the City from the Bonneville Power Administration under the priority firm public rate. Tier 2 charges, including without limitation the charges for unanticipated load service as defined in the BPA Administrator's record of decision for the BP-12 Rate Adjustment Proceeding and the 2012 Power Rate Schedules and General Rate Schedule Provisions (FY 2012-2013). The City in its sole discretion shall have the right to determine what Tier 2 rate alternatives it procures from the Bonneville Power Administration.

2.

Basic charge. A basic charge in accordance with sections 13.12.041, 13.12.043 or 13.12.060 of this chapter shall apply to new loads.

3.

Distribution charge. A distribution charge determined by multiplying 0.40 times the sum of subsections C.1., C.2. shall apply to new loads.

D.

Expanded loads. After December 31, 2012, any customer with an expanded load shall be charged on the expanded load the following rates and charges based on the energy and demand usage for each month as measured by the account meter:

1.

Uniform rate. The customer's monthly energy and demand consumption in excess of its energy and demand consumption in the same calendar month in calendar year 2011 will be charged the cost of generation and transmission services incurred for such service by the City from the Bonneville Power Administration under the Priority Firm Public Rate, Tier 2 charges, including without limitation the charges for unanticipated load service. The City in its sole discretion shall have the right to determine what Tier 2 rate alternatives it procures from the Bonneville Power Administration.

The customer's monthly energy and demand consumption that is equal to or less than its energy and demand consumption in the same calendar month in calendar year 2011 shall be charged as determined by the Director in accordance with sections 13.12.041, 13.12.043 or 13.12.060 of this chapter.

E.

Other applicable charges and adjustments. The following charges and adjustments shall be applied to any new load or any expanded load served under this schedule:

1.

Diurnally differentiated rate. If the City can procure power from the Bonneville Power Administration under the Priority Firm Public Rate, Tier 2 charges, with deliveries differentiated diurnally, the City may in its sole discretion offer service hereunder that is diurnally differentiated.

2.

Adjustments to rate. The City may reduce the rate applicable to a new load and/or an expanded load under this schedule, as a part of the annual budget process or at such other time as the City deems appropriate, if the City determines in its sole discretion, by use of a cost of service analysis or other accepted econometric methods, that the economic impact within the City of the new load and/or expanded load will generate additional revenues for the City such that an adjustment to the rate applicable to a new load and/or an expanded load under this schedule will not increase result in shifting service costs to other City electric customers.

3.

Transmission charges. The monthly wholesale transmission costs to the City, including energy, demand and any other charges incurred by the City to provide service to an account for a new load or an expanded load under this schedule.

4.

Charges and credits. Any other wholesale generation or transmission charges or credits accrued by the City to provide service to a new load or an expanded load under this schedule.

5.

Taxes. An amount calculated to recover the actual tax obligation of the electric utility and City for state public utilities tax and City public utility tax and any other applicable taxes.

(Ord. 3539 § 1, 9/1/2015; Ord. 3445 § 1, 2/7/2012)

Editor's note— Formerly codified as § 13.12.074, which was renumbered by Ord. 3539.

A.

The Director of the Public Works and Utilities Department shall have the authority to enter into special contracts covering electric power service, purchases, and sales, at rates other than specified in this chapter, to meet specific operating conditions, provided that such rates recover the cost of providing the service, and provided that the City Manager, Mayor and Council members of the Utility Advisory Committee are notified, and provided that such contracts have a term of no more than 90 days before formal adoption by the City Council.

B.

The Director of the Public Works and Utilities Department shall have the authority to enter into the following contracts, provided that such contracts do not exceed a term of five years:

1.

Guaranteed annual revenue contracts designed to repay capital outlay and service costs.

2.

Facilities construction contracts for contributions in aid of construction and for revenues from jobbing and contract work as follows:

a.

As a condition of construction of Public Works and Utilities Department electrical facilities, including, but not limited to, substations, meter extensions, distribution systems, and services to provide permanent service to any new construction, development, mobile home park or facility, the owner or developer requesting such service may be assessed a facilities charge.

b.

The facilities charge shall be equal to 50 percent of the estimated cost of the system, if the estimated cost is over $5,000.00 as estimated by the Engineering Division of the Public Works and Utilities Department.

c.

This facilities charge shall not apply to local improvement districts, or to Federal, State, County or local government entities; provided that the government provides a purchase order for billing.

d.

The actual cost of the system may include the cost of using or providing substation capacity, if any, for the system.

e.

Prior to construction of any such electrical facilities, the amount of such facilities charges shall be estimated by the Engineering Division of the Public Works and Utilities Department, and such estimated amount shall be billed to and paid by the developer or owner prior to commencement of any such construction. Any balance remaining shall be refunded to or collected from the developer or other, as the case may be, upon completion of construction and determination of the actual cost thereof. Any balance remaining shall be collected before any reimbursements are given.

3.

Frontage and lot reimbursement contracts for customers where facilities are installed in the dedicated public street and customers have donated public right-of-way and paid for construction of the facilities.

4.

Contracts with the Washington State Department of Transportation designed to recover the City's cost of traffic signal maintenance services for state owned facilities.

C.

The City Manager is authorized to enter into contracts for the sale and purchase of energy and demand, subject to the following conditions: 1) the value of the purchase or sale is less than $100,000.00; 2) the duration of the contract is 31 days or less; 3) the City Manager reports to the City Council the details of the contract at the first regular City Council meeting that follows formation of the contract; and 4) such contract is expected to provide economic or operational benefits to the City's electric customers.

(Ord. 3539 § 1, 9/1/2015; Ord. 3436 § 2, 9/20/2011; Ord. 3347 § 2, 1/1/2009; Ord. 3218 § 2 (part), 10/1/2005; Ord. 3145 § 1 (part), 10/1/2003; Ord. 3089 § 1 (part), 11/1/2001; Ord. 2369 § 3, 1/3/1986; Ord. 2431 § 2, 5/28/1985)

Editor's note— Formerly codified as § 13.12.080, which was renumbered by Ord. 3539.

The fees for electrical inspections performed by the City are set forth in a resolution authorized by Chapter 1.25 PAMC, see Appendix B.

(Ord. 3719 § 1, 9/5/2023; Ord. 3539 § 1, 9/1/2015; Ord. 3347 § 2, 1/1/2009; Ord. 2232 § 7, 10/1/1982)

Editor's note— Formerly codified as § 13.12.100, which was renumbered by Ord. 3539.

A contract and administration charge will be charged to any person or entity proposing a power generating project that would be integrated with the City's electrical distribution system for the purpose of compensating the City for the costs of negotiating and preparing contracts and accomplishing the necessary engineering.

(Ord. 3719 § 1, 9/5/2023; Ord. 3539 § 1, 9/1/2015; Ord. 2970, 10/17/1997)

Editor's note— Formerly codified as § 13.12.110, which was renumbered by Ord. 3539.

The purpose of this chapter is to ensure the safe and efficient use of overhead lines on City-owned poles within the City's rights-of-way or public utility easements and to compensate the City for the use of the poles. This chapter establishes provisions necessary to ensure compliance with: Chapter 11.14 Telecommunications; Chapter 1.25, Fees Rates, and Charges; Chapter 5.04 Licensing; Chapter 5.80 Taxation; Chapter 11.08 Construction or Excavation Work Within Rights-of-Way; Chapter 11.12 Right-of-Way Use; and Chapter 17.52 Wireless Telecommunications Towers and Facilities; Chapter 296-45 Washington Administrative Code (WAC); and the City's standard construction practices and specifications.

This chapter applies to all current or future electric and telecommunication system entities that attach lines, equipment, or other devices to City-owned poles, also referred to as "grantees" or "joint pole users".

This chapter does not apply to joint pole users who have agreements with the City for existing line, equipment or device attachments, which agreements precede the effective date of this ordinance and are not terminated by the parties. This chapter does apply, however, to new line, equipment or device attachments proposed after the effective date of this ordinance.

(Ord. 3719 § 1, 9/5/2023; Ord. 3297 § 3, 10/1/2007; Ord. 3084 § 1 (part), 6/29/2001)

A.

Notification required. Each joint pole user shall give prior written notification to the Director of Public Works and Utilities for each new pole attachment or any project that disturbs or affects other joint pole users. The notification shall be given in a timely manner to allow for necessary engineering and coordination by all affected joint pole users. The joint pole user shall receive written authorization from the City before attaching to City-owned poles.

B.

Response to City notifications. Each joint pole user shall within ten calendar days respond to City notifications related to, but not limited to, maintenance, relocation, rearrangement, violations or abandonment of joint pole installations.

C.

Replacement or relocation of joint use poles. Whenever it is necessary to replace or relocate a joint-use pole, the City shall give notice thereof in writing at least 30 days prior to the date on which it intends to change such pole (except in case of emergency, when verbal notice will be given and subsequently confirmed in writing) to the joint pole users. Each joint pole user shall relocate facilities to the new pole within 60 days at the expense of the joint pole user as provided below. When circumstances warrant additional time to relocate, the Director may grant such additional time as is reasonable under the circumstances.

1.

Relocation of poles requiring overhead lines to be relocated overhead. If such relocation is reasonably necessary for construction, alteration or improvement of the right-of-way for purposes of public health, safety and welfare, as required by the City, grantees may not seek reimbursement for their relocation expenses from the City unless otherwise provided for by law. In the event the relocation is requested by a private third-party, that third-party shall pay the cost of relocation.

2.

Relocation of facilities from overhead to underground. If such relocation is requested by the City when reasonably necessary for construction, alteration or improvement of the right-of-way for purposes of public welfare, health and safety, the grantee may not seek reimbursement for its relocation expenses from the City, unless otherwise provided by law. If requested by a private third-party, the third-party shall pay the cost of such relocation.

3.

Discontinued use of poles. In the event of discontinued use of poles by the City, all joint pole users may be afforded an opportunity to purchase such poles at a fair market value, in accordance with City policy and State law.

D.

City's reserved rights. The City, as pole owner, may deny access if the attachment project will result in adverse safety or reliability or generally accepted engineering standards not being met. Nothing herein contained shall be construed to compel the City to maintain any of its poles for a period longer than is necessary for its own service requirements. In the event the City wishes to discontinue use of any such pole or poles and to remove, relocate and/or retire it or them, it shall send a written notice to that effect to the joint pole users and the joint pole users shall remove their attachments from such pole or poles within 60 days after the sending of such notice or within such shorter period of time as is required in case of emergency.

E.

Coordination. Sufficient coordination, including submittal of project plans and exchange of information, shall take place between joint pole users so that the attachment does not create a violation of or conflict with any applicable legal requirement. All joint users shall promptly share design specifications for their infrastructure with others upon request.

(Ord. 3084 § 1 (part), 6/29/2001)

A.

Construction permit.

1.

Use permit required. Joint pole users shall apply for and obtain a use permit in accordance with Chapter 11.08 PAMC Construction or Excavation Work Within Rights-of-Way. Upon completion of an attachment project, the modifying entity shall give written certification to the City that the attachment project is complete and complies with the use permit.

2.

Certification of designs. Unless excepted by the City, cabling and pole attachment designs, specifically relating to pole strength and clearances considering all pole attachment uses, as required by Chapter 296-45 WAC, shall be certified by a designer and approved by the City.

3.

Approval to proceed. When the application is satisfactory and approved, one copy of the plans, map, sketches, and application will be returned to the applicant along with written approval to proceed.

4.

Completion certification. Upon completion of an attachment project, the modifying entity shall give written certification to the City that the attachment project is complete and complies with the use permit.

B.

Safety. Joint pole users, in accordance with applicable national, state and local safety requirements, shall at all times employ ordinary care and shall install and maintain facilities and shall use commonly accepted methods and devices to prevent failures and accidents which are likely to cause damage, injury or nuisance to the public. Joint pole users' facilities in, over, under and City rights-of-way or property, shall at all times be kept and maintained in a safe, suitable condition and in good order and repair.

C.

Violation of codes or standards. In any instance where the joint pole user's facilities are installed contrary to the Electrical Construction Code of the State of Washington or the City's standard practices and specifications, the joint pole user shall at its sole expense, and within 30 days following written notice from the City, change, improve, or renew its installed equipment in such manner as the City may direct. If violation of any conditions applicable to the said installation is observed, the City reserves the right to stop construction immediately, and correction of the violation will be made before any part of the construction is continued.

D.

Guys and anchors. The joint pole user shall, at its expense, install guys necessary to support the strain imposed on any pole by the installation of its facilities. When existing anchors are adequate in size and strength to support the equipment of all joint pole users, a joint pole user may attach its guys thereto. When anchors are not of adequate size and strength, the party whose new facilities necessitate additional anchors shall, at its own expense, install new anchors or request the owner to replace existing anchors with anchors adequate in size and strength.

E.

Responsibility for costs. The joint pole user shall bear all costs involved in contacting any pole owned by the City. If it is necessary for the City to do any work on poles to provide contact space, this work will be done only as crews are available to do so in their regular work schedule. Any other schedule will be on overtime rate at the expense of the company whose new facilities necessitate the work.

F.

Communications space available to joint pole users.

1.

Use of available space occupied by others. Where space is available and in compliance with the State of Washington Electrical Construction Code and all other applicable legal requirements, joint pole users engaged in the telecommunications utility business may be allotted contact space in the area occupied by other joint pole users.

2.

Conditions of use. All joint pole users shall operate and maintain their communications facilities in such a condition as to avoid conflict or interference with other joint pole users. Additions to or alterations by a joint pole user shall be coordinated with all joint pole users. A joint pole user may not prevent the installation, alteration or maintenance of facilities of another joint pole user. Changes to communications facilities on a joint use pole shall be at the expense of the party whose activities necessitate the changes.

G.

Maintenance and emergency repairs.

1.

Maintenance required. Each party shall at all times maintain all of its attachments, and perform any necessary tree-trimming or cutting incidental thereto, and shall keep them in safe conditions and in thorough repair.

2.

Emergency work by City. In an emergency where it is necessary to clear lines and restore electric power to the City's customers as the result of an accident, windstorm, earth slide, or other condition where power lines, poles, or other supporting structures are damaged, destroyed or are in serious danger thereof, the City may transfer the joint pole user's facilities to new or other poles, or do any other work required in connection with the joint pole user's equipment necessary to restore electric service to the City's customers. The joint pole user shall reimburse the City for all costs incurred in connection with such emergency work done on the grantee's facilities.

(Ord. 3297 § 3, 10/1/2007; Ord. 3084 § 1 (part), 6/29/2001)

On or about July 1st of each year, the City acting in cooperation with joint pole users will determine the total number of grantee's pole contacts on City-owned poles as of the preceding day.

The grantee must pay the City an annual rental fee covering the calendar year in which the count is made within 30 days after the bill has been submitted. The grantee may receive credit against the annual rental fee for the total number of City pole contacts on grantee-owned poles as of the preceding day. The annual rental rate for each pole attachment is set forth in a resolution authorized by Chapter 1.25 PAMC, see Appendix B. Applicable taxes of other jurisdictions are not included in the City's bill.

(Ord. 3719 § 1, 9/5/2023; Ord. 3084 § 1 (part), 6/29/2001)

The joint pole user shall defend, indemnify and hold harmless the City, its officers, officials, employees and volunteers from any and all claims, injuries, damages, losses or suits, including attorney fees, arising or issuing out of the joint use of City poles under this chapter, except as may be caused by the negligence or willful conduct on the part of the City of Port Angeles.

(Ord. 3084 § 1 (part), 6/29/2001)

The City Council for the City of Port Angeles makes the following findings:

A.

The maintenance of the City's utility infrastructure benefits all persons who own residential and commercial property located within the City's limits.

B.

The cost of maintaining and repairing the utility infrastructure is currently being borne solely by those property owners that are connected to and registered with the utility. Utility rates in the City are composed of two parts. One part is the base rate, which is a charge used to pay a portion of the costs of maintaining the utility system. The second part is the consumption rate, which is the charge that pays for the amount or quantity of utility service consumed by a customer in a given period.

C.

Currently, property owners in the City who do not consume utility services, do not pay the base rate even though the owners' property is benefited by connection to a functioning utility service system.

D.

Owners of property located within the City who do not currently consume utility services nonetheless benefit by being connected to the City's utility systems and having the ability to begin consuming utility services at any time they choose.

E.

Base rate funds will be used solely for the payment of the cost of operating and maintaining the City's utility infrastructure.

F.

The funds collected pursuant to the base rate for each utility will be deposited into a fund limited to that utility.

G.

A cost-of-service analysis (COSA) has been performed for each utility to determine the fees to be charged for base rates and for consumption rates.

H.

The fees charged pursuant to the COSA will not generate any excess revenues but represent the minimum amounts collectable from rates to maintain the utility infrastructure for that utility.

(Ord. 3752 § 1, 9/2/2025)

Editor's note— Section 2 of Ord. 3752 states: "This ordinance applies only to the electric, water, sewer, and Medic I utilities."

A.

The City Manager will keep an account for electric current, water, sewer and solid waste service used by any person, business, or other entity within the City, and for the monthly Medic I Program charge to be paid by every utility account within the City.

B.

All rates, charges and fees for electric current, water, and sewer and solid waste service, monthly Medic I Program, or other provision of utility service are set forth in a resolution authorized by Chapter 1.25 PAMC, see Appendix B for rates, charges and fees.

C.

Every property located within the City's limits that has a residential and commercial electric meter, water meter, or connection to the sewer, shall pay the base rate, as approved in the Utility Master Rate Schedule, for each available utility and for the Medic I utility without regard to whether service is being utilized at that property.

D.

The base rate fees will be deposited into the separate fund for each utility, and those funds may only be used for the purposes of maintaining and operating that particular utility.

(Ord. 3752 § 2, 9/2/2025; Ord. 3744 § 1, 12/17/2024; Ord. 3719 § 1, 9/5/2023; Ord. 2932 § 21, 10/11/1996; Ord. 2854, 1/13/1995; Ord. 2815 § 2, 7/1/1994; Ord. 2274 § 2, 12/1/1983; Ord. 2055 § 1, 1/2/1980)

Editor's note— Formerly entitled "Authorized officers designated," which was amended by Ord. 3719, as herein set out.

Editor's note— Section 2 of Ord. 3752 states: "This ordinance applies only to the electric, water, sewer, and Medic I utilities."

A.

At the time an account is requested and before it is authorized, the person requesting services must either make a deposit with the City or present a copy of a verifiable prior utility credit rating deemed suitable to assure with certainty that the account with the City of Port Angeles will not become delinquent.

For the purpose of this section, single-family units are defined as structures designed for occupancy by a single housekeeping unit only, containing a complete kitchen unit, and does not include duplexes, fourplexes, apartments, condominiums, and other multi-family structures. Nothing in this chapter prevents the City from requiring additional or new deposits when conditions such as chronic delinquencies warrant.

B.

At the time an average payment is requested, and before it is authorized, the City Manager of his designee shall review the account of the requesting party. If the payment history cannot assure with certainty that the account with the City will not become delinquent, the City will require an additional deposit. This additional deposit will cause the total deposit to equal twice the customer's highest bill.

C.

A deposit, once established, may be refunded in whole or in part to the person or credited to the account of that person upon receipt by the City of the person's prior utility credit rating deemed suitable by the City Manager or his designee to assure with certainty that the account with the City of Port Angeles will not become delinquent. In the absence of such assurance, the deposit may be retained by the City of Port Angeles until an account is ordered off or otherwise discontinued. The City may then, at its option, apply such deposit to fully pay any remaining charges on the account. Under no circumstances shall any part of the deposit be used as payment for charges until an account has been finalized and all services been discontinued. If circumstances such as timely payment history warrant, the City Manager or his designee may, by determining that the City is assured with certainty that an account will not become delinquent, release all or part of the deposit to the depositor at their request; provided, however, that no such refund will occur for at least 12 months from the time of deposit.

D.

A deposit may be required on commercial accounts, in a manner consistent with the procedure set forth in this section, when the City Manager or his designee determines that such deposit is necessary, based on utility credit rating and/or payment history.

(Ord. 3719 § 1, 9/5/2023; Ord. 2907, 1/26/1996; Ord. 2815 § 3, 7/1/1994; Ord. 2349 § 3, 7/23/1985; Ord. 2276 § 3, 1/1/1984)

A.

The City Manager, or his designee, shall establish a monthly system of billing for the five utility services described in this chapter. The billing shall be a consolidated billing for all utilities and shall be inclusive of all state utility excise taxes except that the billing to the City of Port Angeles for utility services consumed by it shall be reduced by the applicable utility excise tax rates..

B.

Once prepared, this bill shall be delivered to the customer, by depositing it in the United States mail, addressed to the address shown on the application for utility service submitted by the customer to the City or upon any change of address submitted by the consumer to the City.

C.

Deposit in the United States mails pursuant to subsection B. of this section shall be deemed full and complete notice to the consumer of the nature and amount of any particular utility billing.

(Ord. 2889, 10/13/1995; Ord. 2274 § 3, 12/1/1983; Ord. 2055 § 2, 1/2/1980)

All utility bills are due and payable, without further notice, when properly deposited by the City in the United States mail.

(Ord. 2055 § 3, 1/2/1980)

A.

All utility bills of the City shall be past due if payment therefor is not received by the City on or before the 25th day after the bill date posted on the bill. Such due date shall be stated on the bill with particularity.

B.

All utility bills of the City shall be delinquent if payment therefor is not received by the City on or before the 33rd day after the bill date posted on the bill. Upon lapse of a bill into delinquency at the close of business on the 33rd day after the bill date, the City Manager, or his designee, shall cause a notice of delinquent account to be deposited in the United States mail, addressed to the consumer, as provided in section 13.16.020.

C.

Deposit in the United States mail pursuant to subsection B. of this section shall be deemed full and complete notice to the consumer of the nature and amount of any particular utility billing.

D.

The notice of delinquent account shall state that unless all delinquencies are corrected within ten days of the date of the notice of delinquent account, the City will disconnect or discontinue utility service without further notice on or after a date certain to be stated in the notice of delinquent account. The notice of delinquent account shall further state that, if the consumer has questions concerning the amount or disputes the amount of the account, he may appeal to the Finance Director, or his authorized designee, whose address and telephone number shall be stated on the notice of delinquent account.

E.

An account which has become delinquent and for which a notice of delinquency is issued, may be assessed a penalty fee.

For the purposes of this subsection, when an account receives a third penalty during any consecutive 12-month period, the City Manager may request a deposit or additional deposit be submitted in accordance with PAMC 13.16.050, along with payment for, or arrangements to pay, the delinquent charges due.

F.

The Finance Director, with the approval of the City Manager, is hereby authorized and directed to promulgate rules and policies for the implementation of this chapter and for the definition of terms such as "chronic delinquencies".

(Ord. 3719 § 1, 9/5/2023; Ord. 3531 § 3, 3/17/2015; Ord. 3501 § 3, 5/6/2014; Ord. 2932 § 22, 10/11/1996; Ord. 2692 § 1, 8/1/1992; Ord. 2349 § 1, 7/23/1985; Ord. 2276 § 1, 1/1/1984; Ord. 2055 § 4, 1/2/1980)

A.

Should a delinquent account not be paid pursuant to section 13.16.040, the City Manager or his designee shall immediately cause the utility service to be field collected or cut off from the premises, and such utility service shall not be reconnected to the premises until all arrears, delinquent charges, service charges and unpaid charges are paid, together with a reconnection fee, and deposit pursuant to section 13.16.015.

(Ord. 3719 § 1, 9/5/2023; Ord. 2932 § 23, 10/11/1996; Ord. 2815 § 4, 7/1/1994; Ord. 2792 § 1, 3/1/1994; Ord. 2349 § 2, 7/23/1985; Ord. 2276 § 2, 1/1/1984; Ord. 2055 § 5, 1/2/1980)

If the customer is unable to pay the full amount of utility charges due because of temporary financial difficulties or other hardship, the City Manager, or his designee, if justified, may permit the consumer to make deferred payment arrangements; provided, however, that the City will be under no obligation to enter into any deferred payment agreement with any consumer who has not fully and satisfactorily complied with terms of any previous agreement.

(Ord. 2055 § 6, 1/2/1980)

If the consumer desires to pay utility charges upon an annual averaged basis rather than on a monthly basis, the City Manager, or his designee, may permit the consumer to make averaged payments, with at least one annual adjustment so that the amount paid on an annual basis shall reflect the actual charges incurred.

(Ord. 2207 § 1, 4/19/1982)

If a delinquent account is not either satisfied in full, or arrangements for deferred payment made, in accordance with the terms of this chapter, the interest shall be charged against the amount of such delinquent account, at the rate of one percent per month on the unpaid balance, commencing with the date of the delinquency.

(Ord. 3531 § 4, 3/17/2015; Ord. 2113 § 1, 1/18/1981)

If a bill becomes delinquent, no officer, agent, or employee of the City may authorize or permit any further City service, or process any application for a permit from the City, at the request of the person in whose name an account stands delinquent, until such time as the delinquent account is paid in full with interest; provided, that this provision shall not apply to the provision of electric current, water, sewer service, and garbage pickup service, not including the provision by the electrical, water, sewer and solid waste utilities of connections, inspections, engineering and other like services.

(Ord. 2113 § 2, 1/18/1981)

The City shall have, and may exercise, all of those powers for collection of delinquent accounts as stated in RCW 35.21.290, RCW 35.21.300 and RCW 35.67.200. These procedures shall apply to all utility services provided by the City, including electric light, water, sewer and solid waste, as applicable.

(Ord. 2055 § 7, 1/2/1980)

The purpose of this chapter is to provide more effective methods and remedies for dealing with cases of tampering with, and diverting around, utility meters and other City equipment and to thereby protect the financial resources of the City and the rate-paying public.

(Ord. 2285, 2/13/1984)

A.

Any customer, owner, or person in control of premises receiving unmeasured or unauthorized utility services is responsible for paying the full amount of said services reasonably determined by the utility to have been diverted around the meter or received unmetered or unauthorized due to meter tampering, alteration or replacement.

B.

Any customer, owner or person in control of premises who receives utility services for which payment, consumption or other utility records have been falsified is responsible for paying the full amount of utility services reasonably determined by the utility to have been obtained.

C.

Any City utility becoming aware that utility services have been obtained without full payment through tampering, alteration, bypass, or falsification of records, shall bill the recipient for the full amount of said services as is reasonably determined in good faith by said utility using the best known estimating methods.

D.

The recipient of utility services that have been obtained without full payment through tampering, alteration, bypass, falsification of records, or the unauthorized cutting of a meter seal, shall also be responsible and billed for payment of the costs incurred by the City due to investigation, damages, repair, and bookkeeping.

E.

Notice of a supplemental billing will be sent to the recipient of unauthorized or unmetered utility services. The supplemental bill will be added to the next regular utility bill and will be collected under the normal collection procedures. The notice of a supplemental billing will consist of the following:

1.

Billing amount for unauthorized or unmetered utility services under section 13.18.020.A and C.

2.

Related costs pursuant to section 13.18.020.D.

3.

Penalty fee, pursuant to PAMC 13.18.040, see Appendix B.

4.

Notice apprising the recipient of the right to an administrative appeal pursuant to section 13.18.030.

F.

Deposit in the United States mail shall be deemed full and complete notice of the nature, amount, and right to appeal the supplemental billing.

G.

Liability for the supplemental billing shall be in addition to, and notwithstanding, any charge, conviction or acquittal under section 13.18.040 et seq.

H.

The supplemental billing shall be placed on the next forthcoming utility bill and shall be collected under the normal collection procedures as set forth in Chapter 13.16.

(Ord. 3719 § 1, 9/5/2023; Ord. 2932 § 24, 10/11/1996; Ord. 2285, 2/13/1984)

A.

Within ten days of deposit of the notice of supplemental billing in the United States mail pursuant to section 13.18.020.F, the recipient may file a written notice of appeal. The notice of appeal shall state the reasons why the recipient is contesting the supplemental billing.

B.

The administrative appeal shall be decided by the Administrative Services Director or his authorized designee within 20 days of the date of receipt of the notice of appeal.

C.

The amount of the supplemental bill shall remain on the recipient's utility bill but shall not be collected by the City until the final determination of the appeal.

D.

If the determination on appeal is adverse to the recipient, the City shall proceed to collect the full amount of the supplemental bill from the date the original bill should have been paid had no appeal been filed.

(Ord. 2285, 2/13/1984)

For each single instance of receipt of unauthorized or unmetered utility services, a penalty fee will be assessed.

(Ord. 3719 § 1, 9/5/2023; Ord. 2932 § 24 (part), 10/11/96; Ord. 2285, 2/13/1984)

It is a theft within the meaning of PAMC 9.16.090 for anyone to knowingly obtain utility services, including, but not limited to, electricity, water or sewer services, with the intent to deprive the utility of the full payment for said services by:

A.

Secret or unauthorized connections to any utility; or

B.

Bypassing or diverting around the utility's meter; or

C.

Obtaining services through a meter which has been tampered with, altered, replaced, or operated backwards so that the meter does not measure the full amount of the service supplied to the person or the person's premises, or another person or premises; or

D.

Falsification of payment, consumption or any other utility records; or

E.

Any other method or combination of methods, including methods in subsections A, B, C and D, above, which deprives the utility of full payment for supplying its services without the utility's permission.

(Ord. 2285, 2/13/1984)

For the purposes of section 13.18.050, there shall be a rebuttable presumption that the recipient of unauthorized, unmetered or incorrectly metered utility services intended to deprive the utility of proper payment for its service within the meaning of PAMC 9.16.090 defining the crime of theft. This presumption does not apply if the diversion of the utility's service or the tampering, alteration, or replacement of the utility's metering equipment is reasonably attributed to accident or accidental malfunction of the utility's metering equipment.

(Ord. 2285, 2/13/1984)

Violation of section 13.16.050 shall be punished as a Class I misdemeanor under PAMC 9.16.900.

(Ord. 2285, 2/13/1984)

The City Council of the City of Port Angeles finds that it is appropriate for the City of Port Angeles to provide a discount against the electric, water, wastewater, solid waste, collection and stormwater utility charges to low-income residents of the City. The Council further finds that this discount should be accompanied by energy conservation programs.

(Ord. 3631 § 1, 10/15/2019; Ord. 3458 § 1, 8/7/2012; Ord. 2663 § 1 (part), 4/1/1992)

A.

"Utility discount" means a discount granted pursuant to the terms of this chapter to a low-income resident, the amount of which is applied against outstanding obligations of the resident to the City of Port Angeles for residential electric, water, wastewater, solid waste collection and stormwater utility services.

B.

"Resident" means a person who resides within the City of Port Angeles and receives electric, water, wastewater, solid waste collection and stormwater utility services from the City of Port Angeles.

(Ord. 3631 § 1, 10/15/2019; Ord. 3458 § 1, 8/7/2012; Ord. 2663 § 1 (part), 4/1/1992)

Commencing January 1, 2020, a utility discount shall be applied to the electric, water, wastewater, solid waste collection and stormwater utility charges on monthly utility bills of qualified residents, in accordance with the terms of this chapter.

(Ord. 3631 § 1, 10/15/2019; Ord. 3494 § 1, 1/21/2014; Ord. 3458 § 1, 8/7/2012; Ord. 2663 § 1 (part), 4/1/1992)

The City's Customer Service Manager shall maintain at all times the following information applicable to electric, water, wastewater, solid waste collection and stormwater utility discounts under the terms of this chapter:

A.

A list of Federal, State or local energy-related programs available to provide fiscal assistance to low-income residents;

B.

A list of conservation or consumption reduction programs of the City that are available at no charge and the requirements for each such program;

C.

Current application forms.

(Ord. 3631 § 1, 10/15/2019; Ord. 3458 § 1, 8/7/2012; Ord. 2663 § 1 (part), 4/1/1992)

To be eligible for a utility discount, a resident must meet the following criteria:

A.

Complete an application for the discount in accordance with section 13.20.060.

B.

At the time of application, for gross average income of all members of the applicant's household must equal 125 percent or less of the most current Federal poverty level, as published in the Federal register. Proof of household income can be furnished either by providing with the application, the paystubs for all residents in the resident's household for the prior three months, or a written notarized affidavit by residents in household attesting to household income, or other evidence commonly accepted as reliable and valid proof of income. Proof of income must be furnished the beginning of every calendar year.

C.

Agree to participate in available energy conservation or programs of the City that are available at no charge to a low-income resident that is the property owner.

Failure of a low-income resident who is the property owner to participate in an available energy conservation program, after receipt of a utility discount, shall constitute a basis for denial by the City of participation in the utility discount program during the following year until such conservation measures are installed.

(Ord. 3494 § 1, 1/21/2014; Ord. 3458 § 1, 8/7/2012; Ord. 2687 § 1, 4/19/1992; Ord. 2663 § 1(part), 4/1/1992)

A.

Applications for electric, water, wastewater, solid waste collection and stormwater utility discounts shall be obtained from and filed with the City's Customer Service Manager or to another entity as directed by the City's Customer Service Manager.

B.

Submission of an application for an electric, water, wastewater, solid waste collection or stormwater utility discount shall constitute a verification by the applicant that all information provided in such application is true and correct to the best of the applicant's knowledge.

(Ord. 3631 § 1, 10/15/2019; Ord. 3458 § 1, 8/7/2012; Ord. 2663 § 1 (part), 4/1/1992)

The amount of the utility discount for eligible residents shall be a percentage of the electric, water, wastewater, solid waste collection and stormwater utility base and consumption charges on the monthly utility bill. The percentage shall be determined by the resident's gross household income during the prior three months, in accordance with the following:

A.

Those applicants with an average family income based on household size at 100 percent or less of the most current Federal poverty level, as published in the Federal register, shall receive a 35 percent discount based on the number of household size.

B.

Those applicants with an average family income based on household size between 100 percent to 125 percent of the most current Federal poverty level, as published in the Federal register, shall receive a 25 percent discount.

(Ord. 3631 § 1, 10/15/2019; Ord. 3494 § 1, 1/21/2014; Ord. 3458 § 1, 8/7/2012; Ord. 2994, 7/31/1998; Ord. 2663 § 1 (part), 4/1/1992)

The willful provision to the City of false information in an application for the electric, water, wastewater, solid waste collection or stormwater utility discount shall forfeit the low-income resident's eligibility for future credits. Additionally, the low-income resident shall be required to repay the amount of any electric, water, wastewater, solid waste collection and/or stormwater utility discount received based upon such false information.

(Ord. 3631 § 1, 10/15/2019; Ord. 3458 § 1, 8/7/2012; Ord. 2663 § 1 (part), 4/1/1992)

The City Manager is authorized to cause the utility discount to be administered by City staff or to contract for the discount to be administered by a local not-for-profit organization that has the knowledge, skills, and ability to effectively administer the discount.

(Ord. 3458 § 1, 8/7/2012)

For the purpose of Chapters 13.24 through 13.48, the following words or phrases have the meaning set forth herein, unless the context indicates otherwise.

(Ord. 2181 Ch. 1 § 1, 12/3/1981)

"Airgap" means a backflow prevention device that provides an unobstructed vertical distance of at least twice the inside diameter of the supply line, but never less than one inch, through the free atmosphere between a supply line outlet and the overflow rim of a receiving vessel.

(Ord. 2570 § 2, 3/16/1990)

"Backflow" means the flow of water or other liquids, mixtures, or substances into the distribution pipes of a potable supply of water from any source or sources other than its intended source.

(Ord. 2570 § 2, 3/16/1990)

"Backflow prevention device" means a device, assembly, or means to prevent backflow into the potable water system, either by back-siphonage or back pressure.

(Ord. 2570 § 2, 3/16/1990)

"Back pressure" means the backflow of used, contaminated, or polluted water from a plumbing fixture or vessel into a water supply pipe due to pressure created by booster pumps, boilers, pressure vessels, or elevated plumbing that exceeds the main pressure or operating pressure of the water supply pipe.

(Ord. 2570 § 2, 3/16/1990)

"Back-siphonage" means the backflow of used, contaminated, or polluted water from a plumbing fixture or vessel into a water supply pipe due to a negative pressure in such pipe.

(Ord. 2570 § 2, 3/16/1990)

"Cross-connection" means any physical arrangement whereby the public water supply system is connected, directly or indirectly, with any non-potable or unapproved water supply system, sewer, drain, conduit, pool, storage reservoir, plumbing fixture, or other device which contains or may contain contaminated water, liquid, gases, sewage, or other waste, of unknown or unsafe quality, which may be capable of imparting contamination to the public water supply as a result of backflow.

(Ord. 2570 § 2, 3/16/1990)

"City" means the City of Port Angeles.

(Ord. 2181 Ch. 1 § 2, 12/3/1981)

"Commercial services" means water services to multiple dwelling units or businesses engaged in the manufacture and/or sale of a commodity or commodities, or the rendering of a service, such as hotels, motels and hospitals.

(Ord. 2181 Ch. 1 § 3, 12/3/1981)

"Council" means the City Council of the City of Port Angeles.

(Ord. 2181 Ch. 1 § 4, 12/3/1981)

"Customer" means all persons obtaining water service from the water supply system of the City of Port Angeles.

(Ord. 2181 Ch. 1 § 6, 12/3/1981)

"Department" means the Public Works and Utilities Department of the City of Port Angeles.

(Ord. 2181 Ch. 1 § 7, 12/3/1981)

"Director" means the Director of Public Works and Utilities of the City of Port Angeles, or his designated agent.

(Ord. 2181 Ch. 1 § 8, 12/3/1981)

"Hot tap" means a connection to an existing active water line.

(Ord. 3226 § 2, 1/01/2006)

"Industrial services" means water service connections to a business enterprise engaged in the manufacture of products, materials, equipment, machinery and supplies on a substantial or major scale.

(Ord. 2181 Ch. 1 § 9, 12/3/1981)

"Main" means a water line designed or used to serve more than one premises.

(Ord. 2181 Ch. 1 § 10, 12/3/1981)

"Multiple dwelling units" means duplexes, apartment buildings, condominiums, mobile home parks, trailer courts, etc.

(Ord. 2181 Ch. 1 § 11, 12/3/1981)

"Permanent main" means a main of PVC, cast iron, asbestos-cement or other materials as approved by the Director which are constructed to City standards and approved and accepted for use by the City.

(Ord. 2181 Ch. 1 § 13, 12/3/1981)

"Person" means natural persons of either sex, and associations, co-partnerships and corporations, whether acting by themselves or by a servant, agent or employee.

(Ord. 2181 Ch. 1 § 12, 12/3/1981)

"Premises" means a private home, building, apartment house, condominium, trailer court, mobile home park, a group of adjacent buildings or property utilized under one ownership and under a single control with respect to use of water and responsibility for payment therefor.

(Ord. 2181 Ch. 1 § 14, 12/3/1981)

"Residential service" means a water service connection to a single family dwelling unit.

(Ord. 2181 Ch. 1 § 15, 12/3/1981)

"Service installation, service connection, or connection" means all pipings and fittings from the main to the property owner's side of the water meter assembly.

(Ord. 2181 Ch. 1 § 16, 12/3/1981)

"System" means all water source and supply facilities, transmission pipelines, and storage facilities, pumping plants, distribution mains and appurtenances, vehicles, and materials storage facilities.

(Ord. 2181 Ch. 1 § 17, 12/3/1981)

"Temporary main" means mains which do not conform to City standards with respect to size, location, type of material and/or method of installation.

(Ord. 2181 Ch. 1 § 18, 12/3/1981)

"Treasurer" means the City Treasurer of the City of Port Angeles.

(Ord. 2181 Ch. 1 § 19, 12/3/1981)

"Water service area" means that area consisting of the corporate limits of the City of Port Angeles and those areas that have been or may be designated for water service by the City Council.

(Ord. 2181 Ch. 1 § 20, 12/3/1981)

The purpose of Chapters 13.24 through 13.48 is to establish fees for service, and general rules and regulations for the service and extension of service from the water system of the City; and to promote the public health, safety, and general welfare of the users of the water system, in accordance with standards established by the City, County, State and Federal governments.

(Ord. 2181 Ch. 2 § 1, 12/3/1981)

The provisions of Chapters 13.24 through 13.48 shall apply to all water services provided by, and to all work performed by the Department.

(Ord. 2181 Ch. 2 § 2, 12/3/1981)

A.

Right of entry by City employees for inspection shall be governed by PAMC 1.20.010.

B.

Whenever the owner of any premises supplied by the Department restrains authorized City employees from making such necessary inspections, a reduced pressure principle backflow assembly shall be installed at the owner's expense, or water service may be refused or discontinued.

(Ord. 2570 § 4, 3/16/1990; Ord. 2181 Ch. 2 § 3, 12/3/1981)

A.

Any person causing damage to any property belonging to the Department shall be liable to the Department for any and all damages resulting either directly or indirectly therefrom.

B.

It is unlawful for any person to wilfully disturb, break, deface, damage or trespass upon any property belonging to or connected with the water system of the City, in any manner whatsoever.

C.

It is unlawful for any person to store, maintain or keep any goods, merchandise, materials or rubbish within a distance of five feet of, or to interfere with, the access or operation of any water meter, gate valve, fire hydrant, or other appurtenance in use on any water service, connection, water main, or fire protection service.

D.

Upon request, the customer shall correct any condition that limits or restricts free and safe access to the Department's meters or service. Failure of the customer to comply within a reasonable time specified, as determined by the Director, shall subject the customer to disconnection of service.

(Ord. 3430 § 2, 5/13/2011; Ord. 2181 Ch. 2 § 4, 12/3/1981)

It is unlawful for any person, other than authorized employees of the Fire and Public Works and Utilities Departments of the City, to operate fire hydrants and hose outlets, unless proper arrangements have been made for payment therefor and permission has been granted by the Department.

(Ord. 2181 Ch. 2 § 5, 12/3/1981)

A.

In case of emergency, or whenever the public health, safety, or the equitable distribution of water so demands, the Director may authorize the Department to change, reduce or limit the time for, or temporarily discontinue the use of water. Water service may be temporarily interrupted for purposes of making repairs, extension or doing other necessary work.

B.

Before so changing, reducing, limiting or interrupting the use of water, the Department shall notify, insofar as practicable, all water consumers affected.

C.

The City shall not be responsible for any damage resulting from interruption, change or failure of the water supply system.

(Ord. 2181 Ch. 2 § 6, 12/3/1981)

A.

The installation or maintenance of a cross-connection is prohibited.

B.

Any such cross-connection now existing or hereafter installed is declared a nuisance and shall be abated immediately. The standards for control or elimination of cross-connections shall be in accordance with the State of Washington Administrative Code (WAC 248-54-285) as now enacted or hereafter amended. The policies, procedures, and criteria for determining appropriate levels of protection shall be in accordance with the accepted procedure and practice in Cross Connection Control Manual - Pacific Northwest Section - American Water Works Association, fourth edition or any superseding edition, which is hereby adopted by reference.

C.

Water service will be discontinued to any premises for failure to comply with the provisions of this section.

D.

Furnishing of water service shall be contingent upon the customer providing cross-connection control approved by the appropriate health authority and the Director for protecting the City water supply from backflow.

(Ord. 2570 § 3, 3/16/1990; Ord. 2181 Ch. 2 § 7, 12/3/1981)

A.

In the event the Director determines that a cross-connection exists, written notice shall be sent to the person in whose name the water service is established under the records of the City of Port Angeles Department of Public Works and Utilities.

B.

The notice shall provide that the cross-connection described therein shall be corrected within 30 days of the date said notice is mailed to the customer.

C.

In the event said cross-connection is not abated within the prescribed time, water service to said premises shall be discontinued or disconnected from the main at the customer's expense, provided that if the customer leases or rents the premises, this provision shall not preclude the customer from obtaining reimbursement for such expense from the lessor or landlord, nor shall it preclude the lessor or landlord from paying the expense in the first instance.

D.

In the event the cross-connection, in the opinion of the Director, presents an immediate health hazard or a danger of contamination to the public water supply, service from the City's water supply system to the premises may be terminated without prior notice; provided, however, notice will be posted on the premises at the time said service is terminated.

E.

If a backflow prevention device has been installed prior to the updated approved list from the Department of Social and Health Services and can no longer meet testing requirements or be repaired, said assemblies or devices shall be replaced with a new, approved device upon order of the Director.

(Ord. 2570 § 5, 3/16/1990)

The City shall not be liable for damages nor will allowances be made for loss of production, sales or service, in case of the City's source of water supply or means of distribution fails or is curtailed, suspended, interrupted or interfered with, or for any cause reasonably beyond its control. Such pressure variations, failure, curtailment, suspension, interruption or interference shall not be held to constitute a breach of contract on the part of the City, or in any way affect any liability for payment for water made available or for money due on or before the date of such occurrence.

(Ord. 2181 Ch. 2 § 9, 12/3/1981)

A.

The City may discontinue service by reason of a failure to pay a bill for service or the failure to comply with the terms of Chapters 13.24 through 13.48, in accordance with the procedures established by State law, said chapters, and other City ordinances.

B.

Service to any premises upon which a private water supply system is used or operated contrary to the provisions of this chapter may be discontinued or refused.

(Ord. 2181 Ch. 2 § 9, 12/3/1981)

A.

The Director and the Director of Finance and Administrative Services may make such administrative determinations for the proper operation of Chapter 13.24 through 13.48 as are not inconsistent with its provisions.

B.

The Director shall promulgate and enforce such customer service policies and related additional rules as may be deemed necessary from time to time to encourage and facilitate the use of water, pursuant to City Council resolution approving the same.

(Ord. 2181 Ch. 2 § 10, 12/3/1981)

Any person wilfully violating any of the provisions of Chapters 13.24 through 13.48 shall be guilty of a misdemeanor, and shall be punished as set forth in section 1.24.010 of this Code.

(Ord. 2181 Ch. 2 § 11, 12/3/1981)

A.

An application shall be made for all service connections, for the temporary use of a fire hydrant meter, and for work to be performed by the Department. Such application shall be on forms provided by the department.

B.

An application shall be accompanied by all fees or deposits required by Chapters 13.24 through 13.48.

C.

The application shall provide all information required by Chapters 13.24 through 13.48, as well as all other information determined by the Director to be necessary for consideration and action upon the application.

D.

The application, when approved by the Director, shall constitute an agreement whereby the applicant agrees to conform to the provisions of Chapters 13.24 through 13.48, as now enacted or hereafter amended.

E.

A change of use of the served premises will require that a new application for service be made.

(Ord. 3339 § 1, 1/1/2009; Ord. 2181 Ch. 3 § 1, 12/3/1981)

A.

All service connections shall be metered.

B.

Each served premises must have a separate connection to a main, unless otherwise approved by the Director when impossible or impractical.

C.

Water will not be provided to more than one customer or dwelling through a single service connection, and separate service applications are required for each dwelling. When two customers are being served by a single service connection on the effective date of the ordinance codified in Chapters 13.24 through 13.48, the Director may require the installation of a new service, when necessary, for efficient operation of the system, at the cost of the customer.

D.

When the premises for which service is sought does not abut a main with sufficient pressure and capacity to provide the required flow at the property line, the application for service shall be rejected.

E.

Unless approved by the Director in accordance with Ordinance 3082, no application for water service shall be accepted or approved for locations outside of the City water service area.

F.

The furnishing of water by a customer to premises other than that served by the customer's service is prohibited, except as may be approved by the Director, and except during emergencies; provided, that emergency service cannot continue for more than 30 days and an application for emergency service shall be made to the department within 48 hours of the onset of the emergency.

G.

A request for a change in the size of service connection shall be treated as a request for a new service installation.

H.

A change of use of the served premises will require a new service connection, unless the existing service is adequate for the changed use, as determined by the Director.

(Ord. 3226 § 3 (part), 1/1/2006; Ord. 2181 Ch. 3 § 2, 12/3/1981)

Subject to the conditions set out in subparagraphs A through D below, water service to a single attached or detached accessory dwelling unit (ADU) may be supplied from a supply line connected to an existing or new service line that supplies water from a City main to the primary dwelling unit on the property:

A.

The service line must provide water to the ADU with a flow of at least two GPM @ 30 PSI.

B.

New ADU water meter shall be installed to City standards.

C.

The owner of the primary dwelling unit shall assume all risks and shall hold the City harmless from all losses and damages arising from any such connection.

D.

No separate water system development fee shall be charged for the ADU water connection.

(Ord. 3695 § 1, 7/19/2022)

A.

All water service connections shall be made by the division.

B.

The cost of such connections shall be paid by the customer at the time of application.

C.

The fees established by Chapters 13.24 through 13.48 are for the water service connection only. Where special conditions exist, such as inability to bury service lines, the actual cost of installation shall be charged to the customer.

D.

When buildings are replaced by new buildings, the existing water service connection shall not be used, when the Director determines that such connection is not acceptable. In such an instance, the customer shall be required to install a new water service connection, in accordance with the terms of Chapters 13.24 through 13.48.

(Ord. 2181 Ch. 3 § 3, 12/3/1981)

A.

A fee will be charged for new residential water service connections, including the meter, see Appendix B.

B.

Whenever residential water service connections are to be installed by the department at the same time a water main is being installed, the fee for new connections may be reduced by ten percent for each such connection, when ten or more adjacent connections are installed simultaneously. All excavations of trench, exposure of the main and trench backfill shall be provided by the applicant's designated representative.

C.

This fee shall cover the cost of tapping the City's water main for the necessary size of service, installing the copper tubing, type "K" or 200 p.s.i. PVC or P.E. necessary to reach to within two feet of the property line, to a maximum distance of 60 feet, and provide and install a yoke, shut-off, meter and meter box. For any additional extra length of service pipe beyond 60 feet, the customer shall be billed for the additional cost plus administrative overhead.

(Ord. 3719 § 1, 9/5/2023; Ord. No. 3478 § 3, 5/21/2013; Ord. 3265 § 2, 1/1/2007; Ord. 3226 § 3 (part), 1/1/2006; Ord. 2932 § 25, 10/11/1996; Ord. 2181 Ch. 3 § 4, 12/3/1981)

A.

For all commercial and/or industrial services, and for all residential services larger than two-inch diameter irrespective of meter size, prior to commencement of any work by the City the owner or applicant must pay a deposit in an amount of the City estimate of cost for the construction work and the work will be thereafter billed on the basis of actual cost of installations plus administrative overhead. The applicant will be refunded any underrun or billed any overrun of the actual cost difference in the estimated cost including administrative overhead except when the actual cost is within $50.00 of the estimate.

B.

In no event shall the charge be less than the charge for a two-inch service.

(Ord. 3719 § 1, 9/5/2023; Ord. 2745 § 1, 1/29/1993; Ord. 2181 Ch. 3 § 5, 12/3/1981)

A.

The ownership of all water mains and service connections in public rights-of-way shall be solely vested in the City, except for those mains which are designated as private mains.

B.

The ownership and responsibility for the maintenance of individual service pipe extensions from the meter to the premises served shall be that of the owner of the premises served and the City shall not be liable for any part thereof.

(Ord. 2181 Ch. 3 § 6, 12/3/1981)

A.

Where the premises of one customer only is located near or abuts upon a street in which there is no water main, a non-standard water service extension no greater than 150 feet in length may be installed and connected, as approved by the Director, to the nearest available water main.

B.

The department will maintain the non-standard water service extension beneath and along the public street, from the main to the water meter. Whenever any improvement within the public right-of-way within which any non-standard water service extension is located requires the removal or readjustment of such pipe, the cost and responsibility therefor shall be that of the owner of the premises served and the City shall not be liable for any portion of the cost thereof.

C.

Upon acceptance of a new permanent main where the customer is being served by a non-standard water service, the customer shall discontinue the use of the service and the department shall connect the service line to the permanent main at its own expense.

(Ord. 2181 Ch. 3 § 7, 12/3/1981)

A.

All water service piping leading from the water main to the meter and from the meter to the premises shall be laid not less than 30 inches below the surface of the ground.

B.

Water service pipes or any underground water pipes shall not be laid in the same trench with building sewer or drainage piping.

C.

Water service pipes, parallel to building sewers or drainage piping, shall normally be above and separated by a distance of at least ten feet horizontally, unless otherwise approved by the Director.

D.

Shut-off valves of approved full-flow pattern with key or hand wheel shall be installed in the water service pipe leading from the City meter to the building, within the premises served, in accordance with the applicable plumbing code. Shut-off valves where buried shall be properly enclosed in a minimum six-inch diameter pipe, or box, of concrete, plastic, or iron with an approved cover, protected from freezing and readily accessible.

E.

Valves or customer-owned equipment are not permitted to be installed within the City's meter box.

F.

Service connections and extension pipes laid underground shall be sized in conformance with the applicable provisions of the International* Building Code as adopted by the City.

*"Uniform Building Code" updated to "International Building Code."

G.

Service connection and extension pipes shall be constructed of standard weight galvanized iron or steel pipe, cast or ductile iron pipe, copper tubing, or nonmetallic material as approved by the Director.

H.

The department may require any customer to install a pressure-reducing valve, backflow prevention device, pressure relief valve or similar device at any location where the Director determines a need, to protect the department's facilities.

I.

The customer shall install and provide copper tubing type "K" or 160 P.S.I. PVC or P.E. or such other material as approved by the Director as a service line from the meter to the structure to be served.

(Ord. 2181 Ch. 3 § 8, 12/3/1981)

A.

All persons installing fixtures or appliances to be supplied with water from the City water mains shall be subject to the requirements of the applicable plumbing code of the City. Persons installing plumbing in new buildings shall leave the valve at the meter in the "off" position upon completion of their work.

B.

The Director shall have the right to refuse water service or discontinue water service in any situation where it is discovered that applicable City standards and codes have not been complied with in making the installation.

C.

Persons making additions or repairs to existing plumbing systems shall leave the valve at the meter in the position in which it was found on beginning their work.

(Ord. 2181 Ch. 3 § 9, 12/3/1981)

A.

A lawn sprinkler system connected to a domestic or commercial connection shall be equipped with a vacuum breaker placed between the sprinkler stop and waste valve and the first sprinkler outlet. The approved vacuum breaker shall be placed at a height as provided in the applicable City Plumbing Code. The stop and waste valve and vacuum breaker shall be in the sprinkler line after it branches from the water service pipe or the building plumbing.

B.

The stop and waste valve for a lawn sprinkler system shall be at the same depth as the water service pipe, however, the lawn sprinkler system proper may be laid to a lesser depth at the option of the owner.

C.

Such additional stop and waste valves, as are required to properly drain the sprinkler piping, shall also be installed.

D.

All sprinkler piping shall be inspected by an authorized City employee prior to backfilling the trenches.

E.

Water service may be refused on existing lawn sprinkler systems which are not equipped with a stop and waste valve and an approved vacuum system.

(Ord. 2181 Ch. 3 § 10, 12/3/1981)

A.

A water service connection to be used solely for fire protection purposes may be installed, servicing any premises, subject to the provisions of this section.

B.

Fire protection systems shall be provided in accordance with I.S.O. guidelines.

C.

A plan of the proposed required fire protection system showing the general installation detail shall be required and shall be approved by the Director and the Fire Marshal prior to construction.

D.

Service of more than one premises by a fire service shall not be permitted.

E.

Fire protection systems shall be installed and maintained by the customer in a manner approved by the department, and the system shall contain an approved, tested backflow prevention device.

F.

Fire protection systems shall be installed with a detection check meter of a size and type approved by the department.

G.

Indication of unauthorized use of water through a detector check meter more than once per calendar year shall be cause for installation of a fire line meter at the expense of the customer.

H.

Delinquency in payment of expense for fire protection service or failure of the customer to make changes in meter installation as herein provided, after reasonable notice from the department, shall be sufficient cause for filing a lien on the property and/or discontinuance of the service.

(Ord. 2181 Ch. 3 § 11, 12/3/1981)

When new water service connections are installed by the department for any premises, the valve at the meter shall be turned to the "Off" position and remain off until a turn on is applied for, and an order shall be issued by the department upon written application therefor by the owner of the premises to be supplied after inspection and approval by the department, and after the plumbing inspector has issued a certificate that all provisions of the applicable plumbing code have been complied with.

(Ord. 2181 Ch. 4 § 1, 12/3/1981)

After written application or verbal request, any water service will be turned on at a time convenient to the City.

(Ord. 2815 6, 7/1/1994; Ord. 2294 § 1, 4/4/1984)

After written application or verbal request, any water service will be turned off without charge where such turn off can be accomplished at a time convenient to the department.

(Ord. 2181 Ch. 4 § 2, 12/3/1981)

A fee will be charged for emergency turn off/turn on or temporary water service discontinuance; provided that for emergency turn off/turn on during regular hours the City will refund 50 percent of the fee upon satisfactory proof that the resident/home owner has installed an appropriate shutoff. The fee may be waived by the Director if the turn on/turn off can be accomplished during the normal course of business and schedules of the crews.

(Ord. 3719 § 1, 9/5/2023; Ord. 2932 § 26, 10/11/1996; Ord. 2673 § 3, 2/14/1992; Ord. 2289 § 1, 3/5/1984; Ord. 2181 Ch. 4 § 3, 12/3/1981)

A.

Turn on or turn off charges are for expenses incurred to take final or initial meter readings, administrative, accounting, data processing, and overhead charges incurred in transferring or establishing a new or existing account. The turn on fee shall be deemed fully earned if all or any part of the above activities are accomplished.

B.

Turn on charges shall not be prorated for services started during a billing period.

C.

All unpaid water service charges and penalties against the premises shall be required to be paid at the time of application for turn on, or an arrangement for payment satisfactory to the Director of Administrative Services and Director of Public Works and Utilities shall be made before water is supplied to the premises.

(Ord. 2181 Ch. 4 § 4, 12/3/1981)

A.

It is unlawful for any person, except duly authorized employees of the City, to turn on the water supply to the premises after a turn off is made at the meter by the City.

B.

A water service to any premises turned on by an unauthorized person, after the water supply had been turned off by the department, may, upon discovery, be disconnected by the City from the water main in the street, and shall not be connected again until all fees due as a result of the disconnecting and reconnecting of such service are paid.

(Ord. 2181 Ch. 4 § 5, 12/3/1981)

The City shall not be liable for any damage to persons or property resulting from a properly performed and authorized turn off or turn on of the water service including, but not limited to, situations where water service is left on between a change of customer occupying the premises, at the request of one of the customers, or the service is disconnected for "nonpayment" or "no contract."

(Ord. 2181 Ch. 4 § 6, 12/3/1981)

Whenever a premises supplied with water has been found by the proper authorities to be dangerous to human life and unfit for human habitation, and notice of such finding has been received by the department from the authorities, the Director shall cause the water service to such premises to be turned off. Water service to such premises shall not be restored until the owner and/or his agent has secured a release or clearance from the proper authorities.

(Ord. 2181 Ch. 4 § 7, 12/3/1981)

The department will conduct a water quality test of a customer's water at the request of the customer. The test fee will be waived if the department determines that there is a problem within the City water system that needs to be corrected by the City, otherwise, the customer will be charged a test fee.

(Ord. 3719 § 1, 9/5/2023; Ord. 2932 § 27, 10/11/1996; Ord. 2673 § 2, 2/14/1992)

All meters installed on water service connections by the department shall be and remain the property of the City and shall be removed only by the department.

(Ord. 2181 Ch. 5 § 1, 12/3/1981)

A.

Whenever the owner of any premises desires to change the size of a meter, an application shall be made to the department, and, upon approval, the exchange will be made at the expense of the owner, less credit for the usable value of the meter removed.

B.

Overload meters. Whenever demand periodically exceeds the rated capacity of a meter to the extent that the meter may be damaged, the department shall notify the owner of this fact. After evaluating the owner's requirements, the department shall advise what size meter is necessary to give proper service without damage to the meter. The estimate of cost covering such change shall be furnished by the department, upon request by the owner, without charge. If the owner does not make the required deposit for the installation of the larger meter within 30 days after the date of the notice, then the department shall install the proper size meter, charging the total cost to the owner, or the department may discontinue service.

(Ord. 2181 Ch. 5 § 2, 12/3/1981)

A.

The department shall maintain and repair all domestic, commercial and industrial service meters and shall replace meters periodically, when necessary, if rendered unserviceable by ordinary use.

B.

When replacement or repairs to any meter are made necessary by the wilful act, neglect or carelessness of the owner or occupant of the premises served, all expenses of such replacement shall be borne by the owner or occupant of the premises.

C.

Use of fire hydrant meters shall be in accordance with City procedures. The owner or occupant of the premises shall be responsible for all damages due to improper use of a fire hydrant meter.

(Ord. 3339 § 2, 1/1/2009; Ord. 2181 Ch. 5 § 3, 12/3/1981)

If the customer discovers and repairs a leak or leaks to the plumbing on his premises, he may, upon request, receive credit for up to one month's excess consumption over the average consumption for the month preceding the leak, as that average consumption is based upon the previous consumption history for the premises.

(Ord. 3380 § 2, 1/4/2010; Ord. 2181 Ch. 5 § 4, 12/3/1981)

A.

Upon request from a customer, based upon a complaint that the water bill for any period has been excessive, the department shall have the meter re-read.

B.

Should the customer then request that the meter be tested for accuracy, he shall make a deposit, as prescribed herein, with the City Treasurer. The customer shall have the privilege of being present when such test is made. In case the test discloses an error of more than three percent in favor of the City, the deposit shall be refunded to the customer, a correct registering meter shall be installed and the customer's account shall be credited with the excess consumption over the average consumption for the last previous reading, unless otherwise approved by the Director. When the test discloses either no error or an error of three percent or less, the amount deposited will be retained by the department to cover a part of the cost of such test.

(Ord. 2181 Ch. 5 § 5, 12/3/1981)

A fee will be charged and a deposit required for water meter testing, see Appendix B.

(Ord. 3719 § 1, 9/5/2023; Ord. 2673 § 4, 2/14/1992; Ord. 2181 Ch. 5 § 6, 12/3/1981)

The monthly rate for water service shall be in accordance with sections 13.44.010 through 13.44.080. The rates established in sections 13.44.010 through 13.44.080 include all applicable taxes.

(Ord. 3340, 1/1/2009)

The Director of Public Works and Utilities, or his designee, shall assign each customer to the water rate class and the service size rating that most appropriately characterizes the customer's type and volume of service within the classes and ratings established in this chapter.

(Ord. 3438 § 2, 10/18/2011; Ord. 3340, 1/1/2009)

The monthly residential flat rate will be charged to each single-family residence served by a separate meter and to each residence served by a common meter. If requested by a customer served by a separate meter, the customer may be transferred to the metered rate specified in PAMC 13.44.020, provided that first an amendment to any existing easement that specifies a flat rate is granted by the easement property owner and approved by the Public Works and Utilities Director. See Appendix B for rates.

(Ord. 3719 § 1, 9/5/2023; Ord. 3702 § 1, 10/18/2022; Ord. 3632 § 1, 10/15/2019; Ord. 3610 § 2, 11/6/2018; Ord. 3601 § 2, 12/19/2017; Ord. 3538 § 1, 9/1/2015; Ord. 3513 § 2, 10/7/2014; Ord. 3489 § 2, 11/5/2013; Ord. 3381, 1/4/2010; Ord. 3340, 1/1/2009; Ord. 3305, 1/1/2008; Ord. 3265 § 3, 1/1/2007; Ord. 3231 § 1 (part), 1/1/2006; Ord. 3128 § 1 (part), 11/29/2002; Ord. 3064 § 1 (part), 12/6/2000; Ord. 3029 § 1, (part), 11/26/1999; Ord. 2962 § 1 (part), 6/27/1997, Ord. 2871 § 1 (part), 6/30/1995; Ord. 2820 § 1, 7/6/1994; Ord. 2673 § 1 (part), 2/14/1992; Ord. 2323 § 1, 1/2/1985; Ord. 2181 Ch. 6 § 1, 12/3/1981)

A monthly customer rate will be charged for water service to single-family residences within the corporate limits of the City of Port Angeles. For the purposes of this section, "single-family residences" are defined as structures designed for occupancy by a single housekeeping unit only, containing a complete kitchen unit, and does not include duplexes, fourplexes, apartments, rooming houses, or other multi-family structures. See Appendix B for rates.

(Ord. 3719 § 1, 9/5/2023; Ord. 3702 § 1, 10/18/2022; Ord. 3695 § 2, 7/19/2022; Ord. 3632 § 1, 10/15/2019; Ord. 3610 § 2, 11/6/2018; Ord. 3601 § 2, 12/19/2017; Ord. 3538 § 1, 9/1/2015; Ord. 3535 § 1, 5/5/2015; Ord. 3513 § 2, 10/7/2014; Ord. 3489 § 2, 11/5/2013; Ord. 3381, 1/4/2010; Ord. 3340, 1/1/2009; Ord. 3305, 1/1/2008; Ord. 3265 § 3, 1/1/2007; Ord. 3226 § 4 (part), 1/1/2006; Ord. 3164 § 1 (part), 6/25/2004; Ord. 3128 (part), 11/29/2002; Ord. 3064 § 1 (part), 12/6/2000; Ord. 3029 § 1 (part), 11/26/1999; Ord. 2962 § 1 (part), 6/17/1997; Ord. 2871 § 1 (part) 6/30/1995; Ord. 2820 § 1 (part) 7/6/1994; Ord. 2673 § 1 (part), 2/14/1992; Ord. 2541 § 1, 7/1/1989; Ord. 2340 § 1, 5/8/1985; Ord. 2323 § 2, 1/2/1985; Ord. 2181 Ch. 6 § 2, 12/3/1981)

A.

A monthly customer rate based upon meter size will be charged to commercial water service customers within the City of Port Angeles.

B.

A monthly customer rate based upon meter size will be charged to municipal water service customers within the City of Port Angeles.

C.

A monthly customer rate based upon meter size will be charged to non-taxable federal water service customers within the City of Port Angeles.

See Appendix B for rates.

(Ord. 3719 § 1, 9/5/2023; Ord. 3702 § 1, 10/18/2022; Ord. 3670 § 1, 12/1/2020; Ord. 3632 § 1, 10/15/2019; Ord. 3601 § 2, 12/19/2017; Ord. 3538 § 1, 9/1/2015; Ord. 3513 § 2, 10/7/2014; Ord. 3489 § 2, 11/5/2013; Ord. 3381, 1/4/2010; Ord. 3340, 1/1/2009; Ord. 3305, 1/1/2008; Ord. 3265 § 3, 1/1/2007; Ord. 3226 § 4 (part), 1/1/2006; Ord. 3164 § 1 (part), 6/25/2004; Ord. 3128 § 1 (part), 11/29/2002; Ord. 3064 § 1 (part), 12/6/2000; Ord. 3029 § 1 (part), 11/26/1999; Ord. 2962 § 1 (part), 6/27/1997; Ord. 2871 § 1 (part), 6/30/1995; Ord. 2820 § 1 (part), 7/6/1994; Ord. 2673 § 1 (part), 2/14/1992; Ord. 2323 § 5, 1/2/1985; Ord. 2181 Ch. 6 § 5, 12/3/1981)

A monthly customer rate will be charged industrial customers within the City of Port Angeles. For the purposes of this section, "industrial customers" are defined as customers whose average monthly potable water consumption is in excess of 350,000 cubic feet per month, where such average is computed by dividing total annual month period by 12; provided, that this rate does not apply to public wholesale customers of the City, whose rate shall be established by contract as set forth in PAMC 13.44.060. See Appendix B for rates.

(Ord. 3719 § 1, 9/5/2023; Ord. 3702 § 1, 10/18/2022; Ord. 3632 § 1, 10/15/2019; Ord. 3601 § 2, 12/19/2017; Ord. 3538 § 1, 9/1/2015; Ord. 3513 § 2, 10/7/2014; Ord. 3489 § 2, 11/5/2013; Ord. 3381, 1/4/2010; Ord. 3340, 1/1/2009; Ord. 3305, 1/1/2008; Ord. 3265 § 3, 1/1/2007; Ord. 3231 § 1 (part), 1/1/2006; Ord. 3128 § 1 (part), 11/29/2002; Ord. 3064 § 1 (part), 12/6/2000; Ord. 3029 (part), 11/26/1999; Ord. 2962 § 1 (part), 6/27/1997; Ord. 2871 § 1 (part) 6/30/1995; Ord. 2820 § 1 (part), 7/6/1994; Ord. 2673 § 1 (part), 2/14/1992; Ord. 2323 § 3, 1/2/1985; Ord. 2181 Ch. 6 § 3, 12/3/1981)

All water service furnished to a user outside the City limits will be charged at the rate of 150 percent of the schedule for rates and charges, see Appendix B. This section does not apply to the resale rate and wholesale contract sales.

(Ord. 3719 § 1, 9/5/2023; Ord. 3489 § 2, 11/5/2013; Ord. 3340, 1/1/2009; Ord. 3305, 1/1/2008; Ord. 3265 § 3, 1/1/2007; Ord. 3226 § 4 (part), 1/1/2006; Ord. 3164 § 1 (part), 6/25/2004; Ord. 3128 § 1 (part), 11/29/2002; Ord. 3064 § 1 (part), 12/6/2000; Ord. 3029 § 1 (part), 11/26/1999; Ord. 2962 § 1 (part), 6/27/1997; Ord. 2871 § 1 (part), 6/30/1995; Ord. 2820 § 1 (part), 7/6/1994; Ord. 2673 § 1 (part), 2/14/1992; Ord. 2323 § 4, 1/2/1985; Ord. 2181 Ch. 6 § 4, 12/3/81)

A monthly customer rate based on meter size will be charged to agriculture and residential and commercial landscaping irrigation service within the City of Port Angeles. For the purposes of this section, the irrigation rate is available for separately metered services used exclusively for agricultural and irrigation purposes. See Appendix B for rates.

(Ord. 3719 § 1, 9/5/2023; Ord. 3702 § 1, 10/18/2022; Ord. Ord. 3632 § 1, 10/15/2019; Ord. 3601 § 2, 12/19/2017; Ord. 3538 § 1, 9/1/2015; Ord. 3513 § 2, 10/7/2014; Ord. 3489 § 2, 11/5/2013; Ord. 3381, 1/4/2010; Ord. 3340, 1/1/2009; Ord. 3305, 1/1/2008; Ord. 3265 § 3, 1/1/2007; Ord. 3226 § 4 (part), 1/1/2006; Ord. 3164 § 1 (part), 6/25/2004; Ord. 3128 § 1 (part), 11/29/2002; Ord. 3064 § 1 (part), 12/6/2000; Ord. 3029 § 1 (part), 11/26/1999; Ord. 2962 § 1 (part), 6/27/1997; Ord. 2871 § 1 (part), 6/30/1995; Ord. 2820 § 1 (part), 7/6/1994; Ord. 2673 § 1 (part), 2/14/1992)

The Director may approve the resale or transfer of City water by a customer to a subsequent purchaser outside of Port Angeles pursuant to PAMC 13.32.020(F), subject to the following conditions:

A.

In addition to payment of a surcharge, the regular monthly and usage metered rates for the water service at which the water is obtained continue to apply. The surcharge may be used for special water utility purposes such as water system or water quality improvement projects. Any fees charged by the customer to the subsequent purchaser are subject to the Director's approval.

B.

The purchaser is required to execute a hold harmless agreement, acknowledging that the City makes no representations as to the quality of the water and indemnifying the City and its officials and employees against any claims, lawsuits, or damages that may result directly or indirectly from the purchase of water from the City of Port Angeles.

(Ord. 3719 § 1, 9/5/2023; Ord. 3702 § 1, 10/18/2022; Ord. 3632 § 1, 10/15/2019; Ord. 3601 § 2, 12/19/2017; Ord. 3538 § 1, 9/1/2015; Ord. 3513 § 2, 10/7/2014; Ord. 3489 § 2, 11/5/2013; Ord. 3064 § 1 (part), 12/6/2000; Ord. 3029 § 1 (part), 11/29/1999; Ord. 2914, 4/26/1996)

The amount to be paid by wholesale customers will be established by contract. Wholesale contracts in force and effect prior to January 1, 2009 shall have all consumption charges based on the rate as set forth in a resolution authorized by Chapter 1.25 PAMC.

(Ord. 3719 § 1, 9/5/2023; Ord. 3340, 1/1/2009; Ord. 3064 § 1 (part), 12/6/2000; Ord. 3029 § 1 (part), 11/29/1999; Ord. 2965, 8/29/1997; Ord. 2962 § 1 (part), 6/27/1997; Ord. 2871 § 1 (part), 6/30/1995; Ord. 2820 § 1 (part), 7/6/1994; Ord. 2673 § 1 (part), 2/14/1992)

A.

For billing purposes where two or more premises are served on a temporary basis through a single meter, each premise shall be considered a separate customer.

B.

The use of water for construction purposes will be allowed, where available, to construct or reconstruct any building or structure or settle trenches or fills upon approval of an application and payment of a temporary service fee as set forth in a resolution authorized by Chapter 1.25 PAMC. A monthly customer charge based on meter size will be charged, see Appendix B for fees and charges.

C.

There shall be no monthly customer charges for wastewater until a final inspection of occupancy is approved if temporary water use is provided.

(Ord. 3719 § 1, 9/5/2023; Ord. 3340, 1/1/2009; Ord. 3265 § 3, 1/1/2007; Ord. 3231 § 1 (part), 1/1/2006; Ord. 3128 § 1 (part), 11/29/2002; Ord. 3064 § 1 (part), 12/6/2000; Ord. 3029 § 1 (part), 11/29/1999; Ord. 2673 § 1 (part), 2/14/1992; Ord. 2181 Ch. 6 § 7, 12/3/1981)

A.

Where City water is used for City Fire Department fire protection purposes using fire hydrants that are not metered, no monthly lease rate will be charged for the water consumption of such service.

B.

The customer and/or property owner shall be responsible for all repairs and maintenance associated with the fire protection service, beginning at the connection to the City water main and ending at and including the service within the building. The department shall perform all repairs and maintenance activities on the fire protection service line within City rights-of-way. All costs associated with such repairs and maintenance by the department shall be paid for by the customer and/or property owner.

C.

If such repairs and maintenance costs (for work performed by the department) exceed $1,000.00, the customer and/or property owner may arrange a payment schedule with the Director of Finance to pay for the costs over a period of time not to exceed 12 months. Interest shall be charged at the rate of one percent per month on the unpaid balance. The minimum interest shall be $0.50.

D.

Where such fire service is provided, no charge will be made for water used in extinguishing fires of incendiary or accidental origin, if the customer at the location where the fire occurs gives written notice to the department within ten days from the time of such fire. Otherwise, all water used will be billed at the applicable rate, as established for the primary metered service serving the premises, as provided for in this chapter.

E.

Where the size of a single-family residential service must be increased to provide capacity for a residential sprinkler system and the Fire Department certifies that the fire sprinkler system has been installed, the residential water rate for the residence shall be the rate for service with a five-eighths-inch meter as established in section 13.44.020.

F.

The cost to repair and maintain fire hydrants used for City fire protection services shall be charged to the City's general fund.

(Ord. 3381, 1/4/2010; Ord. 3164 § 1 (part), 6/25/2004; Ord. 2673 § 1 (part), 2/14/1992; Ord. 2204 § 1, 4/19/1982; Ord. 2181 Ch. 6 § 8, 12/3/1981)

Whenever the department responds to a request outside of regular working hours for assistance to investigate a deficiency in water service to any premises and it is determined that the deficiency is the result of improper operation or maintenance of the customer's plumbing, a charge is required to defray a portion of the City's cost of responding as set forth in Chapter 1.25 PAMC.

(Ord. 3719 § 1, 9/5/2023; Ord. 3538 § 1, 9/1/2015; Ord. 3489 § 2, 11/5/2013; Ord. 3305, 1/1/2008; Ord. 3265 § 3, 1/1/2007; Ord. 3231 § 1 (part), 1/1/2006; Ord. 3128 § 1 (part), 11/29/2002; Ord. 3064 § 1 (part), 12/6/2000; Ord. 3029 § 1 (part), 11/29/1999; Ord. 2673 § 1 (part), 2/14/1992; Ord. 2181 Ch. 6 § 9, 12/3/1981)

It is in the public interest to promote the conservation of the City's water supply in order to protect the health, welfare and safety of water users. To accomplish this declared purpose, the City reserves the right to exercise its police powers through emergency measures as set forth in this chapter.

(Ord. 3092 § 1 (part), 7/27/2001)

The City Manager and City Council, when necessary for the protection of the public health, safety, and welfare, shall have the authority to declare various stages of water emergencies and to implement the water conservation measures set forth in this chapter and in the City's water shortage response plan.

(Ord. 3092 § 1 (part), 7/27/2001)

The following policies and procedures shall apply during the various stages of water emergencies as set forth in this section:

A.

Stage I. Anticipated water shortage—Internal preparations. The City Manager may declare a Stage I water emergency, when a water shortage is anticipated but not immediate. The Public Works and Utilities Department shall conduct public education efforts regarding the benefits and necessity of conservation by the public.

B.

Stage II. Serious water shortage—Voluntary conservation. The City Manager may declare a Stage II water emergency, when a water shortage exists such that immediate voluntary reductions in consumption are necessary. The Public Works and Utilities Department shall conduct an intensified public information campaign and shall coordinate the campaign to encourage voluntary water conservation through news releases and other methods of providing information about conservation methods.

C.

Stage III. Critical water shortage—Limited outdoor restrictions. The City Council may declare a Stage III water emergency, when a water shortage exists such that water supplies are critically impacted and water demand must be reduced. The City Council may establish certain specified days or hours for lawn and garden sprinkling and may prohibit or regulate other non-essential uses of water within the water system during such times as there is an actual or impending water shortage, extreme pressure loss in the distribution system, or for any other reasonable cause. The following non-essential uses of water may be prohibited on all properties connected to the City's water system, whether inside or outside of the City:

1.

Washing sidewalks, walkways, driveways, parking lots, patios, and other exterior paved areas by direct hosing, except as may be necessary to prevent or eliminate materials dangerous to the public health and safety.

2.

Escape of water through breaks or leaks within the customer's plumbing or private distribution system for any period of time beyond which such break or leak should reasonably have been discovered and corrected. It shall be presumed that a period of 48 hours after the customer discovers a leak or break, or receives notice from the City of such leak or break, whichever occurs first, is a reasonable time in which to correct the same.

3.

Non-commercial washing of privately owned motor vehicles, trailers, and boats, except from a bucket or hose using a shutoff nozzle for quick rinses.

4.

Lawn sprinkling and irrigation which allows water to run off or overspray the lawn area. Every customer is deemed to have knowledge of and control over his or her lawn sprinkling and irrigation at all times.

5.

Sprinkling and irrigation of lawns, ground cover, or other plants, between the hours of 9:00 a.m. and 6:00 p.m. or on any day not authorized by the established rotation schedule.

6.

Such other uses as the Council deems appropriate.

D.

Stage IV—Emergency water shortage. Mandatory outdoor restrictions and indoor conservation. The City Council may declare a Stage IV water emergency, when a water shortage exists such that maximum flow reduction is immediately required, water available to the City is insufficient to permit any irrigation, watering, or sprinkling, and all available water is needed solely for human consumption, sanitation, and fire protection. The City Council may prohibit all non-essential uses of water, including but not limited to all vehicle washing, all lawn watering, and all of the uses that may be prohibited for a Stage III water emergency. The Public Works and Utilities Department shall disseminate information using every available means to encourage customers to reduce indoor water usage to the maximum extent possible.

E.

Stage V—Regional disaster. Water rationing. The City Council may declare a Stage V regional disaster water emergency, when a water shortage exists such that water rationing must be implemented and emergency water distribution may be necessary for customers without water. The City Council may restrict water use by rationing the amount of water used by residential users to a certain number of gallons per day per person residing within the dwelling unit, by rationing the amount of water used by non-residential users based on a percentage of their historical usage as calculated by the City, and by any other type of rationing as the Council deems necessary and appropriate in the circumstances. The Public Works and Utilities Department shall disseminate information to customers regarding the rationing plan.

(Ord. 3092 § 1 (part), 7/27/2001)

The Director of Public Works and Utilities or designee, including any employee of the Public Works and Utilities Department, field personnel of the Community and Economic Development Department or Fire Department, or Police Officer of the City, shall have the authority to enforce the provisions of this chapter.

(Ord. 3092 § 1 (part), 7/27/2001)

The Director of Public Works and Utilities may grant temporary variances for the prospective use of water otherwise prohibited by this chapter. Such temporary variances shall be in writing and shall be based on a determination by the Director that, due to unusual circumstances, application of this chapter would cause an extraordinary hardship adversely affecting the health, sanitation, or fire protection of the applicant or the public. The Director's determination shall be final and non-appealable.

(Ord. 3092 § 1 (part), 7/27/2001)

Except as otherwise provided in this chapter, violations of this chapter shall be punishable as follows:

A.

First violation. Warning. For a first violation, notice shall be given to the customer, explaining the City's present water shortage situation and warning that a second violation will result in the requirement that a flow restriction device be installed by the City at the customer's expense.

B.

Second violation. Flow restriction device. For a second violation, notice shall be given to the customer, requiring the installation of a flow restriction device for a period of seven days, which device will limit water flow to ten gallons per minute, and including a warning that service will be discontinued if a third violation occurs.

C.

Third and subsequent violations. Water shutoff and $100.00 turn on charge. For a third or a subsequent violation, notice shall be given to the customer, informing the customer that water service to the premises has been shutoff and a $100.00 charge has been assessed to the utility account in order to turn the service back on. The $100.00 charge shall be a lien against the property as set forth in RCW 35.21.290 and RCW 35.21.300.

D.

Opportunity to comment and appeal. Prior to imposition of the penalty for either a second, third, or subsequent violation, the customer shall be given notice of an opportunity to comment to the Director of Public Works and Utilities or designee within 24 hours of receiving the notice or such later time as the Director may designate, regarding any reason that the penalty should not be imposed. If, after such comment, the Director decides to proceed with imposition of the penalty, the customer shall have the opportunity to appeal to the City Manager or designee within 24 hours of the Director's determination or such later time as the City Manager may designate. The City Manager's determination shall be final and non-appealable. Said 24-hour periods shall exclude Saturdays, Sundays, and legal holidays.

E.

Method of giving notice. Notice provided under this section shall be given either by hand-delivering written notification to an occupant at the customer's service address, provided that in the absence of an occupant the written notification may be posted conspicuously at the premises, or by certified mail.

(Ord. 3092 § 1 (part), 7/27/2001)

A main extension shall be required whenever more than one residence or customer is provided service, and the property to be served does not abut a water main, or the existing water main is not adequate to provide the necessary water pressure or flow characteristics.

(Ord. 2181 Ch. 7 § 1, 12/3/1981)

A.

The person desiring a main extension shall apply to the Director requesting permission to extend the City's water system.

B.

The Director shall review the application and, if the requested extension is determined to be a proper extension of the water system, shall provide the petitioner with the design requirements for the extension.

C.

If the requested main extension is determined to be an improper extension of the water system, the application shall be denied.

(Ord. 2181 Ch. 7 § 2, 12/3/1981)

Upon receipt of the design requirements from the department, the petitioner shall cause plans and specifications for the extension to be prepared. All design and construction plans and specifications shall be in accordance with APWA standards adopted by the department. The completed plans and specifications, having a valid professional engineer's seal and endorsement, shall be submitted to the department for review and approval.

(Ord. 2181 Ch. 7 § 3, 12/3/1981)

After approval of the plans and specifications, the department will provide the petitioner with an estimate of the construction inspection fee. A permit for construction will be issued after the inspection fees and estimated main connection charges as set forth in a resolution authorized by Chapter 1.25 PAMC have been deposited with the City Treasurer. At such time as the Director determines the remaining funds are not adequate to provide necessary inspection for project completion, the City will notify the petitioner with an estimate of additional inspection fee required. The additional fees must be deposited with the City Treasurer prior to depletion of the funds on deposit. Any moneys unexpended from the inspection deposit upon completion of the project will be returned to the petitioner, see Appendix B for fees and charges.

(Ord. 3719 § 1, 9/5/2023; Ord. 2181 Ch. 7 § 4, 12/3/1981)

A.

Main extensions may be made by private contract, through local improvement district procedure, or by department forces.

B.

Any main extension done other than by the department's forces shall be done by a licensed and bonded contractor of the State of Washington.

C.

Extension by the department's forces shall be at the expense of the person requesting construction of the main.

D.

All main extensions must be situated within:

1.

A public right-of-way dedicated to the City; or

2.

A franchise or an easement granted to the City on such terms and conveying such rights as are adequate to protect the City's utility infrastructure, as determined by the Director.

(Ord. 3659 § 1, 6/16/2020; Ord. 2181 Ch. 7 § 5, 12/3/1981)

The City will participate in construction of main extensions only where the requested service is to a single-family residence which abuts a street in which there is no main and where funds are available. In such circumstances, the City may extend its main at the cost of a two-inch main installed.

(Ord. 2181 Ch. 7 § 6, 12/3/1981)

A.

The City reserves the right to reject any installation not inspected and approved by the department.

B.

Upon satisfactory completion of all required tests and acceptance of the main extension, the department shall cause the extension to be connected to the City system. All costs incurred in such connection(s), including overhead and administrative charges, shall be the responsibility of the petitioner. Any adjustment on the actual cost of installation because of variance between the estimate and the actual cost shall be adjusted by refund upon completion of the job by the petitioner, or by payment by the petitioner to the City of any additional expense above the estimate.

C.

No main extension shall be energized other than for test purposes by duly authorized personnel until the main extension has been accepted by the City and all fees and charges have been paid. If energizing a main is necessary to restore service to existing customers, fire hydrants will not be activated until acceptance of the main extension.

(Ord. 2181 Ch. 7 § 7, 12/3/1981)

A.

Upon completion of a main extension, the petitioner shall provide the department a reproducible Mylar drawing that accurately indicates the main extension and appurtenances as actually installed in plan and profile.

B.

No main extension will be accepted until satisfactory as-built drawings are provided.

(Ord. 2181 Ch. 7 § 8, 12/3/1981)

A.

The permit holder shall provide the City with a deed of conveyance for all main extensions as a condition of acceptance of the main extension by the City.

B.

The transfer of any main to the City shall be on the condition that the owner, district, company, constructor, or contributor shall transfer or provide for any necessary and proper franchise.

(Ord. 2181 Ch. 7 § 9, 12/3/1981)

A.

No temporary main shall be permitted to be installed as a part of the City's water system.

B.

Temporary mains and main extensions, however, may be acquired, maintained and operated by the division where provisions have been made by the owners of such mains to standardize such installations, in compliance with the standards for permanent mains, under terms of an agreement entered into with the Council. Where necessary, the agreement may provide for a surcharge rate or charge to be levied by the City for a specified period of time to provide sufficient revenues to assure compliance with City standards. The Director shall, before recommending the acceptance, delineate the temporary mains included in such installations, which are to be brought up to the City standards, on a map to be included as an exhibit under the aforementioned agreement.

(Ord. 2181 Ch. 7 § 10, 12/3/1981)

Water mains, parallel to a sewer, shall normally be above and separated by a distance of at least ten feet horizontally. Under unusual circumstances the horizontal spacing may be adjusted, subject to the approval of the department. Water mains crossing sewers should be not less than three feet above the sewer. Where it is necessary for a sewer to cross within three feet, or over the water main, the sewer shall be constructed of cast iron for a distance of ten feet on either side of the water main or encased in reinforced concrete for the same distance or constructed of other materials approved by the department.

(Ord. 2181 Ch. 7 § 11, 12/3/1981)

For the purpose of carrying into effect the solid waste regulations of this title, there is created and established a solid waste utility within the Department of Public Works and Utilities.

(Ord. 3243 § 1, 4/28/2006; Ord. 2317 § 2, 10/26/1984)

The Director of Public Works and Utilities, hereinafter also referred to as "Director," shall have authority and responsibility to direct and control all work provided for and contemplated by the solid waste regulations of this title. The Director, with such assistance of personnel and equipment and contractual services, as furnished to him by the City for the operation of the solid waste utility, shall collect, remove and dispose of all garbage, rubbish, trash and offal within the City of Port Angeles as provided for in Chapter 13.54 PAMC.

(Ord. 3243 § 1, 4/28/2006; Ord. 2317 § 2, 10/26/1984)

For purposes of this chapter:

A.

"Telecommunications" means the transmission of information by wire, radio, optical cable, electromagnetic, or other similar means. As used in this definition, "information" means knowledge or intelligence represented by any form of writing, signs, signals, pictures, sounds, or any other symbols.

B.

"Telecommunications facilities" means lines, conduits, ducts, poles, wires, cables, crossarms, receivers, transmitters, instruments, machines, appliances, instrumentalities and all devices, real estate, easements, apparatus, property, and routes used, operated, owned, or controlled to facilitate the provision of telecommunications services.

C.

"Metropolitan area network" means the City-wide broadband digital network comprised of telecommunications facilities that are owned by the City that interconnects a number of City owned and non-City owned local area networks.

D.

"Local area network" means a computer network that interconnects computers in a limited area such as a home or a business.

E.

"Point of delivery" is the physical point at which the metropolitan area network ends, and the customer's local area network begins. In the event of any dispute or uncertainty about the location of a point of delivery, the records of the telecommunications service that show the location of the particular point of delivery shall control.

F.

"Right-of-way" shall have the same meaning as 11.14.020 PAMC.

(Ord. 3527 § 1, 12/16/2014; Ord. 3448 § 1, 3/20/2012)

The purposes of this chapter are as follows:

A.

To operate, manage, and maintain telecommunications facilities owned or controlled by the City in the right-of-way up to the point of delivery.

B.

To reduce the costs of providing City services by using high capacity telecommunications facilities to support City services.

C.

To provide the opportunity to extend and improve a high capacity metropolitan area network owned by or under the control of the City, and to use excess capacity thereon to provide access to high capacity Internet and other telecommunications services, to accommodate expanding technologies and demand, to facilitate intergovernmental coordination and services (such as educational and health institutions), and to provide more and faster telecommunications services to residents of the City.

D.

To enhance the growth and continued economic vitality of the City.

E.

To manage and regulate competing demands for the use of the public right-of-way by minimizing the installation of duplicative communications lines and facilities on, over or under the public right-of-way.

F.

To reduce the cost of telecommunications services to City residents.

G.

To effectuate the foregoing purposes, it is the intent of the City to provide for the operation, management and maintenance of the metropolitan area network by contracting with private sector providers, and to operate the telecommunications facilities as an open access facility available to retail providers who will be charged for access thereto, and who will normally have the direct business relationship with the end-use customers, instead of the City filling such role.

(Ord. 3448 § 1, 3/20/2012)

Editor's note— Ord. 3527 § 1, adopted Dec. 16, 2014, deleted § 13.53.020, entitled "Telecommunications utility established", which derived from Ord. 3448 § 1, adopted Mar. 20, 2012.

The telecommunications service shall perform the functions, and have the authority, as set forth in this chapter for managing, regulating, and controlling the City's metropolitan area network. Without limiting the generality of the preceding sentence, the telecommunications service shall have the power and authority:

A.

To operate, manage, and maintain telecommunications facilities owned or controlled by the City in the right-of-way to the point of delivery;

B.

To extend and improve a high capacity metropolitan area network owned by or under the control of the City, and to use excess capacity thereon to provide access to high capacity internet and other telecommunications services to the public;

C.

To contract with private sector providers to provide for the operation, management and maintenance of the City's telecommunications facilities; and

D.

To operate the telecommunications facilities, or cause them to be operated, as an open access facility available to retail providers who will be charged for access thereto, and who will normally have the direct business relationship with the end-use customers.

(Ord. 3527 § 1, 12/16/2014; Ord. 3448 § 1, 3/20/2012)

All telecommunication facilities, equipment, property, and property rights and interests in the right-of-way to the point of delivery, owned or acquired by the City after January 1, 2012, insofar as they relate to or concern telecommunications are hereby transferred to the telecommunications service.

(Ord. 3527 § 1, 12/16/2014; Ord. 3448 § 1, 3/20/2012)

A.

The word "Director", as used in this chapter, shall mean the Director of the City Public Works and Utilities, or his designated agent or employee.

B.

The telecommunications service shall be administered under direction of the Director of Public Works and Utilities. The Director shall have full charge and control of all work provided for and contemplated by this chapter, subject to the ultimate control and authority of the City Manager and the City Council.

C.

The City shall have exclusive right to sell, lease and deliver access on the metropolitan area network owned by or under the control of the City. Rights of access and delivery of services across the telecommunications facilities owned by or under the control of the City arising under the provisions of this chapter shall not be transferred to any person or entity without the express written approval of the City Council.

(Ord. 3527 § 1, 12/16/2014; Ord. 3448 § 1, 3/20/2012)

The provisions of this chapter shall apply only to the delivery of access to and related services across the telecommunications facilities owned by or under the control of the City. Nothing in this chapter shall be construed or deemed to regulate the delivery of telecommunications services over or across lines, facilities or equipment owned by a private telecommunications provider, or which may be located in the public right-of-way pursuant to a franchise, lease, permit, license, or other privilege granted to such private communications provider by the City.

(Ord. 3448 § 1, 3/20/2012)

The City shall have no obligation to serve or provide access on the telecommunications facilities owned by or under the control of the City. The City reserves the right to limit or refuse access to the telecommunications facilities owned by or under the control of the City at its sole discretion, provided such access shall not be limited or denied in a manner that is inconsistent with applicable federal, state or local law or regulations.

(Ord. 3448 § 1, 3/20/2012)

Rates and charges for delivery of access and related services across the telecommunications facilities owned by or under the control of the City shall be billed in accordance with contracts with private sector providers as established from time to time by the City Council.

(Ord. 3448 § 1, 3/20/2012)

A.

The City hereby grants to the telecommunications service established by this chapter authority to use the City's right-of-way to install telecommunication facilities and apparatus necessary to effectuate the purposes of this chapter, and the right to enter onto such public right-of-way to operate and maintain such telecommunications facilities, and to extend, improve and expand the telecommunications facilities owned or controlled by the City.

B.

The City may condition access to the telecommunications facilities owned or controlled by the City upon the dedication or conveyance to the City of an easement for the installation, operation and maintenance of such telecommunications facilities over, across, upon and under property owned or controlled by another. The City may also require such dedication or conveyance to be by warranty deed or it may require execution of an indemnification covenant assuring good and merchantable title thereto. Such easement may be used for the purpose of providing delivery of telecommunications access and related services to the City as well as to others. Such easement shall permit access thereto by City employees and agents at all reasonable hours or at any time in an emergency situation, as determined by the City in its sole discretion.

C.

Any telecommunications facilities attached to any pole owned or controlled by the City shall be subject to all ordinances and regulations pertaining to such pole attachments, including payment of fees.

(Ord. 3527 § 1, 12/16/2014; Ord. 3448 § 1, 3/20/2012)

The City shall not be liable for any loss, injury or damage of any kind, including but not limited to consequential, special and punitive damages, resulting for the interruption, reduction, loss or restoration of access to the telecommunications facilities owned or controlled by the City from any cause, including without limitation any loss by fire, flood, accident, casualty, sabotage, terrorist act, strike, labor slow-down, act of God or the public enemy, or failure or inadequacy of telecommunications access or appurtenant facilities. The City disclaims any express or implied warranty of merchantability or fitness for a particular purpose for access to the telecommunications facilities owned or controlled by the City provided pursuant to this chapter. The delivery of telecommunications access to any person or entity shall not be construed as or deemed to be the delivery of goods under the Washington Uniform Commercial Code. Every person and entity accepting access to the telecommunications facilities owned or controlled by the City agrees to, and shall be deemed to, waive any and all claims for damage or loss to the person's or entity's lines, facilities or communications equipment caused by any act or omission of the City; provided however, that nothing herein shall be deemed or construed as a waiver of any claim for damage or liability arising out of the gross negligence or malicious act of the City or its agents.

(Ord. 3448 § 1, 3/20/2012)

Prior to a planned suspension of access to the telecommunications facilities, the City will make reasonable efforts under the applicable circumstances to provide prior notice of such suspension to any person with access to such telecommunication facilities. However, for purposes of making repairs, upgrades, extensions or changes to the telecommunications facilities owned or controlled by the City, or to avoid damage to property or to persons, the City may without prior notice suspend access to the telecommunications facilities owned or controlled by the City for such periods as the City determines in its sole discretion to be reasonably necessary to make such repairs, upgrades, extensions, or changes, or to avoid damage to property or to persons. The City shall not be liable for damage of any kind, direct or indirect, resulting from any such suspension of access to the telecommunications facilities owned or controlled by the City.

(Ord. 3448 § 1, 3/20/2012)

No person shall connect to, adjust, tamper with or make any alteration or addition to the telecommunications facilities owned or controlled by the City, without having first obtained written permission from the Director, and any person who causes damage to the telecommunications facilities owned or controlled by the City shall be liable to the City for any damage proximately caused by such unauthorized connection, adjustment, tampering, alteration or addition to such telecommunications facilities.

(Ord. 3448 § 1, 3/20/2012)

It shall be unlawful for any person to make any connection to or to install or to construct any facility or equipment with the intent of obtaining access from or make use of the telecommunications facilities or network owned or under the control of the City without paying for such access or without paying the fees and charges applicable thereto.

(Ord. 3448 § 1, 3/20/2012)

It is unlawful for any person to burn, dump, collect, remove or in any other manner dispose of garbage, rubbish, trash, offal, and any other waste upon, over, or within the City otherwise than as provided in this chapter.

(Ord. 3243 § 2, 4/28/2006)

The definitions set forth in PAMC 13.57.020, excluding recyclable materials and yard waste, are hereby adopted by this reference for the purpose of this chapter. In addition, as used in this chapter, the following terms have the following meanings:

A.

"Cardboard recycling container" means a receptacle furnished by the recycling contractor for the collection of old corrugated cardboard at commercial buildings.

B.

"City business" means any business whose principal place of business is within the City limits of Port Angeles.

C.

"City resident" means any person residing within the City limits of Port Angeles.

D.

"Collect" and "collection" mean the curbside pickup of a refuse container, a recycling container, yard waste container, or cardboard recycling container by a contractor or by the City.

E.

"Commercial building" means a building or group of buildings designed, intended for, or used for any purpose other than:

(1)

Single dwellings;

(2)

Multiple dwellings; and

(3)

Industrial facilities.

Any building or group of buildings where combined residence and business is practiced, where such business is advertised by a sign of any type on the premises or is listed in the telephone directory as a business, shall be classified as commercial, unless specifically exempted by the Director or his designee, based on the services rendered.

F.

"Contractor" means any person contracting with the City or having a license, franchise, or permit issued by the City to collect and dispose of wastes in the City, or his authorized agent.

G.

"Dangerous waste" means any discarded, useless, unwanted, or abandoned nonradioactive substances, including, but not limited to, pesticides or any residues or containers of such substances, that are disposed of in such quantity or concentration as to pose a substantial present or potential hazard to human health, wildlife, or the environment because such wastes or constituents or combinations of such wastes:

1.

Have toxic properties that may cause death, injury or illness or have mutagenic, teratogenic or carcinogenic properties; or

2.

Are corrosive, explosive, flammable, or may generate pressure through decomposition or other means.

H.

"Director" means the Director of Public Works and Utilities for the City of Port Angeles.

I.

"Garbage" means all animal or vegetable wastes resulting from handling, preparation, cooking and consumption of food.

J.

"Industrial" and "industrial facilities" mean all of the businesses under the title "Manufacturing" in the official 2007 US NAICS Manual North American Industry Classification System-United States, as published by the United States Department of Commerce.

K.

"Landfill" means the sanitary landfill disposal area administered and regulated by the City under Chapter 13.56 PAMC.

L.

"Multiple dwelling" means a building or group of buildings designed as, or intended for, or used as two or more dwellings, such as apartments, rooming houses, multiple houses or courts and tenant houses; provided such building or group of buildings are under common ownership and have a common refuse disposal site; and provided further, that such group of buildings by nature of construction or reference infer multiplex dwelling, except tourist courts, motels, hotels and trailer courts, or any other establishment catering to transient residents; and provided that, for the purpose of this chapter, three rooms shall be equal to one apartment and any number of rooms shall be billed to the nearest multiple of three.

M.

"Offal" means waste animal matter from butcher, slaughterer or packing houses.

N.

"Old corrugated cardboard" or "O.C.C." shall have the same meaning as corrugated cardboard within the service agreement as modified or amended and shall be further defined as two strips of flat cardboard on the top and bottom, and a corrugated or fluted strip running through the center, commonly found in boxes used for packaging and shipping. Waxed boxes and gray cardboard (such as cereal boxes, shoeboxes and paper tubes) are not old, corrugated cardboard.

O.

"Overloaded container" means a refuse container that weighs more than the lifting capacity of the City's mechanized refuse collection system or a refuse container with a lid that does not completely close due to the amount of refuse placed within the container.

P.

"Person" means every person, firm, partnership, association, institution and corporation. The terms also mean the occupant or owner of the premises for which service is rendered pursuant to this chapter.

Q.

"Recycling container" means a receptacle, which is of the type approved by the City and furnished by the recycling contractor for the collection of recyclable materials.

R.

"Recyclable materials" shall have the same meaning as recyclable materials for curbside collection in accordance with the service agreement as modified or amended.

S.

"Refuse" means garbage, rubbish, trash, and offal, as defined herein, placed and stored together in a refuse container.

T.

"Refuse container" means a receptacle furnished by the City for use with its mechanical refuse collection system.

U.

"Residence" means a single dwelling unit that has been issued a certificate of occupancy.

V.

"Restricted refuse container" means a 300-gallon refuse container that the Director: requires to be shared due to lack of adequate space to store multiple 90-gallon refuse containers; requires due to operational limitations of the area to which service is provided; or does not allow to be completely filled due to the volume and/or weight of the waste.

W.

"Rubbish" means all cardboard, plastic, metal, glass, food containers, wastepaper, rags, sweepings, small pieces of wood, rubber, leather and similar waste materials that ordinarily accumulate around a home, business or industry. Rubbish does not include bulk waste, lawn cuttings, tree and hedge trimmings, dangerous wastes, hazardous materials, industrial waste or building waste resulting from construction or alterations.

X.

"Single dwelling" means a building designed as, or intended for, or used as, a residence for a single-family or a group of persons other than a single-family, using such building as a single housekeeping unit.

Y.

"Trash" means all waste matter not subject to decay or putrefaction, which, for the purpose of this chapter, includes ashes.

Z.

"Waste" and "wastes" means all discarded materials and/or substances.

AA.

"Yard waste" shall have the same meaning as yard waste or yard debris for curbside collection in accordance with the service agreement as modified or amended.

BB.

"Yard waste container" means a receptacle furnished by the contractor for the collection of yard waste.

CC.

"Co-mingled recycling" means that cardboard can be included in with other "recyclable materials."

(Ord. 3689 § 1, 3/15/2022; Ord. 3302, 1/1/2008; Ord. 3243 § 2, 4/28/2006)

Each: (1) single dwelling, (2) multiple dwelling, and (3) commercial building within the City shall be provided with refuse collection service by the City. Each single dwelling, multiple dwelling and commercial building within the City shall pay for the collection of refuse at the rates provided in this chapter. If City water service is provided, collection service shall also be provided. If City water service is terminated, collection service may also be terminated. The recycling service, yard waste service, and cardboard recycling service are not compulsory services. When approved by the Director, commercial buildings may obtain private collection services or self-haul their wastes if their waste volume and/or weight exceeds the capacity of the City's mechanized refuse collection system.

(Ord. 3302, 1/1/2008; Ord. 3243 § 2, 4/28/2006)

A.

Collection service shall not be provided by the City for refuse placed outside of a refuse container or for overloaded containers.

B.

A utility service fee will be charged when a vehicle must return to collect a refuse container where: the person has not placed the container in the appropriate place of collection; the person has not set out the container in accordance with the scheduled date and time; the person set out an overloaded container; or where the container was blocked by a parked vehicle; provided, no fee will be assessed until the responsible person is notified that a fee will be charged in such instances.

C.

It is unlawful for any person in possession, charge or control of any premises in the City, knowing that refuse has been deposited on the premises by the elements, animals, or other causes, to fail to clean up such refuse so deposited in a period of 24 hours. If the refuse is not cleaned up within 24 hours, the City may clean up the refuse and assess the person for the costs of cleanup and administration.

D.

It is unlawful for any person to deposit garbage, trash, rubbish, offal, recyclable materials, yard waste, or any other waste, in any refuse container other than the refuse container assigned to that person by the City. No containers are allowed to be shared except as approved by the Director.

(Ord. 3719 § 1, 9/5/2023; Ord. 3243 § 2, 4/28/2006)

The rates, charges, and schedules for solid waste collection, recycling, and yard waste services are set forth in a resolution authorized by Chapter 1.25 PAMC, see Appendix B.

(Ord. 3719 § 1, 9/5/2023; Ord. 3489 § 3, 11/5/2013; Ord. 3345, 1/1/2009; Ord. 3243 § 2, 4/28/2006)

The Director of Public Works and Utilities, or his designee, shall assign each customer to a solid waste rate class that most appropriately reflects the service provided to that customer.

(Ord. 3489 § 3, 11/5/2013; Ord. 3345, 1/1/2009)

Editor's note— Ord. 3719 § 1, adopted Sept. 5, 2023, repealed §§ 13.54.050—13.54.070, which pertained to various residential schedules of refuse and yard waste collection. For full derivative history of repealed sections, see the Code Comparative Table.

Upon request a 90-gallon or 300-gallon temporary refuse container will be provided and the utility service fee to deliver each container shall be in accordance with PAMC 3.70.010.B.4. The utility service fee for each collection of a 90-gallon refuse container shall be $8.00. The utility service fee for each collection of a 300-gallon refuse container shall be $23.25. Requests to deliver, remove and collect a temporary refuse container shall be made at least 24 hours in advance.

(Ord. 3601 § 3, 12/19/2017; Ord. 3489 § 3, 11/5/2013; Ord. 3464 § 2, 10/16/2012, eff. 1/7/2013; Ord. 3302, 1/1/2008; Ord. 3243 § 2, 4/28/2006)

A.

The commercial service classification rate per month for one collection of a 90-gallon refuse container per week and semi-weekly collection of a cardboard recycling container shall be the rate shown in the following table. The rate per month for each additional refuse container and for each additional weekly collection of a refuse container shall be the rate shown in the following table:

The municipal service classification rate per month for one collection of a 90-gallon refuse container per week and semi-weekly collection of a cardboard recycling container shall be the rate shown in the following table. The rate per month for each additional refuse container and for each additional weekly collection of a refuse container shall be the rate shown in the following table:

The rate for the Federal government, its agencies and instrumentalities shall be the rate shown in the following table:

B.

Under no circumstances shall the rate for any commercial building be less than the rate specified in this section.

(Ord. 3633 § 1, 10/15/2019; Ord. 3610 § 3, 11/6/2018; Ord. 3601 § 3, 12/19/2017; Ord. 3587 § 1, 8/15/2017; Ord. 3507 § 1, 6/3/2014; Ord. 3489 § 3, 11/5/2013; Ord. 3464 § 2, 10/16/2012, eff. 1/7/2013; Ord. 3302, 1/1/2008; Ord. 3243 § 2, 4/28/2006)

Editor's note— Ord. 3719 § 1, adopted Sept. 5, 2023, repealed §§ 13.54.095—13.54.110, which pertained to various industrial and commercial schedules of refuse and recycling services. For full derivative history of repealed sections, see the Code Comparative Table.

A.

The rate per month per 96-gallon yard waste container for one collection of yard waste every other week during the months of March through November and once per month during the months of December through February shall be the rates shown in the following table. The rate per month for each additional yard waste container shall be as shown in the following table:

B.

A utility service fee in accordance with PAMC 3.70.010.B.4 shall be charged each time the same customer at the same service location requests the yard waste service where the yard waste service has been terminated. A utility service fee in accordance with PAMC 3.70.010.B.4 shall be charged for each additional yard waste container if the additional container is discontinued by the same customer at the same service location within a period of 120 days.

C.

A utility service fee shall not be charged to resume yard waste service if the same person at the same service location voluntarily terminates water, wastewater, garbage collection, and yard waste services providing that electric service is maintained.

(Ord. 3689 § 1, 3/15/2022)

Editor's note— Ord. 3719 § 1, adopted Sept. 5, 2023, repealed §§ 13.54.120 and 13.54.125, which pertained to commercial schedules of service for refuse and temporary industrial refuse services, which derived from: Ord. 3689 § 1, adopted Mar. 15, 2022; Ord. 3601 § 3, adopted Dec. 19, 2017; Ord. 3489 § 3, adopted Nov. 5, 2013; Ord. 3464 § 2, adopted Oct. 16, 2012; Ord. 3302, adopted Jan. 1, 2008; and Ord. 3243 § 2, adopted Apr. 28, 2006.

There will be a lien against the property for the delinquent charges for garbage, recycling and yard waste collection services, subject to foreclosure as provided in RCW 35.21.140 and 35.21.150, by filing with the County Auditor a notice of the City's lien, specifying the charges, the period covered by the charges, and giving the legal description of the premises sought to be charged.

(Ord. 3719 § 1, 9/5/2023; Ord. 3243 § 2, 4/28/2006)

A.

It shall be the duty of every person in possession, charge or control of any single dwelling, multiple dwelling, or commercial building where waste is created or accumulated, at all times to use City-owned refuse containers, or other containers as approved by the Director, in accordance with this chapter and to deposit or cause to be deposited refuse therein. Single dwellings and multiple dwellings furnished roll-out refuse containers shall be responsible for maintaining their assigned refuse container in a clean condition.

B.

In the event a person has been advised of an overloaded container at least twice, the Director may require additional refuse containers and/or more frequent collections.

C.

No refuse, yard waste, recycling, or cardboard recycling containers shall be kept or stored within the confines of any street or public alley in the City, except as otherwise provided in this chapter. In blocks in which there are alleys and stationary containers are provided, the containers shall be kept on private property in a convenient and accessible location adjacent to such alley; provided that stationary refuse containers may be located in City alley rights-of-way if the Director determines that such placement is safe and practical. In blocks where there are no alleys, roll-out containers shall be kept on private property until the day of collection; provided that such roll-out containers shall be placed so that the lid opens toward the collection vehicle when it is dumped and in a readily accessible location to the traveled roadway of the street near the curb so that the automated collection vehicle can reach them on the appropriate day and time; and provided further that such roll-out containers shall be removed from the curb or alley within 24 hours after their collection.

For multiple dwellings and commercial buildings, the stationary refuse and cardboard recycling container shall be placed in a readily accessible location on private property, as approved by the Director for collection using the mechanized vehicle.

Mobile home parks shall provide central storage areas throughout the mobile home parks for the location of refuse containers; provided that no individual mobile home owner shall be required to walk more than 150 feet in any direction from his mobile home to deposit or pick up his waste in the refuse containers.

D.

Suitable containers, such as compactor units and drop boxes, may, with permission from the Director, be used by private collectors to serve commercial buildings which dispose of refuse in such quantity that containers, as defined in this chapter, would be impractical or inefficient.

E.

Prohibited materials.

1.

No rocks, concrete, or dirt may be placed in a refuse, yard waste, recycling or cardboard recycling container.

2.

No manure or human excrement may be placed in a refuse, yard waste, recycling or cardboard recycling container.

3.

No yard waste, dangerous waste, or unacceptable waste may be placed in a refuse container. Refuse containers with yard waste, dangerous waste, or unacceptable waste shall not be collected.

F.

Container damage and replacement. If any refuse container is damaged through abuse by a person, or is stolen due to negligence by a person, the person shall replace the same or pay for its repair.

G.

All garbage shall be drained of liquids and placed in a paper or plastic bag and tied closed before being deposited in a refuse container. All animal waste, ashes, and cat box filler shall be placed in a paper or plastic bag and tied closed before being deposited in a refuse container. The City may refuse to collect a refuse container with animal waste, ashes, cat box filler, and undrained garbage, which is not in a bag and tied closed.

H.

The owner or person in charge of the place where refuse containers are located shall maintain the place in a clean and sanitary condition, except where such condition is caused by someone or something for which the owner or person in charge is not legally responsible.

(Ord. 3243 § 2, 4/28/2006)

A.

The Port Angeles School District, and other commercial buildings not otherwise receiving recycling service and when approved by the Director, may participate in the commercial recycling service for their facilities located within the City limits of Port Angeles.

B.

Persons participating in the residential recycling service shall deposit all recyclable materials into contractor-provided recycling containers in lieu of depositing recyclable materials into City-provided refuse containers. Green, brown and clear recyclable glass bottles and jars shall not be deposited into a recycling container and may be deposited into a recycling drop-off facility as provided for in Chapter 13.57 PAMC. Persons participating in the commercial cardboard recycling service shall deposit all old, corrugated cardboard into contractor-provided cardboard recycling containers in lieu of depositing old, corrugated cardboard into City-provided refuse containers.

C.

Recycling containers shall be placed at the location and time designated by the City for collection and shall be removed from that location within 24 hours after their collection.

D.

All recyclable materials deposited into a contractor-provided recycling container or cardboard recycling container are the property of the contractor. No unauthorized person shall scavenge, separate, collect, carry off, or dispose of, such materials unless authorized to do so by written permit of the Director. Beginning July 1, 2006, recyclable materials placed outside the recycling container shall not be collected.

E.

Yard waste containers shall be placed at the location and time designated by the City for collection and shall be removed from that location within 24 hours after their collection. The yard waste service excludes the collection of food waste, metals, plastics, and synthetic fibers, construction and demolition debris, stumps, rocks, concrete, sod, dirt, and any wood, trees or tree limbs over four inches in diameter and/or exceeding four feet in length. Plastic bags shall not be used or deposited into yard waste containers. Beginning July 1, 2006, excluding trees from the December holidays placed outside the yard waste container during the month of January, yard waste placed outside the yard waste container shall not be collected.

F.

A person that has been advised by the City on two or more occasions of the presence of wastes within a recycling container that are not recyclable materials will have the curbside recycling service terminated and the contractor may retrieve the recycling container.

G.

A person that has been advised by the City on two or more occasions of the presence of wastes within a yard waste container that are not yard waste will have the yard waste service terminated and the contractor may retrieve the yard waste container.

H.

A person will have the curbside recycling service terminated and the contractor may retrieve the recycling container after the Director has notified a person by regular mail that they have not set out a recycling container for two or more consecutive months during a six month period, and a recycling container is not set out by a person for pick up for two or more consecutive months during the subsequent six-month period.

I.

A person that has been advised by the City on two or more occasions of the presence of wastes within a cardboard recycling container that are not old, corrugated cardboard will have the curbside cardboard recycling service terminated and the contractor may retrieve the cardboard recycling container.

(Ord. 3719 § 1, 9/5/2023; Ord. 3489 § 3, 11/5/2013; Ord. 3302, 1/1/2008; Ord. 3243 § 2, 4/28/2006)

The Director is authorized to negotiate, approve, and enter into contracts and agreements, on such terms and conditions that are in the best interest of the solid waste utility, with responsible third party entities who agree take from the City recyclable materials and legally and environmentally dispose of them.

(Ord. 3727 § 1, 1/23/2024)

Any dangerous waste or unacceptable waste described in the waste acceptance policy for the solid waste processing facility shall be unacceptable for refuse collection.

(Ord. 3243 § 2, 4/28/2006)

A.

Private collectors offering service to commercial buildings within the City must possess a G-permit from the Washington Utilities and Transportation Commission and be authorized to collect and transport acceptable waste in Clallam County or within the City of Port Angeles.

B.

All private vehicles used for the collection or disposal of waste, for hire in the City, shall have enclosed bodies, or suitable provisions for covering the bodies. The use of a tarpaulin or canvas cover to enclose open bodies of collection vehicles may be permitted upon approval of the Director.

C.

Vehicles used for the collection or disposal of garbage or any other wastes shall have watertight metal bodies of easily cleanable construction.

(Ord. 3243 § 2, 4/28/2006)

If elderly, handicapped, and/or disabled residents have difficulty disposing of their refuse, recyclable materials, or yard waste, or access to containers by collection vehicle is not possible, and there are no other available alternative for complying with the requirements of this chapter, they may notify the solid waste utility, which may arrange to assist in providing special collection service to such individuals at no extra cost. Such assistance may include the use of special containers as approved by the Director.

(Ord. 3243 § 2, 4/28/2006)

A.

Any person subject to this chapter who deposits dangerous waste or unacceptable waste into a refuse container, recycling container, yard waste container, or cardboard recycling container shall be guilty of a misdemeanor. Each day that a violation continues constitutes a separate offense.

B.

Any person subject to this chapter who fails or refuses to comply with the waste acceptance policy, knowingly deposits waste that is not a recyclable material into a recycling container, or knowingly deposits waste that is not a yard waste into a yard waste container, shall be guilty of a misdemeanor.

C.

Any person who unlawfully deposits garbage, trash, rubbish, offal, recyclable materials, yard waste, or any other waste, in any refuse container other than the refuse container assigned to that person by the City shall be guilty of a misdemeanor.

(Ord. 3243 § 2, 4/28/2006)

A.

"Comprehensive solid waste management plan" or "CSWMP" means the most recently updated or amended comprehensive solid waste management plan adopted to satisfy the requirements of RCW 70.95.080.

B.

"Deconstruction" means the demolition of any structure where 50 percent or more of the demolition debris, by weight, is source separated recyclable materials.

C.

"Recyclable material" means those solid wastes that are separated for recycling or reuse, such as papers, metals, and glass, that are identified as recyclable material pursuant to the CSWMP.

D.

"Regional disposal sites" means the locations within the City of Port Angeles as identified in the CSWMP where any final treatment, utilization, processing, or deposit of solid waste occurs.

E.

"Solid waste" means all putrescible and nonputrescible solid and semisolid wastes including, but not limited to, garbage, rubbish, ashes (household and residential), swill, sewage sludge, demolition and construction wastes, abandoned vehicles or parts thereof, and recyclable materials.

F.

"Source separated" means the separation of different kinds of solid waste at the place where the waste originates.

(Ord. 3495 § 1, 2/4/2014)

All solid waste, including construction and demolition debris, generated inside corporate limits of the City of Port Angeles, shall be delivered to the regional disposal sites as identified in the CSWMP.

(Ord. 3495 § 1, 2/4/2014)

A.

Recyclable materials.

B.

Special waste types expressly identified in the County's comprehensive solid waste management plan, for disposal at facilities other than the County's permitted regional disposal sites.

C.

Types of waste where no permitted regional disposal site exists, the solid waste may be disposed of at a properly permitted disposal facility outside of the County.

D.

Waste generated from Federal or Tribal lands.

E.

For purposes of this chapter, "solid waste" excludes hazardous waste subject to RCW 70.105.

(Ord. 3495 § 1, 2/4/2014)

Source separated recyclable materials from deconstruction may be transported to any facility within or outside the City of Port Angeles legally authorized to accept such materials, so long as containers of recyclable material transported to locations outside of the City of Port Angeles contain no more than 15 percent, by weight, of non-recyclable solid waste. All other solid waste from deconstruction must be delivered to designated regional disposal site, pursuant to section 13.55.020 above.

(Ord. 3495 § 1, 2/4/2014)

The penalty for failure to deliver solid waste to a regional disposal site as required by this ordinance shall be equal to the solid waste disposal fee (tipping fee) for the regional site times the estimated number of tons of solid waste delivered elsewhere instead of at a regional disposal site.

(Ord. 3495 § 1, 2/4/2014)

The definitions set forth in PAMC 13.54.020, excluding recyclable materials and yard waste, are hereby adopted by this reference for the purpose of this chapter. In addition, as used in this chapter, the following terms have the following meanings:

A.

"Acceptable household hazardous waste" shall have the same meaning as acceptable household hazardous waste within the service agreement as modified or amended.

B.

"Acceptable moderate-risk waste" shall have the same meaning as acceptable moderate-risk waste within the service agreement as modified or amended.

C.

"Acceptable special waste" shall have the same meaning as acceptable special waste within the service agreement as modified or amended.

D.

"Acceptable waste" shall have the same meaning as acceptable waste within the service agreement as modified or amended.

E.

"Co-composting facility" shall have the same meaning as co-composting facility within the service agreement as modified or amended.

F.

"Collection entity" means any party to the interlocal agreement or the party's duly authorized agent for the purpose of collection and transport of acceptable waste within the respective party's jurisdiction. All other persons shall be considered a self-hauler.

G.

"Environmental fee" means a charge for a special inspection and recovery of fluids and gases from acceptable special wastes in accordance with the waste acceptance policy.

H.

"Interlocal agreement" means the agreement between the City of Port Angeles, Clallam County and other parties for a Regional Solid Waste Export and Transfer System dated July 27, 2004 and as amended.

I.

"Municipal solid waste" shall have the same meaning as municipal solid waste within the service agreement as modified or amended.

J.

"Recycling drop-off facility" means a container located at the transfer station and Blue-Mountain drop-box facility for depositing recyclable materials and green, brown and clear recyclable glass bottles and jars. Up to three additional recycling drop-off facilities are provided at various locations within the City for depositing only green, brown and clear recyclable glass.

K.

"Recyclable materials" shall have the same meaning as recyclable materials for the transfer station and Blue Mountain recycling drop-off facilities in accordance within the service agreement, excluding acceptable household hazardous waste, acceptable moderate-risk waste, and white goods, as modified or amended.

L.

"Self-hauler" means any person hauling refuse from, or as a result of, any residence, business, commercial or industrial enterprise, regardless of where said enterprise is located in Clallam County.

M.

"Service agreement" means the solid waste processing facility development and management services agreement between the City of Port Angeles and Waste Connections of Washington, Inc., dated April 15, 2005 and as modified or amended.

N.

"Solid waste processing facility" means the Port Angeles transfer station, Blue Mountain drop-box facility, recycling drop-off facilities, Port Angeles co-composting facility, Port Angeles moderate-risk waste facility, and the Port Angeles landfill, all of which form the City's solid waste processing facility.

O.

"Transfer station" means the solid waste processing facility described in the service agreement.

P.

"Unacceptable waste" shall have the same meaning as unacceptable waste within the service agreement as modified or amended.

Q.

"Unsecured load" means waste that is not contained or restrained, such that the material can fall, slip or otherwise escape from the vehicle in which it is transported, and thereby be deposited onto a roadway or property adjacent to the roadway.

R.

"Waste acceptance policy" means the waste acceptance policy for the applicable solid waste processing facility as amended.

S.

"Yard waste" received at the transfer station shall have the same meaning as yard waste or yard debris in accordance within the service agreement, as modified or amended.

(Ord. 3273, 2/16/2007; Ord. 3243 § 4, 4/28/2006)

A.

The solid waste processing facility rates are set forth in a resolution authorized by Chapter 1.25 PAMC, for rates see Appendix B, subject to the following conditions:

1.

Collection entities.

a.

The City will pay the collection entity charges for municipal solid waste received at the transfer station from the contractor for the Blue Mountain drop box operation under the service agreement. The City will pay the collection entity charges for yard waste received at the transfer station from the contractor for curbside collection of yard waste under the service agreement.

b.

Collection entities that do not provide the City an exemption certificate in accordance with WAC 458-20-250(7) are deemed self-haulers for purposes of determining rates.

2.

The self-hauler rate may be waived or reduced by up to 50 percent subject to the following requirements:

a.

The person requesting a waiver or reduction must submit a written application to the Director at least 30 days before disposal of refuse at the transfer station. The Director will accept or deny the application before refuse is disposed at the transfer station.

b.

A waiver may be available for disposal of refuse which is collected as part of a beautification or cleanup program, such as the annual Transfer Station Benefit Dump Day, Clallam County Chain Gang, and Washington State Department of Transportation Adopt a Highway Program, which must dispose of litter.

c.

A reduction may be available for disposal of refuse, which is collected as part of the annual City of Sequim Benefit Dump Day.

d.

A reduction may be available to charitable, nonprofit organizations, such as the Salvation Army, St. Vincent DePaul, and Serenity House, the primary purpose of which is provide necessary support for the poor or infirm and which must dispose of unusable donated items. Pursuant to Chapter 35.83 RCW, a reduction may be applied to the Housing Authority of Clallam County for self-haul of materials left by tenants who vacate housing authority premises and for disposal of demolition debris.

e.

All waivers or reductions approved by the Director shall be valid for 30 days and shall be limited to projects that further the public health, safety, or welfare, enhances the environment, or is otherwise in the public interest for parties of the interlocal agreement.

f.

Applications approved by the Director must be presented to the scale house attendant at the time of disposal.

B.

The City may enter into contracts with rates other than as set forth in a resolution authorized by Chapter 1.25 PAMC, provided that such rates cover the cost of providing the service and the contract provides a benefit to the City not otherwise obtained.

C.

The Director is authorized to:

1.

Establish a different sales price for Class A compost in response to operating conditions; provided that such price recovers the compost cost; the price provides a benefit to the City not otherwise obtained; the City Manager, Mayor and Council members of the Utility Advisory Committee are notified; and that the alternate price expires 90 days after adoption by the Director, unless formally ratified by the City Council, in which event the price shall remain in effect to the end of the calendar year.

2.

Enter into payment plans and voluntary lien agreements with property owners participating in: (1) a local government voluntary compliance agreement; or (2) a voluntary property clean up, in lieu of nuisance abatement, assisted by a nonprofit organization, such as the Clallam County Hoarding Task Force.

(Ord. 3719 § 1, 9/5/2023; 3634 § 1, 10/15/2019; Ord. Ord. 3590 § 1, 10/17/2017; Ord. 3586 § 1, 8/1/2017; Ord. 3519 § 1, 11/18/2014; Ord. 3507 § 2, 6/3/2014; Ord. 3489 § 4, 11/5/2013; Ord. 3464 § 3, 10/16/2012, eff. 1/7/2013; Ord. 3438 § 3, 10/18/2011; Ord. 3414 § 2, 1/3/2011; Ord. 3380 § 4, 1/4/2010; Ord. 3346, 1/5/2009; Ord. 3322, 3/28/2008; Ord. 3300, 1/1/2008; Ord. 3282, 6/15/2007; Ord. 3277, 4/13/2007; Ord. 3273, 2/16/2007; Ord. 3243 § 4, 4/28/2006)

A.

All collection entities and self-haulers shall comply with the waste acceptance policy. Only acceptable waste shall be deposited at a solid waste processing facility. Collection entities and self-haulers shall not deposit dangerous waste or unacceptable waste at any solid waste processing facility. Waste originating outside Clallam County shall be unacceptable for disposal, except with the prior written consent of the Director.

B.

Recycling drop-off facilities shall clearly identify and instruct self-haulers about the types of recyclable material that may be deposited. Self-haulers shall only deposit recyclable materials that are allowed to be deposited into a recycling drop-off facility.

C.

The Director may issue transfer station scale house reader cards, and collection entities and self-haulers must use reader cards in accordance with the waste acceptance policy. The City will determine collection entity vehicle tare weight. Collection entities must use the reader card only for the vehicle for which it was issued and must use the outer-inbound scale unless otherwise specified by the Director. Self-haulers must always use the reader card at the inner-inbound and inner-outbound scales, unless otherwise specified by the Director. In the event a reader card is lost or misplaced by a collection entity or self-hauler, the person responsible for reader card is required to pay for all transactions at the transfer station scale house until the Director is notified in writing and a replacement card is obtained.

D.

It is unlawful for any person to enter any solid waste processing facility disposal area except when an attendant is present during the designated hours of operation. Self-haulers must place refuse where directed by the attendant.

E.

It is unlawful for any unauthorized person to set fire to, or burn, any waste at any solid waste processing facility unless granted permission by the Director to do so.

F.

No unauthorized person shall scavenge, separate, collect, carry off, or dispose of, any waste material unless authorized to do so by written permit of the Director.

G.

Any person failing to abide by the disposal regulations, or creating a public disturbance in accordance with Chapter 9.24 PAMC, shall be subject to removal from the solid waste processing facility.

(Ord. 3719 § 1, 9/5/2023; Ord. 3380 § 4, 1/4/2010; Ord. 3243 § 4, 4/28/2006)

A.

Any person subject to this chapter who delivers dangerous waste or unacceptable waste in violation of the waste acceptance policy to a solid waste processing facility shall be guilty of a misdemeanor, and, upon conviction thereof, shall be punished by a fine not less than $500.00 per violation. Each day that a violation continues constitutes a separate offense.

B.

Any person that delivers dangerous waste or unacceptable waste to a solid waste processing facility shall be liable to the City for any additional cost for removal, cleaning, and disposal of unacceptable waste by the contractor.

C.

Any person subject to this chapter who fails or refuses to comply with the waste acceptance policy, knowingly deposits recyclable materials into the wrong recycling drop-off facility, knowingly deposits waste that is not a recyclable material into a recycling drop-off facility, or knowingly deposits waste that is not yard waste at the co-composting facility, shall be guilty of a misdemeanor, and, upon conviction thereof, shall be punished by a fine not less than $250.00 per violation.

D.

Any person who knowingly evades a scale house transaction, or makes any false statement or representation in any scale house transaction, waste manifest or other matter pursuant to this chapter, shall (in addition to civil and/or criminal penalties provided by law) be guilty of a misdemeanor and shall be prosecuted and punished accordingly.

(Ord. 3243 § 4, 4/28/2006)

This chapter shall be known and may be cited as the "Sewer Service Chapter of the City of Port Angeles."

(Ord. 2394 Ch. I § 1, 6/2/1986)

Unless the context specifically indicates otherwise, the meaning of terms used in this chapter shall be as follows:

A.

"BOD" means biological oxygen demand, which is the quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory procedure in five days at 20 degrees centigrade, expressed in parts per million by weight.

B.

"Building drain" means that part of the lowest horizontal piping of a drainage system which receives the discharge from soil, waste and other drainage pipes inside the walls of the building and conveys it to the building sewer.

C.

"Building sewer" or "side sewer" means the extension from the building drain beginning two feet from the foundation wall of the building or structure, extending to the public sewer, and including the connection to the public sewer.

D.

"City" means the City of Port Angeles.

E.

"Combined sewer" means a sewer receiving both surface runoff and sewage.

F.

"Commercial unit" means any establishment or place of business not a single family or duplex residential unit or an industrial unit. Any structure containing three or more residential units shall be considered a commercial unit.

G.

"Connection charges" means the charges imposed by the City for connecting any building sewer to the public sewer and any inspection charges.

H.

"Department" means the Public Works and Utilities Department of the City of Port Angeles.

I.

"Director" means the Director of Public Works and Utilities of the City of Port Angeles or his authorized deputy, agent, or representative.

J.

"Garbage" means solid wastes from the domestic and commercial preparation, cooking, and dispensing of food, and from the handling, storage and sale of produce.

K.

"Health Officer" means the duly appointed Health Officer of Clallam County.

L.

"Industrial wastes" means the liquid wastes from any non-residential user of publicly owned treatment works.

M.

"Natural outlet" means any outlet into a watercourse, pond, ditch, lake or other body of surface or ground water.

N.

"Person" means any individual, firm, company, association, society, corporation, or group.

O.

"pH" means the logarithm of the reciprocal of the weight of hydrogen ions in grams per liter of solution.

P.

"Properly shredded garbage" means the wastes from the preparation, cooking, and dispensing of food that have been shredded to such a degree that all particles will be carried freely under the flow conditions normally prevailing in public sewers, with no particle greater than one-half inch (1.27 centimeters) in any dimension.

Q.

"Public sewer" means any portion of the sewers of the City, which is owned and accepted for maintenance by the City and which collects and transmits sewage from more than one separate building connection to the sewage treatment plant, including lateral sewers, trunk sewers, and force mains, and excluding sewer connections from buildings thereto.

R.

"Residential unit" means any structure, including a mobile home and modular unit, which is designed for single family or duplex occupancy and has one or more sinks and/or showers, and/or bathing facilities, and/or laundry facilities, and/or toilets, and shall not include garages, or sheds not having any of the above appurtenances.

S.

"Sanitary sewer" means a sewer which carries sewage and to which storm, surface and groundwaters are not intentionally admitted.

T.

"Sewage" Water-carried human wastes or a combination of water-carried wastes from residences, business buildings, institutions and industrial establishments, together with such ground, surface, storm or other waters as may be present.

U.

"Sewage treatment plant" means any arrangement of devices and structures used by the City for treating and disposing of sewage.

V.

"Sewage works" means all facilities for collecting, pumping, treating and disposing of sewage.

W.

"Sewer" Any pipe, conduit, ditch or other device used to collect and transport sewage or storm water from the generating source.

X.

"Sewer connection permit" means the permit issued by the City to allow the connection of any building sewer to the public sewer.

Y.

"Sewer service area" means that area consisting of the corporate limits of the City of Port Angeles and those areas that have been or may be designated for sewer service by the City Council.

Z.

"Sewer service rates" means the monthly or annual charges imposed by the City for the use of the public sewers of the City.

AA.

"Shall" is mandatory; "May" is permissive.

BB.

"Slug load" or "slug discharge" means any substance released in a discharge at a rate and/or concentration which causes interference to a POTW.

CC.

"Storm drain" or "storm sewer" means a pipe which carries storm and surface waters and drainage, but excludes sewage and industrial wastes, other than unpolluted cooling water.

DD.

"Suspended solids" means solids that either float on the surface of, or are in suspension in water, sewage or other liquids, and which are removable by laboratory filtering.

EE.

"Watercourse" means a channel in which a flow of water occurs, either continuously or intermittently.

(Ord. 2394 Ch. I § 2, 6/2/1986)

The purpose of this chapter is to establish general rules and regulations for the service and extension of service from, the sewer system of the City of Port Angeles, and to promote the public health, safety, and general welfare of the users of the sewer system, in accordance with standards established by the City, County, State and Federal governments.

(Ord. 3719 § 1, 9/5/2023; Ord. 3367 § 1, 8/15/2009; Ord. 2394 Ch. II § 1, 6/2/1986)

The provisions of this chapter shall apply to all sewer services provided, and to all work performed, by the department.

(Ord. 2394 Ch. II § 2, 6/2/1986)

A.

Authorized employees of the City, properly identified, shall have access, at reasonable hours of the day, to all parts of a premises or building to which sewer and water service is supplied by the City for the purpose of assuring conformity to these regulations.

B.

Whenever the owner of any premises supplied by the department restrains authorized City employees from making such necessary inspections, sewer and water service may be refused or discontinued.

(Ord. 2394 Ch. II § 3, 6/2/1986)

A.

Any person causing damage to any property belonging to the department shall be liable to the department for any and all damages resulting either directly or indirectly therefrom.

B.

It shall be unlawful for any person to willfully disturb, break, deface, damage or trespass upon any property belonging to or connected with the sewer system of the City of Port Angeles, in any manner whatsoever.

C.

It shall be unlawful for any person to place, deposit, or permit to be deposited in any unsanitary manner on public or private property within the City of Port Angeles, or in any area under the jurisdiction of said City, any human or animal excrement, garbage or other unsanitary waste.

D.

It shall be unlawful to discharge to any natural outlet within the City of Port Angeles, or in any area under the jurisdiction of said City, any sewage or other polluted matter, except where suitable treatment has been provided in accordance with Chapter 13.06 PAMC.

(Ord. 3367 § 1, 8/15/2009; Ord. 2394 Ch. II § 4, 6/2/1986)

The City may discontinue or refuse sewer service by reason of a failure to pay a bill for service or the failure to comply with the terms of this chapter, in accordance with the procedures established by State law, this chapter, and other City ordinances.

(Ord. 2394 Ch. II § 5, 6/2/1986)

A.

The Director and the Finance Director may make such administrative determinations for the proper operation of this chapter as are not inconsistent with its provisions.

B.

The Director shall promulgate and enforce such customer service policies and related additional rules, as may be deemed necessary from time to time to encourage and facilitate the proper use of sewer facilities, and as may be adopted by City Council resolution.

(Ord. 3367 § 1, 8/15/2009; Ord. 2394 Ch. II § 6, 6/2/1986)

The owner or owners of each lot or parcel of real property within the area served or to be served by the City sanitary sewer system as it now exists or as it may be extended, upon which lot or parcel is situated any building or structure for human occupation or for any purpose requiring the use of water which will produce sewage, shall, prior to approval by the City of a certificate of occupancy or upon written notice from the Director, cause a connection to be made at the expense of the owner or owners between said City sanitary sewer system and each such building or structure unless otherwise allowed pursuant to PAMC 13.61.090.

(Ord. 2857 § 2, 2/17/1995; Ord. 2394 Ch. II § 7, 6/2/1986)

No person other than representatives of the City shall make any connection to or opening into, use, alter or disturb any public sewer or appurtenances thereof.

(Ord. 2394 Ch. II § 8, 6/2/1986)

A.

A revocable permit for an existing private wastewater disposal system may be obtained from the Public Works and Utilities Director after consultation with the County Health Officer for as long as the existing system meets state and county requirements and does not cause any sanitary or other health problems.

B.

Either prior to approval by the City of a building permit for construction on a single lot existing on January 1, 1995, or when a private wastewater disposal system had been but is no longer permitted pursuant to PAMC 13.61.090.A., or when applying for a short subdivision where all the lots are one-half acre or greater in area, the owner or owners may apply to the Director of Public Works and Utilities for an exemption from the requirement in PAMC 18.08.060 and PAMC 13.61.070 that the building be served by the City sanitary sewer system. The exemption may be granted only if all of the following requirements are met:

1.

The lot is further than 200 feet from the City sanitary sewer system or a lateral thereof;

2.

The cost of extending the City sanitary sewer system would be an economic hardship on the owner or owners in that the estimated cost of a sewer extension would be over 125 percent of the cost of an approved septic or other private wastewater disposal system;

3.

The owner or owners have signed a non-protest agreement for an LID to extend the City sanitary sewer system to the area; and

4.

The exemption will not be effective until a written permit for the septic or other private wastewater disposal system is obtained from the Clallam County Health Department.

C.

This section shall not be construed to interfere with any additional requirements that may be imposed by the Health Officer. At such time as a public sewer becomes available to a property served by a private wastewater disposal system, a direct connection shall be made to the public sewer within 90 days in compliance with this chapter, and any septic tanks, cesspools, and similar private wastewater disposal facilities shall be cleaned of sludge and filled with suitable material.

(Ord. 3140 § 1, 5/16/2003; Ord. 2857 § 3, 2/17/1995; Ord. 2394 Ch. II § 9, 6/2/1986)

A.

It is unlawful for any person to connect, or cause to be connected, repair, alter or cap, a building or structure sewer to any public sewer, without first obtaining a permit for such activity from the City of Port Angeles.

B.

It is unlawful for any person to uncover, make any connection to or opening into, use, alter, or disturb, or cause any of these activities to occur concerning, any public or private sewer or appurtenance, without first obtaining a permit for such activity from the City of Port Angeles.

(Ord. 3367 § 1, 8/15/2009; Ord. 2394 Ch. II § 10, 6/2/1986)

A.

An application for a permit required under section 13.61.100 shall be made by the owner of the property on which the work is to be performed or by a licensed contractor representing the owner.

B.

The permit application shall include such information as may be required by the Director for determination as to whether the proposed work conforms to the requirements of this chapter and any other applicable City ordinance.

C.

The permit application fee is set forth in a resolution authorized by Chapter 1.25 PAMC, see Appendix B.

D.

If the Director determines that the work conforms to all existing ordinances, and if the fee is paid, the permit for such activity may be issued by the Director.

E.

The application, when approved by the Director, shall constitute a binding obligation whereby the owner agrees on behalf of himself and all successors in interest to conform to the provisions of this chapter, and other applicable ordinances, as now enacted or hereafter amended.

F.

No application for sewer service shall be accepted or approved for locations outside the sewer service area.

(Ord. 3719 § 1, 9/5/2023; Ord. 2394 Ch. II § 11, 6/2/1986)

A permit issued under section 13.61.110 of this chapter shall be valid for a period of only 90 days unless extended or renewed by the Director prior to the date of expiration.

(Ord. 2394 Ch. II § 12, 6/2/1986)

The Director may, upon receiving an application containing such information as is required by him, issue a permit for a temporary connection to a combined sewer, sanitary sewer, or side sewer, and may include as a condition to the issuance of a permit a requirement to connect to another combined sewer, sanitary sewer, or side sewer, at some later date. Said permit may be revoked by the Director at any time upon 60 days' notice posted upon the premises and directed to the owner or occupant of the premises. In the event the said side sewer or drains are not disconnected or reconstructed as required at the expiration of said 60 days, the Director may disconnect the same and reconstruct it as he deems necessary and charge the cost plus 15 percent thereof to the owner or occupant. Such cost plus 15 percent shall be immediately payable to the City Treasurer following a written notice of the amount thereof given to such owner or occupant and shall be a lien against the property. Such temporary permit shall be issued only upon the applicant recording with the County Auditor an instrument to the Director in which the owner agrees to reconstruct the side sewer if required to do so and to save the City of Port Angeles harmless from all damage resulting to the City by reason of such temporary connection or disconnection, and exhibits to the Director the recording number of said instrument.

(Ord. 3367 § 1, 8/15/2009; Ord. 2394 Ch. II § 13, 6/2/1986)

A.

Any sewer connection authorized pursuant to the terms of this chapter shall be done in accordance with the terms and conditions of the issued permit.

B.

Prior to the backfilling of any sewer connection, the owner or contractor shall notify the City of Port Angeles of the completion of such work, giving 48 hours' notice, and shall request an inspection. Backfilling may occur only after such inspection has occurred.

C.

The owner and/or contractor is responsible for the protection of all persons and property from injury or damage as a result of the excavation or other work conducted in making such sewer connection.

(Ord. 3367 § 1, 8/15/2009; Ord. 2394 Ch. II § 14, 6/2/1986)

The determination by the Director that any owner or contractor is proceeding with permitted work in a manner inconsistent with the terms of such permit or this chapter, he shall notify the owner or contractor to cease and desist from all further work under the terms of the permit until such time as the inconsistency between the permit and the work has been corrected. Said notice may be posted on the premises where said work is being done.

If the contractor or person doing the work shall refuse to properly construct, reconstruct, and complete such work, the Director may cause said work to be completed 60 days after said notice, and the cost of such work and any materials necessary therefor, plus 15 percent, shall be charged to the owner or contractor, shall be payable by the owner or contractor immediately upon the Director giving written notice of the amount thereof or posting a notice thereof on the premises, and shall be a lien against the property.

(Ord. 2394 Ch. II § 15, 6/2/1986)

All sewer fees, including, but not limited to, permit, connection/reconnection, alteration/repair, and capping fees, are set forth in a resolution authorized by Chapter 1.25 PAMC, see Appendix B.

(Ord. 3719 § 1, 9/5/2023; Ord. 2932 § 39, 10/11/1996; Ord. 2394 Ch. II § 16, 6/2/1986)

Where it is determined by the Director or the Health Officer that a side sewer, or appurtenance thereof is obstructed, broken, inoperative or inadequate or is a significant threat to the public health, safety or welfare, or to public or private property, the Director shall give notice to the owner, agent or occupant of the property in which such condition exists requiring the condition to be corrected within a specified time. If the owner, agent or occupant shall refuse to maintain, reconstruct, relay, reconnect, repair, or remove the obstruction of, said side sewer drain, within the time specified in such notice, the Director shall perform such work as may be necessary to comply with this chapter. The cost of such work done plus 15 percent shall be charged to the property owner or occupant and shall become immediately payable to the City Treasurer upon written notice of such amount being given to the property owner or occupant or posted upon said premises and shall become a lien against the property.

(Ord. 3367 § 1, 8/15/2009; Ord. 2394 Ch. II § 17, 6/2/1986)

A.

It shall be unlawful to discharge sewage, industrial wastes or other wastes to any sewer without having first complied with the terms of this chapter and the provisions of Chapter 13.06 PAMC.

B.

No person, firm, or business shall discharge or cause to be discharged any of the waters or wastes described in PAMC 13.06.030 to any public sewers. These discharge limitations shall apply to all users of the sewage works.

C.

Where conflicts may exist between this chapter and Chapter 13.06 PAMC, the provisions of Chapter 13.06 PAMC shall prevail.

(Ord. 2394 Ch. II § 18, 6/2/1986)

Grease, oil and sand interceptors or traps shall be provided when, in the opinion of the Director, they are necessary for the proper handling of liquid wastes containing grease in excessive amounts or any flammable wastes, sand, or other harmful ingredients; except that such interceptors or traps may not be required for private dwelling units. All interceptors shall be of a type and capacity approved by the Director and shall be located as to be readily and easily accessible for cleaning and inspection. Routine cleaning and maintenance of the interceptors shall be the responsibility of the discharger so that they operate satisfactorily and effectively.

(Ord. 2394 Ch. II § 19, 6/2/1986)

Whenever a request is made of the department for an emergency inspection or cleaning, outside of regular working hours, of the sewer system and it is found that the problem does not involve the public sewer, labor, equipment and materials will be charged to the requesting party.

(Ord. 2394 Ch. II § 20, 6/2/1986)

Any person violating any provision of the ordinance codified herein shall be guilty of a misdemeanor and shall be punished by a fine not to exceed $500.00 or 90 days in jail, or both such fine and imprisonment. Each day that a violation continues shall constitute a separate offense.

(Ord. 2394 Ch. VIII § 1, 6/2/1986)

In addition to the foregoing criminal remedy, the violation of any of the provisions of the ordinance codified herein is deemed to be a nuisance and threatening to the health and safety of the citizens of Port Angeles. The City may utilize any civil remedy available to it under the laws of the State of Washington to enforce these provisions, including injunctive relief.

Furthermore, any person violating any of the provisions of the ordinance codified herein shall become liable to the City for any direct or indirect expense, loss or damage occasioned the City by reason of such violation.

(Ord. 2394 Ch. VIII § 2, 6/2/1986)

The City may choose to give notice to any person violating any provision of the ordinance codified herein, stating the nature of the violation and giving a reasonable time limit for satisfactory correction thereof. The offender shall permanently cease all violation and make the necessary correction within the time given. This administrative procedure shall be at the City's option.

(Ord. 2394 Ch. VIII § 3, 6/2/1986)

A separate and independent building sewer shall be provided for every building; provided that, where one building stands at the rear of another on an interior lot and no private sewer is available or can be constructed to the rear building through an adjoining alley, court, yard, or driveway, the building sewer from the front building may be extended to the rear building and the whole considered as one building sewer; and provided further that the Director may approve single connection for multiple buildings in appropriate circumstances. In no event shall the City assume any responsibility for damage caused by any such aforementioned single connection.

(Ord. 2394 Ch. III § 1, 6/2/1986)

Subject to the conditions set out in subparagraphs A through E below, sewer service to a single attached or detached accessory dwelling unit (ADU) may be provided by a connection from the ADU to the primary dwelling unit on the property:

A.

The connection of the ADU to the primary dwelling shall be four-inch diameter or greater.

B.

Prior to a connection being made, the line servicing the primary dwelling shall be video inspected at the sole expense of the developer to verify sewer line integrity. Record of video inspection shall be provided to the Director for approval or denial of the connection.

C.

The developer must demonstrate that both the line serving the primary dwelling and the line serving the ADU are, or will be, constructed to City standards.

D.

The owner of the primary dwelling unit shall assume all risks and shall hold the City harmless from all losses and damages arising from any such connection.

E.

No separate wastewater system development fee shall be charged for the ADU wastewater connection.

(Ord. 3695 § 3, 7/19/2022)

The maintenance of the building sewer from the structure to and including the connection to the public sewer shall be the sole responsibility of the property owner.

(Ord. 2394 Ch. III § 2, 6/2/1986)

Whenever possible, the building sewer shall be brought to the building at an elevation below the basement floor. Where the basement floor elevation or bottom floor elevation is below street grade, a back-flow prevention device shall be installed in an area for easy access and maintenance by the property owner. In all buildings in which any building drain is too low to permit gravity flow to the public sewer, sanitary sewage carried by such building drain shall be lifted by an approved means and discharged to the building sewer and a backflow preventer shall be installed in the system. Backflow preventers shall also be installed in other specific cases as determined to be necessary and appropriate by the Director.

(Ord. 2394 Ch. III § 3, 6/2/1986)

All excavations for building sewer installation shall be adequately guarded with barricades and lights so as to protect the public from hazard. Work within the right-of-way shall conform to Chapter 11.08 PAMC.

(Ord. 2394 Ch. III § 4, 6/2/1986)

The Director may require a user of sewer services to provide information needed to determine compliance with the ordinance codified herein. These requirements, in addition to those required by Chapter 13.06 PAMC, may include but are not limited to:

A.

Wastewater discharge peak rate and volume over a specified time period.

B.

Chemical analyses of wastewaters.

C.

Information on raw materials, processes, and products affecting wastewater volume and quality.

D.

Quantity and disposition of specific liquid, sludge, oil, solvent, or other materials important to sewer use control.

E.

A plot plan of sewers on the user's property showing sewer and pretreatment facility locations.

F.

Details of wastewater pretreatment facilities.

G.

Details of systems to prevent and control the losses of materials through spills to the municipal sewer.

(Ord. 2394 Ch. III § 5, 6/2/1986)

When a building is rebuilt or converted, the use of an existing side sewer will not be permitted unless approved by the Director as conforming to all requirements of this chapter.

(Ord. 2394 Ch. III § 6, 6/2/1986)

Side sewers shall be laid on not less than two percent nor more than 100 percent grade and shall be not less than 24 inches from the outer lines of any footings, pilings, or building supports. Side sewers shall not have less than 60 inches of cover at the curb line or in a public alley, 30 inches of cover at the property line, and 12 inches of cover on the private property. Side sewers laid generally parallel to the curb or curb line shall have not less than 48 inches of cover between the curb or curb line and the sidewalk or sidewalk line nor less than 30 inches of cover between the sidewalk or sidewalk line and the property line. All cover measurements shall be based on the established grade or on existing improvements, or shall be as determined by the Director.

(Ord. 2394 Ch. III § 7, 6/2/1986)

If a side sewer is to be constructed at more than 100 percent grade, or with less than the required minimum cover prescribed in this chapter, the Director may require special plans for the construction to be submitted for his approval.

(Ord. 2394 Ch. III § 8, 6/2/1986)

Six inches shall be the minimum diameter of pipe for gravity flow side sewers in street and alley rights-of-way.

(Ord. 2394 Ch. III § 9, 6/2/1986)

Any one single-family dwelling shall be connected with not less than four-inch diameter pipe on private property; provided that where a dual connection of two single-family dwellings, or a multiple dwelling or commercial building with a single-family dwelling is permitted by the Director, such connection shall be made with not less than six-inch diameter pipe below the point of dual connection. Any multiple dwelling, industrial or commercial building shall be connected with not less than six-inch diameter pipe on private property; provided, with the permission of the Director, one motel unit may be connected with four-inch diameter pipe on private property.

(Ord. 3694 § 1, 7/5/2022; Ord. 2394 Ch. III § 10, 6/2/1986)

Cast iron pipe shall be used for all side sewers crossing watermains for a distance of at least ten feet from the center of the watermain. Side sewer lines, parallel to water service lines or mains, must be laid at least one foot below and one foot away, unless cast iron pipe is used for the side sewer.

(Ord. 2394 Ch. III § 11, 6/2/1986)

It is unlawful to plant within 30 feet of any combined sewer, sanitary sewer, side sewer or storm drain, any willow, poplar, cottonwood, soft maple, gum tree, or any other tree or shrub whose roots are likely to enter and obstruct the flow of said sewers.

(Ord. 2394 Ch. III § 12, 6/2/1986)

A.

Before a side sewer may be located on property other than property owned by the owner of the site being served by the side sewer, and before the Director shall issue a permit authorizing the laying of such a side sewer, the owner of the side sewer shall secure a written easement from the owner of the property to be crossed. The easement shall be duly acknowledged, and shall grant the right to occupy the property for side sewer or utility purposes. The easement shall be recorded in the office of the County Auditor by the owner of the side sewer and the recording number exhibited to the Director.

B.

Where a side sewer is to be connected and/or located in City right-of-way, written permission for such connection and/or location must be obtained from the Director before a permit authorizing such connection is issued.

(Ord. 2394 Ch. III § 13, 6/2/1986)

If, in the opinion of the Director, physical conditions make compliance with the provisions of this chapter impracticable, the Director may issue a permit for installation of a side sewer requiring compliance with said provisions insofar as is reasonably possible, and such permit shall be issued only upon the condition that the property owner shall record with the County Auditor an instrument acceptable to the Director agreeing on behalf of the owner and his successors in interest to save harmless and indemnify the City of Port Angeles from any damage or injury resulting from such installation. Such instrument shall be upon a form approved by the Director. This subsection is not intended to be used to allow storm drainage connections to a sanitary sewer.

(Ord. 2394 Ch. III § 14, 6/2/1986)

Side sewers when capped shall be capped at the property line or at the point of connection to the public sewer.

(Ord. 2394 Ch. III § 15, 6/2/1986)

A.

Materials and workmanship in connection with the installation of any side sewer or drain shall be as required by the Uniform Plumbing Code and the "Standard Plans and Specifications of the City of Port Angeles", and modifications adopted by the department.

B.

Fittings, increasers, traps, etc., shall be of standard manufacture.

C.

Changes in line or grade shall be made with wyes or 45-degree bends, or for slight changes in line or grade, by setting each pipe out of line slightly, within the deflection angle allowed by the pipe manufacturer's specifications, or by using ten degrees, 22½ degrees, or 30 degrees bends supplied by pipe manufacturers.

D.

No 90-degree bends, or consecutive bends or tees will be allowed in pipe other than cast iron pipe.

E.

When laying around a 90-degree corner, a wye and 45 degrees bend combination shall be used with the end of the wye left as a clean-out.

F.

Increasers or wyes shall be used when changing the sizes of pipe. Pipe size may also be changed at a manhole.

G.

Grafts of four-inch, six-inch or eight-inch pipe shall not be allowed.

H.

Rubber-type gasket or flexible joint pipe must be used in side sewers constructed of concrete, plastic, clay or asbestos-cement pipe. Cast iron pipe must have flexible joints or caulked lead joints. Copper pipe must have soldered joints.

I.

Cast iron fittings must conform to the requirements of the Uniform Plumbing Code as to quality of materials and type of fitting or structure.

J.

A bend must not be used adjacent to a tee or wye at the main sewer but may be used a length of pipe or more away from the main sewer, unless the bend is manufactured as a part of the first length of pipe.

K.

Where conflicts exist between this chapter and the Uniform Plumbing Code adopted by the City concerning materials to be used for seer services, the Director shall determine which material is most appropriate for the usage involved.

(Ord. 2394 Ch. III § 16, 6/2/1986)

A main extension shall be required whenever more than one residence or customer is provided service and either the property to be served does not abut a sewer main or the existing sewer main is not adequate to provide the necessary service. Main extensions shall be extended to the far side (upstream along sewer) property line of the premises being served.

(Ord. 2394 Ch. VII § 1, 6/2/1986)

A.

The person or developer desiring a main extension shall submit to the Director an application in a form containing the information specified by the Director.

B.

Any extension of the Port Angeles Wastewater System must be approved by the Director and all extensions must conform to Department of Ecology regulations and the Port Angeles Sewer Facility Plan. The material contained in these standards shall be used in conjunction with the Washington State Department of Ecology regulations to develop all plans and specification and construction of wastewater facilities. No extension of the City's wastewater system shall be approved that will interfere with the system operation, which will cause the system discharge to violate its National Pollutant Discharge Elimination System (NPDES) permit or other applicable state or federal regulations and requirements, or will cause physical damage to the wastewater system or treatment facilities. Where there are conflicts or differences between these standards and City ordinances, the City ordinances shall apply.

C.

In designing and planning for any development, it is the developer's responsibility to see that adequate sewer systems are provided. The developer shall demonstrate, in the proposed plans, how sewer facilities will be provided and whether the existing system will be adversely impacted. An adequate analysis of the system shall be required by the Director. Developers shall submit an analysis of the main extensions impact to the existing wastewater system available capacity, or pay the fees presented below in order to utilize City wastewater system capacity modeling. The cost for this shall be as per this title.

D.

If the Director requires analysis of the proposed extension and its impact to the City's existing system, the developer shall provide the necessary design information to the Director.

E.

The Director shall review the application, and, if the requested extension is determined to be a proper extension of the sewer system, shall provide the developer with the design requirements for the extension.

F.

If the requested main extension is determined to cause an exceedance of the existing sewer system design flow capacity, the application shall be denied.

(Ord. 3698 § 1, 8/16/2022; Ord. 2394 Ch. VII § 2, 6/2/1986)

Upon receipt of the design requirements from the department, the petitioner shall cause plans and specifications for the extension to be prepared. All design and construction plans and specifications shall be in accordance with American Public Works Association standards adopted by the department. The completed plans and specifications, having a valid professional engineer's seal and endorsement, shall be submitted to the department for review and approval.

(Ord. 2394 Ch. VII § 3, 6/2/1986)

After approval of the plans and specifications, the department will provide the petitioner with an estimate of the construction inspection fee. A construction permit will be issued after the inspection fees and estimated main connection charges as set forth in a resolution authorized by Chapter 1.25 PAMC have been deposited with the City Treasurer. If the Director determines that the remaining funds are not adequate to provide necessary inspection for project completion, the City will notify the petitioner with an estimate of additional inspection fee required. The additional fees must be deposited with the City Treasurer prior to depletion of the funds on deposit. Any monies unexpended from the inspection deposit upon completion of the project will be returned to the petitioner. See Appendix B for fees.

(Ord. 3719 § 1, 9/5/2023; Ord. 2394 Ch. VII § 4, 6/2/1986)

A.

Main extensions may be made by private contract, through local improvement district procedure, or by department forces.

B.

Any main extension done other than by the department's forces shall be done by a licensed and bonded contractor of the State of Washington.

C.

Extension by the department's forces shall be at the expense of the person requesting construction of the main and will usually be for small extensions.

D.

All main extensions must be situated within:

1.

A public right-of-way dedicated to the City; or

2.

A franchise or an easement granted to the City on such terms and conveying such rights as are adequate to protect the City's utility infrastructure, as determined by the Director.

(Ord. 3659 § 2, 6/16/2020; Ord. 2394 Ch. VII § 5, 6/2/1986)

A.

The City reserves the right to reject any installation not inspected and approved by the department.

B.

Upon satisfactory completion of all required tests and acceptance of the main extension, the department shall cause the extension to be connected to the City system. All costs incurred in such connection(s), including overhead and administrative charges, shall be the responsibility of the petitioner. Any adjustment on the actual cost of installation because of variance between the estimate and the actual cost shall be adjusted by refund upon completion of the job by the petitioner or by payment by the petitioner to the City of any additional expense above the estimate.

C.

No main extension shall be put into service other than for test purposes by duly authorized personnel until the main extension has been accepted by the City and all fees and charges have been paid.

(Ord. 2394 Ch. VII § 6, 6/2/1986)

A.

Upon completion of a main extension, the petitioner shall provide the department a reproducible Mylar drawing that accurately indicates the main extension and appurtenances as actually installed in plan and profile.

B.

No main extension will be accepted until satisfactory "as built" drawings are provided.

(Ord. 2394 Ch. VII § 7, 6/2/1986)

A.

The permit holder shall provide the City with a deed of conveyance for all main extensions as a condition of acceptance of the main extension by the City.

B.

The transfer of any main to the City shall be on the condition that the owner, district, company, constructor, or contributor shall transfer or provide for any necessary and proper franchise.

(Ord. 2394 Ch. VII § 8, 6/2/1986)

The purpose of this chapter is to establish a storm and surface water management program and utility in order to accomplish the following goals:

A.

Establish a stormwater capital facilities plan and small project funding program for projects which will:

1.

Protect property owners adjacent to developing and developed land from increased runoff rates, which could cause erosion of abutting property;

2.

Decrease drainage-related damage to public and private property;

3.

Maintain safe City streets and rights-of-way;

4.

Minimize water quality degradation and control of sedimentation of creeks, streams, ponds, and other water bodies; and

5.

Preserve and enhance the aesthetic quality of waters.

B.

Promote sound development policies and construction procedures, which respect and preserve the City's watercourses;

C.

Provide public education, outreach, participation, and involvement in the protection of water quality; and

D.

Establish general rules and regulations for the service and extension of service from the stormwater system.

E.

Define and implement regulatory programs intended to identify sources of pollution and reduce or prevent adverse impacts from urban stormwater on receiving waters and the environment.

The storm and surface water management program shall consist of stormwater regulations and a stormwater utility, which shall be implemented and operated by the City's Department of Public Works and Utilities in accordance with standards established by the appropriate governmental entities with jurisdiction.

(Ord. 3694 § 2, 7/5/2022; Ord. 3367 § 2, 8/15/2009)

The City hereby incorporates the following documents into this chapter:

A.

The City of Port Angeles' Urban Services Standards and Guidelines adopted pursuant to Chapter 18.08 PAMC; the most recent version or update.

B.

Ecology's Stormwater Management Manual for Western Washington (SWMMWW); the most recent update or version.

C.

Ecology's Western Washington Phase II Municipal Stormwater Permit with Appendices; the most recent update or version.

D.

2012 Low Impact Development Technical Guidance Manual for Puget Sound, published by Washington State University and the Puget Sound Partnership; or the most recent update.

E.

The City of Port Angeles' Illicit Discharge Detection and Elimination (IDDE) Response Policy and Procedures; the most recent update or version.

All of these documents are on file within the office of the City Engineer and can be viewed upon request.

(Ord. 3694 § 2, 7/5/2022; Ord. 3568 § 1, 12/20/2016; Ord. 3367 § 2, 8/15/2009)

The provisions of this chapter shall apply to all direct and indirect connections to the City's stormwater system, including direct outfalls to the City's streams or marine waters.

(Ord. 3367 § 2, 8/15/2009)

The following definitions shall apply to this chapter:

A.

AKART - All known, available, and reasonable methods of prevention, control, and treatment.

B.

Arterial - PRINCIPAL ARTERIALS: Principal arterials provide service for principal traffic movements within the City. They serve centers of activity; intra-area travel between Port Angeles and other large communities and between principal trip generators. Principal arterials serve the longest trips and carry the principal portion of trips entering and leaving the overall area. Typically they are the highest traffic volume corridors in the City. The design year ADT is approximately 5,000 to 30,000 vehicles per day or more. They frequently carry important intra-urban as well as intercity bus routes.

The spacing of principal arterials usually varies from about one mile in highly developed business areas to five miles or more in rural areas. Service to abutting land should be subordinate to the provisions of travel service to principal traffic movements; this service should be incidental to the primary functional responsibility of the street. Desirably it is located on community and neighborhood boundaries or adjacent to but not through principal shopping centers, parks, and other homogeneous areas.

MINOR ARTERIALS: Minor arterials interconnect with and augment the principal arterial system. Minor arterials connect principal arterials to collector arterials and small generators. They provide medium size trip generators, such as less intensive commercial development, high schools and some junior high/grade schools, warehousing areas, active parks and ballfields, and other land uses with similar trip generation potential. They distribute travel to smaller geographic areas and communities than those identified with the principal arterial system. They provide service for trips of moderate length of a somewhat lower level of travel mobility than principal arterials. The design year ADT is approximately 2,500 to 15,000.

COLLECTOR ARTERIALS: Collector arterials provide both land access service and traffic circulation within residential neighborhoods and commercial and industrial areas. It differs from the arterial system in that facilities on the collector system may penetrate residential neighborhoods, distributing trips from the arterials through the areas to their ultimate destinations. The collector also collects traffic from local streets in residential neighborhoods and channels it onto minor and principal arterials. The collector arterial street may also carry local bus routes.

C.

Best management practices (BMPs) - mean schedules of activities, prohibitions of practices, maintenance procedures, and structural and/or managerial practices, that when used singly or in combination, prevent or reduce the release of pollutants and other adverse impacts to waters of Washington State (as per the Department of Ecology's SWMMWW [2014]).

D.

Certified erosion and sediment control lead (CESCL) - means an individual who has current certification through an approved erosion and sediment control training program that meets the minimum training standards established by the Washington State Department of Ecology (see BMP C160 in the Department of Ecology's SWMMWW (2014)). A CESCL is knowledgeable in the principles and practices of erosion and sediment control. The CESCL must have the skills to assess site conditions and construction activities that could impact the quality of stormwater and, the effectiveness of erosion and sediment control measures used to control the quality of stormwater discharges (as per the Department of Ecology's SWMMWW [2014]).

E.

Clean Water Act - means the federal Water Pollution Control Act (33 USC Section 1251 et seq.), and any subsequent amendments thereto.

F.

Commercial/multiple property - means all property zoned or used for multi-family, commercial, retail, public, government, non-profit and all other non-residential uses.

G.

Compost-amended soil - means establishment of a minimum soil quality and depth to regain stormwater functions in the post development landscape, provide increased treatment of pollutants and sediments that result from development and habitation, and minimize the need for some landscaping chemicals.

H.

Director - means the City of Port Angeles Director of Public Works and Utilities or his or her designee.

I.

Effective impervious surface - means those impervious surfaces that are connected via sheet flow or discrete conveyance to a drainage system. Impervious surfaces are considered ineffective if: 1) the runoff is dispersed through at least 100 feet of native vegetation in accordance with BMP T5 30 - "Full Dispersion," as described in Chapter 5 of Volume V of the Department of Ecology's SWMMWW (2014); 2) residential roof runoff is infiltrated in accordance with downspout full infiltration systems, per BMP 5.10A in Volume III of the Department of Ecology's SWMMWW (2014); or 3) approved continuous runoff modeling methods indicate that the entire runoff file is infiltrated (as per the Department of Ecology's SWMMWW [2014]).

J.

Feasibility - Low impact development best management practices (BMP) are required where feasible. A BMP is determined feasible when infeasibility criteria are not triggered as defined in the Department of Ecology SWMMWW and City of Port Angeles Urban Service Standards and Guidelines Chapter 5, Appendix D.

K.

Groundwater - means water in a saturated zone or stratum beneath the surface of the land or below a surface water body.

L.

Hard surface - means an impervious surface, a permeable pavement, or a vegetated roof.

M.

Hazardous materials - means any material, including any substance, waste, or combination thereof, which because of its quantity, concentration, or physical, chemical, or infectious characteristics may cause, or significantly contribute to, a substantial present or potential hazard to human health, safety, property or the environment when improperly treated, stored, transported, disposed of, or otherwise managed.

N.

Highway - means a main public road connecting towns and cities.

O.

Hyperchlorinated - means water that contains more than ten milligrams per liter (mg/L) chlorine. For water quality chemistry purposes, mg/L and parts per million (ppm) are equivalent units of measure.

P.

Illicit discharge - means any direct or indirect non-stormwater discharge to the City's stormwater system, except as expressly allowed by this chapter.

Q.

Illicit connection - means any man-made conveyance that is connected to a municipal separate storm sewer without a permit, excluding roof drains and other similar type connections. Examples include sanitary sewer connections, floor drains, channels, pipelines, conduits, inlets, or outlets that are connected directly to the municipal separate storm sewer system.

R.

Impaired capacity system - means the flow volume or rate is greater than what a facility (e.g., pipe, pond, vault, swale, ditch, drywell, etc.) is designed to safely contain, receive, convey, reduce pollutants from, or infiltrate to meet a specific performance standard. System capacity shall be evaluated using a qualitative analysis and/or a quantitative analysis that shall include continuous runoff modeling of the 25-year recurrence interval flow. A system is considered to be impaired when it is not able to convey the 25-year recurrence interval flow without surcharging.

S.

Impervious surface - means a non-vegetated surface area that either prevents or retards the entry of water into the soil mantle as under natural conditions prior to development. A non-vegetated surface area that causes water to run off the surface in greater quantities or at an increased rate of flow from the flow present under natural conditions prior to development. Common impervious surfaces include, but are not limited to, roof tops, walkways, patios, driveways, parking lots or storage areas, concrete or asphalt paving, gravel roads, packed earthen materials, and oiled, macadam or other surfaces which similarly impede the natural infiltration of stormwater. Open, uncovered retention/detention facilities shall not be considered as impervious surfaces for purposes of determining whether the thresholds for application of minimum requirements are exceeded. Open, uncovered retention/detention facilities shall be considered impervious surfaces for purposes of runoff modeling (as per the Department of Ecology's SWMMWW [2014]).

T.

Land disturbing activity - means any activity that results in movement of earth, or a change in the existing soil cover (both vegetative and non-vegetative) and/or the existing soil topography. Land disturbing activities include, but are not limited to, clearing, grading, filling, and excavation. Compaction that is associated with stabilization of structures and road construction shall also be considered a land disturbing activity. Vegetation maintenance practices are not considered land disturbing activity.

U.

Maintenance - Repair and maintenance includes activities conducted on currently serviceable structures, facilities, and equipment that involves no expansion or use beyond that previously existing and results in no significant adverse hydrologic impact. It includes those usual activities taken to prevent a decline, lapse, or cessation in the use of structures and systems. Those usual activities may include replacement of dysfunctional facilities, including cases where environmental permits require replacing an existing structure with a different type structure, as long as the functioning characteristics of the original structure are not changed. One example is the replacement of a collapsed, fish blocking, round culvert with a new box culvert under the same span, or width, of roadway. See also Road Maintenance exemptions in Section 1 of the NPDES Appendix included in this chapter.

V.

Municipal separate storm sewer system (MS4) - means a conveyance or system of conveyances (including roads with drainage systems, municipal streets, catch basins, curbs, gutters, ditches, man-made channels, or storm drains), owned or operated by the City of Port Angeles:

1.

Designed or used for collecting or conveying stormwater;

2.

Which is not part of a publicly owned treatment works (POTW). "POTW" means any device or system used in treatment of municipal sewage or industrial wastes of a liquid nature which is publicly owned; and

3.

Which is not a combined sewer. "Combined sewer" means a system that collects sanitary sewage and stormwater in a single sewer system.

W.

National Pollutant Discharge Elimination System (NPDES) Stormwater Discharge Permit - means a permit issued by the Environmental Protection Agency (EPA) (or by the Washington Department of Ecology under authority delegated pursuant to 33 USC Section 1342(b)) that authorizes the discharge of pollutants to waters of the United States, whether the permit is applicable on an individual, group, or general area-wide basis.

X.

Native vegetation - means vegetation comprised of plant species, other than noxious weeds, that are indigenous to the coastal region of the Pacific Northwest and which reasonably could have been expected to naturally occur on the site. Examples include trees such as Douglas fir, western hemlock, western red cedar, alder, big-leaf maple, and vine maple; shrubs such as willow, elderberry, salmonberry, and salal; and herbaceous plants such as sword fern, foam flower, and fireweed.

Y.

New development - means land disturbing activities, including Class IV - general forest practices that are conversions from timber land to other uses; structural development, including construction or installation of a building or other structure; creation of impervious surfaces; and subdivision, short subdivision and binding site plans, as defined and applied in Chapter 58.17 RCW. Projects meeting the definition of redevelopment shall not be considered new development.

Z.

Non-impaired capacity system - means the flow volume or rate that a facility (e.g., pipe, pond, vault, swale, ditch, drywell, etc.) is designed to safely contain, receive, convey, reduce pollutants from, or infiltrate to meet a specific performance standard. System capacity shall be evaluated using a qualitative analysis and/or a quantitative analysis which shall include continuous runoff modeling of the 25-year recurrence interval flow. System capacity is considered to be non-impaired if it conveys a 25-year recurrence interval flow without surcharging.

AA.

Non-stormwater discharge - means any discharge to the storm drain system that is not composed entirely of stormwater.

BB.

Permeable pavement - Pervious concrete, porous asphalt, permeable pavers or other forms of pervious or porous paving material intended to allow passage of water through the pavement section. It often includes an aggregate base that provides structural support and acts as a stormwater reservoir.

CC.

Person - means any individual, association, organization, partnership, firm, corporation or other entity recognized by law and acting as either the owner of a premises or as the owner's agent.

DD.

Pollutant - means anything which causes or contributes to pollution. Pollutants may include, but are not limited to: paints, varnishes, and solvents; oil and other automotive fluids; nonhazardous liquid and solid wastes and yard wastes; refuse, rubbish, garbage, litter, or other discarded or abandoned objects and accumulations, so that same may cause or contribute to pollution; floatables (objects or substances which float); pesticides, herbicides, and fertilizers; hazardous substances and wastes; sewage, fecal coliform and pathogens; dissolved and particulate metals; animal wastes; wastes and residues that result from constructing a building or structure; and noxious or offensive matter of any kind.

EE.

Pollution-generating impervious surface (PGIS) - means those impervious surfaces considered to be a significant source of pollutants in stormwater runoff. Such surfaces include those which are subject to: vehicular use; industrial activities (as further defined in the Department of Ecology's SWMMWW [2014]), or storage of erodible or leachable materials, wastes, or chemicals, and which receive direct rainfall or the run-on or blow-in of rainfall; metal roofs unless they are coated with an inert, non-leachable material (e.g., baked-on enamel coating); or roofs that are subject to venting significant amounts of dusts, mists, or fumes from manufacturing, commercial, or other indoor activities (as per the Department of Ecology's SWMMWW [2014]).

FF.

Pollution-generating pervious surfaces (PGPS) - means any non-impervious surface subject to vehicular use, industrial activities (as further defined in the Department of Ecology's SWMMWW [2014]); or storage of erodible or leachable materials, wastes or chemicals, and that receive direct rainfall or run-on or blow-in of rainfall, use of pesticides and fertilizers or loss of soil. Typical PGPS include permeable pavement subject to vehicular use, lawns and landscaped areas, including golf courses parks, cemeteries, and sports fields (natural and artificial turf) (as per the Department of Ecology's SWMMWW [2014]).

GG.

Pre-developed condition - means the native vegetation and soils that existed at a site prior to the influence of Euro-American settlement. The pre-developed condition shall be assumed to be a forested land cover unless reasonable, historic information is provided that indicates the site was prairie prior to settlement.

HH.

Premises - means any building, lot, parcel of land, or portion of land, whether improved or unimproved, including adjacent sidewalks and planting strips.

II.

Project site - means that portion of a property, properties, or right-of-way subject to land disturbing activities, new impervious surfaces, or replaced impervious surfaces.

JJ.

Rain garden - means a non-engineered shallow, landscaped depression, with compost-amended native soils and adapted plants. The depression is designed to pond and temporarily store stormwater runoff from adjacent areas, and to allow stormwater to pass through the amended soil profile.

KK.

Receiving waters - means bodies of water or surface water systems to which surface runoff is discharged via a point source of stormwater or via sheet flow.

LL.

Redevelopment - On a site that is already substantially developed (i.e., has 35 percent or more of existing impervious surface coverage), the creation or addition of impervious surfaces; the expansion of a building footprint or addition or replacement of a structure; structural development including construction, installation or expansion of a building or other structure; replacement of impervious surface that is not part of a routine maintenance activity; and land disturbing activities.

MM.

Replaced impervious surface - means, for structures, the removal and replacement of any exterior impervious surfaces or foundation. For other impervious surfaces, the removal down to bare soil or base course and replacement.

NN.

Single-family property - means all property used for single-family residential uses.

OO.

Site - means the area defined by the legal boundaries of a parcel or parcels of land that is (are) subject to new development or redevelopment. For road projects, the length of the project site and the right-of-way boundaries define the site.

PP.

Source control BMP - means a structure or operation that is intended to prevent pollutants from coming into contact with stormwater through physical separation of areas or careful management of activities that are sources of pollutants. The Department of Ecology's SWMMWW (2014) separates source control BMPs into two types. Structural source control BMPs are physical, structural, or mechanical devices, or facilities that are intended to prevent pollutants from entering stormwater. Operational BMPs are nonstructural practices that prevent or reduce pollutants from entering stormwater. For further examples or details, refer to the Volume IV of the Department of Ecology's SWMMWW (2014).

QQ.

Stormwater - means runoff during and following precipitation and snowmelt events, including surface runoff and drainage.

RR.

Stormwater Management Manual for Western Washington (SWMMWW) - Washington State Department of Ecology's Stormwater Manual. As applicable, the City has adopted the most recent version of this manual to guide the City's stormwater management program.

SS.

Stormwater pollution prevention plan (SWPPP) - means a document which describes the best management practices and activities to be implemented by a person to identify sources of pollution or contamination at a premises and the actions to eliminate or reduce pollutant discharges to stormwater, stormwater conveyance systems, and/or receiving waters to the maximum extent practicable.

TT.

Stormwater system - means all natural and manmade systems which function together or independently to collect, store, purify, discharge and convey stormwater. Included are all stormwater facilities as well as natural systems such as streams and creeks and all natural systems which convey, store, infiltrate or divert stormwater.

UU.

Threshold discharge area - means an on-site area draining to a single natural discharge location or multiple natural discharge locations that combine within one-quarter mile downstream (as determined by the shortest flowpath). The examples in Figure 2.1 illustrate this definition. The purpose of this definition is to clarify how the thresholds of the stormwater requirements are applied to project sites with multiple discharge points.

VV.

Wetland - means those areas that are inundated or saturated by surface or groundwater at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions. Wetlands generally include swamps, marshes, bogs, and similar areas. Wetlands do not include those artificial wetlands intentionally created from non-wetland sites, including, but not limited to, irrigation and drainage ditches, grass-lined swales, canals, detention facilities, wastewater treatment facilities, farm ponds, and landscape amenities, or those wetlands created after July 1, 1990, that were unintentionally created as a result of the construction of a road, street, or highway. Wetlands may include those artificial wetlands intentionally created from non-wetland areas to mitigate the conversion of wetlands.

(Ord. 3694 § 2, 7/5/2022; Ord. 3568 § 1, 12/20/2016; Ord. 3367 § 2, 8/15/2009)

Exceptions, variances and adjustments to the stormwater development minimum requirements may be granted by the Director of Community and Economic Development. See section 17.94.190 of this Code.

(Ord. 3568 § 1, 12/20/2016)

There is hereby created and established a storm and surface water utility (also referred to as the "stormwater utility"). The stormwater utility shall be administered by the Director of Public Works and Utilities. The stormwater utility shall perform the functions, and have the authority, as set forth in Chapter 35.67 RCW and in this chapter for managing, regulating, and controlling the City's stormwater management program.

(Ord. 3694 § 2, 7/5/2022; Ord. 3367 § 2, 8/15/2009)

The City shall have jurisdiction over all stormwater and surface water facilities within the City's boundaries. No modifications or additions shall be made to the City's stormwater and surface water facilities without the prior approval of the City.

(Ord. 3694 § 2, 7/5/2022; Ord. 3367 § 2, 8/15/2009)

The stormwater utility shall be managed and operated in accordance with applicable sections of the City's Western Washington Phase II Municipal Stormwater Permit, the City's Urban Services Standards and Guidelines and PAMC 13.63.

(Ord. 3367 § 2, 8/15/2009)

All equipment, properties, and property rights and interests owned or held by the City, however acquired, insofar as they relate to or concern stormwater or surface water sewage, are hereby transferred to the stormwater utility. This includes by way of example and not limitation, all properties and property rights and interests acquired by adverse possession or by prescription in and to the drainage and storage of stormwater or surface waters over and under lands, watercourses, streams, ponds and sloughs to the full extent of inundation caused by the largest storm or flood condition.

(Ord. 3694 § 2, 7/5/2022; Ord. 3367 § 2, 8/15/2009)

A.

The owners of all real property in the City containing impervious surfaces must pay a monthly stormwater utility charge at the rate set forth in a resolution authorized by Chapter 1.25 PAMC, see Appendix B.

B.

City streets, State highways, private streets with storm and surface facilities in place meeting City standards, and other public or private owned properties or portions thereof having their own NPDES permitted storm and surface water runoff facilities which do not discharge to City facilities are exempt from the monthly charges.

(Ord. 3719 § 1, 9/5/2023; Ord. 3694 § 2, 7/5/2022; Ord. 3680 § 1, 10/5/2021; Ord. 3635 § 1, 10/15/2019; Ord. 3601 § 4, 12/19/2017; Ord. 3538 § 2, 9/1/2015; Ord. 3464 § 4, 10/16/2012, eff. 1/7/2013; Ord. 3367 § 2, 8/15/2009)

Editor's note— Formerly entitled "Monthly charge", which was rename as herein set out above by Ord. 3635.

Each private property or businesses subject to routine stormwater programmatic inspections shall be charged a fixed-rate fee to accommodate staff time, equipment, tracking software, reporting, and all other associated costs bore by the City in facilitating the program. This rate will be applied annually per PAMC 13.63.110. This annual charge assumes each participant's full compliance with the program and does not factor in extra resources expended by the City in response to situations of non-complinance. The City may recoup additional costs incurred from the non-compliant property owner or other responsible party via assignment of civil penalty, as described in PAMC 13.63.480, 13.63.500, and 13.63.510.

A.

The source control program for existing development has a program charge of $140.00 per year.

B.

The operations and maintenance (O&M) program for private stormwater facilities has a program charge of $225.00 per year.

(Ord. 3694 § 2, 7/5/2022)

A.

Stormwater rebates may be issued for retrofit, new development or redevelopment projects that meet the following conditions:

1.

Overall project with less than 5,000 square feet of new or replaced hard surfaces, and implements two or more of the following:

a.

Permeable pavement;

b.

Compost amended soils per BMP T5.13 in all disturbed area not covered by new improvements;

c.

Rain gardens designed and maintained in accordance with the Department of Ecology's SWMMWW (2014).

2.

LID facilities and best management practices (BMPs) listed in subsection A.1 above, must be designed and maintained in accordance with the Department of Ecology's SWMMWW (2014).

3.

Overall project is less than the minimum requirement #5 threshold (see Chapter 5 of the City of Port Angeles Urban Service Standards and Guidelines) or is a retrofit project that implements a rain garden.

B.

A property owner may request a rate adjustment to the monthly charge, only if the property contains no hard surfaces or if the property owner disagrees with the City's rate calculations. A request for an adjustment must be submitted in writing to the Director of Public Works and Utilities. If the property contains no hard surfaces, the rate will be adjusted to zero. If the City's calculations are incorrect, the rate will be adjusted accordingly. Approved adjustments will be applied prospectively except that the City will reimburse the property owner for overcharges paid for the year during which the adjustment is requested and for the prior year.

C.

Any person aggrieved by a decision of the Director of Public Works and Utilities relating to a request for a rate adjustment authorized by PAMC 13.63.110 may appeal the Director's decision to the City Manager within 30 days of the date of the Director's decision. The City Manager's decision is final.

(Ord. 3719 § 1, 9/5/2023; Ord. 3694 § 2, 7/5/2022; Ord. 3568 § 1, 12/20/2016; Ord. 3367 § 2, 8/15/2009)

Stormwater utility fees shall be billed annually by Clallam County on behalf of the City in conjunction with the County's property tax bill. Discounts for low-income senior citizens and disabled citizens will be applied in accordance with Chapter 13.20 PAMC. Stormwater utility fees billed pursuant to this section shall be due and payable semi-annually on the same dates each year that the County's property tax bill is due and payable and shall be delinquent if not paid by the due date. All delinquent accounts billed pursuant to this section will be subject to penalty charges the same as those imposed for delinquent property taxes.

(Ord. 3367 § 2, 8/15/2009)

A.

Termination of water service. The Director of Public Works and Utilities or designee is authorized to terminate water service to any property owner, unless said water service is received by a residential tenant, who fails to pay the stormwater utility service fees imposed by this chapter. Termination of such water service shall not limit other remedies available to the City.

B.

Lien for delinquent charges—Interest. Pursuant to RCW 35.67.200 et seq. The City shall have a lien for delinquent and unpaid stormwater charges. A stormwater lien shall be effective for one year without the necessity of any writing or recording of the lien with the County Auditor. Enforcement and foreclosure of any stormwater lien shall be in the manner provided by state law. Interest on the unpaid balance shall be eight percent per annum or such rate as may hereafter be authorized by law.

C.

Other remedies. The City shall have all other legally available remedies for enforcing and collecting delinquent and unpaid stormwater charges.

(Ord. 3367 § 2, 8/15/2009)

A.

Except as provided in subsections B. and C. below, no person shall throw, drain or otherwise discharge, cause or allow others under its control to throw, drain or otherwise discharge into the stormwater system any materials other than stormwater.

B.

The following discharges into the stormwater system are prohibited, unless the stated conditions are met:

1.

Discharges from potable water sources, including waterline flushing, hyperchlorinated waterline flushing, fire hydrant system flushing and pipeline hydrostatic test water. Planned discharges shall be dechlorinated to a concentration of 0.1 ppm or less, pH adjusted, if necessary (to meet water quality standards), and volumetrically and velocity controlled to prevent resuspension of sediments in the MS4.

2.

Discharges from lawn watering and other irrigation runoff shall be minimized.

3.

Dechlorinated swimming pool, spa and hot tub discharges. The discharges shall be dechlorinated to a concentration of 0.1 ppm or less, pH adjusted and re-oxygenized, if necessary, and volumetrically and velocity controlled to prevent resuspension of sediments in the MS4 and the property owner has obtained a stormwater discharge permit from the City. Discharges shall be thermally controlled to prevent an increase in temperature of the receiving water. Swimming pool cleaning wastewater and filter backwash shall not be discharged to the MS4.

4.

Street and sidewalk wash water, water used to control dust, and routine external building wash down that does not use detergents. To avoid washing pollutants into the MS4, permittee must minimize the amount of street wash and dust control water used. At active construction sites, street sweeping must be performed prior to washing the street.

5.

Other non-stormwater discharges. The discharges shall be in compliance with the requirements of the stormwater pollution prevention plan reviewed by the City, which addresses such discharges.

6.

Any discharges from a construction site. Discharges must be in conformance with the stormwater pollution prevention plan (SWPPP) reviewed by the permittee.

7.

Combined sewer overflow (CSO) discharges. This discharge must be in conformance with a current National Pollution Discharge Elimination System Permit, approved by the Washington State Department of Ecology.

C.

The following categories of non-stormwater discharges are specifically allowed:

1.

Diverted stream flows.

2.

Rising groundwaters.

3.

Uncontaminated groundwater infiltration (as defined at 40 CFR 35 2005(20)).

4.

Uncontaminated pumped groundwater.

5.

Foundation drains.

6.

Air conditioning condensation.

7.

Irrigation water from agricultural sources that is commingled with urban stormwater.

8.

Springs.

9.

Uncontaminated water from crawl space pumps.

10.

Footing drains.

11.

Flows from riparian habitats and wetlands.

12.

Non-stormwater discharges covered by another NPDES or state waste discharge permit.

13.

Discharges from emergency firefighting activities in accordance with the City of Port Angeles' Stormwater NPDES Permit Section S2 Authorized Discharges. The City's stormwater NPDES permit is available to view in the office of the City Engineer.

(Ord. 3694 § 2, 7/5/2022; Ord. 3568 § 1, 12/20/2016; Ord. 3367 § 2, 8/15/2009)

A.

The stormwater system of the City of Port Angeles, natural and artificial, may only be used to convey stormwater runoff, and any discharge meeting the permit conditions within a current National Pollutant Discharge Elimination System Permit, approved by the Washington State Department of Ecology.

B.

Except as provided in the preceding paragraph, no person shall use this system, directly or indirectly, to dispose of any solid or liquid matter other than stormwater. No person shall make or allow any connection to the stormwater system which could result in the discharge of polluting matter. Connections to the stormwater system from the interiors of structures are prohibited. Connections to the stormwater system for any purpose other than to convey stormwater or groundwater are prohibited and shall be eliminated.

(Ord. 3367 § 2, 8/15/2009)

A.

No person shall discharge or cause to be discharged any stormwater, surface water, groundwater, roof runoff, subsurface drainage, uncontaminated cooling water, or unpolluted industrial process waters into any sanitary sewer, unless otherwise approved by the Director based on lack of feasible alternatives or unless the discharge meets the condition outlined in subsection 13.63.140.A.

B.

No person shall make connection of roof downspouts, exterior foundation drains, area drains, or other sources of stormwater surface runoff or groundwater to a building sewer or building drain which in turn is connected directly or indirectly to a public sanitary sewer, unless such connection is otherwise approved in writing by the Director based on lack of feasible alternatives or other appropriate factors.

(Ord. 3367 § 2, 8/15/2009)

A.

Stormwater shall be discharged to such sewers as are specifically designated as storm sewers, or to a natural outlet approved by the Director.

B.

Storm drainage from hard-surfaced or graded areas, such as parking lots, service station yards, and storage yards, shall enter the public storm sewer system or other outlet approved by the Director and as required by this chapter and as such facilities are available. Such storm drainage shall not be connected to or allowed to enter a sanitary sewer.

(Ord. 3694 § 2, 7/5/2022; Ord. 3568 § 1, 12/20/2016; Ord. 3367 § 2, 8/15/2009)

Editor's note— Ord. 3568 § 1, adopted Dec. 20, 2016, deleted § 13.63.170 entitled "Review by Department of Community and Economic Development," which derived from Ord. 3367 § 2, adopted Aug. 15, 2009.

Stormwater discharge permits, issued by the City of Port Angeles Department of Public Works and Utilities, shall be required for any of the following activities if they drain into a City stormwater facility:

A.

Draining water from a chlorinated water source such as a swimming pool or hot tub.

B.

Car washing which is not permitted as a commercial or industrial use, and which drains directly or indirectly to the City's stormwater system.

C.

Building and sidewalk washing.

D.

All new development or redevelopment which does not require a building permit or clearing and grading permit, but which discharges stormwater either directly or indirectly to the City's stormwater system. Building and clearing and grading permits shall apply all standards and requirements established in the City's Urban Service Standards and Guidelines Manual, by City ordinances, and the Department of Ecology's SWMMWW (2014). Stormwater inspection and storm drain connections fees shall be charged on the building permit or clearing and grading permit.

(Ord. 3568 § 1, 12/20/2016; Ord. 3367 § 2, 8/15/2009)

A.

All site development activities shall comply with the standards, specifications and requirements contained in the City of Port Angeles' Urban Services Standards and Guidelines.

B.

For all site developments, the City adopts and requires the use of the minimum requirements, thresholds and definitions defined in Appendix 1 of the City of Port Angeles' Western Washington Phase II Municipal Stormwater Permit.

C.

For all site developments that require a stormwater treatment, flow control, or on-site stormwater management BMP/facility, the City adopts and requires the use of Chapters 2, 3 and 4 and Appendices 1-C, 1-D and 1-E, Volume I, Chapters 3 and 4, Volume II; the entirety of Volume III; the entirety of Volume IV, and the entirety of Volume V of the Department of Ecology's 2014 Stormwater Management Manual for Western Washington (SWMMWW [2014]), or most recent update.

D.

Low impact development (LID) facilities are encouraged to improve water quality and aesthetics, as well as to reduce the size and cost of flow control and treatment facilities. LID facilities proposed in any site development shall be designed in accordance with the Department of Ecology's SWMMWW (2014) and shall take into account site and soil conditions, access and long-term maintenance.

E.

Stormwater site plans and permanent stormwater control plans in accordance with Chapters 3 and 4 of Volume I of the Department of Ecology's SWMMWW [2014] are required and will be reviewed by the City for all site development activities that disturb one acre or more.

F.

Beneficial use of roof runoff harvested for non-potable uses is allowed as expressly permitted and conditioned by the Director.

(Ord. 3568 § 1, 12/20/2016; Ord. 3367 § 2, 8/15/2009)

Site development activities shall require the submittal of documents prepared by a qualified professional engineer or under the direction of a licensed engineer when one of the following conditions exists:

A.

Any land use or building or development on real property that involves the construction of structural source control BMPs or drainage conveyance systems;

B.

Any land use or building or development on real property that requires a flow control or treatment or LID facility;

C.

Any land use of building development on real property that involves engineering calculations as part of a construction stormwater pollution prevention plan (SWPPP);

D.

Any improvements within the boundaries of the City of Port Angeles right-of-way for which the City will ultimately assume responsibility for maintenance; or

Any site development activity that the Director deems to be in the public's best interest to require that certain site development activity permit application submittal documents be prepared by a licensed engineer.

(Ord. 3568 § 1, 12/20/2016; Ord. 3367 § 2, 8/15/2009)

All site development activities that discharge stormwater off-site which adds 10,000 square feet or more of new or replaced impervious surface, or that convert three-quarters of an acre of pervious surfaces to lawn or landscaped areas, or that convert 2.5 acres or more forested area to pasture shall include, along with other required submittal documents, an off-site drainage analysis as described in the City's Urban Services Standards and Guidelines Manual. The off-site analysis shall be prepared by a qualified professional engineer and based on a field investigation of the development's off-site contributing and receiving drainage areas.

(Ord. 3568 § 1, 12/20/2016; Ord. 3367 § 2, 8/15/2009)

All site development activities where grading or the construction of retention facilities, detention facilities, dispersion facilities, infiltration BMPs/facilities or other stormwater facilities are proposed on slopes greater than 15 percent, within 200 feet of slopes steeper than 30 percent, near a landslide area, near an environmentally sensitive area, or where the Director deems that the proposed construction poses a potential hazard due to its proximity to a slope, shall, when required by the Director, include a geotechnical analysis, prepared by a qualified engineer. The geotechnical analysis shall address the effects of groundwater interception and infiltration, seepage, potential slip planes and changes in soil bearing strength.

(Ord. 3568 § 1, 12/20/2016; Ord. 3367 § 2, 8/15/2009)

All site development activities where infiltration BMPs/facilities (including infiltration basins, trenches, ponds, bioretention, permeable pavement, rain gardens, and downspout infiltration BMPs) are proposed or where the soils underlying the proposed project have not been mapped, or where existing soils maps of the project site are inconsistent, or where the Director deems that existing soils maps of the project site are not of sufficient resolution to allow proper engineering analysis, shall include a soils investigation report, by a qualified professional. Exemptions may be granted for rain garden retrofit projects.

(Ord. 3568 § 1, 12/20/2016; Ord. 3367 § 2, 8/15/2009)

Proposed modifications to an approved permit must be submitted to the Department of Community and Economic Development and be reviewed for compliance with this chapter. Substantial proposed modifications, as determined by the Director, shall require additional review fees and shall require re-issuance of the required permit. Minor proposed modifications may be accepted by the Director without requiring the re-issuance of the accepted permit or the payment of additional review fees.

(Ord. 3367 § 2, 8/15/2009)

A.

All final drainage, grading, clearing or other site development activities requiring acceptance from the City of Port Angeles Department of Public Works and Utilities shall include a plan for the control of erosion and sedimentation as required in Chapter 6 of the City's Urban Service Standards and Guidelines Manual and in Chapter 15.28 of the Port Angeles Municipal Code for the period beginning with the commencement of site development activity and continuing without interruption until permanent site stabilization is achieved.

B.

No clearing, grubbing, grading or other construction activity may take place on a project site until an erosion and sedimentation control plan has been approved by the Department of Public Works and Utilities.

(Ord. 3367 § 2, 8/15/2009)

A.

Any person or persons holding title to a property for which stormwater facilities and BMPs have been required by the City of Port Angeles shall be responsible for the continual operation, maintenance and repair of the stormwater facilities and BMPs in accordance with the provisions of this chapter.

B.

For privately maintained stormwater facilities, the maintenance requirements specified in the Department of Ecology's SWMMWW (2014), Chapter 4, Volume V, shall be required of the owner(s) of the subject property served by the stormwater facility.

(Ord. 3568 § 1, 12/20/2016; Ord. 3367 § 2, 8/15/2009)

A.

Prior to the beneficial use of a project constructed under a City building permit or a stormwater discharge permit, the owner shall record a maintenance covenant which guarantees the City of Port Angeles that the stormwater facilities shall be properly operated, maintained and inspected. The restrictions set forth in such covenant shall be included in any instrument of conveyance of the subject property and shall be recorded with the Clallam County Auditor.

B.

Maintenance covenants shall remain in force for the life of the development, or until the responsibility for the operation and maintenance of the subject stormwater facilities is accepted by the City of Port Angeles.

C.

Maintenance covenants shall include the maintenance standards specified by the Department of Ecology's SWMMWW (2014), Chapter 4, Volume V, a list of maintenance activities and proposed inspection intervals for each element of the private stormwater system, and a guarantee that any maintenance necessary for any element of the stormwater system will be performed to the standards specified by the Department of Ecology's SWMMWW (2014), Chapter 4, Volume V and within the following schedule:

1.

Within one year for wet pool facilities and retention/detention ponds;

2.

Within six months for typical maintenance;

3.

Within nine months for maintenance requiring re-vegetation;

4.

Within two years for maintenance that requires capital construction of less than $25,000.00.

D.

After satisfactory completion of a stormwater treatment and/or flow control facility meeting minimum requirements #6 and/or #7 or final plat approval, a stormwater facility maintenance bond or other surety acceptable to the City must be posted that warrants the satisfactory performance and maintenance of the stormwater facility for a period of two years. If the City assumes maintenance of the facility, the stormwater facility maintenance bond shall be posted for a period of two years from the date the City assumes maintenance responsibilities.

(Ord. 3568 § 1, 12/20/2016; Ord. 3367 § 2, 8/15/2009)

A.

The City's regulatory source control program hereby is initiated to satisfy ecology's minimum requirements described in the 2019-2024 Phase II Municipal Stormwater Permit and developed to serve the community and future generations by working to protect human and environmental health from contaminated stormwater runoff. The purpose of this program is to prevent and reduce pollutants in runoff from businesses and operations occurring within City limits.

B.

Local business owners, identified by the City as having the potential to pollute (as described in the City's stormwater management program (SWMP) plan), are required to participate in the program. Business owner participation in the program consists of:

1.

Engaging with the City in all necessary communications, scheduling, information gathering, documentation, and records requests in a timely and professional manner.

2.

Utilize the City's source control program digital tracking and reporting platform, as it becomes available.

3.

Provide access to the site and all applicable parameters of the site for inspections or re-inspections.

4.

The business owner, or qualified designee, shall attend each inspection or re-inspection.

5.

Implement operational and structural stormwater best management practices (BMPs) that apply to the site and are required by the City.

6.

Document applicable source control policies and procedures.

7.

Provide business specific stormwater management and source control trainings to staff.

8.

Under the umbrella of AKART, comply with City issued directives deemed necessary to reduce pollution or risk of pollution being generated in stormwater runoff from their site.

C.

Stormwater best management practices (BMPs) for source control are described in volume IV of the SWMMWW. All business owners are required to implement or apply BMPs listed as applicable to all sites. Activity specific BMPs that are applicable to a site shall be implemented and applied appropriately. Structural source control BMPs, or treatment BMPs/facilities, or both, shall be required for pollutant generating sources if operational source control BMPs do not prevent illicit discharges or violations of surface water, groundwater, or sediment management standards because of inadequate stormwater controls.

D.

All structural or operational BMPs that apply to a business site or activity shall be documented and maintained in the business owner's policies and procedures and used to train staff and perform self-inspections, maintenance, and updates. In cases where the SWMMWW lacks guidance for a specific source of pollutants, the business owner/operator shall work with the City to implement or adapt BMPs based on the best professional judgement of the City.

E.

After an inspection, the City will communicate inspection results with the business owner, or other responsible party, in writing. Items or deficiencies identified by the City as requiring improvement, upgrade, or maintenance will be listed along with a reasonable timeframe for the work to be completed.

F.

In situations where deficiencies are found or elevated risk can and should be reduced using AKART, the City will attempt to provide or connect the responsible party with relevant education, technical expertise, and resources. Despite the City's efforts to assist, support, and provide resources, the responsible party maintains full responsibility for the deficient situation and for achieving satisfactory resolution.

G.

A business maintains compliance with the source control program by:

1.

Participating in the program, as described in subsection B above;

2.

Implementing the required BMPs applicable to the site; and by

3.

Satisfying post-inspection directives necessary to reduce or eliminate contaminated runoff or risk of pollution given by the City and within the timeframes specified.

If the City determines, through inspections or otherwise, that a business is noncompliant with program requirements, the City will implement progressive enforcement until compliance is regained.

H.

Progressive enforcement is intended to encourage the business owner to address the issues of non-compliance resulting in reducing or eliminating pollution or risk of pollution by incrementally applying progressively adverse consequences to continued non-compliance. The City's progressive enforcement policy, applicable to the source control program, as well as the overall stormwater management program, is as follows:

1.

Issuance of a notice of noncompliance (NoNC) to the business and/or property owner(s), defining:

i.

The specific issue(s) of non-compliance;

ii.

Specific corrective actions to be taken, if applicable;

iii.

A pathway for the responsible party to regain compliance, if applicable;

iv.

A reasonable time for the responsible party to comply that is appropriate to the situation and as determined solely by the City;

v.

Contact information for a person or department at the City capable of providing assistance to the responsible party regarding the NoNC.

2.

Issuance of an order to maintain or repair, if applicable, and as defined in PAMC 13.63.470. If appropriate, an order to maintain or repair may be issued in conjunction with a notice of violation.

3.

Issue a notice of violation (NOV), as defined in PAMC 13.63.480. Progressive enforcement after issuance of a NOV is described in multiple subsections of this chapter, depending on circumstances, and may include assessment of civil penalty and initiation of a lawsuit.

4.

Assessment of civil penalties and other costs associated, as described in PAMC 13.63.480 and 13.63.500.

5.

Initiate appropriate legal remedies to collect civil penalties, as described in PAMC 13.63.510.

The City's progressive enforcement policy may be applied by the City to an extent deemed appropriate by the City and as determined to be in the best interest of the City. The City retains the right to skip steps in the progressive enforcement policy, if warranted, as determined by the City. Recourse to any single remedy shall not preclude recourse to any other remedies available to the City.

I.

Resolution to a hazardous or potentially hazardous situation is described in PAMC 13.63.530.

(Ord. 3694 § 2, 7/5/2022)

A.

The City is authorized to enter at all reasonable times in or upon any property, public or private, for the purpose of operating or maintaining the storm and surface water facilities, or to inspect or investigate any condition relating to the stormwater utility; provided, that the City shall first obtain permission to enter from the owner or person responsible for such premises. If entry is refused, the City shall have recourse to every remedy provided by law to secure entry. Notwithstanding the foregoing, whenever it appears to the City that conditions exist requiring immediate action to protect the public health or safety, the City is authorized to enter at all reasonable times in or upon any property, public or private, for the purpose of inspecting, investigating or correcting such emergency condition.

B.

Alternatively, a private property owner can choose to hire, at the owner's expense, a qualified third party contractor to conduct stormwater system and facility inspections and submit the inspection results to the City. The contractor shall require pre-approval from the City.

(Ord. 3568 § 1, 12/20/2016; Ord. 3367 § 2, 8/15/2009)

The City will accept for maintenance those new residential stormwater facilities constructed under an approved City building permit or stormwater discharge permit that meet the following conditions:

A.

Improvements in residential plats/PRD's have been completed on at least 80 percent of the lots, unless waived by the Director; and

B.

All drainage facilities have been inspected and accepted by the Director and said drainage facilities have been in satisfactory operation for at least two years; and

C.

All drainage facilities reconstructed during the maintenance period have been accepted by the Director; and

D.

The stormwater facility, as designed and constructed, conforms to the provisions of this chapter; and

E.

All easements and tracts required under this chapter, entitling the City to properly operate and maintain the subject drainage facility, have been conveyed to the City of Port Angeles and have been recorded with the Clallam County Auditor; and

F.

For non-standard drainage facilities, an operation and maintenance manual, including a maintenance schedule, has been submitted to and accepted by the City of Port Angeles; and

G.

A complete and accurate set of reproducible mylar as-built drawings have been provided to the City of Port Angeles; and

H.

A maintenance fee will be assessed to cover the City's costs for maintenance of the stormwater facilities for the life of the development. The fee will be determined based on the complexity and maintenance requirements of the system and the City's labor and equipment costs.

(Ord. 3367 § 2, 8/15/2009)

The City of Port Angeles will accept for maintenance those stormwater facilities for residential developments existing prior to the effective date of the ordinance codified in this chapter that meet the following conditions:

A.

Improvements in residential plats/PUD's have been completed on at least 80 percent of the lots; and

B.

An inspection by the Director has determined that the stormwater facilities are functioning as designed; and

C.

The stormwater facilities have had at least two years of satisfactory operation and maintenance, unless otherwise waived by the Director; and

D.

The person or persons holding title to the properties served by the stormwater facilities submit a petition containing the signatures of the title holders of more than 50 percent of the lots served by the stormwater facilities requesting that the City maintain the stormwater facilities; and

E.

All easements required under this chapter, entitling the City to properly operate and maintain the subject stormwater facilities, have been conveyed to the City of Port Angeles and have been recorded with the Clallam County Auditor; and

F.

The person or persons holding title to the properties served by the stormwater facilities shows proof of the correction of any defects in the drainage facilities, as required by the Director; and

G.

A maintenance fee will be assessed to cover the City's costs for maintenance of the stormwater facilities for the life of the development. The fee will be determined based on the complexity and maintenance requirements of the system and the City's labor and equipment costs.

(Ord. 3367 § 2, 8/15/2009)

A.

Drainage easements shall be provided in a proposed development for all stormwater conveyance systems that are not located in public rights-of-way or tracts. The drainage easements shall be granted to the parties responsible for providing on-going maintenance of the systems.

B.

Drainage easements through structures are not permitted.

C.

Stormwater facilities that are to be maintained by the City of Port Angeles, together with maintenance access roads to the facilities, shall be located in a public right-of-way, separate tract dedicated to the City of Port Angeles, or drainage easement located in designated open space. The exception is for stormwater conveyance pipes that may be located within easements on private property, provided that all catch basins can be accessed without entering private property.

D.

All runoff from impervious surfaces, roof drains and yard drains shall be directed so as not to adversely affect adjacent properties. Wording to this effect shall appear on the face of all final plats/PUD's, and shall be contained in any covenants required for a development.

(Ord. 3367 § 2, 8/15/2009)

A storm drain main extension may be required whenever there is the potential to service more than one residence or customer and either the property to be served does not abut a storm drain main or the existing storm drain main is not adequate to provide the necessary service. Main extensions shall be extended to the far side (upstream) property line of the premises being served.

(Ord. 3568 § 1, 12/20/2016; Ord. 3367 § 2, 8/15/2009)

A.

The person desiring a storm drain main extension shall apply to the Director requesting permission to extend the City's stormwater system.

B.

The Director shall review the application, and, if the requested extension is determined to be a proper extension of the stormwater system, shall provide the petitioner with the design requirements for the extension.

C.

If the requested main extension is determined to be an improper extension of the stormwater system, the application shall be denied.

(Ord. 3694 § 2, 7/5/2022; Ord. 3367 § 2, 8/15/2009)

Upon receipt of the design requirements from the department, the petitioner shall prepare plans and specifications for the extension to be prepared. All design and construction plans and specifications shall be in accordance with this chapter and the City's Urban Services Standards and Guidelines Manual. The completed plans and specifications shall have a valid Washington State Professional Engineer's seal and endorsement and shall be submitted to the department for review and approval.

(Ord. 3367 § 2, 8/15/2009)

After approval of the plans and specifications, the department will provide the petitioner with an estimate of the construction inspection fee. A construction permit will be issued after the inspection fees and estimated main connection charges set forth in a resolution authorized by Chapter 1.25 PAMC have been deposited with the City Treasurer. If the Director determines that the remaining funds are not adequate to provide necessary inspection for project completion, the City with notify the petitioner with an estimate of additional inspection fee required. The additional fees must be deposited with the City Treasurer prior to depletion of the funds on deposit. Any monies unexpended from the inspection deposit upon completion of the project will be returned to the petitioner. See Appendix B for fees and charges.

(Ord. 3719 § 1, 9/5/2023; Ord. 3367 § 2, 8/15/2009)

A.

Storm drain main extensions may be made by private contract, through local improvement district procedure, or by department forces.

B.

Any main extension built by parties other than the department's forces shall be done by a licensed and bonded contractor of the State of Washington.

C.

Extension by the department's forces shall be at the expense of the person requesting construction of the main.

D.

All main extensions must be in the City's frontage of the applicant's property and/or other public rights-of-way.

(Ord. 3367 § 2, 8/15/2009)

A.

The City reserves the right to reject any installation not inspected and approved by the department.

B.

Upon satisfactory completion of all required tests and acceptance of the main extension, the department shall cause the extension to be connected to the City system. All costs incurred in such connection(s), including overhead and administrative charges, shall be the responsibility of the petitioner. Any adjustment on the actual cost of installation because of variance between the estimate and the actual cost shall be adjusted by refund upon completion of the job by the petitioner or by payment by the petitioner to the City of any additional expense above the estimate.

C.

No storm drain main extension shall be put into service other than for test purposes by duly authorized personnel until the main extension has been accepted by the City and all fees and charges have been paid.

(Ord. 3367 § 2, 8/15/2009)

A.

Upon completion of a main extension, the petitioner shall provide the department a reproducible mylar drawing that accurately indicates the main extension and appurtenances as actually installed in plan and profile.

B.

No main extension will be accepted until satisfactory "as built" drawings are provided.

(Ord. 3367 § 2, 8/15/2009)

A.

The permit holder shall provide the City with a deed of conveyance for all main extensions as a condition of acceptance of the main extension by the City.

B.

The transfer of any main to the City shall be on the condition that the owner, district, company, constructor, or contributor shall transfer or provide for any necessary and proper franchise.

(Ord. 3367 § 2, 8/15/2009)

The construction or installation of any structure, the connection to a public storm drainage facility, the illicit or illegal discharge to a public storm drainage facility, violations of the construction site stormwater pollution prevention plan, or the failure to operate and maintain a permitted stormwater facility which violate the provisions of this chapter shall be declared to be unlawful and a public nuisance and may be abated as such through the use of civil penalties, stop-work orders, water service shut offs, education and outreach as well as any other remedies which are set forth in this chapter, including, but not limited to, revocation of any permits. If the Director chooses to utilize Title 9 of this Code then a violation of any provision of this chapter shall constitute a Class II misdemeanor. Each violation shall constitute a separate infraction for each and every day or portion thereof during which the violation is committed, continued or permitted. The choice of enforcement action taken and the severity of any penalty shall be based on the nature of the violation, the damage or risk to the public or to public resources, and the response of the offender to less severe enforcement actions.

(Ord. 3367 § 2, 8/15/2009)

A.

Permit-related inspections. The Director or his designee shall have access to any site for which a site development activity permit has been issued pursuant to section 13.63.270 during regular business hours for the purpose of on-site review and to ensure compliance with the terms of such permit. The applicant for any such permit shall agree in writing, as a condition of issuance thereof, that such access shall be permitted for such purposes.

B.

Inspection for cause. Whenever there is cause to believe that a violation of this title has been or is being committed, the Director or his designee is authorized to inspect the project or property, and any part thereof reasonably related to the violation, during regular business hours, and at any other time reasonable under the circumstances. The applicant for any site development activity permit under this chapter shall, as a condition of issuance of such permit, agree in writing that access to the project site which inhibits the collection of information relevant to enforcement of the provisions of this chapter shall be grounds for issuance of a stop work order by the Director or his designee.

C.

Programmatic inspections. During normal business hours, the Director or their designee shall be provided reasonable access to any property, facility, or business required to participate in the City's source control program for existing developments, operations and maintenance program for private stormwater facilities regulated by the City, or other programs developed under the City's stormwater management program and necessary to satisfy requirements of ecology's phase II permit. Programmatic inspections require a qualified representative from the business, property, or organization to provide access, attend the inspection, and, where able, participate in the inspection alongside City staff. The City will attempt to schedule the inspection or re-inspection with the responsible party in advance of the inspection. During the inspection, the City shall be permitted to take photos or video documentation of conditions relevant to the inspection. Barring reasonable access to the property will be considered as non-compliance with the program and the City will implement progressive enforcement recourses, as described in PAMC 13.63.275.

D.

Stormwater related inspection fees are set forth in a resolution authorized by Chapter 1.25 PAMC, see Appendix B.

(Ord. 3719 § 1, 9/5/2023; Ord. 3694 § 2, 7/5/2022; Ord. 3568 § 1, 12/20/2016; Ord. 3367 § 2, 8/15/2009)

Prior to making any inspections, the Director or his assignee shall present identification credentials, state the reason for the inspection and request entry.

A.

If the property or any building or structure on the property is unoccupied, the Director or his assignee shall first make a reasonable effort to locate the owner or other person(s) having charge or control of the property or portions of the property and request entry.

B.

If after reasonable effort, the Director or his assignee is unable to locate the owner or other person(s) having charge or control of the property, and has reason to believe the condition of the site or of the stormwater drainage system creates an imminent hazard to persons or property, the inspector may enter.

(Ord. 3367 § 2, 8/15/2009)

In the event that water quality testing is utilized in determining whether a violation of this chapter has occurred, the water quality test procedures shall be followed as described in the most recent edition of the Code of Federal Regulations, Part 136.

(Ord. 3367 § 2, 8/15/2009)

Stop work order means a written notice, signed by the Director or his assignee, that is posted on the site of a construction activity, which order states that a violation of a City of Port Angeles ordinance has occurred and that all construction-related activity, except for erosion and sedimentation control activities authorized by the Director, is to cease until further notice. The Director may cause a stop work order to be issued whenever the Director has reason to believe that there is a violation of the terms of this section. The effect of such a stop work order shall be to require the immediate cessation of such work or activity until authorization is given by the Director to proceed.

(Ord. 3367 § 2, 8/15/2009)

Every person who violates this chapter, or the conditions of a building permit or stormwater discharge permit plan, shall be liable for a civil penalty. The penalty shall not be less than $100.00 or exceed $1,000.00 for each violation. This penalty shall be in addition to any other penalty provided by law. Each and every such violation shall be a separate and distinct offense, and each day of continued or repeated violation shall constitute a separate violation.

(Ord. 3367 § 2, 8/15/2009)

Any person who, through an act of commission or omission, aids or abets in the violation shall be considered to have committed a violation for the purposes of the civil penalty.

(Ord. 3367 § 2, 8/15/2009)

The Director shall have the authority to issue to an owner or person an order to maintain or repair a component of a stormwater facility or BMP to bring it in compliance with this section. The order shall include:

A.

A description of the specific nature, extent and time of the violation and the damage or potential damage that reasonably might occur;

B.

A notice that the violation or the potential violation cease and desist and, in appropriate cases, the specific corrective actions to be taken; and

C.

A reasonable time to comply, depending on the circumstances.

(Ord. 3367 § 2, 8/15/2009)

Whenever the Director has found that a violation of this section has occurred or is occurring, the Director is authorized to issue a notice of violation directed to the person or persons identified by the Director as the violator.

A.

The notice of violation shall contain:

1.

The name and address of the property owner;

2.

The street address, when available, or a legal description sufficient to identify the building, structure, premises or land upon or within which the violation is occurring;

3.

A statement of the nature of such violation(s);

4.

A statement of the action that is required to be taken within 21 days from the date of service of the notice of violation, unless the Director has determined the violation to be hazardous and to be requiring immediate corrective action, or unless the corrective action constitutes a temporary erosion control measure;

5.

A statement that a cumulative civil penalty in the amount of not less than $100.00 and not exceeding $1,000.00 per day shall be assessed against the person to whom the notice of violation is directed for each and every day following the date set for correction on which the violation continues; and

6.

A statement that the Director's determination of violation may be appealed to the City Manager by filing written notice of appeal, in duplicate, with the City Manager's Office within 20 days of service of the notice of violation. The per diem civil penalty shall not accrue during the pendency of such administrative appeal unless the violation was determined by the Director to be hazardous and to require immediate corrective action or was determined by the Director to constitute a temporary erosion control measure.

B.

The notice of violation shall be served upon the person(s) to whom it is directed either personally or by complaint in superior court proceedings or by mailing a copy of the notice of violation by certified mail.

(Ord. 3367 § 2, 8/15/2009)

A notice of violation issued pursuant to this chapter shall have the following appeal options:

A.

Within 30 days from the date of receipt of the notice of violation, the aggrieved person may make application for relief from penalty to the Director. Such application shall contain any information relevant to the situation that the aggrieved party believes the Director should consider. The Director may cancel, lower or affirm the penalty.

B.

Within 15 days from the date of receipt of the Director's response to said application for relief from penalty, the aggrieved party may have the appeal considered by the City Council at its next available regularly scheduled meeting date following the filing of the appeal. The City Council shall issue their decision within 15 days of the completion of the hearing. The aggrieved party shall be notified by certified mail of the determination of the City Council.

(Ord. 3367 § 2, 8/15/2009)

Any person found to be in violation of this chapter shall be responsible for the costs of investigation by the City. Such cost may include staff time, equipment, materials, shipping charges, the analytical services of a certified laboratory, and any other related costs.

(Ord. 3694 § 2, 7/5/2022; Ord. 3367 § 2, 8/15/2009)

The civil penalty constitutes a personal obligation of the person(s) to whom the notice of violation is directed. Penalties imposed under this chapter shall become due and payable 30 days after receiving notice of penalty unless an appeal is filed. The City Attorney, on behalf of the City, is authorized to collect the civil penalty by use of appropriate legal remedies, the seeking or granting of which shall neither stay nor terminate the accrual of additional per diem penalties so long as the violation continues.

(Ord. 3367 § 2, 8/15/2009)

The Director and the City Attorney are authorized to enter into negotiations with the parties or their legal representatives named in a lawsuit for the collection of civil penalties to negotiate a settlement, compromise or otherwise dispose of a lawsuit when to do so will be in the best interest of the City, provided that a report shall be submitted to the City Manager in any instance when a compromise settlement is negotiated.

(Ord. 3367 § 2, 8/15/2009)

A.

Whenever the Director determines that any existing construction site, erosion/sedimentation problem, drainage facility, illicit discharge or illicit connection poses a hazard to public safety or substantially endangers property, or adversely affects the condition or capacity of the drainage facilities, or adversely affects the safety and operation of City right-of-way, or violates state water pollution laws, the person to whom the permit was issued, or the person or persons holding title to the property within which the construction site, erosion/sedimentation problem, drainage facility, illicit discharge or illicit connection is located, shall upon receipt of notice in writing from the Director, repair or otherwise address the cause of the hazardous situation in conformance with the requirements of this chapter.

B.

Should the Director have reasonable cause to believe that the situation is so adverse as to preclude written notice, he may take the measures necessary to eliminate the hazardous situation, provided that he shall first make a reasonable effort to locate the owner before acting, in accordance with section 13.63.270. In such instances, the person or persons holding title to the subject property shall be obligated for the payment to the City of Port Angeles of all costs incurred by the City. If costs are incurred and a bond pursuant to this chapter or other City requirement has been posted, the Director shall have the authority to collect against the bond to cover costs incurred.

(Ord. 3367 § 2, 8/15/2009)

No person engaged in the collection and disposal of materials from cesspools, septic tanks, chemical toilets, portable toilets and privies, as a business or commercial enterprise, or any individual person, may discharge into the sanitary sewer system any of the materials so collected without having first obtained from the Director of Public Works and Utilities a septic tank discharge permit. Such permit shall be nontransferable.

(Ord. 2394 Ch. V § 1, 6/2/1986)

Wastes discharged into the sanitary sewer system shall be discharged only at the City's sewage treatment plant and in a clean, inoffensive manner satisfactory to the Director of Public Works and Utilities. Equipment and methods used by the permittee to discharge, if offensive, shall be grounds for refusal to grant such permit.

(Ord. 3146 § 1 (part), 9/26/2003; Ord. 2394 Ch. V § 2, 6/2/1986)

The discharger of such waste shall, as a condition of the septic tank discharge permit, maintain a manifest of each load discharged at the sewage treatment plant. A copy of the manifest shall be given to the City at the time of discharge. The manifest shall be on a form approved by the Director of Public Works and Utilities and contain all information required by the Director, including the composition and volume of the discharge and the name and address of the septic tank owner or other discharger.

(Ord. 3146 § 1 (part), 9/26/2003; Ord. 2394 Ch. V § 3, 6/2/1986)

The City will periodically sample and test the discharge.

(Ord. 2394 Ch. V § 4, 6/2/1986)

Discharge of waste permitted under this chapter shall be made at the City's sewage treatment plant during regularly scheduled workdays from 7:00 a.m. to 3:00 p.m.

(Ord. 3146 § 1 (part), 9/26/2003; Ord. 2394 Ch. V § 5, 6/2/1986)

Each discharger must pay an annual fee in addition to a monthly fee for the volume that is discharged at the sewage treatment plant as set forth in a resolution authorized by Chapter 1.25 PAMC, see Appendix B; provided that no annual fee is required for a long-term septage hauler under contract with the City. Such contract must be for a term of at least one year. For purposes of determining the rate, fresh waste is waste that has not begun to decompose or waste chemically treated to reduce BOD and suspended solid loading. Fresh waste has a BOD5 loading less than 400 mg/l and a suspended solids loading less than 400 mg/l. All other waste is deemed septic discharge.

(Ord. 3719 § 1, 9/5/2023; Ord. 3191 § 1, 3/11/2005; Ord. 2932 § 40 (part), 10/11/1996; Ord. 2394 Ch. V § 6, 6/2/1986)

The monthly rates for wastewater service are set forth in a resolution authorized by Chapter 1.25 PAMC.

(Ord. 3719 § 1, 9/5/2023; Ord. 3341, 1/1/2009)

The Director of Public Works and Utilities will assign each customer to a rate class.

(Ord. 3719 § 1, 9/5/2023; Ord. 3341, 1/1/2009)

There is hereby established a charge for connection to the Lincoln Street storm sewer, which will be charged for all new storm sewer service connections to the storm sewer collection line constructed by the City in Lincoln Street between 4th Street and 8th Street. This charge shall be called the Lincoln Street Storm Sewer Connection Charge.

(Ord. 3306 § 1, 12/2/2007)

The Lincoln Street storm sewer connection charge is set forth in a resolution authorized by Chapter 1.25 PAMC, see Appendix B.

(Ord. 3719 § 1, 9/5/2023; Ord. 3306 § 2, 12/2/2007)

The Lincoln Street storm sewer connection charge imposed pursuant to this ordinance shall be in addition to the connection charge for the actual cost of connecting to the City's storm sewer system, the tapping fee, and to all other charges imposed by ordinance.

(Ord. 3306 § 3, 12/2/2007)

The Lincoln Street storm sewer connection charge shall be paid (1) upon connection to the storm sewer, or (2) upon application for a building permit for work that increases impervious surface by five percent or more over the existing impervious surface on the lot. Connection to the system shall not be made until the Lincoln Street storm sewer connection charge, standard connection charges, the tapping fee, and any other charges imposed by ordinance have been paid.

(Ord. 3306 § 4, 12/2/2007)

The proceeds from the Lincoln Street storm sewer connection charge shall be deposited in the stormwater utility fund.

(Ord. 3306 § 5, 12/2/2007)

Pursuant to RCW 35.92.025, a charge for interest shall be added to the Lincoln Street storm sewer connection charge. Such interest shall be added to the Lincoln Street storm sewer connection charge. Such interest shall be from the date of construction of the Lincoln Street storm sewer facilities until payment of the Lincoln Street storm sewer facilities, not to exceed ten years. Interest charged shall be calculated at a rate commensurate with the rate of interest applicable to the City at the time of construction of the storm sewer facilities but not to exceed ten percent per year; provided that the aggregate amount of interest shall not exceed the amount of the Lincoln Street storm sewer connection charge unless authorized by amendment of applicable state law.

(Ord. 3306 § 6, 12/2/2007)

The City shall record appropriate notice with the County Auditor concerning real property which has been specifically identified by the City Engineer and approved by the City Council as property for which the Lincoln Street storm sewer facilities have been constructed and for which the special connection charge will be levied upon connection of such property to the City storm sewer system pursuant to the requirements of Chapter 35.44.180 RCW. Such notice shall be effective until there is recorded with the Clallam County Auditor a certificate of payment and release executed by the City, which certificate shall be recorded by the City within 30 days of full payment of such special connection charge.

(Ord. 3306 § 7, 12/2/2007)

There is hereby established a charge for connection to the Milwaukee Drive trunk sanitary sewer, which will be charged for all new sewer service connections to the sanitary sewer trunk line constructed by the City in Milwaukee Drive between 10th Street and 18th Street.

(Ord. 2618 § 1, 11/16/1990)

The Milwaukee Drive trunk sewer connection charge is set forth in a resolution authorized by Chapter 1.25 PAMC, see Appendix B.

(Ord. 3719 § 1, 9/5/2023; Ord. 3008 § 2, 1/29/1999; Ord. 2618 § 2, 11/16/1990)

The Milwaukee Drive trunk sewer connection charge imposed pursuant to this chapter shall be in addition to the connection charge for the actual cost of connecting to the City's sewer system, the tapping fee, the secondary sewer assessment, and to all other charges imposed by ordinance.

(Ord. 2618 § 3, 11/16/1990)

The Milwaukee Drive trunk sewer connection charge shall be paid upon application for a sewer permit. Connection to the system shall not be made until the Milwaukee Drive trunk sewer connection charge, standard connection charges, the tapping fee, the secondary sewer assessment, and any other charges imposed by ordinance have been paid.

(Ord. 2618 § 4, 11/16/1990)

The proceeds from the Milwaukee Drive trunk sewer connection charge shall be deposited in the solid waste utility fund until the sum of $125,000.00 has been deposited; thereafter, such charges shall be deposited in the water/sewer utility fund.

(Ord. 2618 § 5, 11/16/1990)

Pursuant to RCW 35.92.025, there shall be added to the amount of trunk sewer connection charge provided for in this chapter, a charge for interest on the amount of each charge, from the date of construction of the trunk sewer line until payment of the trunk sewer connection charge, not to exceed ten years. The interest charged shall be calculated at a rate determined by the Finance Director. The interest charged shall be calculated at a rate which is commensurate with the rate of interest applicable to borrowing by the City at the time of construction of said trunk sewer line. The interest rate shall not exceed ten percent per year unless authorized by amendment of applicable State law. The total interest charge shall not exceed the amount of the trunk sewer connection charge unless authorized by amendment of applicable State law.

(Ord. 2618 § 6, 11/16/1990)

The City shall record appropriate notice with the County Auditor concerning real property which has been specifically identified by the City Engineer and approved by the City Council as property for which the Milwaukee Drive trunk sewer line has been constructed, for which a special connection charge will be levied upon connection of such property to the City sewer system, pursuant to the requirements of RCW 65.08.170 and RCW 65.08.180. Such notice shall be effective until there is recorded with the County Auditor a certificate of payment and release executed by the City, which certificate shall be recorded by the owner at the owner's expense within 30 days of full payment of such special connection charge.

(Ord. 2618 § 7, 11/16/1990)

The purpose of this developer reimbursement ordinance is to define the rules and regulations for executing contracts between the City and developers for private construction of municipal water, sewer, storm sewer and street system improvements by providing means for partial cost recovery through a charge to later users of the systems who did not contribute to the capital costs thereof and for establishing assessment reimbursement areas defining which property is subject to such charges.

(Ord. 2732 § 1, 12/25/1992)

The following definitions shall apply to this ordinance:

A.

"Assessment reimbursement area" or "benefit area" means that area within the city or within ten miles of the City limits, which area includes parcels of real estate adjacent to, or likely to require connection to or service by, the water, sewer, storm sewer, and/or street system improvements constructed by a developer who has applied to the City for a developer reimbursement agreement pursuant to this ordinance.

B.

"Cost of construction" means those costs incurred for design, acquisition of right-of-way and/or easements, labor, materials and installation as required to create an improvement which complies with City standards. In the event of a disagreement between the City Engineer and the developer concerning the "cost of construction" in a particular situation, the determination of the Director of Public Works and Utilities shall be final.

C.

"Developer reimbursement agreement" means a written contract between the City, as approved and executed by the City Engineer, and one or more property owners providing for construction of water, sewer, storm sewer and/or street system facilities and for partial reimbursement to the party causing such improvements to be made of a portion of the costs of such improvements by owners of property benefitted by the improvements, as authorized and described in Chapters 35.72 and 35.91 RCW.

D.

"Developer reimbursement charge" or "assessment" means a fair pro rata charge to be paid by an owner of property within an area benefitted by the private construction of municipal water, sewer, storm sewer and/or street system improvements pursuant to this ordinance.

E.

"Street system improvements or facilities" means the acquisition of right-of-way and/or easements, design, inspection, grading, paving, installation of curbs, gutters, sidewalks, street lighting, traffic control devices and other similar improvements in accordance with City standards.

F.

"Water, sewer, and storm sewer system improvements or facilities" means the acquisition of right-of-way and/or easements, design, inspection and installation of improvements to City standards and includes the following:

1.

"Water system improvements" includes such things as reservoirs, wells, mains and appurtenances such as valves, fire hydrants, telemetry stations, pumping stations, and pressure reducing stations;

2.

"Sewer system improvements" includes such things as treatment plants, mains and manholes, pump stations, force mains, and telemetry stations;

3.

"Storm sewer system improvements" includes such things as mains, retention/detention facilities, pumping stations, inlets, catch basins, and manholes.

(Ord. 2732 § 2, 12/25/1992)

A.

Any property owner, who uses private funds to construct water, sewer, storm sewer and/or street system improvements where the cost of construction is greater than $6,000.00, said limit to be adjusted annually in accordance with the ENR (Engineering News-Record) Construction Cost Index, in the City or within the City's utility service area, to connect to existing City water, sewer, storm sewer or street systems for the purpose of serving the area in which the real property of such owner is located, may apply to the City to establish a developer reimbursement agreement in order to recover a pro rata share of the costs from subsequent users of the system(s).

B.

The application must be on a form prescribed by the City Engineer and include the fee as set forth in a resolution authorized by Chapter 1.25 PAMC, see Appendix B.

C.

The City Engineer may require the applicant to submit a certified statement by a State of Washington licensed professional engineer containing an itemization of the total projected cost of the system improvements and a copy of the design drawings and specifications.

D.

The City Engineer is authorized to establish policies and procedures for processing applications and determining eligibility of a system for a developer reimbursement agreement consistent with the requirements of this ordinance.

E.

Applicants for developer reimbursement agreements must be in compliance with all City ordinances, rules and regulations in order to be eligible for processing of such agreements.

F.

A developer reimbursement agreement application shall not be accepted for the improvement of a developer's abutting right-of-way and transitions as required pursuant to City ordinance. An exception may be allowed when vertical grade and alignment changes are required by the City Engineer to promote traffic safety and the City Engineer recommends a developer reimbursement agreement.

G.

The proposed improvements must be consistent with the comprehensive utility and/or transportation plans of the City.

H.

The City must have the capability and capacity to service the water, sewer, storm sewer and/or street facilities.

I.

The applicant must agree to an annexation covenant for the property to be serviced by the proposed improvements, if such are located outside the City limits and any such improvements must be located no further than ten miles outside the City.

J.

The application must comply with the requirements of this ordinance and all other applicable City ordinances.

(Ord. 3719 § 1, 9/5/2023; Ord. 3270, 1/26/2007; Ord. 2932 § 41, 10/11/1996; Ord. 2732 § 3, 12/25/1992)

A.

The City Engineer shall formulate an assessment reimbursement area (benefit area) based on the following:

1.

For water, sewer and storm sewer systems. The assessment reimbursement area shall be based upon a determination of which parcels did not contribute to the original cost of the utility system improvement(s) and are located so that they may subsequently be served by or use such improvement(s), including through laterals or branches connecting thereto.

2.

For street systems. The assessment reimbursement area shall be based upon a determination of which parcels adjacent to the improvements would require similar street improvements upon development.

B.

The City Engineer will determine the assessment or charges for parcels within the assessment reimbursement area by calculating the fair pro rata share of the cost of construction for each property which might tap, connect or be served by the system(s), determined on an acre, front footage, equivalent water meter, or other equitable basis.

C.

A notice containing the assessment reimbursement area boundaries, the preliminary assessments or charges, and a description of the property owner's rights and options under this ordinance, including the right to request a public hearing before the City Council with regard to the area boundaries and assessments, will be forwarded by registered mail to the property owners of record as shown on the records of the Clallam County Assessor within the proposed assessment reimbursement area.

D.

If any property owner requests a hearing in writing within 20 days of the mailing of the notice, a hearing shall be held before the City Council. Notice of such hearing shall be given to all affected property owners.

E.

All notice requirements set forth in this ordinance shall be the sole responsibility of the applicant and shall be satisfied by a notarized affidavit that the applicant has mailed the notices pursuant to the requirements set forth herein.

F.

After reviewing the public hearing testimony and the preliminary determination of the City Engineer, the City Council may approve, modify or reject the assessment reimbursement area and/or charges. The City Council's determination shall be final.

(Ord. 2732 § 4, 12/25/1992)

A.

The application for developer reimbursement agreement and the non-refundable application fee shall be submitted to the City Engineer prior to acceptance by the City of the improvements. The application shall be in compliance with the requirements of this ordinance and all other applicable City ordinances.

B.

After the construction has been completed and accepted by the City in accordance with the terms of the developer reimbursement agreement, the final cost of the improvements shall be reviewed against the preliminary assessments established by the City Engineer and the agreement and charges shall be modified accordingly.

C.

The developer reimbursement agreement and a notice of the agreement and charge shall be recorded in the Clallam County Auditor's office within 30 days of the final execution of the agreement. It shall be the sole responsibility of the applicant to record the agreement and notice.

D.

The applicant shall mail a copy of the agreement and notice to each owner of record of all properties subject to the developer reimbursement charge. The applicant shall provide a notarized affidavit that the applicant has mailed the agreement and notice.

E.

Once the agreement and notice are recorded and mailed, the developer reimbursement agreement and charge shall be binding on all owners of record within the assessment reimbursement area.

(Ord. 2947, 1/31/1997; Ord. 2732 § 5, 12/25/1992)

The City reserves the right to refuse to enter into any developer reimbursement agreement or to reject any application thereof. All applicants for developer reimbursement agreements shall be deemed to release and waive any claims for any liability of the City in the establishment and enforcement of such agreements. The City shall not be responsible for locating any beneficiary or survivor entitled to benefits under developer reimbursement agreements. Any collected funds not claimed by a developer prior to the expiration of a developer reimbursement agreement shall inure to the benefit of the appropriate utility and/or fund approved by the City Council.

(Ord. 2732 § 6, 12/25/1992)

No developer reimbursement agreement shall extend for a period longer than 15 years from the date of final acceptance by the City. If the developer is reimbursed for the cost of the improvements prior to the expiration of the agreement, then further developer reimbursement charges and payments shall not be made.

(Ord. 2756 § 3, 4/16/1993; Ord. 2732 § 7, 12/25/1992)

A.

Upon approval of a developer reimbursement agreement and the completion and acceptance of construction, the system(s) shall become the property of the City. The City may charge and receive fees for utility system use according to the city's established rates.

B.

A copy of the engineering "as built" plans, specifications and drawings, including all necessary right-of-way and easement documents shall be provided to the City prior to acceptance of the water, sewer, storm sewer and/or street facilities.

C.

No connection to or other use of the facilities will be allowed or permitted until the City has officially accepted the construction.

(Ord. 2732 § 8, 12/25/1992)

The applicant shall be responsible for all work found to be defective within one year after the date of acceptance of the improvements by the City. The applicant shall provide the City with a "maintenance guarantee bond" or equivalent acceptable to the City in the amount of ten percent of the value of the water, sewer, storm sewer and/or street system(s) to be in effect for a period of one year from the date of final approval and acceptance of the system(s). If the applicant does not correct the work within a reasonable period after notice of the defect, the City shall be reimbursed for costs of correcting such defective work either by the applicant or by the bond proceeds.

(Ord. 2732 § 9, 12/25/1992)

A.

Except as otherwise provided in subsection 10.B., connection to or use of the system(s) shall be prohibited and development permission shall not be granted unless the city has received payment, or acceptable assurance of payment, of the developer reimbursement charge, including interest and administration costs.

B.

The City will exercise its best efforts to assure compliance with this section; provided, however, that in no event shall the City incur liability for an unauthorized connection to or use of the facilities.

(Ord. 2732 § 10, 12/25/1992)

Whenever any tap or connection is made into any water, sewer and/or storm sewer system(s) without payment being made as required by this ordinance, the City Engineer may cause to be removed such unauthorized tap or connection and all connecting pipe located in the City right-of-way without any liability to the City or City officials.

(Ord. 2732 § 11, 12/25/1992)

A.

The beneficiary of a developer reimbursement agreement will receive interest in accordance with the terms of this section.

B.

If the charge is paid within 30 days from the date of execution of the agreement, no interest is payable. Otherwise, interest is payable from the date of execution of the agreement to the date of payment of the developer reimbursement charge.

C.

The rate of interest will be fixed at the Federal Reserve rate for a ten-year treasury note on the date the developer reimbursement agreement is recorded.

D.

Interest is calculated on the basis of a 365-day year and is not compounded.

E.

Total interest payable may not exceed the principal amount of the developer reimbursement charge.

(Ord. 3425, 4/15/2011; Ord. 2732 § 12, 12/25/1992)

Each developer reimbursement charge will include a fee for reimbursement for the City's administration costs as set forth in a resolution authorized by Chapter 1.25 PAMC, see Appendix B.

(Ord. 3719 § 1, 9/5/2023; Ord. 2732 § 12, 12/25/1992)

A.

Each payment of the developer reimbursement charge shall be made to the City in one lump sum including interest and administrative costs. The City will pay over the amounts due to the beneficiary within 60 days of receipt.

B.

When the developer reimbursement fee for a particular lot or parcel has been paid, at the request of the owner/payor the City Engineer will approve a certification of payment which may be recorded by said owner.

C.

Throughout the term of the agreement the beneficiary shall in writing certify annually in January the name(s) and address(es) of the beneficiary. The City is not responsible for locating any person who may be entitled to benefits under any agreement. Failure to receive the annual certification required under this subsection will give the city cause to refuse to make payment under the agreement, and money received may become the sole and exclusive property of the City.

(Ord. 2732 § 14, 12/25/1992)

The City Council has determined that it is reasonable and in the public interest to enact and impose a "system development charge" pursuant to RCW 35.92.025 for the purpose of recovering a proportionate share of the actual capital costs of water and sewer facilities from those properties within the utility service area which, as a part of their development and use, create needs for those facilities.

(Ord. 2746 § 1, 2/12/1993)

"Equivalent water meter" shall mean a water service connection to a residential unit, commercial use, or industrial use, consisting of a three-fourths-inch or one-inch diameter service line with a five-eigths-inch or three-fourths-inch meter.

(Ord. 3265 § 4, 1/1/2007; Ord. 2746 § 2, 2/12/1993)

The City Council hereby finds and determines that the capital cost of the City's water system including pumps, well, distribution and transmission lines, reservoirs, rights-of-way and easements, has been borne by the City and its water system users. Pursuant to RCW 35.92.025, the City has established a reasonable connection charge as set forth in a resolution authorized by Chapter 1.25 PAMC in order that newly connecting properties bear their equitable share of the capital cost of the system. Such charge is in addition to other fees imposed by ordinance or agreements. See Appendix B for fees and charges.

(Ord. 3719 § 1, 9/5/2023; Ord. 3380 § 6, 1/4/2010; Ord. 3342, 1/1/2009; Ord. 3226 § 5, 1/1/2006; Ord. 3068, 12/6/2000; Ord. 3035 § 1 (part), 11/26/1999; Ord. 2888 § 1, 9/29/1995; Ord. 2746 § 3, 2/12/1993)

The City Council hereby finds and determines that the capital cost of the City's sewer system including the treatment plant, collection lines, pump stations, rights-of-way and easements, has been borne by the City and its sewer system users. Pursuant to RCW 35.92.025, the City has established a reasonable connection charge as set forth in a resolution authorized by Chapter 1.25 PAMC in order that newly connecting properties bear their equitable share of the capital cost of the system. Such charge is in addition to other fees imposed by ordinance or agreements. See Appendix B for fees and charges.

(Ord. 3719 § 1, 9/5/2023; Ord. 3380 § 6, 1/4/2010; Ord. 3342, 1/1/2009; Ord. 3227 § 2, 1/1/2006; Ord. 3068, 12/6/2000; Ord. 3035 § 1 (part), 11/26/1999; Ord. 2888 § 2, 9/29/1995; Ord. 2746 § 4, 2/12/1993)

The equivalent water meter factors for determining the proportional equivalent of various sizes of water meters to a three-fourths-inch or one-inch diameter service line with a five-eighths-inch meter shall be in accordance with the following data provided in AWWA Standard C700-77:

If the actual water meter size installed is increased to provide for fire sprinkler installation, then the Director of Public Works and Utilities shall determine the appropriate equivalent water meter factor based upon a standard installation for the use without fire sprinklers.

(Ord. 3265 § 4, 1/1/2007; Ord. 2746 § 5, 2/12/1993)

The system development charge for water and sewer imposed pursuant to this ordinance shall be in addition to any permits and the connection charge or tap charge for the actual cost of connecting to the City's water and/or sewer systems and to all other charges imposed by ordinance.

(Ord. 2746 § 6, 2/12/1993)

The system development charges imposed in this ordinance shall be payable at the time application for a sanitary sewer service and/or water service connection is made. Charges so collected shall be considered revenue of the water/wastewater utility to be used solely for capital improvements. The connection shall not be made until all charges have been paid.

(Ord. 2746 § 7, 2/12/1993)

No such charge shall be made where the owner or previous owner of the property paid for the water main or sewer line giving service to the property by special assessment or lump sum payment.

(Ord. 2746 § 8, 2/12/1993)

If the property for which a system development charge has been paid is subsequently included in a local improvement district for the construction of sewers and/or water mains of a similar nature, the amount so paid shall be credited to the assessment against such property and such amount shall be paid from the water/sewer fund to such improvement district fund.

(Ord. 2746 § 9, 2/12/1993)

The system development charge for water and sewer imposed by this ordinance shall be periodically reviewed by the City Council and the rates charged shall be revised to reflect changes in the capital cost of the systems occurring since the preceding review.

(Ord. 2746 § 10, 2/12/1993)

In the event any connection to the City water or sewer system is made without paying the fees required by this ordinance, the owners of the property to which the connection is made shall be required to pay a fine in the amount of $250.00. Utility service shall be terminated until all fees and penalties owing have been paid.

(Ord. 3265 § 4, 1/1/2007; Ord. 2746 § 11, 2/12/1993)

There is hereby established a charge for connection to the Ediz Hook sanitary sewer, which will be charged for all new sewer service connections to the sanitary sewer facilities constructed by the City on Ediz Hook.

(Ord. 2832 § 1, 8/26/1994)

The Ediz Hook sewer connection charge is set forth in a resolution authorized by Chapter 1.25 PAMC, see Appendix B.

(Ord. 3719 § 1, 9/5/2023; Ord. 3008 § 1, 1/29/1999; Ord. 2832 § 2, 8/26/1994)

The Ediz Hook sewer connection charge imposed pursuant to this ordinance shall be in addition to the connection charge for the actual cost of connecting to the City sewer system, the tapping fee, the secondary sewer assessment, and to all other charges imposed by ordinance.

(Ord. 2832 § 3, 8/26/1994

The Ediz Hook sewer connection charge shall be paid upon application for a sewer permit unless otherwise agreed upon between the property owner and/or lessee and the City. Connection to the system shall not be made until the Ediz Hook sewer connection charge, standard connection charges, the tapping fee, the secondary sewer assessment, and any other charges imposed by ordinance have been paid.

(Ord. 2832 § 4, 8/26/1994)

Pursuant to RCW 35.92.025, a charge for interest shall be added to the Ediz Hook sewer connection charge. Such interest shall be from the date of construction of the Ediz Hook sewer facilities until payment of the Ediz Hook sewer connection charge, not to exceed ten years. The interest charged shall be calculated at a rate commensurate with the rate of interest applicable to the City at the time of construction of the sewer facilities but not to exceed ten percent per year; provided that the aggregate amount of interest shall not exceed the amount of the Ediz Hook sewer connection charge unless authorized by amendment of applicable state law.

(Ord. 2832 § 5, 8/26/1994)

The City shall record appropriate notice with the County Auditor concerning real property which has been specifically identified by the City Engineer and approved by the City Council as property for which the Ediz Hook sewer facilities have been constructed and for which the special connection charge will be levied upon connection of such property to the City sewer system pursuant to the requirements of Chapter 65.08 RCW or as otherwise provided by agreement between the City and the property owner(s) and/or lessee(s). Such notice shall be effective until there is recorded with the Clallam County Auditor a certificate of payment and release executed by the City, which certificate shall be recorded by the owner or lessee at the owner's or lessee's expense within 30 days of full payment of such special connection charge.

(Ord. 2832 § 6, 8/26/1994)

There is hereby established a charge for connection to the Upper Golf Course Road sanitary sewer, which will be charged for all new sewer service connections to the sanitary sewer facilities constructed by the City for ULID 215. The Upper Golf Course Road sewer connection charge shall apply to all properties outside ULID 215 and to sewer service connections for all service connections for properties within ULID 215, for which equivalent service connections were not assessed pursuant to ULID 215.

(Ord. 3038 § 1, 11/26/1999)

The Upper Golf Course Road sewer connection charge is set forth in a resolution authorized by Chapter 1.25 PAMC, see Appendix B.

(Ord. 3719 § 1, 9/5/2023; Ord. 3360, 3/13/2009; Ord. 3038 § 2, 11/26/1999)

The Upper Golf Course Road sewer connection charge imposed pursuant to this chapter shall be in addition to the connection charge for the actual cost of connecting to the City sewer system, the tapping fee, the secondary sewer assessment, and to all other charges imposed by ordinance.

(Ord. 3038 § 3, 11/26/1999)

The Upper Golf Course Road sewer connection charge shall be paid upon application for a sewer permit unless otherwise agreed upon between the property owner and the City. Connection to the system shall not be made until the Upper Golf Course Road sewer connection charge, standard connection charges, tapping fee, secondary sewer assessment, and any other charges imposed by ordinance have been paid.

(Ord. 3038 § 4, 11/26/1999)

Pursuant to RCW 35.92.025, a charge for interest shall be added to the Upper Golf Course Road sewer connection charge. When a connection is made to a lot that was in existence on November 26, 1999, and has not been subdivided since that date, such interest shall be from the date of final formation of ULID 215 until payment of the Upper Golf Course Road sewer connection charge, not to exceed ten years. When a connection is made to a lot that was created by subdivision after November 26, 1999, such interest shall be from the effective date of this ordinance; provided however, that no interest shall be charged for connection fees paid within 120 days after the effective date of this ordinance. The interest charged shall be calculated at a rate commensurate with the rate of interest applicable to the City at the time of construction of the sewer facilities, not to exceed ten percent per year; provided that the aggregate amount of interest shall not exceed the amount of the Upper Golf Course Road sewer connection charge unless authorized by amendment of applicable state law.

(Ord. 3360, 3/13/2009; Ord. 3038 § 5, 11/26/1999)

The City shall record appropriate notice with the County Auditor concerning real property, which has been specifically identified by the City Engineer and approved by the City Council as property for which the Upper Golf Course Road sewer facilities have been constructed and for which the special connection charge will be levied upon connection of such property to the City sewer system pursuant to the requirements of Chapter 65.08 RCW or as otherwise provided by agreement between the City and the property owner. Such notice shall be effective until there is recorded with the Clallam County Auditor a certificate of payment and release executed by the City, which certificate shall be recorded by the owner at the owner's expense within 30 days of full payment of such special connection charge.

(Ord. 3038 § 6, 11/26/1999)

There is hereby established a charge for connection to the WUGA water and wastewater mains for all new service connections to, or served by, the water and wastewater mains constructed by the City in U.S. 101 between Doyle Avenue and Eclipse Industrial Parkway, and along Eclipse Industrial Parkway.

(Ord. 3393, 3/12/2010; Ord. 3233, 1/27/2006)

The WUGA water and wastewater connection charges imposed pursuant to this chapter shall be in addition to the charge for the actual cost of connecting to the City's water and wastewater systems, the tapping fees including standard service connection fees, the system development charges, and to all other charges imposed by ordinance.

(Ord. 3393, 3/12/2010; Ord. 3233, 1/27/2006)

The WUGA water connection charge is set forth in a resolution authorized by Chapter 1.25 PAMC, see Appendix B.

(Ord. 3719 § 1, 9/5/2023; Ord. 3393, 3/12/2010; Ord. 3380 § 7, 1/4/2010; Ord. 3233, 1/27/2006)

The WUGA wastewater connection charge is set forth in a resolution authorized by Chapter 1.25 PAMC, see Appendix B.

(Ord. 3719 § 1, 9/5/2023; Ord. 3393, 3/12/2010; Ord. 3380 § 7, 1/4/2010; Ord. 3233, 1/27/2006)

For existing DCWA customers being disconnected from DCWA and connected to the City water system, fees must be paid to the City within 14 days of the applicant's receipt of the refunded amount of applicable membership share(s) from DCWA. For all other customers, fees must be paid pursuant to Chapter 1.25.020, see Appendix B.

(Ord. 3719 § 1, 9/5/2023; Ord. 3393, 3/12/2010; Ord. 3233, 1/27/2006)

The proceeds from the WUGA water connection charge shall be deposited in the water utility fund until the sum of $2,920,000 has been deposited.

(Ord. 3233, 1/27/2006)

The proceeds from the WUGA wastewater connection charge shall be deposited in the wastewater utility fund until the sum of $862,000 has been deposited.

(Ord. 3233, 1/27/2006)

Pursuant to RCW 35.92.025, there shall be added to the amount of water and wastewater connection charges provided for in this chapter, interest on the amount of each charge, from the date of construction of the water and wastewater main until payment of the water and wastewater connection charges, not to exceed ten years. The interest rate shall be set at six percent per year as authorized by applicable State law. The total interest charge shall not exceed the amount of the trunk sewer connection charge unless authorized by applicable State law.

(Ord. 3233, 1/27/2006)

The City shall record appropriate notice with the County Auditor concerning real property that has been specifically identified by the City Engineer and approved by the City Council as property for which the WUGA water and wastewater main has been constructed, for which a special connection charge will be levied upon connection of such property to the City water and wastewater system, pursuant to the requirements of RCW 65.08.170 and RCW 65.08.180. Such notice shall be effective until there is recorded with the County Auditor a certificate of payment and release executed by the City, which certificate shall be recorded at the owner's expense within 30 days of full payment of such special connection charge.

(Ord. 3233, 1/27/2006)

Pursuant to the authority of RCW 35.21.766, ESHB 1635, Chapter 482, Laws of 2005, and 35.27.370(15), as now existing or hereafter amended and the police power of the City of Port Angeles to protect and preserve the public health, safety and welfare, the ambulance regulatory authority established by the City in 1980 as Chapter 5.08 PAMC, and the Medic I program established in 1983 as Chapter 8.36, as amended, are hereby reauthorized, ratified and continued as a public utility of the City. The program is thus reauthorized, ratified and continued, and for purposes of this chapter, shall be referred to as "the utility."

(Ord. 3215 § 2 (part), 9/30/2005)

For purposes of this chapter, the following terms shall have the following meanings:

A.

"Advanced life support" means invasive emergency medical services requiring advanced medical treatment skills as defined in Chapter 18.71 RCW.

B.

"Ambulance" means a ground vehicle designed and used to transport the ill and injured and to provide personnel, facilities, and equipment to treat patients before and during transportation.

C.

"Ambulance service" or "ambulance operator" means an agency, public or private, that operates one or more ambulances, responding to a 911 or aid call for service within the City, including advanced life support, basic life support and transport services.

D.

"Basic life support" means noninvasive emergency medical services requiring basic medical treatment skills as defined in Chapter 18.73 RCW.

E.

"Board" means the Port Angeles Medic I Board created pursuant to this chapter.

F.

"Emergency medical care" or "emergency medical service" means medical treatment and care which may be rendered at the scene of any medical emergency or while transporting any patient in an ambulance to an appropriate medical facility, including ambulance transportation between medical facilities.

G.

"Emergency medical technician" means a person who is authorized by the Secretary of the Department of Health to render emergency medical care pursuant to RCW 18.73.081.

H.

"Emergency pre-hospital care personnel" means personnel certified to provide emergency medical care under Chapters 18.71 and 18.73 RCW.

I.

"First responder" means a person who is authorized by the Secretary of the Department of Health to render emergency medical care pursuant to RCW 18.73.081.

J.

"Medic I personnel" means any person who is acting on behalf of the Port Angeles Fire Department and who has been certified as a paramedic or emergency medical technician.

K.

"Operating an ambulance" means the use of an ambulance in any of the following manners:

1.

An ambulance stationed within the City.

2.

An ambulance dispatched from within or without the Port Angeles City limits which repeatedly or customarily makes trips for hire to pick up the sick or injured from within the City.

L.

"Patient" means an individual who is sick, injured, wounded, or otherwise incapacitated or helpless.

M.

"Person" means any individual, firm, partnership, association, corporation, company, group of individuals acting together for a common purpose, or organization of any kind, including a government agency.

N.

"Port Angeles Consolidated Dispatch" or "dispatch" means the Police/Fire Dispatch Center located within the Port Angeles Police Department.

O.

"Response time" means the time from the ambulance service being notified by dispatch to arrival of the ambulance on scene.

P.

"Secretary" means the Secretary of the Washington State Department of Social and Health Services.

Q.

"Service fee" means the monthly fee levied by the utility upon persons within the boundaries of the City.

R.

"System" means the entire system of ambulance services provided by the utility or over which the utility has regulatory control by virtue of contract, franchise, or other service agreement or arrangement legally recognized by the City.

S.

"Utility" means the City of Port Angeles, Washington Ambulance Service Utility, including without limitation all equipment, employees, agents, supplies, overhead and other associated costs incurred to deliver all regulatory and ambulance services.

(Ord. 3215 § 2 (part), 9/30/2005)

The purpose of the utility is to regulate users and providers of all ambulance services; to generate revenue to assist in paying for the regulatory scheme authorized by this chapter; to ensure 24-hour ALS service within the City; to assist in paying for the particular benefits conferred upon residents and other occupants within the City; and to mitigate the burdens on the system by the different users of the system.

(Ord. 3215 § 2 (part), 9/30/2005)

The utility shall have the authority, by and through the City Manager or his/her designee, to collect and spend fee revenue authorized in this chapter in amounts sufficient to regulate, operate, and maintain the utility.

(Ord. 3215 § 2 (part), 9/30/2005)

The City Manager, or his/her designee, is hereby authorized to promulgate any and all regulations necessary to implement the provisions of this chapter including that all public and private ambulance providers retain highly trained, qualified and experienced personnel; maintain appropriate certifications and qualifications, insure appropriate fleet management and equipment maintenance; satisfy minimum emergency vehicle specifications; insure response times that protect the public health, welfare and benefit of all Port Angeles residents, businesses and other ambulance customers; deliver a level of care service consistent with or exceeding industry standards; comply with transport protocols; provide procedures for customer inquiries and complaints and insure coordination with Port Angeles Dispatch and other public safety communications.

(Ord. 3215 § 2 (part), 9/30/2005)

No person shall operate, or cause to be operated, an ambulance in the City without first securing from the City Clerk a business license in accordance with Chapter 5.08 PAMC.

(Ord. 3215 § 2 (part), 9/30/2005)

Each ambulance licensed pursuant to the terms of this chapter shall contain the business license or a reasonable facsimile thereof, prominently displayed in the interior of the ambulance in a position where the same may be seen and read by any person.

(Ord. 3215 § 2 (part), 9/30/2005)

The purpose of this part is to benefit the public health and welfare by providing emergency medical and ALS services.

(Ord. 3215 § 2 (part), 9/30/2005)

The City of Port Angeles shall operate through the Fire Department a Medic I Program to provide emergency medical and advanced life support services. It shall be one part of the utility.

(Ord. 3215 § 2 (part), 9/30/2005)

A.

Fee. A monthly service fee for the operation of the utility is established in conformity with RCW 35.21.766.

B.

Classifications. The monthly service fee will be collected from each of the following utility user classifications:

1.

Residential.

2.

Adult family homes.

3.

Assisted living facilities.

4.

Twenty-four-hour nursing facilities.

5.

Group homes.

6.

Jail facilities.

7.

Schools.

8.

Commercial/business.

9.

City public areas.

The owner or occupant of each unit in such classifications is responsible for payment of this utility fee for the availability and use of ambulance services.

C.

Service fee exemptions/reductions.

1.

All vacant, unoccupied parcels are exempt from the utility fee.

2.

Utility customers may be eligible for the City's senior and disabled low income discount pursuant to PAMC Chapter 13.20.

3.

Any change in use of a parcel or any other change in circumstance that eliminates application of an exemption from the service fee will immediately make the affected property subject to applicable service fees. The service fee is due and payable as of the date the exemption no longer applies.

4.

Monthly rates will not be prorated. Initial and final charges may be prorated in accordance with the City's standard utility proration practices.

5.

Any customer seeking an exemption from payment of the service fee and/or conversion from covered to exempt status, must file a written petition for an exemption with the Finance Director.

6.

The combined rates charged reflect an exemption for persons who are Medicaid eligible and who reside in a nursing facility, boarding home, adult family home, or receive in-home services.

7.

The combined rates charged may reflect an exemption or reduction for designated classes consistent with Article VIII, Section 7 of the State Constitution.

8.

The amounts of exemption or reduction will be a general expense of the utility, and designated as an availability cost, to be spread uniformly across the utility user classifications.

9.

Multiple residential units that are served by a single utility connection have the option of: (1) paying the utility fees for the units as a single combined amount; or (2) charging a monthly fee to each unit occupant. Those that select the first option are entitled to a rate adjustment based on average occupancy, and receive a 25 percent reduction from the utility fees.

10.

Federal or State subsidized multi-family housing complexes that are served by a single utility connection will receive a 30 percent reduction in the combined rates charged from the utility fees. For purposes of this subsection, subsidized housing means housing provided to people who are categorized: (1) as low-income, and (2) are 65 years of age, or have mental or physical disabilities or who without the subsidized housing, would be homeless.

D.

Periodic service fee review. The City Manager will periodically perform financial review and analysis of the utility's revenues, expenses, indebtedness, fees and accounting, and recommend budgets, fee adjustments and financial policy amendments or additions for adoption by the City Council.

E.

The total revenue generated by the rates and charges shall not exceed the total costs necessary to regulate, operate, and maintain an ambulance utility.

(Ord. 3719 § 1, 9/5/2023; Ord. 3418 § 1, 1/3/2011; Ord. 3387 § 1, 1/4/2010; Ord. 3215 § 2 (part), 9/30/2005)

The monthly utility charge will be collected in accordance with Chapter 13.16 PAMC; provided that, customers who have multiple utility accounts will be billed for one monthly charge for each service address.

(Ord. 3719 § 1, 9/5/2023; Ord. 3215 § 2 (part), 9/30/2005)

There is hereby created a special revenue fund to be known as the Port Angeles Ambulance Utility Fund. All fees, charges and transfers provided for in this chapter shall be paid into that fund. It shall be used to pay the costs and expenses of the utility. Revenues generated by the rates and charges shall be deposited only into the Port Angeles Ambulance Utility Fund and be used only for the purpose of paying for the cost of regulating, maintaining, and operating the utility. The City Manager or his/her designee may use money in the ambulance utility fund to pay the cost of providing ambulance services to City residents or employees from businesses within the City who are underinsured or uninsured.

(Ord. 3215 § 2 (part), 9/30/2005)

A.

Each person who is transported by the City's Medic I Program shall be billed by the City at the rates set forth in a resolution authorized by Chapter 1.25 PAMC. However, each person assessed a monthly utility charge under PAMC 13.73.300 and who is: (1) a City resident, or (2) is an employee of a business within the City will not be billed beyond their insurance coverage, and any co-payments and deductibles are deemed to be satisfied by payment of their monthly utility charges, provided the person: (1) supplies the City with all requested information and documentation including, but not limited to, insurance information and medical records relative to billing for the ambulance service; and (2) assigns to the City the patient's right to receive payment from all applicable third-party payers.

B.

For the purpose of this section, a City resident refers to a person who is not a guest, visitor, or other temporary inhabitant and whose sole residence is in the City. A student who is regularly enrolled in an educational institution outside the City, but who would normally and regularly be a City resident but for attendance at such educational institution, is deemed a resident.

(Ord. 3719 § 1, 9/5/2023; Ord. 3215 § 2 (part), 9/30/2005)

All fee revenue received through direct billing shall be allocated to the demand-related costs.

(Ord. 3215 § 2 (part), 9/30/2005)

If ambulance charges not covered by third-party payers create a financial hardship, those charges may be waived or reduced in accordance with the income-based discount chart developed by the Fire Chief based on current federal poverty guidelines for Washington State as may be updated or revised from time to time.

(Ord. 3215 § 2 (part), 9/30/2005)

The City shall allocate from the general fund each year an amount not less than 70 percent of the total general fund revenue expended for the utility as of May 5, 2004.

(Ord. 3215 § 2 (part), 9/30/2005)

Before any rate or fee is added or modified, it shall be reviewed by the Utility Advisory Committee. In connection with such review the committee shall solicit and consider public comment regarding the fee. The committee shall use methods of notification reasonably designed to alert interested persons and companies about the proposed fee. In addition, for issues concerning the fees authorized by this Part C, an additional voting member shall be appointed to the Utility Advisory Committee pursuant to PAMC 2.68. The member shall vote only on issues concerning fees authorized by Part C of this chapter.

(Ord. 3255 § 2, 9/15/2006; Ord. 3215 § 2 (part), 9/30/2005)

The charges for the ambulance service authorized by this chapter shall be construed and implemented to be consistent with applicable Medicare and Medicaid requirements. If any method or procedure authorized by this chapter for the purposes of establishing, implementing, imposing or collection of charges for ambulance service is found or determined to be in conflict with Medicare or Medicaid requirements, the conflicting part of this chapter shall be inoperative to the extent of the conflict and such finding or determination shall not affect the operation of the remainder of this chapter.

(Ord. 3215 § 2 (part), 9/30/2005)