Chapter 13.12 PUBLIC SEWER SYSTEM

(4) “B.O.D.” is the abbreviation for biochemical oxygen demand, the quantity of oxygen utilized in the biochemical oxidation of organic matter in five days at twenty degrees Celsius under standard laboratory procedure expressed in milligrams per liter.

(5) “Building” means any structure the use of which requires location or attachment to something on the ground and which is used for human occupancy, employment or recreation.

(6) “Building drain” means the lowest part of a building’s drainage system where it connects to the building sewer.

(7) “Building sewer” means the piping of a drainage system which extends from the building drain to the side sewer.

(8) “Building sewer contractor” means a person who constructs, installs, repairs, excavates or connects building sewers, and who is licensed as such by Kitsap County.

(9) “County” means all portions of Kitsap County exclusive of areas within the boundaries of municipalities which are empowered to provide sewerage service but including those areas of municipalities which are served by sewerage systems which are owned, operated or maintained by Kitsap County.

(10) “Director” means the director of Kitsap County department of public works or a duly authorized representative.

(11) “Equivalent residential unit” means a sewage service unit which is substantially equivalent to a single-family residence in sewage output and function.

(12) “Garbage” means putrescrible material resulting from the preparation and consumption of food except body waste, swill and animal carcasses.

(13) “Parts per million” is equivalent to milligrams per liter.

(14) “Person” means any individual, firm, company, corporation, partnership, association, society or group.

(15) “pH” means the negative logarithm of the concentration of hydrogen ions (H+) in a solution measured in standard units; pH is the intensity factor of acidity.

(16) “Properly shredded garbage” means garbage which has been shredded so that all particles may be carried freely under the sewage flow conditions normally prevailing and which has no particle greater than one-quarter inch in any dimension.

(17) “Public sewer” means a sewer owned by a governmental body or public utility and/or which is operated and maintained by the county.

(18) “Sanitary sewer” means a sewer that carries sewage.

(19) “Sewage” means the liquid and liquid-carried wastes from residences, commercial buildings, industrial plants and institutions together with minor quantities of ground, storm and surface waters that are not intentionally admitted.

(20) “Sewage treatment facilities” means structures, equipment and processes used to collect, carry and treat sewage.

(21) “Side sewer” means piping from a public sewer to the property line of the parcel served and to which a building sewer is connected.

(22) “Suspended solids” means particles that float on or are suspended in sewage and which may be substantially removed by filtering; measured in milligrams per liter.

(Ord. 55-I (1996) § 1 (part), 1996: Ord. 55 (1974) § 1, 1974)

13.12.015 Relationship to comprehensive plan and Growth Management Act.

Provisions set forth in this chapter are to be consistent with and implement the Kitsap County Comprehensive Plan in accordance with Chapter 36.70A RCW.

(Ord. 494 (2012) § 4, 2012: Ord. 493 (2012) § 4, 2012)

13.12.020 Connection with public sewer required.

A proposal to develop, redevelop, or substantially remodel a structure that increases the volume or strength of sewage above the permitted design capacity of the on-site sewage system located within an Urban Growth Area (UGA) which is or will be situated within two hundred feet of an existing public sewer main that has adequate capacity to serve shall connect. A structure served by a septic system located within a UGA which has been determined by the Health District to be failing and in need of repair and is located within two hundred feet of a public sewer main that has adequate capacity to serve shall be required to connect. The two-hundred-foot distance shall be measured along the usual or most feasible route to access. Connection may be authorized outside of a UGA if consistent with RCW 36.70A.110(4).

Such connection shall be made entirely at the expense of the owner. Prior to such connection, the owner shall connect every toilet, sink, stationary washstand, washing machine, dishwasher, shower, bathtub or other device producing sewage located on the premises so that the sewage thereby produced will be transported to the building drain. In the case of buildings under construction, any use or occupancy of such buildings is unlawful until such connection has been made.

(Ord. 494 (2012) § 5, 2012: Ord. 493 (2012) § 4, 2012; Ord. 55-B (1978) § 1, 1978; Ord. 55 (1974) § 2, 1974)

13.12.025 Waivers.

The director may waive the requirements in this chapter upon making findings that the following criteria are met:

(a) The waiver is based on unusual and site-specific conditions that are not created by the property owner; and

(b) The requirements of this chapter impose a severe and unexpected economic hardship on the applicant. Sewer connection fees and rates shall not be considered in the determination of a severe and unexpected economic hardship; and

(c) The grant of a waiver will not increase the risk to the public health and welfare, nor be injurious to other properties in the vicinity, to properties downstream or to the quality of the waters of the state; and

(d) The grant of a waiver will in no way prevent or deter the extension of public sewers at any future date; and

(e) The grant of a waiver will meet the objectives of safety, function, appearance, environmental protection and maintainability based on sound engineering judgment.

In granting a waiver, the director has the authority to impose conditions, including but not limited to requiring a no-protest agreement for future connection to public sewer.

(Ord. 494 (2012) § 6, 2012: Ord. 493 (2012) § 4, 2012; Res. 132-1984, 1984)

13.12.030 Connection or repair by director.

(a) Any repairs to a building sewer deemed necessary by the director shall be made by a licensed sewer contractor or the owner of the real property on which the building sewer is situated within thirty days after the director mails notice by certified mail to the owner specifying the repairs required; provided, the director may provide less than thirty days if he believes an emergency exists.

(b) In the event that a connection is not made within the time and manner specified in Section 13.12.020 or in the event that repairs are not made as specified in subsection (a) of this section, the director may forthwith cause the same to be made. The director shall thereupon charge the owner for such expenditures and shall thereafter certify such expenditures, if not paid, to the Kitsap County treasurer. Such expenditures shall constitute a lien upon the premises and bear interest at eight percent per year.

(Ord. 55-A (1975) § 1 (part), 1975; Ord. 55 (1974) § 3, 1974)

13.12.040 Permit required prior to connection.

(a) It is unlawful for any person other than a licensed building sewer contractor or the owner of the real property on which the building sewer is situated to construct, uncover, repair, replace, alter, disturb any building sewer or to make any connection with or opening into any public sewer or side sewer. It is unlawful for any person to construct a building sewer without first having obtained a building sewer permit from the director as provided in this section. It is unlawful for any person to make any connection with or opening into any public sewer or side sewer without first having caused an inspection to be made and approval received as provided in Section 13.12.130.

(b) The application for a building sewer permit shall be made to the director and shall contain the following:

(1) Contractor’s name and mailing address;

(2) Owner’s name and mailing address;

(3) Street address and legal description of the property;

(4) Contractor’s registration number;

(5) Use or proposed use of the building;

(6) Number of residential, commercial or industrial units;

(7) A diagram showing the real property involved, the location or proposed location of the building, and the location of the building drain, building sewer and, if known, the nearest sewer stub;

(8) Type and size of materials used or to be used;

(9) Other information considered necessary by the director.

(c) The director shall review each application and shall issue a building sewer permit if the applicant and application meet the requirements of this chapter and if all fees have been properly paid.

(d) A building sewer permit shall become null and void if the construction of the building sewer authorized thereby is not commenced within sixty days from the issuance of such permit or if the work authorized thereby is suspended or abandoned for a period of one hundred twenty days.

(e) Upon application for a building sewer permit, the applicant shall pay a fee to the director in the amount of fifty dollars for each building to be connected to a public sewer and an additional twenty dollars for each additional connection where the building is to have more than one connection to the public sewer.

(f) A building sewer permit shall be displayed in a conspicuous place at or near the work allowed thereby during the performance of the work and until the completion thereof and inspection and approval by the director.

(Ord. 55-C (1978) § 1, 1978; Ord. 55-A (1975) § 1 (part), 1975; Ord. 55 (1974) § 4, 1974)

13.12.050 Building sewer contractor’s license.

(a) It is unlawful to engage in the activities of a building sewer contractor in the county without a current building sewer contractor’s license.

(b) An applicant for a building sewer contractor’s license must possess a current certificate of registration issued by the Washington State Department of Labor and Industries pursuant to RCW Chapter 18.27.

(c) An application for a building sewer contractor’s license shall be made to the director on forms provided by the director. The application must be accompanied by a fee of twenty-five dollars to defray in part the costs of examining the applicant. This fee is not refundable.

(d) The director shall examine each applicant both orally and in writing to determine if the applicant possesses adequate knowledge of this chapter and adequate knowledge and skill to properly construct, install, repair, excavate and connect building sewers, to the end that the public health, safety, morals and welfare will not suffer from improperly constructed, installed, repaired, excavated or connected building sewers.

(e) Upon successful completion of the examination, the director shall issue the applicant a building sewer contractor’s license. The fee for such license shall be fifty dollars for each fiscal year which shall expire on June thirtieth. A license may be renewed without examination provided renewal is made by the first day of the succeeding fiscal year.

(f) The director or any person may file a verified petition with the board requesting that a building sewer contractor’s license be granted or revoked. A copy of such petition shall be served by the director or other person upon the person who seeks a building sewer contractor’s license or upon the person whose license is sought to be revoked. The board shall thereafter set a time for a public hearing giving due notice of such to the interested parties. The board may grant a building sewer contractor’s license if the petitioner demonstrates that the person seeking the license meets the requirements of this section. The board may revoke a building sewer contractor’s license if the petitioner demonstrates that the licensed building sewer contractor has performed in an incompetent or negligent manner or that he has misrepresented facts in an application for a building sewer contractor’s license or permit as required by Section 13.12.040.

(Ord. 55 (1974) § 5, 1974)

13.12.060 Location of building sewer connection.

The connection of a building sewer to a public sewer shall be made at the point and in the manner specified by the director.

(Ord. 55 (1974) § 6, 1974)

13.12.070 Protection of excavations.

It is unlawful for any person to fail to protect any excavation in a public right-of-way or in lands adjacent thereto. Such protection may include fencing, covering or lighting. The protection of the public from the danger of such excavation shall be the duty of the person making or causing the excavation. The person making or causing the excavation shall be responsible for insuring adherence to all applicable safety and health standards required by the Occupational Safety and Health Act (OSHA) and the Washington Industrial Safety and Health Act (WISHA).

(Ord. 55-I (1996) § 1 (part), 1996: Ord. 55-A (1975) § 1 (part), 1975; Ord. 55 (1974) § 7, 1974)

13.12.080 Building sewer for each building.

A building sewer shall serve only one building unless, prior to construction of the building sewer, written approval is obtained from the director allowing a building sewer to serve more than one building.

(Ord. 55 (1974) § 8, 1974)

13.12.090 Sewer service – Where not required.

(a) Where the owner of a building is not required to connect to a public sewer pursuant to Section 13.12.020, the lawful mandate of a utility local improvement district, the lawful mandate of the Kitsap County planning commission, or any other lawful order or mandate, the owner may elect to connect to a public sewer upon agreement with board. Such agreement shall be known as a “sewer assessment agreement.”

(b) The board shall not enter into a sewer assessment agreement unless the sewer treatment facilities can adequately provide the additional sewer service.

(1) That the owner have full authority to bind the property on which the building is located with the terms and covenants contained in the contract;

(2) That the owner shall abide by the laws and regulations of the county appertaining to sewers and that the owner shall duly and regularly pay for sewer service as shall from time to time be fixed by the board;

(3) That the property on which the building is situated shall be subject to liens, penalties and interest for nonpayment of sewer service charges;

(4) That the building on which the property is situated shall be provided with sewer service;

(5) Other terms agreeable to the owner and the board.

(d) Subsequent to the execution of a sewer assessment agreement, it shall be filed with the Kitsap County auditor.

(Ord. 55-I (1996) § 1 (part), 1996: Ord. 55 (1974) § 9, 1974)

13.12.110 Building sewer specifications.

(a) A building sewer shall be constructed of one or more of the following materials:

(1) Ductile iron pipe (ANSI specification A 21.51 or AWWA specification C151);

(2) Polyvinyl chloride gravity sewer pipe and fittings (ASTM specification D-3033 (Type PSP), D-3034 (Type PSM);

(3) Other material authorized by the director.

(b) It is unlawful to lay or cause to be laid a building sewer or nonmetallic material in a trench which carries water intended for consumption within the building unless the bottom of the water pipe is at all points at least twelve inches above the top of the building sewer and the water pipe rests on a solid shelf at one side of the common trench.

(c) It is unlawful to lay or cause to be laid a building sewer composed of a material other than ductile iron pipe in filled or unstable ground, provided, the director may approve the use of some other material if laid on a granular or concrete bed as approved by the director.

(d) Building sewers shall have clean-outs of the same diameter as the pipe they serve (except that manholes may be utilized as clean-outs), located as follows:

(1) Where the building sewer connects to the building drain;

(2) At all bends of forty-five degrees or greater;

(3) At intervals of no greater than one hundred feet;

(4) An upright tee where the building sewer connects to the side sewer; the upright portion of the tee must be plugged in a manner approved by the director.

(e) The inside diameter of a building sewer must, at a minimum, be as follows for the following applications:

(1) Equivalent residential unit, four inches;

(2) Two or more equivalent residential units up to ten such units, six inches;

(3) Other applications, as approved by the director.

(f) No building sewer shall be laid under or within two feet of any building unless it is composed of ductile iron pipe.

(g) The minimum cover for a building sewer is eighteen inches unless it is composed of cast iron soil pipe.

(h) Whenever topographically possible, building sewers shall have a grade of not less than two percent nor more than one hundred percent. Where the grade is less than two percent, a check valve shall be installed, at the discretion of the director, to prevent backflooding into the building. Where the grade is greater than one hundred percent, the director may require manholes or other devices at the lower end of the building sewer in order to reduce the velocity of the sewage.

(i) Whenever possible, a building sewer shall be installed at a uniform grade and without curves. Where curves are necessary (excluding manufacturer’s allowable joint deflection), curved pipe or fittings shall be used.

(j) Joints and connections shall be gastight and watertight. Pipe joints shall have flexible sealing gaskets conforming to ASTM Specification D-1869.

(k) Building sewers composed of the material permitted by subdivision (6) of subsection (a) of this section shall have flexible couplings at no greater than sixty-foot intervals.

(1) Cement mortar joints are prohibited except for repairs or connections to existing building sewers utilizing such joints.

(m) Ball and spigot pipes shall be laid with spigot end toward the side sewer.

(Ord. 55-I (1996) § 1 (part), 1996; Ord. 55 (1974) § 11, 1974)

13.12.120 Building sewer excavation and trenches.

(a) Building sewers shall be laid in open trenches unless otherwise approved by the director.

(b) Pipe must be carefully bedded by forming the trench bottom to meet the contour of the bottom one-quarter of the pipe or by overexcavating and bedding with tamped and compacted granular material.

(c) Rocks larger than one inch in diameter shall not be left in the trench bottom nor shall they be placed closer than six inches from the pipe when backfilling.

(d) Trench must be free of water when pipe is laid.

(e) Backfill shall be placed by hand and be tamped and compacted by hand to six inches above the top of the pipe.

(Ord. 55 (1974) § 12, 1974)

13.12.130 Inspection of building sewers.

No building sewer shall be connected to a public sewer nor shall any trench in which a building sewer lies be filled unless and until the building sewer passes an inspection by the director, except as provided by subsection (4) of this section. The contractor or owner shall give the director forty-eight hours’ notice prior to the time when the inspection is desired. At such inspection, the director shall determine that the building sewer meets the requirements of Sections 13.12.080, 13.12.110 and 13.12.120. In addition thereto, the director shall ascertain that the building sewer passes one of the following tests. Such tests are to be conducted by and at the expense of the contractor or owner. The type of test utilized is within the discretion of the director. Such tests are to be conducted as follows:

(1) Water Exfiltration Test. Prior to test, the contractor or owner may fill the building sewer with clear water to permit normal absorption into pipe walls; however, if the building sewer is so filled, the test must be completed within twenty-four hours after filling. The contractor or owner shall fill the building sewer with clear water. Exfiltration shall be no more than five-tenths gallon per hour per inch of inside pipe diameter per one hundred feet of pipe with a minimum test pressure of six feet of water column above the crown at the upper end of the pipe or above the active groundwater, whichever is higher.

(2) Air Exfiltration Test. The contractor or owner shall pressurize the building sewer with air to three pounds per square inch. Exfiltration shall be measured by the use of a rotometer. Exfiltration shall not exceed 0.003 cubic feet of air per minute per square foot of internal pipe surface or, alternatively, two cubic feet of air per minute when subjected to a constant pressure of three pounds per square inch. The rate of loss is to be determined when the system reaches equilibrium. For each foot of water table elevation above the invert of the pipe, the allowable loss shall be reduced six percent.

(3) Water Infiltration Test. When the natural groundwater table is above the crown of the higher end of the building sewer, infiltration shall not exceed four-tenths gallon per hour per inch of internal pipe diameter per one hundred feet of pipe.

(4) Internal Television Inspection. This inspection technique shall be utilized if and only if the trench in which the building sewer lies has been backfilled. The director shall then visually inspect the interior of the building sewer via television to determine if the building sewer is of the proper materials and constructed as herein provided. In addition to the television inspection the director may require an additional test as set forth in subsections (1), (2) or (3) of this section.

(Ord. 55-I (1996) § 1 (part), 1996; Ord. 55-A (1975) § 1 (part), 1975: Ord. 55 (1974) § 13, 1974)

13.12.140 Standards.

When not inconsistent or in conflict with the provisions of this chapter, the director shall utilize the standards specified in the Kitsap County public works, Standards for Sanitary Sewer Extensions, as now or hereafter amended, for all sanitary sewer design, materials, construction and inspection practices.

(Ord. 55-I (1996) § 1 (part), 1996: Ord. 55 (1974) § 14, 1974)

13.12.150 Disconnection proscribed.

It is unlawful to disconnect a building from a building sewer or to disconnect a building sewer from a public sewer without first having obtained a capping permit from the director. In the event that disconnection is allowed, the building sewer or public sewer shall be sealed and capped by the person causing the disconnection at the points and in the manner designated by the director.

(Ord. 55 (1974) § 15, 1974)

13.12.160 Prohibited discharges.

Except as provided in Section 13.12.170, no discharger shall discharge or cause to be discharged into a public sewer, place or cause to be placed where they are likely to run, leak or escape into a public sewer, any of the following:

(1) Any solid or viscous substances which may obstruct or interfere with the capacity or operation of the sewer such as but not limited to ashes, cinders, sand, earth, rubbish, mud, straw, shavings, metal, glass, rags, feathers, tar, plastic or wood;

(2) Any liquids, solids, or gases, which because of their nature or quantity are, or may be, sufficient, either alone or by interaction with other substances, to cause fire or explosion or be injurious in any other way to the wastewater collection and treatment system. At no time shall two successive readings on an explosion hazard meter, at the point of discharge into the system (or at any point in the system), be more than five percent nor any single reading over ten percent of the lower explosive limit (LEL) of the meter. Prohibited materials include but are not limited to: gasoline, kerosene, naphtha, benzene, toluene, xylene, ethers, alcohols, ketones, aldehydes, peroxides, chlorates, perchlorates, bromates, carbides, hydrides and sulfides, and any other substances that the county, the state, the EPA, or the fire department has notified the user is a fire hazard or a hazard to the system;

(3) Any matter having a temperature greater than forty degrees Celsius, or will inhibit biological activity at the wastewater treatment plant;

(4) Sewage containing suspended solids in excess of three hundred fifty milligrams per liter;

(5) Wastewater containing fats, oils or grease in excess of one hundred parts per million (mg/L);

(6) Wastewater with B.O.D. greater than three hundred milligrams per liter;

(7) Wastewater with pH lower than 6.0 or higher that 9.0, or having any corrosive property capable of causing damage to structures, equipment or personnel;

(8) Garbage that has not been properly shredded;

(9) Wastewater containing toxic substances in sufficient quantity to injure or interfere with any wastewater treatment process, constitute a hazard to humans or the environment, create any hazard in the receiving waters of a wastewater treatment plant, or exceed the limitation set forth in the pretreatment standards;

(10) Any noxious or malodorous matter capable of creating a public nuisance or hazard to life, or sufficient to prevent entry into the sewers for their maintenance and repair;

(11) Any unpolluted water including but not limited to; waters from irrigation, water main flushing, cooling processes, industrial processes creating no substantial water contamination, storm drains, surface runoff, roof runoff, subsurface drainage, swimming pools, ponds or reservoirs;

(12) Any matter which is radioactive to any degree above that which normally prevails in the county;

(13) Any substance that may cause the wastewater treatment plant’s effluent or treatment residues, biosolids or scums to be unsuitable for reclamation and reuse or to interfere with the reclamation process. (In no case shall a substance discharged to the wastewater treatment plant cause the treatment plant to be in noncompliance with biosolid use or disposal criteria, guidelines, or regulations developed under Sections 405 and 503 of the Clean Water Act, any criteria, guidelines or regulations affecting biosolids use or disposal developed pursuant to the Solid Waste Disposal Act, the Clean Air Act, the Toxic Substance Control Act, or state standards applicable to the biosolids management method being used.);

(14) Any substance that will cause the wastewater treatment plant to violate its NPDES and/or other disposal system permits;

(15) Any slugload, which shall mean any pollutant, including oxygen-demanding pollutants (B.O.D., etc.), released in a single extraordinary discharge episode of such volume or strength as to cause interference to the treatment plant. In no case shall a slugload contain concentrations or qualities of pollutants that exceed for any period longer than fifteen minutes more than five times the average twenty-four-hour concentration, quantities or flow during normal operation;

(16) Wastewater containing substances not amenable to treatment or reduction by the sewage treatment process employed, or are amenable to treatment only to such a degree that the sewage treatment plant effluent cannot meet the requirements of other agencies having jurisdiction over discharge to the receiving waters;

(17) National Categorical Pretreatment Standards. National categorical pretreatment standards, as promulgated by the EPA pursuant to the Clean Water Act and as adopted, shall be enforceable by this chapter and shall be met by all dischargers of the regulated industrial categories;

(18) State Requirements. State requirements and limitations on dischargers to the wastewater system shall be met by all dischargers which are subject to standards in any instance in which they are more stringent than federal requirements and limitations or those in this or any other applicable ordinance;

(19) Any discharge that exceeds the following daily maximum pollutant limits:


Arsenic	0.15 mg/L
Cadmium	0.10 mg/L
Chromium	1.0 mg/L
Copper	0.75 mg/L
Lead	0.25 mg/L
Mercury(1)	0.010 mg/L
Molybdenum	2.0 mg/L
Nickel	0.60 mg/L
Selenium	0.80 mg/L
Silver(1)	0.50 mg/L
Zinc	2.0 mg/L
Cyanide	0.75 mg/L
Ammonia	50.0 mg/L

Notes: (1) Businesses that follow Best Management Practices (BMPs) for their industry can petition Public Works Wastewater for higher limits. This will be limited to businesses contributing less than 1% of the total flow to the Publicly Owned Treatment Works (POTW).

(Ord. 300 (2003), 2003: Ord. 55-I (1996) § 1 (part), 1996: Ord. 55 (1974) § 16, 1974)

13.12.170 Disposal of prohibited wastes.

Prohibited wastes as defined in Section 13.12.160 shall be disposed of in one of the following ways:

(1) Pretreatment. A person producing prohibited wastes may treat such wastes prior to their introduction into a public sewer so that any and all characteristics objectionable per Section 13.12.160 are removed. Prior to the utilization of any pretreatment device or process, a person producing the prohibited unlawful wastes must submit the plans and specifications for the pretreatment device or process to the director and the Washington State Department of Ecology requiring written approval of the device or process that will remove the objectionable characteristics. The entire cost of the construction, maintenance and operation of any pretreatment device or process shall be borne by the person producing the prohibited wastes.

(2) Prohibited Waste Discharge Permit.

(A) A person producing prohibited wastes may discharge such into a public sewer if a permit to do so is first obtained from the director. The application for such permit shall include the following information: name and address of applicant, location of sewage production, process which produces sewage, volume of anticipated discharge, specific type and degree of prohibited sewage characteristic, other information deemed necessary by the director. The director may approve the application if the sewage treatment plant affected has sufficient capacity to handle the increased treatment load and if the contemplated discharge will not be unnecessarily harmful to the public sewer or unreasonably detrimental to the public health, safety or welfare. A person discharging prohibited waste pursuant to a permit shall pay the county for the increased costs of the treatment thereof in addition to the regular monthly or bimonthly charge.

(B) The charge for treating such wastes pursuant to the permit shall be as follows:


$0.02 per gallon for	0 – 10,000 gallons
$0.04 per gallon for	10,001 – 20,000 gallons
$0.06 per gallon for	20,001 – 30,000 gallons
$0.08 per gallon for	30,001 – 40,000 gallons

The maximum allowable discharge shall be limited to forty thousand gallons. A fifty-dollar fee will be charged for the permit to defray administrative costs.

The director may revoke a permit upon sixty days’ written notice to the person discharging the prohibited waste if it is found that the waste discharged has significantly increased in volume or degree of prohibited sewage characteristic, that the particular variety of prohibited characteristics has changed, or that the sewage treatment plant affected no longer has the capacity to handle the prohibited waste.

(3) Dilution. No discharger shall increase the use of potable or process water in any way for the purpose of diluting a discharge as a partial or complete substitute for adequate treatment to achieve compliance with applicable standards set forth in this chapter. Mass limitations may be imposed on dischargers that are using dilutions to meet applicable pretreatment standards or requirements of this chapter, or in other cases where deemed appropriate by the director.

(Ord. 55-I (1996) § 1 (part), 1996: Ord. 55 (1974) § 17, 1974)

13.12.180 Inspections to ascertain character of sewage.

The director may enter premises served by a public sewer at any and all reasonable times to take sewage samples in order to determine if the sewage is an unlawful waste. Persons pretreating unlawful wastes pursuant to subsection (1) of Section 13.12.170 or permitted to discharge unlawful wastes pursuant to subsection (2) of Section 13.12.170 shall, at the direction of the director, install inspection tees or manholes in the building sewer to facilitate sampling.

(Ord. 55 (1974) § 18, 1974)

13.12.190 Discharge from mobile tanks.

(a) It is unlawful for any person to discharge or cause to be discharged from a mobile tank into a public sewer any sewage which is generated outside Kitsap County.

(b) It is unlawful for any person to discharge or cause to be discharged from a mobile tank into a public sewer any sewage which is generated inside Kitsap County from commercial or industrial sources without obtaining prior approval from the director of public works.

(c) It is unlawful for any person to discharge or cause to be discharged from a mobile tank into a public sewer any sewage except at points and in a manner designated by the director of public works.

(d) A charge of eight cents per gallon shall be made for the discharge from mobile tanks of sewage from septic tanks, cesspools, chemical toilets or similar apparatus, provided the charges shall be based upon the gallonage capacity of the mobile tank from which the sewage is discharged into the Central Kitsap Wastewater Treatment Plant. A two-cent per gallon fee shall be transferred to the public health pooling fund once each month. The rate for septage shall increase by one cent per year on October 1st of each year through the year 2001.

(e) Prior to the discharge of any sewage from mobile tanks, a written manifest shall be submitted to the Central Kitsap Wastewater Treatment Plant office at 12350 Highway No. 303 NE, Poulsbo, WA 98370, clearly identifying the source, nature and quantity of sewage to be discharged. The manifest shall be made on forms provided by Kitsap County and all information required shall be complete.

(f) The charge per gallon referenced in subsection (d) of this section shall be established from time to time by resolution of the board of county commissioners.

(Ord. 55-J (1996) § 1, 1996: Ord. 55-G (1993) § 1, 1993: Ord. 55-F (1989) § 1, 1989: Ord. 55-E (1985), 1985: Ord. 55-D (1984), 1984: Ord. 55-B (1978) § 2, 1978: Ord. 55 (1974) § 20, 1974)

13.12.200 Liability to county.

Any person who violates any provision of this chapter is liable to the county for any expense, loss, damage, cost of inspection or correction incurred by the county as a result of such violation.

(Ord. 55 (1974) § 20, 1974)

13.12.210 Charges for sewer service.

Charges for sewer service for all single-family residences shall be due and payable bimonthly. Charges for all other sewer service shall be due and payable monthly. For all new building construction, charges for sewer service shall commence upon occupancy or sixty days after issuance of a building sewer permit, whichever occurs first.

(Ord. 55-B (1977) § 1, 1977: Ord. 55 (1974) § 21, 1974)

13.12.220 Liens.

Pursuant to RCW 36.94.130 and RCW 36.94.150, the following, when not paid within thirty days of the date due, shall constitute a lien upon the premises served: Sewer service charges, repair costs, connection charges, permit fees, inspection costs, and charges in lieu of assessment. Such liens shall bear interest at eight percent per year. When a charge is not paid when due, a penalty of ten percent shall be added thereto.

(Ord. 55 (1974) § 22, 1974)

13.12.230 Industrial cost recovery.

Any industrial users of a sewer facility constructed with Environmental Protection Agency grant funds awarded after March 1, 1973, shall repay that portion of the grant amount allocable to the treatment of its wastes. The method of repayment and procedures for handling the repayment shall be in accordance with 30 Fed. Reg. 35.905-8, 35.925-12, 35.928 and 35.935-13 (1974).

(Ord. 55 (1974) § 23, 1974)

13.12.240 Violations – Penalty.

(a) Civil Penalties. Any discharger who violates an order by the county, or who fails to comply with:

(1) Any provision of this chapter; or

(2) Any regulation, rule or permit of the county, issued pursuant to this chapter, shall be liable to the county for a civil penalty. The amount of such civil penalties shall not be less than two hundred fifty dollars per violation nor more than one thousand dollars per violation. Each day upon which a violation occurs or continues shall constitute a separate violation. In addition, the county may commence an action to end the discharger’s wastewater treatment service.

(b) Recovery of Cost Incurred by the County. Any discharger violating any of the provisions of this chapter who discharges or causes a discharge producing a deposit or obstruction or causes damage to or impairs the county’s wastewater disposal system shall be liable to the county for any expense, loss or damage caused by such violation or discharge. The county shall, by order, bill the discharger for the cost incurred the county for any cleaning, repair, or replacement work caused by the violation or discharge and for any cost incurred by the county in investigating the violation and in enforcing the chapter against the discharger, including reasonable administrative costs, fees for testing, attorney fees, court costs, and all expenses of litigation. Refusal to pay the assessed costs shall constitute a violation of this chapter.

(c) In addition to or as an alternative to any other penalty provided in this chapter or by law, any violation of this chapter shall constitute a Class I civil infraction. Each violation shall constitute a separate infraction for each and every day or portion thereof during which the violation is committed, continued or permitted. Infractions shall be processed in accordance with the provisions of the civil enforcement ordinance (Chapter 2.116 of this code). The choice of enforcement action taken and the severity of any penalty shall be based upon the nature of the violation and the damage or risk to the public.

(Ord. 55-K (1997) § 1, 1997; Ord. 55-I (1996) § 1 (part), 1996: Ord. 55 (1974) § 24, 1974)

13.12.250 Nuisance declared.

Any building sewer or side sewer hereafter constructed, moved, maintained, used or altered contrary to the provisions of this chapter shall be, and the same is, unlawful and a public nuisance. Compliance with this chapter may be enforced by mandatory injunction brought by the owner or owners of land lying in proximity to that whereon the violation exists or the prosecuting attorney may commence action or actions, proceeding or proceedings for the abatement, removal and enjoinment thereof and may take such other steps to obtain such relief as will abate or remove sewers, structures or uses and restrain and enjoin any person from constructing, maintaining or altering any such sewers contrary to the provisions of this chapter.

(Ord. 55-A (1975) § 2, 1975: Ord. 55 (1974) (part), 1974)

13.12.260 Grease interceptors.

(a) Any business involved in the process, preparation, sale or packaging of human or animal food shall install an exterior (located outside the building) grease interceptor on a separate building sewer main. This separate building sewer shall be connected directly, and only to the food handling areas of the building, with no sanitary connections permitted upstream of the grease interceptor.

(b) The grease interceptor shall be adequately designed to provide retention of a minimum of ninety percent of the contaminated oils and greases. Grease interceptors shall be sized using storage capacity factors and loading factors appropriate for the intended use of the facility and anticipated volumes. It shall include baffles that provide sufficient detention time to allow the grease to separate fully.

(c) Grease interceptors shall be properly operated and cleaned regularly to prevent escape of appreciable quantities of grease. The extracted grease shall not be reintroduced into the sanitary sewer system at another location.

(Ord. 55-I (1996) § 1 (part), 1996)

13.12.270 Administration.

(a) Wastewater Dischargers. It is unlawful to discharge sewerage, industrial wastes, or other wastes to any sewer outlet within the jurisdiction of the county and/or to the wastewater treatment plant without first having complied with the terms of this chapter, or without having first obtained the county’s approval of a compliance schedule submitted by the discharger.

(b) General Disclosure. All industrial dischargers proposing to connect to or to discharge sewage, industrial wastes, or other wastes to the wastewater treatment plant shall comply with all terms of this chapter within thirty days after the effective date of the ordinance codified in this section.

(c) Disclosure Forms. Significant industrial dischargers shall complete and file with the county a data disclosure declaration in the form prescribed by the county, and accompanied by the appropriate fee. Existing significant industrial dischargers shall file a disclosure form within sixty days after notification by the county. Proposed new source dischargers shall file a disclosure form a minimum of ninety days before connecting to the sewer system. The disclosure to be made by the discharger shall be made on written forms provided by the county and shall cover:

(1) Disclosure of name, address and location of the discharger;

(2) Disclosure of wastewater constituents and characteristics including but not limited to those mentioned in this chapter, including standards contained in Section 13.12.170 of this chapter, as appropriate, as determined by bona fide chemical and biological analysis. Sampling and analysis shall be performed according to procedures established by the EPA;

(3) Disclosure of time and duration of discharges;

(4) Disclosure of average daily and instantaneous peak wastewater flow rates, in gallons per day, monthly, and seasonal variations, if any. All flows shall be measured unless other verifiable techniques are approved by the county due to cost or nonfeasibility;

(5) Disclosure of site plans, floor plans, plumbing plans, and details to show all sewers, sewer connections, inspection manholes, sampling chambers, and appurtenances by size and location.

(d) Operating Upsets. Any discharger that experiences an upset in operations which places the discharger in a temporary state of noncompliance with this chapter shall inform the county immediately upon first awareness of the commencement of the upset. Where such information is given orally, a written follow-up report shall be filed by the discharger with the county within five days. The report shall specify:

(1) Description of the upset, the cause of it, and the upset’s impact on the discharger’s compliance status;

(2) Duration of noncompliance, including exact dates and times of noncompliance; and, if the noncompliance continues, the time by which compliance is reasonably expected to occur;

(3) All steps taken or to be taken to reduce, eliminate and prevent recurrence of such an upset or other conditions of noncompliance. A documented and verified bona fide operating upset shall be an affirmative defense to any enforcement action brought by the county against the discharger for any noncompliance with the chapter that arises out of violations alleged to have occurred during the period of upset.

(Ord. 55-I (1996) § 1 (part), 1996)