Chapter 13.08 - SEWER SERVICE SYSTEM

"BOD" (biochemical oxygen demand) means the quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory procedure in five days at twenty (20) degrees Centigrade, expressed in milligrams per liter.

"Building drain" means that part of the lowest horizontal piping of a discharge 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 beginning five feet (1.5 meters) outside the inner face of the building wall.

"Building sewer" means the extension from the building drain to the public sewer or other place of disposal.

"Combined sewer" means a sewer receiving both surface drainage and sewer.

"Foreman" means the public works foreman of the town of Naches or his or her authorized deputy, agent or representative.

"Garbage" means solid wastes from the domestic and commercial preparation, cooking and dispensing of food, and from the handling, storage and sale of produce.

"Industrial wastes" means the liquid wastes from industrial manufacturing processes, trade, or business as distinct from sanitary sewage.

"Interceptor" (grease trap) means a catch basin specifically designed to separate viscous liquids from the waste stream for physical removal.

"Natural outlet" means any outlet into a watercourse, pond, ditch, lake, or other body of surface or ground water.

"Person" means any individual, firm, company, association, society, corporation or group.

"pH" means the logarithm of the reciprocal of the concentration of hydrogen ions in moles per liter of solution.

"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.

"Pretreatment" means one or more treatment devices designed to remove sufficient pollutants from waste streams to allow an industry to comply with effluent limits established by the United States Environmental Protection Agency and categorical pretreatment regulations or locally derived prohibited discharge requirements and local effluent limits. Compliance with effluent limits allow for a legal discharge to a publicly owned treatment works (P.O.T.W.).

"Preliminary treatment" means the removal of metal, rocks, rags, sand, eggshells and similar materials which may hinder the operation of a treatment plant. Preliminary treatment is accomplished by using equipment such as racks, barscreens, comminutors and grit systems.

"Public sewer" means a sewer in which all owners of abutting properties have equal rights, and is controlled by public authority.

"Sanitary sewer" means a sewer which carries sewage and to which storm, surface and ground waters are not intentionally admitted.

"Sewage" means a combination of the water-carried wastes from residences, business buildings, institutions and industrial establishments, together with such ground, surface and storm waters as may be present.

"Sewage treatment plant" means any arrangement of devices and structures used for treating sewage.

"Sewage works" means all facilities for collecting, pumping, treating and disposing of sewage.

"Sewer" means a pipe or conduit for carrying sewage.

"Slug" means any discharge of water, sewage, or industrial waste which in concentration of any given constituent or in quantity of flow exceeds for any period of duration longer than fifteen (15) minutes more than five times the average twenty-four (24) hour concentration of flows during normal operation.

"Storm drain" (sometimes termed "storm sewer") means a sewer which carries storm and surface waters and drainage, but excludes sewage and industrial wastes, other than unpolluted cooling water.

"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.

"Watercourse" means a channel in which a flow of water occurs, either continuously or intermittently.

(Ord. 467 Art. 1, 1998)

13.08.020 - Sewer department and foreman duties.

A. A water and sewer department of the town is established. The officers and other employees shall consist of a foreman and such other personnel as the town council may from time to time deem necessary for the efficient administration of the department.

B. The foreman of the sewer department and such other personnel as the town council may from time to time authorize shall be appointed by the mayor and shall hold such appointment during the pleasure of the mayor. The foreman and such other personnel as may be authorized shall receive such salary as the town council may determine.

C. The duties of the foreman shall be to oversee and superintend the operation and maintenance of the sewer system, the making of repairs of all kinds, the construction of all extensions and additions, and all construction work of whatever nature whatsoever in connection with the present sewer, and any new systems that may be established. The foreman shall at all times be subject to the direction and authority of the mayor.

(Ord. 467 Art. 2, 1998)

13.08.030 - Use of public sewers required.

A. It is unlawful for any person to place, deposit, or permit to be deposited in any unsanitary manner on public or private property within the town, or in any area under the jurisdiction of said town, any human or animal excrement, garbage, or other objectionable waste.

B. It is unlawful to discharge to any natural outlet within the town, or in any area under the jurisdiction of said town, any sewage or other polluted waters, except where suitable treatment has been provided in accordance with subsequent provisions of this chapter.

C. Except as hereinafter provided, it is unlawful to construct or maintain any privy, privy vault, septic tank, cesspool, or other facility intended or used for the disposal of sewage.

D. The owner of all houses, buildings or properties used for human occupancy, employment, recreation or other purposes, situated within the town and abutting on any street, alley or right-of-way in which there is now located or may in the future be located a public sanitary or combined sewer of the town, is required at his or her expense to install suitable toilet facilities therein, and to connect such facilities directly with the proper public sewer in accordance with the provisions of this chapter, within ninety (90) days after date of official notice to do so, provided that said public sewer is within two hundred (200) feet of the property line of such property. Such installation and connection shall be commenced within thirty (30) days following such notice. Properties within the town and in excess of two hundred (200) feet from a public sewer may be required to extend the public sewer to a point deemed appropriate by the town council and connect to such public sewer at the direction of the town council.

E. In the event the building sewer and connection are not made within the time herein provided for following notice, the foreman is authorized and directed to cause the same to be made and to file a statement of the cost thereof with the town clerk, and thereupon a warrant shall be issued under the direction of the town council against the water and sewer revenue fund for the payment of such cost. Such amount, together with an administrative cost of ten percent thereof, plus interest at the rate of twelve (12) percent per annum upon the total amount of the cost and administrative costs, shall be assessed against the property upon which such building sewer and connection has not been placed as required, and shall become a lien thereon as herein provided. Such total amount, when collected, shall be paid into the water and sewer revenue fund.

(Ord. 467 Art. 3, 1998)

13.08.040 - Private sewage disposal.

Where a public sanitary sewer is not available under the provisions of Section 13.08.030(D), the building sewer shall be connected to a private sewage disposal system complying with the provisions of this section.

A. Before commencement of construction of a private sewage disposal system, the owner shall first obtain a written permit signed by the foreman and the Yakima Health District. The application for such permit shall be made on a form furnished by the town and the Yakima Health District, which the applicant shall supplement by any plans, specifications, and other information deemed necessary by the foreman or the Yakima Health District. A permit and inspection fee of two hundred fifty dollars ($250.00) shall be paid to the town at the time the application is filed. The owner shall pay all fees required by the Yakima Health District.

B. A permit for a private sewage disposal system shall not become effective until the installation is completed to the satisfaction of the foreman and the Yakima Health District. The foreman shall be allowed to inspect the work at any stage of construction and, in any event, the applicant for the permit shall notify the foreman when the work is ready for final inspection, and before any underground portions are covered. The inspection shall be made within forty-eight (48) hours of the receipt of notice by the foreman.

C. The type, capacities, location and layout of a private sewage disposal system shall comply with all recommendations of the Yakima Health District and the Department of Health of the state of Washington. No septic tank or cesspool shall be permitted to discharge to any natural outlet.

D. At such time as a public sewer becomes available to a property served by a private sewage disposal system, as provided in Section 13.08.030(D), a direct connection shall be made to the public sewer in compliance with this chapter, and any septic tanks, cesspools, and similar private sewage disposal facilities shall be removed or decommissioned in a sanitary manner, according to Yakima Health District requirements, at no expense to the town.

E. The owner shall operate and maintain the private sewage disposal facilities in a sanitary manner at all times, at no expense to the town.

F. No statement contained in this section shall be construed to supersede or pre-empt any additional requirements that may be imposed by the Yakima Health District.

G. When a public sewer becomes available and the building sewer shall be connected to said sewer as provided above, the private sewage disposal system shall be cleaned of sludge and filled with clean bank-run gravel or dirt.

H. In the event the building sewer and connection are not made within the time herein provided for following notice, the foreman is authorized and directed to cause the same to be made and to file a statement of the cost thereof with the town clerk, and thereupon a warrant shall be issued under the direction of the town council against the water and sewer revenue fund for the payment of such cost. Such amount, together with an administrative cost of ten percent thereof, plus interest at the rate of twelve (12) percent per annum upon the total amount of the cost and administrative costs, shall be assessed against the property upon which such building sewer and connection has not been placed as required, and shall become a lien thereon as herein provided. Such total amount, when collected, shall be paid into the water and sewer revenue fund.

(Ord. 467 Art. 4, 1998)

13.08.050 - Building sewers and connections—Permit required.

A. No unauthorized person shall uncover, make any connections with, open, use, alter or disturb any public sewer or appurtenance thereof without first obtaining a written permit from the foreman. No unauthorized person shall open, alter or disturb the streets or alleys of the town, for the purpose of making connection with the public sewer system, without first obtaining a written permit therefor from the foreman.

B. There shall be two classes of building sewer permits: (1) for residential and commercial services; and (2) for service to establishments producing industrial wastes. In either case, the owner or his or her agent shall make application on a form furnished by the town. The permit application shall be supplemented by any plans, specifications, or other information considered pertinent in the judgment of the foreman. A permit fee of one thousand two hundred fifty dollars ($1,250.00) for residential or commercial building sewer permit within the town limits of the town of Naches, and one thousand two hundred fifty dollars ($1,250.00) for an industrial building sewer permit within the town limits of the town of Naches, shall be paid to the town at the time the application is filed. All residential, commercial and industrial building sewer permits outside the town limits shall charged at one and one-half times the rate of the respective sewer permit charges within the town limits.

C. All costs and expenses incident to the installation, connection and maintenance of the building sewer shall be borne by the owner. The owner shall indemnify the town from any loss or damage that may directly or indirectly be occasioned by the installation of the building sewer. All maintenance and repairs of the sewer line from the house to the sewer main shall be borne by the owner.

D. A separate and independent building sewer shall be provided for every building, except 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 building may be extended to the rear building and the whole considered as one building sewer.

E. Old building sewers may be used in connection with new buildings only when they are found, on examination and test by the foreman, to meet all requirements of this chapter.

(Ord. 467 Art. 5 (part), 1998)

13.08.060 - Building sewers and connections—Construction standards.

A. The size, slope, alignment, materials of construction of a building sewer, and the methods to be used in excavating, placing of the pipe, jointing, testing, and backfilling the trench, shall all conform to the requirements of the building and plumbing code or other applicable rules and regulations of the town. In the absence of code provisions or in amplification thereof, the materials and procedures set forth in appropriate specifications of the ASTM and WPCF Manual of Practice No. 9 shall apply.

B. Whenever possible, the building sewer shall be brought to the building at an elevation below the basement floor. 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.

C. No person shall make connections of roof downspouts, exterior foundation drains, areaway drains, or other sources of surface runoff or ground water to a building sewer or building drain which in turn is connected directly or indirectly to a public sanitary sewer.

D. The connection of the building sewer into the public sewer shall conform to the requirements of the building and plumbing code or other applicable rules and regulations of the town, or the procedures set forth in appropriate specifications of the ASTM and WPCF Manual of Practice No. 9. All such connections shall be made gastight and watertight. Any deviation from the prescribed procedures and materials must be approved by the foreman and the Department of Ecology before installation.

E. The applicant for the building sewer permit shall notify the foreman when the building sewer is ready for inspection and connection to the public sewer. The connection shall be made under the supervision of the foreman or his or her representative.

F. All excavations for building sewer installation shall be adequately guarded with barricades and lights so as to protect the public from hazard. Streets, sidewalks, parkways and other public property disturbed in the course of the work shall be restored in a manner satisfactory to the town foreman. The owner and his or her contractor shall comply with all applicable OSHA and WISHA rules and regulations. The ownership of all main extensions, service pipes and appurtenant equipment maintained by the town foreman shall be vested in the town of Naches, and in no case shall the owner of any premises have the right to claim or reclaim any part thereof.

G. All connections to the public sewer shall be made by a licensed contractor and inspected by the town foreman prior to being backfilled. The fee for connecting to the public sewer is one thousand two hundred fifty dollars ($1,250.00) to be paid by the owner to the town prior to connection to the public sewer.

(Ord. 467 Art. 5 (part), 1998)

13.08.070 - Discharges to the public sewers.

A. In accordance with 40 CFR 403.5(a), no person shall discharge, or knowingly allow the discharge, of any pollutants into the publicly owned treatment works (POTW) which cause pass-through or interference, or which otherwise violates general or specific discharge prohibitions contained in 40 CFR Part 403.5 or WAC 173-216-060.

B.   No person shall discharge or cause to be discharged any of the following substances unless approved in writing by the foreman
               and the Department of Ecology under extraordinary circumstances (such as lack of direct discharge alternatives due to combined
               sewer service or the need to augment sewage flows due to septic conditions):
               1.   Noncontact cooling water in significant volumes;
2.   Stormwater, surface water, ground water, roof runoff, subsurface drainage, and other direct inflow sources;
3.   Unpolluted industrial process waters;
4.   Wastewaters significantly affecting system hydraulic loading, which do not require treatment, or would not be afforded a significant
                  degree of treatment by the system.
                  Stormwater and all other unpolluted drainage shall be discharged to such sewers as are specifically designated as storm sewers,
                  or to a natural outlet approved by the foreman and the Department of Ecology. Uncontaminated industrial cooling water or unpolluted
                  process waters may be discharged, on approval of the foreman and the Department of Ecology, to a storm sewer or natural outlet.
                  
                  
               

C.   No person shall discharge or cause to be discharged any of the following described waters or wastes to any public sewers:
               1.   Any waters or wastes containing toxic or poisonous solids, liquids or gases in sufficient quantity, either singly or in interaction
                  with other wastes, to injure or interfere with any sewage treatment process or to constitute a hazard to humans or animals,
                  or create a public nuisance, or create any hazard in the receiving waters of the sewage treatment plant, including but not
                  limited to cyanides in excess to two mg/L as CN (cyanide) in the wastes as discharged to the public sewer;
               
2.   Pollutants, which by reason of their nature of quantity are, or may be, sufficient either alone, or by interaction, to: (a)
                  create a fire or explosion hazard in the POTW (including, but not limited to, waste streams with a closed cup flashpoint of
                  less than one hundred forty (140) degrees Fahrenheit or sixty (60) degrees Centigrade using the test methods specified in
                  40 CFR 261.21), (b) prevent entry into the POTW for its maintenance or repair, or (c) be injurious in any other way to the
                  POTW or its personnel;
               
3.   Pollutants that will cause corrosive structural damage to the POTW, but in no case, any waters or wastes having a pH lower
                  than 5.0 or higher than 9.5 standard units, or having any other corrosive property capable of causing damage or hazard to
                  structures, equipment and personnel of the sewage works;
               
4.   Solid or viscous substances in quantities or of such size capable of causing obstruction to the flow in sewers, or other interference
                  with the proper operation or maintenance of the sewage works such as, but not limited to, ashes, cinders, sand, mud, straw,
                  shavings, metal, glass, rags, feathers, tar, plastic, wood, unground garbage, whole blood, paunch manure, hair and fleshings,
                  entrails, and paper dishes, cups, milk containers, etc., either whole or ground by garbage grinders;
               
5.   Any pollutant, including oxygen demanding pollutants (BOD, etc.), released in either a slug load or continuous discharge of
                  such volume, flow rate and/or pollutant concentration that will cause, or may cause, pass-through or interference with the
                  POTW;
               
6.   Petroleum oil, nonbiodegradable cutting oil, or products of mineral origin in amounts that will cause interference or pass-through;
7.   Pollutants that result in the presence of toxic gases, vapors or fumes within the POTW in a quantity that cause, or may cause,
                  acute worker health and safety problems;
               
8.   Any liquid or vapor containing heat in amounts that will inhibit biological activity in the POTW resulting in an interference,
                  but in no case, waste having a temperature higher than one hundred fifty (150) degrees Fahrenheit (sixty-five (65) degrees
                  Centigrade), or heat in such quantities that the temperature at the POTW headworks exceeds one hundred four (104) degrees
                  Fahrenheit (forty (40) degrees Centigrade), unless alternate temperature limits are approved in writing by the foreman and
                  the Department of Ecology;
               
9.   Any trucked or hauled pollutants, except at discharge points designated by the foreman;
10.   Wastewaters prohibited to be discharged to the POTW by the Dangerous Waste Regulations (Chapter 173-303 WAC), unless authorized
                  under Domestic Sewage Exclusion (WAC 173-303-071);
               
11.   Any gasoline, benzene, naphtha, fuel oil, or other flammable or explosive liquid, solid, or gas;
12.   Any water or waste containing fats, waste activated sludge, grease or oils, whether emulsified or not, in excess of one hundred
                  (100) mg/L or containing substances that may solidify or become viscous at temperatures between thirty-two (32) degrees Fahrenheit
                  (zero degree Centigrade) and one hundred fifty (150) degrees Fahrenheit (sixty-five (65) degrees Centigrade) or cause of pass-through
                  or interference;
               
13.   Any garbage that has not been properly shredded; the installation and operation of any garbage grinder equipped with a motor
                  of three-fourths horsepower (0.76 hp metric) or greater shall be subject to the review and approval of the foreman;
               
14.   Any waters or wastes containing strong acid, iron, pickling wastes, or concentrated plating solutions, whether neutralized
                  or not;
               
15.   Any waters or wastes containing iron, chromium, copper, zinc, and similar objectionable or toxic substances, or wastes exerting
                  an excessive chlorine requirement or interference with the ultraviolet disinfection process, to such degree that any such
                  material received in the composite sewage at the sewage treatment works exceeds the limits established by the foreman and
                  the Department of Ecology for such materials;
               
16.   Any waters or wastes containing phenols or other taste- or odor-producing substances, in such concentrations exceeding limits,
                  which may be established by the foreman and the Department of Ecology as necessary, after treatment of the composite sewage,
                  to meet the requirements of the state, federal, or other public agencies or jurisdiction for such discharge to the receiving
                  waters;
               
17.   Any radioactive wastes or isotopes of such half-life or concentration as may exceed limits established by the foreman and
                  the Department of Ecology in compliance with applicable state or federal regulations;
               
18.   Any septic tank waste;
19.   Materials that exert or cause:
                  a.   Unusual concentrations of inert suspended solids (such as, but not limited to, Fullers earth, lime slurries, and lime residues)
                     or of dissolved solids (such as, but limited to, sodium chloride and sodium sulfate),
                  
b.   Excessive discoloration (such as, but not limited to, dye wastes and vegetable tanning solutions),
c.   Unusual BOD, chemical oxygen demand, or chlorine requirements in such quantities as to constitute a significant load on the
                     sewage treatment works,
                  
d.   Unusual volume of flow or concentrations of wastes constituting "slugs" as defined in this chapter;
20.   Waters or wastes containing substances that are not amenable to treatment or reduction by the sewage treatment processes employed,
                  or are amenable to treatment only to such degree that the sewage treatment plant effluent cannot meet the requirements of
                  other agencies having jurisdiction over discharge to the receiving waters.
               

(Ord. 612, 2005: Ord. 467 Art. 6 (part), 1998)

13.08.080 - Handling of prohibited discharges.

A.   If any waters or wastes are discharged, or are proposed to be discharged to the public sewers, which waters contain the substances
               or possess the characteristics enumerated in Section 13.08.070(D), and which in the judgment of the foreman and the Department
               of Ecology may have a deleterious effect upon the sewage works, processes, equipment or receiving waters, or which otherwise
               create a hazard to life or constitute a public nuisance, the foreman and the Department of Ecology may:
               1.   Reject the wastes;
2.   Require pretreatment to an acceptable condition for discharge to the public sewers;
3.   Require control over the quantities and rates of discharge; and/or
4.   Require payment to cover the added cost of handling and treating the wastes not covered by existing taxes or sewer charges
                  under the provisions of Section 13.08.110.
               

B. If the foreman and the Department of Ecology permit the pretreatment or equalization of waste flows, the design and installation of the plants and equipment shall be subject to the review and approval of the foreman and the Department of Ecology, and subject to the requirements of all applicable codes, ordinances, and laws.

(Ord. 467 Art. 6 (part), 1998)

13.08.090 - Additional requirements for special discharges.

A. Grease, oil and sand interceptors shall be provided when, in the opinion of the foreman and the Department of Ecology, 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 shall not be required for private living quarters or dwelling units. All interceptors shall be of a type and capacity approved by the foreman and the Department of Ecology, and shall be located as to be readily and easily accessible for cleaning and inspection.

B. Where preliminary treatment or flow-equalizing facilities are provided for any waters or wastes, they shall be maintained continuously in satisfactory and effective operation by the owner or at his or her expense.

C. When required by the foreman and the Department of Ecology, the owner of any property serviced by a building sewer carrying industrial wastes shall install a suitable control manhole together with such necessary meters and other appurtenances in the building sewer to facilitate observation, sampling and measurement of the wastes. Such manhole, when required, shall be accessible and safely located, and shall be constructed in accordance with plans approved by the foreman. The manhole shall be installed by the owner at his or her expense, and shall be maintained by him or her so as to be safe and accessible at all times.

(Ord. 467 Art. 6 (part), 1998)

13.08.100 - Testing and sampling of waters and wastes.

A. All measurements, tests and analyses of the characteristics of waters and wastes to which reference is made in this chapter shall be determined in accordance with the latest edition of "Standard Methods for the Examination of Water and Wastewater," and acceptable to the Department of Ecology published by the American Public Health Association, and shall be determined at the control manhole provided, or upon suitable samples taken at such control manhole. In the event that no special manhole has been required, the control manhole shall be considered to be the nearest downstream manhole in the public sewer to the point at which the building sewer is connected.

B. Sampling shall be carried out by customarily accepted methods to reflect the effect of constituents upon the sewer works and to determine the existence of hazards to life, limb and property. The particular analyses involved

will determine whether a twenty-four (24) hour composite of all outfalls of a premises is appropriate or whether a grab sample or samples shall be taken. Normally, but not always, BOD and suspended solids analyses are obtained from twenty-four (24) hour composites of all outfalls, whereas pHs are determined from periodic grab samples.

(Ord. 467 Art. 6 (part), 1998)

13.08.105 - Responsible party for sewer charges.

All accounts for sewer charges shall be kept in the name of the property owner who shall be responsible for payment of all charges set forth in this chapter. At the request of the property owner, the clerk-treasurer or his/her designee may bill the consumer or consumers, but the charge shall ultimately be the responsibility of the property owner.

(Ord. 536 (part), 2000)

13.08.110 - User charges.

A.   Residential Rates.
               1.   Single-family dwellings shall be charged a rate of forty-one dollars and seventy-four cents ($41.74) per month, regardless
                  of occupancy status, provided sewer service is requested and connection has been made.
               
2.   Multi-residential developments, including manufactured housing parks, condominium and townhouse developments, and residential
                  development complexes (duplexes, triplexes, etc.) served collectively or independently, shall be charged of forty-one dollars
                  and seventy-four cents ($41.74) per unit, or space, per month, without consideration to occupancy status.
               
3.   Low-Income Senior Citizens and Low-Income Disabled Persons Occupant Rate.
                  a.   Single-family dwellings within the corporate limits of the Town of Naches, occupied by low-income senior citizens or low-income
                     disabled persons shall be charged a rate of thirty-seven dollars and seven cents ($37.07) per month, per dwelling, provided
                     sewer service is requested and connection has been made.
                  
b.   A senior citizen is a person who occupies a dwelling unit where either the person or the person's spouse is sixty-two (62)
                     years of age or older at the commencement of any month.
                  
c.   A low-income senior citizen shall be a senior citizen whose income, combined with the income of the spouse, if any, for the
                     calendar year preceding was fifteen thousand dollars ($15,000.00) or less.
                  
d.   A disabled person is a person who occupies a dwelling unit and qualifies for special parking privileges under RCW 46.16.381(1)(a)
                     through (f) or a blind person as defined in RCW 74.18.020(4) or developmentally disabled as defined in RCW 71A.10.020(2) or
                     a mentally ill person as defined in RCW 71.05.020(1).
                  
e.   A low-income disabled person shall be a disabled person whose income, combined with the income of the spouse, if any, for
                     the calendar year preceding was fifteen thousand dollars ($15,000.00) or less.
                  
f.   Combined income shall be income from all sources, provided that only two-thirds () of any social security benefits, two-thirds () of any retirement pension, two-thirds () of disability benefits, and the full amount of any other income shall be considered as income for the purpose of this section,
                     and provided further, that the gain realized by any person from the sale, transfer, or upon being displaced from, his or her
                     residence shall not be considered as income for the purposes of this section, if reinvested in a replacement residence within
                     eighteen (18) months of its realization.
                  
g.   Determination of eligibility shall be made by the town clerk/treasurer based upon the annual statement of the low-income senior
                     citizen or low-income disabled person, or any other reasonable and verifiable means at the discretion of the clerk/treasurer.
                  
4.   Sewer service charges for residential sewer service customers located outside the corporate limits of the Town of Naches shall
                  be one hundred fifty percent (150%) of the applicable sewer service charges charged to all town residential sewer service
                  customers.
               

B.   Commercial/Business Rates. Sewer rates for commercial and business users shall be based upon the volume of water delivered
               for a minimum monthly charge, plus a unit rate for each cubic foot of water delivered in excess of the first four hundred
               (400) cubic feet, as follows:
               1.   The minimum monthly charge to a commercial/business account in this category shall be of forty-one dollars and seventy-four
                  cents ($41.74) per establishment, per month, regardless of occupancy status.
               
2.   Small Commercial Users. For commercial and business establishments maintaining only restroom facilities for employees and
                  the public, with less than five full time employees, domestic waste charges shall be based upon metered water consumption
                  per cubic foot, and shall be of forty-one dollars and seventy-four cents ($41.74) for the first four hundred (400) cubic feet
                  and three dollars and sixty-eight cents ($3.68) per one hundred (100) cubic feet thereafter, per month.
               
3.   Medium Commercial Users. For commercial and business establishments maintaining only restroom facilities for employees and
                  the public, with five to ten full time employees, including churches and meeting halls, domestic waste charges shall be based
                  upon metered water consumption per cubic foot, and shall be forty-seven dollars and twenty-five cents ($47.25) for the first
                  four hundred (400) cubic feet and three dollars and sixty-eight cents ($3.68) per one hundred (100) cubic feet thereafter,
                  per month.
               
4.   Large Commercial Users. For commercial and business establishments maintaining only restroom facilities for employees and
                  the public, with more than ten full time employees, domestic waste charges shall be based upon metered water consumption per
                  cubic foot, and shall be sixty-five dollars and eighty-nine cents ($65.89) for the first four hundred (400) cubic feet and
                  three dollars and sixty-eight cents ($3.68) per one hundred (100) cubic feet thereafter, per month.
               
5.   Food Service Establishments. For grocery stores, bakeries, restaurants, drive-ins, taverns and convenience stores serving
                  food, waste charges shall be based upon metered water consumption per cubic foot, and shall be seventy-seven dollars and fifty-four
                  cents ($77.54) for the first four hundred (400) cubic feet and three dollars and sixty-eight cents ($3.68) per one hundred
                  (100) cubic feet thereafter, per month.
               
6.   Motels. Motels shall be charged at the rates listed above for commercial and business establishments based on metered water
                  consumption per cubic foot. For purposes of establishing the minimum monthly charge, each room shall be considered equivalent
                  to a full time employee, regardless of occupancy status. If food is prepared and served at a motel, then the motel shall be
                  considered a food service establishment.
               
7.   Where multiple commercial and business establishments are tenants in a single building and are served by a common water meter,
                  and have a single account with the town, domestic waste charges shall be based upon metered water consumption per cubic foot.
                  The minimum monthly charge shall be the total sum of the minimum monthly charges, determined as if each establishment were
                  an individual account, using the commercial and business categories described above. A minimum of four hundred (400) cubic
                  feet of usage shall be allotted to each establishment, and the charge per cubic foot for usage above the minimum shall be
                  three dollars and sixty-eight cents ($3.68) per one hundred (100) cubic feet thereafter, per month. If commercial and business
                  establishments are served by separate water meters, then each establishment shall be charged at the appropriate base rate
                  specified above, but not less than of forty-one dollars and seventy-four cents ($41.74) per meter, and the charge per cubic
                  foot for usage above the minimum shall be three dollars and fifty cents ($3.50) per one hundred (100) cubic feet thereafter,
                  per month.
               
8.   Where multiple commercial and business establishments are tenants in a single building and are served by a common water meter,
                  and each establishment has a separate account with the town, domestic waste charges shall be based upon metered water consumption
                  using the commercial and business categories described above. Billing amounts for usage in excess of the minimum, per cubic
                  foot, shall be distributed equally between the establishments connected to the meter at a rate of three dollars and sixty-eight
                  cents ($3.68) per one hundred (100) cubic feet thereafter, per month.
               
9.   Commercial/business users who lose water through evaporation, irrigation, or in a product, may request a reduction in their
                  monthly sewer charge only if the difference between water consumed and wastewater discharged to the town is documented through
                  the use of water meters. In such a situation, the monthly sewer charges will be based upon the volume of wastewater discharged
                  to the town at the appropriate rate specified within this section.
               
10.   Sewer service charges for commercial/business sewer service customers located outside the corporate limits of the Town of
                  Naches shall be one hundred fifty percent (150%) of the applicable sewer service charges charged to all town commercial/business
                  sewer service customers.
               

C.   School Rates. Sewer rates for school users shall be based upon the volume of water delivered for a minimum monthly charge,
               plus a unit rate for each cubic foot of water delivered in excess of the first four hundred (400) cubic feet, as follows:
               1.   Schools. For public or private schools discharging sewage to the town sewer system, waste charges shall be based upon average
                  monthly metered water consumption per cubic foot during the non-irrigation season, and shall be one hundred seventy-nine dollars
                  and fifty-five cents ($179.55) for the first four hundred (400) cubic feet and three dollars and sixty-eight cents ($3.68)
                  per one hundred (100) cubic feet thereafter, per month, per school. Average monthly metered water consumption during the non-irrigation
                  season is defined as the total water consumed from October 1 through March 31 divided by six.
               
2.   Administration and Ancillary Buildings. Administration, shop, maintenance, and other ancillary buildings owned or leased by
                  the school, and receiving sanitary sewer service from the town, shall be charged for service at the rates set forth for commercial/business
                  users.
               
3.   Sewer service charges for school sewer service customers located outside the corporate limits of the Town of Naches shall
                  be one hundred fifty percent (150%) of the applicable sewer service charges charged to all town school sewer service customers.
               

D.   Industrial Rates. Sewer rates for industrial users shall be based upon the volume of water delivered for a minimum monthly
               charge, plus a unit rate for each cubic foot of water delivered in excess of the first four hundred (400) cubic feet, as follows:
               1.   General Industrial User Conditions. The following conditions apply to all industrial users discharging to the town wastewater
                  facilities:
                  a.   There shall be no unmetered sources of water contributing wastewater to the town sewage works without the knowledge and prior
                     written approval of the town.
                  
b.   The town reserves the right to test, monitor, and control any wastewater discharged to any town facility at any time.
c.   Industrial users who lose water through evaporation, irrigation, or in a product, may request a reduction in their monthly
                     sewer charge only if the difference between water consumed and wastewater discharged to the town is documented through the
                     use of water meters. In such a situation, the monthly sewer charges will be based upon the volume of wastewater discharged
                     to the town at the appropriate rate specified within this section.
                  
d.   Industrial users of the town wastewater facilities shall be evaluated and determined by the town as to whether monitoring
                     stations on wastewater discharges will be required. If monitoring stations are required by the town, the town shall designate
                     when, where, and how many stations shall be placed. Town-approved monitoring stations shall be installed and maintained continuously
                     in satisfactory and effective operation by, and at the expense of, the industrial user, at the direction of the town.
                  
2.   Industrial Discharges. For establishments discharging industrial process wastes, either separate or in combination with domestic
                  sewage, waste charges shall be based upon metered water consumption per cubic foot, and shall one hundred seventy-nine dollars
                  and fifty-five cents ($179.55) for the first four hundred (400) cubic feet and three dollars and sixty-eight cents ($3.68)
                  per one hundred (100) cubic feet thereafter, per month.
               
3.   Sewer service charges for industrial sewer service customers located outside the corporate limits of the Town of Naches shall
                  be one hundred fifty percent (150%) of the applicable sewer service charges charged to all town industrial sewer service customers.
               

E.   Special Sewer Rate Considerations. When a sewer rate is based on metered water consumption, there may be circumstances when
               normal procedures for determining monthly sewer rates do not apply. The following considerations shall apply when determining
               the monthly sewer rate under special circumstances:
               1.   When a water meter fails or malfunctions and it is not possible to accurately determine the amount of water consumed, the
                  amount to be charged for sewer for any month during which the meter failure or malfunction or leak occurred shall be based
                  on the metered consumption of water for the same period the previous year. In the event there is no record of water consumption
                  for the same period in the prior year, the amount of consumption shall be estimated by the town.
               
2.   In the event of a verified leak, which would result in an unusually large sewer billing due to increased water usage, said
                  sewer charges shall be based upon the metered consumption of water for the same period the previous year. In the event there
                  is no record of water consumption for the same period in the prior year, the amount of consumption shall be estimated by the
                  town.
               
3.   The average water consumption for the non-irrigation season shall be based on the water meter readings from October 1 through
                  March 31, or the actual dates of meter readings closest to those dates representing six months of usage. Sewer rates for a
                  new user now utilizing service from an existing meter shall be billed based on the water consumption for that meter, unless
                  the new user has a history of water consumption at another meter in the town and has terminated use of that other meter. If
                  a new user has a history of lower water consumption at a previous meter within the town, then the town may use the previous
                  history of water consumption to determine the sewer rate, provided a written request is made to the town.
               
4.   If insufficient information is available to determine the water consumption at a sewer service that is charged based upon
                  the volume of water delivered, then the town will determine the monthly sewer rate to be one hundred fifty percent (150%)
                  of the minimum monthly charge for sewer service. Situations where this may occur include new accounts which do not have a
                  history of water consumption to determine the average water consumption, services which do not have water meters, and services
                  which may be turned off during portions of the year.
               

(Ord. 636, 2007: Ord. 600, 2003: Ord. 583, 2003: Ord. 570, 2002: Ord. 557, 2001: Ord. 520, 1999: Ord. 472, 1999; Ord. 467 Art. 7 (part), 1998; Ord. 445, 1997)

(Ord. No. 643, 12-8-2008)

13.08.115 - Proration of sewer charges.

In the event a property owner discontinues sewer service during a billing period, the town shall prorate their sewer charges. The consumer must notify the town that they wish to discontinue their sewer service. If the consumer is not the property owner, the property owner must notify the town that they wish to discontinue their sewer service.

The effective date of the start/end of sewer service shall determine the number of days to be used to determine the amount of the proration of the charges. Charges will be based upon the number of days of usage as indicated in the following schedule:

1. One to fifteen (15) days: fifty (50) percent of monthly bill.

2. Sixteen (16) to thirty-one (31) days: one hundred (100) percent of monthly bill.

However, should the water consumption from a meter reading determine an overage usage occurred, the sewer charges shall be for the full monthly fee.

This section does not apply for temporary uses.

(Ord. 560 (part), 2001: Ord. 536 (part), 2000)

13.08.120 - Sewer service billing, due date and late charges.

A. Sewer service charges shall be billed monthly and may be combined with water, garbage and other related charges and taxes.

B. Sewer charges are due and payable on or before the twentieth day of the month following the billing period. Payments which are dropped off at Town Hall before midnight on the twentieth day of the month following the billing period will be accepted without incurring late charges. If the due date indicated on the bill (the twentieth day of the month following the billing period) falls on a weekend or holiday, consumers will be given until midnight on the next business day to pay their bill or have their payment postmarked without incurring any late charges.

C. A late charge of twenty-five dollars ($25.00) shall be posted to all accounts with an outstanding balance greater than five dollars on the twenty-first day of the month following the billing period except as noted above. The number of late charges applied to the utility account shall be equal to the number of residential/commercial units serviced on the utility account. Delinquent notices, indicating the late charge, shall be mailed to all accounts subject to the late charge. The delinquent notice shall be mailed to the property owner and renter (if applicable) for all accounts receiving a late charge. In cases where the town has not been notified of the renter's name and address, no delinquent notice shall be mailed to the renter.

D. On the twenty-first day of the second month of the billing period, a twenty-five-dollar ($25.00) late charge shall be placed on government agency accounts and special taxing district accounts. (Government agencies and special taxing districts shall have approximately thirty (30) additional days in which to pay the domestic water service bill before incurring a late charge).

E. As a courtesy to consumers, door hangers may be hung on residences and commercial establishment accounts which have not paid their sewer bill. Door hangers may be delivered on the thirtieth day of the month following the billing period. If this day falls on a weekend or holiday, the door hanger will be hung on the previous business day.

F. If the sewer service charges (including any late charges or other related charges) have not been paid by the fifth day of the month following the due date, the town is authorized to discontinue sewer service to the property by plug or other reasonable means as determined by the town. If the fifth day of the month following the due date falls on a weekend or holiday, the sewer service will be discontinued on the next business day. In the event sewer service is discontinued due to nonpayment, there shall be a charge of twenty-five dollars ($25.00) to turn on the sewer service. All charges, including late charges, the turn on charge and any related charges, shall be paid in full prior to the town turning on the sewer service.

G. All charges for sewer service provided for in this chapter, or as may be hereafter amended, together with any late fees, penalties, or interest thereon, shall be a lien upon the property with which such sewer service is rendered, superior to all other liens and encumbrances whatsoever, except for general taxes and local special assessments. Enforcement of such lien shall be in the manner provided by law.

(Ord. 605, 2004; Ord. 562 (part), 2001; Ord. 535 (part), 2000: Ord. 467 Art. 7 (part), 1998)

13.08.130 - Collection agency.

Any account which is at least sixty (60) days past due shall be turned over to a collection agency. The property owner will be required to pay any and all additional charges incurred by the collection process.

(Ord. 535 (part), 2000; Ord. 467 Art. 7 (part), 1998)

13.08.150 - Damage to sewage works—Penalty.

No unauthorized person shall break, damage, destroy, uncover, deface, or tamper with any structure, appurtenance, or equipment which is a part of the sewage works. Any person violating this provision shall be guilty of a misdemeanor punishable by a fine not to exceed one thousand dollars ($1,000.00).

(Ord. 467 Art. 8, 1998)

13.08.160 - Powers and authority of inspectors.

A. The foreman and other duly authorized employees of the town bearing proper credentials and identification, and the Department of Ecology, shall be permitted to enter all properties for the purpose of inspection, observation, measurement, sampling and testing in accordance with the provision of this chapter. The foreman or his or her representative and the Department of Ecology shall have no authority to inquire into any process including metallurgical, chemical, oil, refining, ceramic, paper or other industries beyond that point having a direct bearing on the kind and source of discharge to the sewers or waterways or facilities for waste treatment.

B. While performing the necessary work on private properties referred to in subsection A of this section, the foreman or duly authorized employees of the town shall observe all safety rules applicable to the premises established by the company and the company shall be held harmless for injury or death to the town employees, and the town shall indemnify the company against loss or damage to its property by town employees and against liability claims and demands for personal injury or property damage against the company and growing out of the gauging and sampling operation, except as such may be caused by negligence or failure of the company to maintain safe conditions as required in Section 13.08.090(C).

C. The foreman and other duly authorized employees of the town bearing proper credentials and identification, and the Department of Ecology, shall be permitted to enter all private properties through which the town holds a duly negotiated easement for the purpose of, but not limited to, inspection, observation, measurement, sampling, repair and maintenance of any portion of the sewage works lying within said easement. All entry and subsequent work, if any, on said easement, shall be done in full accordance with the terms of the duly negotiated easement pertaining to the private property involved.

(Ord. 467 Art. 9, 1998)

13.08.170 - Administrative costs.

A. Any person found to be violating any provision of this chapter except Section 13.08.150 shall be served by the town with written notice stating the nature of the violation and providing a reasonable time limit for the satisfactory correction thereof. The offender shall, within the period of time stated in such notice, permanently cease all violation.

B. Any person who shall continue any violation beyond the time limits provided for in subsection A of this section shall be guilty of a misdemeanor, and on conviction thereof shall be fined in the amount not exceeding one thousand dollars ($1,000.00) for each violation. Each day in which any such violation occurs shall be deemed a separate offense.

(Ord. 467 Art. 10, 1998)

13.08.180 - Liability for costs or damages.

Any person violating any of the provisions of this chapter shall become liable to the town for all expenses, loss, or cost of repair caused by reason of such violation.

(Ord. 467 Art. 12, 1998)