HomeMy WebLinkAbout2010-010ORDINANCE NO. 2010-010
AN ORDINANCE OF THE CITY OF ARLINGTON, WASHINGTON AMENDING AND
REPEALING CERTAIN SECTIONS OF ARLINGTON MUNICIPAL CODE TITLE 13
RELATING TO UTILITY SERVICE REGULATIONS
WHEREAS, the City of Arlington, Washington has the authority to adopt ordinances for
the general welfare of its citizens; and
WHEREAS, certain provisions of the Arlington Municipal Code are outdated and require
revision; and
WHEREAS, the City Council of the City of Arlington has requested revisions be made to
Title 13, relating to utility service regulations;
NOW, THEREFORE, the City Council of the City of Arlington, Washington does hereby
ordain as follows:
Section 1. Arlington Municipal Code Chapter 13.04 is repealed in its entirety.
Section 2. A new Chapter 13.04 is hereby added to the Arlington Municipal Code, as
follows:
13.04.010
13.04.020
13.04.030
13.04.040
13.04.050
13.04.060
13.04.070
13.04.080
13.04.090
13.04.100
13.04.110
13.04.120
13.04.130
13.04.140
13.04.150
13.04.160
13.04.170
13.04.180
13.04.190
Chapter 13.04
WATER REGULATIONS
Title.
Water department established.
Purpose.
Territorial application.
Intent.
Definitions.
Applicability
Authority of the utility.
Intent to serve.
Service interruptions.
Comprehensive Water system plan.
Emergency plan.
Water shortage contingency plan.
Connections or modifications to the water system.
System ownership.
Permits and Approvals.
Demolition and removal of structures
Engineering and design requirements.
Fire Services
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13.04.200
Installation responsibility.
13.04.210
Latecomer agreements.
13.04.220
Water easement requirements.
13.04.230
Construction requirements.
13.04.240
Construction and warranty inspections and tests.
13.04.250
Water quality programs.
13.04.260
Wellhead protection
13.04.270
Cross -connection abatement and control.
13,04.280
Water conservation practices
13.04.290
Maintenance of water system.
13.04.300
Existing system inspections.
13,04.310
Interconnection with adjacent water systems.
13.04.320
Regulations of other agencies.
13.04.330
Fees for permits/approvals — Specific services.
13.04.340
Connection charges.
13.04.350
Water rates.
13.04.360
Violations — Penalties.
13.04.010 Title.
This chapter shall be known as the water utility code and shall be referred to herein as the
"code."
13.04.020 Water department established.
A department of the combined water and sewer department of the city, which shall be
known as the utility department, is established. The officers and other employees shall
consist of such personnel as deemed necessary for the efficient administration of the
department.
13.04.030 Purpose.
The purpose of this code is to:
(a) Provide for the planning, security, design, construction, use, maintenance, repair and
inspection of public and private water systems and to protect the life, health and
property of the general public.
(b) Establish programs and regulations consistent with federal and state regulations
which assure the quality of the water in such systems as well as provide for the
efficient and conservative use of such water.
(c) Provide for the enforcement of the provisions of this code.
13.04.040 'Territorial application.
This code shall be in effect throughout the utility service area, as defined in AMC
13.04.050.
13.04.050 Intent.
It is the specific intent of this code to:
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(a) Enact an exercise of the police power of the City of Arlington to protect and preserve
the public health, safety and welfare; its provisions shall be liberally construed to
accomplish this purpose.
(b) Provide for and to promote the health, safety and welfare of the general public and
not to create or otherwise establish or designate any particular class or group of
persons who will or should be especially protected or benefitted.
(c) Place the obligation of compliance upon the owner/operator. Nothing contained in
this code is intended to be or shall be construed to create or form the basis for liability
on the part of the City of Arlington, its utility, officers, employees or agents for any
injury or damage resulting from the failure of the owner or operator of any private
system to comply with the provisions of this code, or by reason or in consequence of
any act or omission in connection with the implementation or enforcement of this
code by the City of Arlington, its utility, officers, employees or agents.
13.04.060 Definitions.
The following words and phrases, when used in this code, shall have the following
meanings:
(a) "AMC" means Arlington Municipal Code.
(b) "As -built" means a final drawing of the actual installation of structures, materials
and equipment that meets the requirements specified in the most recent edition of
the "City of Arlington Engineering Design and Construction Standards and
Specifications".
(c) "Backflow" means the flow of contaminated water or other liquids, gases or
substances into the potable water supply.
(d) `Backflow prevention assembly" means an assembly which prohibits the
backflow of water into the potable water supply.
(e) "Billing Unit" means, in the case of multiple occupancy commercial or industrial
facilities, each unit shall be defined as an occupancy or business capable of
standing alone. A unit that has restroom facilities, a separate entrance and that is
able to operate regardless of whether other businesses or units are open for
business. For example, a florist within a supermarket would not be a billing unit; a
florist in a multiple occupancy strip mall with its own entrance would be a
separate unit for billing purposes.
(f) "City" means the City of Arlington, Washington unless otherwise specified.
(g) Comprehensive Water System Plan" means the latest version of the City of
Arlington Comprehensive Water System Plan as adopted by the City Council.
(h) "Connection charges" means charges imposed as a condition of providing utility
service so that each connecting property bears its equitable share of the costs of
the public water system and the utility's share the cost of any regional water
supply system and of the costs of facilities that benefit the property. Connection
charges may include latecomer charges and installation charges.
(i) "Cross -connection" means any actual or potential physical connection between
the public water system or the consumer's water system and any source of non -
potable liquid, solid or gas that could contaminate the potable water supply by
backflow.
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(j) "Cross -connection control" means a backflow prevention assembly, air gap or
other control designed to prevent backflow from a cross -connection.
(k) "Director" means the director of the Arlington Public Works Department, or
his/her designated representative.
(1) "Emergency" means any natural or human caused event or set of circumstances
which disrupts or threatens to disrupt or endanger the operation, structural
integrity or safety of the public water system; constitutes an immediate health
hazard to the potability of the utility's water supply or endangers the health and
safety of the public; or otherwise requires immediate action by the utility.
(m)"Engineering Standards" means the most recently adopted edition of the City of
Arlington Design and Construction Standards and Specifications manual which
includes minimum requirements for the design and construction of water, storm
and surface water drainage and sanitary sewer facilities.
(n) "ERU" means equivalent residential unit. One ERU equals 250 gallons per day,
the estimated average consumption for one residential unit. The ERU is used for
connection fee calculations and is based on the number of residential units the
project will represent in terms of impact to the utility.
(o) "Inactive Service" means any water service that has not been in use for 5 years or
more. Reactivation of a water service that has been inactive for 5 years or more
shall only be reactivated upon payment of all fees for a new connection in effect
at the date of reactivation. No service credit will be allowed for services
discontinued for 5 years or more.
(p) "Fire hydrant assembly" means a fire hydrant and the piping and valve to connect
it to a water main.
(q) "Fire sprinkler system" means a privately owned and maintained system used for
fire extinguishment only, including piping and appurtenances inside and outside a
building but excluding fire hydrant assemblies.
(r) "Irrigation systems" means any means of applying water to landscaped areas.
(s) "Low -volume irrigation systems" means automatic irrigation systems, such as
drip systems, micro -spray bubblers and soaker hoses that apply water directly to
the root zone(s) of landscape plants only, in contrast to irrigation systems, such as
those with overhead or broadcast nozzles that apply water to all surfaces within
the landscape.
(t) "Potable water system" means any part of the public water system or of a private
water system that carries potable water.
(u) "Private water system" means any part of the water system that is not part of the
public water system.
(v) "Property owner" means any individual, company, partnership, joint venture,
corporation, association, society or group that owns or has a contractual interest in
the subject property or has been authorized by the owner to act on his/her behalf.
(w) "PRV" means pressure reducing valve. A PRV is a valve installed on the water
service to reduce system pressure to the customer. The PRV is installed, owned,
operated and maintained by the customer.
(x) "Public water system" means all pipes, pump stations, reservoirs, sources of
supply, meters, valves and appurtenances that are owned by the utility for the
delivery of potable water. The public water system does not include those
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facilities located on the customer side of meters, or the customer side of backflow
prevention assemblies on non -metered fire services.
(y) "Service connection." See "water service."
(z) "Service Credit" means when an active service is temporarily (5 years or less)
discontinued for purposes of replacement of existing customer uses, either as
replacement of existing structures or redevelopment the new service may be given
credit for the existing service on the request for service application. The ERU's
originally paid for on the existing use may be credited against the connection fees
determined by the utility for the new use.
(aa) "Regional water supply system" means any existing or planned water
supply facilities or other assets which are owned by a regional water supply
agency and which are utilized to provide water supply to the utility.
(bb) "Unsafe condition" means any condition on any premises, or in any
private water system thereon, that is a hazard to public health or safety, that does
or may impair or impede the operation or functioning of any portion of the public
water system, or that may cause damage thereto.
(cc) "Utility" means the water utility component of the Utilities Division of the
City of Arlington Public Works Department.
(dd) "Utility service area" means that service area defined in the North
Snohomish County Coordinated Water System Plan (CWSP).
(ee) "Water emergency" means that period of time during which water is not
available or its availability is limited due to shortages in supply, interruptions in
the water transmission or distribution systems, contamination of water supplies, or
other conditions where use restrictions or prohibitions are necessary in order to
efficiently and effectively safeguard the safety and health of the general public
and to provide water for essential public uses.
(ff) "Water facility" means any facility for the source of supply, pumping, treatment,
conveyance or storage of water and related appurtenances, whether part of the
public water system or a private water system that is connected to or intended to
be connected to the public water system.
(gg) "Water main" means a water pipe that is part of the public water system
used for the transmission and distribution of potable water, excluding service
connections, fire hydrant assemblies and fire sprinkler systems.
(hh) "Water service" (also called a service, water service connection or service
connection) means the pipe and appurtenances used to provide potable water to an
individual building or irrigation system, including the water service line (the pipe
extending from the water main to the meter), meter, meter box, and miscellaneous
fittings.
(ii) "Water system" means the entire public water system within the utility service
area.
Oj) "Water system plan" means the most current version of water system
comprehensive plan for the utility as approved by the DOH and adopted by
Council.
13.04.070 Applicability of file utility
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Any of the actions or applications for the following permits shall require submittal for
approval by the utility of site plans, design drawings, and operation and maintenance
plans. Submittals for the following shall be consistent with the provisions of this code
and shall comply with the adopted Water System Plan and the Engineering Standards.
(a) Any modification to the existing water system.
(b) Any additions, expansions or extensions of the existing water system.
(c) New development.
(d) Redevelopment that requires alterations to the water system.
(e) Subdivision and short subdivisions
(f) Commercial, industrial or multi -family site plan approval.
13.04.080 Authority of the utility.
The utility, by and through its director, shall have the authority to:
(a) Develop, adopt and carry out procedures as needed to implement this code and to
carry out other responsibilities of the utility, including, but not limited to, procedures
pertaining to the billing and collection of water consumption charges, water service
charges and all other fees and charges imposed pursuant to this code, and procedures
for periodic adjustment of fees and charges imposed pursuant to this code and rate
structure as defined in AMC 13.12.
(b) Prepare and update, as needed, City of Arlington Engineering Standards to establish
minimum requirements for the design and construction of water facilities and
requirements for protecting existing facilities during construction. The Engineering
Standards shall be consistent with this code and adopted city policies.
(c) Administer and enforce this code and all procedures relating to the planning,
acquisition, security, design, construction, inspection, maintenance, management,
operation and alteration of the public water system, including capital improvements,
and relating to the design, construction and inspection of private water systems.
(d) Enter into any contracts pursuant to Chapter 35.91 RCW, the Municipal Water and
Sewer Facilities Act, including contracts which provide for the reimbursement of
owners constructing facilities (latecomer agreements) and agreements with private
property owners for the extension of the public water system (utility extension
agreements).
(e) Advise the city council, city administrator and other city departments and
commissions on matters relating to the utility.
(f) Initiate and manage programs to further the water quality requirements and objectives
of the utility including inspection of public and private property to identify and
eliminate potential sources of contamination of the public water system and the
sources of supply including inspection of backflow prevention assemblies installed to
separate or isolate premises from the public water system.
(g) Develop and implement programs and restrictions related to water use, including the
comprehensive water conservation program, landscape water budgeting requirements,
irrigation system design and performance requirements, and a water shortage
contingency plan to be implemented during water shortages caused by weather or by
system failure.
(h) Prepare and recommend the water system plan referenced in AMC 13.04.070 and
revisions thereto, for adoption by the city council and implementation by the utility.
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(i) Carry out other responsibilities as required by this code or other city codes,
ordinances or regulations consistent with the Arlington Comprehensive Plan.
(j) Shut off water to any utility customer who is violating any provision of this code to
the extent permitted by law.
(k) Perform or direct the performance of financial review and analysis of the utility's
revenues, expenses, indebtedness, rates and accounting and recommend budgets, rates
and financial policy for adoption by the city council.
13.04.090 Intent to serve.
The utility intends to provide water service to all customers within the utility service area,
subject to the requirements of this code, other provisions of the Arlington Municipal code
and applicable state law, and such reasonable conditions which may be attached to the
provision of service.
13.04.100 Service interruptions.
The utility does not guarantee that water will be continuously available within the utility
service area. Water may be temporarily unavailable due to a system failure, emergency,
construction or maintenance or other unforeseen circumstance.
13.04.110 Comprehensive Water System Plan.
A water system plan, also referred to as the City's Water Comprehensive Plan, shall be
developed by the utility for review and adoption by the city council as required by state
law. The utility shall recommend supplemental or updated plans for adoption by the city
council as needed.
13.04.120 Emergency plan.
The utility will prepare and update an emergency plan, as required by WAC 246-290-
415, as part of the City's Emergency Operation Plan, for review and adoption by the city
council.
13.04.130 Water shortage contingency plan.
The utility shall develop, maintain and implement as necessary, a water shortage
contingency plan to respond to anticipated or actual water supply shortages resulting
from weather conditions, regional water system failure and/or local public water system
failure. The director is authorized to implement the water shortage contingency plan at
such times as the city's water supply is threatened by or experiencing a water supply
shortage. Within the framework of the Water Shortage Contingency Plan, the director
may impose restrictions or limitations on the use of water by type of use, customer class
or geographic area depending upon the nature and extent of the water supply shortage. A
rate surcharge may be imposed pursuant to AMC 13,04.270.
13.04.140 Connections or modifications to the water system.
Connections or modifications to the public water system including, but not limited to,
extension of water mains, new service, meter size, location and grade changes,
abandonment or removal of any structure connected to the public water system, and
temporary connections to a fire hydrant, shall be allowed only if:
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(a) Approval has been received from the utility (see AMC 13.04.160); and
(b) All applicable requirements of this code and utility procedures have been met; and
(c) All applicable Engineering Standards have been met and approved by the utility; and
(d) The property owner has paid all applicable fees and charges; and
(e) The water is delivered from the utility to the user via a metered service owned by the
utility, except for fire sprinkler systems over two inches in diameter and except for
authorized temporary use of fire hydrants; and
(f) Any private wells serving the property are disconnected from the potable water
supply, decommissioned per Engineering Standards, and existing water rights
transferred to the utility; and
(g) Any existing non -reusable water services are abandoned; and
(h) The property is within the utility service area or within an area served by the utility
through agreement with another jurisdiction.
13.04.150 System ownership
Utility Ownership of Water Facilities.
(a) The utility owns all water facilities in public right-of-way and in easements dedicated
to and accepted by the utility, up to and including the meter, except to the extent that
private ownership is otherwise indicated as a matter of record. Such facilities
typically include:
(1) Meters and all facilities connecting meters with water mains;
(2) Pipe and fittings from the back side of the meter to the point of connection to the
private system at the right of way, property line or easement line.
(3) Water mains;
(4) Fire hydrant assemblies;
(5) Reservoirs, pumping stations, inlet meters, pressure reducing valve stations and
other appurtenances intended to serve the general public;
(6) The valve separating the public water system from a private fire sprinkler system.
(7) PRV's are required for all services. The installation, operation, maintenance and
ownership of the PRV is the responsibility of the owner of the property being
served.
(8) Separate shut off valves are required for all services. The installation, operation,
maintenance and ownership of the shut off valve is the responsibility of the owner
of the property being served.
(b) The utility may acquire existing private water facilities, provided that:
(1) Ownership of the facility by the utility would provide a public benefit; and
(2) Necessary and appropriate property rights are offered by the property owner at no
cost to the utility; and
(3) The facility meets current Engineering Standards, as determined by the utility, or
is brought up to current Engineering Standards by the owner; and
(4) The utility has adequate resources to maintain the facility; and
(5) The facility is transferred to the utility by bill of sale at no cost to the utility.
(c) It is unlawful for any person, except Water Department personnel or Fire Department
personnel, to tamper with any portion of the City owned water system, including the
operation of valves, fire hydrants, meters, appurtenances, vandalism and theft of
water.
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13.04.160 Permits and Approvals.
(a) General. The utility shall administratively determine submittal requirements for all
utility permits and approvals.
(b) Application for Water Service. An application for water service is required to initiate
a new or upgraded connection to the public water system.
(c) Water System Extension Agreement.
(1) The property owner and the utility shall enter into a water system extension
agreement whenever any of the water facilities that must be installed to serve the
property for the proposed use are two (2) inch and larger. The water system
extension agreement shall provide for the property owner to build, at no cost to
the utility, all the water facilities needed to serve the property. These facilities
may include meters and water services of any size, fire hydrant assemblies, fire
sprinkler systems, water main extensions and/or other system components. The
minimum facility size shall be in accordance with the Engineering Standards of
the City of Arlington.
(2) The utility shall approve constructed facilities as complete once the facilities have
been built according to the approved plans and specifications, as confirmed by
utility inspectors; as -built drawings have been completed as specified in the
Engineering Standards; and all applicable fees and charges have been paid.
(3) The property owner shall be required to provide surety devices, in a form
approved by the City: for water system extensions in city right-of-way; for
connections to the water main during construction and for a warranty period in
accordance with the City of Arlington Engineering Standards.
(4) When a water system extension agreement is required to serve a proposed
commercial or multifamily building, the utility will not sign off on the building
permit until the system extension agreement has been approved and accepted by
the utility. When a water system extension agreement is required to relocate a
water main from under a proposed building, the utility shall not sign off on the
building permit until the system extension has been completed and has been
accepted by the utility, unless the building permit is conditioned to require
relocation prior to site construction.
(d) Approval for Single Fire Hydrant Installation. The utility may allow relocation or
upgrade of a single fire hydrant through an administrative process rather than through
a water system extension agreement, provided that proof of insurance and a surety
device acceptable to the utility are furnished to the utility and all review and
inspection fees are paid. A warranty period shall be required in accordance with the
City of Arlington Engineering Standards.
(e) Fire Hydrant Use Permit. A fire hydrant use permit is required to use water provided
through fire hydrants. There is a deposit required, a monthly rental fee and a use fee
based on the actual consumption. A fire hydrant use permit will be issued only if the
applicant demonstrates need and agrees in writing to the following conditions:
(1) Water may be drawn from the fire hydrant only through hydrant meters or
adapters owned by the utility.
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(2) Truck or tank backflow assemblies for tank lot sales are subject to utility
approval. The customer must pass a utility cross -connection inspection prior to
permit issuance.
(3) Persons issued fire hydrant use permits must:
(a) Return utility -owned equipment in good condition by the date specified and
compensate the utility for any loss or damage.
(b) For tank lot sales, the customer must utilize utility owned metering equipment
and report the meter readings as specified by the utility.
(4) Tank trucks may only draw water from fire hydrants designated by the utility for
this purpose.
(5) The utility may suspend fire hydrant use permits during water emergencies or if
the customer violates any of the conditions listed under this subsection (e).
(6) No water shall be used other than through a utility authorized metering device,
any theft of water shall be a misdemeanor
(f) Contractors. Contractors shall be licensed in accordance with Washington State
requirements and shall be registered with the City of Arlington.
(g) Other Permits. It is the property owner's responsibility to identify and obtain all
permits/approvals required for any proposed work, such as, but not limited to, any
approvals required by the Washington State Department of Fish and Wildlife, the
Washington State Department of Ecology and the Army Corp of Engineers.
13.04.170 Demolition or removal of structures.
(a) Utility services to existing structures must be protected during the demolition or
removal of such structures. See 13.04.060 for inactive service definition and
13.04.050 for service credit definition for redevelopment.
(b) Existing wells must be decommissioned per the City of Arlington Engineering
Standards,
13.04.180 En ineering and design requirements.
(a) General.
(1) The property owner is responsible for water system design.
(2) The water system designer must be a civil engineer licensed in the State of
Washington and qualified by both experience and educational background in the
design of water facilities.
(3) Engineering and design shall conform to the City of Arlington Design and
Construction Standards and Specifications manual.
(b) Water Facility Requirements.
(1) Whenever property is developed or redeveloped in any way such that water
demand or use is altered, new water facilities are required whenever necessary to:
(a) Meet fire flow and other fire protection requirements, including the
number and location of fire hydrants and fire sprinkler components, as
determined by the fire marshal's office of the jurisdiction in which the
project is located.
(b) Meet domestic and irrigation flow requirements. See the Engineering
Standards.
(c) Meet pressure requirements. See the Engineering Standards.
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(d) Replace or relocate existing facilities as required or authorized by the
utility.
(2) Whenever property is developed or redeveloped, water mains shall be extended
through and to the extremes of the property being developed as required by the
utility when needed for the orderly extension or efficient gridding of the public
water system.
(c) Water Service Design.
(1) Water services shall be sized and designed in accordance with the Engineering
Standards.
(2) Each premise shall have appropriately sized and designed separate water service
or services. All services shall be metered. Premises containing no more than three
multiple residential dwelling units, commercial or industrial businesses shall have
a separate metered water service for each individual dwelling unit and/or
commercial or industrial unit, except where situations and/or special conditions
exist that make an individual service for each unit impossible or unfeasible at the
discretion of the Director of Public Works. The Director of Public Works shall
determine when such situations or conditions prohibit individual services.
(3) Condominiums must have individual metered water services to each
condominium unit.
(4) No water service or water main shall be located under or within 5' of any
building.
(d) Cross -Connection Control. All connections to the public water system shall comply
with the backflow prevention requirements of AMC 13.04.280.
13.04.190 Fire Services.
(a) Fire protection services are installed solely for the purpose of providing water to
public fire hydrants, automatic fire sprinkler systems, on -site fire hydrants or
standpipes.
(b) It is unlawful for any person, except Water Department personnel or Fire Department
personnel, to open, operate, close, turn on, turn off, interfere with, or connect
anything to a public fire hydrant or fire hydrant valve.
(c) All privately owned fire protection services shall include a flow -detection device of a
type approved by the utility. No domestic water supply connections are allowed on a
fire protection service.
(d) The water department shall not be liable or responsible for any losses by fire for
reason of any lack of supply of water or water pressure at the time of fire alarms or at
any other time. Water is supplied for domestic and sprinkling purposes, not for fire
protection to any consumer, and all contracts for water are made subject to this rule.
13.04.200 Installation responsibility.
(a) Utility Installation.
(1) The utility may install water services two inches and smaller in diameter, where
services are not provided through a water system extension agreement pursuant to
AMC 13.04.160, provided the owner agrees to pay all costs, fees and charges
pursuant to AMC 13.04.140.
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(b) Property Owner Installation. The property owner shall install all water facilities
required by this code and/or necessary to serve the property.
(c) Costs. The property owner shall be responsible for all installation costs regardless of
whether the work is done by the utility or by the owner, provided that:
(1) If the utility requires a property owner to upsize a water facility for reasons other
than fire protection purposes or to adequately serve the owner's property, the
utility will compensate the property owner for the difference in cost between the
normally sized water facility and the oversized water facility, based on the lowest
of three bids from reputable licensed contractors furnished by the property owner.
Upsizing means the difference between the City of Arlington minimum design
standards and the city's desired facility size.
(2) An owner who constructs a water system extension that directly benefits a
property in addition to the owner's may request a latecomer agreement in order to
be reimbursed from benefiting properties that connect to the extension during the
agreement's duration. See AMC 13.04.210 regarding latecomer agreements.
(3) If the city chooses to install water facilities to facilitate development, coordinate
with other city projects, or for other utility purposes, it may recover its costs,
including interest, through a connection charge.
13.04.210 Latecomer agreements.
See AMC 13.24 Utility Reimbursement Agreements.
13.04.220 Water easement requirements.
(a) An easement is required whenever a public water facility will be built on private
property and whenever a private water facility will be built on property owned by a
different private party. Evidence of the easement between the applicant and property
owner shall be provided to the City.
(b) Requirements. All of the following requirements shall be met before the city will
accept and approve any easement:
(1) Clear title in the grantor shall be demonstrated; and
(2) The easement shall be consistent with the utility clearance standards and setback
standards and with other utilities or easements. The utility may require the
easement to exclude other utilities and uses if necessary to protect the public
water system and shall contain provisions for long term maintenance; and
(3) The easement shall provide access to the facility for repair and maintenance.
When deemed necessary by the utility, the easement shall contain provisions for
long-term maintenance; and
(4) The easement must prohibit all structures within the easement area except those
which can readily be removed by the structure's owner at the owner's expense
when access to the water facility is required by the utility. If such structures are in
the easement, an agreement with the utility to remove the structure on request
shall be recorded; and
(5) The easement shall prohibit all vegetation and landscaping that may inflict
damage on the utility, or that will impede the Utility from performing necessary
maintenance, repair, or replacement work on the utility located within the
easement. The Utility may request the land owners upon where the easement
ORDINANCE NO. 2010-010 12
resides to remove select vegetation and landscape. If the land owners upon where
the easement resides fail to comply with the request to remove vegetation and
landscape, the Utility may remove the landscaping with City employees or a
licensed contractor at the owner's expense.
(6) The easement dimensions and other requirements shall be consistent with the
Engineering Standards. The easement must be recorded prior to final approval of
the project.
(c) Costs. The property owner shall pay all costs of providing or obtaining and recording
the easement.
(d) Relinquishment of Easement. An easement granted to the utility may be relinquished
only if the utility determines it is no longer needed and the city council authorizes the
relinquishment.
13.04.230 Construction requirements.
(a) General. When constructing or modifying water facilities, compliance is required
with this code, the City of Arlington Engineering Standards, the approved permit,
plans and specifications, the terms of any water system extension agreement, the
recommendations of the manufacturer of the materials or equipment used and any
applicable local, state or federal requirements.
(b) Safety Requirements. Utility staff will perform inspections only if shoring and other
site conditions conforms to WISHA safety standards and other safety requirements, as
applicable.
(c) Failure to Complete Work or Meet Requirements.
(1) The utility may complete water facility construction begun by a property
owner or contractor, or take steps to restore the site (such as backfilling
trenches and restoring the public right of way) if the work does not meet the
requirements of this code, the Engineering Standards and other applicable
utility requirements; the contractor or person doing the work fails to rectify
the problem following notification by the utility; and the work, in the opinion
of the utility, constitutes a hazard to public safety, health or the public water
system.
(2) Utility costs incurred pursuant to subsection (c) (1) of this section shall be
calculated pursuant to AMC 11.01.080 and charged to the owner or contractor
in charge of such work. The permittee shall pay the utility immediately after
written notification is delivered to the responsible parties or posted at the
location of the work. Such costs shall constitute a civil debt owing to the
utility jointly and severally by such persons who have been given notice as
herein provided. The debt shall be collectable in the same manner as any other
civil debt owing the utility.
(3) If, in the opinion of the director, the work being performed is not in
accordance with these codes or Engineering Standards and the permittee is
unwilling to change or correct the deficiencies, the director may issue a stop
work order until the deficiencies are corrected.
(d) As -Built. An as -built plan of the property's water system shall be completed
according to the requirements in the Engineering Standards and filed with the Public
ORDINANCE NO. 2010-010 13
Works Department prior to the City's acceptance of the improvements or final
approval by the utility inspectors.
13.04.240 Construction and warranty inspections and tests.
(a) Construction/Installation Inspection.
(1) All projects permitted or approved by the utility under a water system extension
agreement or other permit are subject to utility inspection to ensure compliance
with the code and permit/approval conditions. As a condition of permit issuance
or extension agreement, the applicant shall consent to inspection and testing.
(2) Newly installed water facilities shall be inspected, tested, and documentation
completed according to the Engineering Standards and procedures.
(3) Newly installed or relocated backflow prevention assemblies shall be inspected,
tested, and certified pursuant to the requirements of AMC 13.04.190.
(4) The quality, taste and odor of water drawn from new water mains shall be the
same as the quality, taste and odor of water in the existing facility classed as
acceptable for use by the utility. Should the water not be acceptable in quality,
taste or odor, required steps as approved by the utility shall be taken to attain
acceptable water quality standards.
(b) Warranty Inspections and Tests. Facilities and equipment accepted by the utility
under specific warranties may be re -inspected at the utility's discretion and, if
necessary, retested prior to the expiration of the warranty period, whether for
performance or maintenance bonds, as per the Engineering Standards.
13.04.250- Water quality programs.
(a) General Requirements. The utility shall initiate and carry out any water quality
testing, monitoring, maintenance, corrective activities or other activities necessary to
ensure that the city's public drinking water meets or exceeds drinking water standards
and other requirements of Chapter 246 WAC, the Washington State Health
Department's Rules that Govern Group A Public Water Systems, the Federal Safe
Drinking Water Act and any other applicable federal, state or local requirement for
public drinking water, as now or hereafter amended.
(b) Implementation of Water Quality Programs. To maintain water quality in the most
effective and efficient manner, the utility may initiate, implement and carry out any
required or necessary water quality testing, monitoring, maintenance, or corrective
activities or programs, whether locally, jointly with the Snohomish PUD water utility,
jointly with other state recognized water purveyors, or jointly with other federal, state
or local agencies having jurisdiction within the city's water service area.
13.04.260 Wellhead Protection
The utility shall have a wellhead protection program conforming to the requirements of
WAC 246-290-135 so as to protect the general public health and prevent contamination
of groundwater resources used by the city as a source of supply. Other specific
requirements of the wellhead protection program are outlined in AMC Title 20. The
Wellhead and Watershed Protection Program are in the currently adopted in the City Of
Arlington Comprehensive Water System Plan.
ORDINANCE NO. 2010-010 14
13.04.270 Cross -connection abatement and control.
(a) General.
(1) The utility shall initiate and carry out a cross -connection abatement and control
program in conformance with state law by establishing and maintaining minimum
requirements for the installation, inspection, testing, certification and maintenance
of backflow prevention assemblies. The program shall meet the minimum
requirements of WAC 246-290-490 and the latest edition of the Uniform
Plumbing Code adopted by the city.
(2) The utility hereby adopts by reference the Standards and Requirements of WAC
246-290-490, as now or hereafter amended.
(b) Approved Backflow Prevention Assemblies. Only those backflow prevention
assemblies identified in the most recent list of Approved Backflow Prevention
Assemblies, published by the University of Southern California (USC), shall be
approved for installation.
(c) New or Upgraded Cross -Connection Control Requirements.
(1) In situations where there is an existing water service or use and the water supply
is protected from cross -connection by a nonconforming backflow prevention
assembly (i.e., an assembly that does not meet the current Standards and
Requirements of WAC 246-290-490 or this code), the existing nonconforming
backflow prevention assembly shall, at the owner's risk, be allowed to remain in
service only if:
(a) At the time the backflow prevention assembly was installed the assembly was
a state -approved backflow prevention assembly; and
(b) At the time the backflow prevention assembly was installed its installation
was approved by the City as appropriate for the degree of hazard; and
(c) The backflow prevention assembly does not meet the criteria for upgrading as
required in subsection (c) (2) of this section.
(2) All existing nonconforming backflow prevention assemblies shall be replaced and
upgraded to current standards at such time as any of the following conditions
exist:
(a) The assembly fails to operate properly;
(b) The assembly fails required annual testing and certification;
(c) The assembly requires continual and excessive repair or maintenance;
(d) The degree of hazard at the premises increases from that which existed at the
time the assembly was installed; or
(e) The water service, fire sprinkler system or plumbing are, or have been,
modified.
(3) When the utility discovers previously unknown and/or unprotected cross -
connections, the utility shall notify the property owner of the cross -connection,
the degree of hazard, and the cross -connection abatement and control measures
required. The property owner shall make provision to implement all required
abatement and control measures within the time frame specified by the utility
subject to the enforcement provisions of AMC Chapter 11.01 or state law.
(d) Inspection, Testing and Certification Requirements.
(1) All newly installed or relocated backflow prevention assemblies shall be
inspected and tested by the utility.
ORDINANCE NO. 2010-010 15
(2) All backflow prevention assemblies shall be inspected, tested and certified
annually by the utility or a private backflow prevention assembly tester certified
by the Washington State Department of Health.
(e) Costs and Fees. The property owner shall be responsible for paying all costs and fees
associated with the installation, inspection, testing, certification, repair, replacement
or upgrade of backflow prevention assemblies.
13.04.280 Water conservation practices.
(a) Purpose. The conservation and efficient use of water is a public purpose of highest
priority to the City of Arlington. It will result in extended use of current water
supplies, reduction in public costs for the construction of enlarged water and sewer
facilities, enhancement of public health, safety and welfare, and preservation of
natural resources.
(b) Waste of Water Prohibited.
(1) The waste of water supplied by the utility is prohibited at all times. In addition to
the restrictions specified in subsection 2 below, waste of water includes all
applications of water which do not result in a beneficial use of the city's public
water supply.
(2) The following nonessential uses of water are prohibited on all properties
connected to the city's water system, whether inside or outside of the city limits:
(a) Washing sidewalks, walkways, driveways, parking lots, patios and other
exterior paved areas by direct hosing.
(b) Escape of water through breaks or leaks within the customer's plumbing or
private distribution system for any period of time beyond which such break or
leak should reasonably have been discovered and corrected. It shall be
presumed that a period of 48 hours after the customer discovers a leak or
break, or receives notice from the city of such leak or break, whichever occurs
first, is a reasonable time within which to correct the same.
(c) Noncommercial washing of privately owned motor vehicles, trailers and
boats, except from a bucket or a hose equipped with a shut-off nozzle used for
quick rinses.
(d) Lawn sprinkling and irrigation which allows water to run off or overspray the
lawn area. Every customer is deemed to have knowledge of and control over
his lawn sprinkling and irrigation at all times.
(e) Sprinkling and irrigation of lawns, groundcover or shrubbery between the
hours of 10:00 a.m. and 4:00 p.m., or on any day not authorized by the
rotation schedule announced on an annual basis by the City.
(c) Conservation Plan Required.
(1) A water conservation plan is included in the currently adopted City of Arlington
Comprehensive Water System Plan.
(2) The water conservation plan may be revised as needed as part of the
comprehensive planning process referenced in AMC 13.04.110.
(3) Enforcement. If the city determines that any customer is violating any provision
of this chapter it shall notify said customer, in writing, that the violation must be
corrected or abated within a specified period of time, the length of which shall be
ORDINANCE NO. 2010-010 16
reasonably related to the circumstances of the particular violation. Failure to
comply shall constitute a civil violation as set forth in AMC 13,04.360.
13.04.290 Maintenance of water system.
The utility has responsibility for maintenance of the public water system unless otherwise
provided by agreement, local ordinance or state law. Owners of private water systems are
solely responsible for maintenance and operation of such private systems.
13.04.300 Existing system inspections.
The utility may enter private property at all reasonable times to conduct inspections, tests
or to carry out other duties imposed by the code, provided the utility shall first obtain
consent from the property owner or person responsible for the premises upon presentation
of proper credentials to that person. If entry is refused or cannot be obtained, the director
shall have recourse to every remedy provided by law to secure entry.
13.04.310 Interconnection with adjacent water systems.
The utility may provide water service to adjacent public or private water systems when
needed in case of failure of physical system components such as pump failure or a
reservoir out of service or similar temporary circumstance, where facilities exist for such
interconnection. In such case, the utility shall bill for and be paid for the water used
pursuant to the established rate structure. All requirements of this code regarding water
quality shall be met. The utility shall not serve as a backup supply source to neighboring
water systems in case of well failure or other supply disruption unless the neighboring
system compensates the utility under separate contractual agreement as a backup supply
source, or unless the neighboring water system becomes a permanent utility customer,
and makes payment of all appropriate fees and charges.
13.04.320 Regulations of other agencies.
(a) General. The responsibility for determining the existence and application of local,
state and federal laws and regulations pertaining to water facilities and water use
remains solely with the affected property owner.
(b) Regulations of Snohomish County and Other Cities and Towns. Utility customers
outside the City of Arlington are subject to City of Arlington requirements related to
water utilities unless more stringent requirements of the local jurisdiction in which
such customers are located are applicable, in which case the more stringent regulation
shall apply.
13.04.330 Fees for permits -approvals —specific services.
(a) General.
(1) The director shall develop for city council review and adoption a schedule of fees
and charges for all permits and other specific services provided by the utility,
including:
(a) Water system extension agreements;
(b) Water service and meter installation, modifications or repairs;
(c) Fire hydrant use permits;
(d) Backflow prevention assembly inspections and tests;
ORDINANCE NO. 2010-010 17
(e) Disconnections of unauthorized connections;
(f) Turn -on and turn-off services;
(g) Inspections;
(h) Abandonment of existing non -reusable water services;
(i) Temporary lawn watering permits during water shortages;
(j) Miscellaneous maps, plans, drawings, copies and documents provided by
the utility.
(2) The fees referenced in this section are in addition to applicable rates for water
service and connection charges. See Chapter 13.12 for current utility rates and
charges.
(b) Fee Amount. The fee amount for each permit, approval or specific service shall cover
all the utility costs associated with that permit, approval or service, including all of
the following that apply:
(1) Labor, including any and all time spent on engineering, plan review, installation,
properly abandoning any existing facilities, site restoration, inspection, testing,
certification, as-builts of the project and legal review. Inspections and other work
requested beyond normal working hours are charged based on the utility's
overtime pay practices.
(2) Fees for materials or equipment issued by the utility, such as water services and
meters.
(3) Refundable deposits for utility -owned equipment such as fire hydrant wrenches
and adapters.
(4) Expenses including, but not limited to, supplies (not including office supplies),
materials, equipment and tool rental, applicable state and federal taxes and any
fees for permits the utility must obtain.
(5) Water use, in the case of fire hydrant use permits, or estimated water use in the
case of unauthorized connections.
(6) Overhead, at a rate to be established by the utility pursuant to written procedures.
13.04.340 Connection charges.
(a) General.
(1) The utility shall collect connection charges in order that each connecting property
shall bear its equitable share of the cost of the public water system and the
utility's share of the cost of any regional water supply system providing water
supply to the utility.
(2) Connection charges shall be as put forth in AMC 13.12.
(3) Connection charges shall be paid:
(a) Before a property is allowed to connect to the public water system.
(b) At the time of redevelopment of the property, if connection charges apply that
have not yet been paid such as charges for new facilities that directly benefit
the property. Any change in use that increases the demand on the water
system will be assessed connection fees based on that change in use. See
Chapter 13.12 for current rates and charges.
(b) Administrative Procedures; Adjustment of Charges. The director is authorized to
adopt administrative procedures for the purpose of administering the provisions of
this section, and to adjust the charges established by subsection (a) of this section
ORDINANCE NO. 2010-010 18
from time to time to reflect the actual cost of the facilities for which the charges are
made.
(c) Changes in use may require additional connection fees to cover increased impacts to
the water utility.
13.04.350 Water rates.
(a) General. The city council shall establish rates for water service and consumption
which are in addition to connection charges and fees for specific services. The city
may establish classifications of customers or service, using any method or methods
authorized by law. See Chapter 13.12 for current rates and charges.
(b) Rate Basis. Water rates shall be based on revenue requirements necessary to cover all
costs of the utility, as authorized by the city council by the adoption of the annual
budget and subsequent amendments and shall be guided by adopted financial policies
and bond covenants.
(c) Rate Adjustments. Rates shall be evaluated periodically as part of the review and
adoption of the annual budget. Rate adjustments shall be recommended as needed to
meet revenue requirements. The recommendation shall consider equity, adequacy,
costs and other factors allowed by law.
(d) Billing and Collection. The utility shall develop and implement procedures and
systems pertaining to the billing and collection of water service charges and fees in
accordance with state law.
(e) Rate Relief. The city council may establish water rate relief measures for specific
customer classes as authorized by state law.
(f) Rate Surcharge. Upon the city's declaration of a water shortage emergency pursuant
to the city's adopted water shortage contingency plan, the utility may impose a rate
surcharge of 10 percent, without further city council action.
13.04.360 Violations — Penalties.
(a) Civil Violation. Any violation of any of the provisions of this code constitutes a civil
violation as provided for in the AMC Chapter 11, for which a monetary penalty may
be assessed and abatement may be required as provided therein. The city shall seek
compliance through the civil violations code if compliance is not achieved through
this code.
(b) Destruction of Notice. It shall be unlawful for any person to remove, mutilate,
destroy, or conceal any notice issued and posted by the director pursuant to this code.
Section 3. Arlington Municipal Code Chapter 13.08 is repealed in its entirety.
Section 4. A new Chapter 13.08 is hereby added to the Arlington Municipal Code, as
follows:
Chapter 13.08
SEWER REGULATIONS
13.08.010 Title.
ORDINANCE NO. 2010-010 19
13.08.020
Sewer department established.
13.08.030
Purpose.
13.08.040
Territorial application.
13.08.050
Intent.
13.08.060
Definitions.
13.08.070
Applicability of the utility
13.08.080
Authority of the utility.
13.08.090
Intent to serve.
13.08.100
Service interruptions.
13.08.110
Comprehensive Sewer System Plan.
13.08.120
Emergency plan.
13.08.130
Connections or modifications to the sewer system.
13.08.140
System ownership.
13.08.150
Permits — Approvals.
13.08.160
Demolition or removal of structures. .
13.08.170
Engineering and design requirements.
13.08.180
Installation responsibility.
13.08.190
Latecomer agreements.
13.08.200
Sewer easement requirements.
13.08.210
Construction requirements.
13.08.220
Construction and warranty inspections and tests.
13.08.230
Maintenance of sewer system.
13.08.240
Industrial waste discharge monitoring, abatement
and pretreatment.
13.08,250
Unauthorized and prohibited discharges.
13.08.260
Existing system inspections.
13.08.270
Regulations of other agencies.
13.08.280
Fees for permits/approvals/specific services.
13.08.290
Connection charges.
13.08.300
Sewer rates.
13.08.310
Violations — Penalties.
13.08.010 Title.
This chapter shall be known as the sewer utility code and shall be referred to herein as the
"code."
13,08.020 Sewer department established.
A department of the combined water and sewer department of the city, which shall be
known as the utility department, is established. The officers and other employees shall
consist of such personnel as deemed necessary for the efficient administration of the
department.
13.08.030 Purpose.
The purpose of this code is to:
ORDINANCE NO. 2010-010 20
(a) Provide for the planning, security, design, construction, use, maintenance, repair and
inspection of public and private sanitary sewer systems and to protect the life, health
and property of the general public;
(b) Establish programs and regulations consistent with federal and state regulations;
(c) To provide for the appropriate use of such systems; and to provide for the
enforcement of the provisions of this code.
13.08.040 Territorial application.
This code shall be in effect throughout the utility service area, as defined in the adopted
Sewer Comprehensive Plan.
13.08.050 Intent.
It is the specific intent of this code to:
(a) Enact an exercise of the police power of the City of Arlington to protect and
preserve the public health, safety and welfare; its provisions shall be liberally
construed to accomplish this purpose.
(b) Provide for and to promote the health, safety and welfare of the general public and
not to create or otherwise establish or designate any particular class or group of
persons who will or should be especially protected or benefitted.
(c) Place the obligation of compliance upon the owner/operator. Nothing contained in
this code is intended to be or shall be construed to create or form the basis for
liability on the part of the City of Arlington, its utility, officers, employees or agents
for any injury or damage resulting from the failure of the owner or operator of any
private system to comply with the provisions of this code, or by reason or in
consequence of any act or omission in connection with the implementation or
enforcement of this code by the City of Arlington, its utility, officers, employees or
agents.
13.08.060 Definitions.
The following words and phrases, when used in this code, shall have the following
meanings:
(a) "AMC" means Arlington Municipal Code.
(b) "As -built" means a final drawing of the actual installation of the structures, materials
and equipment that meets the requirements specified in the most recent edition of the
"City of Arlington Engineering Design and Construction Standards and
Specifications".
(c) "Billing Unit' means, in the case of multiple occupancy commercial or industrial
facilities, each unit shall be defined as an occupancy or business capable of standing
alone. A unit that has restroom facilities, a separate entrance and that is able to
operate regardless of whether other businesses or units are open for business. For
example, a florist within a supermarket would not be a separate billing unit; a florist
in a multiple occupancy strip mall with its own entrance would be a separate unit for
billing purposes.
(d) "Connection charges" means charges imposed as a condition of providing utility
service so that each connecting property bears its equitable share the costs of the
ORDINANCE NO. 2010-010 21
public sewer system and of the costs of facilities that benefit the property. Connection
charges include latecomer charges and installation charges.
(e) "Director" means the director of the Arlington Public Works department, or his/her
designated representative.
(f) "Emergency" means any natural or human -caused event or set of circumstances
which disrupts or threatens to disrupt or endanger the operation, structural integrity,
or safety of the public sewer system; endangers the health and safety of the public; or
otherwise requires immediate action by the utility.
(g) "Engineering standards" means the most recently adopted edition of the City of
Arlington Design and Construction Standards and Specifications manual which
includes minimum requirements for the design and construction of water, storm and
surface water drainage and sanitary sewer facilities.
(h) "ERU" means equivalent residential unit. One ERU equals 250 gallons per day, the
estimated average consumption for one residential unit. The ERU is used for
connection fee calculations and is based on the number of residential units a project
will represent in terms of impact to the utility.
(i) "FOG" means fats, oils and grease.
0) "Inactive Service" means any sanitary sewer service that has been inactive for 5 years
or more. Reactivation of a sanitary sewer service that has been inactive for 5 years or
more requires payment of all connection fees applicable at the date of reactivation as
if it were a new connection.
(k) "Industrial waste" means any liquid, solid or gaseous substance or combination
thereof, resulting from any process of industry, manufacturing, commercial food
processing, business, trade or research, including development, recovering or
processing of natural resources.
(1) "Licensed side sewer contractor" means any person, partnership, corporation or
association duly qualified and competent to do work incident to the construction or
repair of side sewers under permits issued under this code and who shall have been
duly licensed by the utility.
(m)"Non-polar fats" means fats, oils or grease of animal or vegetable origin.
(n) "Polar fats" means fats, oils or grease of mineral origin.
(o) "Pretreatment device" means any approved device, structure, system or method used
and maintained for the purpose of bringing a waste stream within acceptable limits
and standards of quality prior to its discharge to the public sewer system.
(p) "Private sewer system" means any part of the sewer system that is not part of the
public sewer system as defined in the code.
(q) "Property owner" means any individual, company, partnership, joint venture,
corporation, association, society or group that owns or has a contractual interest in the
subject property or has been authorized by the owner to act on his/her behalf.
(r) "Public sewer system" means the sanitary sewer system owned and operated by the
utility.
(s) "Residential structure" means a single-family, duplex structure or triplex. Four units
or more is multi- family residential.
(t) "Served" means all lots within the City are deemed to be served by City owned sewer
lines. (AMC 20.60.020)
ORDINANCE NO. 2010-010 22
(u) "Service Credit" means when an active service is temporarily discontinued for
purposes of replacement of existing customer used, either by the replacement of
existing structures or redevelopment, the new service may be given credit for the
existing service on the request for service application. The ERU's on the existing use
may be credited against the connection fees determined by the Utility for the new use.
(v) "Sewage" means waste discharged from the sanitary facilities of buildings and
includes industrial wastes.
(w) "Sewer facility" means any facility for the conveyance or storage of sewage, whether
part of the public sewer system or a private sewer system that is connected to or
intended to be connected to the public sewer system.
(x) "Sewer main" means a pipe designed or used to transport sewage, excluding side
sewers.
(y) "Sewer pretreatment" means the treatment of industrial waste before discharge to the
public sewer system.
(z) "Sewer service" means providing for the disposal of sewage from a structure into the
public sewer system.
(aa) "Sewer system plan" means the sewer system comprehensive plan for the utility, as
adopted by the city council, as now or hereafter amended.
(bb) "Side sewer" means a conduit extending from the public sewer main to the
connection with a building's plumbing system.
(cc) "Side Sewer Permit" means a permit issued by the utility for the construction,
extension, repair, replacement or connection of any side sewer.
(dd) "Side sewer stub" means that portion of the side sewer in the right-of-way or
easement dedicated to the utility.
(cc) "Structure" means any building that contains facilities for the disposal of sewage.
(ff) "Unsafe condition" means any condition on any premises, or in any private sewer
system thereon, that is a hazard to public health or safety, that does or may impair or
impede the operation or functioning of any portion of the public sewer system or that
may cause damage thereto.
(gg) "Utility" means the sewer utility component of the utilities Division of the city of
Arlington Public Works Department.
13.08.070 Applicability of the utility
Any of the actions or applications for the following permits shall require submittal for
approval by the utility of site plans, design drawings, and operation and maintenance
plans. Submittals for the following shall be consistent with the provisions of this code
and shall comply with the adopted Sewer System Plan and the Engineering Standards.
(a) Any modification to the existing water system.
(b) Any additions, expansions or extensions of the existing water system.
(c) New development.
(d) Redevelopment that requires alterations to the water system.
(e) Subdivision and short subdivisions
(f) Commercial, industrial or multi -family site plan approval.
13.08.080 Authority of the utility.
The utility, by and through its director, shall have the authority to:
ORDINANCE NO. 2010-010 23
(a) Develop, adopt and carry out procedures as needed to implement this code and to
carry out other responsibilities of the utility, including, but not limited to, procedures
pertaining to the billing and collection of sewer service charges and all other fees and
charges imposed pursuant to this code and procedures for periodic adjustment of fees
and charges imposed pursuant to this code.
(b) Prepare and update as needed, Engineering Standards to establish minimum
requirements for the design and construction of sewer facilities and requirements for
protecting existing facilities during construction. The Engineering Standards shall be
consistent with this code and adopted city policies.
(c) Administer and enforce this code and all procedures relating to the planning,
acquisition, design, construction, inspection, maintenance, management, operation
and alteration of the public sewer system, including capital improvements, and
relating to the design, construction and inspection of private sewer systems.
(d) Enter into contracts pursuant to Chapter 35.91 RCW, the Municipal Water and Sewer
Facilities Act, including contracts that provide for the reimbursement of owners
constructing facilities (latecomer agreements) and agreements with private property
owners for the extension of the sewer system (utility extension agreements).
(e) Advise the city council, city administrator and other city departments and
commissions on matters relating to the utility.
(f) Prepare and recommend the sewer system plan referenced in AMC 13.08.070 for
adoption by the city council and implementation by the utility.
(g) Perform or direct the performance of financial review and analysis of the utility's
revenues, expenses, indebtedness, rates and accounting and recommend budgets, rates
and financial policy for adoption by the city council.
(h) Develop and implement programs related to sewer use, including an industrial waste
management program for protection of the public sewer system and a septic system
management program.
(i) Carry out other responsibilities as required by this code or other city codes,
ordinances or regulations consistent with the Arlington comprehensive plan.
(j) Shut off water to any utility customer who is violating any provision of this code to
the extent permitted by law.
13.08.090 Intent to serve.
The utility intends to provide sewer service to all customers within the utility service
area, subject to the requirements of this code, other provisions of the Arlington Municipal
Code and applicable state law, and such reasonable conditions which may be attached to
the provision of service. The sewer service area shall be the corporate City Limits of the
City of Arlington. The City may also contract to provide sewer service outside the utility
service area, subject to applicable law.
13.08.100 Service interruptions.
The utility does not guarantee that sewer service will be continuously available within the
utility service area. Sewer service may be temporarily unavailable due to a system failure,
emergency, construction or maintenance or other unforeseen circumstances.
13.08.110 Comprehensive Sewer System Plan.
ORDINANCE NO. 2010-010 24
A sewer system plan, also referred to as the city's sewer comprehensive plan shall be
developed by the utility for review and adoption by the city council. The utility shall
recommend supplemented or updated plans for adoption by the city council as needed.
13.08.120 Emergency_nlan.
The utility will prepare and update an emergency plan, as required by state law, as part of
the city's emergency operation plan, for review and adoption by the city council.
13.08.130 Connections or modifications to the sewer system.
(a) Connection to the Sewer System Required.
(1) All structures which contain facilities for the disposal of sewage shall connect to
the public sewer system unless a variance is granted pursuant to subsection (b) of
this section. When sanitary sewer service is not available and is required, the
utility shall require the property owner to install a sewer main extension.
(2) Connections or modifications to the sewer system, including, but not limited to,
the installation or repair of sewer mains or side sewers, and abandonment or
removal of any structure connected to the public sewer system shall occur only if:
(a) Approval has been received from the utility; and
(b) All applicable requirements of this code and utility procedures have been met;
and
(c) All applicable engineering standards have been met or alternative standards
have been approved by the utility as substantially equal; and
(d) The property owner has paid all applicable fees and charges; and
(e) Any existing on -site sewage disposal facilities are disconnected in accordance
with health department requirements; and
(f) The property is within the utility service area.
(3) Existing properties must connect to the public sanitary sewer system within 180
days of the sewer becoming available.
(b) Variance from the Sewer Connection Requirement. See AMC 20.60.120
(1) Any property owner may apply for a variance from the sewer connection
requirement to allow for an on -site septic disposal system.
(2) The director shall consider a variance only if all of the following decision criteria
are met:
(a) The property is more than 500 feet, via dedicated easements and/or right-of-
way from the existing public sewer system; and
(b) The proposed septic system will not have an adverse environmental effect on
potable water wells, ground water, streams or other surface bodies of water
and is not located in the Arlington Municipal Aquifer Recharge Area; and
(c) The proposed septic system is in compliance with all applicable federal, state
and local health and environmental regulations: and
(d) The proposed use is on a single lot of 5 acres or more.
(e) The City and Snohomish County approves the system.
(3) Any variance issued by the director shall be subject to the following conditions:
(a) The applicant must obtain Snohomish Health District approval of the septic
tank system and must obtain any other permits which may be required by law
for such system; and
ORDINANCE NO. 2010-010 25
(b) The applicant shall record an agreement, in a form approved by the city and
referred to herein as "Agreement to Connect," with the Snohomish County
Auditor. Such agreement shall require payment of all connection charges at
the time of actual connection to the system. The agreement shall be a covenant
which runs with the land and is binding on the owners and successors in
interest of the property. The agreement shall specify that the structure be
connected to the public sewer system as the system is available and that the
property owner will not protest the formation of any future LID or ULID for
extension of a sewer system that would serve the property. The sewer system
shall be deemed available for purposes of this requirement whenever the
structure is able to be connected to the system by an extension of 500 feet or
less.
(4) The applicant may appeal a decision of the director denying a variance application
pursuant to AMC 20.20.010.
13.08.140 System ownership
(a) Utility Ownership of Sewer Facilities.
(1) The utility owns all sewer facilities in public right-of-way and in easements
dedicated to and accepted by the utility, except to the extent that private
ownership is otherwise indicated as a matter of record. Such facilities typically
include:
(a) mains
(b) pump stations
(c) side sewer stubs.
(2) The utility may acquire existing private sewer facilities, provided:
(a) Ownership of the facility by the utility would provide a public benefit; and
(b) Necessary and appropriate property rights are offered by the property owner at
no cost to the utility; and
(c) The facility meets current engineering standards, as determined by the utility,
or is brought up to current engineering standards by the owner; and
(d) The utility has adequate resources to maintain the facility; and
(e) The facility is transferred to the utility by bill of sale at no cost to the utility.
(3) It is unlawful for any person, except Sewer Department personnel or the utility's
authorized contractors to tamper with any portion of the city owned sewer system.
13.08.150 Permits — Approvals.
(a) General. The utility shall administratively determine submittal requirements for all
utility permits and approvals.
(b) Side Sewer Permit.
(1) A side sewer permit is required to construct a side sewer and/or to make any
additions, repairs or connections to an existing side sewer.
(2) A side sewer permit application must be made by the property owner or his/her
licensed sewer contractor.
(3) Side sewer permits for commercial projects, including multifamily structures,
may be issued as part of the sewer system extension agreement, if one is required,
pursuant to subsection (c)(1) of this section. The side sewer can be installed as
ORDINANCE NO. 2010-010 26
part of the sewer system extension agreement and shall be put in use only after
acceptance by the utility of the system extension.
(4) Side sewer permits for lots in subdivisions and short plats will be issued only after
sewer main extensions have been accepted by the city.
(5) Side sewer permits shall expire twelve (12) months from date of issuance except
as otherwise specified in the Engineering Standards.
(6) If site conditions, or existing conditions, do not allow for the installation of a side
sewer per Engineering Standards, a variance may be granted, in writing, and
documented on the side sewer permit, in the discretion of the utility.
(c) Sewer System Extension Agreement.
(1) The property owner and the utility shall enter into a sewer system extension
agreement whenever an extension to an existing sewer main is required pursuant
to AMC 13.08.130.
(2) The utility shall approve constructed facilities as complete once the facilities have
been built according to the approved plans and specifications, as confirmed by
utility inspectors; as -built drawings have been completed as specified in the
engineering standards and all applicable fees and charges have been paid. Bills of
sale, dedications and easements must be recorded prior to final approval and
acceptance.
(3) The property owner shall be required to provide surety devices, in a form
approved by the city, for sewer system extensions in city right-of-way, for
connections to the sewer main during construction and for a warranty period in
accordance the City of Arlington Engineering Standards.
(4) When a sewer system extension agreement is required to serve a proposed
commercial or multifamily building, the utility shall not sign off on the building
permit until the system extension agreement has been approved and accepted by
the utility. When a sewer system extension agreement is required to relocate a
sewer main from under a proposed building, the utility shall not sign off on the
building permit until the system extension has been completed and accepted by
the utility, unless the building permit is conditioned to require relocation prior to
site construction.
(d) Agreement to Connect. When a variance to allow a septic system is granted, an
"Agreement to Connect" must be recorded pursuant to AMC 13.08.130.
(e) Contractors shall be licensed in accordance with Washington State requirements and
shall be registered with the City of Arlington tax office.
(f) Other Permits. It is the property owner's responsibility to identify and obtain all
permits/approvals required for any proposed work, such as, but not limited to, any
approvals required by the Washington State Department of Fish and Wildlife, the
Washington State Department of Ecology and the Army Corp of Engineers.
13.08.160 Demolition or removal of structures.
(a) Utility services to existing structures must be protected during the demolition or
removal of such structures. See 13.04.050 for inactive services and service credit for
redevelopment.
(b) As a condition of Sewer Service, existing septic systems must be decommissioned per
the City of Arlington Engineering Standards.
ORDINANCE NO. 2010-010 27
13.08.170 Engineering and design requirements.
(a) General.
(1) The property owner 'is responsible for sewer system design.
(2) The sewer system designer must be a civil engineer licensed in the state of
Washington and qualified by both experience and educational background in the
design of sewer facilities.
(3) Engineering and design shall conform to the City of Arlington Engineering
Standards.
(b) Sewer Facility Requirements.
(1) Whenever property is developed or redeveloped in any way such that sewage
discharge is changed in content or volume, new sewer facilities are required
whenever necessary to:
(a) Meet hydraulic capacity requirements pursuant to the Engineering Standards;
or
(b) Replace existing facilities that need to be relocated; or
(c) Meet industrial waste pretreatment requirements pursuant to AMC 13.40; or
(d) Replace existing systems that do not meet the current Engineering Standards.
(2) Whenever property is developed or redeveloped, sewer mains shall be extended
through and to the extremes of the property being developed, as required by the
utility, when needed for the orderly extension of the public sewer system.
(c) Side Sewer Design.
(1) Side sewers shall be designed as required in the Engineering Standards.
(2) Where physical conditions render compliance with utility side sewer requirements
impracticable, the utility may require compliance insofar as is reasonably
possible; provided, that the property owner execute and deliver to the utility an
instrument, in a form furnished by the utility, agreeing to hold harmless and
indemnify the utility and the City of Arlington for any damage or injury resulting
from such installation. The utility may require that such instrument be recorded
against the property with the Snohomish County office of records and elections.
(3) Each single family residence (SFR) shall be connected to a single side sewer
connection.
(4) Multi -family housing units comprising four dwelling units or less shall have, at a
minimum, a single side sewer connection for each dwelling unit.
(5) Multi -family housing units comprising five dwelling units or more may have a
single side sewer service connection appropriately designed by a professional
engineer, per City of Arlington Engineering Standards, that meets flow
requirements and pipeline capacity.
(6) Condominiums must have individual sewer services to each unit.
(7) No side sewer or sewer main shall be located under or within 5' of any building or
permanent structure.
(8) Whenever a side sewer cross private property, the applicant must obtain an
easement from the property owner.
(d) Pump Stations and Lifts.
(1) Pump stations shall be permitted only for service to those properties which the
director determines cannot reasonably be served by conventional gravity sewers.
ORDINANCE NO. 2010-010 28
(2) In any structure in which the plumbing is too low to permit gravity flow to the
designated connection point, the sewage shall be lifted by artificial means. When
only the lower floor of a structure is too low for gravity flow, the sewage from the
upper floors must flow by gravity.
13,08.180 Installation responsibility.
(a) Property Owner Installation. The property owner shall be responsible for the
installation of all sewer facilities required by this code. Installation shall be through a
sewer system extension agreement or side sewer permit. See AMC 13.08.160.
(b) Costs. The property owner shall be responsible for all installation costs regardless of
whether the work is done by the utility or by the owner, provided that:
(1) If the utility requires a property owner to oversize a sewer facility for reasons
other than to adequately serve the owner's property, the utility will compensate
the property owner for the difference in cost between the normally sized sewer
facility and the oversized sewer facility, based on the lowest of three bids from
reputable licensed contractors furnished by the property owner. Over -sizing shall
be any size increase in pipes, pumping facilities and related appurtenances beyond
the established minimum sizes. Sewer main minimum size is 8", force main
minimum size is 6" and pump station minimum size shall be 250 GPM. Upsizing
compensation may only occur above these minimum sizes.
(2) A property owner who constructs a sewer system extension that directly benefits
property in addition to the owner's property may request a latecomer agreement in
order to be reimbursed by benefiting properties that connect to the extension
during the agreement's duration. See AMC Chapter 13.24 regarding latecomer
agreements.
(3) The city may choose to install sewer facilities to facilitate development,
coordinate with other city projects or for other utility purposes and may recover
its costs, including interest, through a connection charge.
13.08.190 Latecomer agreements.
See Arlington Municipal Code 13.24.
13.08.200 Sewer easement requirements.
(a) An easement is required whenever:
(1) A public sewer facility will be built on private property; or
(2) A private sewer facility will be built on property owned by a different private
party. Evidence of the easement between the applicant and property owner shall
be provided to the City.
(b) Requirements. All of the following requirements shall be met before the city will
accept and approve any easement:
(1) Clear title in the grantor shall be demonstrated; and
(2) The easement shall be consistent with utility clearance standards and setback
standards and with other utilities or easements. The utility may require the
easement to exclude other utilities and uses if necessary to protect the public
sewer system; and
ORDINANCE NO. 2010-010 29
(3) The easement shall provide access to the facility for repair and maintenance.
When deemed necessary by the utility, the easement shall contain provisions for
long-term maintenance. Easements for side sewers serving more than one
property must specify responsibility for costs of maintenance, repair and access;
and
(4) The easement shall prohibit all structures except those which can readily be
removed by the structure's owner at the owner's expense when access to the
sewer facility is required by the utility. If such structures are in the easement, an
agreement with the utility to remove the structure on request shall be recorded;
and
(5) The easement shall prohibit all vegetation and landscaping that may cause
damage to the utility, or that will impede the Utility from performing necessary
maintenance, repair, or replacement work on the utility located within the
easement. The Utility may request the land owners upon whose property the
easement crosses to remove select vegetation and landscape. If the land owners
upon those properties the easement crosses fail to comply with the request to
remove vegetation and landscape, the Utility may remove the landscaping with
City employees or a licensed contractor at the owner's expense.
(6) The easement dimensions and other requirements shall be in accordance with the
Engineering Standards. The easement must be recorded prior to final approval of
the project.
(c) Costs. The property owner shall pay all costs of providing or obtaining and recording
the easement.
(d) Relinquishment of Easement. An easement granted to the utility may be relinquished
only if the utility determines it is no longer needed and the city council authorizes the
relinquishment.
13.08.210 Construction requirements.
(a) General. When constructing or modifying sewer facilities, compliance is required
with this code, the City of Arlington Engineering Design and Construction Standards
and Specifications, the approved permit, plans and specifications, the terms of any
sewer system extension agreement, the recommendations of the manufacturer of the
materials or equipment used and any applicable local, state or federal requirements.
(b) Safety Requirements. Utility staff will perform inspections only if shoring and other
site conditions conforms to WISHA safety standards and other safety requirements, as
applicable.
(c) Failure to Complete Work or Meet Requirements.
(1) The utility may complete sewer facility construction begun by a property owner
or contractor, or take steps to restore the site (such as backfilling trenches and
restoring the public right of way) if the work does not meet the requirements of
this code, the Engineering Standards and other applicable utility requirements;
the contractor or person doing the work fails to rectify the problem following
notification by the utility; and the work, in the opinion of the utility, constitutes a
hazard to public safety, health or the public sewer system.
(2) Utility costs incurred pursuant to the preceding AMC 13.08.170 (c) (1) shall be
accrued and charged to the owner or contractor in charge of such work. The
ORDINANCE NO. 2010-010 30
permittee shall pay the utility immediately after written notification is delivered to
the responsible parties or posted at the location of the work. Such costs shall
constitute a civil debt owing to the utility jointly and severally by such persons
who have been given notice as herein provided. The debt shall be collectable in
the same manner as any other civil debt owing the utility.
(3) If, in the opinion of the director, the work being performed is not in accordance
with these codes or engineering standards and the permittee is unwilling to change
or correct the deficiencies, the director may issue a stop work order until the
deficiencies are corrected.
(d) Additional Side Sewer Construction Requirements.
(1) Side sewers may be constructed only by the following:
(a) Contractor bonded and licensed in the State of Washington.
(b) Property owners working on their own property.
(2) The side sewer permit shall be readily available at the job site at all times. No
inspections will be completed if the permit is not available.
(3) Connection shall be made to the tee or side sewer stub designated at the time the
side sewer permit is issued unless written permission to do otherwise is obtained
from the utility. If the designated stub cannot be found, the utility will designate
the location that a tee or stub is to be located. The property owner shall install the
tee or stub per City of Arlington Engineering Standards at the property owner's
expense. The utility shall not be responsible for costs incurred by the
owner/contractor when looking for the stub.
(e) As -Built. An as -built plan of the property's sewer system shall be completed
according to the requirements in the Engineering Standards and filed with the Public
Works Department prior to the City's acceptance of the improvements, final approval
by the utility inspectors or issuance of a certificate of occupancy.
13.08.220 Construction and warranty inspections and tests.
(a) Construction/Installation Inspection.
(1) All projects involving construction of new sewer facilities or connections or
modifications to an existing sewer system, are subject to utility inspection to
ensure compliance with the code and permit/approval conditions. As a condition
of permit issuance, the applicant shall consent to inspection and testing.
(2) Newly installed sewer facilities shall be inspected, tested and documentation
completed according to the engineering standards and procedures.
(b) Warranty Inspections and Tests. Facilities and equipment accepted by the utility
under specific warranties may be re -inspected at the utility's discretion and, if
necessary, retested prior to the expiration of the warranty period.
13.08.230 Maintenance of sewer system.
(a) Responsibility. The utility has responsibility for maintenance of the public sewer
system unless otherwise provided by agreement, local ordinance or state law. Owners
of private sewer systems are solely responsible for maintenance and operation of such
private systems.
(b) Side Sewer Cleaning. All side sewer cleaning contractors and/or plumbers, side sewer
contractors and owners, prior to cleaning existing side sewers (as distinguished from
ORDINANCE NO. 2010-010 31
plumbing and septic tank facilities), shall notify the utility of such operations and
comply with utility requirements. Debris cleaned from a side sewer shall be removed
and shall not be caused to enter the sewer main. If debris causes a downstream
blockage, the owner or his agent shall be liable for any resulting damage.
13.08.240 Industrial waste discharge monitoring, abatement and pretreatment.
(a) General. The industrial waste program is intended to prevent, control and correct the
discharge of substances, such as hazardous, dangerous, caustic or explosive materials,
polar and non -polar fats, oils and greases that could cause hazardous, dangerous or
explosive conditions within the public sewer system or could cause blockages,
operational failures or premature degradation of the public sewer system.
(b) Applicability of Other Regulations. All discharges to the public sewer system shall
comply with all applicable rules and regulations of any federal, state or local agency
having governmental or contractual jurisdiction within the utility service area.
(c) Pretreatment of Discharges. The utility shall require the pretreatment of discharges to
the public sewer system, except single-family residences, if necessary to prevent
and/or correct hazardous, dangerous, or explosive conditions or blockage, operational
failure or premature degradation of the public sewer system. Notwithstanding the
above, all restaurants and food -processing businesses shall install pretreatment
methods, such as exterior grease interceptors, oil -water separators, biological or
chemical treatment and other best available technology, to reduce or eliminate FOG
discharges. All pretreatment systems are subject to review and approval by the utility
in accordance with Arlington Municipal Code Chapter 13.40 — Pretreatment.
(d) Sampling and Inspection Manholes. Sampling (monitoring) manholes in the side sewer
connection(s) to the public sewer system may be required in all connections, except
single-family residential connections. Monitoring manholes enable the utility to
monitor and test the discharge for compliance with utility requirements or to allow
monitoring and testing in accordance with the rules and regulations of other federal,
state or local agency having governmental or contractual jurisdiction within the utility
service area.
13.08.250 Unauthorized and prohibited discharges.
See Arlington Municipal Code Chapter 13.36 — Pretreatment.
13,08.260 Existing system inspections.
The utility may enter private property at all reasonable times to conduct inspections, tests
or to carry out other duties imposed by the code, provided that the utility shall first obtain
consent from the property owner or person responsible for the premises upon presentation
of proper credentials to that person. If entry is refused or cannot be obtained, the director
shall have recourse to every remedy provided by law to secure entry.
13.08.270 Regulations of other agencies.
lcies.
(a) General. The responsibility for determining the existence and application of local,
state and federal laws and regulations pertaining to sewer facilities and sewer use
remains solely with the affected property owner.
ORDINANCE NO. 2010-010 32
(b) Regulations of Snohomish County and Other Cities and Towns. Utility customers
outside the City of Arlington are subject to City of Arlington requirements related to
sewer facilities unless more stringent requirements of the local jurisdiction in which
such customers are located are applicable, in which case the more stringent regulation
shall apply.
(c) Snohomish Health District. Utility customers shall comply with all applicable
requirements of the Snohomish Health District.
13.08.280 Fees for permits -approvals -specific services.
(a) General.
(1) The director shall develop for city council review and adoption a schedule of fees
and charges for all permits and other specific services provided by the utility,
including:
(a) Sewer system extension agreements;
(b) Disconnection charge for unauthorized connections;
(c) Side sewer contractor's license;
(d) Side sewer permits;
(e) Side sewers and taps;
(f) Miscellaneous maps, plans, drawings, copies and documents provided by the
utility.
(2) The fees referenced in this section are in addition to applicable rates for sewer
service and connection charges. See chapter 13.12 for current utility rates and
charges.
(b) Fee Amount. The fee amount for each permit, approval or specific service shall cover
the actual utility costs associated with that permit, approval or service, including all
of the following that apply:
(1) Labor, including any and all time spent on engineering, plan review, installation,
properly abandoning any existing facilities, site restoration, inspection, testing,
certification, as-builting of the project and legal review. Inspections and other
work requested beyond normal working hours are charged based on the utility's
overtime pay practices.
(2) Expenses including, but not limited to, construction supplies, materials,
equipment and tool rental, applicable state and federal taxes and any fees for
permits the utility must obtain.
(3) Overhead, at a rate to be established by the utility pursuant to written procedures.
13.08.290 Connection charges.
(a) General.
(1) The utility shall collect connection charges, ensuring that each connecting
property shall bear its equitable share of the cost of the public sewer system.
(2) Connection charges shall be as set forth in AMC 13.12.
(3) Connection charges shall be paid prior to a property connecting to the public
sewer system. Connection charges not previously paid, such as charges for new
facilities that directly benefit the property, shall be paid when the property
undergoes, either at one time or cumulatively through more than one project, a
substantial remodeling as defined in AMC 20.50.040 or more substantial
ORDINANCE NO. 2010-010 33
improvement or if an improvement or cumulative improvements significantly
impact downstream system capacity. Connection charges may be paid prior to or
when the building permit is issued.
(4) Changes in use may require additional connection fees to cover the impacts to the
sewer utility.
(b) Direct Facilities Charges.
(1) The utility shall assess and collect direct facilities charges from property owners
that directly benefit from utility -built or privately built sewer facilities, except
property owners who previously paid their fair share through an LID or ULID.
Facilities that may be covered in a direct facilities charge include, but are not
limited to, stubs built from the sewer main to the property line, pump stations and
mains.
(2) The direct facilities charge is the property owner's equitable share of the
established costs of the facilities he/she benefits from. The equitable share shall
include interest charges applied from the date of construction acceptance of the
facility until the property connects, or for a period not to exceed 10 years,
whichever is less, at a rate commensurate with the rate of interest applicable at the
time of construction of the facility to which the property owner is seeking to
connect but not to exceed 12 percent per year; provided, that the aggregate
amount of interest shall not exceed the equitable share of the cost of the facility
allocated to such property owner.
(3) The facilities' costs shall be allocated to benefitting property owners based on the
number of ERU's (single-family equivalents). The director may, however, make
such allocation based on front footage or other reasonably based methodology if
the director determines that such alternate basis or methodology better assures
equitable sharing of cost by all properties benefitting from the facilities.
(c) Administrative Procedures; Adjustment of Charges. The director is authorized to
adopt administrative procedures for the purpose of administering the provisions of
this section, and to adjust the charges established by subsections (a) and (b) of this
section as needed to reflect the actual cost of the facilities for which the charges are
made.
(d) Any connection charges shall be included in the City's Fee Resolution.
13.08.300 Sewer rates.
(a) General. The city council shall establish rates for sewer use and service which are in
addition to connection charges and fees for specific services. The city may establish
classifications of customers or service, using any method or methods authorized by
law.
(b) Rate Basis. Sewer rates shall be based on revenue requirements necessary to cover all
costs of the utility, as authorized by the city council by the adoption of the annual
budget and subsequent amendments and shall be guided by adopted financial policies
and bond covenants.
(c) Rate Adjustments. Rates shall be evaluated periodically as part of the review and
adoption of the annual budget. Rate adjustments shall be recommended as needed to
meet revenue requirements. Any recommended rate adjustment shall consider equity,
adequacy, cost and other factors allowed by law.
ORDINANCE NO. 2010-010 34
(d) Billing and Collection. The utility shall develop and implement procedures and
systems pertaining to the billing and collection of sewer service charges and fees in
accordance with state law.
(e) Rate Relief. The city council may establish sewer rate relief measures for specific
customer classes as authorized by state law.
13.08.310 Violations — Penalties.
(a) Civil Violation. Any violation of any of the provisions of this code constitutes a civil
violation as provided for in the AMC Chapter 11, for which a monetary penalty may
be assessed and abatement may be required as provided therein. The city shall seek
compliance through the civil violations code if compliance is not achieved through
this code.
(b) Destruction of Notice. It shall be unlawful for any person to remove, mutilate,
destroy, or conceal any notice issued and posted by the director pursuant to this code.
Section 5. Arlington Municipal Code Section 13.16.010 is amended to read as
follows:
13,16.010 Definitions.
As used in this chapter, the following definitions apply:
(a) "City" means the city of Arlington, Washington.
(b) "Comprehensive solid waste management plan" or "comprehensive plan" means the
Snohomish County comprehensive solid waste management plan, including a
recycling element, as adopted by Snohomish County Motion and as amended from
time to time.
(c) "County" means Snohomish County, Washington.
(d) "Interlocal agreement" means the Interlocal Agreement Regarding Solid Waste
Management, Snohomish County Auditor's File No. 200802130271, and
incorporated herein by this reference along with any amendments thereto.
(e) "Person" means an individual, firm, partnership, political subdivision, government
agency, municipality, industry, public or private corporation, or any other entity
whatsoever.
(f) "Solid Waste" means solid waste as defined by RCW 70.95.030(16) and WAC 173-
304-100(73) with the exception of wastes excluded by WAC 173-304-015.
(g) "Solid waste handling" means the management, storage, collection, transportation,
treatment, utilization, processing, and final disposal of solid wastes, including the
recovery and recycling of materials from solid wastes, the recovery of energy
resources from such wastes or the conversion of the energy in such wastes to more
useful forms or combinations thereof, and as such term may be modified by
amendments to RCW 70.95.030(17).
(h) "System" means all facilities for solid waste handling owned or operated, or
contracted for, by county, and all administrative activities related thereto.
Section 6. Arlington Municipal Code Section 13.16.030 is amended to read as
follows:
ORDINANCE NO. 2010-010 35
13.16.030 Unlawful disposal of solid waste.
(a) It is unlawful for any person to dispose of any solid waste generated in the city and
subject to this chapter unless they comply with the provisions of RCW 70.95.240,
RCW 70.95.500, and RCW 70.95.610, which are hereby adopted by reference.
(b) Any violation of the provisions of RCW 70.95.240 shall be a misdemeanor, and any
person found guilty thereof shall be punished by a fine not to exceed one thousand
dollars or imprisonment in jail not to exceed ninety days, or by both such fine and
imprisonment.
(c) Any violation of the provisions of RCW 70.95.610 shall be misdemeanor, punishable
by a fine not to exceed one thousand dollars.
(d) Any violation of the provisions of RCW 70.95.500 shall be punishable by a civil
penalty, which shall be no less than two hundred dollars, nor more than two thousand
dollars for each offense.
Section 7. Arlington Municipal Code Section 13.20.010 is amended to read as
follows:
13.20.010 Service outside city limits authorized.
(a) The city is authorized, pursuant to RCW 35.67,310 and 35.92.200, to provide
sanitary sewer and water service to property outside the city limits. The city's
provision of such service is not mandatory. In all circumstances in which the city
agrees to provide water or sanitary sewer service to property beyond its limits, the
applicants for such service must comply with all of the terms and conditions of this
chapter.
(b) After designation of the city's urban growth area boundary by the county as
contemplated by RCW 36.70A.110, the city is prohibited from annexing territory
beyond such boundary (RCW 35A.14.005). Therefore, except to municipal
corporations or quasi -municipal corporations, such as water, sanitary sewer or fire
districts, and then only under the circumstances described in subsection (c) of this
section, the city's extension of sanitary sewer service outside the city limits to
property not contained within the city's urban growth area is generally not
appropriate under state law.
(c) The Growth Management Act, Chapter 36.70A RCW, allows cities to provide water
and sanitary sewer services in rural areas in those limited circumstances shown to be
necessary to protect basic public health, safety and the environment, and when such
services are financially supportable at rural densities and do not permit urban
development. Applications for water and/or sanitary sewer service in rural areas or
areas outside the city's urban growth area may be granted by the city under these
circumstances under the procedures set forth in Section 13.20.070 (Extensions for
Public Health, Safety or Environmental Reasons).
(d) System expansion will not be permitted except in conjunction with and at the time of
providing individual service connections as permitted herein.
Section 8. Arlington Municipal Code Section 13.20.020 is amended to read as
follows:
ORDINANCE NO. 2010-010 36
13.20.020 Service outside city limits --Application.
Any person desiring to have their property connected with the city's water supply system
or with sanitary sewer service shall make application at the office of the city's planning
division on the appropriate form. Every such application shall be made by the owner of
the property to be supplied the service, or by his or her authorized agent. The applicant
must state fully the purposes for which the water and/or sanitary sewer service is
required. Applicants must agree to conform to the city's rules and regulations concerning
water and sanitary sewer service set forth in this title, as the same now exists or may be
amended in the future. The Director of Public Works or his or her designee is hereby
authorized to develop administrative guidelines, procedures and forms to implement this
process.
Section 9. Arlington Municipal Code Section 13.24.020 is amended to read as
follows:
13,24.020 Definitions.
As used in this chapter, the terms listed below shall be defined as follows:
(a) "City" means the City of Arlington, Washington unless otherwise specified.
(b) "Cost of construction" means those costs (excluding interest charges or other
financing costs) incurred for design, acquisition for rights -of -way and/or easements,
(c) "Engineer" means the city engineer or his or her designated representative.
(d) "Recoverable costs" means a fair pro rata share of the cost of construction of sewer or
water facilities that exceeds the requirements of city code or adopted city standards or
that provides excess capacity as determined by the engineer.
(e) "Reimbursement agreement" means a written contract between the city and one or
more parties providing both for construction of sewer or water facilities and for
reimbursement to the party or parties constructing the facilities for part of the costs of
the facilities by owners of property benefited by the improvements.
(f) "Sewer or water facilities" shall have the meaning specified in RCW 35.91.020 as it
now reads or as hereafter amended.
Section 10. Arlington Municipal Code Section 13.24.030 is amended to read as
follows:
13.24,030 Authorization.
Any owner of real estate who is required to construct or improve sewer or water facilities
as a result of any provision of city code or other local or state regulation as a prerequisite
to further development may make application to the engineer for the establishment by
contract of an assessment reimbursement area as provided by state law.
If authorized by ordinance or contract, the City may participate in financing the
development of water, sewer or storm facilities authorized by, and in accordance with
RCW 35.91.020. The City will have the same rights to reimbursement as owners of real
estate who make contributions as authorized under this section.
Section 11. Arlington Municipal Code Section 13.24.040 is amended to read as
follows:
ORDINANCE NO. 2010-010 37
13.24.040 Minimum project cost.
To be eligible for a reimbursement agreement, the estimated recoverable cost of the
proposed water or sewer improvement must be not less than twenty-five thousand dollars.
The estimated costs of the improvement shall be determined by the engineer, based upon
a construction contract for the project, bids, engineering or architectural estimates or
other information deemed by the engineer to be a reliable basis for estimating costs. The
determination of the engineer shall be final. A separate contract shall be required for each
water, sewer or storm water element
Section 12. Arlington Municipal Code Section 13.24.050 is amended to read as
follows:
13.24.050 Application --Contents.
Every application for the establishment of an assessment reimbursement area shall be
accompanied by the application fee specified in Section 13.24.120 of this code and shall
include the following items:
(a) Approved utility design drawings;
(b) Itemized estimate of construction costs prepared and signed by a Washington state
licensed civil engineer or in the form of a bid submitted by a qualified contractor (if
more than one bid has been obtained, all bids must be submitted to the city).
(c) A scaled vicinity drawing, stamped by a licensed engineer or licensed land surveyor
depicting the proposed improvements, the location, the proposed benefited area,
dimension and county assessor's numbers for each tax parcel, size of parcels, and
evaluations where necessary for determining benefits;
(d) A separate legal description for each tax parcel within the benefited area;
(e) A complete list of owners of record of property within the proposed assessment
reimbursement area certified as complete and accurate by the applicant and which
states names and mailing addresses for each such owner;
(f) Envelopes addressed to each of the record owners of property at the address shown on
the tax rolls of the county treasurer within the proposed reimbursement area
boundary. Proper postage for certified mail shall be affixed or provided;
(g) Copies of executed deeds and/or easements in which the applicant is the grantee for
all property necessary for the installation of such sewer or water facilities; and
(h) Such other information as the engineer determines is necessary to properly review the
application.
Section 13. Arlington Municipal Code Section 13.24.060 is amended to read as
follows:
13.24.060 Engineer's recommendation.
(a) The engineer shall review all applications for the establishment of an assessment
reimbursement area and may recommend approval of the application only if the
following requirements are met:
ORDINANCE NO. 2010-010 38
(1) The project satisfies the minimum cost requirement and complies with city
standards;
(2) The proposed improvements fall within the description of sewer or water facilities
as those terms are described in RCW Chapter 35.91; and
(3) The proposed improvements are not constructed or currently under construction.
(b) In the event all of the above criteria are not satisfied, the engineer may recommend
conditional approval as is deemed necessary in order for the application to conform to
such criteria, or shall recommend denial of the application. The engineer's
recommendations as to the reimbursement area, method for calculating the
reimbursement fee and other recommendations shall be forwarded to the city council.
(c) The city council shall have final authority to grant or deny a request for a recovery
contract under this chapter. In reviewing a request for reimbursement pursuant to this
chapter, the city council may, in its sole discretion, agree to a reimbursement
agreement, or deny the same.
Section 14. Arlington Municipal Code Section 13.24.100 is amended to read as
follows:
13.24.100 Length of reimbursement provision.
No reimbursement agreement shall provide for reimbursement for a period longer than
twenty years from the date of final acceptance of the improvements by the city.
Section 15. Arlington Municipal Code Chapter 13.28 is repealed in its entirety.
Section 16. A new Chapter 13.28 is hereby added to the Arlington Municipal Code, as
follows:
13.28.010
13.28.020
13.28.030
13.28.040
13.28.050
13.28.060
13.28.070
13.28.080
13.28.090
13.28.100
13.28.110
13.28.120
13.28.130
13.28.115
Chapter 13.28
STORMWATER UTILITY
Title.
Stormwater department established.
Purpose.
Territorial application.
Intent.
Definitions.
Applicability of the utility.
Authority of the utility.
Comprehensive stormwater plan.
Studies and basin plans.
Emergency plan.
Areas of special flood hazard.
Connections or modifications to the drainage
system.
Facility ownership.
ORDINANCE NO. 2010-010 39
13.28.140
Permits — Approvals.
13.28.150
Engineering and design requirements.
13.28.160
Exceptions.
13.28.170
Installation responsibility.
13.28.180
Latecomer agreements.
13.28.190
Drainage easement requirements.
13,28.200
Construction requirements.
13.28.210
Construction and warranty inspections and tests.
13.28.220
Maintenance of drainage facilities.
13.28.230
Discharge of polluting matter.
13.28.240
Private facility inspections.
13.28.250
Illicit Discharge Detection and Elimination Program
13,28.260
Fees for permits/specific services.
13.28.270
Storm and surface water rates.
13.28.280
Violations — Penalties.
13.28.010 Title.
This chapter shall be known as the stormwater utility code and shall be referred to herein
as the "code."
13.28.020 Stormwater department established.
There is hereby created and established, pursuant to RCW Chapters 35A.80 and 35.67, a
storm and surface water utility to be known as the "Arlington Stormwater Utility." All
references to the "utility" in this chapter refer to the Arlington Stormwater Utility. The
administrator of the utility shall be designated by the city administrator. Any revenues
collected by the utility shall be separately accounted for and be used to provide for
regulation, operations and maintenance, improvements, debt service, education, and
administration of the utility. The officers and other employees shall consist of such
personnel as deemed necessary for the efficient administration of the department.
13.28.030 Purpose.
The purpose of this code is to:
(a) Provide for the planning, security, design, construction, use, maintenance, repair and
inspection of the public and private storm and surface water systems, and to protect
the life, health, and property of the general public;
(b) Establish programs consistent with federal and state regulations which assure the
quality of the water in such systems;
(c) Minimize water quality and quantity impacts causing degradation and sedimentation
of creeks, streams, ponds, lakes, and other water bodies;
(d) Preserve and enhance the suitability of waters for contact recreation, fish and wildlife
habitat, and aesthetics;
(e) Maintain and protect valuable groundwater quality, locations, and flow patterns
including points of recharge and discharge;
(f) Minimize the chance of flooding;
(g) Ensure the safety of public roads and rights -of -way;
ORDINANCE NO. 2010-010 40
(h) Decrease drainage related damage to public and private property; and
(i) Provide for the enforcement of the provisions of this code.
13.28.040 Cerritorial application.
(a) This code shall be in effect throughout the Utility Service Area as defined in AMC
13.28.060.
(b) Where the storm and surface water system crosses jurisdictional boundaries through
the physical interconnection of structures and conveyances, the utility shall
coordinate with neighboring jurisdictions to clarify roles and responsibilities in
stormwater management activities.
13.28.050 Intent.
It is the specific intent of this code to:
(a) Enact an exercise of the police power of the City of Arlington to protect and preserve
the public health, safety and welfare; its provisions shall be liberally construed to
accomplish this purpose.
(b) Provide for and to promote the health, safety and welfare of the general public and
not to create or otherwise establish or designate any particular class or group of
persons who will or should be especially protected or benefitted.
(c) Place the obligation of compliance upon the owner/operator. Nothing contained in
this code is intended to be or shall be construed to create or form the basis for liability
on the part of the city of Arlington, its utility, officers, employees or agents, for any
injury or damage resulting from the failure of the owner or operator of any private
system to comply with the provisions of the code, or by reason or in consequence of
any act or omission in connection with the implementation or enforcement of this
code by the city of Arlington, its utility, officers, employees or agents.
13.28.060 Definitions.
The following words and phrases, when used in this code, shall have the following
meanings:
(a) "AMC" means Arlington Municipal Code.
(b) "As -built" means a final approved drawing of the actual installation of structures,
materials and equipment that meets the requirements specified in the most recent
edition of the Engineering Standards.
(c) "Best Management Practice" (BMP) means those physical, structural and/or
managerial practices that, when used individually or in combination, prevent or
reduce structural damage, soil erosion, and water pollution. BMPs include, but are not
limited to, structural solutions covered by the terms "best available technology"
(BAT) and "all known available and reasonable methods of treatment" (AKART).
(d) "City" means the city of Arlington, Washington unless otherwise specified.
(e) "Comprehensive Stormwater Plan" means the latest version of the city of Arlington
Comprehensive Stormwater Plan as adopted by the city council.
(f) "Conveyance system" means that part of the drainage system that conveys storm and
surface water, including pipes, storage facilities, catch basins, ditches, swales, and
stream courses.
ORDINANCE NO. 2010-010 41
(g) "Detention facility" means an above or below ground facility, such as a pond or vault,
that temporarily stores stormwater runoff and subsequently releases it at a slower rate
than it is collected by the drainage facility.
(h) "Director" means the director of the Arlington Public Works Department, or
designated representative.
(i) "Drainage Connection Permit" means a permit which is required to connect to an
existing public drainage system, construct a new private drainage system, or modify
an existing private drainage system.
(j) "Drainage system". See "storm and surface water system."
(k) "Emergency" means any natural or human -caused event or set of circumstances that
disrupts or threatens to disrupt or endanger the operation, structural integrity or safety
of the drainage system; or endangers the health and safety of the public; or aquatic
inhabitants; or otherwise requires immediate action by the utility.
(1) "Engineering Standards" means the most recent edition of the City of Arlington
Public Works Design and Construction Standards and Specifications manual, which
include minimum requirements for the design and construction of storm and surface
water drainage facilities.
(m)"Equivalent Service Unit" (ESU) means the measure of impervious area to be used by
the utility in assessing service charges against a parcel of property. One ESU is equal
to six thousand square feet of impervious area.
(n) "Illicit Discharge" means any discharge to a municipal separate storm sewer that is
not composed entirely of stormwater, except discharges as allowed by this code.
(o) "Illicit Discharge Detection and Elimination (IDDE) program" means a program
designed to detect and eliminate illicit discharges through education, enforcement, or
other measures available to the utility under this code. The IDDE program is both
reactive and proactive. The program is reactive in addressing spills and other illicit
discharges to the stormwater drain systems that are found. The program is proactive
in preventing and eliminating illicit discharges through education, training and
enforcement
(p) "Impervious area" means the hard surface area which prevents or retards the entry of
water into the soil mantle and/or causes water to run off the surface in greater
quantities or at an increased rate of flow from that present under natural conditions
prior to development. Common impervious surfaces include, but are not limited to,
roof tops, walkways, patios, driveways, parking lots or storage areas, concrete or
asphalt paving, gravel roads, packed earthen materials, and oiled macadam or other
surfaces which similarly impede the natural infiltration of surface and stormwater
runoff. Open retention/detention facilities and vegetated wetlands shall not be
considered as impervious surfaces for the purposes of this section when the area of
open water was incorporated in to the design. An area or property may be deemed
impervious whether or not the same is occupied or inhabited.
(q) "Maintenance Standards" means City of Arlington Stormwater Utility Maintenance
Standards which includes minimum requirements for maintaining drainage facilities
so they function as intended and provide water quality protection and flood control,
maintenance standards are identified or referenced in the Engineering Standards.
Maintenance of stormwater management systems located in critical areas buffers will
be required to follow an approved plan approved by the Natural Resources Manager.
ORDINANCE NO. 2010-010 42
(r) "Maximum Extent Practicable or MEP" means the use of best management practices
that are technically and financially achievable, and are the technically sound and
financially responsible, non -numeric criteria (standard of compliance) applicable to
all municipal stormwater discharges through the implementation of "best
management practices."
(s) "National Pollution Detection and Elimination System Phase II Municipal
Stormwater Permit" (NPDES 11) means the permit first issued to the City by the
Washington Department of Ecology on February 16, 2007, and as may be
subsequently revised and reissued, and which contains federal and state conditions to
which the Utility must comply.
(t) "One Hundred (100) Year, Twenty Four (24) Hour Storm" means a storm with 24-
hour duration with a 0.01 probability of exceedance in any one year.
(u) "Operations and Maintenance Manual" means a document prepared by the owner
and/or operator of a private drainage system as part of the drainage connection permit
application or the stormwater credit application, approved by Utility reviewers, and
revised and included with the as -built submittal. The O&M Manual for a property
becomes the basis for evaluation during private drainage facility inspections.
(v) "Pollution" means the contamination or other alteration of the physical, chemical, or
biological properties of any natural waters including change in temperature, taste,
color, turbidity, or odor of the waters, or the discharge of any liquid, gaseous, solid,
radioactive, or other substance into any such waters as will, or is likely to, create a
nuisance or render such waters harmful, detrimental, or injurious to the public health,
safety, or welfare, or to domestic, commercial, industrial, agricultural, recreational, or
other legitimate beneficial uses, or to livestock, wild animals, birds, fish or other
aquatic life, per RCW 90.48.20.
(w) "Procedure" means a procedure adopted by the utility, by and through the director, to
implement this code, or to carry out other responsibilities as may be required by this
code or other codes, ordinances, or resolutions of the City or other agencies.
(x) "Property owner" means any individual, company, partnership, joint venture,
corporation, association, society or group that owns or has a contractual interest in the
subject property or has been authorized by the owner to act on his/her behalf.
(y) "Private system or private drainage facility" means any element of a storm and
surface water system which is not a part of the public drainage system as defined in
this code.
(z) "Public storm and surface water system, or public drainage system" means those
elements of the storm and surface water system:
(1) Located on property owned by the City or in public right-of-way; or
(2) Located on property on which the City has an easement, license or other right of
use for utility purposes.
(aa) "Redevelopment" means, on a currently developed site, the creation or addition of
impervious surfaces; structural development including construction, installation, or
expansion of a building or other structure; and/or replacement of impervious surface
that is not part of a routine maintenance activity; and land or vegetation disturbing
activities associated with structural or impervious development.
(bb) "Runoff control BMPs" means best management practices that are intended to
control or manage the rate and/or quantity of stormwater runoff.
ORDINANCE NO. 2010-010 43
(cc) "Service charge" means the monthly fee levied by the utility upon all real property
within the boundary of the utility as authorized herein.
(dd) "Source control BMPs" means best management practices that are intended to
prevent pollutants from entering storm and surface water.
(cc) "Storm and surface water system," (also referred to as the drainage system), means
the entire system within the City, both public and private, naturally existing and
manmade, for the drainage, conveyance, detention, treatment or storage of storm and
surface waters. However, facilities directly associated with buildings or structures
such as foundation drains, rockery/retaining wall drains, gutters and downspouts or
groundwater are not considered parts of the storm and surface water system.
(ff) "Stormwater Credit Manual" a manual detailing procedures and requirements for
receiving credit against the monthly stormwater utility bill through education, proper
installation and maintenance of on -site, private stormwater systems. It is the City's
intent to encourage sound technical design and maintenance practices that reduce the
negative impact of development on the drainage system through a simple but
effective credit system.
(gg) "Stormwater Management Program" (SWMP) is a set of actions and activities which
constitute a work plan for meeting the conditions of the City's NPDES Il Stormwater
Discharge Permit and reduce our overall impact on the natural environment.
(hh) "Stormwater Manual" means the 2005 Washington Department of Ecology
Stormwater Management Manual for Western Washington, as hereby adopted.
(ii) "Stormwater manual administrator" is the Public Works Director or their designee.
This person acts on the City's behalf to interpret matters associated with the
Stormwater Manual and to grant adjustments that are consistent with Stormwater
Manual objectives.
Oj) "Stream" means any channels as defined in AMC 20.88.100. These include areas
where surface waters flow sufficiently to produce a defined channel, bed or swale
where flow may be perennial or intermittent. This definition is not meant to include
ditches constructed to convey: ephemeral stormwater flows; irrigation water; or other
entirely artificial watercourses, unless they are used to convey certain streams
naturally occurring prior to construction.
(kk) "Unsafe condition" means any condition on any premises which is a hazard to public
health or safety that does or may impair or impede the operation or functioning of any
portion of the public drainage system or which may cause damage thereto.
(11) "Utility" means the stormwater utility, within the Utilities Division of the Public
Works Department of the City of Arlington.
(mm) "Utility Service Area" means that service area defined by the City of Arlington
city limits and as may be expanded through subsequent inter -local agreements,
annexations and special utility district assumptions.
13.28.70 Applicability of the Utility.
Any of the following actions or applications for any of the following permits and/or
approvals will require submittal for approval by the utility: site plans, design drawings,
and operation and maintenance plans. Submittals for the following shall be consistent
with the provisions of this code, and shall comply with the Stormwater Manual and the
Engineering Standards:
ORDINANCE NO, 2010-010 44
(a) Any modification of an existing drainage system;
(b) Creation of new or additional impervious surfaces;
(c) New development;
(d) Redevelopment that creates or alters impervious surfaces;
(e) Land disturbing activities, including construction, clearing, grubbing, grading, filling,
excavation or dewatering;
(f) Subdivision approval;
(g) Short subdivision approval;
(h) Commercial, industrial or multi -family site plan approval;
(i) Planned unit development or planned residential development;
0) Development within or adjacent to critical areas; and
(k) Substantial development permit required under RCW 90.58 (Shoreline Management
Act).
13.28.080 Authority of the Utility.
The utility, by and through its director, or designee shall have the authority to:
(a) Develop, adopt and carry out procedures as needed to implement this code and to
carry out other responsibilities of the utility, including, but not limited to, procedures
pertaining to the billing and collection of monthly service charges and procedures for
periodic adjustment of fees and charges imposed pursuant to this code and rate
structure as defined in AMC 13.12.
(b) Prepare and update as needed Engineering Standards to establish minimum
requirements for the design and construction of drainage facilities and requirements
for protecting existing facilities during construction. The Engineering Standards shall
be consistent with this code and adopted city policies.
(c) Administer and enforce this code and all procedures relating to the planning,
acquisition, security, design, construction, inspection and maintenance of new storm
and surface water facilities and relating to the regulation of storm and surface water
system alterations.
(d) Enter into any contract pursuant to Chapter 35.91 RCW, the Municipal Water and
Sewer Facilities Act, including contracts which provide for the reimbursement of
owners constructing facilities (latecomer agreements) and agreements with private
property owners.
(e) Prepare, update, administer and enforce as needed, maintenance standards to establish
minimum requirements for the maintenance of drainage facilities so they function as
intended, protect water quality and provide flood control.
(f) Develop and implement a program that includes administration, inspection,
education, and enforcement of private drainage facilities to ensure continued
compliance of drainage facilities with this code.
(g) Advise the city council, city administrator and other city departments and
commissions on matters relating to the utility.
(h) Prepare, revise as needed, recommend and implement a Comprehensive Stormwater
Plan for adoption by the city council, and prepare basin plans and other studies that
are approved in the utility's adopted budget.
(i) Develop a Stormwater Management Program, as required by state and/or federal
agencies.
ORDINANCE NO. 2010-010 45
(j) Develop an Illicit Discharge Detection and Elimination program, as required by state
and/or federal agencies.
(k) Establish and implement programs to protect and maintain water quality and to
manage stormwater runoff within the storm and surface water system in order to
maintain compliance to the maximum extent practicable with applicable water quality
standards established by state and/or federal agencies as now or hereafter adopted.
(1) Perform or direct the performance of financial review and analysis of the utility's
revenues, expenses, indebtedness, rates and accounting and recommend budgets, rates
and financial policy for adoption by the city council.
(m)Carry out such other responsibilities as required by this code or other city codes,
ordinances or regulations consistent with the Arlington comprehensive plan.
(n) Terminate utility service, including water and sewer service, to any utility customer
who is violating any provision of this code, to the extent permitted by law.
(o) Conduct public education programs related to protection and enhancement of the
drainage system.
(p) Develop an Underground Injection Control program to manage stormwater
infiltration systems, as required by state and/or federal agencies.
13.28.090 Comprehensive Stormwater Plan.
A Comprehensive stormwater plan shall be developed by the utility for review and
adoption by the city council. The utility shall recommend supplements or updated plans
for adoption by the city council as needed.
13.28.100 Studies and basin plans.
The utility may, from time to time, conduct studies and develop basin plans. Plan
recommendations which impact development or land use regulations shall be reviewed
and approved by the Arlington Community Development Director, or their designee,
prior to being forwarded to city council for adoption. Upon adoption, such plan
recommendations shall supersede the requirements of this code; provided that the basin -
specific requirements provide an equal or greater level of water quality and runoff control
protection.
13.28.110 Emergency plan.
The utility will prepare and update an emergency plan, as required by state law, as part of
the City's emergency operation plan.
13.28.120 Connections or modifications to the drainage system.
Connections or modifications to any public or private drainage system, including
abandonment or removal of any structures, shall be allowed only if:
(a) All applicable requirements of this code have been met; and
(b) All applicable Engineering Standards have been met; and
(c) The property owner has paid all applicable fees and charges.
13.28.130 System ownership.
Utility ownership of stormwater facilities.
ORDINANCE NO. 2010-010 46
(a) The utility owns and maintains all elements of the stormwater drainage system in the
public right-of-way and in easements or tracts dedicated to and accepted by the
utility, except to the extent private ownership is otherwise indicated as a matter of
record.
(b) The utility may choose to accept ownership (or other property rights) and
maintenance responsibility for privately built drainage facilities when all of the
following conditions are met:
(1) Ownership of the facility by the utility would provide a public benefit; and
(2) Necessary and appropriate property rights (easement) are offered by the property
owner at no cost to the utility; and
(3) Transfer of the facility is consistent with the land use permit issued by the city of
Arlington, and
(4) The facility meets Engineering Standards, as determined by the utility, or is
brought up to Engineering Standards by the owner; and
(5) There is access for utility maintenance in accordance with criteria provided in the
Engineering Standards; and
(6) The utility has adequate resources to maintain the facility; and
(7) In the case of runoff control facilities, the facility serves a residential subdivision
or short plat, rather than a commercial property; and
(8) The facility is transferred to the utility by bill of sale at no cost to the city.
(c) It is unlawful for any person, except City of Arlington personnel or its authorized
contractors to alter any portion of the city owned stormwater system.
13.28.140 Permits — Approvals.
Drainage Connection Permit.
(a) A drainage connection permit is required to connect to or modify the public drainage
system or modify a private drainage system,
(b) The property owner shall apply for a drainage connection permit whenever new
development or redevelopment involves any of the following:
(1) Detention or other runoff control facilities; or
(2) Runoff treatment facilities, other than spill control structures; or
(3) Work on the public drainage system or within the right-of-way:
(4) Culverts for driveways that can be covered under another permit such as a grading
or right-of-way permit; or
(5) Work on private drainage systems that may or may not be covered under another
permit such as a building or grading permit.
(c) A drainage connection permit application must be made by the property owner or
their licensed and bonded contractor.
(d) Drainage connection permit issuance date will coincide with the Site/Civil Permit
approval date and shall expire 18 months from the date of issuance, or as otherwise
specified in the Engineering Standards.
(e) The utility will accept constructed facilities as complete once the facilities have been
constructed according to the approved plans and specifications, as confirmed by
utility inspectors and as -built drawings along with a final O&M manual have been
completed as specified in the Engineering Standards; and all applicable fees and
charges have been paid. Ownership of newly constructed stormwater drainage
ORDINANCE NO. 201.0-010 47
systems within the public right-of-way or in easements conveyed to the city shall be
transferred to the city through a bill of sale.
(f) Contractors. Contractors shall be licensed in accordance with Washington State
requirements and shall be registered with the City of Arlington.
(g) The City Engineer, or their designee, shall administratively determine submittal
requirements for all permits pertaining to stormwater system design and construction.
(h) When an application for drainage connection, new drainage system, or drainage
modification is required, it shall be the property owner's responsibility to design all
drainage facilities required to serve the property including, but not limited to,
conveyance systems, runoff treatment best management practices, detention facilities
and other system components, in accordance with Engineering Standards and the
requirements of this Code.
13.28.150 Engineering and design requirements.
(a) Authorities. The stormwater engineering and design requirements of the city,
including but not limited to thresholds, definitions, minimum requirements,
adjustment and variance criteria, and exceptions to these requirements, shall be
governed by the 2005 Department of Ecology Stormwater Manual, the City of
Arlington Engineering Standards, and all provisions of this code, including permits
issued under 13.28.120, and including differences identified elsewhere in 13.28.130.
In the event of conflicts between the various provisions, the most restrictive provision
shall apply.
(b) Divergence from the Stormwater Manual. Design, construction, maintenance, and
other requirements to be applied on projects within the City may differ from the
Stormwater Manual, and may be modified from time to time in order to meet
regulatory requirements or to take advantage of improved technology or
advancements in Best Available Science. All such requirements which differ from
those of the Stormwater Manual shall be clearly identified within the Engineering
Standards or within permits issued by the City.
(c) Low Impact Development (LID). Nothing in this AMC 13.28 is intended to preclude
the use of non-structural preventative actions and source reduction approaches as
alternatives to the engineering and design requirements identified herein, and in the
Stormwater Manual and the Engineering Standards. These measures include LID
techniques which minimize the creation of impervious surfaces and the disturbance of
native soils and vegetation. The City's LID code and procedures shall be specified in
AMC Title 20 — Land Use Code and in the City of Arlington Engineering Standards.
13.28.160 Exceptions.
(a) Where physical circumstances or conditions affecting the property, and where the
strict application of these provisions would deprive the applicant of all reasonable
economic use of the parcel of land in question, every effort shall be made to find
alternatives to meet the intent of the requirements of AMC 13.28.150.
(b) Exception Process. Exceptions to the requirements of AMC 13.28.150 may be
granted by the Public Works Director, or their designee, provided that the exception
address all of the following criteria:
ORDINANCE NO. 2010-010 48
(1) The exception provides equivalent environmental protection; is in the public
interest; and the objectives of safety, function, environmental protection and
facility maintenance are fully met; and
(2) The granting of the exception will not be detrimental to the public health and
welfare and will not be injurious to other properties in the vicinity and/or
downstream of the proposal and/or to the quality of waters of the state; and
(3) The exception provides the least possible deviation from the requirements of
AMC 13.28.150.
13.28.170 Installation responsibility.
(a) Property Owner Installation. The property owner shall install all drainage facilities as
required by this code and in accordance with Engineering Standards.
(b) Costs. All installation costs are the property owner's responsibility, except where:
(1) If the utility requires a property owner to upsize a drainage facility, the utility will
compensate the property owner for the difference in material cost between the
normally sized facility and the upsized facility, based on the lowest of three bids
furnished by the property owner from reputable licensed contractors. Upsizing
means the difference between the City's minimum design standards, as defined in
the Engineering Standards, and the required facility size.
(2) An owner who constructs a public drainage system extension that directly benefits
a property in addition to the owner's may request a latecomer agreement in order
to be reimbursed from benefitting properties that connect to the extension during
the agreement's duration. See AMC Chapter 13.24 regarding latecomer
agreements.
(3) The city may choose to install drainage facilities to facilitate development,
coordinate with other city projects, or for other utility purposes.
13.28.180 Latecomer agreements.
See AMC Chapter 13.24 Utility Reimbursement Agreements.
13.28.190 Drainage easement requirements.
(a) An easement is required whenever public drainage facilities will be constructed on
private property or whenever private drainage facilities will be constructed on
property owned by a third party. Evidence of the easement between the applicant and
third party property owner shall be provided to the city.
(b) Requirements. All of the following requirements shall be met before the city will
accept and approve any easement:
(1) Clear title in the grantor shall be demonstrated; and
(2) The proposed easement shall be compatible with utility clearance standards and
setback standards and with other utilities or easements; and
(3) The easement shall provide the city with access to the facility for repair and
maintenance; and
(4) The easement shall prohibit all structures within the easement except those which
can readily be removed by the structure's owner at the owner's expense when
access to the drainage facility is required by the utility. If such structures are
ORDINANCE NO. 2010-010 49
within the easement area, an agreement to remove the structures on request by the
utility, approved by the city, shall be recorded; and
(5) The easement shall prohibit all vegetation and landscaping that may inflict
damage on the utility, or that will impede the utility from performing necessary
maintenance, repair, or replacement work on the utility located within the
easement. The utility may request the land owners upon whose property the
easement crosses to remove select vegetation and landscape. If the land owners
upon whose property the easement crosses fail to comply with the request to
remove vegetation and landscaping, the utility may remove the landscaping with
City employees or a licensed contractor at the owner's expense.
(6) The easement dimensions and other requirements shall conform to the
Engineering Standards. The easement must be recorded prior to final approval of
the project.
(7) New easements will not be granted through areas that already have a Critical Area
Protection Easement, or other areas already identified as vegetated buffers.
(c) Costs. The property owner shall pay all costs of providing or obtaining and recording
the easement.
(d) Relinquishment of Easement. An easement granted to the utility may be relinquished
only if the utility determines it is no longer needed and the city council authorizes the
relinquishment.
13.28.200 Construction requirements.
(a) General. When constructing or modifying drainage facilities, compliance is required
with this code, the Engineering Standards, the approved Site/Civil Permit, plans and
specifications, the terms of any drainage connection permit, the recommendations of
the manufacturer of the materials or equipment used, and any applicable local, state
or federal requirements.
(b) Safety Requirements. Utility staff will perform inspections only if shoring and other
site conditions conform to WISHA safety standards and other safety requirements, as
applicable.
(c) Failure to Complete Work or Meet Requirements.
(1) The utility may complete public drainage facility construction begun by a
property owner or contractor, or take steps to restore the site (such as backfilling
trenches and restoring the public right of way) if the work does not meet utility
requirements, the contractor or person doing the work fails to rectify the problem
following notification by the utility, and the work, in the opinion of the utility,
constitutes a hazard to public safety, health or the drainage system.
(2) Utility costs incurred pursuant to subsection (c)(1) of this section shall be
calculated pursuant to AMC 13.28.170 and charged to the owner or contractor in
charge of such work. The permittee shall pay the utility immediately after written
notification is delivered to the responsible parties or is posted at the location of
the work. Such costs shall constitute a civil debt owed to the utility jointly and
severally by such persons who have been given notice as herein provided. The
debt shall be collectable in the same manner as any other civil debt owing the
utility. In addition, if an assurance device was collected for the project, the City
may collect the debt from the assurance device.
ORDINANCE NO. 2010-010 50
(3) If in the opinion of the director, the work being performed is not in accordance
with these codes or the Engineering Standards and the permittee is unwilling to
change or correct the deficiencies, the director may issue a stop work order until
the deficiencies are corrected.
(d) Authorized Drainage Construction. Only the following persons are authorized to
install drainage facilities:
(1) Contractors licensed in accordance with AMC 13.28.120(f).
(2) Property owners working on their own property.
(e) Posting of Drainage Connection Permit. If a drainage connection permit is required
for the work, the permit shall be readily available at the job site to utility inspectors.
(f) Location of Connection. Connection to the drainage system shall be made at a point
approved by the utility.
(g) As -Built Drawings and O&M Manual. An as -built plan shall be completed according
to the requirements in the Engineering Standards and filed with the utility prior to the
city's acceptance of the improvements or final approval by the utility inspectors. A
final O&M manual shall be submitted that reflects any changes to the drainage
system between permitting and final construction approval.
13.28.210 Construction and warranty inspections and tests.
(a) Construction/Installation Inspection. All projects involving construction of new
drainage facilities, or connection or modification to existing drainage facilities are
subject to utility inspection to ensure compliance with the code, Engineering
Standards, and permit/approval conditions. As a condition of permit issuance, the
applicant shall consent to inspection and testing.
(b) Warranty Inspections and Tests. Public facilities and equipment accepted by the
utility under specific warranties may be re -inspected at the utility's discretion and, if
necessary, retested prior to the expiration of the warranty period.
13.28.220 Maintenance of drainage facilities.
(a) Maintenance Responsibility.
(1) The utility is responsible for maintaining, repairing, and replacing public drainage
facilities.
(2) Owners of private drainage facilities, including but not limited to detention
facilities, runoff treatment facilities and conveyance facilities, are responsible for
the operation, maintenance, repair, and replacement of those facilities.
(3) In new subdivisions and short plats, maintenance responsibility for private
drainage facilities shall be specified on the recorded subdivision or short plat.
(4) If a private drainage facility serves multiple lots and the responsibility for
maintenance has not been specified on the subdivision plat, short plat or other
legal document, maintenance responsibility shall rest with the homeowners
association, if one exists, or otherwise with the properties served by the facility, or
finally, with the owners of the property on which the facilities are located.
(b) Maintenance and Inspection Standards. Drainage facilities shall be maintained so that
they operate as intended. Stormwater maintenance standards shall be in accordance
with the Stormwater Manual, the Engineering Standards, and in accordance with the
ORDINANCE NO. 2010-010 51
operation and maintenance plan (O&M manual) approved for the drainage facility
operation and maintenance plan.
13.28.230 Discharge ot'polluting matter.
(a) Discharge of Polluting Matter Prohibited. No person shall discharge, either directly or
indirectly, any organic or inorganic matter into the storm and surface water system
that may cause or tend to cause water pollution, including, but not limited to, the
following:
(1) Petroleum products including but not limited to oil, gasoline, grease, fuel oil and
heating oil;
(2) Trash or debris;
(3) Pet wastes;
(4) Chemicals;
(5) Paints;
(6) Steam cleaning wastes;
(7) Washing of fresh concrete for cleaning and/or finishing purposes or to expose
aggregates;
(8) Wash water runoff from pavements and building exteriors;
(9) Laundry wastes;
(10) Soaps and detergents;
(11) Pesticides, herbicides, or fertilizers;
(12) Sanitary sewage;
(13) Heated water;
(14) Chlorinated water or chlorine;
(15) Degreasers and/or solvents;
(16) Bark and other fibrous material;
(17) Antifreeze or other automotive products;
(18) Lawn clippings, leaves, or branches;
(19) Non-native invasive plants or seeds
(20) Animal carcasses or aquarium pets;
(21) Sediment;
(22) Acids or alkalis;
(23) Recreational vehicle wastes;
(24) Dyes (without prior permission of the drainage utility);
(25) Construction materials;
(26) Food waste;
(27) Lawn watering and other irrigation runoff,
(28) Swimming pool discharges;
(29) Runoff from dust control efforts
(b) Swimming pool discharges shall be allowed where discharges are de -chlorinated to a
concentration of 0.1 ppm, pH -adjusted and re -oxygenated, if necessary, and
volumetrically and velocity controlled to prevent re -suspension of sediments in the
stormwater system.
(c) Pavement Washing Prohibited. In addition to the prohibitions of subsection (a) of this
section, washing of public or private streets and parking areas is not permitted unless
all of the following conditions are met:
ORDINANCE NO. 2010-010 52
(1) No other feasible alternative exists to remove the undesirable material; and
(2) Prior written approval is obtained from the director; and
(3) Facilities are provided to collect and treat the wash water runoff and affected
drainage facilities are cleaned.
(d) Discharge of Pollutants — Liability for Expenses Incurred by the Utility. Any person
responsible for pollutant discharge into the storm and surface water system who fails
to immediately collect, remove, contain, treat or disperse such pollutant materials at
the director's request shall be responsible for the necessary expenses incurred by the
City in carrying out any pollutant abatement procedures, including the collection,
removal, containment, treatment or disposal of such materials.
(e) Source Control BMPs. To prevent discharge of polluting matter into the storm and
surface water system, source controls shall be applied in accordance with the
Maintenance Standards for public and private systems as per AMC 13.28.230(b).
13.28.240 Private facility inspections.
(a) Inspection Program. As required by the NPDES II permit, the director is authorized to
develop and implement an inspection program for new and existing private drainage
facilities within the City.
(b) Right of Entry. An authorized representative of the City may enter private property at
all reasonable times to conduct inspections, tests or to carry out other duties imposed
by the code, provided the utility shall first attempt to notify the property owner or
person responsible for the premises. If entry is refused or cannot be obtained, the
director shall have recourse to every remedy provided by law to secure entry.
13.28.250 Illicit Discharge Detection and Elimination (IDDE) and Emergency Conditions
(a) IDDE Inspection Program. As required by the National Pollution Discharge
Elimination System, Phase 2 permit, the director is authorized to develop and
implement an IDDE program specifically designed to detect and eliminate illicit
discharges.
(b) Right of Entry. Upon detection or verifiable reporting of an illicit discharge, an
authorized representative of the utility may enter private property at all reasonable
times to conduct inspections, tests or to carry out other duties imposed by the code,
provided the utility shall first attempt to notify the property owner or person
responsible for the premises. If entry is refused or cannot be obtained, the director
shall have recourse to every remedy provided by law to secure entry.
(c) Emergency Conditions. Notwithstanding any other provisions of this code, whenever
it appears to the director, or an authorized representative of the utility, that conditions
regulated by this code exist and require immediate action to protect the public health,
safety, or public resources, the director is authorized, to the extent permitted by law,
to enter at all reasonable times in or upon any property, public or private, for the
purpose of inspecting and investigating such emergency conditions. The director may
without prior notice order the immediate discontinuance of any activity leading to the
emergency condition. Failure to comply with such order shall constitute a civil
violation pursuant to AMC 11.01.090.
13.28.260 Fees for permits/specific services.
ORDINANCE NO. 2010-010 53
(a) General.
(1) The director shall develop for city council review and adoption a schedule of fees
and charges for all permits and other specific services provided by the utility,
including:
(a) Drainage connection permits;
(b) Site investigations beyond typical operations and maintenance that may be
required by system blockages, water pollution, and other extenuating
circumstances;
(c) Disconnection charge for unauthorized connections;
(d) The fees referenced in this section are in addition to applicable stormwater
rates.
(b) Fee Schedule. The director shall adjust the schedule of fees and charges without
further city council action to the extent necessary to reflect actual changes in the
utility's cost of providing the service.
13.28.270 Storm and surface water rates.
(a) General. The city council shall establish service rates within AMC 13.12 for the
operation and maintenance of the drainage system, for related drainage services, and
for the operation of the Stormwater Utility. Shall establish classifications of
customers or service and rate structures, using any method or methods authorized by
law.
(b) Rate Basis. Drainage rates shall be based on revenue requirements necessary to cover
all costs of the utility, as authorized by the city council, the adoption of the annual
budget and subsequent amendments and shall be guided by adopted financial policies
and bond covenants.
(c) Rate Adjustments. Rates shall be evaluated periodically as part of the review and
adoption of the annual budget. Rate adjustments shall be recommended by the
director as needed to meet revenue requirements of the utility. The recommendation
shall consider equity, adequacy, costs, NPDES requirements and other factors
allowed by law.
(d) Rate Relief. The city council may establish drainage rate relief measures, as
authorized by state law and as detailed in the Stormwater Credit Manual, for specific
customer classes where, through site design, regular system maintenance, education
and other approaches, the impacts of stormwater on the drainage system are reduced.
13.28.280 Violations — Penalties.
(a) Voluntary correction. In the event a property owner or contractor violates any of the
provisions of this code, the Stormwater Manual, or the Engineering Standards, City
staff shall work with the violator to voluntarily correct the situation and comply with
these conditions. Education and cooperative problem solving shall govern the city's
response during this period,
(b) Civil Violation. Any violation of any of the provisions of this code constitutes a civil
violation as provided for in the AMC Chapter 11, for which a monetary penalty may
be assessed and abatement may be required as provided therein. The city shall seek
compliance through the civil violations code if compliance is not achieved through
this code.
ORDINANCE NO. 2010-010 54
(c) Destruction of Notice. It shall be unlawful for any person to remove, mutilate,
destroy, or conceal any notice issued and posted by the director pursuant to this code.
Section 17. Arlington Municipal Code Section 13.32.020 is amended to read as
follows:
13.32.020 Documents adopted by reference.
The following documents are incorporated by reference as part of the city of Arlington
Cross -Connection Control Code:
(a) Washington Administrative Code (WAC) Chapter 246-290 rules and regulations
pertaining to Group A Public Water Systems as defined therein;
(b) The current City of Arlington Public Works Design and Construction Standards and
Specifications (Engineering Standards);
(c) The most current edition of the Cross -Connection Control Manual, Accepted
Procedure and Practice, as published by American Water Works Association, Pacific
Northwest Section;
(d) The city of Arlington Plumbing Code, Chapter 16.36 of this code;
(e) University of Southern California's Manual of Cross -Connection Control, "List of
Approved Backflow Assemblies".
Section 18. Arlington Municipal Code Section 13.32.040 is amended to read as
follows:
13,32.040 Scope.
This chapter applies to every premises, whether existing or under construction, located
within the water service area of the city of Arlington and seeking to connect, or already
connected, to the city of Arlington water system. The owners and occupants of all
premises served by the city's water distribution system shall comply with this chapter as a
condition to receiving water service, whether inside or outside of the city limits. It applies
to all systems installed before or after its enactment. Every owner and occupant of any
premises covered by this chapter is responsible for compliance with its terms and shall be
strictly liable for all damage incurred as a result of failure to comply with the express
terms and provisions contained herein.
Section 19. Arlington Municipal Code Section 13.32.060 is amended to read as
follows:
13.32.060 Administration and enforcement --Official authority.
(a) The city shall have the authority to enforce the cross -connection control requirements
specified by this chapter, WAC 246-290, and the implementation of a cross -
connection program that relies on premises isolation as defined in WAC 246-290-
010.
(b) All new buildings or developments within the city of Arlington water service area,
both inside and outside the city limits, shall be required to follow the cross -
connection control requirements specified herein.
ORDINANCE NO. 2010-010 55
(c) The city shall be responsible for the administration of cross -connection control for in -
premises protection defined in WAC 246-290-010. The most current edition of the
city of Arlington Plumbing Code as adopted by ordinance shall be administered and
enforced by the city building official or his/her designee for the purpose of cross -
connection control.
(d) Where provisions relative to cross -connection control are regulated by other
municipal or governmental agencies, the city of Arlington shall, when applicable or
necessary, enter into an interlocal cooperative agreement with such agencies for the
administration, inspection and enforcement of cross -connection controls pursuant to
this chapter.
Section 20. Arlington Municipal Code Section 13.32.080 is amended to read as
follows:
13.32.080 Cross -connection prohibited.
The installation or maintenance of a cross -connection which could endanger the city of
Arlington public water system is unlawful. Failure on the part of any service customer to
eliminate or control such cross -connection shall be sufficient cause for the termination of
the water service to the premises on which the cross -connection exists. The water service
shall not be resumed until the appropriate assembly is installed or the cross -connection is
removed. The City's cross -connection control specialist shall inspect the premises before
the water service is reestablished.
Section 21. Arlington Municipal Code Section 13.32.090 is amended to read as
follows:
13.32,090 Backflow prevention assemblies.
To ensure proper operation and accessibility of all backflow prevention assemblies, the
following requirements shall apply:
(a) All assemblies installed shall be a model approved by the Department of Health and
shall appear on the most recent List of Approved Backflow Assemblies. All backflow
assemblies shall be installed per the Engineering Standards at a location and in a
manner approved by the cross -connection control specialist and at no expense to the
city. Testing, repair or replacement of defective backflow prevention assemblies shall
be the responsibility of the service customer. Initial installation, tests or repairs shall
be made in the presence of the cross -connection control specialist and performed by a
certified backflow assembly tester (BAT) possessing all required specialty licenses.
(b) All new commercial and industrial facilities, residential, developments, or any types
of uses, connecting to the city of Arlington public water system shall be required to
install backflow assembly commensurate to their degree of hazard for premise
isolation as assessed by the cross -connection control specialist at the service location.
When premise isolation is installed at an alternate location, it must be acceptable to
the purveyor. The purveyor shall ensure that there are no connections between the
point of delivery from the public water system and the approved backflow assembly.
ORDINANCE NO. 2010-010 56
Section 22. Severability. If any provision, section, or part of this ordinance shall be
adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the
ordinance as a whole or any section, provision or part thereof not adjudged invalid or
unconstitutional.
Section 23. Effective Date. A summary of this Ordinance consisting of its title
shall be published in the official newspaper of the City, and shall take effect and be in full force
five (5) days after the date of publication.
PASSED by the City Council of the City of Arlington and APPROVED by the Mayor
this � `�'" day of U.t , 2010.
CITY OF ARLINGTON
Margarc arson, M6yor
ATTEST:
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APPROVED AS TO FORM:
Ste t/pAifflkjdi�- torney
ORDINANCE NO. 2010-010 57
SUMMARY OF ORDINANCE ADOPTION
You are hereby notified that on May 17, 2010, the City Council of the City of
Arlington, Washington, did adopt Ordinance No. 2010-010 entitled,
"AN ORDINANCE OF THE CITY OF ARLINGTON, WASHINGTON AMENDING AND
REPEALING CERTAIN SECTIONS OF ARLINGTON MUNICIPAL CODE TITLE 13
RELATING TO UTILITY SERVICE REGULATIONS."
This ordinance is effective five days from its passage and publication.
The full text of the ordinance is available to interested persons and will be mailed
upon request.
1
X X a
i +
City Clerk
City of Arlington
CERTIFICATION OF ORDINANCE
I, Kristin Banfield, being the duly appointed and acting Clerk of the City of Arlington,
Washington, a municipal corporation, do hereby certify that the following Ordinance
#2010-010 was approved at the May 17, 2010 City Council meeting.
ORDINANCE #2010-010
"AN ORDINANCE OF THE CITY OF ARLINGTON, WASHINGTON
AMENDING AND REPEALING CERTAIN SECTIONS OF
ARLINGTON MUNICIPAL CODE TITLE 13 RELATING TO UTILITY
SERVICE REGULATIONS."
A true and correct copy of the original ordinance is attached.
Dated this 18th day of May 2010.
Kristin anfield
City Clerk for the City of Arlington