Definitions—"System of sewerage," "public utility."
A "system of sewerage" means and may include any or all of the following:
(1) Sanitary sewage collection, treatment, and/or disposal facilities and services, on-site or off-site sanitary sewerage facilities, inspection services and maintenance services for public or private on-site systems, or any other means of sewage treatment and disposal approved by the city;
(2) Combined sanitary sewage disposal and storm or surface water sewers;
(3) Storm or surface water sewers;
(4) Outfalls for storm drainage or sanitary sewage and works, plants, and facilities for storm drainage or sanitary sewage treatment and disposal, and rights and interests in property relating to the system;
(5) Combined water and sewerage systems;
(6) Point and nonpoint water pollution monitoring programs that are directly related to the sewerage facilities and programs operated by a city or town;
(7) Public restroom and sanitary facilities; and
(8) Any combination of or part of any or all of such facilities.
The words "public utility" when used in this chapter has the same meaning as the words "system of sewerage."
NOTES:
Finding—Purpose—1997 c 447: See note following RCW
70.05.074.
Authority to construct system and fix rates and charges—Classification of services and facilities—Assistance for low-income persons. (Effective until January 1, 2022.)
(1) Every city and town may construct, condemn and purchase, acquire, add to, maintain, conduct, and operate systems of sewerage and systems and plants for refuse collection and disposal together with additions, extensions, and betterments thereto, within and without its limits. Every city and town has full jurisdiction and authority to manage, regulate, and control them and, except as provided in subsection (3) of this section, to fix, alter, regulate, and control the rates and charges for their use.
(2) Subject to subsection (3) of this section, the rates charged under this section must be uniform for the same class of customers or service and facilities furnished. In classifying customers served or service and facilities furnished by such system of sewerage, the city or town legislative body may in its discretion consider any or all of the following factors:
(a) The difference in cost of service and facilities to the various customers;
(b) The location of the various customers within and without the city or town;
(c) The difference in cost of maintenance, operation, repair, and replacement of the various parts of the system;
(d) The different character of the service and facilities furnished various customers;
(e) The quantity and quality of the sewage delivered and the time of its delivery;
(f) The achievement of water conservation goals and the discouragement of wasteful water use practices;
(g) Capital contributions made to the system, including but not limited to, assessments;
(h) The nonprofit public benefit status, as defined in RCW
24.03.490, of the land user; and
(i) Any other matters which present a reasonable difference as a ground for distinction.
(3) The rate a city or town may charge under this section for storm or surface water sewer systems or the portion of the rate allocable to the storm or surface water sewer system of combined sanitary sewage and storm or surface water sewer systems shall be reduced by a minimum of ten percent for any new or remodeled commercial building that utilizes a permissive rainwater harvesting system. Rainwater harvesting systems shall be properly sized to utilize the available roof surface of the building. The jurisdiction shall consider rate reductions in excess of ten percent dependent upon the amount of rainwater harvested.
(4) Rates or charges for on-site inspection and maintenance services may not be imposed under this chapter on the development, construction, or reconstruction of property.
(5) A city or town may provide assistance to aid low-income persons in connection with services provided under this chapter.
(6) Under this chapter, after July 1, 1998, any requirements for pumping the septic tank of an on-site sewage system should be based, among other things, on actual measurement of accumulation of sludge and scum by a trained inspector, trained owner's agent, or trained owner. Training must occur in a program approved by the state board of health or by a local health officer.
(7) Before adopting on-site inspection and maintenance utility services, or incorporating residences into an on-site inspection and maintenance or sewer utility under this chapter, notification must be provided, prior to the applicable public hearing, to all residences within the proposed service area that have on-site systems permitted by the local health officer. The notice must clearly state that the residence is within the proposed service area and must provide information on estimated rates or charges that may be imposed for the service.
(8) A city or town shall not provide on-site sewage system inspection, pumping services, or other maintenance or repair services under this section using city or town employees unless the on-site system is connected by a publicly owned collection system to the city or town's sewerage system, and the on-site system represents the first step in the sewage disposal process. Nothing in this section shall affect the authority of state or local health officers to carry out their responsibilities under any other applicable law.
NOTES:
Finding—Purpose—1997 c 447: See note following RCW
70.05.074.
Purposes—1991 c 347: See note following RCW
90.42.005.
Authority to construct system and fix rates and charges—Classification of services and facilities—Assistance for low-income persons. (Effective January 1, 2022.)
(1) Every city and town may construct, condemn and purchase, acquire, add to, maintain, conduct, and operate systems of sewerage and systems and plants for refuse collection and disposal together with additions, extensions, and betterments thereto, within and without its limits. Every city and town has full jurisdiction and authority to manage, regulate, and control them and, except as provided in subsection (3) of this section, to fix, alter, regulate, and control the rates and charges for their use.
(2) Subject to subsection (3) of this section, the rates charged under this section must be uniform for the same class of customers or service and facilities furnished. In classifying customers served or service and facilities furnished by such system of sewerage, the city or town legislative body may in its discretion consider any or all of the following factors:
(a) The difference in cost of service and facilities to the various customers;
(b) The location of the various customers within and without the city or town;
(c) The difference in cost of maintenance, operation, repair, and replacement of the various parts of the system;
(d) The different character of the service and facilities furnished various customers;
(e) The quantity and quality of the sewage delivered and the time of its delivery;
(f) The achievement of water conservation goals and the discouragement of wasteful water use practices;
(g) Capital contributions made to the system, including but not limited to, assessments;
(h) The public benefit nonprofit corporation status, as defined in RCW
24.03A.245, of the land user; and
(i) Any other matters which present a reasonable difference as a ground for distinction.
(3) The rate a city or town may charge under this section for storm or surface water sewer systems or the portion of the rate allocable to the storm or surface water sewer system of combined sanitary sewage and storm or surface water sewer systems shall be reduced by a minimum of ten percent for any new or remodeled commercial building that utilizes a permissive rainwater harvesting system. Rainwater harvesting systems shall be properly sized to utilize the available roof surface of the building. The jurisdiction shall consider rate reductions in excess of ten percent dependent upon the amount of rainwater harvested.
(4) Rates or charges for on-site inspection and maintenance services may not be imposed under this chapter on the development, construction, or reconstruction of property.
(5) A city or town may provide assistance to aid low-income persons in connection with services provided under this chapter.
(6) Under this chapter, after July 1, 1998, any requirements for pumping the septic tank of an on-site sewage system should be based, among other things, on actual measurement of accumulation of sludge and scum by a trained inspector, trained owner's agent, or trained owner. Training must occur in a program approved by the state board of health or by a local health officer.
(7) Before adopting on-site inspection and maintenance utility services, or incorporating residences into an on-site inspection and maintenance or sewer utility under this chapter, notification must be provided, prior to the applicable public hearing, to all residences within the proposed service area that have on-site systems permitted by the local health officer. The notice must clearly state that the residence is within the proposed service area and must provide information on estimated rates or charges that may be imposed for the service.
(8) A city or town shall not provide on-site sewage system inspection, pumping services, or other maintenance or repair services under this section using city or town employees unless the on-site system is connected by a publicly owned collection system to the city or town's sewerage system, and the on-site system represents the first step in the sewage disposal process. Nothing in this section shall affect the authority of state or local health officers to carry out their responsibilities under any other applicable law.
NOTES:
Effective date—2021 c 176: See note following RCW
24.03A.005.
Finding—Purpose—1997 c 447: See note following RCW
70.05.074.
Purposes—1991 c 347: See note following RCW
90.42.005.
Revenues from system—Classification of services—Minimum rates—Compulsory use. (Effective until January 1, 2022.)
The legislative body of such city or town may provide by ordinance for revenues by fixing rates and charges for the furnishing of service to those served by its system of sewerage or system for refuse collection and disposal, which rates and charges shall be uniform for the same class of customer or service. In classifying customers served or service furnished by such system of sewerage, the city or town legislative body may in its discretion consider any or all of the following factors: (1) The difference in cost of service to the various customers; (2) the location of the various customers within and without the city or town; (3) the difference in cost of maintenance, operation, repair, and replacement of the various parts of the system; (4) the different character of the service furnished various customers; (5) the quantity and quality of the sewage delivered and the time of its delivery; (6) capital contributions made to the system, including but not limited to, assessments; (7) the nonprofit public benefit status, as defined in RCW
24.03.490, of the land user; and (8) any other matters which present a reasonable difference as a ground for distinction.
If special indebtedness bonds or warrants are issued against the revenues, the legislative body shall by ordinance fix charges at rates which will be sufficient to take care of the costs of maintenance and operation, bond and warrant principal and interest, sinking fund requirements, and all other expenses necessary for efficient and proper operation of the system.
All property owners within the area served by such sewerage system shall be compelled to connect their private drains and sewers with such city or town system, under such penalty as the legislative body of such city or town may by ordinance direct. Such penalty may in the discretion of such legislative body be an amount equal to the charge that would be made for sewer service if the property was connected to such system. All penalties collected shall be considered revenue of the system.
Revenues from system—Classification of services—Minimum rates—Compulsory use. (Effective January 1, 2022.)
(1) The legislative body of such city or town may provide by ordinance for revenues by fixing rates and charges for the furnishing of service to those served by its system of sewerage or system for refuse collection and disposal, which rates and charges shall be uniform for the same class of customer or service. In classifying customers served or service furnished by such system of sewerage, the city or town legislative body may in its discretion consider any or all of the following factors: (a) The difference in cost of service to the various customers; (b) the location of the various customers within and without the city or town; (c) the difference in cost of maintenance, operation, repair, and replacement of the various parts of the system; (d) the different character of the service furnished various customers; (e) the quantity and quality of the sewage delivered and the time of its delivery; (f) capital contributions made to the system, including but not limited to, assessments; (g) the public benefit nonprofit corporation status, as defined in RCW
24.03A.245, of the land user; and (h) any other matters which present a reasonable difference as a ground for distinction.
(2) If special indebtedness bonds or warrants are issued against the revenues, the legislative body shall by ordinance fix charges at rates which will be sufficient to take care of the costs of maintenance and operation, bond and warrant principal and interest, sinking fund requirements, and all other expenses necessary for efficient and proper operation of the system.
(3) All property owners within the area served by such sewerage system shall be compelled to connect their private drains and sewers with such city or town system, under such penalty as the legislative body of such city or town may by ordinance direct. Such penalty may in the discretion of such legislative body be an amount equal to the charge that would be made for sewer service if the property was connected to such system. All penalties collected shall be considered revenue of the system.
NOTES:
Effective date—2021 c 176: See note following RCW
24.03A.005.