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12.04.030 Exceptions to connection requirement--No sewer line or lateral shown in city's recent sewer comprehensive plan.

12.04.035 Exceptions to connection requirement--Sewer connection moratorium.

A. All new structures and uses required by law to have toilet facilities or water closets shall be connected to the city's sewerage system, as long as the new structure or use is located on a parcel of property that is within two hundred feet of a sewer line or lateral.

B. All existing development and structures required by law to have toilet facilities or water closets shall be connected to the city's sewerage system, as long as the new structure or use is located on a parcel of property that is within two hundred feet of a sewer line or lateral.

C. All buildings or areas for public use, including, but not limited to, schools, hospitals, apartments, hotels, cabin or auto courts, motels and trailer courts, shall be connected to the city's sewerage system, as long as the building or area for public use is located on a parcel of property that is within five hundred feet of a sewer line or lateral.

D. In those areas annexed to the city, all existing occupied buildings or structures required by law to have toilet facilities or water closets shall have six years after the effective date of the annexation to connect to the city's sewerage systems, as long as the existing occupied buildings or structures are within the proximity to a sewer line or lateral described in subsections B and C herein, for the particular type of structure or use.

The deadline for property owners to connect to the city's sewerage system shall be as follows:

A. New Structures or Uses. For all new structures or uses identified in KMC Section 12.04.010(A) above, the structure or use shall be connected to the city's sewerage system on or before the date the city issues a certificate of occupancy for the structure or use.

B. Existing Structures or Uses. For all existing structure or uses identified in KMC Section 12.04.010(B), (C) or (D), the structure or use shall be connected to the city's sewerage system within sixty days after the city issues a written notice to the property owner, informing the property owner of the requirement to connect. Until the city issues such written notice to the property owner, the property owner does not need to obtain a connection to the city's sewerage system.

(Ord. 1109 § 6, 2002: Ord. 912 § 1, 1995: Ord. 864 § 2, 1994: Ord. 440 § 2 (part), 1956).

A. All existing occupied buildings or structures required to have sanitation facilities annexed into the city subsequent to the passage of the ordinance codified in this section shall have six years from the date of completion of annexation to comply with the provisions hereof unless the existing sanitation system is creating a health hazard, as determined by the Kalama director of public works with the concurrence of the Cowlitz County health district in which event the building owner/property owner shall connect to the Kalama sewerage system within sixty days of being notified of such health hazard.

B. A request for exception to subsection A of this section may be submitted to the city clerk-treasurer for review by the director of public works and building official of the city.

1. Any request for exception shall included documentation verifying the age and condition of the on-site septic system.

1. Connection to the city sewage system would create an extreme financial hardship; and

2. The annexed property is served by an on-site system less than twenty years old.

D. 1. All systems approved for exception will require verification every five years to be in good condition by a licensed system designer. Said verification will be at the property owner's expense.

2. Systems approved for exception must be verified as in good condition at the time of sale or exchange of the property or at the time of any remodeling that would increase the size of the home or add bedrooms.

E. 1. Should an on-site system previously granted an exception under this section fail at anytime during the twenty-year period connection to the city sewer system will be mandatory.

2. After twenty years of service by an on-site system, connection to the city sewage system will be mandatory.

F. Industrial areas inside the city limits not within five hundred feet of a sewer line may submit an exception request and each will be considered on a case by case basis.

G. An exception will not be granted on any property included in short subdivision, subdivision, or small lot development applications.

12.04.030 Exceptions to connection requirement--No sewer line or lateral shown in city's recent sewer comprehensive plan.

A. The public works director may approve an exception to the connection requirements of KMC Sections 12.04.010 and 12.04.020 above to address the on-site sewer needs of individual lots if all of the following limited circumstances exist:

1. The subject lot is not located in an area planned to be served by the city's sewer system, as shown in the most current versions of the city's six year capital improvement plan and sewer comprehensive plan; and

2. The alternative system proposed by the property owner will serve no more than one dwelling unit on the lot meeting the criteria of this subsection; and

3. The property owner agrees to record a notice against the lot, in a form approved by the city attorney, providing notice to all subsequent purchasers that the city's approval of an alternative system under these procedures will not affect the city's ability to enforce KMC Section 12.04.010 or 12.04.020 (or any subsequent amendment to the same) to require a connection to the city's sewerage system at any time in the future.

B. Alternative Systems. An application for an exception shall be submitted by the property owner, which shall include an inspection fee and information regarding all of the following factors:

1. Whether the alternative system involves connection to the city's sewerage system (the exception process shall not be used to obtain a connection to the city's sewerage system while a moratorium on sewer connections is in effect);

2. Whether the property owner has obtained all necessary approvals and permits from agencies with jurisdiction for the alternative system;

C. Appeals. The public works director's decision to grant to deny an exception shall be appealable within fifteen days of issuance, under the procedures set forth in KMC Sections 12.20.070 and 12.20.080.

12.04.035 Exceptions to connection requirements--Sewer connection moratorium.

From time to time, the city may adopt moratoria on additional connections to the sewer system. If the city has adopted an ordinance imposing a moratorium on additional connections to the sewerage system, and a property owner seeking to obtain the necessary permits to develop the property is prohibited from obtaining a sewer connection because of the moratorium, the public works director may consider an exception under KMC Section 12.04.030 under this section. The public work director shall substitute the existence of a sewer moratorium for the criterion in KMC Section 12.04.030(A)(1), but in order to approve the exception, the director must still find that all of the other criteria in KMC Section 12.04.030(A) exist.

If any such connection is not made within the time herein provided, the director of public works or such other employee of the city as the council may hereafter designate is authorized and directed to cause the same to be made and to file a statement of the cost thereof with the city clerk-treasurer, which cost shall in no event be less than one hundred dollars, and thereupon a warrant shall be issued under the direction of the city council by the city clerk-treasurer and against the water and sewer revenue fund created by Ordinance 433 for the payment of such cost. Such amount, together with a penalty of ten percentplus interest at the rate of six percent per year upon the total amount of such cost and penalty shall be assessed against the property upon which the said building or structure is situated, and shall become a lien thereon as herein provided. Such total amount, when collected, shall be paid into the water and sewer revenue fund.

No connection with any sewer line or lateral or other part of the sewerage system of the city shall be made by any person or persons, firm, association or corporation except those regularly licensed to perform that class of work or those approved by the director of public works, and such connection shall then only be made on the condition that the person or persons, firm, association, or corporation, making such connection, will indemnify and hold harmless the city from all suits, claims, accidents and damages, occasioned by any opening in the streets, alleys or public places by him, them, or it, or any person or persons, in his, their, or its employ, for making any connection with any public or private sewer, or for any other purposes, or objects whatsoever, and that he, they, or it, will also replace such street, alley, or public place, over such opening to the satisfaction and approval of the engineer in charge of the sewerage department.

If the connection of any subdivision or development sewer laterals or mains to the city's sewage disposal system involves additions or alterations to the city's then existing system, or disposal plant, the cost of such additions or alterations shall be borne by the subdivider or developer; provided, however, if, in the sole discretion of the city council, such additions or alterations to the then existing city's system or wastewater treatment plant result in special benefit to property and/or users served by the then existing city's system, the council may provide for sharing the costs of such additions and/or alterations made to its then existing system with the subdivider or developer, on such basis and terms, and to such extent or degree as the council, in its sole discretion, shall determine.

The provisions of Sections 12.04.060 through 12.04.070 shall be fully applicable to connections to and/or additions or alterations to the city's water system.

A. Grease, oil and sand interceptors shall be provided by the owner of all hospitals, deep-fry and fast food restaurants and garages. Such interceptors shall also be provided in other business establishments when it becomes apparent, due to any damage or obstruction of the sewer system, that such interceptors are necessary for the proper handling of liquid wastes containing grease in excessive amounts, or any flammable wastes, sand and other harmful ingredients; except that such interceptors shall not be required for private living quarters of dwelling units. All interceptors shall be of a type and capacity approved by the supervisor of public works and building inspector, and shall be located as to be readily and easily accessible for cleaning and inspection. Grease, oil and sand interceptors shall be inspected by the city sewer department on a semiannual basis.

B. Grease and oil interceptors shall be constructed of impervious materials capable of withstanding abrupt and extreme changes in temperature. They shall be of substantial construction, watertight and equipped with easily removable covers which when bolted in place shall be gastight and watertight.

Where installed, all grease, oil and sand interceptors shall be maintained by the owner in continuously efficient operation at all times, at his/her sole expense.

The provisions of Sections 12.04.172 through 12.04.175 are subject to change and may be amended from time to time by ordinance or resolution of the Kalama city council. Property owners and contractors shall direct inquiries regarding current standards to the director of public works.

12.08.011 Monthly rates and charges for sanitary sewer collection and treatment service.

12.08.013 Summer sewer rate--Not available to commercial or industrial users.

12.08.011 Monthly rates and charges for sanitary sewer collection and treatment service.

A. The monthly rates and charges for sanitary sewer collections and treatment services shall be based on the customer classification, size of water meter, number of units served at a location and the consumption rate per one hundred cubic feet of water provided for each respective location to all users within the city limits are fixed as follows:

Customer Class/ Meter		Base Meter Charge	Per 100 Cubic Foot Rate
Residential--All meter sizes		$35.00	$5.00
Multi-residential	3/4"	30.00	5.00
Multi-unit (charged per unit)	1"	30.00	5.00
	1 1/2"	30.00	5.00
	2"	30.00	5.00
	3"	30.00	5.00
	4"	30.00	5.00
Commercial schools	3/4"	41.00	5.00
	1"	50.00	5.00
	1 1/2"	115.00	5.00
	2"	170.00	5.00
	3"	315.00	5.00
	4"	475.00	5.00
Industrial schools	3/4"	41.00	5.00
	1"	50.00	5.00
	1 1/2"	115.00	5.00
	2"	170.00	5.00
	3"	315.00	5.00
	4"	475.00	5.00
	6"	805.00	5.00
	10"	1,400.00	5.00

B. All charges for sewer services provided to residential, multifamily residential, commercial, and industrial customers outside the Kalama city limits shall be set at the same rate as sewer services within the Kalama city limits.

C. The base meter fee for water service provided to all manufactured home parks or housing developments with multifamily units serviced through a master meter shall be computed at single or multi-unit dwellings rates set in this section with the meter fee computed as if each individual unit were metered separately. Any location with multiple units shall be computed at the rate set in this section multiplied by the number of units served. A unit is described as each separate living, business, rental unit or other type of building space or premises served with water and sewer facilities; provided, however, in the case of a school, a unit shall constitute each separate building with sewer and water facilities.

A. A summer sewer rate is established for domestic sewer users for the months between the May meter reading and the September meter reading for customers inside the city limits and between the June meter reading and the October meter reading for customers outside the city limits as follows:

B. There shall be no charge for any usage in excess of ten percent of the average of the previous eight months' metered usage if the previous six months' average is representative of normal usage. If the six months' metered average is not representative of normal usage for the customer, the city clerk is authorized to calculate a representative usage using the customer's past billing history or the records of other representative customers.

12.08.013 Summer sewer rate--Not available to commercial or industrial users.

The above summer sewer rate established in Section 12.08.012 shall not be available to any commercial or industrial user of sewers.

A. In addition to the foregoing rates and charges, beginning on September 1, 2006 the city shall charge the sum of seven thousand dollars, plus the city's cost of labor and material from existing main line to property line, for each connection made within or outside the city limits to the city's sanitary sewage system. The connection charge shall be paid concurrent with city building permit fees for new connections inside the city limits and prior to connecting to the city system with proof of a county building permit for new connections outside the city limits.

B. The cost of all labor and material actually expended by the city in making such connections becomes due and payable at the time the connection is completed and, in any event, shall be paid in full before any occupancy certificate is issued.

(Ord. 1182 § 1, 2006: Ord. 1153 § 1, 2005: Ord. 1090 § 10, 2002: Res. 356 §§ 1, 2, 1997; Ord. 316 §§ 1, 2, 1994; Res. 183 (part), 1980: Res. 148, 1977; Ord. 551 § 2, 1973: Ord. 465 § 6, 1962: Ord. 440 § 9, 1956).

A. In addition to the regular hook-up charges as specified in Section 12.08.030, the connection for a multi-dwelling facility such as an apartment or condominium, shall require an additional one thousand two hundred dollars for the second and each additional permanent dwelling unit within the city limits, and one thousand eight hundred dollars for second and each additional permanent dwelling unit outside of the city limits.

B. The connection charge to multiple-dwelling facilities such as hotels, motels and recreational vehicle parks shall include an additional one hundred dollars for the second and each transient dwelling unit or space within the city limits and one hundred fifty dollars for the second and each additional transient dwelling unit or space outside the city limits.

C. These connection charges shall apply to all users regardless of their residential, commercial or industrial status. The city shall be the final authority as to the permanent or transient status of the dwelling unit in all new connections to multiple-dwelling units.

D. In addition to the regular hook-up charges as specified in Section 12.08.030, the connection charges for mobile home parks and manufactured home parks shall require an additional four hundred dollar hook-up fee for the second and each additional permanent dwelling unit within such park, provided the same is located within the city limits, and six hundred dollars for the second and each additional permanent dwelling unit within such park if the same be located outside of the city limits.

(Ord. 893 § 2, 1995; Ord. 660 § 1, 1981; Res. 183 (part), 1980: Res. 142, 1977).

The rates and charges in this chapter provided may hereafter be modified or amended by the city council by resolution duly enacted and approved at any regular meeting called for that purpose.

"Defective side sewer" means a side sewer that has stormwater and ground water inflow and/or infiltration from any source including downspouts, sump pumps or broken pipes, or groundwater.

"Property owner" means the owner or owners of the parcel of land as reflected in the Cowlitz County assessor's office.

"Routine maintenance" means the operational maintenance of a side sewer, including, but not limited to, the cleaning or rodding to clear grease or other internal objects or substances that have been discharged or allowed to accumulate in the side sewer that may interfere with the operation of the side sewer.

"Side sewer" means the privately owned and maintained sanitary sewer line from the residence or the building to the public street, public sewer right-of-way or public sewer easement.

"View port" means a "T" pipe placed in the sanitary sewer line at the junction between the owner's property and the public sewer right-of-way to allow observation of the inside of the sewer line from ground level or some means to inspect flow directly from the side sewer.

No person shall discharge or cause to be discharged any stormwater, surface water, ground water, roof runoff, drains, catch basins, area drainage or subsurface drainage directly into the city sanitary sewer system.

The routine maintenance of the side sewer from the owner's structure to the public street, public sewer right-of-way, or public sewer easement including the connection to the public sewer, shall be the sole responsibility of the property owner.

A. All costs and expenses incident to the installation, connection, operation and routine maintenance of the entire side sewer shall be borne by the property owner. All costs and expenses incident to the repair and rehabilitative maintenance or replacement of that portion of the side sewer from the building drain to the public street, public sewer right-of-way or public sewer easement shall be borne by the owner of the premises served by the side sewer.

B. All costs and expenses incident to the construction, repair, routine maintenance and rehabilitative maintenance and replacement of the portion of the side sewer from the property line or right-of-way to the sewer main shall be borne by the city.

A. The city has determined that the inflow and infiltration of stormwater and ground water into the city sanitary sewer lines poses a capacity burden, and possible financial consequences to remediate the existing sewer collection and treatment systems. Unless remedial measures are systematically instituted the infiltration of stormwater may compromise the effectiveness of the city's sanitary sewer disposal and treatment facilities.

B. In addition to all remedies available under this chapter, beginning on December 15, 1999, all owners whose property has an identified defective side sewer shall, after a sixty day notice to correct, be fined an amount of five hundred dollars, if the side sewer defect is not corrected within the sixty days. The fine shall renew every thirty days if the side sewer is not corrected thereafter. A defective side sewer shall be determined by the city by means of either smoke testing, dye testing or other inspection measures. If the owner's property passes the smoke or dye test, the city shall bear the cost of the test. If the property fails the smoke or dye test, the property owner shall bear the cost of the test.

C. To facilitate on-going inspection of side sewers by city officials, property owners are encouraged to install a view port on the sewer line. To off-set the cost of installing view ports to allow on-going inspection of side sewers by the city, the city shall reimburse the property owner the actual cost of installing view ports by reducing the property owner's sewer rate by twenty dollars per month for up to six months following the installation of a view port approved by the director of public works or his designee. Bills for parts and material must be provided to the city of Kalama public works department.

If the property owner qualifies for public assistance or the senior citizen water and sewer discount, the city may make a zero percent loan to him or her to replace or repair the side sewer and install a view port in an amount equal to the actual costs less one hundred twenty dollars. If any loan is made pursuant to this section, the city is authorized to place a lien upon the property and to add a fee of ten dollars/month to the property owner's sewer statement to repay the loan until the loan is repaid. The costs of the lien shall be added to the loan.

A. The director of public works may grant a variance to the requirements of this chapter if the repair of a defective side sewer is unduly difficult due to terrain, existing improvements, lack of easements or other extraordinary property condition. Lack of funds shall not form the basis of a variance.

B. Any person aggrieved by the decision of the director of public works may appeal to the city council at its next regular meeting.

All fees and fines assessed by this chapter shall be paid by the property owner and shall not be assessed against a tenant of rental property.

If any person discharges stormwater, surface water, ground water, roof runoff, drains, catch basins, area drainage or subsurface drainage directly into the city sanitary sewer contrary to the provisions of this title, or any order of the city, the city attorney is authorized to commence an action for legal and/or equitable relief. In addition to any remedies provided by the court, the city may correct the discharge problem and may place a lien upon the property for the cost of repairs performed by the city. The costs of the lien shall be added to the amount owed by the property owner.

12.12.025 Availability charge for systems used exclusively for fire protection.

A. The monthly rates and charges for water furnished inside the city limits to all users are fixed as follows:

Customer Class/Meter		Base Meter Charge	Per 100 Cubic Foot Charge
Residential--All meter sizes		$9.50	$1.70
Multifamily	3/4"	15.00	1.70
Residential	1"	25.00	1.70
	1 1/2"	48.00	1.70
	2"	80.00	1.70
	3"	161.00	1.70
	4"	218.00	1.70
Commercial/schools	3/4"	11.50	1.70
	1"	14.50	1.70
	1 1/2"	68.00	1.70
	2"	115.00	1.70
	3"	175.00	1.70
	4"	235.00	1.70
	6"	345.00	1.70
	10"	700.00	1.70
Industrial	3/4"	11.50	1.70
	1"	14.50	1.70
	1 1/2"	68.00	1.70
	2"	115.00	1.70
	3"	175.00	1.70
	4"	235.00	1.70
	6"	345.00	1.70
	10"	700.00	1.70

B. All industrial users inside the city limits shall pay one dollar and forty-five cents per one hundred cubic feet of usage over fifty thousand cubic feet per month up to three hundred fifty thousand cubic feet.

C. Qualifying users inside the city limits shall pay one dollar and forty cents per one hundred cubic feet for all usage over three hundred fifty thousand cubic feet per month up to two million cubic feet per month. No user shall be entitled to use more than two million cubic feet per month, unless such capacity exists and is readily available in the water system. A qualifying user is defined as a customer who has negotiated and paid an agreed upon financial contribution with the city based upon its maximum usage capacity, for capital improvements to the water system, treatment costs or future maintenance costs.

D. All charges for water services provided to residential and multifamily residential customers outside the Kalama city limits shall be set at a rate of one hundred eighty-five percent of the charges for water services within the Kalama city limits. All charges for water services provided to commercial and industrial customers outside the Kalama city limits shall be set at a rate of one hundred fifty percent of the charges for water services within the Kalama city limits.

E. Any existing structure having mixed uses and serviced by only one meter shall be classified and charged at the higher applicable meter fee. Any new structures shall be required to meter each classification of usage separately.

F. The base meter fee for water service provided to all manufactured home parks or housing development with multifamily units serviced through a master meter shall be computed on the single or multifamily dwellings with the meter fee computed as if each individual unit were metered separately.

G. The use of fire hydrants and standpipes connected to the city water system for other than fire prevention purposes shall be by special permit obtained from the department of public works. Any individual, firm, company, contractor, corporation, or other entity, withdrawing water from city water hydrants and standpipes, prior to first withdrawing such water, shall obtain a permit therefor from the city clerk-treasurer at the cost as set by resolution of the city council which shall allow the permittee to withdraw up to five thousand gallons of water under such permit at no additional charge. Additional water may be withdrawn under such permit for the payment of all such additional water at the rate as set by resolution of the city council. All applicants for such permit shall receive written instructions on fire hydrant use and shall be required, as part of the permit process, to agree to comply with such instructions or be held accountable therefor for any damage to city property.

(Ord. 1207 § 1, 2007; Ord. 1206 § 1, 2007: Ord. 1169 § 1, 2005; Ord. 1156 § 1, 2005; Ord. 1136 § 2[3], 2004).

A. In addition to the rates and charges in Section 12.12.010, the city shall charge, for each new connection made to the water system, the following connection charges, plus the cost of all labor and material actually expended by the city in making such connection:

Meter Size as determined by adopted Plumbing Code KMC Ch. 14.04	Meter Capacity Factor	Inside City Limits	Outside City Limits	Outside Port/ Industrial
5/8 × ¾ inch	1.0	$2,500.00	$6,200.00	$1,000.00
1 inch	1.4	3,500.00	8,680.00	1,400.00
1½ inch	1.8	4,500.00	11,160.00	1,800.00
2 inch	2.9	7,250.00	17,980.00	2,900.00

Connection charges for meters larger than a two-inch meter shall be negotiated on a case by case basis using all applicable water usage information and requirements related to the type of use being proposed. If no information regarding the type of usage or water usage estimate for a new service is available, the connection fee shall be based upon the base connection fee above multiplied by the applicable meter capacity factor for the size meter required per the city's adopted Plumbing Codes in KMC Chapter 14.04.

These connection charges shall be paid concurrent with the city building permit fees for new connections inside the city limits. Prior to accepting payment of the connection fee and the placement of any service proof of a county building permit is required for new connections outside the city limits. Service to vacant land for agricultural purposes shall be granted upon payment of the connection charge, provided that should the land be developed in the future for purposes other than agricultural, the difference between the future connection charge and the connection charge paid at the time of service installation shall be paid to the city.

C. The connection charge for a multi-dwelling facility such as an apartment, multiplex or condominium, shall be calculated as follows:

Numbers of units multiplied by the 5/8 × " inch meter charge in subsection A of this section multiplied by seventy percent.

The connection charges for manufactured home parks shall be seventy percent of the 5/8 × " inch meter charge in subsection A of this section for each manufactured home placed within the park.

(Ord. 1128 § 1, 2004: Ord. 1090 §§ 11, 12, 2002; Ord. 892 § 1, 1995; Res. 311, 1994; Res. 303, 1993; Ord. 279 (part), 1991; Ord. 277, 1990; Res. 257, 1989; Res. 248, 1987; Ord. 713, 1985; Ord. 661 § 2, 1981; Res. 182, 1980: Ord. 595 § 3, 1977: Res. 130 (part), 1974: Ord. 551 § 5, 1973: Ord. 464 § 5, 1962: Ord. 440 § 8, 1956).

12.12.025 Availability charge for systems used exclusively for fire protection.

In lieu of the minimum monthly charges elsewhere provided in this chapter, there is established a monthly availability charge of twenty-five dollars per month for all fire sprinkler systems or other water systems used solely and exclusively for fire protection purposes. All of such systems shall utilize only a detector-type water meter. Any water actually utilized, as metered by said meter, shall be paid for at the applicable rates provided in this chapter according to the classification of the user involved multiplied by ten, and said charges shall be in addition to the minimum monthly availability charge herein provided.

The city has water lines providing domestic water service to various locations outside the city limits, and it is the policy of the city to allow only as many hookups to said lines as can be provided with adequate water service, and thus prevent overloading of said lines. Water meter connections have been installed on property which is vacant, unoccupied or unimproved, and by reason thereof, revenue needed by the city for the operation and maintenance of said water lines is not being received, thus frustrating the policy of the city to promote the fullest possible use of existing water distribution lines so as to provide said needed revenue.

Editors Note: Ord. No. 1216, § 1, adopted Apr. 2, 2008, repealed § 12.12.040. Former § 12.12.040 pertained to minimum monthly service charge--established and derived from Ord. No. 488, § 2, adopted 1965.

Editors Note: Ord. No. 1216, § 2, adopted Apr. 2, 2008, repealed § 12.12.050. Former § 12.12.050 pertained to minimum monthly service charge--nonpayment--removal of meter and derived from Ord. No. 488, § 3, adopted 1965.

The rates and charges in this chapter provided may hereafter be modified or amended by the city council by resolution duly enacted and approved at any regular meeting of the city council or at any special meeting called for that purpose.

The city council of the city of Kalama, Washington, deems it appropriate that customers not absorb the entire cost of an increased water bill when there is a leak in the customers private plumbing system after the water meter. Therefore, the city council adopts a leak adjustment policy as follows:

A. If a customer brings a probable leak to the attention of the Kalama public works department within ten days of discovering the leak, within ten days of notification by a city employee, or within twenty days of receiving a bill which they seek to challenge, and if within ten days of discovery the leak is fixed and such fix is confirmed by the director of public works or designate, the customer shall be entitled to an adjustment on the challenged water bill from the clerk-treasurer calculated as follows:

a. The amount charged for water on the customer's previous six representative water bills, comprising an approximate one-year period, shall be averaged to determine the average water charge. If there does not exist six previous billings to determine the average water charge, the average water charge shall be calculated based on the following usage:

b. To calculate the average for the customers with seasonal usage (those accounts that have months of little or no usage or have significantly higher bills during a portion of the year) an average will be taken from the previous six years of bills covering the same billing period as that in which the leak occurred. In the case of empty rental units, an active period of six representative consecutive bills will be used to compute the average.

c. In the case of a verifiable empty residence/business/building that would have otherwise had no usage except for the leak, the amount of the leak will be divided between the city and the property owner.

d. The difference between the water charge on the challenged bill and the average water charge shall be determined by subtracting the average water charge from the water charge on the challenged bill.

e. The customer shall be responsible for the average water charge plus one-half of the difference between the water charge on the challenged bill and the average water charge.

a. The amount charged for sewer on the customer's previous six representative bills, comprising an approximate one-year period, shall be averaged to determine the average sewer charge. If there does not exist six previous billings to determine the average sewer charge, the average sewer charge shall be calculated based on the following usage:

c. The difference between the sewer charge on the challenged bill and the average sewer charge shall be determined by subtracting the average sewer charge from the sewer charge on the challenged bill.

B. The customer may apply for a leak adjustment on only one bill in a twelve-month period for the same leak unless the customer provides satisfactory evidence of an attempt to fix the leak or the leak spanned two billing periods, e.g., the meter was read between the time the leak started and when it was fixed.

C. In order to avoid a late penalty while a leak adjustment is pending, the customer must make a payment by the twentieth of the month following billing. The amount of the payment must equal the amount of the last previous unchallenged bill.

5. Sprinkler system and water feature (fountains, ponds, etc.) leaks--adjustment for sewer only.

E. The public works department is authorized to shut off customer's water when the resident cannot be notified of a large leak which could damage his property or the city of Kalama public works department facilities or jeopardize water service to other customers. No charge will be made for this unrequested service.

F. Nonprofit organizations may appeal to the city council for adjustments of more than fifty percent of excess water usage, provided:

G. Customers may request consideration for additional adjustment or for exempt leaks to the city administration under extreme extenuating circumstances (i.e., death, serious illness, hospitalization, vandalism).

H. If the customer fails to repair the leak within ten days of discovery, ten days of notification by a city employee or twenty days after receipt of the challenged water bill, any adjustment must be approved by the city council. Any adjustment so approved must comply with the formula adopted by this chapter.

12.16.020 Property owner responsible for payment--Lien on property for delinquent accounts.

A. Except as hereinafter provided, all of the rates and charges for water and sanitary sewage disposal service set forth in this title and any and all charges which may be fixed hereafter for water and/or sewage disposal service shall continue to be billed on a bimonthly basis and shall be paid on or before the twentieth day of that month immediately following the months in which said water or sewage service was furnished, and if not so paid, shall become delinquent on said date and a penalty in an amount as established by resolution of the city council shall be added to the amount due for such delinquency; provided, however, all industrial users, restaurants, laundromats, and all governmental or quasi-governmental agencies, bodies, or associations shall continue to be billed on a monthly basis, and such charges shall be payable by the twentieth day of the month following the month in which such service is furnished, and if not so paid, shall be delinquent and a penalty in an amount as established by resolution of the city council shall be added to the amount due for such delinquency.

B. Commencing effective on the fifteenth day of February, 1978, all recreational vehicle parks shall be served through a master meter, and the owner and/or operator of such park shall be responsible for all charges. Such recreational vehicle parks shall be billed for water and sewer service on the same basis and rates as are or shall be fixed by ordinance or resolution for motels on or after the effective date of the resolution codified in this subsection.

(Ord. 1143 § 8, 2004; Res. 387 §§ 3, 4, 1999; Ord. 786 § 1, 1991; Res. 157, 1978; Ord. 576 § 1, 1976: Ord. 440 § 7, 1956).

12.16.020 Property owner responsible for payment--Lien on property for delinquent accounts.

All applications for water and/or sewage service, and for connections with the water or sewerage systems, for turning water off and on or removing or reinstalling water meters as hereinafter provided, shall be made by the owner or purchaser of the property to be served thereby, or their duly authorized agent, and such owners or purchasers shall be responsible for the payment of all such charges, together with the penalties and interest thereon as provided in this title, and all accounts for such service shall be billed directly to such owner or purchaser, or their duly authorized agent. All such charges, penalties and interest shall be a lien upon the property to which such water is delivered, sewerage service rendered, or such connection or connections made, superior to all other liens or encumbrances except those for general taxes and special assessments. Enforcement of such lien or liens shall be in the manner provided by law.

A. A water or sewer account is delinquent if it is not paid by the twentieth day of the month.

B. A delinquency notice shall be mailed to all past due accounts on or about the twenty-first day of the month. The delinquency notice shall state that water and sewer service may be discontinued fifteen days after the date of the delinquency notice.

C. At least twenty-four hours prior to discontinuance of water and sewer services for delinquency, a door hanger shall be left at the premises receiving water or sewer service, or, if unable to reasonably access premises, the notice shall be mailed to the customer. The door hanger shall state when water shall be turned off unless all delinquent amounts and charges are paid. An administrative charge as established by resolution of the city council shall be added to the account if the account has not been paid and a door hanger has been mailed to the customer or left at the premises receiving water or sewer service.

D. In all instances where water and sewer service has been discontinued because of delinquency, a disconnection fee as established by resolution of the city council shall be collected in addition to the delinquent amount.

E. The city clerk-treasurer or his/her agent shall, in the case of extreme hardship or by prior arrangement with the customer, have the discretion not to discontinue service to a delinquent account upon acceptance of a valid plan for the payment of all past-due charges.

F. If the customer disputes the amount due on the account, the customer shall have fifteen days from the date of the delinquency notice within which to file a written request to have the account reviewed by the clerk-treasurer or the clerk-treasurer's designee. The request shall state the reasons why the customer believes the amount to be in error.

1. Any customer seeking timely review of a water bill in writing shall be heard before discontinuance of water or sewer services. The decision of the clerk-treasurer or the clerk-treasurer's designee shall be final.

2. After hearing, if the clerk-treasurer or the city clerk-treasurer's designee finds in favor of the customer, any or all of the appropriate charges may be returned to the customer or credited to the customers account based upon the clerk-treasurer's or the clerk-treasurer's designee's findings. If the clerk-treasurer or the clerk-treasurer's designee finds that the customer owes the city any money, the customer shall pay the amount due within the time ordered by the clerk-treasurer or the clerk-treasurer's designee. If the amount is not paid, water and sewer service shall be discontinued.

(Ord. 1143 § 9, 2004; Ord. 1090 § 13, 2002; Res. 387 §§ 4--6, 1999; Ord. 912 § 8, 1995: Ord. 819 § 1, 1992: Ord. 551 § 7, 1973: Ord. 440 § 11, 1956).

The city clerk-treasurer shall collect all the rates and charges herein provided for and accruing from time to time, and all of such sums, when collected, shall be paid by the clerk-treasurer into the fund of the city known as "Kalama water and sewer revenue fund" created by Ordinance No. 433.

It is unlawful and a misdemeanor for any person, firm, association or corporation without authority from the director of public works of the city to use water from any hydrant or standpipe for any purpose except protection against or extinguishing fires, to open any manhole or interfere or tamper with in any way any manhole, flush tank or public sewer, or to break or violate any rules or regulations adopted by ordinance or resolution of the city council prohibiting the disposal of certain damaging substances through the city sewerage system.

Any person violating any provisions or failing to comply with any of the mandatory requirements of this section is guilty of a misdemeanor. Any person convicted of a misdemeanor under this section shall be punished by a fine of not more than one thousand dollars.

Each such person is guilty of a separate offense for each and every day during any portion of which any violation of this section is committed, continued or permitted by any such person, and he shall be punished accordingly.

(Ord. 1090 § 14, 2002: Ord. 912 § 9, 1995; Ord. 535 § 1, 1972; Ord. 440 § 13, 1956).

"Eligible persons" means residents who qualify as low income responsible for the direct payment of their water, sewer, and garbage bills to the city or those residents that qualify that are submetered tenants of a qualified manufactured home park.

"Low income" means an individual or family whose total income is at a level of fifty percent or less of the median family income.

"Median family income" means an annual median income for Cowlitz County as provided by the Department of Housing and Urban Development.

"Qualified manufactured home park" means a manufactured home park billed by the city that submeters and bills all individual units/tenants based upon the city's actual utility charges, and have entered into an agreement with the city to allow and pass through the discounts directly to the applicable customers.

To qualify for a low-income utility rate, an applicant must satisfy all of the following:

A. Total income of the applicant including that of his or her spouse or co-tenant, does not exceed fifty percent of the median family income based upon the number of residents in the household;

B. The applicant is the owner or tenant of a residential dwelling responsible for payment of the utility bill including a submetered owner or tenant in a qualified manufactured home park;

C. An application is submitted to the city attesting to the above information and agreeing to repay the amount of any discount allowed if a violation is determined, plus a penalty of twenty percent in excess of the amount owing and agreeing to notify the city in the event of a change in any circumstances applicable to these criteria.

Eligible persons residing inside the city limits occupying residential dwellings shall be eligible for a reduction of five dollars and fifty cents for water and twelve dollars for sewer per month, provided they apply and are qualified as low income. For eligible persons residing outside the city limits, the discount will be calculated in the same manner as the water and sewer services are calculated.

A. The purpose of this chapter is to provide residential customers with information concerning the credit policies of the city of Kalama and to advise them of their rights and duties as a city customer.

B. The credit policies set forth in this chapter represent a good faith effort by the city in collecting bills for utility services and the interests of its customers in paying its bills. We believe that the credit policies of the city are as generous and liberal toward our customers as the policies of any other comparable business or utility.

C. The city bills residential customers every two months. Residential customers are afforded a reasonable time to pay their bills and the opportunity to make arrangements for payment if they are temporarily unable to pay their bill in full. Customers have an opportunity to contest any billing through an informal conference with the clerk-treasurer and the right to appeal to the mayor. At the same time, sound business practices and fairness to all require that the city make reasonable collection efforts, including disconnection of service for nonpayment. These policies and procedures are explained in more detail later in this chapter.

A. Unless a waiver is obtained from the Kalama city council, each premises served by the Kalama public water supply system shall be separately metered whether or not such premises are located on a separate legal lot. The director of the Kalama public works department shall approve all meters to be installed by any user. The director shall have the power both to require an existing owner, at the owner's expense, to employ a qualified repair person to repair a malfunctioning meter and to replace or repair meters which do not accurately measure all water usage of the customer in a manner satisfactory to the director of the public works department consistent with American Water Works Association standards.

B. No plumber or other person will be allowed to make connections with the city mains or to make alterations in any conduit pipe or other fixture connecting therewith or to connect pipes where they have been disconnected, or to turn off or turn on water at the meter, on any premises without permission from the department of public works.

C. Any person making unauthorized connections between the supply main and the meter will be guilty of a misdemeanor and upon conviction thereof shall be punished as for other misdemeanors as provided by law.

(Ord. 1093 § 1, 2002: Res. 387 § 7, 1999; Ord. 739 § 1, 1987: Res. 200 § 1, 1982).

A. Customers who are supplied by meters shall keep their premises adjacent to the meter free from all rubbish, material of any kind, structures, fences, or domestic animals which would prevent employees of the department of public works from accessing the meter.

B. The service pipe between the meter and point of customer usage must be kept in repair by the owner or occupant of the premises who will be responsible for all damages resulting from breaks therein.

C. No person supplied with water from the city mains will be entitled to use for any other purpose than those stated in his application, or to supply in any way any other persons or families.

D. It is unlawful for any person to interfere and/or tamper with, break, deface, or damage any water meter, gate valve, pipe, or other waterworks appliance, appurtenance or fixture or in any other manner interfere with the proper operation of any part of the water system of the city and anyone found violating any of these provisions, unless otherwise provided for, shall be guilty of a misdemeanor, and upon conviction thereof, shall be punished as for other misdemeanors as provided by law.

Generally speaking, the city does not require security deposits of new residential customers; instead, the city presumes all customers will pay their bills promptly. The city may, however, require a security deposit if the customer's credit rating, as maintained by the city, so dictates. Security deposits may be required under the following circumstances: bankruptcy, account assigned for collection, unpaid balance at previous address, and present credit history.

Residential customers are billed every two months. Commercial and industrial customers are billed monthly. Bills are mailed first-class to the mailing address provided by the customer, and a customer's failure to receive a bill does not release the customer from paying the bill when due. Bills become past due twenty days after the period for which water or sewer service was furnished. If a customer disputes the amount of a bill or wishes to make arrangements for payment, the customer has the right to an informal conference with the clerk-treasurer, who is the person responsible for billing and collections for water and sewer service.

All customers have the right to an informal conference with the clerk-treasurer. The clerk-treasurer shall have authority to make arrangements for deferred payments by the customer and to consult with the council to adjust any questions concerning billing. The conference may be in person at the city's office in Kalama or by telephone at 673-3265. The informal conference must be during regular business hours: eight thirty a.m. to five p.m., Monday through Friday. The customer may be represented by counsel and shall have a full opportunity to present his or her position. The clerk-treasurer shall advise the customer promptly of the reasons for the city's action on the customer's inquiry.

The clerk-treasurer will endeavor to permit arrangements for deferred payments by customers who are unable to pay the full amount of their current bill due to bona fide temporary financial difficulty. A number of factors will be considered in determining the deferred payment program available to the customer, including the size of the delinquent account, the time the bill has been unpaid, the customer's past credit history with the city and the customer's present financial situation. Arrangements for the deferred payment may not be available to customers who have not fully and satisfactorily complied with a previous arrangement or to customers who have been repetitive credit problems to the city.

A. Appeals of Bills. A customer who is not satisfied with the outcome of the informal conference has the right to appeal to the mayor. The customer must appeal within five working days of the informal conference. The notice of appeal must be submitted to the city clerk by mail, in person, e-mail or by fax on or before 5:00 p.m. on the last day of the appeal period. The written notice of appeal must set forth the reasons for the customer's appeal

B. Hearing. The hearing shall take place during regular business hours. The date and time of the hearing will be scheduled by the city clerk

D. Conduct of Hearing. The customer or customer's attorney shall make the initial presentation to the mayor of the evidence supporting the appeal. If the customer needs copies of the city's records in order to support the appeal, such records must be requested under the Public Disclosure Act prior to the hearing. The city has no obligation to provide records on the date of the hearing, or to provide records that are not subject to disclosure under the Public Disclosure Act. Both the customer and the mayor may question any witness.

E. Written Decision. Within fifteen days after the hearing, the mayor shall issue a written decision, which shall be sent to the customer by certified mail at the customer's address on the day the decision issues. The written decision shall include the reasons for the mayor's decision, any payment schedule, as well as the final disposition of the appeal.

F. Enforcement of Decision. If the customer is required by the mayor's decision to make payments to the city, the customer shall make such payments on the deadlines established in the decision. If the payments are not timely made, the city may disconnect service in accordance with the procedures set forth in Chapter 12.16 KMC, in addition to any other legal means available to the city to obtain reimbursement for utility service. The mayor's decision is the final decision of the city on billing disputes, and there are no further administrative appeals of this decision.

A. When decision may be appealed to the city council. If a decision in Title 12 KMC specifically allows an administrative appeal to the city council, the following procedure may be used.

B. Appeal. An aggrieved person or entity desiring to file an appeal must file an appeal statement, which shall include the following, at a minimum: (1) the appellant's name, address and phone number; (2) identification of the decision that is the subject of the appeal; (3) a statement of grounds for the appeal (why the appellant believes the decision was wrong) and the facts upon which the appeal is based; and (4) the specific relief sought. The city council may be an "aggrieved entity" under this section.

C. Time to File. An appeal must be filed within five (5) working days after the subject decision. Appeals shall be delivered to the city clerk by mail, personal delivery, or fax on the last day of the appeal period.

D. Hearing. The city's administrative record of the decision, together with the appeal statement shall be forwarded to the city council. Appellants may present additional written materials to the city council during the appeal or testimony. The city staff shall make a presentation including an identification of the decision, general background and issues in dispute. The council may accept materials or testimony from any member of the public.

E. Deliberations. After the public hearing is closed, the council shall deliberate on the appeal and vote. The council may affirm, modify or reverse the administrative decision subject to the appeal.

F. Final Decision. The city council shall ask that the city staff prepare the necessary written decision, which shall be presented to the city council at the council's next regularly scheduled council meeting.

A decision made by the city council pursuant to KMC Section 12.20.070 is the final decision of the city, and there is no further administrative appeal.

Service that has been disconnected for nonpayment of amounts due the city or violation of city service policies will not be restored until the situation resulting in the disconnection has been resolved to the satisfaction of the city. There will also be a reconnection charge of fifteen dollars.

The city shall not charge the monthly minimum rate to dwelling units or office space or business spaces if the same are vacant for other than a temporary period, provided there has been no consumption registered on the meter and the water meter has been shut off at the request of the owner or occupant. Minimum charge will not be less than a one month base fee.

The city shall not charge the monthly minimum water rate in those instances in which water meters have been installed for future use until such meters are actually put into use and water is being delivered. Once consumption is registered on the meter, the applicable water and sewer rates will be billed. However, if the city is notified and has documentation of a legal construction period, no sewer charges will be billed for the water used for landscaping purposes prior to an occupancy permit being issued.

The city shall bill the minimum monthly water charges to vacationing owners or occupants who have requested the city to temporarily cease service. If no consumption has registered on the meter, there shall be no additional charge added to the water bill for sewer. In order to suspend the base monthly fee, a customer may shut the water off at the meter and notify the city they have done so. Any consumption will result in a minimum charge of one month's base fee plus the usage.

The city, when requested to do so by the owner of vacant rental dwellings or business property, shall only bill the minimum water rate for said units, without any additional charges for sewer or garbage, provided there has been no consumption registered on the meter. In order to suspend the base monthly fee, an owner may shut the water off at the meter and notify the city they have done so. Any prorated bill will include a minimum of a full monthly base fee plus any usage upon notification of change in tenancy.

A. The city is authorized, pursuant to RCW 35A.80.010, to provide water and sewer 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 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. The city's extension of water service outside the city limits is limited to property contained within the city's adopted water service boundary.

C. The city's extension of sewer service outside the city limits is limited to property contained within the city's adopted sewer service boundary.

Any person owning property outside the city limits and desiring to have their property connected to the city's water supply system or sewer system shall make application at the office of the city clerk-treasurer on the appropriate form. Every such application shall be made by the owner of the property to be connected and supplied the service or by his/her authorized agent. The applicant must state fully the purposes for which the water and/or sewer service is required. Applicants must agree to conform to the city's rules and regulations concerning water and sewer service set forth in this title, as the same now exists or may be amended in the future. If the city receives such a water service application and subsequently issues a water availability certificate, such certificate shall expire within one year of the date of issuance, if the applicant does not pay the required fees and request an actual hookup or connection to the subject property within that time period.

Applicants for water and/or sewer service to property outside the city limits shall be charged rates for such service as set forth in KMC Chapters 12.08 (sewer service) and 12.12 (water service) as those codes now exist or may be hereafter amended. All other additional charges applicable to water and/or sewer service to property within the city limits in this title shall also be imposed where appropriate.

Every applicant for water and/or sewer service outside the city limits must sign an agreement with the city, which conditions the provision of the service on the following terms:

A. Agreement to Run with the Property. The agreement shall be recorded against the property in the Cowlitz County auditor's office, and shall constitute a covenant running with the land. All covenants and provisions of the agreement shall be binding on the owner and all other persons subsequently acquiring any right, title or interest in or to said property.

B. Warranty of Title. The agreement shall be executed by the owner of the property, who shall also warrant that he/she is authorized to enter into such agreement.

C. Costs of System Extension. The owner shall agree to pay all costs of design, engineering and construction of the service extension, which shall be accomplished to city standards and conform to plans approved by the city public works director. Costs of plan review and construction inspection shall also be paid by the owner.

D. Easements and Permits. The owner shall secure and obtain at the owner's sole cost and expense, all permits, easements, and licenses necessary to construct the extension.

E. Dedication of Capital Facilities. The owner shall agree to dedicate all capital facilities constructed as part of the water and/or sewer extension (such as water or sewer main lines, pump stations, etc.) at no cost to the city upon completion of construction, approval and acceptance by the city.

F. Connection Charges. The owner shall agree to pay the connection charges as set forth in KMC Chapters 12.04 (sewer) and/or 12.12 (water) as these sections now exist or may hereafter be amended. Such connection charges shall be calculated at the rate applicable at the time of actual connection.

G. Waiver of Right to Protest LID. If at the time of execution of the agreement, the city has plans to construct certain improvements that would specially benefit the owner's property, the agreement shall specifically describe the improvement. The owner shall agree to sign a petition for the formation of an LID or ULID for the specified improvements at the time one is circulated and to waive his/her right to protest formation of any such LID or ULID.

H. Agreement to Future Annexation. The owner of all property requesting water and/or sewer services inside the city's adopted urban services boundary shall agree to sign any petition leading to future annexation of said property to the city of Kalama. Industrial properties on the west side of I-5 belonging to the Port of Kalama shall be exempt from this requirement.

I. Development of Property to Conform to City Code--Exceptions. The owner shall agree to comply with all requirements of the city's comprehensive plan, zoning, fire codes and the city's public works development standards when developing or redeveloping property subject to the agreement. The city council may grant exceptions to the requirements contained in this subsection only under the following conditions:

1. The applicant must demonstrate that the proposed departure from the city's land use standards, zoning code, or public works development standards would result in a development which meets the intent of the applicable provisions of the comprehensive plan, zoning code or public works standards, based upon compliance with all of the following criteria:

a. That the site of the proposed use is adequate in size and shape to accommodate such use and all yards, spaces, walls, and fences, parking, loading, landscaping and other features necessary to insure compatibility with and not inconsistent with the underlying zoning district;

b. That the site for the proposed use relates to streets, adequate in width and pavement type to carry the quantity and kind of traffic generated by the proposed uses and that adequate public utilities are available to serve the proposal;

c. That the proposed use will have no significant adverse effect on existing uses or permitted uses;

d. That the establishment, maintenance and/or conducting of the uses for which the utility agreement is sought will not, under the circumstances of the particular case, be detrimental to the public welfare, injurious to the environment, nor shall the use be inconsistent with or injurious to the character of the neighborhood or contrary to its orderly development.

J. Termination for Noncompliance. In addition to all other remedies available to the city for the owner's noncompliance with the terms of the agreement, the city shall have the ability to disconnect the utility, and for that purpose may at any time enter the property.

Each proposed annexation will require council approval under RCW Chapter 35A.14. Nothing in this chapter shall be construed as committing the city to providing extraterritorial water or sewer service, the intent of this chapter merely being to state the terms and conditions under which such service would be provided if and when a decision is made to provide such service.

The city will conform to agreements it has previously entered into and will allow service connection to facilities constructed under such agreements without commitments to annexation, although each such applicant for such service will be asked to commit to annexation.

The city, in its discretion, may choose not to allow either sewer or water service unless the applicant first annexes to the city.

For the purpose of this chapter, certain words and terms shall be used, interpreted and defined as set forth in this section.

"Backflow" means the flow other than the intended direction of flow of any foreign liquids, gases or substances into the distribution system of the public drinking water system of Kalama.

"Backflow prevention device" means a device manufactured and intended to counteract backpressure or prevent backsiphonage into the public drinking water supply system as approved by the Washington State Department of Health for that purpose.

"Contamination" means the entry into, or the presence in, the public drinking water system of any substance or matter when present in drinking water above an acceptable level that may adversely affect the health of the consumer and/or the aesthetic qualities of the water consumed.

"Cross-connection" means any physical arrangement whereby public drinking water supply is connected, directly or indirectly, with any other water supply system, sewer, private well, drain, conduit, pool, storage, reservoir, plumbing fixture, or other device or vessel which contains or may contain contaminated water, sewage or other waste or liquids of unknown or unsafe quality which may be capable of imparting contamination to the public water supply system of Kalama as a result of backflow.

No water service connection to any premises shall be installed or continued in use and no water service shall be provided by Kalama unless Kalama's water supply is protected by backflow prevention devices as may be required by this chapter or the Washington Administrative Code Chapter 248-54 or any superseding code section. The installation or maintenance of a cross-connection which will endanger the water quality of the potable water supply of the city shall be unlawful and is prohibited. Any such cross-connection now existing or hereafter installed is declared to be a public nuisance and the same shall be abated.

The control or elimination of cross-connections shall be in accordance with Washington Administration Code Chapter 248-54 or any superseding code section and the policies, procedures and criteria for determining appropriate levels of water system protection shall be in accordance with the latest edition of appropriate manuals of standard practice pertaining to cross-connection control approved by the Secretary of the Washington Department of Health or his authorized agent. The Kalama public works director shall have the authority to establish requirements more stringent than state regulations if he deems that existing conditions so dictate.

Backflow prevention devices shall be installed where, in the judgment of the Kalama public works director, the nature and extent of the activities, or the materials stored on the premises receiving or to receive public water supply service, would present an immediate and dangerous hazard to health and/or be deleterious to the quality of the Kalama public drinking water system should a cross-connection occur.

Backflow prevention devices required by this chapter shall be installed at the meter, or at the property line of the premises when meters are not used, or at a location designated by the Kalama public water director. The device shall be located so as to be readily accessible for maintenance and testing and, furthermore, where no part of the device will be submerged. All such devices to be installed shall be a model approved by the Kalama public works director and shall be installed under his supervision and with his approval. Backflow prevention devices installed pursuant to this chapter shall be inspected and tested annually, or more often if necessary, by a licensed tester at the customer's expense.

Water service to any premises receiving its water from the Kalama public drinking water system shall be contingent upon compliance with all rules and regulations of the Washington State Department of Health and the city. Service shall be discontinued to any premises for failure to comply with the rules and regulations of the department or the city.

12.36.110 Request for service by nondomestic discharger--Environmental survey.

Unless the context specifically indicates otherwise, the meaning of terms used in this chapter shall be as follows:

"Act" means the Clean Water Act (33 U.S.C. 1251 et seq.), as now or as it may be amended.

"Applicable pretreatment standards for any specified pollutant" means the general discharge prohibitions, the city's specific limitations on discharge, the state standards, or the national categorical pretreatment standards (when effective), whichever standard is most appropriate in a given situation.

"BOD (biochemical oxygen demand)" means the quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory procedures in five days at twenty degrees Celsius (degrees C), expressed in milligrams per liter (mg/L).

"City" means the city of Kalama or its authorized deputy, agent or representative; "department of public works" means such department of the city of Kalama and includes its director and authorized representatives, and includes the term "director of public works" as used in this chapter.

"Discharger" means any person, individual, corporation, partnership, association or entity who discharges or causes to be discharged wastewater to the POTW.

1. Is required by state law to obtain a discharge permit from the Washington State Department of Ecology; or

2. Is subject to national pretreatment standards promulgated under Section 306(b) or (c) of the Clean Water Act (CWA); or

3. Has in its wastes any priority toxic pollutants listed in 40 Code of Federal Regulations (CFR) 403; or

4. Has in its wastes toxic pollutants as defined pursuant to Section 307 of the Act; or

5. Has a discharge flow of twenty-five thousand gallons or more per average workday; or

6. Has an average monthly discharge flow greater than five percent of the average monthly flow in the city's wastewater treatment system; or

7. Is determined by the city to have a significant impact, either singly or in combination with other contributing industries, on the wastewater treatment system, the quality of sludge, the system's effluent quality or air emissions generated by the system.

"Domestic discharger" means any single-family or multifamily residential customer, industrial customer or commercial business customer discharging domestic waste in connection with the residential, industrial or commercial premises.

"Domestic waste" means wastewater limited to kitchen wastes, human wastes and housekeeping cleaning materials, in volumes and/or concentrations normally discharged from each class of domestic users.

"Interference" means the inhibition or disruption of a POTW's sewer system, treatment process or operation which may contribute to a violation of any requirement of its NPDES permit.

"National categorical pretreatment standards" means national categorical pretreatment standards as adopted and hereafter amended by the U.S. Environmental Protection Agency (EPA) pursuant to the Act specifying quantities or concentrations of pollutants or pollutant properties which may be discharged or introduced into a publicly owned treatment works (POTW).

"Nondomestic discharger" means any discharger who discharges nondomestic wastewater into a POTW by means of pipes, conduits, pumping stations, force mains, drainway or any constructed devices and appliances appurtenant thereto.

"Nondomestic waste" means wastewater containing solid, liquid or gaseous waste resulting from: any industrial, manufacturing, trade, or business process or activity; or, from the development, recovery or processing of natural resources.

"NPDES" means the national pollutant discharge elimination system permit program as administered by the United States Environmental Protection Agency (EPA) or state of Washington.

"Other wastes" means decayed wood, sawdust, shavings, bark, lime, grain, refuse, ashes, garbage, offal, oil, tar, chemicals, and all other substances except wastewater.

"Permitted peak flow" means the maximum flow during a certain period as stated in a wastewater discharge agreement or DOE permit.

"Person" means any individual, firm, company, corporation, association, society, governmental agency, public district or group.

"pH" means the logarithm of the reciprocal of the mass of hydrogen ions in grams per liter of solution.

"Pollutant" means any substance discharged into a POTW or its collection system which, if discharged directly, would negatively alter the chemical, physical, biological or radiological integrity of the water of the state.

"POTW (publicly owned treatment works)" means any wastewater treatment works and the sewers and conveyance appurtenances discharging thereto, owned and operated by the city.

"Pretreatment" means the reduction of the amount of pollutants, the elimination of pollutants, or the alteration of the nature of pollutant properties in wastewater to a less harmful state prior to or in lieu of discharging or otherwise introducing such pollutants into a POTW.

"Public sewer" means a sewer constructed for conveyance of wastewater which is controlled by a public authority.

"Sewer" means any pipe, conduit, or other device used to collect and transport wastewater from the generating source.

"Slugload" means any pollutant, including oxygen demanding pollutants (BOD, etc.), released in a single extraordinary discharge episode of such volume or strength as to cause interference to the POTW; or flowrate exceeding the permitted peak flow.

"Storm sewer" means any pipe, conduit, ditch or other device which collects and carries storm and surface waters and drainage, but from which wastewater is excluded.

"Suspended solids" means solids that either float on the surface of, or are in suspension in water, sewage or other liquids, and which are removable by laboratory filtering.

"Toxic pollutants" means those substances listed in the federal priority pollutant list and any other pollutant or combination of pollutants listed as toxic in regulations promulgated by the Administrator of the Environmental Protection Agency under Section 307 of the Clean Water Act.

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

"Waste" means wastewater containing solid, liquid or gaseous waste including domestic and nondomestic wastes.

"Wastewater" means domestic waste, nondomestic waste or any other waste that is or may be discharged to the POTW.

"Wastewater discharge agreement" means a written set of conditions between the city and a nondomestic discharger who is not subject to a DOE wastewater discharge permit (see definition of DOE permittee). It shall set forth the terms and conditions of the city's acceptance of wastewater from such nondomestic discharger. The agreement shall be approved and signed by the mayor and a person(s) duly authorized by the discharger.

Nondomestic dischargers who meet any of the criteria stated in Section 12.36.010, "DOE permittee," shall not contribute or cause to be discharged directly or indirectly into the POTW any wastewater until a permit from DOE has first been obtained.

No discharger shall contribute or cause to be discharged, directly or indirectly, any of the following described substances into the POTW:

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

B. Solid or viscous substances which will or may cause obstruction to the flow in a sewer or other interference with the operation of the POTW, including but not limited to, any garbage or putrescible material that has not been properly comminuted to one-fourth inch or less in any direction;

C. Any wastewater having a pH less than 5.5 or higher than 9.0, or having any other corrosive property capable of causing damage or hazard to structures, equipment or personnel of the system;

D. Any wastewater having a fat waste, oil or grease (whether or not emulsified), hexane or ether-soluble matter content in excess of fifty mg/L; or any substance which may solidify or become discernable viscous at temperatures above zero degrees Celsius (thirty-two degrees Fahrenheit);

E. Any wastewater containing toxic pollutants in sufficient quantity, either singly or by interaction, to injure or interfere with any wastewater treatment process, constitute a hazard to humans or animals, or to exceed the limitation set forth in categorical pretreatment standards, or state or local standards;

F. Any noxious or malodorous liquids, gases or solids which either singly or by interaction are capable of creating a public nuisance or, hazard to life or are sufficient to prevent entry into the sewers for their maintenance and repair;

G. Any substance which may cause the POTW's effluent or treatment residues, sludges or scums, to be unsuitable for reclamation and reuse or to interfere with the reclamation process. In no case shall a substance be discharged to the POTW that will cause the POTW to be in noncompliance with sludge use or disposal criteria, guidelines or regulations developed under Section 405 of the Act; or with any criteria, guidelines or regulations affecting sludge use or disposal developed pursuant to the Solid Waste Disposal Act; or with the Clean Air Act, state, local or standards applicable to the sludge management method being used;

H. Any substance which will cause the POTW to violate its NPDES and/or other disposal system permits;

I. Any substance with objectionable color not removed in the treatment process, such as, but not limited to, dye wastes and vegetable tanning solutions;

J. Any wastewater having a temperature which will inhibit biological activity in the POTW treatment plant resulting in interference; but in no case wastewater with a temperature at the introduction into the POTW which exceeds forty degrees Celsius (one hundred four degrees Fahrenheit);

L. Any wastewater containing radioactive wastes or isotopes of such half-life or concentration as exceed limits established by the city in compliance with applicable state or federal regulation;

M. Persistent pesticides and/or pesticides regulated by the Federal Insecticide Fungicide Rodenticide Act (FIFRA), including, but not limited to:

A. Discharge of any one of the following substances shall only occur by dischargers who have either a written wastewater discharge agreement with the city or a discharge permit from DOE:

2. Any wastewater having a suspended solids content of more than three hundred mg/L.

B. By separate ordinance the city may establish rates for approved discharges at levels exceeding those levels stated in subsections (A)(1) and (2) of this section.

A. National categorical pretreatment standards shall be met by all dischargers of the regulated industrial and all other nondomestic discharger categories.

B. State Requirements. State requirements and limitations on discharges to the POTW shall be met by all dischargers which are subject to such standards in any instance in which they are more stringent than federal requirements and limitations, or those in this or any other applicable ordinance.

C. Right of Revision. The city reserves the right to amend this chapter to comply with state and federal regulations.

D. Dilution. No discharger shall increase the use of potable or process water in any way, nor mix separate waste streams for the purpose of diluting a discharge as a partial or complete substitute for adequate treatment to achieve compliance with the standards set forth in this chapter.

E. Supplemental Limitations. No discharger shall discharge nondomestic wastewater containing concentrations (and/or mass limitations) that exceed any of the following values unless prior written approval has been obtained from the department of public works:

Arsenic	As	0.1
Barium	Ba	5.5
Cadmium	Cd	0.3
Copper	Cu	0.5
Chromium	Cr	1.7
Cyanide	CN	0.2
Iron	Fe	10.0
Lead	Pb	0.4
Mercury	Hg	0.05
Nickel	Ni	0.5
Selenium	Se	0.1
Silver	Ag	0.1
Zinc	Zn	1.0
Phenols or cresols		0.6

The city may impose mass limitations on dischargers in cases where necessary to be consistent with national categorical pretreatment standards, or under circumstances where concentration limits are impractical to apply.

A. Each discharger not required to obtain a DOE wastewater discharge permit shall provide protection from accidental discharge of prohibited or regulated materials or substances established by this chapter. Where necessary, facilities to prevent accidental discharge of prohibited materials shall be provided and maintained at the discharger's own cost and expense. Detailed plans showing facilities to provide this protection shall be submitted to the city with the building permit application.

B. Dischargers shall immediately take action to correct the accidental discharge and verbally notify the city upon the occurrence of a slugload, or accidental discharge of substances prohibited by this chapter, and follow-up within five days with a written notification to the department of public works. The notifications shall include location of discharge, date and time thereof, type of waste, concentration and volume, and corrective actions. Any discharger who discharges a slugload of prohibited materials shall be liable for any expense, loss or damage to the POTW, in addition to any other liabilities established by this chapter or other city ordinances and the amount of any fines imposed on the city on account thereof under state or federal law.

C. Signs shall be permanently posted in conspicuous places on discharger's premises, advising employees whom to call in the event of a slugload or accidental discharge. Employers shall instruct all employees who may cause or discover such a discharge with respect to emergency notification procedures.

Dischargers who operate restaurants, cafes, lunch counters, cafeterias, bars or club; or hotel, sanitarium, factory or school kitchens; or other establishments that serve or prepare food where grease may be introduced to the sewer system shall have pretreatment facilities to prevent the discharge of fat waste, oil or grease. Take-out food establishments or other establishments that prepare food, but do not cook in oil or grease, and who served food only in disposable containers, may be exempted from this requirement, provided their discharges do not violate the general discharge prohibitions of this chapter. These pretreatment facilities must have grease traps installed in the waste line leading from sinks, drains or other fixtures in accordance with specifications of Sections 711, 712, and 713 of the Uniform Plumbing Code (1985), and as amended and adopted by the city. Dischargers must maintain these facilities in a manner that will always prevent fat waste, oil or grease from being carried into the sewer system. Fat waste, oil or grease removed from such facility shall not be disposed of in sanitary or storm sewers.

No single nondomestic discharger shall have an average daily discharge (during any calendar month) to the POTW which exceeds fifteen thousand gallons without approval of the city council.

It is the purpose of this article to establish appropriate discharge fees to compensate the city for the cost of operating, maintaining and further improving POTW facilities and collection system. The charges are based upon the cost to the city of treating the waste and upgrading its POTW to provide secondary treatment of wastes.

It is unlawful for any nondomestic discharger to discharge any nondomestic wastes into the city's POTW except as authorized by a DOE permit or by a written agreement with the city.

12.36.110 Request for service by nondomestic discharger--Environmental survey.

A. All new persons seeking to discharge nondomestic waste into the POTW shall complete an environmental survey on a form to be supplied by the city. All existing nondomestic dischargers connected to or discharging to the POTW shall complete a survey form within ninety days after the effective date of the ordinance codified in this chapter or at a later time if approved in writing by the city.

B. Upon completion of the environmental survey, the city shall determine whether adequate capacity exists at the POTW and if the person seeking to discharge is required to obtain a discharge permit from the Washington Department of Ecology (DOE).

1. In the event adequate capacity exists and a DOE permit is required, the person shall be referred to DOE to acquire the permit. The issuance of a DOE permit will be necessary before the person can commence discharging into the POTW.

2. In the event adequate capacity exists and no DOE discharge permit is necessary, then the city shall identify, in consultation with the discharger, the acceptable volume and component levels for the discharge. A wastewater discharge agreement shall be prepared which shall reduce to writing the discharge terms and conditions. Continued compliance with the wastewater discharge agreement shall be a condition for continued discharge into the POTW.

The wastewater discharge agreement shall be based on the environmental survey and shall address the following:

H. Other terms and conditions necessary to carry out the intent of this chapter.

A. The city shall have the right to inspect all monitoring facilities, sewer lines and plant facilities during all hours that a discharger is operating or at any time upon twenty-four hours notice. The city shall have the right to erect or install on the discharger's property such devices as are reasonably necessary to conduct sampling, inspection, compliance monitoring or metering operations.

B. Failure to allow inspection, sampling, monitoring or metering as authorized by this section shall be grounds for termination of the discharger's wastewater discharge agreement by the city or other appropriate action by DOE concerning the DOE permit.

C. The courts of the state of Washington shall have authority to issue administrative inspection warrants for the purpose of enforcing this chapter.

D. Nothing in this chapter shall be construed to limit the city's rights to obtain a criminal search warrant.

A. Information and data furnished to the city with respect to the nature and frequency of discharge shall be available to the public or other governmental agency without restriction unless the discharger specifically requests and is able to demonstrate to the satisfaction of the city that the release of such information would divulge information, processes or methods of production entitled to protection as trade secrets or proprietary information of the discharger under the laws or regulations of the state or federal government. If a discharger furnishing a report requests that information provided as part of a report or the permit process be kept confidential, and the discharger marks such pages as "confidential," then the portions of a report or other information which may disclose trade secrets or secret processes protected by state or federal law, shall not be made available for inspection by the public, subject to the provisions of RCW Chapter 42.17, but shall be made available upon written request of governmental agencies for uses related to this chapter, the National Pollutant Discharge Elimination System (NPDES) permit, state disposal system permit and/or the pretreatment programs; provided, however, that such portions of a report or other information shall be available for use by the state or any state agency in judicial review or enforcement proceedings involving the discharger furnishing the report. Wastewater constituents and characteristics will not be recognized as confidential information.

B. Information accepted by the city as confidential, shall not be transmitted to any governmental agency or to the general public by the city until and unless a ten-day notification is given to the discharger. Once notice of intent to release information has been given to the discharger, if the discharger fails to contest the release, then any rights created by this section shall be deemed to have been waived.

The city reserves the right to amend the wastewater discharge agreement issued under this chapter in order to assure compliance or continued compliance by the city with applicable laws and regulations. Within nine months of the promulgation of a national categorical pretreatment standard, the wastewater discharge agreement of each discharger subject to such standards shall be revised to require compliance with such standards within the time frame prescribed by such standards.

A. The city shall have authority to terminate wastewater treatment services and to terminate the wastewater discharge agreement of any discharger if it determines that the discharger has:

2. Failed to report significant changes in wastewater constituents or characteristics;

3. Refused reasonable access to the discharger's premises for purposes of inspection or monitoring;

5. Violated any of the provisions of this chapter or regulations promulgated thereunder; or

6. Violated any lawful order of the city issued with respect to the discharger's wastewater discharge agreement or this chapter.

B. The discharger shall be given written notice of the city's decision and the basis therefor to terminate wastewater services. Prior to termination date established in the notice the discharger shall have a right to request an administrative hearing under this article.

C. During the administrative hearing process the termination of service shall be stayed, provided, this shall not preclude emergency suspension of service under this article, if appropriate. The administrative hearing board shall fix a termination of service date in its order if it upholds the city's action.

A. The city and the discharger may agree to a compliance schedule order in lieu of termination under this article. The order shall establish specific actions to be taken and/or procedures to be implemented by the discharger to assure compliance with this chapter and with the wastewater discharge agreement or DOE permit. The order shall also establish specific time limits for such actions or procedures.

B. Failure to comply with any terms or requirements of a compliance schedule order by the discharger shall be an additional and independent grounds for termination of wastewater treatment services and termination of the wastewater discharge agreement.

A. An aggrieved applicant or discharger shall have the right to an administrative hearing to contest any determination made by the city.

B. Any hearing pursuant to this section must be requested by the applicant/discharger in writing within ten business days after the applicant/discharger receives written notice of the city's determination. The applicant/discharger's written request for hearing shall be filed with the city clerk. The city shall conduct the hearing within ten business days of the receipt of the request (or within five business days if a discharger is contesting suspension of wastewater services and a wastewater discharge agreement). Public notice shall be posted at city hall not less than forty-eight hours prior to hearing.

C. The administrative hearing authorized by this section shall be held before an administrative hearing board. The administrative hearing board shall consist of the mayor and two council members, one selected by the Mayor and one selected by the applicant/discharger. All three have an equal vote. Formal rules of evidence shall not apply but the applicant/discharger and the city shall have the right to present witnesses and documentary evidence. The mayor or another member of the administrative hearing board designated by the mayor shall issue a written decision within five business days after the conclusion of the hearing. The decision shall be supported by written findings of facts and conclusions of law.

D. The city shall provide an electronic recording of the proceedings. The applicant/discharger may arrange at his/her expense to have a court reporter record of the hearing.

E. The city council may by resolution adopt additional rules for the conduct of hearings pursuant to this section.

In lieu of or in addition to any other enforcement action authorized in this chapter, the city shall have authority to assess against a discharger civil penalties in the manner and amount specified in Article IV.

The applicant/discharger may appeal the decision of the administrative hearing board. The procedure for such appeal shall follow the Administrative Procedure Act (APA), Part V, Judicial Review and Civil Enforcement, RCW 34.05.510, et seq.

Any discharger or any interested party shall have the right to request an interpretation or ruling by the city on any matter covered by this chapter. The request must be in writing and must be addressed to the city's director of public works. The city shall provide a written response within fifteen business days. A request pursuant to this section shall not stay or otherwise affect enforcement proceedings.

A. Any discharger that experiences an upset in operations which places the discharger in a temporary state of noncompliance with this chapter or the wastewater discharger agreement or DOE permit issued pursuant to this chapter shall inform the city of the upset immediately upon discovering the upset. A written report describing the upset shall be filed with the city by the discharger within five business days after the discovery. This report shall include:

1. A description of the upset, the cause of the upset and the impact of the upset on the discharger's compliance with this chapter;

2. The duration of noncompliance (including exact dates and times) and, if noncompliance is continuing, the time at which the discharger expects to be in compliance; 3. All steps which have been taken or will be taken to prevent the recurrence of the upset.

B. A timely documented and properly verified operating upset shall be an affirmative defense to any enforcement action brought by the city against the discharger for failure to comply with this chapter or a wastewater discharge agreement or DOE permit issued pursuant to this chapter to the extent that the enforcement action arises out of violations which occurred during the period of upset; provided, however, that such an upset shall not relieve the discharger of any other liability for the upset including, but not limited to, liability for damages sustained by the POTW, the city or third persons.

All dischargers subject to this chapter shall retain and preserve for no less than three years, any records, books, documents, memoranda, reports, correspondence and any and all summaries thereof, relating to monitoring, sampling and chemical analyses made by or on behalf of a discharger in connection with its discharge. All records which pertain to matters which are the subject of an enforcement action or litigation shall be retained and preserved by the discharger until all enforcement activities have concluded and all periods of limitation with respect to any and all appeals have expired.

A. The city may order the suspension of wastewater treatment service if the discharger fails to comply with its DOE permit or its wastewater discharge agreement, and

1. Presents or threatens a substantial danger to the health or welfare of persons or to the environment; or

2. Threatens to cause the POTW to exceed the specifications of its NPDES permit or to interfere with the operation of the POTW.

Any discharger notified of the city's suspension order shall immediately cease all discharges.

B. Any discharger whose wastewater treatment service has been suspended pursuant to this section shall have the right to a post-suspension hearing to be conducted in accordance with the procedures set forth in Section 12.36.180. Suspension of service shall continue during such hearing process. The city shall reinstate the wastewater treatment services upon proof by the discharger of the elimination of the risk of actual or potential violations stated in subsection A of this section unless the city commenced proceedings for service termination pursuant to Section 12.36.160.

C. In addition to all other rights and remedies, the city shall have the authority to physically cap, block or seal the side sewer line at its juncture with the sewer line or elsewhere (whether on public property or private property) if the city determines that such action is reasonably necessary to suspend service as authorized above by subsection A of this section. The city shall have the right of access onto the discharger's private property to accomplish such capping, blocking or sealing of the sewer line.

B. Any regulation or rule of the city or any wastewater discharge agreement or DOE permit issued pursuant to this ordinance;

The amount of such civil penalty shall be not more than one thousand dollars per violation. The city may also recover the costs incurred by the city for monitoring activities associated with the investigation and establishment of such violation or failure to comply.

Each day upon which a violation occurs or continues shall constitute a separate violation. Such penalties may be recovered by judicial actions. A discharger's failure to pay such civil penalties shall be grounds for suspension of wastewater services and termination of the wastewater discharge agreement.

Any discharger violating any of the provisions of this chapter who discharges or causes a discharge producing a deposit or obstruction which causes damage to or impairs the city's POTW shall be liable to the city for any reasonable expense, loss, fines or damage caused by such violation or discharge including costs incurred by the city for violation of its NPDES permit. The city shall bill the discharger for the above costs as well as costs incurred for any cleaning, repair, replacement work or other damages caused by the violation or discharge. Refusal to pay the assessed costs shall constitute a violation of this chapter enforceable under the provisions of Article V.

Any person who knowingly makes any false statement, representation or certification in any application, record, report, plan or other document filed or required to be maintained pursuant to this chapter, or who falsifies, tampers with or knowingly renders inaccurate any monitoring device or method required under this chapter (in addition to civil and/or criminal penalties otherwise provided by law) shall be guilty of a misdemeanor punishable by fine not to exceed five hundred dollars and/or imprisonment not to exceed ninety days.

Any person who willfully violates any provision of this chapter shall be guilty of a gross misdemeanor punishable by a fine not to exceed five thousand dollars and/or imprisonment not to exceed one year.

Household with 1--2 persons	1,200 cf/billing
Household with 3--5 persons	2,000 cf/billing
For each additional persons add 250 cf/billing

Household with 1--2 persons	1,200 cf/billing
Household with 3 or more persons	2,000 cf/billing
For each additional persons add 250 cf/billing