A. 
In order to qualify for a nonstandard sewer system connection the property owner shall be on public record agreeing to participate in a sanitary sewer ULID extension. If the property owner is on public record opposing a proposed ULID extension, then connection to the sewer system shall only occur through a standard connection to a sewer main.
B. 
All nonstandard sewer connections shall receive city council approval on a case-by-case basis. Upon council approval of a nonstandard sewer connection, the property owner shall deposit with the city a surety in the amount of a reasonable frontage charge of a sewer main. This charge shall be set by council resolution.
C. 
All nonstandard sewer connections shall be designed by a professional engineer registered in the state of Washington. All plans submitted shall be subject to the rules and regulations adopted by the city of Langley and shall require approval by the city's engineering department.
D. 
The owner shall bear all costs associated with the nonstandard sewer connection application, installation and maintenance of the sewer line, to and including the connection at the city owned gravity sewer main.
E. 
1. 
When property is being served by a nonstandard sewer connection and the city accepts a new sewer main abutting the customer's property, then the customer shall connect to the new main. The city shall provide the customer written notice of the requirement to connect. The customer shall connect within 90 days of city notification. The customer shall further be responsible for all costs associated with the connection to the new main. The customer shall also pay all latecomer fees and all other applicable fees due for the proportionate share of the cost of installing any sewer main installed adjacent to the service property. The surety outlined in subsection (B) of this section shall be applied to the property owner's share of sewer main installation. If the surety is in excess of the actual charges, the property owner shall be refunded the balance. If the surety does not cover the actual costs, the property owner shall be responsible to pay the difference between the surety and the actual cost.
2. 
When property is being served by a nonstandard sewer connection and the city accepts a new sewer main within 200 feet of the customer's property, the customer shall connect to the new main. The city shall provide the customer written notice of the requirement to connect. The customer shall connect within 90 days of city notification. The customer shall bear all costs associated with extending the sewer main across the customer's property if required. The extension shall meet all requirements outlined in Title 15. The customer may file a latecomer agreement with the city if applicable.
F. 
Upon connection to a standard sewer main, all nonstandard sewer appurtenances shall be properly disconnected and abandoned, at the customer's expense, as ordered by the city engineering department.
G. 
The connection fee for a nonstandard sewer installation shall be the same as a standard sewer installation as adopted by council resolution. The fee shall be paid at the time of connection and shall be credited toward connection fees due upon subsequent installation of a standard connection.
H. 
Installation of tanks, pumps and switches shall be inspected and certified by the design engineer and an inspection report filed with the public works department. The design engineer shall provide as-built drawings of the entire installation, including piping, to the city prior to final city acceptance of the improvements.
I. 
The applicant shall be responsible for obtaining a right-of-way permit and all other applicable permits that may be required.
(Ord. 786, 2000)
A. 
In cases where an existing single-family residence experiences drainfield failure, a septic tank effluent pump (STEP) system may be allowed if the following conditions are met:
1. 
The property owner has attempted to form a sanitary sewer ULID and cannot obtain the required support;
2. 
The property owner provides written verification from Island County health department that the failed drainfield cannot be repaired and construction of a new drainfield is not possible/feasible;
3. 
The property is more than 200 feet from an existing sewer main but no more than 1,500 feet from an existing sewer main; and
4. 
The property is located within the corporate city limits of the city of Langley.
B. 
A STEP system may be allowed in undeveloped RS-5000 and RS-7200 zoned property under the following conditions:
1. 
The property owner has attempted to form a sanitary sewer ULID and cannot obtain the required support;
2. 
The undeveloped property is more than 200 feet from an existing sewer main but no more than 1,500 feet from an existing sewer main; and
3. 
The undeveloped property is located within the corporate city limits of the city of Langley.
C. 
Where additional STEP system connection(s) is/are proposed in areas where STEP system connections exist or are proposed, the city engineer may require that the STEP system connections be consolidated to preserve the existing right-of-way for public uses. Such installations shall be made only at the expense of the customer connecting to the existing system.
D. 
Any STEP system line located in the city right-of-way or on private property shall require a recorded easement prior to installation. The benefiting property owner shall be responsible for providing a draft of the easement(s) to the city for approval prior to recording of the easement(s) and the owner shall be responsible for all costs associated with recording the easement.
(Ord. 786, 2000)
A. 
In cases where property zoned NB is undeveloped and sewer service is not available, an alternative method of sewage disposal, such as use of a holding tank sewage system, may be allowed; provided, that the following conditions are met:
1. 
The property owner has attempted to form a sanitary sewer ULID and cannot obtain the required support.
2. 
The property is more than 200 feet from an existing sewer main.
3. 
Property uses are limited to those identified as principal or conditional uses in Title 18 and generate low indoor water and sewage flow, such as offices and plant nurseries. No residential uses shall be allowed.
4. 
Agreement that property shall be connected to the city sewer system within 90 days of city notification of the requirement to connect after installation of a new sewer main within 200 feet of the property.
5. 
Rates shall be the same as those assessed commercial businesses plus a surcharge to the base rate as set by council resolution. Connection fees, as set by council resolution, shall be paid upon approval of the application for an alternative holding tank system.
6. 
Provide a copy of a contract for services between the property owner(s) and a licensed septic pumping company to the city upon request. The applicant shall provide the city with pumping records bi-monthly. Records shall be submitted to the director of public works by the tenth of the month following the two-month reporting period.
7. 
The property owner shall bear all costs associated with the approved system, including construction and maintenance.
B. 
If approved, applicant acknowledges that approval is granted for the current applicant only, that said approval does not run with the land or the building, and that said approval is in no other aspect transferable. The city reserves the right to review and approve any change in use of the premises. A use which is not approved by the city will result in cancellation of approval.
(Ord. 786, 2000)
A. 
In cases where a plat of five or more lots is proposed a nonstandard sewer extension may be allowed under the following conditions:
1. 
The property must be zoned residential; and
2. 
The property must be vacant; and
3. 
The installation shall extend from the boundary of the property to an existing sewer main; and
4. 
The parcel is a minimum of 500 feet from an existing sewer main but no more than 1,500 feet from an existing sewer main; and
5. 
The property is located within the corporate limits of the city of Langley; and
6. 
The proposed nonstandard sewer extension shall be subject to city council approval, based on a recommendation from the city planning and public works departments; and
7. 
Upon city council approval, the proponent shall deposit with the city a surety in an amount equal to the estimated cost, as determined by the city engineer, to connect to a standard sewer main when it becomes available within 200 feet of a boundary of the plat.
B. 
In addition to the above provisions, the following standards shall be met:
1. 
All lots within the proposed plat must be served by a standard sewer main system. Individual lots shall connect to the standard sewer main as allowed in either Section 13.50.060 or Sections 15.01.255 through 15.01.284.
2. 
The owner of the proposed plat may be required to install and maintain a temporary lift station to serve the proposed plat. Temporary lift station parts and controls shall be compatible with lift stations currently in use in the city of Langley sewer system. The city may, at its discretion, enter into an agreement with the property developer to purchase the surplus lift station parts according to a predetermined depreciation schedule. Said depreciation schedule shall not exceed five years in length.
3. 
In the event a standard sewer main plan design is shown in the city comprehensive sewer plan along the route of a proposed nonstandard sewer extension, the developer shall be required to install the planned standard sewer main as shown in the comprehensive sewer plan as part of the nonstandard sewer extension. The developer may enter into a contract with the city providing for a latecomer agreement as outlined in Section 15.01.090 where applicable.
4. 
All nonstandard sewer extensions shall conform to Section 15.01.040, Design standards.
5. 
The developer shall maintain ownership of all nonstandard sewer main extensions and the standard sewer main system within the long plat. When the nonstandard sewer extension is abandoned in lieu of a standard extension and the standard sewer main system within the plat is properly connected to the city sewer system the developer shall transfer title by deed to the city. Ownership of the nonstandard sewer extension and the standard sewer main system within the plat may be transferred to the homeowners association of the plat.
6. 
Upon abandonment of the nonstandard sewer main, connection to a standard sewer main and city acceptance of the existing sewer main within the plat, the developer and/or the homeowners association shall deed the sewer main located within the plat to the city of Langley. Until such time that the standard sewer main is accepted by and deeded to the city of Langley, maintenance responsibilities shall remain with the developer and/or the homeowners association.
7. 
The design engineer shall incorporate into the design of the improvements provision for connecting to a standard sewer main extension as outlined in the general sewer plan of the city of Langley.
(Ord. 785, 2000)
Violation of any of the provisions of this chapter may result in termination of the water service to the premises served. The owner shall be responsible for all costs associated with termination. Water service shall not be restored until all costs and fees due are paid in full. The customer shall also be responsible for payment of all costs associated with restoring service.
(Ord. 786, 2000; Ord. 820, 2002)
All delinquent charges shall be a lien against the property served and shall be perfected and enforced as provided by the laws of the state governing municipal utility liens.
(Ord. 786, 2000)
In addition to the lien provided for in Section 13.50.090, the city has the right to discontinue water service to the premises where payment of any charges are delinquent. The city may discontinue said water service at the discretion of the public works department until delinquent rates, charges and penalties have been paid in full.
(Ord. 786, 2000)
A. 
All development in mixed residential and commercial zones is required to be served by the city's public sewage system.
B. 
All development in a neighborhood business zone is required to be served by the city's public sewage system, except as otherwise addressed in the city code. (Reference: Nonstandard Sewer Connection.)
C. 
In a residential zone all new development and expansions/remodels of existing principal buildings that constitute 50 percent or more of the appraised value of the building(s) is/are required to be served by the city's public sewer system, if the development is within 200 feet of a city sewer main measured from the property line nearest to the sewer, except as otherwise addressed in the city code (reference: Nonstandard Sewer Connection). All proposed subdivision (short and long) and related multiple lot developments are required to be served by the city's sewer system. Developments/redevelopments of a single-family residence on a lot that is not within 200 feet of a sewer main may be served by an onsite septic system.
D. 
An accessory dwelling unit or guest house may be served by an onsite septic system if it can be shown to the satisfaction of the Island County health department that the existing septic system is functioning properly; has the design capacity to accept the flow from the accessory dwelling unit or guest house; and complies with all applicable Island County health department regulations.
E. 
All existing developments in a residential zone served by an onsite sewage disposal system and located within 200 feet of an existing city sewer main, measured from the property line nearest to the sewer, and otherwise not required to connect by the provisions in this chapter, shall connect to the city sewer system (1) when there is a change of property ownership or (2) when the onsite system fails and the Island County health department verifies that the failed system cannot be repaired and construction of a new system is not possible/feasible. Use of the onsite system shall be discontinued upon connection to the city sewer system.
F. 
Except in residential zones, all property owners shall connect existing development to the sewer within two years of being notified by the city of their requirement to connect. Any property owner who chooses not to connect within 90 days of receiving notice from the city shall be subject to a monthly sewer service fee. Such imposition shall be the same as if such dwelling or other facility were in fact connected to the sewer system. In addition, if such connection is not made within two years after notice is provided by the city of the requirement to connect, a lien shall be recorded upon the subject property for fees due in relation to the required connection.
G. 
All costs and expenses incident to the installation and connection of the building sewer shall be borne by the owner. The owner shall indemnify the city from any loss or damage that may directly or indirectly be occasioned by the installation of the building sewer.
(Ord. 786, 2000; Ord. 820, 2002; Ord. 860, 2005)
There is imposed upon each customer who has sewer available but who is not yet connected to the sewer, and such customer shall pay, a monthly charge equal to the monthly user charge or minimum user charge that would be collected if that customer were connected to the sewer system. The availability charge shall be considered as ordinary rate revenue.
(Ord. 786, 2000)
If the owner of any dwelling or other facility subject to be connected to the wastewater collection system fails to make the necessary connection within 90 days after receiving written notification to make such connection, the monthly availability charge for sewer service shall be imposed. In addition, if such connection is not made within one year after notice to connect is given, the city attorney shall begin a lawsuit in Island County superior court. Said legal action shall be against the owner or owners of the property. Said legal action shall request that the court order the owner to make the required connection. If the city prevails, then the owner shall be liable for all costs of said suit, including a reasonable attorney's fee.
(Ord. 786, 2000)
It is unlawful for any person to make any connection, or in any way alter either an existing connection to the sanitary sewer or the wastewater treatment system, without authorization by the public works department. It is unlawful for any person to connect any private sewer line to a sewer in any street or alley without the necessary permit from the public works department.
Except as provided in this chapter, it is unlawful to construct or maintain any privy, privy vault, septic tank, cesspool or other facility intended or used for the disposal of sewage.
(Ord. 786, 2000)
A. 
Side Sewer. In order to connect to the wastewater treatment system, the property owner shall file an application with the public works department stating the following: (1) name of the owner and occupant of the premises to be connected, (2) location of the building where the lateral is proposed, (3) the type of material to be used, and (4) the grade upon which it will be laid. If application is satisfactory, the engineering department will authorize the required permit. Thereafter, the owner may construct the necessary line on their own property. The public works department shall prepare and keep on file at City Hall accurate records of all buildings connected to the wastewater collection system. Said records shall include a small plan showing the buildings involved, the adjacent streets, the main sewer and the house connection.
B. 
Pretreatment. Industrial, commercial and business establishments may be required to install such pretreatment facilities, devices, or other related appurtenances such as, but not limited to: grease, oil or sand interceptors, comminutors, screens and pH control, as determined by the director, to be necessary to comply with Section 13.50.030 (Standards). An application shall be filed with the public works department stating: (1) the name of the property owner and occupant of the premises to be connected through pretreatment devices, (2) where the device is to be located and maintained, (3) pertinent technical information and construction details, and (4) a plan showing process waste streams through the facility waste characterization and flows. If review by the engineering department finds that the application satisfies the rules, regulations, limitations and requirements established by this chapter, the required permit shall be issued to the owner. Further, it shall be the responsibility of the property owner to provide for the operation and maintenance of such facilities, devices or other related appurtenances, as required by the city engineer. The city shall require prior notification of any proposed changes, additions, modifications and/or alterations to pretreatment devices approved and permitted by the public works department.
(Ord. 786, 2000)
A. 
In all cases where it is possible, the minimum grade on all lateral sanitary sewers shall be two percent. No exception to this rule will be allowed where new homes, built after the sewer to be used has been constructed, apply for a permit. And if there is any waste matter to be disposed of from basements or any other portions of the house be constructed at such an elevation that a two percent grade cannot be used, the property owners will be required to install a suitable pump.
B. 
Where homes older than the sewer are involved, and a two percent grade is impossible to achieve, the grade may be lowered to one percent if, after review by the engineering department, there is a written finding that such a grade will function properly. If the house, for any reason, is so low that even a one percent grade cannot be obtained, the property owner will be required to install a suitable pump for discharging their waste into the wastewater treatment system. No septic tanks will be permitted if the house is within 200 feet of a sewer.
C. 
In those cases where a sewer is abnormally deep, the house lateral shall have a maximum grade of five percent, discharging into a vertical riser from the main sewer.
D. 
Each building must be connected to the wastewater collection system through its own individual side sewer. No exceptions will be permitted without written permission of the engineering department.
E. 
Any and all pumps required to be installed under the terms of this section shall have the written approval of the engineering department before their installation. In addition, all grades less than two percent or greater than five percent shall have written approval of the engineering department.
(Ord. 786, 2000)
A. 
House Connections. The public works department shall inspect all work on house connections before any backfilling is done. When such work is ready for inspection, the public works department shall be notified. If the work is found to be satisfactory, backfilling may proceed and the job brought to completion. Should the work not be acceptable, all errors noted by the inspector must be rectified and a second inspection made at the owner's expense. The public works department shall have right of entry on any premises at any reasonable time for purposes of inspection.
B. 
Compliance. The public works department shall inspect the facilities of any user to ascertain whether the purposes of this title are being met and whether all requirements are being complied with. Persons or occupants of premises where wastewater is created or discharged shall allow representatives of the public works and/or engineering department ready access at all reasonable times. Said access shall be allowed to all parts of the premises for the purposes of inspection, sampling, records examination or otherwise in the performance of their duties. Access shall include setting up such devices on the user's property, as are necessary to conduct sampling, inspection, compliance monitoring and/or metering operations.
C. 
Monitoring. The city may require that monitoring facilities be provided, operated and maintained at the owner's expense. If required, said facilities will enable monitoring, inspection, sampling and flow measurement of the building sewer and/or internal drainage systems. Ample room shall be provided in or near such sampling manhole or facility to enable accurate sampling and preparation of samples for analysis. The facility, sampling and measuring equipment shall be maintained at all times, at the expense of the user, in a safe and proper operating condition. Whether constructed on public or private property, the sampling and monitoring facilities shall be provided in accordance with the city's requirements and all applicable local construction standards and specifications. Construction shall be completed within 90 days following written notification by the city.
(Ord. 786, 2000)
Within 30 feet of any public or private sewer or drain pipe it shall be unlawful to plant any of the following forms of vegetation: poplar, cottonwood, soft maple, gum, or any other tree or shrub whose roots are likely to obstruct public or private sanitary sewers. When the trees or roots of any trees or plants are obstructing or likely to obstruct a public street or right-of-way the city engineering department is authorized to order their removal. Ten days' written notice shall be given to the owner or occupant of the abutting property to remove the same. If such owner or occupant fails or refuses to do so when ordered, the reasonable cost of such removal shall be charged against and become a lien upon the abutting property. The office of the city attorney is authorized and directed to collect such charge by suit maintained in the name of the city as plaintiff, against the owner, in any court of competent jurisdiction. The costs of said suit shall be taxed against the owner, together with a reasonable attorney's fee according to law.
(Ord. 786, 2000)
No person shall discharge or cause to be discharged any stormwater, surface water, ground water, roof runoff, drains, catch basins, area drainage, subsurface drainage, cooling or untreated industrial process waters into any wastewater treatment system.
(Ord. 786, 2000)
A. 
Harmful Contributions. When an actual or potential discharge presents an imminent or substantial endangerment to the public health and welfare, the environment, the waste water collection system, the POTW or constitutes a violation of the city's NPDES permit, the city may immediately suspend wastewater treatment service. Any person receiving notice of a suspension of wastewater treatment service shall immediately stop or eliminate the contributing discharge. In the event of a failure of the person to comply voluntarily with the suspension order, the city may take such steps as are considered necessary to abate the problem. These steps may include but are not limited to severance of the sewer connection. The city shall reinstate wastewater treatment service upon proof of the elimination of the discharge violation. Within 15 days of the occurrence, the violating party must submit a detailed written statement describing the causes of the harmful contribution and measures taken to prevent future occurrence.
B. 
Violation. Whenever the city finds, after investigation performed either by qualified city staff or an affidavit of complaint verified by a qualified professional, that any user is not in compliance with all requirements, limitations and prohibitions of this chapter the city shall proceed to enforce compliance with the code as outlined in Chapter 1.14.
Any person who shall violate any provisions of this chapter shall be liable to the city for any expense, loss, damage, cost of inspection or cost of correction incurred by the city by reason of such violation, including any cost to the city incurred in collecting from such person the loss, damage, expense, cost of inspection or cost of correction.
(Ord. 786, 2000)
A. 
Violation of or failure to comply with any of the provisions of this chapter shall be subject to a civil penalty as set forth in Chapter 1.14. When violations are of a continuing nature, the penalty shall increase each day of the violation as set forth in Section 1.14.050(E).
B. 
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 is subject to the penalties as outlined in Chapter 1.14.
(Ord. 786, 2000; Ord. 832, 2003)