[1]
Prior legislation: Ord. 405, 518, 867, 984, 1012, 1035, 1067, 1071, 1088, 1237, 1242, 1286, 1291, 1304, 1361, 1410, 1422, 1471, 1495, 1506, 1521, 1575 and 1585.
A. 
Unless the context specifically indicates otherwise, the meaning of terms in this chapter shall be as set forth in this section:
1. 
"BOD"
(denoting biochemical oxygen demand) means the quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory procedure in five days at 20 degrees centigrade expressed in parts per million by weight.
2. 
"Building drain"
means that part of the lowest horizontal piping of a drainage system which receives the discharge from soil, waste, and other drainage pipes inside the walls of the building and conveys it to the building sewer, beginning five feet (one and one-half meters) outside the inner face of the building wall.
3. 
"Building sewer"
means the extension from the building drain to the public sewer or other place of disposal.
4. 
"City"
means the city of North Bend, Washington.
5. 
"Combined sewer"
means a sewer receiving both surface runoff and sewage.
6. 
"Commercial establishment"
means an establishment involving an activity with goods, merchandise, or services for sale or involving a rental fee.
7. 
"Garbage"
means solid wastes from the domestic and commercial preparation, cooking, and dispensing of food, and the handling, storage, and sale of produce.
8. 
"Grinder pump"
means the grinder pump system which includes the tank, grinder pump, control panel, discharge line, collection valve box, and any other related appurtenances.
9. 
"Holding tank"
means a storage container for raw sewage that has not been dewatered or had the solids settled and separated from the water. It is not associated with septic drainfield systems or other dewatering system for sewage.
10. 
"Industrial establishment"
means an establishment involving manufacturing, assembling, fabrication, processing, bulk handling of products, large amounts of storage, warehousing, and heavy trucking, in addition to lighter industrial activities consisting of uses involving the processing, handling and creating of products.
11. 
"Industrial wastes"
means the liquid wastes from industrial manufacturing processes, trade, or business as distinct from sanitary sewage.
12. 
"Natural outlet"
means any outlet into a watercourse, pond, ditch, lake, or other body of surface or ground water.
13. 
"Person"
means any individual, firm, company, association, society, corporation, or group.
14. 
"pH"
means the logarithm of the reciprocal of the weight of hydrogen ions in grams per liter of solution.
15. 
"Properly shredded garbage"
means the wastes from the preparation, cooking, and dispensing of food that have been shredded to such a degree that all particles will be carried freely under the flow conditions normally prevailing in public sewers, with no particle greater than one-half inch (1.27 centimeters) in any dimension.
16. 
"Public sewer"
means a sewer in which all owners of abutting properties have equal rights, and is controlled by public authority.
17. 
"Public works director"
means the public works director of the city of North Bend, or his authorized deputy, agent, or representative.
18. 
"Sanitary sewer"
means a sewer which carries sewage and to which storm, surface, and ground waters are not intentionally admitted.
19. 
"Septic hauler"
means a sewer utility customer with the required permit to dispose of materials from cesspools, septic tanks, holding tanks, and privies into the North Bend wastewater treatment plant.
20. 
"Septic tank"
means a storage container for partially dewatered or settled solids from sewage. This tank is generally the solids storage facility associated with septic drainfield systems.
21. 
"Sewage"
means a combination of the liquid-carried wastes from residences, business buildings, institutions, and industrial establishments, together with such ground, surface, and storm waters as may be present.
22. 
"Sewage treatment plant"
means any arrangement of devices and structures used for treating sewage.
23. 
"Sewage works"
means all facilities for collecting, pumping, treating, and disposing of sewage.
24. 
"Sewer"
means a pipe or conduit for carrying sewage.
25. 
"Shall" is mandatory; "may" is permissive.
26. 
"Slug"
means any discharge of water, sewage, or industrial waste which in concentration of any given constituent or in quantity of flow exceeds for any period of duration longer than 15 minutes more than five times the average 24-hour concentration or flows during normal operation.
27. 
"Storm drain" (sometimes termed "storm sewer") means a sewer which carries storm and surface waters and drainage, but excludes sewage and industrial wastes, other than unpolluted cooling water.
28. 
"Suspended solids"
means solids that either float on the surface or are in suspension in water, sewage, or other liquids, and which are removable by laboratory filtering.
29. 
"Watercourse"
means a channel in which a flow of water occurs, either continuously or intermittently.
B. 
Unless the context specifically indicates otherwise, the meaning of terms in this chapter which have not been defined in this section shall have the meaning defined in Chapter 18.06 NBMC.
(Ord. 1622 § 1 (Exh. A (part)), 2017; Ord. 1742 § 1, 2021)
The city hereby adopts the King County Board of Health Codes and all other applicable health standards of the King County health department, as currently enacted or as may be subsequently amended, for the purpose of prescribing regulations and controls of sewage disposal systems, providing for certificates of competency for sewage disposal system designers and sewage disposal system installers, requiring permits, and defining offenses, and providing for the protection of human health and safety. These ordinances are adopted and incorporated as fully as if set out at length, and the provisions thereof shall be controlling within the limits of the city.
(Ord. 1622 § 1 (Exh. A (part)), 2017)
A. 
New Construction. The owner of all new houses, buildings, or properties used for human occupancy, employment, recreation or other purposes, is required at his or her sole cost and expense to connect toilet and wastewater facilities therein directly with the proper public sewer prior to the issuance of a certificate of occupancy, or, in the case of residential subdivisions, prior to final plat or final short plat approval.
1. 
Exceptions. The requirement to connect to public sewer imposed by this subsection shall not apply in the following circumstances:
a. 
New construction of one single-family detached dwelling on an individual parcel, when no existing sewer line is located within 150 feet of the property line of said parcel as measured along the public right-of-way or dedicated easements. This exception is intended for individual property owners, and shall not apply to any parcel being developed under a plat or short plat.
b. 
New construction of an accessory dwelling unit ("ADU") on a parcel served by an existing on-site sewage system ("OSS"), when (i) no existing sewer line is located within 150 feet of the property line of said parcel as measured along the public right-of-way or dedicated easements; or (ii) the property owner can demonstrate, by producing written approval from the King County health department, that the addition of the ADU will not require expansion or alteration of the existing OSS.
c. 
New construction of accessory buildings for residential accessory uses, such as a garage or storage shed, which are not used for human occupancy.
B. 
Existing Structures. Any expansion, remodel, restoration, alteration, or changes in use (collectively, "alteration") to an existing structure served by an on-site sewage system shall require connection to public sewer, at the property owner's sole cost and expense.
1. 
Exceptions. The requirement to connect to public sewer imposed by this subsection shall not apply in the following circumstances:
a. 
The existing structure is a residential use, and no existing sewer line is located within 150 feet of the property line as measured along the right-of-way or dedicated easements.
b. 
The property owner can demonstrate, by producing written approval from the King County health department, that the alteration of the existing structure will not require expansion or alteration of the existing OSS.
c. 
The alteration of the existing structure is intended to create an accessory building for residential accessory uses, such as a garage or storage shed, which is not used for human occupancy.
C. 
OSS Failure. Upon the city's receipt of a letter from a King County health department registered sanitarian indicating that an OSS for an existing structure within the city limits has experienced a failure, the property owner shall be required, at his or her sole cost and expense, to disconnect and abandon the OSS in accordance with all applicable King County health regulations, and to connect to public sewer; provided, that if no existing sewer line exists within 150 feet of the property as measured along the public right-of-way and dedicated easements, the property owner shall be required to repair the failing OSS in accordance with all applicable King County health regulations. Failure to connect to public sewer or repair a failing OSS as required by this subsection shall be a violation of this title subject to enforcement under Chapter 1.20 NBMC and applicable provisions of this title.
D. 
Threat to Public Health. Notwithstanding anything to the contrary herein, existing structures shall be required to connect to public sewer when the King County health department, city of North Bend, or other agency with jurisdiction determines that a condition exists affecting the OSS which constitutes a health hazard or threat to public safety.
E. 
King County Health Department Approval Required. Any installation, construction, expansion, rehabilitation, repair or replacement of an existing OSS permitted under this chapter shall be approved by the King County health department prior to issuance of an associated city permit.
F. 
Regular Maintenance Permitted. Nothing in this chapter shall be construed to prevent or condition the regular maintenance and upkeep of a functioning OSS in accordance with applicable King County health regulations.
G. 
Table of Sewer Connection Requirements. The following Table 13.20-A sets forth connection requirements for specified development activities, consistent with the provisions of this section.
Table 13.20-A: Table of Sewer Connection Requirements
Proposed Development Activity
Property where an existing sewer line is located within 150' of the property line as measured along the public right-of-way and dedicated easements.
Property where no existing sewer line is located within 150' of the property line as measured along the public right-of-way and dedicated easements.
NEW CONSTRUCTION
Commercial or multifamily
Connection to public sewer required
Connection to public sewer required
Plat or short plat
Connection to public sewer required
Connection to public sewer required
Single-family detached dwelling
Connection to public sewer required
Installation of OSS permitted1
Accessory dwelling unit which necessitates expansion of existing OSS
Connection to public sewer required2
Expansion or replacement of existing OSS permitted3
Accessory dwelling unit which does not necessitate expansion of existing OSS
Continued use of existing OSS permitted
Continued use of existing OSS permitted4
EXISTING STRUCTURES
Alteration of commercial or multifamily structure which necessitates expansion of existing OSS
Connection to public sewer required
Connection to public sewer required
Alteration of a single-family detached dwelling or accessory building which necessitates expansion of existing OSS
Connection to public sewer required
Expansion or replacement of existing OSS permitted3
OSS FAILURE
Letter received from a KCHD-registered sanitarian indicating that an existing OSS has experienced a failure
Connection to public sewer required
Repair or replacement of existing OSS permitted3
Notes:
1 See NBMC § 13.20.020(A)(1)(a) – intended for individual property owners constructing one OSS on one parcel.
2 The addition of an ADU requiring connection to public sewer shall not create an independent requirement that the primary dwelling or building also connect to public sewer.
3 Subject to NBMC § 13.20.060(A) through (C).
4 Certification of available capacity shall be approved by the King County health department prior to issuance of an associated city permit.
(Ord. 1622 § 1 (Exh. A (part)), 2017)
A. 
When connection to public sewer is required, and sewer is not available within 150 feet of the property line subject to that requirement, the property owner shall enter into a developer extension agreement with the city for the purpose of extending sewer facilities to the property.
B. 
All costs and expense incident to the extension, installation and connection to public sewer shall be borne by the property owner. The property owner shall indemnify the city from any loss or damage that may directly or indirectly be occasioned by the installation of sewer facilities and connection to public sewer.
C. 
As an alternative to the obligation to extend public sewer under subsection A of this section, the property owner may initiate the formation of a utility local improvement district (ULID) to fund the cost of extending public sewer pursuant to Chapter 35.43 RCW; provided, that the property owner must submit a sufficient ULID petition within 90 days of issuance of notice that connection to public sewer is required.
(Ord. 1622 § 1 (Exh. A (part)), 2017)
A. 
Waiver. The public works director may, at his or her discretion, waive the requirement to connect to public sewer under NBMC § 13.20.020(A) if:
1. 
The building or property is a public facility funded by tax dollars; and
2. 
The building or property is owned and operated by a public agency for the public benefit; and
3. 
The septic drainfield is located on a lot area greater than or equal to 10 acres; and
4. 
The septic drainfield is located on publicly owned property and is operated and maintained by a public agency; and
5. 
The septic system complies with the requirements of NBMC § 13.20.060(A) through (C).
B. 
Variance. Any property owner may apply for a variance from the sewer connection requirements contained in NBMC § 13.20.020 to allow for an on-site sewage (septic) system, which application shall be made on a form provided by the city and evaluated by the public works director. Applicants for preliminary plats or preliminary short plats may not apply for a variance under this subsection.
1. 
Applications for a variance requested under this subsection shall be granted only if the public works director finds that all of the following criteria are met:
a. 
The property is more than 150 feet (or such other distance as may be required by King County health department on-site sewage regulations) from the existing public sewer system, as measured along the right-of-way or dedicated easements; and
b. 
The proposed OSS complies with the requirements of NBMC § 13.20.060(A) through (C); and
c. 
The cost of extending sewer to the property would result in an economic hardship to the property owner. For the purposes of this subsection, "economic hardship" means an unrecoverable cost equal to or exceeding 20 percent of the fair market value of the building site with sewer facilities installed, or if the property is already developed, 20 percent of the fair market value of the building and building site with sewer facilities installed; and
d. 
The application satisfies the variance criteria set forth in NBMC § 18.26.040(A) through (G).
(Ord. 1622 § 1 (Exh. A (part)), 2017; Ord. 1813 § 1, 2024)
A. 
Compliance with County Health Regulations. Any installation, construction, expansion, repair, rehabilitation or replacement of an existing OSS permitted under this chapter is conditioned upon the property owner obtaining the approval of the King County health district (KCHD) for such expansion, repair, rehabilitation or replacement, and compliance with all applicable KCHD regulations and requirements.
B. 
Preservation of Public Health and Safety. Any installation, construction, expansion, repair, rehabilitation or replacement of an existing OSS permitted under this chapter shall be designed and implemented so that the public health, safety, and welfare will not be endangered and said system will comply with the King County board of health codes and all other applicable health standards of the King County health department.
C. 
Preservation of Environment. Any installation, construction, expansion, repair, rehabilitation or replacement of an existing OSS permitted under this chapter shall be designed and implemented such that it will not have an adverse impact on potable water wells, ground water, streams, or other surface bodies of water.
(Ord. 1622 § 1 (Exh. A (part)), 2017; Ord. 1813 § 2, 2024)
Upon connection to the public sewer as required by this chapter, or pursuant to an agreement that requires connection to the public sewer, any existing septic tank, cesspool, drainfield, or similar private sewage disposal facilities shall be abandoned and filled with suitable material in accordance with department of health specifications.
(Ord. 1622 § 1 (Exh. A (part)), 2017)
Payment of a sanitary sewer system general facility charge (GFC) is required for connection to the city's sanitary sewer system. The sanitary sewer system GFC shall be set forth in the city's taxes, rates and fees schedule, and shall be deposited in the city's sanitary sewer capital improvement fund, which shall be used for the purpose of providing capital improvements to the city's sanitary sewer system, including the city's wastewater treatment plant.
A. 
New Construction. Each single-family dwelling (NBMC § 18.06.030) together with permitted associated accessory dwelling units shall be one ERU. Each multifamily dwelling (NBMC § 18.06.030) shall be 0.7 ERU. For development other than single-family or multifamily, an ERU shall be 23 cubic meters per month of anticipated wastewater flow. For development other than single-family or multifamily, the general facility charge is based on the water meter size and the 2016 rate study prepared by Tetra Tech, Inc., and FCS Group. Anticipated flow shall be determined by the city engineer based upon anticipated property use, water supply line size, plumbing fixture count, and after consultation with accepted state and federal manuals.
B. 
Existing Structures. In the case of an existing sanitary sewer service where there is an intended change in use, or an increase in the intensity of use, then additional connection charges shall be paid equal to the number of ERUs in increased anticipated wastewater flow.
(Ord. 1622 § 1 (Exh. A (part)), 2017)
A. 
The sanitary sewer general facility charge shall apply to all new connections and to all expansions of buildings, structures, or uses that have previously been connected where fire flow demand is increased or a new residential unit or its equivalent is added; provided, that the residential unit equivalent charge shall only apply to the number of units or their equivalent being added and not to preexisting units or their equivalent.
B. 
A general facility charge for a use within the historic district or property adjacent to the historic district may be waived by the city administrator; provided, that the amount of the specific waiver shall be based upon and proportionate to identified tenant improvements planned for and built on or in any commercial building for retail, restaurant, brewery, or similar social and entertainment use. Any waiver shall be based on the specific tenant improvements identified and itemized by the applicant during the building permit application process.
(Ord. 1622 § 1 (Exh. A (part)), 2017; Ord. 1632 § 2, 2017)
The property owner may appeal the city's determination of the calculation of any connection charge assessed under this chapter within 21 calendar days of the date the charge is assessed; provided, that the disputed charge must be paid to the city prior to the expiration of the appeal period.
An appeal under this section shall be heard by the city hearing examiner at an open record hearing. The examiner's decision shall be final and conclusive unless a written appeal is filed in superior court according to the city's appeal procedures set forth in Chapter 20.06 NBMC, as now in effect or as may subsequently be amended.
(Ord. 1622 § 1 (Exh. A (part)), 2017)
If the owner of any dwelling, commercial building or other structure fails to connect to public sewer within 90 days after issuance of notice that such connection is required under Table 13.20-A or pursuant to the terms of any agreement that requires connection to the public sewer, the following provisions shall apply:
A. 
The property shall be subject to a monthly sewer charge the same as if such dwelling or other structure were in fact connected to the sewer system; and
B. 
A lien shall be recorded against the property for all fees due under this section; and
C. 
If the required connection is not made within one year after issuance of notice that such connection is required, or within the deadline set forth in any connection agreement, the city attorney shall enforce the connection requirements by filing a lawsuit in King County superior court and seeking that the court order the property owner to make the required connection. If the city prevails in such suit, the property owner shall be liable for the city's costs and reasonable attorneys' fees in pursuing such action.
(Ord. 1622 § 1 (Exh. A (part)), 2017)
A. 
Sewer Permit Required. No unauthorized person shall uncover, make any connections with or opening into, or use, alter or disturb any public sewer or appurtenance thereof without first obtaining the appropriate sewer permit from the city.
B. 
Application and Fee. For all classes of sewer permits, the property owner or his agent shall make application on a form furnished by the city. The sewer permit application shall be supplemented by any plans, specifications or other information considered pertinent by the public works director. A sewer permit and inspection fee, as set forth in the city's taxes, rates and fees schedule, shall be paid to the city at the time the permit application is filed.
(Ord. 1622 § 1 (Exh. A (part)), 2017)
A. 
Single-Family Residential. A separate and independent sewer connection shall be provided for every tax parcel, and an accessory dwelling unit may share a sewer with the primary dwelling on the same parcel, which together shall be subject to one connection charge. Provided, that where one single-family dwelling stands at the rear of another or on an interior lot, and no private sewer can be constructed to the rear dwelling, only one sewer shall be required for both the front and rear primary dwellings, with associated accessory dwelling units.
B. 
Commercial or Multifamily. A separate and independent sewer connection shall be provided for every building.
(Ord. 1622 § 1 (Exh. A (part)), 2017)
Old building sewers may be used in connection with new buildings only when, upon examination and testing by the public works director, said sewer is found to meet all requirements of this chapter.
(Ord. 1622 § 1 (Exh. A (part)), 2017)
All excavations for building sewer installation shall be adequately guarded with barricades and lights so as to protect the public from hazard. Streets, sidewalks, parkways, and other public property disturbed in the course of the work shall be restored in a manner satisfactory to the city.
(Ord. 1622 § 1 (Exh. A (part)), 2017)
The public works director and other duly authorized employees of the city bearing proper credentials and identification shall be permitted to enter all properties pursuant to Chapter 1.20 NBMC for the purposes of inspection, observation, measurement, sampling and testing in accordance with the provisions of this chapter. The public works director and his agents shall have no authority to inquire into any processes including metallurgical, chemical, oil, refining, ceramic, paper, or other industries beyond that point having a direct bearing on the kind and source of discharge to the sewers or waterways or facilities for waste treatment.
(Ord. 1622 § 1 (Exh. A (part)), 2017)
While performing the necessary works on private properties referred to in NBMC § 13.32.260 through § 13.32.280, the public works director or duly authorized employees of the city shall observe all safety rules applicable to the premises established by the company and the company shall be held harmless for injury or death to the city employees and the city shall indemnify the company against loss or damage to its property by city employees and against liability claims and demands for personal injury or property damage asserted against the company and growing out of the gauging and sampling operation, except as such may be caused by negligence or failure of the company to maintain safe conditions as required in NBMC § 13.32.270 and § 13.32.280.
(Ord. 1622 § 1 (Exh. A (part)), 2017)
The public works director and other duly authorized employees of the city bearing proper credentials and identification shall be permitted to enter all private properties through which the city holds a duly negotiated easement for the purpose of, but not limited to, inspection, observation, measurement, sampling, repair and maintenance of any portion of the sewage works lying within said easement, which shall be performed in full accordance with the terms of the easement pertaining to the private property involved.
(Ord. 1622 § 1 (Exh. A (part)), 2017)
It shall be unlawful for any person to place, deposit, or permit to be deposited in any unsanitary manner on public or private property within the city, or in any area under the jurisdiction of the city, any human or animal excrement, garbage or other objectionable waste.
(Ord. 1622 § 1 (Exh. A (part)), 2017)
It shall be unlawful to discharge to any natural outlet within the city, or in any area under the jurisdiction of the city, any sewage or other polluted waters, except where suitable treatment has been provided in accordance with the provisions of this chapter.
(Ord. 1622 § 1 (Exh. A (part)), 2017)
No person shall discharge or cause to be discharged any stormwater, surface water, groundwater, roof runoff, subsurface drainage, uncontaminated cooling water, or unpolluted industrial process waters to any sanitary sewer.
(Ord. 1622 § 1 (Exh. A (part)), 2017)
Stormwater and all other unpolluted drainage shall be discharged to such sewers as are specifically designed as combined sewers or storm sewers, or to a natural outlet approved by the public works director. Industrial cooling water or unpolluted process waters may be discharged, on approval of the public works director, to a storm sewer, combined sewer, or natural outlet.
(Ord. 1622 § 1 (Exh. A (part)), 2017)
A. 
Damaging or Tampering with Sewage. No unauthorized person shall maliciously, willfully, or negligently break, damage, destroy, uncover, deface, or tamper with any structure, appurtenance, or equipment which is a part of the sewage works.
B. 
Planting Trees Adjacent to Sewers. Any person who plants trees adjacent to sewers such that the roots of such trees enter, obstruct or damage the public sewer system in any way shall be held responsible for associated inspection and repair costs.
(Ord. 1622 § 1 (Exh. A (part)), 2017)
It shall be the responsibility of the property owner to own and maintain the building sewer and appurtenances, including but not limited to check valves, cleanouts, and pumps, from the connection at the main of the public sewer to the building. In the event that more than one property is served by a single building sewer, it shall be the responsibility of all property owners using the building sewer to jointly maintain the portion of the building sewer serving more than one property.
(Ord. 1622 § 1 (Exh. A (part)), 2017)
The requirements set forth in this chapter are the minimum requirements which must be met. It is recognized that with respect to specific situations, obligations do now and in the future may exist which exceed these requirements, and it is further recognized that other specific provisions of this city code may be supplemental or more stringent, and continue to apply. The requirements of this chapter do not limit the obligations already entered into regarding particular circumstances and uses, nor do they limit the authority of the city to impose more strict requirements should this appear desirable, such as incident to SEPA review.
(Ord. 1622 § 1 (Exh. A (part)), 2017)
A. 
Any person found in violation of any provision of this chapter shall be liable to the city for any expense, loss or damage incurred by the city as a result of such violation.
B. 
In addition to the remedies, liens, penalties and procedures set forth in this chapter, the violation of any provision of this chapter may be enforced in accordance with Chapter 1.20 NBMC.
(Ord. 1622 § 1 (Exh. A (part)), 2017)