The following rules apply to interpretation of words as used in this PHUGA sewer utility code:
(1) 
All words shall have their normal and customary meanings, unless specifically defined otherwise in this chapter;
(2) 
Any gender-specific term shall be interpreted as if it is male, female, or neutral gender;
(3) 
Any term phrased in the plural shall also be interpreted to mean the singular, and any singular term shall be interpreted to also mean the plural; and
(4) 
The present tense shall include the future.
(Ord. 7-24 § 3 (Appx. A))
"Accessory dwelling unit" or "ADU"
has the same meaning as in JCC § 18.10.010.
"Adequate OSS"
means an existing on-site sewage system ("OSS") that is not failing, as defined in JCC § 13.02.060.
"Aggrieved person"
means a person who received an adverse decision by the director on decisions listed in JCC § 13.07.060.
"Applicant"
means a person who applies for a permit to connect to the PHUGA sewer system.
"Assessment"
means a fee to be paid by the property owner for the cost of private construction of PHUGA sewer system improvements for property within an assessment reimbursement area.
"Assessment reimbursement area"
means that area within the Port Hadlock UGA, which includes all parcels or real property likely to require connection to or service by PHUGA sewer system improvements constructed by a developer and the county.
"Available" and "availability"
means that the PHUGA sewer system is located within 200 feet of an existing sewer collection line via public rights-of-way, utility easements or some other route at the discretion of the director.
(Ord. 7-24 § 3 (Appx. A); Ord. 9-24 § 3 (App. A (Exh. 5)); Ord. 6-25 § 3 (Appx. A))
"Base rate"
means the fixed portion of the monthly charge that does not vary with the amount of water usage described in JCC § 13.05.040.
"Biological oxygen demand" or "BOD"
means biochemical oxygen demand, which is the quantity of oxygen utilized in the biochemical oxidation of organic matter in five days at 20 degrees Celsius under standard laboratory procedure expressed in milligrams per liter. A single-family residence is generally considered to have a BOD of less than or equal to 300 mg/L.
"Biosolids"
means primarily organic solids produced by treatment processes that can be beneficially recycled.
"Boundary"
for purposes of Chapter 13.08 JCC means the geographical limits of property to be included in a proposed local improvement district.
"Building drain sewer"
means the piping of a sewage system which extends from structure to the grinder pump tank.
"Building permit"
is a permit issued by the department of community development authorizing the construction, installation, repair, or remodel of a structure on a property.
(Ord. 7-24 § 3 (Appx. A))
"Campground"
means a facility in which one or more sites are offered for persons using tents or other personal, portable overnight shelters.
"CFR"
means the Code of Federal Regulations, as currently enacted or as later amended.
"Clean Water Act"
means the federal Clean Water Act (33 U.S.C. Section 1251 et seq.), as currently enacted or as later amended.
Clear, Cogent and Convincing Evidence.
Clear, cogent and convincing evidence exists when the element has been shown by the evidence to be highly probable. Proof by clear, cogent, and convincing evidence requires a greater showing than is required under the "preponderance of the evidence" standard that is used in many civil cases. Preponderance of the evidence exists when an element has been shown to be more probably true than not true. On the other hand, proof by clear, cogent, and convincing evidence does not require as great a showing as is required under the "reasonable doubt" standard used in criminal cases. Reasonable doubt means such a doubt as exists in the mind of a reasonable person after fully, fairly, and carefully considering all the evidence or lack of evidence. "Preponderance of the evidence" and "beyond a reasonable doubt" are defined here solely to aid in understanding the meaning of "clear, cogent, and convincing" evidence.
"Community action agency"
means a private corporation or public agency established pursuant to the Economic Opportunity Act of 1964, Pub. L. 88-452, which is authorized to administer funds received from federal, state, local, or private funding entities to assess, design, operate, finance, and oversee antipoverty programs, which is part of the community action agency network pursuant to RCW 43.63A.115.
"Contractor"
means a person that is bonded and licensed by the state of Washington as a general contractor, and that, in addition to other types of construction skills, is capable of the following: constructing, installing, repairing, excavating, and connecting building sewers, grinder pumps and tanks (along with their control box and electrical connection), side sewers (connecting from the grinder pump tank into the pressure sewer system), and decommissioning of an existing on-site sewage system.
"Cost of construction"
for purposes of Chapter 13.08 JCC means those costs incurred for permit charges, design, acquisition of right-of-way and easements, sewer easements, labor, materials and installation required to create PHUGA sewer system improvements.
"County"
means Jefferson County, Washington.
"Customer"
means a property owner or tenant who is receiving service from a connection to the PHUGA sewer system.
(Ord. 7-24 § 3 (Appx. A))
"Department"
means the Jefferson County department of public works.
"Developer"
means a person that contracts with the county for the construction of PHUGA sewer system improvements that are required for further development of real property. For the avoidance of doubt, "developer" may include a property owner.
"Development"
means any new, remodeled or improved structure that requires a new wastewater system or the expansion of existing wastewater treatment and disposal. Development also includes any new use or change of use for which the JCC requires connection to the PHUGA sewer system.
"Director"
means the director of Jefferson County department of public works or their designee.
"Discharge"
means any addition of a solid, liquid, or gaseous substance to the PHUGA sewer system (other than infiltration or inflow), whether intentional or unintentional, and includes, but is not limited to: spilling, leaking, pumping, pouring, emitting, emptying, or dumping from any point source.
"Disconnect box"
means an electronic shutoff switch located between the property owner's electrical panel and PHUGA sewer utility electric grinder pump control panel.
"Disposal"
means discharging, discarding, or abandoning any substance to PHUGA sewer system.
"Duplex"
has the same meaning as in JCC § 18.10.040.
"Dwelling unit"
has the same meaning as in JCC § 18.10.040.
(Ord. 7-24 § 3 (Appx. A))
"Easement"
means an acquired, nonpossessory interest in land owned by another party.
"Effluent"
means the discharge from the PHUGA sewer system.
"Electrical panel"
means an enclosed box that contains important electrical components for a property, which must be connected to the grinder pump control panel to establish a sewer connection.
"Equivalent residential unit" or "ERU"
means a wastewater service unit which is substantially equivalent to an average single-family residence in wastewater volume output, quality and strength of the discharge, and function. For the PHUGA sewer system, one ERU will be considered equivalent to 4,000 gallons of water use per month, with an average wastewater strength for biochemical oxygen demand ("BOD") equal to or less than 300 mg/L and total suspended solids ("TSS") equal to or less than 300 mg/L.
"Existing structure"
means a structure that existed prior to sewer availability, as defined in JCC § 18.19.120. For the avoidance of doubt, an existing structure may be on either a residential property or a non-residential property.
(Ord. 7-24 § 3 (Appx. A))
"Failing"
of an on-site sewage system means that in the opinion of the county department of public health, an on-site sewage system ("OSS") threatens the public health or environment by inadequately treating sewage or by creating a potential for direct or indirect human contact between sewage, as specified by Chapter 8.15 JCC and Chapter 246-272A WAC. Examples of a failing on-site sewage system include, but are not limited to:
(1) 
Sewage on the surface of the ground;
(2) 
Sewage backing up into a structure caused by slow soil absorption of an on-site sewage system discharge;
(3) 
Sewage leaking from an on-site sewage tank or collection system;
(4) 
Cesspools or seepage pits where evidence of groundwater or surface water quality degradation exists;
(5) 
Inadequately treated effluent contaminating groundwater or surface water; or
(6) 
Noncompliance with standards required on an on-site sewage system permit.
(WAC 246-272A-0010).
"Food manufacture and processors" or "FMP"
means those manufacturing facilities primarily engaged in manufacturing or processing food, either for human or nonhuman (pets, livestock, etc.) consumption. Manufacturers or processors include, but are not limited to, dairies; creameries; slaughterhouse, meat processing, and packing facilities; industrial bakeries; condiment producers; salad dressing producers; cooking oil facilities; canning facilities; and, any other commercial or industrial structure that discharges fats, oils, or grease ("O&G") into the PHUGA sewer system.
"Food service establishments" or "FSE"
means those establishments engaged in the activity of preparing, serving, or otherwise making food available for consumption by humans, which use one or more of the following preparation methods: cooking by frying (all methods), baking (all methods), grilling, sautéing, rotisserie cooking, broiling (all methods), boiling, blanching, roasting, toasting, infrared heating, searing, barbecuing, and any other method of food preparation that produces or may produce hot, nondrinkable food product in or on a receptacle that requires washing. These establishments include, but are not limited to, restaurants, bakeries, commercial kitchens, caterers, hotels, schools, religious institutions, hospitals, prisons, correctional facilities, and care institutions.
(Ord. 7-24 § 3 (Appx. A))
"Garage"
means a covered structure designed to provide shelter for vehicles, which is accessory to a single-family residence or a duplex.
"Garbage"
means putrescible material resulting from the preparation and consumption of food except body waste, swill and animal carcasses.
"Grease trap or interceptor"
means a filter or tank designed to remove excess grease, fats, and oils from the wastewater stream for operations, such as restaurant operations. There are two types of devices that remove fats, oils, and grease ("O&G"): a "grease trap" that is typically located under a sink, and a "grease interceptor" that is usually a larger concrete tank located outside the establishment. The applicable county-adopted state plumbing code in JCC Title 15 will specify the type of device that will be required for the particular use in need of O&G removal.
"Grinder pump"
means a pump located for a service connection that grinds any solids within wastewater, and then pumps the liquid and ground solids into the PHUGA sewer system.
"Grinder pump control panel"
means a grinder pump's centralized electric components that provide electrical coordination for system operation.
"Grinder pump system"
means a grinder pump, a grinder pump tank, a grinder pump control panel, and a side sewer from the grinder pump tank to the pressure sewer system, along with the electrical system necessary to power operation of the grinder pump system.
"Grinder pump tank"
means a tank that contains a grinder pump.
(Ord. 7-24 § 3 (Appx. A))
"Hazardous substance"
means any hazardous substance as defined in RCW 70A.305.020(13).
"High-strength wastewater"
means any sewage containing contaminants at concentrations greater than normal domestic wastewater, including wastewater with expected discharges of BOD or TSS of greater than 300 mg/L; or O&G of greater than 50 mg/L.
"Housing authority"
means a housing authority created by a city or a county pursuant to RCW 35.82.030. Pursuant to RCW 35.82.080, a housing authority must fix the rentals for low-income dwelling accommodations at the lowest possible charges consistent with its providing decent, safe and sanitary dwelling accommodations, and no housing authority shall construct or operate any such project for profit, or as a source of revenue to the city or the county. A housing authority is a separate legal entity from the city or county that creates it and its powers are limited to those listed in RCW 35.82.070 with its own board of directors, manager and staff.
(Ord. 7-24 § 3 (Appx. A))
"Industrial waste"
means a liquid, solid or gaseous substance, or combination thereof, resulting from any process of industry, manufacturing, food or liquid processing, business, trade or research, including the development, recovering or processing of natural resources. "Industrial waste" includes garbage, but does not include wastewater or storm drainage.
"Inspector"
means any employee or representative of the department designated by the director to inspect sewer construction, operation or maintenance.
(Ord. 7-24 § 3 (Appx. A))
"Latecomer agreement"
means a written agreement between the county and one or more developers (as approved and executed by the director) for providing PHUGA sewer system components for partial reimbursement of the cost of construction of PHUGA sewer system improvements to the developer by property owners who benefit by the PHUGA sewer system improvements but who did not contribute to the original cost of construction, as authorized by RCW 36.94.190.
"Local improvement district" or "LID"
means a special assessment district formed by the county pursuant to RCW 36.94.220 et seq., for the purpose of providing a mechanism for financing PHUGA sewer system improvement through payment of assessments over time on the benefitting properties.
"Low-income person"
means a single person, family, or unrelated persons living together whose adjusted individual's or household income from all sources meets any of the following criteria:
(1) 
Persons at 200 percent of poverty level based upon household size using poverty level calculations established by the state of Washington for Jefferson County or by the federal government if state calculations are not available;
(2) 
Persons at or below 80 percent of the median family income adjusted for family size, for Jefferson County, as reported by the United States Department of Housing and Urban Development ("HUD");
(3) 
Persons who receive supplemental security income ("SSI") or social security disability income ("SSDI") pursuant to 42 U.S.C. Chapter 7 (Social Security), as currently enacted or as later amended;
(4) 
Persons who are residents of state licensed adult family homes who receive SSI or SSDI and who primarily rely on Medicaid;
(5) 
Persons who live in a housing complex operated by a housing authority that received grant funding with requirements for limiting rents for low-income residents; or
(6) 
Persons who receive housing assistance pursuant to Section 8 of the federal Housing Act of 1937 (42 U.S.C. Section 1437).
(Ord. 7-24 § 3 (Appx. A))
"Major modification"
shall have the same meaning as in JCC § 18.19.120(4).
"Membrane bioreactor"
("MBR") means a wastewater treatment process that combines the extended aeration-activated sludge process with a physical separation process using membranes immersed into aeration basins. An MBR provides a positive barrier to particulate, colloidal and dissolved solids above the 0.1-micron range, and produces Class A reclaimed water.
"Mobile home park"
means any real property that is rented or held out for rent to others for the placement of two or more mobile homes, manufactured homes, park models, or a combination thereof, for the primary purpose of production of income, except where the real property is rented or held out for rent for seasonal recreational purposes only and is not intended for year-round occupancy. For purposes of this definition, all related definitions contained in RCW 59.30.020 apply.
"Multifamily dwelling"
has the same meaning as in JCC § 18.10.040 and § 18.10.130.
(Ord. 7-24 § 3 (Appx. A))
"Nonprofit organization,"
whether public or private, means a corporation, or other organization recognized under the United States Internal Revenue Code as a qualified recipient of tax-deductible charitable contributions for the charitable purpose of providing low-income or affordable housing, including but not limited to organizations having received approval from the Internal Revenue Service of such status upon the filing of all forms as required for recognition as a 501(c)(3) corporation.
"Nonresidential customer"
means any customer whose property is not used solely for residential purposes.
"Nonresidential structure"
means any structure that is not used solely for residential purposes.
"Nursing/convalescent/assisted living facility"
has the same meaning as in JCC § 18.10.140.
(Ord. 7-24 § 3 (Appx. A))
"Person"
means any individual, firm, company, corporation, partnership, association, society or group, and includes person as that term is defined in RCW 1.16.080.
"Petition"
means a document signed by one or more property owners within the Port Hadlock UGA that requests that the county form a local improvement district or "LID."
"pH"
means the negative logarithm of the concentration of hydrogen ions (H+) in a solution measured in standard units; pH is the intensity factor of acidity.
"PHUGA sewer manual"
means the Port Hadlock UGA Sewer System Design Standards and Plans Manual, a document containing the technical and administrative requirements for the PHUGA sewer system, including specifications, details, drawings, administrative forms, connection requirements, ownership responsibilities, and other matters pertinent to connection to the PHUGA sewer system.
"PHUGA sewer system"
means the Port Hadlock UGA sewer system, including the wastewater treatment plant, all grinder pump systems, and all PHUGA sewer system improvements.
"PHUGA sewer system fee schedule"
means the schedule of charges for the operation of the PHUGA sewer system adopted by the board of county commissioners by resolution, pursuant to the process identified in Chapter 3.80 JCC, establishing the charges enacted under this PHUGA sewer utility code.
"PHUGA sewer system improvements"
means PHUGA sewer system improvements, including but not limited to: right-of-way easements, sewer easements, design, engineering, surveying, inspection, testing, connection charges, and installation as required by the county. PHUGA sewer system improvements also include, but are not limited to, treatment plants, low pressure sewer mains, lift stations, force mains, and telemetry systems.
"PHUGA sewer system utility"
means the entity that operates the PHUGA sewer system.
"PHUGA sewer utility code"
means Chapters 13.01 through 13.09 JCC.
"Point source"
means any discernible, confined, and discrete conveyance, including, but not limited to, any pipe, ditch, channel, tunnel, conduit, well, discrete fissure, container, rolling stock, concentrated animal feeding operation, or vessel or other floating craft, from which pollutants are or may be discharged. This term does not include return flows from irrigated agriculture.
"Pollutant"
means dredged spoil, solid waste, incinerator residue, sewage, garbage, sewage sludge, munitions, chemical wastes, biological materials, radioactive materials, heat, wrecked or discarded equipment, rock, sand, cellar dirt, and industrial, municipal, and agricultural waste discharged into the PHUGA sewer system without a required permit. This term does not include: (1) sewage from vessels exempt from regulation by states under Section 312 of the Clean Water Act (33 U.S.C. Section 1322); or (2) dredged or fill material discharged in accordance with a permit issued under Section 404 of the Clean Water Act (33 U.S.C. Section 1344).
"Port Hadlock UGA" or "PHUGA"
means the Irondale and Port Hadlock urban growth area established pursuant to the Jefferson County Comprehensive Plan and Ordinance No. 10-0823-04, as amended.
"Pressure sewer system"
means a system of connected pipes that collects wastewater from individual properties and conveys it to the wastewater treatment plant, using grinder pump systems on individual properties.
"Pretreatment"
means the treatment of wastewater from a property, including industrial or commercial operations, that generates sewage with higher strength than expected wastewater strength from most residential discharges. The method for pretreatment is determined by the Washington State Department of Ecology and the director.
"Pretreatment facility"
means a facility for pretreatment of effluent.
"Process water"
means nondrinkable water used in relation to industrial processes and facilities.
"Property"
means a lot or parcel within the Port Hadlock UGA.
"Property owner"
means the owner of record of a lot or parcel within the Port Hadlock UGA.
(Ord. 7-24 § 3 (Appx. A))
"RCW"
means the Revised Code of Washington, as currently enacted or as later amended.
"Recreational vehicle (RV)"
has the same meaning as in JCC § 18.10.180.
"Recreational vehicle park" or "RV park"
has the same meaning as in JCC § 18.10.180.
"Residential"
means an occupancy that contains a kitchen, bathroom, and sleeping quarters, and is designed for use as a long-term residence, including, but not limited to: single-family residences, duplexes, multifamily dwellings, apartments, congregate living facilities (nontransient) with more than 16 occupants, and mobile home parks with three or more dwelling units. Motels and hotels are not considered "residential."
(Ord. 7-24 § 3 (Appx. A))
"Sewer connection charge"
means the charge to connect to the PHUGA sewer system.
"Sewer connection permit"
means a written document issued by the department which grants a person the right to connect to the PHUGA sewer system and which identifies the requirements for doing so.
"Sewer easement"
means an easement that grants the department authorization to enter onto private property for the purposes of constructing and maintaining the PHUGA sewer system.
"Sewer main"
means a sanitary sewer line or pressure sewer system that conveys wastewater from one or more side sewers to the PHUGA sewer system.
"Sewer service charge"
means any charge authorized by this PHUGA sewer system code.
"Side sewer"
means the pipe from the grinder pump tank to the PHUGA sewer system.
"Single-family residence"
has the same meaning as in JCC § 18.10.190.
"Structure"
means a permanent or temporary edifice or building or any piece of work artificially built up or composed of parts joined together in some definite manner, whether installed on, above, or below the surface of the ground, and which is used for human occupancy, employment, business, or recreation, and that has a need or requirement for having sewage service. For purposes of this PHUGA sewer system code, "structure" also includes but is not limited to a commercial facility, an industrial facility, a "manufactured home," a "mobile home," a "park trailer," and a "recreational vehicle" as those terms are defined in RCW 43.22.335.
"Suspended solids"
means particles that float on or are suspended in wastewater and which may be substantially removed by treatment processes, including by filtering. Suspended solids are measured in milligrams per liter.
"System development charge" or "SDC"
means a fee paid by a customer for a new connection to the PHUGA sewer system or for an expansion of an existing connection's wastewater flow or an increase in wastewater strength. An SDC is intended to: (1) capture the customer's fair share of the current and future capital costs of the PHUGA sewer system in place to serve the new connection or increase in volume or strength of a connection; or (2) represent the capital cost of new components projected by the director to meet capacity needs.
(Ord. 7-24 § 3 (Appx. A))
"Volume"
means the amount of wastewater that is discharged to the PHUGA sewer system as estimated by that customer's water use records from the Jefferson County Public Utility District No. 1.
"Volume charge"
means a charge based on metered domestic water usage.
(Ord. 7-24 § 3 (Appx. A))
"WAC"
means the Washington Administrative Code, as currently enacted or as later amended.
"Wastewater"
means the liquid and liquid-carried waste from structures, together with minor quantities of groundwater, stormwater and surface waters that are not intentionally admitted. "Wastewater" includes both domestic wastewater as defined in WAC 173-240-020(4), industrial wastewater as defined in WAC 173-240-020(8).
"Wastewater infiltration pond"
means the structure that collects, temporarily stores, and infiltrates wastewater treated by the wastewater treatment plant.
"Wastewater treatment plant" or "WWTP"
means the county's membrane bioreactor ("MBR") plant located at 243 Lopeman Road, Port Hadlock, Washington, inclusive of, but not limited to, any appurtenant headworks, outfall, buildings, odor control systems, biosolids handling equipment, wastewater infiltration pond, or, generators, etc.
"WSDOT"
means the Washington State Department of Transportation.
(Ord. 7-24 § 3 (Appx. A))