Chapter 13.05 SEWER CHARGES

The board of county commissioners shall establish a schedule of PHUGA sewer system customer charges, as authorized under Chapter 3.80 JCC and this PHUGA sewer utility code.

The director shall impose sewer service charges to customers of the PHUGA sewer utility. The director may establish classifications of customers or service, using any method authorized by law.

Sewer service charges are intended to fund operation and maintenance costs of the PHUGA sewer system. Service system charges are also intended to cover other costs, including, but not limited to: administrative costs, reserve accounts, system replacement, and debt service. Utility taxes may be included in the sewer service charges when allowed by state law.

The director shall review periodically the sewer service charges and may propose changes or adjustments as necessary to meet fiscal requirements. The board of county commissioners shall consider the proposed changes or adjustments for adoption as authorized under Chapter 3.80 JCC.

The director shall maintain a webpage displaying the current PHUGA sewer system fee schedule and shall have hard copies available by mail or pick up at the department's physical interface for customers and will be mailed to any customer upon request.

(Ord. 7-24 § 3 (Appx. A))

§ 13.05.020 Annual fee adjustment.

The director shall adjust the PHUGA sewer system fee schedule annually by the Consumer Price Index for Seattle-Tacoma-Bellevue for Urban Wage Earners and Clerical Workers ("CPI-W"), published by the Bureau of Labor Statistics for the United States Department of Labor, or the successor geographic region, as periodically updated.

Annual adjustments to sewer service charges shall be made by applying the 12-month percentage increase in the CPI-W as reported for the month of September preceding the adjustment date, which will be January 1st of the following year.

Annual adjustments to sewer service charges shall be rounded to the nearest dollar. The "base" rate for the monthly user rate will be rounded to the nearest two decimals. The "volume" rate for the monthly user rate will be rounded to the nearest three decimals. A rate, charge, or fee shall not be reduced by reason of such calculation.

Except for the SDCs, each rate, charge, fee subject to this increase will be adjusted by the 12-month percentage increase in the CPI-W as reported for the month of September preceding the adjustment date. Increases will be rounded to the nearest dollar for fees, and in the case of the components of the monthly user charge, for the "base" rate to two decimal places and in the case of the "volume" rate, the nearest three decimal places. A rate, charge or fee shall not be reduced by reason of such calculation. Rate, charge or fee increases in accordance with this calculation shall not exceed five percent per year.

§ 13.05.030 Discounted charges for sewer service for low-income persons.

The annual adjustments to sewer service charges shall occur automatically every year without the requirement of a separate action by the board of county commissioners, as required by JCC § 3.80.030.

(Ord. 7-24 § 3 (Appx. A))

Low-income persons, including low-income senior (age 62 or older), low-income disabled, low-income veteran customers, and certain owners of properties who satisfy the requirements of this chapter qualify for discounted charges for services provided by the PHUGA sewer system utility, as follows:

Customers who are low-income persons (as defined in JCC § 13.02.120) are entitled to a discount pursuant to this section.

Customers who are state licensed adult family home whose residents receive Supplemental Security Income (SSI) or Social Security Disability Insurance (SSDI) and who primarily rely on Medicaid are entitled to the low-income charge.

Low-income persons who are located in multifamily units or mobile home parks customers that bill for all tenants and who receive individual bills for sewer service from the customer are entitled to the low-income charge.

Owners of multifamily units or mobile home parks who rent to low-income persons are entitled to a discount provided they pass on the discount to the low-income tenants in the form of rent reduction, provided the discounted charges are limited pro rata to the low-income charge.

The following documentation is required for a customer to qualify for a low-income discount charge:

Any customer applying for a low-income discount under this section shall apply using forms created by the department. The customer shall supply verified information and documentation concerning income status in a manner determined by the director;

For a multifamily unit or mobile home park customer with only one monthly bill, the property owner shall complete forms provided by the department and provide verified information and documentation concerning low-income residents that qualify for the low-income discounted charge. The property owner shall also provide a declaration under oath pursuant to Chapter 5.50 RCW to the director certifying that savings from the discounted charge shall be passed on to the qualifying customer in the form of rent reduction; and

For a public housing authority that meets the requirements of subsection (1)(d) of this section, the public housing authority shall complete forms provided by the department and submit rental charge requirements from funding sources to prove eligibility.

Customers determined by the director to be eligible for the low-income charge provided for in this section shall be billed at the low-income charge listed in the PHUGA sewer system fee schedule. Discounts may be expressed as a percentage reduction from the established charges or may be expressed simply as a reduced fee or charge amount.

The amount charged to a qualifying customer receiving a low-income discount shall not be less than 50 percent of the undiscounted charge for a single-family residence charge.

Customers continuously shall satisfy the eligibility requirements under this section. If a customer is disqualified from eligibility under this section due to a change in income status or because the customer is no longer disabled, the individual or household shall immediately notify the director of the disqualification. Failure to provide timely notice may result in a delinquent fee action under this, or an enforcement action pursuant to Chapter 13.07 JCC to compel repayment of monthly charges with fines and penalties.

(Ord. 7-24 § 3 (Appx. A))

§ 13.05.040 Billing methodology.

The director shall bill and collect from each customer accrued charges for the use of the PHUGA sewer system through a monthly sewer bill.

Every customer shall pay a monthly sewer bill. The responsibility for payment of the monthly sewer bill shall rest solely with the customer.

The monthly sewer bill shall be structured as follows:

For residential customers, the bill shall provide a fixed base rate.

For nonresidential customers, the bill shall provide a fixed base rate, a volume charge based on metered domestic water usage, and a surcharge for high-strength wastewater, if any, as required by JCC § 13.05.060.

§ 13.05.050 Determination of monthly user charges.

The monthly sewer bill shall include charges for any customer-caused damage to the PHUGA sewer system, as described in JCC § 13.04.110(5).

(Ord. 7-24 § 3 (Appx. A))

This section includes the methodology for determining the monthly sewer charges for residential and nonresidential customers. Specific charges are found in the PHUGA sewer system fee schedule adopted pursuant to JCC § 13.05.010.

Residential customer monthly user charges are established, billed, and collected via a fixed base rate per dwelling unit as shown in the following Table 5-1.

ERUs are assigned as shown in Table 5-1. ERU multipliers do not reflect actual metered domestic water usage at any specific property. Residential user charge determinations are fixed and are not based on actual water usage.

Table 5-1 – Residential User Charge Determination
Residential Customer Class	ERU Multiplier for Base Rate
Single-family residence	1.0 ERU per dwelling unit × base rate
Duplex	0.9 ERU per dwelling unit × base rate
Accessory dwelling unit (ADU)	0.7 ERU per ADU × base rate
Multifamily dwelling	0.7 ERU per dwelling unit × base rate
Mobile home park	0.7 ERU per dwelling unit × base rate
Residential vehicle park	0.7 ERU per space × base rate

Nonresidential customer monthly user charges are established, billed, and collected via a base rate plus a volume charge per gallon for all metered water usage over 4,000 gallons per month (one ERU) as shown in the following Table 5-2. For customers producing high-strength waste, additional charges will be added to their monthly rate.

Table 5-2 – Nonresidential Customer Charge Determination
Nonresidential Customer Class	ERU Multiplier for Base Rate
All nonresidential customers	Additional high-strength waste charges may apply
All nonresidential customers, using up to 4,000 gallons per month	1.0 ERU × base rate
All nonresidential customers, using more than 4,000 gallons per month	1.0 ERU × base rate + volume charge per gallon of domestic water used greater than 4,000 gallons

Domestic monthly water usage shall be based on the customer's water bill from the Jefferson County Public Utility District No. 1. When monthly water usage exceeds 4,000 gallons, a nonresidential customer shall be charged a per gallon sewer usage charge in addition to the base rate; provided, that if the customer establishes by clear, cogent and convincing evidence to the director's satisfaction that a significant, ongoing, and quantifiable amount of metered water usage is attributable to irrigation or other use that prevents that water from flowing to the PHUGA sewer system, that amount of water usage shall be disregarded in determining the monthly sewer charge.

Sewer charges shall be collected on a monthly basis for all connected properties, whether occupied or vacant. When a property is vacant, the property owner shall be responsible for paying sewer charges and shall be liable for any unpaid charges.

When a property is vacated, any low-income discounts which were applied to the previous customer shall not continue until a new customer establishes an account with the PHUGA sewer system utility.

§ 13.05.060 High-strength wastewater charge.

The customer shall be responsible for paying for the cost of electricity for operating the grinder pump system as part of their regular electric bill from Jefferson County Public Utility District No. 1.

(Ord. 7-24 § 3 (Appx. A))

The department is authorized to calculate and bill a high-strength wastewater charge to a customer that generates certain high-strength wastes or has high variability in waste loadings. The high-strength wastewater charge shall reflect the costs of treating such wastes. Specific methodologies are detailed in the PHUGA sewer system fee schedule.

The high-strength wastewater charge shall be in addition to other charges billed for sewer service.

When developing the high-strength waste charge, the department shall also identify pretreatment requirements pursuant to Chapter 13.06 JCC.

(Ord. 7-24 § 3 (Appx. A))

§ 13.05.070 System development charge.

A system development charge ("SDC") represents the property's equitable share of the capital cost of the components to serve the PHUGA sewer system connection. Current and future capital costs for providing wastewater treatment, collection, conveyance, and disposal, and reuse are used in the determination of SDCs.

Revenues collected from SDCs shall be deposited into a separate county fund or account reserved for PHUGA sewer system capital or replacement uses.

SDCs shall not be used to fund operations, routine maintenance, or administrative functions of the PHUGA sewer system.

The director shall impose an SDC on all new and all upsized connections to the PHUGA sewer system, to be paid prior to issuance of a sewer connection permit. The board of county commissioners shall adopt the SDC as a part of the PHUGA sewer system fee schedule.

In addition to payment of an SDC on all new and all upsized connections required by subsection (4) of this section, an SDC shall also be imposed upon the following properties:

A nonresidential structure with an existing connection that increases the volume of wastewater flow or strength beyond the originally approved or credited SDC;

A multifamily development or mobile home park when new units are added; and

An existing single-family residence or duplex that adds an accessory dwelling unit ("ADU").

The following provisions apply to SDCs:

Payment of an SDC will remain with the property and parcel for which it was initially designated. An SDC does not "follow" a customer to another parcel;

A property may be subject to more than one SDC. SDCs are applied to each structure on a property that is served by the PHUGA sewer system. A property with multiple dwelling units or nonresidential sewer connections will pay multiple SDCs as outlined further in this section;

A customer who upgrades or expands an existing connection in a manner that results in higher wastewater flows or treatment needs shall receive SDC credits for the initial connection. The SDC that was paid for the initial connection shall be subtracted and credited to the customer from the new total SDC charge for the expanded or upgraded development;

An ERU determination will be rounded to the nearest tenth of a decimal for purposes of calculating the SDC; and

(e)

SDCs will not be refunded when a property is disconnected or flow is reduced.

For residential properties, the SDC shall be calculated as shown in Table 5-3, below:

Table 5-3 – Residential SDC Charge Determination
Residential Customer Class	ERU Multiplier for Base Rate
Single-family residence	1.0 ERU per dwelling unit × current SDC fee
Duplex	0.9 ERU per dwelling unit × current SDC fee (2 units = 1.8 ERUs)
Accessory dwelling unit (ADU)	0.7 ERU per ADU × current SDC fee
Multifamily dwelling	0.7 ERU per dwelling unit × current SDC fee
Mobile home park	0.7 ERU per dwelling unit × current SDC fee
Residential vehicle park	0.7 ERU per dwelling unit × current SDC fee

For a nonresidential structure, the SDC charge is a calculation of ERUs based on water usage, as indicated on the customer's water bill records from the Jefferson County Public Utility District No. 1. Average water use shall be determined by the director using at least the previous 12 months of water consumption data for the property. Abnormally low or high months may be disregarded in the calculation at the director's discretion.

A nonresidential structure that uses, or will use, on average, 4,000 gallons of metered domestic water or less per month will be assigned one ERU. No value of less than one ERU shall be assigned to a nonresidential structure.

A nonresidential structure that uses, or will use, on average, more than 4,000 gallons of metered domestic water per month, shall be assigned an ERU value that will be calculated using the following formula:

Average Monthly Water Use / 4,000 = Total ERU assigned for structure

Example: Water use average is 10,000 gallons of domestic water per month

10,000 / 4,000 = 2.5 ERUs assigned for structure and used for SDC determination

If the director determines that a customer has established by clear, cogent and convincing evidence that a significant, ongoing, quantifiable amount of metered water use is attributable to irrigation or other use that prevents that water from flowing to the PHUGA sewer system, then that amount shall be disregarded in determining the number of ERUs assigned to the property for the purposes of calculating SDCs.

(9)

If a nonresidential structure has no existing water use or the water usage records are not likely to accurately reflect wastewater flow, the ERU count is determined by one of the following methods, as determined by the director:

The customer shall apply to the director for an ERU determination and include estimated proposed wastewater flows using the tables from the PHUGA Sewer Manual or Department of Ecology Orange Book that contain estimated flows for different types of uses;

The customer may provide an estimated wastewater flow by providing a plumbing fixture count complete with calculations and analysis;

For more complex facilities, the director may require the customer to obtain a licensed professional engineer to estimate wastewater flows based on plumbing fixture counts, and include calculations and analysis; or

The director in their discretion shall use other data determined to be useful, including the following Table 5-4, below:

Table 5-4 – Calculation of ERUs for SDC Charge Based on Typical Use*
Measurement based on cubic foot ("cf.") (7.48 gallons) per month *** When a structure or complex has multiple uses or functions, the residential equivalent units applicable thereto shall be the combined sum of the units from each use or function**
Use	Measurement
Restaurant	100 cf./month per seat
Fastfood restaurant	150 cf./month per seat
Bar, tavern or cocktail lounge	80 cf./month per seat
Retail store or office building	200 cf./month per 1,000 gross square feet of floor space
Shopping center	400 cf./month per 1,000 gross square feet of floor space (minus common ways and walks)
Factory	100 cf./month per employee
School without cafeteria or showers	20 cf./month per student
School with cafeteria and without showers	25 cf./month per student
School with cafeteria and with showers	35 cf./month per student
Theater or auditorium	5 cf./month per seat
Laundromat or self-service laundry not concomitant to a residential use	700 cf./month per washing machine
Hospital	1,200 cf./month per bed
Nursing/convalescent/assisted living facility	800 cf./month per bed
Medical office	400 cf./month per 1,000 gross square feet of floor space

(10)

For any nonresidential structure that will discharge high-strength wastewater, the director shall add ERUs to those calculated for the property pursuant to subsections (8)(a) and (8)(b) of this section as follows:

The high-strength ERU formula is:

(0.38 (flow of customer) / (flow of standard ERU)) + (0.387 (BOD of customer) / (BOD of Std. ERU)) + (0.233 (TSS of customer)/ (TSS of standard ERU)) = equivalent high-strength ERU (rounded to nearest tenth of a decimal)

§ 13.05.075 Waiver or deferral of system development charge ("SDC") for low-income housing.

Explanation of assumptions in formula:

(i)

Flow of standard ERU is assumed to be 4,000 gallons per month.

(ii)

BOD of standard ERU is assumed to be 14 pounds per month.

(iii)

TSS of standard ERU is assumed to be 14 pounds per month.

(11)

A customer may appeal the director's determination of the SDC under subsection (8) of this section pursuant to Chapter 13.09 JCC.

(Ord. 7-24 § 3 (Appx. A))

The director may waive or defer payment of an SDC for customers that qualify as a community action agency, a housing authority, or a nonprofit organization, as those terms are defined in Chapter 13.02 JCC, who are developing or constructing housing units for low-income households.

An applicant may apply for a waiver or deferral on forms developed by the department.

To be eligible for a deferral or waiver of the SDC charge, the applicant shall:

Qualify as a community action agency, a housing authority, or a nonprofit, as those terms are defined in Chapter 13.02 JCC;

Be developing or constructing housing units for low-income households;

Covenant and agree in writing that the property for which the applicant seeks a waiver or deferral will only be sold or rented to low-income households, as defined in JCC § 13.02.120, for a minimum of 20 years from the date of certificate of occupancy. The agreement shall specify:

(i)

The term of the agreement;

(ii)

The deferral or waiver terms;

(iii)

The criteria for waiver;

(iv)

The repayment requirements;

(v)

The reporting requirements;

(vi)

Consent to allow regular audits of the qualified applicant's (or successor's) records by the county or other entity designated by the county; and

(vii)

That if within 20 years of the date of the certificate of occupancy the property is sold or rented, and the new buyer or tenant does not meet the eligibility requirements of this section, then repayment of the deferred SDC is required in full with interest thereon at a rate commensurate with the annual one-year U.S. Treasury notes and bonds, adjusted for constant maturities, as published in the Federal Reserve Bulletin or otherwise available from the Federal Reserve Bank, computed annually on unpaid balances. Interest calculated pursuant to this section shall not be compounded;

The applicant shall record the agreement and a real property lien on the qualified property to secure the SDC obligation in an amount that reflects the SDC charge deferral and reasonable interest accrual, in a form approved by the prosecuting attorney;

(e)

The real property lien shall run with the land and apply to subsequent property owners. This lien shall be considered senior to all other security interests recorded against the property, to the extent permitted by law.

A qualified applicant may propose waiver or deferral of the SDC charge for mixed-income or mixed-use development. The amount of the SDC waived or deferred shall be a percentage proportionate to the low-income housing provided based on square footage.

The director is authorized to grant a waiver of the SDC charge at the time of connection, or a deferral of the SDC charge at the time of connection that may be waived after a period of 20 years from the date of the certificate of occupancy, as specified in this section. If the qualified applicant or successor in interest fails to continually meet the eligibility requirements of this section, repayment is required as specified in subsection (3) of this section.

Prior to a grant of a deferral or waiver, the applicant shall record the covenant of agreement and the real property lien on the qualifying property.

The director may waive the requirement to record a covenant of agreement and a lien on the property under subsections (3)(d) and (3)(e) of this section at the time of connection if the applicant demonstrates to the satisfaction of the director that the qualifying property shall be continually monitored by a federal, state, or county agency to ensure that the housing units are reserved only for low-income households for a minimum of 20 years from the date of the certificate of occupancy. Under these circumstances, the director also may waive the requirement of the covenant of agreement, the real property lien, the county reporting requirement, and any eligible charges.

For qualified applicants who do not meet the requirements of subsection (3) of this section, the repayment requirement may be waived if the applicant demonstrates the property has been continually sold or rented to low-income households, as defined in JCC § 13.02.120, for a period of 20 years from the date of the certificate of occupancy.

(9)

The qualified applicant or successor in interest shall submit a report to the director every three years or as specified in subsection (10) of this section for any qualified property with an active fee deferral. The report shall contain the following:

A declaration that satisfies the requirements of Chapter 5.50 RCW that occupancy of all units has continuously conformed to the requirements of the covenant of agreement and lien;

Documentation, as specified by the director, to verify that occupancy of all units has continuously conformed to the requirements of the covenant of agreement and lien;

Any additional information required by the director; and

A written acknowledgement that the director retains the right to audit the records as required by the covenant of agreement and lien recorded on the qualified property.

(10)

The report required in subsection (9) of this section shall be submitted to the director as follows:

For units under private ownership, reports are due to the director at the time of sale prior to escrow and at the end of the period specified by the lien; and

For rental units, reports are due to the director by March 31st of each third calendar year and at the end of the period specified by the lien.

(11)

The director shall provide a report to the board of county commissioners at least annually on the number and dollar amount of existing deferrals, and budget impacts to the PHUGA sewer system. The report shall also review the total number of entities expected to request waivers or deferrals within a budget cycle and the cumulative projected amount of deferral or waiver, and evaluate the potential impacts on the PHUGA sewer system budget. The board of county commissioners may take action to limit the number of deferrals in any one budget year by applicant or in total, or specify any other limitation as may be required for budgetary purposes.

(12)

The director shall develop forms and administrative regulations to carry out the intent and purpose of this program.

(Ord. 7-24 § 3 (Appx. A))

§ 13.05.080 Other charges.

The PHUGA sewer system fee schedule may include charges for other services or actions including, but not limited to:

Hourly rate;

Sewer connection permit charge;

Pretreatment treatment facility permit charge;

Prohibited waste discharge permit charge;

Inspection service fee;

Right-of-way application fee;

Maintenance service fee;

§ 13.05.100 Delinquent payment – Interest and liens.

Equipment supply and replacement fee;

(9)

Labor, equipment and materials fee;

(10)

On-site sewage system decommissioning permits and inspection charge;

(11)

Disconnection permit charge;

(12)

Charge for removal of unauthorized connections or taps to the PHUGA sewer system;

(13)

Application fee for processing latecomer assessment;

(14)

Administrative fee for administering latecomer process;

(15)

Cost of security for installation of PHUGA sewer system improvements;

(16)

Cost of installation of PHUGA sewer system improvements;

(17)

Assessments for PHUGA sewer system improvements;

(18)

Defective work charge;

(19)

Segregation application fee;

(20)

Developer reimbursement payback processing fee;

(21)

Filing fee for hearing examiner appeal under Chapter 13.08 JCC;

(22)

Marine vessel holding tank discharge fee;

(23)

Grinder pump damage fee;

(24)

Special assessment fees as required by JCC § 13.05.090 and Chapter 13.09 JCC;

(25)

Delinquent payment charge;

(26)

Recording fee;

(27)

Filing fee for hearing examiner appeal under Chapter 13.09 JCC; and

(28)

Other administrative and management charges as necessary to reimburse costs incurred by the PHUGA sewer utility to provide sanitary sewer service.

(Ord. 7-24 § 3 (Appx. A))

§ 13.05.090 Special assessments.

Special assessments for local improvement districts ("LIDs") or utility local improvement districts ("ULIDs") shall be charged and paid as authorized by statute and pursuant to the specific plan and program of each improvement district as authorized under Chapter 13.09 JCC.

(Ord. 7-24 § 3 (Appx. A))

The director may impose a penalty and delinquency interest at specified rates for any unpaid sewer service charges established in this chapter.

Unpaid sewer service charges shall become "delinquent" for the purposes of this section when such charges remain unpaid for 30 days as measured from the date of the bill or invoice which notified the customer of the amount owed by that customer.

Accounts labeled delinquent will be assessed a late payment fee of five percent of the total sewer bill if paid within 30 days of the notice of delinquency.

Delinquent accounts over 60 days from the original billing date will be turned over to a collection agency for collection of the bill amount, the penalty amount, and the collector's cost.

The director may file and record a notice of lien with the office of the county auditor for any unpaid bills, penalties, and collector's costs, if payment is not received within 120 days.