HomeMy WebLinkAboutO-1763 - Moratorium on sewer extensions and connections (Repealed by 1795)'",'
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CIT Y 0 F MAR Y S V ILL E
Marysville,Washington
ORDINANCE NO.I?6 3
AN ORDINANCE OF THE CITY OF MARYSVILLE IMPOSING
TEMPORARY RESTRICTIONS ON NEW SEWER CONNECTIONS TO THE
CITY'S SEWER SYSTEM,AND ISSUING A DETERMINATION OF
SIGNIFICANCE UNDER SEPA FOR ALL NEW DEVELOPMENT
ACTIVITIES IN THE CITY WHICH WILL IMPACT THE CITY'S
SEWER SYSTEM, ALL IN RESPONSE TO AN EMERGENCY CONDITION
RELATING TO THE CAPACITY AND FUNCTIONAL PERFORMANCE OF
THE CITY'S WASTEWATER TREATMENT FACILITY.
WHEREAS,the following events and circumstances have
resulted in an emergency condition relating to the capacity and
functional performance of the city's sewer system:
1.The City owns and operates a sanitary sewer system
which presently has approximately 6,000 domestic,commercial and
industrial connections located both within the city limits and
within the surrounding unincorporated area which has been
established by the City as its Rural utility Service Area
("RUSA II)•
2.A part of the City's sanitary sewer system is a
wastewater treatment facility consisting of two oxidation ponds
(lagoons)and a chlorine contact chamber.Said facility dis-
charges into Ebey Slough,a tributary to Port Gardner Bay.
3.The City's sewer system,including its outfall intb
Ebey Slough,is subject to the regulations of the Federal Water
Pollution Control Act (FWPCA), 33 USC §13ll et seq,the
Washington State Water Pollution Control Act,Chapter 90.48 RCW,
and the Washington State Water Quality Standards,Chapter 173-201
WAC,said regulations and standards being under the adminis-
trative jurisdiction of the Washington State Department of
Ecology ("DOE").
4.On July 11,1983 DOE issued the City NPDES Permit No.
WA-002249-7 authorizing discharge of 1.2 million gallons per day
of treated wastewater (effluent)into Ebey Slough.Said permit
expired on July 1,1988.
5.The city and its RUSA area have experienced unpre-
cedented residential growth for the past 24 months;the rate of
growth and its adverse impact on infrastructure improvements such
as roads,utilities and public services,was much greater than
anticipated by the city,or by the region generally.
ORDINANCE - 1
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6.As a result of said unanticipated growth the city's
wastewater treatment facility has operated above the BOD design
criteria stipulated in the NPDES Permit;further,the effluent
being discharged into Ebey Slough violates the quantity and
quality restrictions of said Permit.
7.The City has responded to these emergency circumstances
by retaining engineering consultants who have prepared reports,
plans and specifications relating to sewer system improvements,
including expansion of the system capacity to 4.4 MGD.A
progress schedule is attached hereto as Exhibit A.As said
schedule discloses,progress has been significantly delayed by
the unresponsiveness of DOE.During said period of delay the
Federal Clean water Act standards were amended to become signi-
ficantly more stringent,effective in March 1988.
8.On December 3,1989 the City received a temporary NPDES
Permit from DOE for continued discharge of 1.2 MGD into Ebey
Slough (RCW 90.48.200).Said permit is still in effect.
9.On February 13,1990 DOE issued Notice of Violation No.
DE89-N259 to the City relating to violations of Federal and State
regUlations and standards which allegedly continue to exist
pending completion of improvements to the City's wastewater
treatment facility.Unless satisfactory steps are taken toward
compliance within 30 days,DOE may impose an absolute ban on new
sewer connections,or may invoke punitive measures.
10.
bring the
treatment
The city is immediately taking the following steps
BOD and suspended solids levels at the wastewater
facility into full compliance:
to
a.Installation of 18-20 aerators in the lagoons at a
cost of approximately $100,000.
b.Removal of sludge from the lagoons (if necessary).
These will be completed within 90 days.
11.The city is immediately taking the following steps to
reduce the hydraulic loading of the facility:
Diversion of approximately 1/4 MGD of storm water
during peak precipitation events from the facility by
installing a new storm water separation system in downtown
Marysville (Phase 1).
This will be completed within 180 days.
ORDINANCE - 2
12.In the meantime,new residential growth continues to
impact the City and its sewer system at unprecedented levels.
There are approximately 1,000 residential lots/dwelling units
which are either awaiting sUbdivision/zoning approval,or have
such approval but have not yet started constructing sewer
extensions.There are approximately 400 residential lots/
dwelling units which have preliminary plat approval and which
have sewer extensions presently under construction.There are
approximately 200 residential lots/dwelling units which have
final plat approval and are immediately ready for building
permits and sewer connections.
13.The public health/environmental harm which will result
from continued use of the City's sewer lagoon,and from a less
than 10%expansion of the number of sewer connections during the
limited period of time that the improvements to the lagoon are
being constructed,is not material when balanced against the
health/environmental harm which will result from the use of on-
site septic systems in areas with inadequate soils,and the
economic harm which will result if new sewer connections are
banned or delayed for development projects which have already
constructed sewer extensions to their lots in reliance on city
approvals.
NOW,THEREFORE, THE CITY COUNCIL OF THE CITY OF MARYSVILLE,
WASHINGTON DO ORDAIN AS FOLLOWS:
section 1.Limited Ban on Sewer Extensions and Connections.
From and after the effective date of this Ordinance,the city
shall not approve or allow any sewer extensions,connections,
reconnections,or increases in meter size,except those with
vested rights as defined in section 2 below.
"Sewer extension"as used herein shall mean any pipe added
or connected to the City's sewerage system when said pipe is over
500 feet in length or over 8'inches in diameter."Con-
nections"means the physical attachment of any source or
potential source of wastewater to any sewer or other appur-
tenances tributary to the Marysville sewer system."Recon-
nection"means the reestablishment of a prior connection;
provided,that a reconnection which will not cause a flow or load
increase to the sewer system greater than that from the same
source at any time within the prior 12 months will be exempt from
this ban.
section 2.Vested Rights.The sewer extension/connection
ban in section 1 above shall not apply to properties with vested
rights on the effective date of this Ordinance."Vested rights"
shall be defined as follows:
a.Preliminary and final plats (and short plats)with
sewer construction plans which have been approved by the
ORDINANCE - 3
City and with sewer extensions actually constructed across
the frontage of the lot(s),including stub-outs at each lot.
Provided,that in plats which are only partially completed
on the effective date,only those lots with completed stub-
outs will have vested rights.
As used herein,a "completed sewer extension"does not
necessarily mean that all inspections have been finished or
that the line has yet been conveyed to the city.
b.Mobile home parks.mUltiple family complexes and
commercial/industrial complexes with sewer construction
plans which have been approved by the city and with stub-
outs or side sewers actually constructed to each connection
point seeking vested rights.Provided,that a connection
point must be within ;;-00 feet of the building to be
served,or said building shall not have vested rights.
c.An individual lot or legal parcel shall have
vested rights for a single residential,commercial or
industrial sewer connection (as distinguished from multi-
connection complexes referred to in subparagraph (b)above)
if it qualifies under one or more of the following criteria:
(1)The lot/parcel has an approved and valid
building permit,and an existing sewer main across its
frontage;or
(2)The lot/parcel has an approved and valid
sewer connection permit,and an existing sewer main
across its frontage;or
(3)If the lot/parcel has no development permits
it must at least have an existing sewer main across its
frontage which was either installed by the owner of
said lot/parcel or installed by a ULID which included
said lot/parcel;provided,that the side sewer needed
for said lot/parcel must be less than ~oo feet in
length and not over ?inches in diameter.
d.
contract
issued.
A ULID sewer extension where the construction
has been awarded and the Notice to Proceed has been
e.Public buildings and facilities necessary for
pUblic health,safety or welfare,the construction of which
has been approved by the governmental agency owning the
same.
ORDINANCE - 4
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section 3.Determination of Significance (SEPAl.
3.1.This Ordinance is hereby adopted as a SEPA policy
document of the City of Marysville.For the duration of
this Ordinance,the city declares that any new development
activity which will result in the discharge of wastewater
into the City's sewer system will create a significant
adverse environmental impact.No applications,hearings or
approvals shall be allowed for any such development activity
without prior SEPA review relating to the sewer system
crisis referred to in this Ordinance,and without a miti-
gation offer acceptable to the City and DOE. A mere offer
to defer construction and occupancy of a development project
shall not be sufficient until such time as a wastewater
treatment facility plan is approved by DOE and construction
of the improvements is scheduled for completion within the
next 90 days.
3.2.Except as provided in paragraph 3.3 below,
"development activity"shall include,but not be limited to,
SUbdivisions,short SUbdivisions,project rezones,binding
site plans,plan checks and approvals,building permits,
sewer connection applications,sewer utility commitment
letters,ULID's,sewer extensions,and annexations of areas
outside of RUSA.
3.3.This Determination of Significance shall not
apply to the following exempt development activities:
a.Developments which have vested rights
pursuant to section 2 above.
b.Developments which have already completed
their final pUblic hearing and SEPA review process.
c.Developments which are categorically exempt
under SEPA (for purposes of this Ordinance,said
exemption is hereby revoked for any developments which
discharge wastewater into the city's sewer system).
d.
rezones,
land use
Non-project activities such as generic
annexations of areas already within RUSA,and
and utility comprehensive plan amendments.
e.Construction of pUblic facilities and
infrastructure by a governmental agency.
f.Development activities which are granted
variances pursuant to section 5 below.
ORDINANCE - 5
section 4.Administrative Determinations.Administrative
determinations regarding the interpretation and application of
this Ordinance shall be made by the Director of the Department of
Public Works.Any aggrieved party may appeal such a deter-
mination to the City Council by filing a Notice of Appeal with
the City Clerk within 10 days after the date of the deter-
mination.The City Council shall consider the appeal at a pUblic
meeting within 30 days thereafter.The decision of the City
Council shall be final.
section 5.Variances.The city Council shall have author-
ity to grant variances from any and all provisions of this
Ordinance.The procedures and application fees specified in
section 14.32.060(d)of the Marysville Municipal Code shall
apply.The grounds for a variance from this Ordinance shall be:
a.Unique hardship status which was not self-
generated;or
b.Elimination of existing health hazards;and
c.No significant generation of sewage effluent;and
d.No material detriment to pUblic health or welfare
or to the environment.
a pUblic emergency
public health.The
F.w,~",-""r-'j'::lIP
section 6.Effective Date.This is
Ordinance necessary for the protection of
effective date of this Ordinance shall be ~~~~~~~~~__
1990.
section 7.Duration.This Ordinance shall automatically
terminate,and be of no further force or effect,on S~~t~~~~r
II IQqO unless extended by action of the City Council following
pUblic notice and hearing.
PASSED by the city
:2 to 'f<-.day of F"e-b,."-e-f"J
Council and APPROVED by the Mayor this
,1990.
Attest:
~~RK
CITY OF MARYSVILLE
ByIJ;J.~YOR
ORDINANCE - 6
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Approved as to form:
B~0;-tLJ1,e ~g_r:2':lV·"L-CITY ATTO~
Date of Publication:
ORDINANCE - 7