H-2109.1          _______________________________________________

 

                            SUBSTITUTE HOUSE BILL 1654

                  _______________________________________________

 

State of Washington              52nd Legislature             1991 Regular Session

 

By House Committee on Environmental Affairs (originally sponsored by Representatives Rust and Horn).

 

Read first time March 5, 1991.Authorizing cities and towns to compel county residents to hook up to sewer systems.


     AN ACT Relating to the authority of cities and towns with sewer systems extending beyond their limits to compel county residents to hook up to the system; and amending RCW 35.21.210 and 35A.21.150.

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

 

     Sec. 1.  RCW 35.21.210 and 1965 c 7 s 35.21.210 are each amended to read as follows:

     (1) Any city or town shall have power to provide for the sewerage, drainage and water supply thereof, and to establish, construct and maintain a system or systems of sewers and drains and a system or systems of water supply, within or without the corporate limits of such city or town, and to control, regulate and manage the same.

     (2) Any city or town that is operating a system or systems of sewers beyond the corporate limits of the city or town may compel owners of property located within two hundred feet of the city's or town's system of sewers to connect to the system and to use the same for proper purposes when:  (a) The county legislative authority of the county in which the property is located has approved, and (b) there is a finding by an appropriate local or state agency that the on-site sewage systems in the property owner's area degrade the water quality of the region's surface or ground water.

     (3) If the owners of the property fail to make the connection authorized in subsection (2) of this section within the time fixed by the city or town, the city or town may cause such connections to be made and assess the property served the costs and expenses thereof.

     (4)  Nothing in this section shall amend, limit, or otherwise affect the authority of a city or town to require annexation agreements for connection to its utility services by businesses or residents outside the corporate limits of a city or town.

 

     Sec. 2.  RCW 35A.21.150 and 1967 ex.s. c 119 s 35A.21.150 are each amended to read as follows:

     (1) The general law as contained in, but not limited to, chapter 35.67 RCW, relating to sewerage systems and the collection and disposal of refuse, the manner of providing therefor, and the issuance of general obligation or revenue bonds therefor, the establishment of a revenue bond fund in connection therewith, compulsory connection with a city sewer system, setting and collection of rates, fees, and charges therefor, and the existence, enforcement, and foreclosure of a lien for sewer services is hereby recognized as applicable to code cities operating systems of sewerage and systems and plants for refuse collection and disposal.  A code city may exercise the powers, in the manner provided, perform the duties, and shall have the rights and obligations provided in chapter 35.67 RCW, subject to the conditions and limitations therein provided.

     (2) Any city that is operating a system or systems of sewers beyond the corporate limits of the city may compel owners of property located within two hundred feet of the city's system of sewers to connect to the system and to use the same for proper purposes when:  (a) The county legislative authority of the county in which the property is located has approved, and (b) there is a finding by an appropriate local or state agency that the on-site sewage systems in the property owner's area degrade the water quality of the region's surface or ground water.

     (3) If the owners of the property fail to make the connection authorized in subsection (2) of this section within the time fixed by the city, the city may cause such connections to be made and assess the property served the costs and expenses thereof.

     (4) Nothing in this section shall amend, limit, or otherwise affect the authority of a city to require annexation agreements for connection to its utility services by businesses or residents outside the corporate limits of a city.