HOUSE BILL REPORT

SHB 1979

BYHouse Committee on Local Government (originally sponsored by Representatives Haugen, Wood and Cooper)

Authorizing cities and towns to compel sewer hookups with regard to property outside of city or town boundaries.

House Committe on Local Government

Majority Report:  The substitute bill be substituted therefor and the substitute bill do pass.  (13)

      Signed by Representatives Haugen, Chair; Cooper, Vice Chair; Ferguson, Ranking Republican Member; Horn, Nealey, Nelson, Nutley, Phillips, Raiter, Rayburn, Todd, Wood and Zellinsky.

Minority Report:  Do not pass.  (1)

      Signed by Representative Wolfe.

House Staff:Steve Lundin (786-7127)

AS PASSED HOUSE JANUARY 22, 1990

BACKGROUND:

Several statutes authorize cities and towns to provide sewer and water systems both inside and outside of their boundaries.  A separate statute authorizes cities and towns to compel the owners of private drains and sewers located within the areas that are served by a city or town sewerage system to connect the drains or sewers to the city or town system, under such penalties as the city or town may establish.

Courts normally construe the extra-territorial authorities of local governments very narrowly.

SUMMARY:

A city or town that operates sewers beyond its boundaries is authorized to compel the owners of property that is located within 200 feet of the city's or town's system of sewers to connect their property to the system of sewers, and use the system of sewers, if approval is given by the county legislative authority.  Such connections may be compelled only after a finding that on-site sewage systems degrade the water quality of the region's surface or ground water.  If a property owner fails to make such connections within the time fixed by the city or town, the city or town may cause the property to be connected and assess the property owner for the connection cost.

Fiscal Note:      Not Requested.

House Committee ‑ Testified For:    Ed Thorpe, Coalition for Clean Water; Kathleen Collins, Association of Washington Cities.

House Committee - Testified Against:      No one.

House Committee - Testimony For:    Sewer districts already have these powers.  This is very limited.  A finding of water quality problems must be made by the county before such powers can be exercised.  Raw sewage is running down some ditches in some areas.

House Committee - Testimony Against:      None.