H-2211              _______________________________________________

                                          SUBSTITUTE HOUSE BILL NO. 1979

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State of Washington                               51st Legislature                              1989 Regular Session

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

Read first time 3/1/89.

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.  Section 35.21.210, chapter 7, Laws of 1965 and RCW 35.21.210 are each amended to read as follows:

          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.

Any city or town that is operating a system or systems of sewers beyond the corporate limits of the city or town, after receiving the approval of the county legislative authority of the county in which the property is located, may compel the owners of property that is 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.  In case the owners of the property fail to make such connections within the time fixed by the city or town, it may cause such connections to be made and assess against the property served the costs and expenses thereof.  Such connection may only be compelled after a finding that on-site sewage systems degrade the water quality of the region's surface waters or ground water.

        Sec. 2.  Section 35A.21.150, chapter 119, Laws of 1967 ex. sess. and RCW 35A.21.150 are each amended to read as follows:

          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.

Any city that is operating a system or systems of sewers beyond the corporate limits of the city, after receiving the approval of the county legislative authority of the county in which the property is located, may compel the  owners of property that is 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.  In case the owners of the property fail to make such connections within the time fixed by the city, it may cause such connections to be made and assess against the property served the costs and expenses thereof.  Such connection may only be compelled after a finding that on-site sewage systems degrade the water quality of the region's surface waters or ground water.