Title 36 — Title 36 COUNTIES
97 chapters · 1,831 sections in this title.
RCW 36.94.010 Definitions.
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As used in this chapter:(1) A "system of sewerage" means and may include any or all of the following:(a) Sanitary sewage collection, treatment, and/or disposal facilities and services, including without limitation on-site or off-site sanitary sewerage facilities, large on-site se…
RCW 36.94.020 Purpose—Powers.
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The construction, operation, and maintenance of a system of sewerage and/or water is a county purpose. Subject to the provisions of this chapter, every county has the power, individually or in conjunction with another county or counties to adopt, provide for, accept, establish, c…
RCW 36.94.030 Adoption of sewerage and/or water general plan as element of comprehensive plan.
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Whenever the county legislative authority deems it advisable and necessary for the public health and welfare of the inhabitants of the county to establish, purchase, acquire, and construct a system of sewerage and/or water, or make any additions and betterments thereto, or extens…
RCW 36.94.040 Incorporation of provisions of comprehensive plan in general plan.
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The sewerage and/or water general plan must incorporate the provisions of existing comprehensive plans relating to sewerage and water systems of cities, towns, municipalities, and private utilities, to the extent they have been implemented.[ 1990 1st ex.s. c 17 s 33; 1967 c 72 s …
RCW 36.94.050 Review committee—Composition—Submission of plan or amendment to.
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Prior to the adoption of or amendment of the sewerage and/or water general plan, the county legislative authority (or authorities) shall submit the plan or amendment to a review committee. The review committee shall consist of:(1) A representative of each city with a population o…
RCW 36.94.060 Review committee—Chair, secretary—Rules—Quorum—Compensation of members.
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The members of each review committee shall elect from its members a chair and a secretary. The committee shall determine its own rules and order of business and shall provide by resolution for the time and manner of its proceedings which shall be a public record. A majority of al…
RCW 36.94.070 Review committee—Review of plan or amendments thereto—Report.
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The committee shall review the sewerage and/or water general plan or amendments thereto and shall report to the board or boards of county commissioners within ninety days their approval or any suggested amendments, deletions, or additions. If the committee shall fail to report wi…
RCW 36.94.080 Hearing by board—Notice—Filing general plan.
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Before final action thereon the board shall conduct a public hearing on the plan after ten days published notice of hearing is given pursuant to RCW 36.32.120(7). The notice must set out the full official title of the proposed resolution adopting the plan and a statement describi…
RCW 36.94.090 Adoption, amendment or rejection of plan.
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At the hearing, the board may adopt the plan, or amend and adopt the plan, or reject any part or all of the plan.[ 1967 c 72 s 9.]
RCW 36.94.100 Submission of plan or amendments thereto to certain state departments—Approval.
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Prior to the commencement of actual work on any plan or amendment thereto approved by the board, it must be submitted for written approval to the Washington department of social and health services and to the Washington department of ecology.[ 1971 ex.s. c 96 s 5; 1967 c 72 s 10.…
RCW 36.94.110 Adherence to plan—Procedure for amendment.
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After adoption of the sewerage and/or water general plan, all municipal corporations and private utilities within the plan area shall abide by and adhere to the plan for the future development of their systems. A municipal corporation or private utility, including a wastewater co…
RCW 36.94.120 Establishment of department for administration of system—Personnel merit system.
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The board shall establish a department in county government for the purpose of establishing, operating and maintaining the system or systems of sewerage and/or water. In the department, the board shall establish and provide for the operation and maintenance of a personnel merit s…
RCW 36.94.130 Adoption of rules and regulations.
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The board of county commissioners may adopt by resolution reasonable rules and regulations governing the construction, maintenance, operation, use, connection and service of the system of sewerage and/or water.[ 1967 c 72 s 13.]
RCW 36.94.140 Authority of county to operate system—Rates and charges, fixing of—Factors to be considered—Assistance for low-income persons.
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(1) Every county, in the operation of a system of sewerage and/or water, shall have full jurisdiction and authority to manage, regulate, and control it. Except as provided in subsection (3) of this section, every county shall have full jurisdiction and authority to fix, alter, re…
RCW 36.94.145 Public property subject to rates and charges for stormwater control facilities.
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Except as otherwise provided in RCW 90.03.525, any public entity and public property, including the state of Washington and state property, shall be subject to rates and charges for stormwater control facilities to the same extent private persons and private property are subject …
RCW 36.94.150 Lien for delinquent charges.
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(1) All counties operating a system of sewerage and/or water shall have a lien for delinquent connection charges and charges for the availability of sewerage and/or water service, together with interest fixed by resolution at eight percent per annum from the date due until paid. …
RCW 36.94.160 Tax on gross revenues authorized.
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The county shall have the power to levy a tax on the system of sewerage and/or water operated by the county or counties as authorized by this chapter, not to exceed eight percent per annum, on the gross revenues, to be paid to the county's general fund for payment of all costs of…
RCW 36.94.170 Authority of municipal corporations—Relinquishment of.
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The primary authority to construct, operate and maintain a system of sewerage and/or water within the boundaries of a municipal corporation which lies within the area of the county's sewerage and/or water general plan shall remain with such municipal corporation. A county, after …
RCW 36.94.180 Transfer of system upon annexation or incorporation of area.
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In the event of the annexation to a city or town of an area, or incorporation of an area, in which a county is operating a sewerage and/or water system, the property, facilities, and equipment of such sewerage and/or water system lying within the annexed or incorporated area may …
RCW 36.94.190 Contracts with other entities.
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Every county in furtherance of the powers granted by this chapter shall be authorized to contract with the federal government, the state of Washington, or any city or town, within or without the county, and with any other county, and with any municipal corporation as defined here…
RCW 36.94.200 Indebtedness—Bonds.
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The legislative authority of any county is hereby authorized for the purpose of carrying out the lawful powers granted by this chapter to contract indebtedness and to issue and sell general obligation bonds pursuant to and in the manner provided for general county bonds in chapte…
RCW 36.94.210 Pledge for payment of principal and interest on revenue or general obligation bonds.
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The board of county commissioners of any county in adopting and establishing a system of sewerage and/or water may set aside into a special fund and pledge to the payment of the principal and interest due on any county revenue bonds or general obligation bonds any sums or amounts…
RCW 36.94.220 Local improvement districts and utility local improvement districts—Establishment—Special assessments.
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(1) A county shall have the power to establish utility local improvement districts and local improvement districts within the area of a sewerage and/or water general plan and to levy special assessments under a mode of annual installments extending over a period not exceeding twe…
RCW 36.94.225 Exemption of farm and agricultural land from special benefit assessments.
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See RCW 84.34.300 through 84.34.380 and 84.34.922.
RCW 36.94.230 Local improvement districts and utility local improvement districts—Initiation of district by resolution or petition—Publication—Notice to property owners—Contents.
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Utility local improvement districts and local improvement districts to carry out all or any portion of the general plan, or additions and betterments thereof, may be initiated either by resolution of the county legislative authority or by petition signed by the owners according t…
RCW 36.94.232 Local improvement districts and utility local improvement districts—Notice must contain statement that assessments may vary from estimates.
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Any notice given to the public or to the owners of specific lots, tracts, or parcels of land relating to the formation of a local improvement district or utility local improvement district shall contain a statement that actual assessments may vary from assessment estimates so lon…
RCW 36.94.235 Local improvement districts and utility local improvement districts—Sanitary sewer or potable water facilities—Notice to certain property owners.
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Whenever it is proposed that a local improvement district or utility local improvement district finance sanitary sewers or potable water facilities, additional notice of the public hearing on the proposed improvement district shall be mailed to the owners of any property located …
RCW 36.94.240 Local improvement districts and utility local improvement districts—Hearing—Improvement ordered—Divestment of power to order, time limitation—Assessment roll.
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Whether the improvement is initiated by petition or resolution, the county legislative authority shall conduct a public hearing at the time and place designated in the notice to the property owners. At this hearing the authority shall hear objections from any person affected by t…
RCW 36.94.250 Local improvement districts and utility local improvement districts—Notice of filing roll—Hearing on protests.
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Before the approval of the roll a notice shall be published once a week for two consecutive weeks in a newspaper of general circulation in the local district, stating that the roll is on file and open to inspection in the office of the county legislative authority, and fixing the…
RCW 36.94.260 Local improvement districts and utility local improvement districts—Hearing on protests—Order—Appeal.
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(1) At such hearing on a protest to an assessment, or any adjournment thereof, the county legislative authority or committee or officer shall sit as a board of equalization. If the protest is heard by the county legislative authority, it shall have power to correct, revise, raise…
RCW 36.94.270 Local improvement districts and utility local improvement districts—Enlarged local district may be formed.
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If any portion of the system after its installation in such local district is not adequate for the purpose for which it was intended, or that for any reason changes, alterations, or betterments are necessary in any portion of the system after its installation, then such district,…
RCW 36.94.280 Local improvement districts and utility local improvement districts—Conclusiveness of roll when approved—Adjustments to assessments if other funds become available.
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Whenever any assessment roll for local improvements has been confirmed by the county legislative authority, the regularity, validity and correctness of the proceedings relating to the improvement and to the assessment therefor, including the action of the county legislative autho…
RCW 36.94.290 Local improvement districts and utility local improvement districts—Appellate review.
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The decision of the board of county commissioners upon any objections made within the time and in the manner herein prescribed, may be reviewed by the superior court upon an appeal thereto taken in the following manner. Such appeal shall be made by filing written notice of appeal…
RCW 36.94.300 Local improvement districts and utility local improvement districts—Segregation of special assessment—Fee—Costs.
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Whenever any land against which there has been levied any special assessment by a county shall have been sold in part or subdivided, the board of county commissioners of such county shall have the power to order a segregation of the assessment.Any person desiring to have such a s…
RCW 36.94.305 Service fees for sewers not constructed within ten years after voter approval—Credit against future assessments, service charges.
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See RCW 35.43.260.
RCW 36.94.310 Transfer of system from municipal corporation to county—Authorized.
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Subject to the provisions of RCW 36.94.310 through 36.94.350 a municipal corporation may transfer to the county within which all of its territory lies, all or part of the property constituting its system of sewerage, system of water or combined water and sewerage system, together…
RCW 36.94.320 Transfer of system from municipal corporation to county—Assumption of indebtedness.
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In consideration of a transfer of property by a municipal corporation to a county in the manner provided in RCW 36.94.310 through 36.94.350, a county may assume and agree to pay or provide for the payment of all or part of the indebtedness of a municipal corporation including the…
RCW 36.94.330 Transfer of system from municipal corporation to county—Transfer agreement.
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The governing body of a municipal corporation proposing to transfer all or part of its property to a county in the manner provided by RCW 36.94.310 through 36.94.350 and the legislative authority of a county proposing to accept such property, and to assume if it so agrees any ind…
RCW 36.94.340 Transfer of system from municipal corporation to county—Petition for court approval of transfer—Hearing—Decree.
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When a municipal corporation and a county have entered into a written agreement providing for the transfer to such county of all or part of the property of such municipal corporation, proceedings may be initiated in the superior court for that county by the filing of a petition t…
RCW 36.94.350 Transfer of system from municipal corporation to county—Dissolution of municipal corporation.
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In the event the agreement of the parties provides for the transfer to the county of all the property of the municipal corporation or all such property except bond redemption funds in the possession of the county treasurer from which outstanding bonds of the municipal corporation…
RCW 36.94.360 Transfer of system from municipal corporation to county—RCW 36.94.310 through 36.94.350 deemed alternative method.
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The provisions of RCW 36.94.310 through 36.94.350 shall be deemed to provide an alternative method for the doing of the things therein authorized and shall not be construed as imposing any additional conditions upon the exercise of any other powers vested in municipal corporation…
RCW 36.94.370 Waiver or delay of collection of tap-in charges, connection or hookup fees for low income persons.
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Whenever a county waives or delays collection of tap-in charges, connection fees or hookup fees for low income persons, or class of low income persons, to connect to a system of sewerage or a system of water, the waiver or delay shall be pursuant to a program established by ordin…
RCW 36.94.380 Local improvement bonds—Local improvement guaranty fund—Payments—Assessments—Certificates of delinquency.
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Every county adopting a water and/or sewerage general plan is hereby authorized to create a fund for the purpose of guaranteeing, to the extent of such fund, and in the manner hereinafter provided, the payment of all of its local improvement bonds issued, subsequent to May 19, 19…
RCW 36.94.390 Local improvement bonds—Local improvement guaranty fund—Subrogation—Interest—Purchase of real property at foreclosure sales.
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Whenever there is paid out of a guaranty fund any sum on account of principal or interest upon the local improvement bond, or on account of purchase of certificates of delinquency, the county, as trustee for the fund, shall be subrogated to all rights of the holder of the bonds, …
RCW 36.94.400 Local improvement bonds—Local improvement guaranty fund—Claims by bondholders—Transfer of cash balance to water and/or sewer maintenance fund.
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Neither the holder nor the owner of any local improvement bonds guaranteed under the provisions of RCW 36.94.380 through 36.94.400 has any claim therefor against the county by which the bonds are issued, except for payment from the special assessments made for the improvement for…
RCW 36.94.410 Transfer of system from county to water-sewer district.
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A system of sewerage, system of water or combined water and sewerage systems operated by a county under the authority of this chapter may be transferred from that county to a water-sewer district in the same manner as is provided for the transfer of those functions from a water-s…
RCW 36.94.420 Transfer of system from county to water-sewer district—Annexation—Hearing—Public notice—Operation of system.
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If so provided in the transfer agreement, the area served by the system shall, upon completion of the transfer, be deemed annexed to and become a part of the water-sewer district acquiring the system. The county shall provide notice of the hearing by the county legislative author…
RCW 36.94.430 Transfer of system from county to water-sewer district—Alternative method.
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The provisions of RCW 36.94.410 and 36.94.420 provide an alternative method of accomplishing the transfer permitted by those sections and do not impose additional conditions upon the exercise of powers vested in water-sewer districts and counties.[ 1999 c 153 s 49; 1984 c 147 s 3…
RCW 36.94.440 Transfer of system from county to water-sewer district—Decree by superior court.
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If the superior court finds that the transfer agreement authorized by RCW 36.94.410 is legally correct and that the interests of the owners of related indebtedness are protected, then the court by decree shall direct that the transfer be accomplished in accordance with the agreem…
RCW 36.94.450 Water conservation programs—Issuance of revenue bonds.
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A county engaged in the sale or distribution of water may issue revenue bonds, or other evidence of indebtedness in the manner provided by this chapter for the purpose of defraying the cost of financing programs for the conservation or more efficient use of water. The bonds or ot…