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Utilities Technical Review Committee

The Utilities Technical Review Committee reviews water and sewer utility comprehensive plans to make sure they are consistent with adopted county plans, policies, and land use controls. The committee then makes recommendations to the King County Executive and King County Council about whether to approve the plans.

The Utilities Technical Review Committee makes sure King County’s plans and policies are carried out in water and sewer utility development. Its roles include...

  • Notifying tribal governments about actions that fall within the committee's authority
  • Reviewing requests for annexations and franchise applications
  • Review and recommendation of water and sewer planning documents
  • Reviewing and making required findings regarding site-specific development issues (e.g., proposals to extend sewer lines into rural areas)
  • Hearing appeals on water utility service proposals (i.e., "timely and reasonable" water service)
  • Generally fulfilling the county's responsibilities under a variety of other water and sewer planning and management provisions of state law (e.g., Public Water System Coordination Act, Growth Management Act).


King County's role in local governance and utility oversight has evolved, and will continue to evolve, for many reasons. One is that incorporations and annexations in King County over the past decade have significantly reduced the geographic area over which the county has direct land use permitting responsibility. The development and maturity of local government planning under the Growth Management Act has also reduced the magnitude of uncoordinated planning for utility service delivery.
 

 

Committee

King County Code (KCC 13.24.080) grants authority for the creation and composition of the committee, whose eight members are appointed by the director of each of the following county agencies:

  • Natural Resources and Parks
  • King County Permits
  • Public Health – Seattle and King County
  • Executive Services – Facilities Management
  • King County Council staff
  • King County Demographer

Members

Dan Cardwell
Committee Chair
King County Permits
dcardwell@kingcounty.gov
206-263-3733

 

Janel London
King County Road Services
Managing Engineer
janel.london@kingcounty.gov
206-477-3545

Mark Lampard
Natural Resources and Parks
Wastewater Engineer IV
mark.lampard@kingcounty.gov
206-477-5414

 

Ty Peterson
King County Permits
Product Line Manager – Commercial
ty.peterson@kingcounty.gov
206-477-0449

Lynn Schneider
Public Health – Seattle and King County
Health and Enviornmental Investigator
Lynn.Schneider@kingcounty.gov
206-477-2124

 

Michael Kulish
Executive Services – Facilities Management
Real Estate Services Supervisor
Michael.Kulish@kingcounty.gov
206-477-9375

Andy Micklow
King County Council
Legislative Analyst
Andy.Micklow@kingcounty.gov
206-263-3266

 

Rebeccah Maskin
Executive Services
King County Demographer
Rebeccah.Maski@kingcounty.gov
206-263-0380

Water and wastewater plan review process

Utilities submit water system and wastewater comprehensive plans to the King County Utilities Technical Review Committee. The committee reviews these plans for consistency with the King County Code and Comprehensive Plan, and makes a recommendation on plan consistency to the King County Council.

 

Water plan process

King County's authority for water system plan review is based on King County Code (KCC 13.24) for utilities wishing to get and/or distribute water in unincorporated King County and/or on Title 57 Revised Code of Washington for special purpose districts.

The Utilities Technical Review Committee's water system plan review guide (linked below) helps utility service providers and the committee to check whether the plan is consistent with King County Code. The issues laid out in the Guidance Document will be the focus of King County's plan review.

The process for approving a water system plan has three phases.

  1. The Utilities Technical Review Committee works with the utility
  2. The King County Executive transmits an ordinance to the County Council recommending that they approve the plan
  3. The King County Council reviews and takes action on the proposed ordinance

The committee strives to do timely and predictable reviews and make recommendations to utilities about their plans. County staff will attend Washington State Department of Health pre-planning meetings to be sure that the county's interests are communicated to the public water system utility early in their plan development, and also to get a current understanding of any issues the public water system is facing. King County Code (KCC 13.24) and the King County Comprehensive Plan provide the criteria for plan approval. The guide linked above outlines the code or comprehensive plan subject and/or issues that members of the committee look for in a water system plan. After receiving a proposed plan, the committee reviews it and sends a letter to the utility within 90 days, outlining any questions or comments the committee has about the plan.

After the utility has had an opportunity to consider and respond to the committee's comment letter, the committee will invite a utility representative to the next Utilities Technical Review Committee meeting, where the utility's proposed plan will be discussed and potentially recommended for approval by the King County Council. After the committee recommends approval of a plan to the County Council, the committee prepares a legislation package containing an ordinance for the council to consider. If the council approves the ordinance, and the Executive signs it, a copy of the final ordinance will be sent to the utility.

 

Wastewater plan process

King County's authority for wastewater or sewer system plan review is based on King County Code (KCC 13.24, KCC 28.84.050.E) and/or Title 57 RCW for special purpose districts. Wastewater system plans are approved by King County if the utility:

  • provides wastewater collection or treatment in unincorporated areas of King County;
  • is a component agency of the regional wastewater system; or
  • is a district organized under Title 57 RCW

The Guidance Document for King County's review of Wastewater System Plans (see link below) assists utility service providers and the UTRC in verifying that the plan is consistent with the KCC. The issues in the Guidance Document are the focus of King County's plan review.

Guidance Document for King County's Review of Wastewater System Plans

Working with the utility and the draft plan, the Utilities Technical Review Committee reviews the plan to make sure that wastewater management in King County meets the requirements of the King County Code and other applicable statutory requirements, and is consistent with the King County Comprehensive Plan. The Director of the Department of Local Services, or their designee, is responsible for the approvals required by RCW 57.16.010. All other plans are approved by a King County Council ordinance.

Once the plan has been received, it is reviewed by the Utilities Technical Review Committee. Within 90 days of plan receipt, a letter will be sent to the utility outlining the committee's comments and/or questions regarding the plan.

After the utility has had an opportunity to consider and respond to the Utilities Technical Review Committee's comment letter, the utility representatives will be invited to the next committee meeting where the plan will be discussed and recommended for approval. After that, the committee prepares and the Executive transmits an ordinance package for the King County Council to consider. After the council approves the legislation and the Executive signs it, a copy of the final ordinance will be sent to the utility.

Ordinances can be found online at King County Legislation

Water appeal process

Under the Public Water System Coordination Act of 1977, King County established four Coordination Water System Plans to manage future development of public water supply. The county's priority and policy framework is for development within a water utility retail service area to get water service from that utility. An appeals process was developed to resolve issues related to implementing the plans. Issues subject to resolution include interpretation and application of water utility service area boundaries, proposed schedule for providing service, conditions of service (excluding published rates and fees), annexation provisions imposed as a condition of service, and established minimum design standards.

You must live within the Coordination Water System Plan(s) service area to file a timely and reasonable water service appeal. Within established city limits (incorporated areas), the Coordination Water System Plans utility service area review process does not apply for water service from the city. For appeals under the Coordinated Water System Plans for timely and reasonable water service, use this form. The most common appeal involves timely and reasonable water service, and the form focuses on that type of appeal. However, the form can be used for any appeal under the Public Water System Coordination Act of 1977.

Before filing an appeal with the county, use the utility's dispute resolution process outlined in their water system plan. If the project proponent is still not satisfied, they can submit a timely and reasonable water service appeal to the King County Utilities Technical Review Committee. Other options may include an appeal to the Washington State Department of Health or Superior Court.

To begin an appeal to the committee, submit a Notice and Statement of Appeal along with the appeal fee. The utility that issued the Certificate of Water Availability that is the subject of the appeal will generally file a Response to Notice and Statement of Appeal. The record will also include the county's policies and code for water supply.

Next steps

The Coordination Water System Plan’s specific Regional Water Association is given an opportunity by the Utilities Technical Review Committee for fact finding and facilitation of a resolution. A Regional Water Association was established during the development of each Coordination Water System Plan, and these have an ongoing function of Coordination Water System Plan implementation. If the appeal is not resolved, the Regional Water Association makes a recommendation to the King County Utilities Technical Review Committee regarding whether the offer of service as documented on the Certificate of Water Availability is timely and/or reasonable. The association then has 45 days to take action.

If the Regional Water Association is unsuccessful in resolving the appeal, the Utilities Technical Review Committee will establish a calendar schedule for filing arguments or positions, consider the written record, and issue a Record of Decision on the appeal. The written record should include the information and evidence contained in the Notice and Statement of Appeal to support the appellant’s position, information from the utility that issued the Certificate of Water Availability in the Response to the Notice and Statement of Appeal; the county's legal and policy framework for water supply; and the Regional Water Authority’s recommendation. The Utilities Technical Review Committee standard for review of the information is a preponderance of the evidence. The committee will issue a Recommendation and Record of Decision on the appeal within 30 days from when the written record is complete. The committee’s decision is final unless appealed to the King County Hearing Examiner.

Wastewater appeal process

King County Code (KCC13.24.136.B) requires all new development within the Urban Growth Area to dispose of wastewater in the sewer system. On-site sewage treatment and disposal systems in urban zoning are allowed in very limited circumstances (only for single-family residences or for short subdivisions), and only on an interim basis. The decision to approve an on-site sewage system for a single-family residence in the urban area is made by the King County Permits manager or their designee. For short subdivisions the Utilities Review Technical Committee must verify that sewer service is not available in a timely and reasonable manner for property in the Urban Growth Area.

Next steps

Use this form to start a sewer service review by the Utilities Technical Review Committee.

After receiving the completed form with any attachments and a $250 fee, the committee will contact the wastewater service provider to get their perspective. The utility that issued the certificate of sewer availability that is the subject of the appeal will generally file a response to the appeal. The committee will establish a calendar schedule for filing arguments or positions, consider the written record, and issue a decision on the appeal. The written record should include the information and evidence contained in the Request to Determine if Sewer Service is Available in a Timely and Reasonable Manner information provided by the utility that issued the certificate of sewer availability and the legal and policy framework of the county for wastewater management. The committee's standard for review of the information is a preponderance of the evidence. The committee will issue a Recommendation and Record of Decision on the appeal within 30 days from when the written record is complete. The committee's decision is final unless appealed to the King County Hearing Examiner.

Coordinated Water System Plans (CWSP)

The Public Water System Coordination Act of 1977, Chapter 70.116 of the Revised Code of Washington (RWC) provides for the establishment of critical water supply service areas related to water utility planning and development. Chapter 70.116 RCW also provides for the development of minimum planning and design standards for critical water supply service areas to ensure that water systems development in these areas are consistent with regional needs. King County passed ordinances ratifying four CWSPs: East King County (Ordinance 9462), Skyway (Ordinance 9332), South King County (Ordinance 9461) and Vashon (Ordinance 9839). Implementation of the CWSPs is done by several departments in the County. The UTRC's role is to hear and make decisions on those CWSP issues subject to appeal including, but are not limited to, the following:

  • Interpretation and application of water utility service area boundaries;
  • Proposed schedule for providing service;
  • Conditions of service, excluding published rates and fees;
  • Annexation provisions imposed as a condition of service, unless existing authorities of city government under a CWSP are altered through an interlocal agreement between a city and King County or as specifically authorized by Chapter 70.116 RCW; and
  • Established minimum design standards.

The CWSP appeal process does not apply to water service from a city within the established city limits incorporated areas. It does apply, however, for service from a city outside the city corporate limits.

East King County CWSP

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