Washington State

Office of the Attorney General

Attorney General

Bob Ferguson

AGO 1993 NO. 6 >

1.  Chapter 70.105 RCW requires local governments to adopt hazardous waste plans for the management of moderate-risk waste.  A local government can implement such plans through its board of health. 2.  A local health board can assess a fee against a sewer district for services the board performs in connection with the implementation of a local hazardous waste plan.  However, the fee must be no greater than the actual cost of providing the relevant services. 3.  The authority granted to the Department of Ecology to regulate hazardous waste does not preempt the authority of a local health board to adopt a local hazardous waste plan for the management of moderate-risk waste and to charge a fee in connection with the implementation of the plan.

AGO 1979 NO. 7 >

RCW 56.08.020 and RCW 56.16.030 apply to sewer districts and not to irrigation districts; therefore, once a sewer district has been merged into an irrigation district, those statutes no longer apply with regard to the extension of sewer service by the surviving irrigation district.

AGO 1972 NO. 16 >

(1) A sewer district may levy special assessments for local improvements against county-owned real property which is specially benefited by the improvements. (2) A county whose property has been placed on a sewer district's special assessment rolls is precluded from objecting to the inclusion of such property on the basis of an asserted lack of special benefit where it has failed to comply with the procedures set forth in chapter 56.20 RCW for raising this issue, notwithstanding its nonreceipt of actual notice of the contents of the assessment roll, where the notice required by RCW 56.20.040 was properly given by the district.

AGLO 1976 NO. 19 >

RCW 52.36.020, requiring contracts for fire protection services to other municipalities, is inapplicable to municipal property situated within an incorporated city or town even though such property is adjacent to a fire protection district.

AGLO 1978 NO. 31 >

Under the provisions of RCW 56.02.100 and related statutes, only persons who own land within a sewer district which proposes to merge with an irrigation district in which it is contained will be qualified to vote on the question; however, this requirement could be subject to a possible constitutional challenge.

AGLO 1978 NO. 36 >

Where a sewer district, acting through its governing board of commissioners, has elected to construct, maintain ad operate a water supply system in accordance with RCW 56.20.015 as amended by § 9, chapter 300, Laws of 1977, such sewer district is then authorized by RCW 56.08.010 to acquire by condemnation ". . . water supply lines located within [the] district and owned by a private water company."

AGLO 1979 NO. 41 >

Although RCW 65.08.170 requires a city, town, or other municipality (as defined in RCW 35.91.020) to record certain connection charges in the office in which deeds are recorded, neither that statute nor any other applicable law purports to set forth the legal consequences of a failure to comply or, specifically, to say that recording in any way affects the legality of those charges as between the municipality and those who tap in, or hook up, to and use the particular facilities in question; therefore, a person may not connect with or tap into sewer or water facilities without paying the connection fee even though such fee has not been recorded pursuant to RCW 65.08.170.

AGO 1963 NO. 55 >

(1) Property subject to a special assessment by a sewer district may be subdivided prior to the payment of the assessment and upon approval of the sewer district commissioners the total special assessment may be reapportioned and prorated to individual lots in the subdivision. (2) Same :  In cases where a sale of lots must be preceded by filing of the plats, or filing requirements are otherwise imposed, all special assessments on property which will become streets, alleys, and other public places must be paid.