Utilities Technical Review Committee

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

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 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.