Constructing excess capacity for public sewer facilities within the County's Sewer Service Area can be an efficient way to provide public facilities and can provide a public benefit if the applicant makes a good faith effort to work within Sewer Code regulations. However, the Department may deny a request for a Latecomers Agreement if the applicant proposing the agreement is ineligible, fails to meet all requirements of Chapter 35.91 RCW, as now enacted or hereinafter amended, insists on terms that are unlawful or inequitable, or negotiates in bad faith.