Chapter 13.12WATER REGULATIONS

Sections:

13.12.005
Definitions.
13.12.010
Applications.
13.12.015
Service pipes – Arrangement.
13.12.016
Cross-connection prevention.
13.12.020
Service pipes – Placement and size.
13.12.030
Premises to be kept open to inspection.
13.12.035
Defacing service equipment.
13.12.040
Meters property of city.
13.12.050
Repair of service pipes – Owner’s responsibility.
13.12.060
Extension of water mains.
13.12.070
Existing hookups.
13.12.080
Collection of charges.
13.12.090
Auxiliary potable services.
13.12.100
Rates and charges.
13.12.105
Reinstitution charge.
13.12.110
Defective equipment.
13.12.115
Petition for and relief from water bill.
13.12.120
Turning off water and making connections – Written permission required.
13.12.130
Access for purpose of inspection.
13.12.140
Water accounts kept in property owner’s name.
13.12.150
Water shortages – City’s rights in case of.
13.12.160
Water use during fires.
13.12.170
Regulation of water use by meter installation.
13.12.180
Amendment of rules and regulations.
13.12.190
Open hoses and sprinkler head provisions.
13.12.200
Low income senior citizens – Reduced rates.
13.12.210
Violation – Penalty.
13.12.005Definitions.

The following words, as used in this chapter, shall have the following meanings:

A. “Outside the city limits” means and relates to territories situated beyond the corporate limits of the city of Cle Elum.

B. “Person” means and includes natural persons of either sex, associations, copartnerships and incorporations, whether acting by themselves or by a servant, agent or employee. The single number shall be held to include the plural and the masculine pronoun to include the feminine.

C. “Premises” when used in reference to residence means a single-dwelling unit.

D. “Utility superintendent” means the utility superintendent of the city of Cle Elum.

(Ord. 776 § 1, 1981)

13.12.010Applications.

A. An application for the use of water must be made on printed forms to be furnished at the office of the city clerk for each water service. The application must state fully all purposes for which city water is to be used and the applicant shall agree to conform to all rules and regulations pertaining to the usage of city water.

B. All new service connections shall be metered. Water shall be furnished at meter rates, which will be no less than the established minimum charge per month. The meters, meter boxes, valves and service line from the main to the meter shall remain the property of the city.

C. No user of water is entitled to use water other than for the purposes stated in the application form.

D. No person will be allowed to make connections with city water mains, or make alterations in any pipe, connect any disconnected pipe or turn connections on or off without permission of the utility superintendent.

(Ord. 776 § 2, 1981)

13.12.015Service pipes – Arrangement.

A. Service pipes must be so arranged so as a water supply to each separate house or premises may be controlled by a separate stopcock placed within and near the line of the street curb.

B. Where water is now supplied through one service to several houses, families or persons, the city may, at its discretion, either decline to furnish water until separate services are provided, or may continue the supply on the condition that one person shall pay for all in the same service.

(Ord. 776 § 3, 1981)

13.12.016Cross-connection prevention.

A. The city is required to eliminate or control all cross-connections throughout its service area. Therefore, anyone wanting or using water from the city is required to comply with these regulations. The owner of the property in which a cross-connection occurs is fully responsible for all damages incurred.

B. The city superintendent will enforce the provisions of this section. The city superintendent may delegate responsibilities to a certified cross-connection control specialist/inspector. The provisions of this section may supersede state regulations but in no case shall they be less stringent. All approved standards shall be approved by the city and the city superintendent. All back-flow-prevention assemblies required by this section shall be a model approved by the Kittitas County department of health. Approved backflow prevention assemblies required by this section shall be installed under the direction of the city superintendent and/or under the supervision of the cross-connection specialist/inspector utilizing the city standards.

C. All RPBAs, RPDAs, DCVAs, DCDAs and PVBAs are required to be tested at least annually and all air gaps installed in lieu of an approved backflow prevention assembly shall be inspected at least annually. Completed test reports shall be returned to the city within thirty days after receipt of the yearly test notification. Tests and inspections may be required on a more frequent basis at the discretion of the city superintendent.

D. Authorized employees of the city with proper identification shall have free access at reasonable hours of the day to all parts of a premises or within buildings to which water is supplied. Water service shall be refused or terminated to any premises for failure to allow necessary inspections.

E. Failure of the customer to cooperate in the installation, maintenance, repair, inspection or testing of backflow prevention assemblies required by this section shall be grounds for termination of water services to the premises or the requirement for an air gap separation.

F. As used in this section, the following words shall have the following meanings:

“Air gap (AG)” means the vertical physical separation between the free-flowing discharge end of the potable supply line and the overflow rim of the receiving vessel. This separation must be at least twice the inside diameter of the supply line, but never less than one inch. When located near walls, the air gap separation must be increased.

“Approval/approved” means approved in writing by the Kittitas County health department or other agency having jurisdiction.

“Atmosphere vacuum breaker (AVB)” means a device which contains a float check (poppet), a check seat and air inlet vent. When water pressure is reduced to a gauge pressure of zero or below, air enters the device, preventing backsiphonage. It is designed to protect against backsiphonage only.

“Auxiliary water supply” means any water supply on, or available to, a premises other than the city’s approved public potable water supply.

“Auxiliary water supply – approved” means an auxiliary water supply which has been investigated and approved by the Kittitas County health department, meets water quality regulations, and is accepted by the city.

“Auxiliary water supply – unapproved” means an auxiliary water supply which is not approved by the health authority.

“Backflow” means the flow of water or other liquids, gases or solids from any source back into the distribution piping of the public potable supply system.

“Backflow prevention assembly” means an assembly which prevents the backflow of water or other liquids, gases or solids into the city’s potable water supply and appears on the Kittitas County department of health’s “approved” list.

“Backflow prevention device” means a device which prevents the backflow of water or other liquids, gases or solids into the city’s potable water supply and does not appear on the Kittitas County department of health’s “approved” list.

“Backpressure” means water pressure which exceeds the operating pressure of the public potable water supply.

“Backsiphonage” means backflow due to a negative or reduced pressure within the public potable water supply.

“Barometric loop (BL)” means a loop of pipe rising at least thirty-five feet at its uppermost point, above the highest point on the downstream piping.

“Certified backflow assembly tester” means a person who is certified by the Kittitas County department of health to test backflow prevention assemblies.

“Certified cross-connection control specialist/inspector” means person who is certified by the Kittitas County department of health, or other approval agency, to administer a cross-connection control program and to conduct cross-connection surveys.

“Confined space” means any space having a limited means of egress which is subject to the accumulation of toxic or flammable contaminants or any oxygen deficient atmosphere.

“Contamination” means an impairment of the quality of the potable water which creates an actual hazard to the public health through poisoning or through the spread of diseases by sewage, industrial fluids or waste. Also defined as high hazard.

“Critical level” means the point on a vacuum breaker which determines the minimum elevation above the flood level rim of the fixture or receptacle served at which the vacuum breaker may be installed.

“Cross-connection” means a point in the plumbing system where the public potable water supply is connected directly, or has the potential of being connected, to a source of nonpotable substance that is not a part of the public potable water supply.

“Double check detector assembly (DCDA)” means an approved assembly consisting of two approved double check valve assemblies, set in parallel, equipped with a meter on the bypass line to detect small amounts of water leakage or use. This unit must be purchased as a complete assembly. The assembly may be allowed on fire line water services in place of an approved double check valve assembly upon approval by the city superintendent.

“Double check valve assembly (DCVA)” means an approved assembly operating check valves, loaded to the closed position by springs or weights, and installed as a unit with, and between, two resilient seated shutoff valves and having suitable connections for testing.

“Flood level” means the highest level to which water, or other liquid, will rise within a tank or fixture (i.e., the overflow rim of the receiving vessel).

“Health authority” means the Kittitas County department of health or other appropriate state agency having jurisdiction.

“High hazard” means a physical or toxic hazard which could be detrimental to one’s health.

“In-plant protection” means the practice of installing backflow prevention assemblies at the point of hazard to protect one or more actual or potential cross-connections within a premises.

“Internally loaded check valve” means a check valve which is internally loaded, either by springs or weights, to the extent it will be drip-tight with a one psi differential in the direction of flow.

“Local enforcement authority” means an authorized agent of the regulatory authority and/or the city of Cle Elum.

“Low hazard” means a hazard which could cause aesthetic problems or have a detrimental effect on the quality of the public potable water supply.

“Nonpotable fluid” means any water, other liquid, gas or other substance which is not safe for human consumption, or is not a part of the public potable water supply as described by the Kittitas County health department.

“Pollution” means an impairment of the quality of the public potable water supply which does not create a hazard to the public health but which does adversely affect the aesthetic qualities of such potable waters for domestic use. Also defined as “low hazard.”

“Potable water” means water which is safe for human consumption, free from harmful or objectionable materials, as described by the Kittitas County health department.

“Premises isolation” means the practice of protecting the public potable water supply by installing backflow prevention assemblies at or near the point where water enters the premises. This type of protection does not provide protection to personnel on the premises.

“Pressure vacuum breaker assembly (PVBA)” means an approved assembly consisting of a spring loaded check valve loaded to the closed position, an independently operating air inlet valve loaded to the open position and installed as a unit with and between two resilient seated shutoff valves and with suitable connections for testing. It is designed to protect against backsiphonage only.

“Private hydrant” means any hydrant which is not owned, operated or maintained by the city.

“Process water” means water that is directly connected to, or could come in contact with, an extreme high hazard situation, and must never be consumed by humans.

“Reduced pressure backflow assembly (RPBA)” means an approved assembly consisting of two independently operating check valves, spring loaded to the closed position, separated by a spring loaded differential pressure relief valve loaded to the open position, and installed as a unit with and between two resilient seated shutoff valves and having suitable connections for testing.

“Reduced pressure detector assembly (RPDA)” means an approved assembly consisting of two approved reduced pressure backflow assemblies, set in parallel, equipped with a meter on the bypass line to detect small amounts of water leakage or use. This unit must be purchased as a complete assembly. The assembly may be allowed on fire line water services in place of an approved reduced pressure backflow assembly upon approval by the city.

“Used water” means any potable water which is no longer in the city’s distribution system. In most cases, the potable water has moved past (downstream of) the water meter and/or the property line.

(Ord. 938 § 1, 1991)

13.12.020Service pipes – Placement and size.

A. When an application for water service is approved, service pipe and connections from the main line to and including the stopcock and meter will be installed and maintained by the city water department, and shall be kept within the exclusive control of the city. The city will lay its connection to the premises upon payment of actual costs of installation plus ten percent.

B. No premises shall be allowed more than one service connection except for fire purposes, industrial or commercial usage, in which case each service shall be metered and paid for separately.

(Ord. 776 § 4, 1981)

13.12.030Premises to be kept open to inspection.

Agents of the city shall have access at all proper hours of the day for the purpose of inspecting the condition of the pipes and fixtures, the manner of water usage and reading water meter. Water users shall keep their premises adjacent to the water meter free of any material that would prevent meter access. In the event that the water meter is not accessible due to accumulation of debris or other causes, water service may be disconnected and not reconnected until inspection is permitted.

(Ord. 776 § 5, 1981)

13.12.035Defacing service equipment.

It is unlawful for any person to break, deface or damage any water meters, gate, pipe or water fixture or interfere with proper operation of any portion of the city water system. It is unlawful for any person to disconnect or remove any meter after installation unless the removal or disconnection is approved by the city.

(Ord. 776 § 6, 1981)

13.12.040Meters property of city.

All water meters shall be the property of the city and may be installed or removed only upon direction of the utilities superintendent.

(Ord. 776 § 7, 1981)

13.12.050Repair of service pipes – Owner’s responsibility.

The service pipe past the meter must be kept in repair by the owner, who shall repair any leaks promptly and shall be responsible for damages resulting from leaks or breaks.

(Ord. 776 § 8, 1981)

13.12.060Extension of water mains.

All persons desiring water main extensions maintained by the city shall be charged actual cost of materials, labor, equipment, benefits and overhead costs plus ten percent.

(Ord. 776 § 9, 1981)

13.12.070Existing hookups.

Water users hooked up prior to January 1st shall be allowed to use flat-rate monthly charges in lieu of metering. Upon any disruption or discontinuation of service metering may be required at the discretion of the city prior to reinstituting service. Service lines from property lines to city mains shall be maintained by the city water department who will use all diligence to prevent interruption of water service, but the city shall not be responsible for temporary water interruption due to breakage or freezing.

(Ord. 776 § 10, 1981)

13.12.080Collection of charges.

Water rates will be charged to customers on a monthly basis, and bills shall be payable upon receipt. Charges unpaid after thirty days shall incur interest penalty at the highest rate then permitted by law. The city shall have a lien on delinquent and unpaid charges for water, enforceable as provided by law. Whenever a city water customer is over sixty days delinquent in payment of its water bill, then the city shall undertake all acts necessary to disconnect service to that customer. The sixty days provided for in this section shall be calculated from the date that the bill is due, provided, however, that at least ten calendar days prior to the date on which the city intends to disconnect service, the city shall forward to the customer a notice advising of the city’s intent to disconnect service for nonpayment. Any notice sent to a customer advising of the intent to disconnect service shall inform the customer that in addition to the outstanding bill that would have to be paid in order to restore water service following disconnection, the customer will be charged a one hundred dollar connection fee in order to reconnect service. The cost of sending said notice shall be $10.00 plus the cost of sending a United States Postal Service Certified Letter. The same notice shall also advise the customer of the right to contest the validity of the bill, as well as the date on which payment must be made in order to avoid disconnection of service. Any writing which is forwarded to the customer shall contain a copy of the delinquent bill.

(Ord. 1422 § 1, 2014; Ord. 1312 § 1, 2009; Ord. 1122 § 1, 2000: Ord. 776 § 11, 1981)

13.12.090Auxiliary potable services.

Auxiliary potable services is the consumption of water that does not impact the sewer system in any manner. This includes, but is not limited to, irrigating and ice manufacturing. Any city water customer may elect to install a separate meter for an auxiliary potable service. The size of the meter will be at the user’s discretion. The expense of the installation, meter and meter box will be the sole responsibility of the customer and work must be performed by a city approved licensed and bonded contractor. If an existing system currently does not have a double check valve, one will be required.

The customer will receive a separate billing statement for the auxiliary meter. Auxiliary meters will be billed at a base rate of ten dollars per month, which includes the first one thousand two hundred cubic feet of water. Additional water usage will be billed at the existing incremental rates as described in Chapter 13.12.100, Section C of the Cle Elum Municipal Code.

Meters used for irrigation only will have a customer installed shut-off valve at the meter to be turned off during the winter months and shall not be billed the standby rate during the months of November 1st through April 30th, unless the customer turns on and uses the meters at any time during those months. Irrigation season is designated as May 1st through October 31st. There will be no administrative fee to turn the meter on in the spring and off in the fall if the customer chooses, but the city will not be responsible for system damage due to freezing. However, the meter will remain turned on during irrigation season and the base rate billed, regardless of use.

(Ord. 1312 § 2, 2009; Ord. 776 § 12, 1981)

13.12.100Rates and charges.

A. The city council may alter water rates and charges as set forth herein in the manner provided by law. Monthly rates and charges shall be as set forth by city council resolution.

B. All water rates and charges shall increase by three percent on December 31, 2015, and every December 31 thereafter as set forth by city council resolution.

(Ord. 1442 § 1, 2015; Ord. 1433 § 1, 2015; Ord. 1427 § 1, 2015; Ord. 1397 § 1, 2013; Ord. 1377 § 1, 2012; Ord. 1312 § 3, 2009; Ord. 1300 § 1, 2008; Ord. 1260 §§ 1, 2, 2006: Ord. 1202 § 1, 2003)

13.12.105Reinstitution charge.

A. As used in this section, “existing water connection” means any premises having a connection to the city water system, whether or not water is currently being furnished to such premises.

B. The city council has determined that there may be existing water connections for which the owner or a predecessor in interest to the owner has paid a connection charge for which premises no service charges have been paid as a result of the premises having voluntarily not utilized city water service. City water service will be reinstituted to the premises upon payment of the following amounts:

1. Monthly city water service charges from the date of interruption of water service or from October 1, 1992, whichever amount shall be lesser, together with a late fee of fifteen percent of the amount;

2. Actual costs incurred in reestablishing service, i.e., city crew, backhoe, and other actual expenses incurred in reestablishing service, together with fifteen percent of the amount representing city overhead;

3. Charges for acquisition and installation of a water meter to the premises, if the premises does not already have a water meter, together with fifteen percent representing city overhead.

C. The applicant must pay to the city at the time of application for renewed service an estimate of the amounts set forth above, which estimate shall be determined by the city clerk. Any amounts deposited in excess of actual costs of installation and reconnection together with city overhead shall be refunded to the applicant. In the event that actual cost of reconnection exceeds estimate, the applicant will be required to pay the difference prior to initiation of water service.

(Ord. 975 §§ 1, 2, 1992)

13.12.110Defective equipment.

A. Water will not be furnished where there are defective or leaking faucets or other water fixtures, and when such may be discovered, the supply will be withdrawn until proper repairs are made at property owner’s sole expense.

B. If any person allows any faucet or pipe to run open, not irrigating or sprinkling, he shall be in violation of this chapter. In addition to other penalties prescribed by this chapter, water shall be immediately turned off from the premises and will not be again restored until the penalties are paid.

(Ord. 776 § 14, 1981)

13.12.115Petition for and relief from water bill.

In the event any person is aggrieved by the amount of one hundred dollars or more in excess of the amount billed for monthly water service, he or she may, within fifteen days of the postmark on said bill, petition the city council in writing to the utilities clerk for a downward adjustment to his or her bill. Upon receipt of such petition, the utilities clerk shall notify the public works director and the utilities committee and schedule a meeting to consider the petition for downward adjustment. The utilities committee may consult with the city public works director or his designee regarding the matter and shall, upon deliberation and oral findings following the meeting, make a recommendation to the entire city council to grant a downward adjustment only upon good cause shown. No downward adjustment will be considered for leaks within the primary residential or commercial building; however, adjustment for leaks within crawl spaces may be considered on a case-by-case basis. Any bill granted a downward adjustment by the city council shall not exceed five hundred dollars in relief and shall be presented to the mayor for his signature on the face thereof. Notice of the reduction shall be provided in writing by the city to the customer. No ratepayer may petition the city council more than one time per twelve-month period for such a downward adjustment.

In the event that city-maintained water pipes prevent water service to a customer’s water meter due to cold or frozen weather for more than two days (forty-eight hours), the city council may, upon the recommendation of the city public works director and the utilities committee, provide equitable relief to the customer by crediting up to one month’s water fees which include water base rate fee, water reserve fee, and applicable water taxes for every two to thirty days of interrupted service, or multiples thereof. In the event any neighbor assists a customer with frozen, city-maintained water service by providing water through that neighbor’s meter (i.e., through the use of a hose or similar apparatus), that neighbor will be allocated double the volume of water in the base rate for the same period of interrupted service.

(Ord. 1464 § 1, 2017: Ord. 1312 § 4, 2009; Ord. 1158 § 1, 2001; Ord. 1122 § 2, 2000)

13.12.120Turning off water and making connections – Written permission required.

No person will be allowed to make any connection with the city main or to connect pipes when they have been disconnected or to turn off the water on any premises without written permission from the utilities superintendent.

(Ord. 776 § 15, 1981)

13.12.130Access for purpose of inspection.

Officers and employees of the city water department shall have free access at proper hours of the day to all parts of buildings in which water may be delivered from the city mains, for the purpose of inspecting the condition of pipes and fixtures, and the manner in which the water is used.

(Ord. 776 § 16, 1981)

13.12.140Water accounts kept in property owner’s name.

All accounts for water shall be kept in the name of the owner of the property, not in the name of the tenant, and the owner only, or his legally authorized agent, shall be responsible for water rates.

(Ord. 776 § 17, 1981)

13.12.150Water shortages – City’s rights in case of.

The city reserves the right in case of shortage of water, or for any other cause, to make any order forbidding the use of water for irrigation or sprinkling, and the use thereof in contravention of the order shall be a violation of this chapter.

(Ord. 776 § 18, 1981)

13.12.160Water use during fires.

No person shall use any water for irrigation or sprinkling during the progress of any fire in the city and all irrigation and sprinkling shall be immediately stopped when an alarm of fire is sounded in any part of the city, and shall not begin again until the fire has been extinguished. Use of water in violation of this section is a violation of this chapter.

(Ord. 776 § 19, 1981)

13.12.170Regulation of water use by meter installation.

The city reserves the right to regulate the use of water to any consumer by requiring the installation of a meter.

(Ord. 776 § 21, 1981)

13.12.180Amendment of rules and regulations.

The right is reserved to the city to amend or add to these rules and regulations or to change the water rates as experience may show to be necessary or expedient.

(Ord. 776 § 22, 1981)

13.12.190Open hoses and sprinkler head provisions.

No water user shall permit open hoses to be allowed to run at any time. No sprinkler head shall apply water through an orifice larger than three-eighths inch and no water user shall utilize more than two sprinkler heads at any one time.

(Ord. 776 § 24, 1981)

13.12.200Low income senior citizens – Reduced rates.

Low income senior citizens (being a person sixty-two years of age or older and whose total income, including that of his or her spouse or cotenant, does not exceed the amount specified in RCW 84.36.381(5)(b), as now existing or hereafter amended) shall upon application be entitled to one reduced residential water rate which rate shall be seventy-five percent of the rates otherwise set forth in Section 13.12.100.

(Ord. 776 § 25, 1981)

13.12.210Violation – Penalty.

For each and every violation of the rules and regulations established by this chapter, the offending party shall be subject to a fine, not to exceed five hundred dollars. When the offense is one that relates to plumbing, leakage or other illegal use or waste of water, the utilities superintendent may stop the supply of water to the offender. When the water has been turned off for a violation of the rules, the city may withhold water usage until all penalties have been paid.