Chapter 13.04
WATER

13.04.000    Chapter Contents

Sections:

13.04.010    Purpose.

13.04.020    Definitions.

13.04.030    Rules for administration and enforcement--Copy filing--Noncompliance.

13.04.040    Water system plan--Contents.

13.04.060    Application for service.

13.04.070    Use of water must be for purposes stated in application.

13.04.080    Waste of water prohibited.

13.04.090    Damaging or interfering with water system prohibited.

13.04.110    Cross-connections and backflow protection.

13.04.120    Use of nonconforming connection material prohibited.

13.04.130    Emergency and/or maintenance interruption of service.

13.04.140    Displacement of waterworks appurtenances.

13.04.150    Access to premises for inspection.

13.04.160    City employees to work on mains and service connections.

13.04.170    Mains and services--Location from sanitary sewers.

13.04.180    Ownerships of mains and service connections.

13.04.190    Private distribution systems to conform to city standards.

13.04.200    Service connections--General requirements.

13.04.210    Temporary service connections.

13.04.220    Service connection--Master meters.

13.04.230    Service agreements with other governmental units.

13.04.240    Water service outside city limits.

13.04.242    Water service outside city limits--Agreements to run with the land.

13.04.244    Water service outside city limits--Other sections not affected.

13.04.270    Extension of mains.

13.04.280    Service connection--No main in street.

13.04.290    Local Improvement District--Assessment rates.

13.04.295    Oversizing of mains.

13.04.310    All services to be metered.

13.04.320    Turning on water.

13.04.330    Permission required to connect or turn water on or off.

13.04.340    Notice required to have water discontinued and other charges for requests that water be turned on or turned off.

13.04.350    Service reconnection or transfer of service.

13.04.360    Occupant turning on water--Penalty.

13.04.370    Charges to become lien.

13.04.375    Water general facility charge (GFC).

13.04.380    Water meter rates--Inside city limits.

13.04.390    Water meter rates--Outside city limits.

13.04.400    Charges for hydrants and fire protection outside city limits.

13.04.410    Water for construction purposes.

13.04.420    Cash deposit for water service.

13.04.430    Payment of water bills--Delinquency Notification--Service discontinued for nonpayment--Past due fees.

13.04.440    Failure to Comply--Violations--Penalties.

13.04.460    Allocation of funds.

(Ord. 6774 §2, 2011).

13.04.010 Purpose

The following rates and regulations are established for the control of the municipal water supply system of the City.

(Ord. 6774 §2, 2011; Ord. 3506 §1, 1969).

13.04.020 Definitions

For purposes of this chapter, the words or phrases defined below shall have the following meanings:

A.    "Approved air gap" as defined in WAC 246-290-010, means a physical separation between the free-flowing end of a potable water supply pipeline and the overflow rim of an open or non-pressurized receiving vessel. To be an air gap approved by the Washington State Department of Health, the separation must be at least: 1) twice the diameter of the supply piping measured vertically from the overflow rim of the receiving vessel, and in no case be less than one inch, when unaffected by vertical surfaces (sidewalls); and: 2) three times the diameter of the supply piping, if the horizontal distance between the supply pipe and a vertical surface (sidewall) is less than or equal to three times the diameter of the supply pipe, or if the horizontal distance between the supply pipe and intersecting vertical surfaces (sidewalls) is less than or equal to four times the diameter of the supply pipe and in no case less than one and one-half inches.

B.    "Approved backflow prevention assembly" as defined in WAC 246-290-010, means a reduced pressure backflow assembly (RPBA), reduced-pressure detector assembly (RPDA), double check valve assembly (DCVA), double check detector assembly (DCDA), pressure vacuum breaker assembly (PVBA), spill-resistant vacuum breaker assembly (SVBA) of make, model, and size approved by the Washington State Department of Health.

C.    "City" means the City of Olympia, Washington, or as indicated by the context, may mean the Drinking Water Utility, drinking water purveyor, City Clerk, City Engineer, City Treasurer or other City employee or agent representing the City in the discharge of his or her duties.

D.    "City Council" means the City Council of the City of Olympia. "All its members" or "all council members" means the total number of council members holding office.

E.    "City Engineer" means the City Engineer of the City of Olympia, or his/her designee, who has the duty and authority to enforce the codes and standards adopted by the City Council, as they relate to the development and operation of the City’s infrastructure by private development, including other government agencies, and City projects.

F.    "City Manager" means the City Manager of the City of Olympia.

G.    "Council" means the City Council of the City of Olympia. "All its members" or "all commissioners" means the total number of councilmembers holding office.

H.    "Cross connection" means any actual or potential physical connection between the City’s public water system or the consumer’s water system and any source of nonpotable liquid, solid, or gas that could contaminate the City’s potable water supply by backflow. Cross connections are further defined in chapter 246-290 WAC as low cross connection hazards or high health cross connection hazards.

I.    "Consumer’s water system" means any potable and/or industrial water system than begins at the point of delivery from the City’s water system and is located on the consumer’s premises. The consumer’s water system includes all auxiliary sources of supply, storage, treatment, and distribution facilities, piping, plumbing, and fixtures under the control of the consumer.

J.    "Downtown Deferred General Facility Charge Payment Option Area" means all properties located within the area bounded by: Budd Inlet to the north; Budd Inlet and Capitol Lake on the west; Sid Snyder Avenue extending between Capitol Lake and Capitol Way, and 14th Avenue extending to Interstate 5 on the south; Eastside Street on the east, and Olympia Avenue extending to Budd Inlet on the north. This area includes properties owned by the Port of Olympia.

K.    "Drinking water purveyor" means the person who currently holds the drinking water purveyor designation, as determined by the Washington State Department of Health and the City of Olympia. Any act in this chapter required or authorized to be done by the drinking water purveyor may be done on behalf of the drinking water purveyor by an authorized employee of the Drinking Water Utility.

L.    "Engineering Design and Development Standards" means requirements for civil engineering infrastructure as adopted by the Olympia City Council. The EDDS is comprised of both written text and standard details specifying how infrastructure is constructed. These improvements include streets, driveways, sidewalks, curbs, street lighting, street trees, water, sewer, storm drainage and solid waste.

M.    "Mains" means water lines designed or used to serve more than one premises.

N.    "Master Meters" mean a common meter which provides water service to a community or number of individual users.

O.    "Person," "customer," "owner," "occupant," or "agent," shall be held to include natural persons of either sex, associations, copartnerships and corporations whether acting by themselves or by a servant, agent or employee; the singular number shall be held to include the plural and the masculine pronoun to include the feminine.

P.    "Premises" means a continuous tract of land, building or group of adjacent buildings under a single control with respect to use of water and responsibility for payment therefor. Subdivisions of such use or responsibility shall constitute a division into separate premises as defined in this section.

Q.    "Responsible person" means, the owner(s) of the property and/or tenant(s) or person(s) in possession thereof.

R.    "Service connection" means that portion of the City water supply system connecting the supply system on a premises to the City water distribution main including the tap into the main, the water meter and appurtenances and the service line from the main to the meter and from the meter to the property line. Service connections include connections for fire protection as well as for domestic, commercial, irrigation and industrial uses.

S.    "Standard or permanent mains" means mains conforming to the standard specifications of the City with respect to materials and minimum diameter.

T.    "Standard specifications" means those standard specifications for public works construction which have been adopted by the City Council.

U.    "Substandard or temporary mains" means mains which do not conform to the standard specifications of the City with respect to materials and/or minimum diameter.

V.    "Water Appurtenance" means an accompanying part or feature of the water system. Examples include but are not limited to any pipe, fitting, hydrant, meter, meter box, valve, valve box, blow off assembly, meter setter, coupling, or curb stop.

(Ord. 6886 §1, 2013; Ord. 6774 §2, 2011; Ord. 6420 §1, 2006; 3506 §2, 1969).

13.04.030 Rules for administration and enforcement--Copy filing--Noncompliance

The City Manager, subject to approval of the City Council, shall have the power to adopt rules and regulations not inconsistent with the terms of this chapter for carrying out and enforcing the payment, collection, and remittance of the rates defined in this chapter and the rules and regulations affecting the operation of the water system as such relate to services, connections, and the general operation of the utility; a copy of such rules and regulations shall be on file and available for public examination at the City Clerk’s Office or at such other place or places as may be designated by the City Council. Failure to comply with any such rules and regulations shall be deemed a violation of this chapter.

(Ord. 6774 §2, 2011; Ord. 3506 §3, 1969).

13.04.040 Water system plan--Contents

The Director of Public Works, or his/her designee, is authorized and directed to prepare a water system plan for the City water supply and distribution system, in accordance with WAC 246-290-100. The Director of Public Works will also determine the standards for development and improvement of the system to provide adequate water supply for domestic and industrial consumption and fire protection. The plan shall be on file at the office of the City Engineer and shall include at a minimum:

A.    Main sizes required on all existing city streets;

B.    Main sizes required outside the city limits in those areas which are being served by city water;

C.    Main sizes and approximate locations for future major distribution mains in areas in which public streets do not presently exist;

D.    The location of and construction standards for all waterworks facilities including, but not limited to, mains and appurtenances, reservoirs, and pump stations;

E.    Such other information as may be deemed necessary by the engineer or the City Council.

(Ord. 6774 §2, 2011; Ord. 3506 §4, 1969).

13.04.060 Application for service

All applications for water service connections to and/or the use of water within any premises shall be made at the office of Community Planning and Development or at such other place or places as the City Council may designate. Every such application shall be made by the owner of the property to be furnished, or by his authorized agent, and the applicant shall state fully and truly all the purposes for which the water may be required, and must agree to conform to the regulations and rules established from time to time as the condition for the use of the water. The applicant must further agree as a condition precedent in the premises that the City shall have the right at any time, without notice, to shut off the water supply for repairs, extensions, nonpayment of rates, or for any other reason, and that the City shall not be responsible for any damage caused by the breaking, bursting, or collapsing of any boilers, pipes or fixtures, or by the stoppage, or interruption of the water supply, or any damage whatever resulting directly or indirectly from the shutting off of the water.

(Ord. 6774 §2, 2011; Ord. 3506 §6, 1969).

13.04.070 Use of water must be for purposes stated in application

It is unlawful for any person supplied with water from the City’s water supply system to use the water for purposes other than those named in the application upon which rates for water are based, or for any other purposes than that for which his application provides, or to use it in violation of any provision of this chapter.

(Ord. 6774 §2, 2011; Ord. 3506 §6, 1969).

13.04.080 Waste of water prohibited

No person shall waste water or allow it to be wasted. Waste of water is defined as: applying water to a landscape in sufficient quantity to cause significant runoff of that water to impervious areas or to allow significant overspray onto non-landscaped areas; applying water to a landscape in sufficient quantity to cause substantial puddling of that water at the ground surface; allowing leaking valves, pipes, closets, faucets, or other fixtures; or allowing any pipes or faucets to run open to prevent the service from freezing or for any other reason. This section shall apply only to use of water from the City of Olympia water supply system.

(Ord. 6774 §2, 2011; Ord. 6161 §1, 2001; Ord. 3506 §7, 1969).

13.04.090 Damaging or interfering with water system prohibited

A.    It is unlawful for any person to willfully disturb, break, deface, prevent or hinder access to, or damage any fire hydrant, water meter, water meter box, gate valve, water pipe or other waterworks appurtenance together with the buildings, grounds, and improvements thereon belonging to or connected with the water system of the City in any manner whatsoever.

B.    It is unlawful for any person to open, close, turn or interfere with, or attempt to, or connect with any fire hydrant, valve, or pipe belonging to the City unless authorized by the drinking water purveyor in writing; provided, this rule shall not apply to members of the City Fire Department or any other Fire Department duly authorized to operate fire hydrants, while acting in such capacity.

C.    It is unlawful for any person to place any potential source of contamination, or garbage of any kind or description upon city water system facility property or within Drinking Water Protection Areas, as noted in OMC 18.32.

(Ord. 6774 §2, 2011; Ord. 3506 §8, 1969).

13.04.110 Cross-connections and backflow protection

A.    The provisions of WAC 246-290-490, as now enacted or hereafter amended, relating to cross-connection control and elimination and the use of backflow prevention assemblies when such are considered to be advisable or required, are hereby adopted and made a part of this chapter. All provisions of the Washington Administrative Code may be executed and applied by the Public Works Department in determining when cross-connections are prohibited and when backflow prevention assemblies shall be required and tested under the City’s cross-connection control program. A copy of these provisions is on file in the City Clerk’s Office or with the Public Works Department.

B.    The installation or maintenance of any uncontrolled cross connection, which could endanger the water quality of the City’s public water system, is prohibited. Any such cross connection now existing or hereafter installed is declared unlawful and shall be abated immediately. Abatement includes, but is not limited to, the discontinuance of water service or the installation of an approved backflow prevention assembly, equal to the degree of hazard, as determined by the City. Backflow prevention assembly installation and testing is the responsibility of the customer and the customer shall bear all costs to perform such activities.

C.    Service shall be discontinued to any premises, water user or property owner for failure to comply with the rules and regulations contained in this section or failure to permit entry upon the premises by authorized City personnel for purposes of inspection and/or testing. Any service discontinued for such failure will not be reestablished until the Director of Public Works or his/her designee has approved compliance with the rules and regulations contained in this section.

D.    The Director of Public Works or his/her designee will assign a test due date for each backflow prevention assembly. The due date for annual testing shall be based on the installation date of the assembly.

E.    The customer is responsible for backflow assembly testing upon initial installation and annually thereafter. The customer is required to provide proof of installation and proof of a passing test to the Director of Public Works or his/her designee by the annual due date.

(Ord. 6774 §2, 2011; Ord. 4014 §1, 1977; Ord. 3506 §10, 1969).

13.04.120 Use of nonconforming connection material prohibited

It is unlawful for any person to use any material not conforming to the standard specifications and the regulations of the City to connect any premises or buildings with the city water system.

(Ord. 6774 §2, 2011; Ord. 4014 §2, 1977; Ord. 3506 §11, 1969).

13.04.130 Emergency and/or maintenance interruption of service

In case of an emergency, or whenever the public health, safety, or equitable distribution of water so demands, the drinking water purveyor may reduce or limit the time for or temporarily discontinue the use of water. Water service may be temporarily discontinued for purposes of making repairs, extensions, or doing other necessary work. Before so changing, reducing, limiting, or discontinuing the use of water, the Drinking Water Utility shall notify, insofar as practicable, all water consumers affected. The City shall not be responsible for any damage resulting from interruption, change, or failure of the water supply.

(Ord. 6774 §2, 2011; Ord. 3506 §12, 1969).

13.04.140 Displacement of waterworks appurtenances

All persons, contractors, corporations, and other municipal departments performing construction work in streets or utility rights-of-way, such as grading, regrading, filling, trenching, or paving shall give the drinking water purveyor ten working days’ written notice in case it becomes necessary during the work to remove, displace, or change any water mains, pipes, fittings, meters, valves, or other waterworks appurtenances that may interfere with the prosecution of such work. Damage to any part of the water system shall make such person, contractor, corporation, or municipal department liable to the Drinking Water Utility for the cost of necessary repairs and replacements.

(Ord. 6774 §2, 2011; Ord. 3506 §13, 1969).

13.04.150 Access to premises for inspection

Authorized employees from the Office of Community Planning and Development, Utility Billing and/or the Drinking Water Utility, properly identified, shall have free access at reasonable hours of the day, to all parts or premises or within buildings thereon to which water is supplied from the City water system for the purpose of checking conformity to these regulations. In addition, such personnel are authorized, from time to time, to survey water customers as a means to update customer lists and statuses in a responsible and reasonable manner.

Whenever the owner or occupant of any premises supplied by the City water system restrains authorized city employees from making the necessary inspections and surveys, water service may be immediately discontinued to the premises.

(Ord. 6774 §2, 2011; Ord. 4014 §1, 1977; Ord. 3506 §14, 1969).

13.04.160 City employees to work on mains and service connections

Only employees of the Drinking Water Utility or qualified contractors duly authorized by the drinking water purveyor or the City Engineer are allowed to perform work in connection with the City mains or service connections.

(Ord. 6774 §2, 2011; Ord. 3506 §15, 1969).

13.04.170 Mains and services--Location from sanitary sewers

All mains, service lines and other waterworks appurtenances which carry water shall be located a sufficient distance, both horizontally and vertically, from any sanitary sewer, in accordance with Department of Ecology Criteria for Sewage Works Design standards, to prevent contamination. All locations of waterworks facilities, both public and private, which are connected to the City water system, are subject to the approval of the City Engineer.

(Ord. 6774 §2, 2011; Ord. 3506 §16, 1969).

13.04.180 Ownerships of mains and service connections

The ownership of all water mains, water service connections, and water appurtenances in public streets or utility rights-of-way shall be vested solely in the Drinking Water Utility of the City, and the person responsible for the construction of such mains shall relinquish, by bill of sale, all interest in the ownership of such mains upon acceptance by the City; provided, however, that all private systems existing on March 25, 1969, shall remain under private ownership unless dedicated to the City under the provisions of this chapter.

The Drinking Water Utility will operate and maintain all approved and accepted mains in public streets or utility rights-of-way. In no case shall an owner, agent, officer or employee of any premises have the right to remove or change any part thereof without the approval of the drinking water purveyor.

No person shall install a water main in any street which is connected to the Olympia water system without procuring a permit for such installation or connection.

(Ord. 6774 §2, 2011; Ord. 4422 §14, 1983; Ord. 3506 §17, 1969).

13.04.190 Private distribution systems to conform to city standards

A.    All private water distribution systems, whether located inside or outside the corporate limits of the City, in order to become or remain eligible for water to be furnished by the City must be constructed to the City’s minimum standards, located in the City of Olympia Engineering Design and Development Standards. All new construction and repairs shall conform to such standards. Failure to bring any system up to such standards within twelve months of written notice of defects to the owner of any such system shall result in termination of water service until corrections are made.

B.    The owner(s) of any private water distribution system connected to the water supply system of the City may petition the City Council to accept ownership and maintenance of the system provided the system meets city standards or satisfactory arrangements have been made to bring the system up to standards within twelve months. Included with such petition shall be such records of the system as necessary to indicate location, size, material and date of installation of all mains and appurtenances. Prior to acceptance by the City, a valid deed or bill of sale and all necessary easements and/or franchises must be presented to the City.

C.    Nothing contained herein shall be construed to require the City Council to accept any private distribution system.

(Ord. 6774 §2, 2011; Ord. 3506 §18, 1969).

13.04.200 Service connections--General requirements

A.    Except as provided in Sections 13.04.210, 13.04.220 and 13.04.270, no premises shall hereinafter be connected to the water supply system of the City unless there is an adjacent standard main under the ownership and exclusive control of the City.

B.    When a permit has been obtained for the installation of water service, the drinking water purveyor shall cause the premises described in the application to be connected with the water system in accordance with City standards. The connection shall thereafter be maintained by and kept within the exclusive control of the City. The user and/or property owner are responsible for ensuring that the water meter and box remain free from anything that could preclude authorized City personnel from having clear access to the meter at all times.

C.    Except as provided in Section 13.04.220, every separate premises supplied by city water must have its own separate meter and the premises so supplied will not be allowed to supply water to any other premises. The City Engineer may require individual buildings on the same premises to be separately metered.

D.    When two or more buildings on the same premises are being served unsatisfactorily by one water service connection, the drinking water purveyor shall have the right to require the installation of additional water service connections from the water main to the premises already served. When additional water service connections are provided for any premises, all water service to such premises shall be metered and installed in the regular manner.

E.    The property owner in applying for service shall pay to the City the current prevailing cost to cover all expenses for the City’s installation of such service connection(s). All services shall be constructed by the City from the main to the property line and shall include a suitable water meter and appurtenances. This rule shall also apply where exchanges in size of service are made at the request of the property owner. In case of replacement or new services, no service smaller than three-fourths inch shall be installed.

F.    All persons connecting to city service shall be required to use only materials conforming to the standard specifications and regulations of the City. Plumbing on premises shall conform to the uniform plumbing code of the City.

G.    When necessary due to the grading or regrading of public streets, the drinking water purveyor may relocate services on the premises to conform to the grade or slope occasioned by the street grading, and charge the expense to the owner receiving water service.

(Ord. 6774 §2, 2011; Ord. 3506 §19, 1969).

13.04.210 Temporary service connections

Water service may be supplied to premises on a temporary basis during the construction of a building on the premises or during the construction of a standard main to serve the premises, as long as it meets requirements for adequate backflow prevention. Application for temporary service shall only be approved upon payment of all fees and assessments required by this chapter. This application shall state fully the purposes for which water is desired, the circumstances which require service by temporary means, and the duration for which temporary service is necessary. All costs necessary to install and remove the temporary service shall be paid by the applicant.

Upon completion of the work for which the temporary service was necessary, the owner shall immediately apply for permanent service to the premises and the temporary service shall be removed. Failure to obtain permanent service shall be cause for immediate discontinuance of water supply to the premises.

(Ord. 6774 §2, 2011; Ord. 5885 §3, 1999; Ord. 3506 §20, 1969).

13.04.220 Service connection--Master meters

A.    The City Council may, at its discretion, authorize water service to a community or number of individual users to be furnished through a common master meter. Master meters shall be furnished, installed, maintained, and kept within the exclusive control of the City. The cost of the installation including the meter shall be at the expense of the consumer.

B.    Where water service is supplied through a master meter, a company, association, or other form of organization, which is acceptable to the City, shall be billed at the rate for commercial customers. The company, association or organization shall be responsible for metering and billing individual customers and determining appropriate rates and charges.

C.    Applications for water service under the provisions of this section shall include a detailed description of the premises to be served, the name and nature of the organization which is to be responsible for the service charges, the conditions or circumstances precluding service by individual meters and such other information as the City Council may deem necessary.

D.    Such consumers shall maintain and keep on file with the Office of the City Engineer detailed plans of their systems in such form as specified by the City Engineer. Each such consumer shall, prior to commencement of work to repair or upgrade the system, submit an application and pay all applicable fees with respect to all construction or modifications which add to, reduce, or alter the water system. Construction or modification of the system must meet current requirements under the Engineering Design and Development Standards adopted by the City.

E.    Water service, under the terms of this section, shall be limited to those premises described in the application. Service to additional premises, not included in the original application shall require a separate application and approval.

F.    The ownership of the water system beyond the master meter shall be vested in the consumer and the operation, repair, expansion and renewal of the system shall be the responsibility of the consumer. The City’s responsibility shall terminate with the master meter.

G.    Any violation of the procedures required by this section shall be cause for immediate discontinuance of service to the system by the City.

(Ord. 6774 §2, 2011; Ord. 3506 §21, 1969).

13.04.230 Service agreements with other governmental units

The City Council may, at its discretion, enter into an agreement with any other municipal corporation or governmental unit for the purpose of obtaining or providing any service relating to water supply as provided by law. Terms of each agreement shall be established by the City Council.

(Ord. 6774 §2, 2011; Ord. 3506 §22, 1969).

13.04.240 Water service outside city limits

A.    Property lying within the urban growth boundary and contiguous to the Olympia city limits shall annex to the City as a condition of water connection. In the alternative, the City may elect to defer annexation and require execution of an agreement described in subsection B of this section.

B.    Property lying within the urban growth area which is not annexed as a condition of water service, shall be permitted water service only upon entering into an appropriate agreement with the City containing a waiver of protest to annexation and/or power of attorney authorizing annexation at such time as the City determines the property should be annexed to the City.

1.    Application fees as established by the City Council shall be paid upon the submittal of a signed Utility Extension Agreement requesting water service for property outside the City;

2.    Requirements that the cost of the water extension be borne in whole by the applicant for water services, subject to any provisions in effect at the time of connection for latecomer reimbursement;

3.    The agreement shall not be executed prior to the time formal application is made for approval of the project for which utilities are requested. The term of said agreement shall terminate at the time any project application or approval expires or is revoked for any reason. A new agreement shall also be required for any extension of project applications or approvals or when in the opinion of the Director of Community Planning and Development, a substantial change or addition is made to the project.

C.    Following execution, such agreement shall be recorded by the City Clerk in the chain of title for such property in the records of the Thurston County Auditor.

(Ord. 6774 §2, 2011; Ord. 5943 §1, 1999; Ord. 5687 §1, 1997; 5594, §18, 1996; Ord. 5594, §18, 1996; Ord 5570, §1, 1995; Ord. 5478 §2(part), 1994).

13.04.242 Water service outside city limits--Agreements to run with the land

The agreement described in Section 13.04.240 shall contain a provision that the obligations and privileges contained therein shall run with the land and bind future owners of said land in the same manner as the applicant is bound therein.

(Ord. 6774 §2, 2011; Ord. 5478 §2(part), 1994).

13.04.244 Water service outside city limits--Other sections not affected

In addition to Sections 13.04.240 and 13.04.242, all other provisions of this chapter shall apply to outside connections.

(Ord. 6774 §2, 2011; Ord. 5478 §2(part), 1994).

13.04.270 Extension of mains

Any main extension of the City’s water system must be approved by the Public Works Department, and all extensions must conform to requirements of the Washington State Department of Health and the Coordinated Water System Plan, the City of Olympia Water System Plan, the Olympia Fire Department, and the City of Olympia Engineering Design and Development Standards.

(Ord. 6774 §2, 2011; Ord. 3506 §26, 1969).

13.04.280 Service connection--No main in street

A.    Whenever an applicant requests water service to premises with no main in the adjacent street, a standard main must be installed as a prerequisite to connection to the City water supply system. The standard main must conform with the water system plan of the City water system and must be installed along the complete street frontage of the premises to be served in accordance with the water system plan.

B.    A standard main may be installed by any of the following methods:

1.    The main may be installed at the expense of the owner by a competent contractor under the supervision and approval of the City Engineer, in which case the City will contract with the owner to provide for the reimbursement of such owner and his assigns for a period of ten years by any owner of real estate who did not contribute to the original cost of such main and who subsequently taps onto the main for service of a fair pro rata share of the cost of construction of the main. The contract shall be recorded in the office of the Thurston County Auditor upon acceptance of construction of the main by the City Council. Assessments after the expiration of the contract shall revert directly to the City.

2.    If the premises lies within the corporate limits of the City, the owner may elect to have the main installed by the formation of a local improvement district as prescribed by state law and the ordinances of the City.

(Ord. 6774 §2, 2011; Ord. 3506 §27, 1969).

13.04.290 Local Improvement District--Assessment rates

Whenever any main is installed by the local improvement district method, the assessment rates to be charged to the property specially benefited shall be established by the City Council.

(Ord. 6774 §2, 2011; Ord. 3506 §28, 1969).

13.04.295 Oversizing of mains

Whenever the City requires a main size larger than would be required to serve the adjacent property or, in the case of a subdivision or development, a main size larger than required to serve that development, the City shall participate in the cost of the main to the extent of the additional size required, provided the amount of such participation shall be established by the City Engineer prior to the commencement of construction.

(Ord. 6774 §2, 2011).

13.04.310 All services to be metered

All service connections to the City water system shall be metered and all meters shall remain the property of the City and any meter may be exchanged with another meter of similar kind as deemed necessary by the drinking water purveyor.

(Ord. 6774 §2, 2011; Ord. 3506 §30, 1969).

13.04.320 Turning on water

Whenever the owner or occupant of any premises connected with the City’s water supply system desires to use water, he shall notify Utility Billing and request the water to the premises be turned on.

(Ord. 6774 §2, 2011; Ord. 3506 §31, 1969).

13.04.330 Permission required to connect or turn water on or off

No plumber or other person will be allowed to make connection with the City mains or make connection with any conduit, pipes, or any fixtures connected therewith, or to connect pipes that have been disconnected, or to turn water on or off of premises without the permission of the drinking water purveyor.

(Ord. 6774 §2, 2011; Ord. 3506 §32, 1969).

13.04.340 Notice required to have water discontinued and other charges for requests that water be turned on or turned off

To discontinue the use of water supplied to any premises, the customer must provide notice to the Drinking Water Utility. The water will then be disconnected and restored without charge during normal business hours upon proper application. Non-emergency related requests for water turn on or shut off required to be performed after normal business hours will be subject to charges as set forth in Chapter 4.24 of this code.

(Ord. 6774 §2, 2011; Ord. 6735 § 2, 2010; Ord. 3506 §34, 1969).

13.04.350 Service reconnection or transfer of service

When new buildings are to be erected on the site of the old buildings, and the City receives a request to increase the size of or change the location of the old service connection, or where a service connection to any premises is abandoned or no longer used, the drinking water purveyor may cut out or remove such service connection. Should a new service connection be required for the premises, the owner must complete an application and pay for a new tap pursuant to City code. When the service connection of any premises is located in a place other than a main that runs in front of the premises, once a new main is located in front of such premises, the drinking water purveyor may transfer the service connection to the new main without charge. Upon service transfer to the new main, the old service connection will be disconnected.

(Ord. 6774 §2, 2011; Ord. 3506 §35, 1969).

13.04.360 Occupant turning on water--Penalty

Should the City discover that water to the premises has been restored by other than the City after being shut off by the Drinking Water Utility, the service may be turned off by the Drinking Water Utility, and the owner or occupant of the premises may be charged an additional fee as set forth in Title 4, Fees and Fines, for the expense of turning it off and on.

(Ord. 6774 §2, 2011; Ord. 5126 §13, 1990; Ord. 3506 §35, 1969).

13.04.370 Charges to become lien

The City shall have a lien against premises to which water has been furnished, which lien shall be in the amount and to the extent allowed by RCW 35.21.290 as the same now exists or may hereafter be amended. The lien shall be enforced in the manner allowed by RCW 35.21.300 as it now exists or may hereafter be amended.

(Ord. 6774 §2, 2011; Ord. 3506 §37, 1969).

13.04.375 Water general facility charge (GFC)

A.    A water general facility charge shall be assessed for the connection of any premises to the City water system as set forth in Title 4, Fees and Fines, of this code.

B.    Except as set forth in subsections C and D below, such charge shall become due and payable no earlier than at the time of issuance of a building permit and no later than at the time each connection is completed at the rate in effect at the time of payment. For projects located outside the City, the date of building permit issuance by Thurston County shall constitute the earliest time of payment. This charge shall be assessed in addition to any other charges or assessments levied under this chapter. Said funds shall be deposited in the water capital improvement fund established under Section 3.04.740 and shall be used only for the purposes enumerated therein.

C.    The Water GFC may be deferred for residential developments in the Downtown Deferred General Facility Charge Payment Option Area. An unpaid Water GFC deferred under this section shall constitute a lien against the property for which it is payable. Payment of a Water GFC need not be made prior to the time of connection if the payer provides the Community Planning and Development Department with proof that a Voluntary General Facility Charge Lien Agreement, in a form approved by the City Attorney, has been executed by all legal owners of the property upon which the development activity allowed by the building permit is to occur, and the agreement has been recorded in the office of the Thurston County Auditor. When such deferral is sought for a portion of the development activity, the City, at its sole discretion, shall determine the portions of the Water GFC to be applied to the portions of the development activity. If a Voluntary General Facility Charge Lien Agreement has been recorded, payment of the Water GFC shall be deferred under the following conditions:

1.    The Water GFC will be assessed at the rate in effect at the time of issuance of the building permit for the project, and

2.    Payment of the Water GFC will be made at the earlier of the closing of sale of the property or any portion of the property, or three (3) years from the date of the City’s issuance of a Certificate of Occupancy for the property against which the Water GFC is assessed, and

3.    A GFC payment made within one (1) year of issuance of the Certificate of Occupancy for the development shall pay the fees assessed at the time of issuance of the building permit, or

4.    A GFC payment made within the second year from issuance of the Certificate of Occupancy for the development shall pay the Water GFC plus interest, for a total of 105% of the fees assessed at the time of issuance of the building permit, or

5.    A GFC payment made within the third year from issuance of the Certificate of Occupancy for the development shall pay the Water GFC plus interest, for a total of 110% of the fees assessed at the time of issuance of the building permit.

In the event that the Water GFC and/or interest (if any) is not paid within the time provided in this subsection, all such unpaid charges, fees and interest shall constitute a lien against the property for which they were assessed. The lien may be enforced either by foreclosure pursuant to RCW 61.12 or by termination of water service pursuant to Section 13.04.430 of this Code. The City may use other collection methods at its option. In the event of foreclosure, the owner at the time of foreclosure shall also pay the City’s reasonable attorney fees and costs incurred in the foreclosure process. Notwithstanding the foregoing, the City shall not commence foreclosure proceedings less than thirty (30) calendar days after providing written notification to the then-present owner of the property via certified mail with return receipt requested advising of its intent to commence foreclosure proceedings. If the then-present owner cures the default within the thirty-day cure period, no attorney fees and/or costs will be owed.

D.    Where the Water GFC is assessed upon connection of an existing residential dwelling which previously received water from a different source, a property owner who is economically disadvantaged may, in lieu of a lump sum payment, pay the charge over a maximum three (3) year period. To qualify, the owner shall execute a Voluntary General Facility Charge Lien Agreement with the City which sets forth, among other terms, a quarterly or annual payment schedule to run no more than three (3) years from execution or the sale of the property, whichever occurs first. The agreement shall require that any balance owing shall be due in full upon sale of the property or the expiration of three (3) years from execution of the agreement. The payments shall be secured by a lien against the property served, which may be enforced either by foreclosure pursuant to RCW 61.12 or by termination of water service pursuant to Section 13.04.430 of this Code. The City may use other collection methods at its option. The agreement shall be prepared by the City Attorney and made available by the appropriate official in the Drinking Water Utility. For the purpose of this section, the term "economically disadvantaged" shall have the same meaning as provided in OMC Section 3.20.300.

(Ord. 6774 §2, 2011; Ord. 6420 §2, 2006; 6357 §1, 2005; Ord. 5847 §1, 1998; Ord. 5669 §2, 1997; Ord. 5522 §1, 1995; Ord. 5126 §14, 1990; Ord. 4993 §2, 1989).

13.04.380 Water meter rates--Inside city limits

A.    Schedule I: Monthly Charges. The schedule as set forth in Title 4, Fees and Fines, of this code is the monthly charge based upon meter size for all consumers. Monthly charges for meter sizes not listed in the schedule shall correspond to the next larger meter size listed.

B.    Rates for Wholesale Consumers. The council may at its discretion pass a special ordinance fixing rates for such wholesale consumers as may be authorized by the council for industrial, manufacturing, commercial, or other such consumers, using in excess of one million cubic feet of water per month.

C.    State Buildings with Sprinkler Systems or Fire Service Connections. All buildings owned by the state with an automatic sprinkler system or special fire service connected with the City water distribution system shall pay the ready to serve charge based on pipe size as substituted for equal meter size in the rate schedule. No water shall be used through such connections or sprinkler systems except for actual fire control. If the consumer is found using water through unmetered special fire or sprinkling service connection for other than fire protection, then each such connection of three inches or over shall be equipped with a detector check type of meter, and those connections under three inches shall be equipped with a conventional type of meter.

D.    Residential, Unmetered Services. Residential unmetered services shall be charged as set forth in Title 4, Fees and Fines, of this code.

(Ord. 6774 §2, 2011; Ord. 5313 §2, 1992; Ord. 5126 §15, 1990; Ord. 4993 §1, 1989; Ord. 4730 §1, 1986; Ord. 4582 §1, 1985; Ord. 4408 §1, 1983; Ord. 4014 §5, 1977; Ord. 3506 §38, 1969).

13.04.390 Water meter rates--Outside city limits

A.    Charges for the use of water outside the corporate limits of the City shall be as provided in subsections A, C and D of Section 13.04.380, as amended, plus fifty percent; provided, that the fifty percent surcharge herein shall not apply to charges for water service to such properties within Olympia’s Urban Growth Management Area which cannot be annexed due to nonadjacency to the city limits or due to city policies, and for which a power of attorney or agreement to annex in the future is executed.

B.    Subsections B and D of Section 13.04.380 shall prevail for water services outside the City.

(Ord. 6774 §2, 2011; Ord. 5635 §1, 1996; Ord. 4582 §2, 1985; Ord. 3506 §29, 1969).

13.04.400 Charges for hydrants and fire protection outside city limits

All business, industrial, commercial or manufacturing consumers of city water located outside the city limits shall pay for protection afforded by fire hydrants as follows:

A.    All such users who have a fire hydrant located upon property owned or leased by the user shall pay a fee as set forth in Title 4, Fees and Fines, of this code.

B.    All such users with an automatic sprinkler system or special fire service connection with the City water distribution system shall pay the monthly ‘ready to serve’ charge based on pipe size as substituted for equal meter size provided in the rate schedule set forth in Title 4, Fees and Fines, of this code. All such sprinkler systems or special fire services with a connection of three inches or over shall be equipped with a detector check type of meter, and those connections under three inches shall be equipped with a conventional type meter, and all water used through said systems shall be paid for at the same rates provided for in Title 4, Fees and Fines, of this code in addition to the minimum rate provided for in this chapter.

C.    With reference to all fire hydrants located on public rights-of-way and serving areas outside the corporate limits of the City, the agency responsible for furnishing fire protection to the area shall pay to the City the sum as set forth in Title 4, Fees and Fines, of this code. Failure to pay the sums to the City shall be cause for the removal of all such hydrants.

D.    The City shall not furnish water for fire protection to any area outside of the City that is not served by the City water for domestic water supply.

(Ord. 6774 §2, 2011; Ord. 5126 §16, 1990; Ord. 4408 §2, 1983; Ord. 3506 §40, 1969).

13.04.410 Water for construction purposes

A.    Any owner, agent, or contractor intending to use water in the course of the construction of any commercial building or of any street, utility, etc., shall apply to Utility Billing on forms provided for that purpose. Water for construction purposes shall be furnished only upon application and will be charged for at the rate as set forth in Chapter 4.24 of this code for consumption, the same to be billed at the time of return of the meter; and all delinquent and unpaid charges therefor shall become a lien upon the premises supplied and shall be collected in the same manner as other delinquent and unpaid charges.

(Ord. 6774 §2, 2011; Ord. 5885 §2, 1999; Ord. 5126 §17, 1990; Ord. 4408 §3, 1983; Ord. 3506 §41, 1969).

13.04.420 Cash deposit for water service

Meter consumers may be required to make a cash deposit with Utility Billing, based upon the estimate of the monthly consumption through the meter as set forth in Title 4, Fees and Fines, of this code. The deposit shall be held by Utility Billing until the severance of the contract, and shall be repaid to the customer after all claims against the premises have been fully paid.

Deposits for bimonthly customers, when required, shall be based upon the estimate of the bimonthly consumption.

(Ord. 6774 §2, 2011; Ord. 5126 §18, 1990; Ord. 4014 §6, 1977; Ord. 3506 §42, 1969).

13.04.430 Payment of water bills--Delinquency Notification--Service discontinued for nonpayment--Past due fees

Monthly and bimonthly statements of charges for water service shall be due and payable at the City Clerk’s Office, or at such place or places designated by him/her, on the date established by the Director of Administrative Services as authorized in Section 4.24.050 of this code. The statements shall cover service charges for the period shown thereon and shall be issued and forwarded by mail to the customer as soon as practical after the service period.

Delinquency and nonpayment of one or more water service charges shall be sufficient cause for discontinuance of service by turning off the water service to the premises notwithstanding the existence of any deposits made as provided in Section 13.04.420. Water service shall not be turned on again until all charges, together with penalties set forth in Title 4, Fees and Fines, of this code for shutting off and turning on the water and for delinquency notification are paid, or a satisfactory arrangement and agreement for payment of delinquent charges and penalties has been made with Utility Billing.

(Ord. 6774 §2, 2011; Ord. 6034 §2, 2000; Ord. 5398 §2, 1993; Ord. 5126 §19, 1990; Ord. 4408 §4, 1983; Ord. 4014 §7, 1977; Ord. 3506 §43, 1969).

13.04.440 Failure to Comply--Violations--Penalties

A.    Discontinuance of Water Service. Service to any property, landowner, or water user receiving its water supply from the city water supply system is contingent upon compliance with all legal requirements pertaining to such water service. Service may be discontinued to any premises, water user, or property owner for failure to comply with such requirements and discontinued service will not be re-established until the Director of Public Works or his/her designee is satisfied that there has been compliance.

B.    Any person, firm, or corporation who knowingly violates or fails to comply with any term or provision of this chapter shall be deemed to have committed a misdemeanor, and if found guilty, shall be subject to a fine not to exceed One Thousand Dollars ($1,000), and/or to imprisonment not to exceed ninety (90) days or to both such fine and imprisonment. Each day shall be a separate offense. In the event of a continuing violation or failure to comply, the second and subsequent days shall constitute a gross misdemeanor punishable by a fine not to exceed Five Thousand Dollars ($5,000) and/or imprisonment not to exceed three hundred and sixty-five (365) days or both such time and imprisonment. Continuing violation shall mean the same type of violation which is committed within a year of the initial violation.

C.    As an additional concurrent penalty, it shall be a civil infraction for a person, firm, or corporation to violate or fail to comply with any term or provision of this chapter. Each day shall be a separate infraction. A person, firm, or corporation found to have committed a civil infraction shall be assessed a monetary penalty as follows:

1.    First offense: Class 3 ($50), not including statutory assessments.

2.    Second offense arising out of the same facts as the first offense: Class 2 ($125), not including statutory assessments.

3.    Third offense arising out of the same facts as the first offense: Class 1 ($250), not including statutory assessments.

See also OMC Chapter 4.44, Uniform Civil Enforcement.

D.    In the event a water user or property owner refuses to allow authorized City personnel to enter onto private property to accomplish the purposes stated in this chapter, the Director of Public Works or his/her designee is empowered to seek assistance from any court of competent jurisdiction to obtain a court order permitting entry. If such court order is required to obtain access, the water user or property owner who refused to allow the City entry is responsible for all costs of the City that are reasonably attributable to obtaining a court order.

(Ord. 6774 §2, 2011; Ord. 6081 §37, 2001; Ord. 3506 §45, 1969).

13.04.460 Allocation of funds

A.    Any funds received by the director of administrative services in payment of water, sewer, garbage and/or stormwater charges shall be applied against said charges, if applicable, in the following priority:

1.    Stormwater

2.    Garbage;

3.    Sewer;

4.    Water.

B.    No amount received shall be applied against any charge unless all higher priority charges are paid in full.

(Ord. 6774 §2, 2011; Ord. 4732 §2(part), 1986).