Chapter 13.04
WATER SERVICE SYSTEM

Sections:

13.04.010    Definitions.

13.04.020    Rules and regulations.

13.04.030    Rate schedule.

13.04.040    Installation charges.

13.04.050    Billing.

13.04.060    Penalty for nonpayment.

13.04.070    Discontinuance of service.

13.04.080    Complaints and disputes.

13.04.010 Definitions.

As used in this chapter:

“City” means the city of Rainier, Washington.

“Commercial” entity or establishment means any establishment that provides services to this community in which no part of the property serviced by a water meter is used as a living quarters (i.e., restaurant, market, etc.)

“Consumer” or “customer” means any person, agency, partnership or corporation provided with water services by the city water department.

“Director” means the city public works director or other authorized officials, employees or agents of the city.

“Household” means any building or portion thereof used as a private residence, meeting place or business entity.

“Master meter” means any single water meter serving more that one household located at any premises as defined in this section.

“Person” means any person, association, agency, partnership or corporation.

“Premises” means any lot or parcel of land singularly identified by Thurston County assessor’s parcel number.

“Residential” means any property served by a water meter that is used as a living quarters by any person or persons (i.e., house, apartment, home-business, etc.). (Ord. 503 § 2 (part), 2003)

13.04.020 Rules and regulations.

A.    Any person desiring connection with the city water supply system shall make application to the office of the director on printed forms provided for that purpose. Such application shall be made by the owner and tenant of the household before service will be established.

B.    Any billing for water consumed, or services provided, by the city water department that becomes delinquent shall be charged to and shall become a lien against the premises to which said water or services were provided. Service may be discontinued by the director should any water bill become delinquent as defined by ordinance. Service shall not be restored until all delinquent amounts are paid in full regardless of change of ownership or tenancy; provided, however, that utility service shall not be denied to a new tenant not responsible for a delinquency accruing to the premises on account of nonpayment if the new tenant accepts responsibility for all charges for utility services to the tenant’s household thereafter during the tenancy. This shall not waive any right the city otherwise may have.

C.    The director shall have the right in the event of an emergency to, without notice, temporarily discontinue water service to any consumer for the purpose of making repairs, alterations or extensions to the water system. Consumers affected by the discontinuance of said service shall hold harmless the director and the city, for any damage to or loss of real or personal property resulting from said discontinuance of service.

D.    No person supplied with water from the city water mains shall for any purpose supply water for use by another person, premises, or household, without written permission of the director. Any person doing so without permission shall be subject to discontinuance of service without notice.

E.    Every water meter, stopcock or water line connected from the street side of any water main is the exclusive property of and shall be maintained by and shall be kept within the exclusive control of the city water department. Should any person tamper with, or turn on or off, without written authorization of the director, any stopcock or valve as described herein, service to that household may be discontinued without notice and a minimum service charge of ten dollars ($10.00) made for each occurrence requiring the director to reestablish service. This shall be in addition to any other remedies provided by law.

F.    Each household serviced by the city water supply shall be connected by separate metered connection to the city main. “Master metered” households shall be supplied with water at the discretion of the city council and may be surcharged as provided by ordinance. New master metered service installations under one-inch service size are specifically prohibited upon passage of the ordinance codified in this chapter.

G.    Service pipe from the water meter to any household shall be installed in accordance with provisions of the Uniform Plumbing Code and shall be placed no less than two feet below ground level. Service pipes shall be sized in accordance with the meter size installed and shall not be less that three-fourths inch in diameter. All service connections shall be made with a meter tail coupling.

H.    A check valve of suitable size and type approved by the director shall be installed by the consumer on the household side of each new metered installation, and on any spa, hot tub or sauna connected to city service line will need an approved backflow prevention device.

I.    Metered water service shall be installed at the expense of the consumer in accordance with a fee schedule established by city ordinance. In cases where there is no main water line immediately adjacent to the premises requiring service, the cost of installing a new main water line of a size and type specified by the city engineer shall be paid for by the person requesting service. A deposit for the estimated cost of the installation shall be collected by the office of the clerk-treasurer prior to commencement of construction and any sums owed by the consumer upon completion of construction shall be collected prior to the establishment of service. This rule shall also apply where exchanges in size of service are requested by the consumer.

J.    Should any consumer desire to discontinue water service, a written notice shall be filed with the director at least three business days prior to said discontinuance on printed forms provided for this purpose. Failure to provide such notice may result in continued billing for services rendered until said notice is received.

K.    The following acts are prohibited:

1.    To open, close or tamper with, or attempt to, or connect with any fire hydrant, top valve, stopcock, water line or metering device under the control of, or belonging to, the city water department, unless authorized by the director in writing; providing, this rule shall not apply to a member of any fire department, fire district, agency, or person assisting in any emergency requiring the immediate use of city water supplies;

2.    To throw refuse of any substance into any city reservoir or throw any deleterious matter in or upon any part of the city’s watershed or water supply system;

3.    To use black iron pipe or fittings in any water system connected with the city water supply;

4.    To connect or attach any wire conveying a ground current or any other electrical current to any water pipe, conduit or fixture attached to or forming a part of the city water system.

L.    Any person performing grading, regrading, trenching or paving shall notify the director in writing ten (10) days prior to commencement of such activity should it be necessary to move, remove, displace, turn on, or turn off any water main, pipe, meter, valve, gate, fitting or other equipment belonging to or under the control of the water department. Failure to provide such notice shall make that person liable for all damages to water department equipment resulting from such activity.

M.    The city water department reserves the right to require metered service for all water provided by the city water system and to demand payment for same in accordance with applicable fee schedules as set forth by ordinance.

N.    Where any consumer shall make a complaint that any water bill is considered to be excessive, the director shall upon verbal or written request re-read the water meter and inspect the service for leaks. The consumer shall be liable for repair of, and payment for excessive usage caused by, leaks on the household side of the water meter.

O.    Should any consumer desire the water meter to be tested for accuracy, said consumer shall deposit with the office of the director an amount sufficient to cover the cost of testing the meter by an independent agency. Should the meter indicate by test to register an average flow rate error of five percent in excess of the actual water consumed, the consumer’s deposit shall be refunded, another meter installed and the consumer’s bill adjusted accordingly. The maximum billing period to be adjusted shall be the billing period for which the complaint was made, a period in any event not to exceed two months. If the meter is found to register within the above prescribed limit, that part of the consumer’s deposit sufficient to cover the actual cost of testing, labor to remove and install the replacement meter and any incidental costs shall be returned to the consumer within fifteen (15) calendar days following receipt of water meter test results by the director.

P.    The director is authorized, after obtaining council ratification, to contract with and supply service to any government agency, school district, fire district, or any other user of city water. Any contract entered into with said agency or district, be it written or verbal, may at the discretion of director deviate from any rates, rules or regulations set forth herein; provided, that any such deviation shall be submitted to the city council for ratification at its next regular meeting.

Q.    Any consumer who jointly operates a licensed business in the city, in conjunction with or adjoining a residential premises, where both are served by the same meter, may apply to have their water service separated. Application may be made to the office of the director in writing and such application shall be made by the owner and tenant of the premises before service will be established. The total cost of dividing the service shall be borne by the owner and tenant and a deposit for the estimated cost of installation shall be collected by the office of the clerk-treasurer prior to commencement of construction and any sums owed by the consumer upon completion shall be collected prior to the establishment of service.

R.    Each and every violation of any provision of this chapter, in addition to any special penalties attached thereon, shall constitute a separate misdemeanor; and any person found guilty of such violation shall upon conviction be subject to a fine not to exceed five hundred dollars ($500.00) or imprisonment not to exceed thirty (30) days, or by both such fine and imprisonment, under Chapter 1.08. Alternatively, each such violation may be prosecuted as a civil infraction pursuant to Section 1.08.020. (Ord. 503 § 2 (part), 2003)

13.04.030 Rate schedule.

A.    The minimum rate schedule for water supplied through each meter shall be in accordance with the following bi-monthly rate schedule:

1.    Standard Rate.

 

Bi-Monthly Minimum Allowance

Bi-Monthly Minimum Rate

In City

1,000 cu. ft.

$66.25

Out of City

1,000 cu. ft.

$84.95

2.    Senior Rate. (Primary resident must be sixty-five (65) or older.)

 

Bi-Monthly Minimum Allowance

Bi-Monthly Minimum Rate

In City

1,000 cu. ft.

$63.94

3.    Summer Rate. (May/June, July/August.)

 

Bi-Monthly Minimum Allowance

Bi-Monthly Minimum Rate

In City

1,500 cu. ft.

$66.25

Senior

1,500 cu. ft.

$63.94

Out of City

1,500 cu. ft.

$84.95

B.    Water usage by each consumer in excess of the bi-monthly minimum allowance established herein shall be billed in accordance with the following rate schedule:

1.    Water usage in excess of the bi-monthly minimum allowance up to three thousand (3,000) cubic feet:

a.    In city: $0.0355 per cubic foot of water used;

b.    Out of city: $0.0413 per cubic foot of water used;

2.    Water usage in excess of three thousand (3,000) cubic feet up to five thousand (5,000) cubic feet:

a.    In city: $0.0390 per cubic foot of water used;

b.    Out of city: $0.0449 per cubic foot of water used;

3.    Water usage in excess of five thousand (5,000) cubic feet:

a.    In city: $0.0413 per cubic foot of water used;

b.    Out of city: $0.0472 per cubic foot of water used.

C.    Water revenues collected in excess of expenses will be credited to Fund 400—Water Construction, for the upgrade of city systems.

D.    The applicable Washington State excise tax (currently 0.05029 percent) shall be charged to each water customer.

E.    Applicable federal, state, and city taxes are not included.

F.    A bi-monthly surcharge of five dollars ($5.00) shall apply to each household in excess of one served by a master meter by the city water system.

G.    Proration of any bi-monthly minimum billing or allowance when necessary shall be based upon a thirty (30) day month calculated through the date of final meter reading or date of discontinuance of service, whichever comes first.

H.    In computing water usage rates, results ending in four or less shall be rounded down to the nearest cent.

I.    Annually commencing on January 1, 2020, and on each January 1st thereafter, the treasurer shall increase the foregoing rates by three percent over the previous year’s rates. (Ord. 678 § 1 (part), 2019: Ord. 642 § 1, 2015: Ord. 586 § 1, 2009: Ord. 563 § 1, 2008: Ord. 533 § 2, 2005: Ord. 503 § 2 (part), 2003)

13.04.040 Installation charges.

A.    The installation charge for any new service requiring a water meter shall be listed below:

5/8—3/4-inch Standard Residential

$6,000

1-inch Residential

$7,000

1-1/2—2-inch Commercial

$8,000

Any meter installation over two-inch will be negotiated with the city engineer and water director at the time of application to the city.

B.    Installation charges will be payable in advance of installation to the office of the clerk-treasurer. Fifty percent (50%) of installation charge will be deposited into the city’s Water Operations and Maintenance Fund (Fund 401), twenty percent (20%) will be deposited into the city’s Water Construction Fund (Fund 400), and thirty percent (30%) will be deposited into the city’s Water Storage Capital Facilities Fund (Fund 406). (Ord. 601 § 1, 2011: Ord. 559 § 1, 2008: Ord. 530 § 2, 2005; Ord. 503 § 2 (part), 2003)

13.04.050 Billing.

A.    Billing to customers shall be made at bi-monthly intervals. An invoice shall be sent to each consumer on or before the tenth day following each billing period. Billings shall become delinquent if not paid in full on or before the thirtieth day following the date of the invoice.

B.    Payments received in settlement of any utility billing shall first be credited to penalties, interest, nonliened utility services, liened utility service, and then water.

C.    Customer Deposits. Consumers shall not be required to make a cash deposit with the city for water services to be established. Each and every property owner within the service area of the city water system desiring water service shall be required, however, to make application for water service with the city on the printed forms provided therefor, in accordance with any and all provisions of the ordinances of the city as they relate to water service.

D.    Billing and Liability. All charges for water and service connections will be billed to property owners or their duly authorized agent(s). Such authorization shall be in writing over the property owner’s signature. The term “agent” as used in this section includes a tenant if the owner and tenant have executed and filed with the city’s clerk-treasurer current joint and several agreements on a form approved by the city, authorizing the city to bill the tenant directly. All water consumed, service connection fees, and assessments shall be charged against the premises to which it is furnished and shall become a lien against said premises if not paid. If for any cause any sums owing therefor become delinquent, water service may be terminated and not reinstated until any and all delinquent amounts owing against the premises have been paid in full. No change of ownership or occupation shall affect the application of this section; provided, however, that utility service shall not be denied to a new tenant not responsible for a delinquency accruing to the premises on account of nonpayment if the new tenant accepts responsibility for all charges for utility services to the tenant’s household thereafter during the tenancy. This shall not waive any right the city otherwise may have.

E.    If the director discovers or is informed that there is an unusually large and excessive amount of water billed to a customer at the end of a billing period, the director shall investigate as to whether or not there is a leak in the system on the customer’s side of the meter, and to what extent the excess water use is caused by such a leak. If such a leak is found, the city of Rainier will so inform the customer and will adjust out the amount of reasonably estimated excess water billed to the customer for that first billing period when the leak was discovered to have occurred. It will then be the customer’s responsibility to repair the leak immediately. If the leak continues, no future billing will be adjusted for any such overage or alleged overage.

F.    The director shall offer residential customers the option of a budget billing or equal payment plan. (Ord. 612 § 1 (part), 2012: Ord. 503 § 2 (part), 2003)

13.04.060 Penalty for nonpayment.

A.    Immediately after the thirtieth day following each billing period, the director or representative shall prepare and post conspicuously upon the premises of any delinquent account, a seventy-two (72) hour shut off notice. Upon posting of said notice, a penalty of fifteen dollars ($15.00) shall be added to each delinquent account so posted.

B.    A charge of forty dollars ($40.00) shall be made for any non-sufficient check returned. In addition, service may be discontinued if any N.S.F. check is not redeemed and any penalty provided for is not paid. A seventy-two (72) hour shut off notice shall be posted conspicuously upon the premises before discontinuance of service. The director shall have the right to require payment in cash or certified funds for payment of future services rendered except in the case of a new tenant as provided in Section 13.04.050(D).

C.    In addition to other penalties and charges provided for herein, a twenty-dollar ($20.00) reconnect fee shall be charged to each account for which water service has been discontinued for nonpayment. (Ord. 678 § 1 (part), 2019: Ord. 503 § 2 (part), 2003)

13.04.070 Discontinuance of service.

A.    The consumer is required to give notice to the utility of the consumer’s intention to discontinue service.

B.    The utility may discontinue or refuse service for any of the following reasons:

1.    Nonpayment of bills;

2.    Willful waste of water through improper or imperfect pipes, fixtures or otherwise;

3.    Tampering with the utility’s property;

4.    Vacation of the premises by customer;

5.    Nonpayment of any proper charge as provided in the ordinances of the city;

6.    Refusal to allow utility employees access to premises;

7.    Use of equipment which adversely affects the utility’s service to its other customers;

8.    Fraudulent use or obtaining of service. Whenever a fraudulent use or obtaining of service is detected, the utility may discontinue service without notice; provided, however, that if the customer shall make immediate payment for such estimated amount of service as had been fraudulently taken and all costs resulting from such fraudulent use, the utility shall continue such service, subject to applicable fines. If a second offense as to fraudulent obtaining or use is detected, the utility may refuse to reestablish service subject to appeal to the city council. This rule shall not be interpreted as relieving the customer or any other person of civil or criminal responsibility; and

9.    Refusal to fill out a water application/refusal to sign authorization to bill tenant.

C.    Except in case of danger to life or property, fraudulent use, impairment of service or violation of law, no utility shall discontinue service unless the following conditions are met:

1.    Before effecting disconnection of service, a utility shall make a good faith effort to reach the customer in person or by telephone to advise the customer of the pending disconnection and the reason therefor;

2.    The city shall provide written notice of disconnection served on the customer either by mail, or, at its option, by personal delivery of the notice to the customer’s service address. If a mailed notice is elected, service shall not be disconnected prior to five p.m. of the first business day following delivery. Delivered notice shall be deemed effective if handed to a person of apparent competence in the residence of the service customer. If no person is available to receive notice, it shall be deemed served if attached to the primary door of the residence unit or business office at which service is provided. If service is not discontinued within ten (10) working days of the day noted, unless other mutually acceptable arrangements have been made, that disconnect notice shall become void and a new notice shall be required before the service can be discontinued. Where the service address is different from the billing address, the director or other authorized official shall in all instances prior to effecting discontinuance of service, upon its own initiative, provide notification to the service address. All notices of delinquency or pending disconnection shall detail procedure pertinent to the situation and provide notice of means by which the customer can make contact with the utility to resolve any differences or to avail himself of remedies set forth herein;

3.    Except in case of danger to life or property, no disconnection shall be accomplished on Saturdays, Sundays, legal holidays, or on any other day on which the utility cannot reestablish service on the same or following day;

4.    The utility may assess a reasonable fee as provided for in the ordinances of the city for the disconnection visit to the service address. Notice of the amount of such fee, if any, shall be provided with the notice of disconnection;

5.    The city shall undertake all reasonable efforts to advise all occupants of a multiple-dwelling unit or master-metered complex prior to discontinuing service, and upon request of one or more users, the utility is required to allow an additional five days to allow the users to remove the cause for discontinuance; and

6.    When service is provided to a hospital, medical clinic or nursing home, copies of any notice of pending disconnection shall be provided to the director, Washington State Department of Social and Health Services, as well as to the customer.

D.    Payment of any delinquent amounts to a designated payment agency of the utility shall constitute payment to the utility, providing the customer informs the utility of such payment.

E.    Service shall be restored when the cause of discontinuance has been removed and when payment of all proper charges due from the customer has been made as provided by the ordinances of the city; or as the council may order pending resolution of any bona fide dispute between the utility and customer over the validity of disconnection.

F.    A utility may make a charge for restoring service when service has been discontinued for nonpayment of bills. The amount of such charge, unless otherwise specified by ordinance, shall be ten dollars ($10.00) or the actual cost of restoring service, whichever is higher. (Ord. 612 § 1 (part), 2012: Ord. 503 § 2 (part), 2003)

13.04.080 Complaints and disputes.

Any complaint or dispute involving a utility and a customer shall be treated in the following manner:

A.    Each complaint or dispute received by a utility shall be investigated promptly as required by the particular case, and the result reported to the applicant or customer. When circumstances indicate the need for corrective action, such action shall be taken as soon as possible.

B.    Each utility shall ensure that personnel engaged in initial contact with a dissatisfied or complaining applicant or customer shall inform the customer that if dissatisfied with the decision or the explanation that is provided, the customer has the right to have that problem considered and acted upon by supervisory personnel. The customer shall be provided with the name or department of such supervisory personnel and a telephone number by which they may be reached.

C.    A utility shall ensure that supervisory personnel contacted by a dissatisfied applicant or customer shall inform a still-dissatisfied applicant or customer of the availability of the city council for further review of any complaint or dispute.

D.    All parties to a dispute between an applicant or customer and the utility shall have the right to bring before the city council an informal or formal written complaint. The complaint shall be heard by the city council at a regular meeting held within thirty (30) days following receipt of the complaint. (Ord. 503 § 2 (part), 2003)