Chapter 13.08 WATER SYSTEMS

This article is intended to provide minimum standards for the construction of domestic water and sewer facilities within the city. The city intends to use the Standard Specifications for Municipal Public Works Construction as the minimum required standards for future construction within the city. All future public works construction after the effective date of the ordinance codified in this article shall be in compliance with said standards. (Ord. 618 § 1, 1987; Ord. 557 § 1, 1985)

13.08.020 Minimum standards.

No person shall construct any domestic water or sewer facility within the city unless said construction has specifications which are at a minimum the Standard Specifications for Municipal Public Works Construction. (Ord. 618 § 2, 1987; Ord. 557 § 2, 1985)

13.08.030 Adoption of standard specifications.

The city adopts the Standard Specifications for Municipal Public Works Construction as prepared by the Washington State Chapter of American Public Works Association. This adoption by reference includes all future amendments and changes to said Standard Specifications for Municipal Public Works Construction which are prepared by and adopted in the future by the Washington State Chapter of American Public Works Association. A copy of said Standard Specifications for Municipal Public Works Construction can be obtained from the city public works superintendent at a cost to be determined. (Ord. 618 § 3, 1987; Ord. 557 § 3, 1985)

13.08.040 Violation – Penalty.

Any person who shall violate any provision of this article shall be guilty of a misdemeanor and on conviction thereof shall be fined in an amount of not more than $500.00 for each violation, or jailed for a period not to exceed 30 days, or both such fine and incarceration. In addition, any violation of this article shall be deemed to be a public nuisance, subject to prevention or abatement by injunction or other appropriate legal remedies in a court of competent jurisdiction. (Ord. 618 § 5, 1987; Ord. 557 § 5, 1985)

Article II. Water Rates

13.08.045 Connection to domestic water system.

A connection charge will be imposed for each unit on the property owner/applicant of any detached single-family, two-family dwellings, or multiple single-family dwellings (townhouses) with a separate means of egress, or facility to be connected to the domestic water system and has not paid a domestic water connection charge for such dwelling(s) or facility. The cost of a new service connection and separate water meter(s) shall be the responsibility of the property owner/applicant. No water service will be provided until the connection fee and general facility charge have been paid in full for each unit or facility. No subsequent service connection(s) will be allowed until all previous connection fees have been paid in full.

A. New Connections. City shall review and approve all new connections to the public domestic water system. Such connections shall be subject to the charges and requirements of this chapter.

1. Meter Size and Charge. The public works director shall determine appropriate meter size for proposed service, uses and facilities. A domestic charge shall be determined by the size of the water meter to be installed based upon the following chart:

3/4 inch	$600.00
1 inch	$780.00
1-1/2 inches	$1,080
2 inches	$1,440
3 inches	$1,800
4 inches	$2,160

City shall provide and install any required meters of one inch or less. The provisions shall include the cost of the meter, vault, backflow device and cost of installation.

B. Meters Greater Than One Inch. For connections requiring meters that are greater than one inch in size, the cost of the meter, vault, backflow device and installation shall be the responsibility of the property owner/applicant. For any facility to be served by a water meter that is larger than four inches in diameter, the public works director shall calculate a recommended domestic charge pursuant to this subsection. The recommended domestic charge shall be calculated in a manner consistent with the methodology utilized for calculation of rates set forth herein.

C. Replacement of Existing Meters. City shall provide meters for replacement of obsolete, defective and/or worn out meters caused by reasonable wear and tear and as determined reasonable and appropriate by the public works director. Replacement shall apply only to meters of one inch or less in size. City shall not, at its own expense, provide replacement meters in any other circumstance. Replacement of larger meters shall be the responsibility of the property owner. All costs for meter (i.e., larger than one inch), installation, supplies and labor shall be the sole responsibility of the property owner.

D. Standards for Installation. All new and/or replacement meters shall be installed by the city or under the supervision of the public works director or his/her designee. Plans and specifications may be further required by public works director as may be reasonable or appropriate for the installation.

E. General Facility Charge. A general facility charge (GFC) is based on equivalent residential units (ERUs). An ERU is a baseline number representing average residential household water consumption as defined in the most recent city of Zillah comprehensive water system plan. An ERU for standard residential connections shall be equal to $2,000. For nonresidential and nonstandard residential connections requiring more than one ERU, the following shall apply:

1. Estimate of Water Usage. An applicant/property owner for a nonresidential and/or nonstandard residential connection shall prepare an estimate of the required water service ERU for the proposed use and/or facility. Such estimate shall be reviewed by public works director (or his designee) and a final use estimate determined for the use and/or facility. The estimate may be based upon the Department of Health and Department of Ecology estimates (as defined in their most recent respective design guidelines), this comprehensive water plan, and/or assessment of similar connections and uses.

2. Payment of GFC. The property owner/applicant for the water service shall pay a GFC based upon the use evaluation (e.g., if a nonresidential or nonstandard residential customer uses 20 times the flow of the average household, this use would be expressed as 20 ERUs). This number shall be rounded to the nearest one-tenth ERU and the GFC based on a rate of $2,000/ERU.

3. Monitoring – Additional Charge. City shall have the right to evaluate and monitor metered water use for a period of 24 months to determine the actual number of water ERUs utilized by the use and/or facility. If it is determined that the actual ERUs are greater than the estimated ERUs, the city shall establish the amount of such excess use and charge property owner for the increased general facility charge (GFC).

4. Use Greater Than 20 ERUs. City reserves the right to negotiate GFCs for activities or uses that are determined to use greater than 20 ERUs that can clearly show a substantial increase in property value to the city’s service area. The following criteria shall be used in determining a GFC reduction:

a. An applicant that proposes a use and estimates that more than 20 ERUs may be required shall submit, in writing, a request to the city to negotiate the GFC.

b. If the applicant chooses to negotiate the GFC, they shall submit relative and factual information in writing regarding the proposed property value increase. City shall verify the applicant’s information and may also provide additional information on the proposed property value increase and set a date for city council review and consideration of the GFC.

c. City may at the same time use Yakima County tax assessor and building permit information to verify the subject property’s value with those stated in the negotiated GFC. Assessor and building permit data may be determinative in the assessment of value for purposes of calculating and reduction in the negotiated GFC. If fair market property values or actual ERU data is different than the initial evaluation, city may make an appropriate adjustment in the GFC charge.

d. For every $1,000,000 of proposed property value increase, city may reduce the GFC by one ERU that is above the initial 20 ERUs. At no time shall an activity generating more than 20 ERUs be charged less than 20 ERUs.

5. Use Greater Than 50 ERUs. For activities that generate greater than 50 ERUs, city may also negotiate a reduction in GFC based on employment opportunities that the site would generate. In this case, in addition to other required information in this section, the applicant shall also submit any available information on number of potential employees and wages related to the site and its impact to the city. If a reduction in the GFC is granted through this subsection, it shall also be verified at 12 and 24 months. If true employment projections or actual ERU data is different than the initial evaluation, city may make an appropriate adjustment in the GFC charge.

Any such granting of reducing a determined GFC shall include a finding of fact that clearly indicates the reasons for such a reduction and is approved by the city council.

6. Material Change in Usage. In the event a material change in usage occurs which increases the number of ERUs for a water service, the city may determine and issue an additional GFC based upon such increased usage. The determination may be based upon a monthly monitoring of water usage by the use and/or facility.

F. Change in Fees/Charges. The fees and charges established herein may be amended from time to time by ordinance of the city council. Any such amendments shall be based on changes in the city’s cost of withdrawing, storing, distributing, planning, designing and/or maintaining domestic water service to the city’s service area.

G. Schedule of Rates. The city shall maintain a schedule of current rates, fees and charges and make them available to all interested persons. (Ord. 1498 § 2, 2019; Ord. 1084 § 2, 2006; Ord. 946 § 2, 2001)

13.08.047 Water meter size reduction.

For properties located in the commercial zones, a property owner or their designated representative or agent may request a reduction in meter size by written request with necessary support documentation. Any reduction request shall be submitted to planning and building department for review and approval or denial by the city engineer. All costs for review shall be paid by the party requesting the reduction.

A. Supporting Information. The city engineer shall review and decide all water meter reduction requests to the public domestic water system. All requests shall provide, at a minimum, the following information:

1. Equivalent residential units (ERUs) calculations.

2. A full description of the use to be serviced.

3. Peak demand assessment.

4. Fixture counts.

5. Floor plan of building(s).

B. If the reduction is approved, the authorization applies only to the use as presented in the request. Any expansion of the use or a change in the use shall require a new application or request for any modification to applicable meter standards. A development covenant shall be recorded against the parcel reflecting the terms of the approval.

C. Appeal Process. If the applicant disagrees with the city determination, they may appeal the decision to the Zillah hearing examiner. Further appeal of hearing examiner decisions are held before Zillah city council. (Ord. 1527 § 2, 2021)

13.08.050 Minimum rates within city limits.

The minimum monthly charges for water supplied by city of Zillah shall be as follows:

	2023	2024	2025
Base rate per metered hook-up	$16.93	$17.44	$17.97

Such charge shall be for all water supplied up to a maximum of 300 cubic feet per month. (Ord. 1549 § 3, 2022)

13.08.055 Rates in excess of minimum charge.

Water users shall be charged the following rates per cubic foot (cu. ft.) of water used in excess of 300-cubic-foot minimum in any one calendar month:

	2023	2024	2025
Customer usage rate charge per cu. ft.	$0.035	$0.036	$0.037

(Ord. 1549 § 4, 2022)

13.08.060 Rates within city limits when no meter exists.

In the event a water meter is unavailable to the property owner or water user for purposes of measurement, the property owner or water user shall be charged a minimum price of $28.12 per entity for each calendar month that water is supplied to the said water user. (Ord. 1549 § 5, 2022)

13.08.065 Surcharge for users outside city limits.

All entities located outside the corporate limits of the city of Zillah, with or without a meter, shall be charged as follows:

	2023	2024	2025
Base rate per metered hook-up	$25.40	$26.16	$26.95

The base charge shall be for all water supplied up to a maximum of 300 cubic feet per month.

(Ord. 1549 § 6, 2022)

13.08.067 Outside city limits rates in excess of minimum charge.

Outside city limits water users shall be charged the following rates per cubic foot (cu. ft.). for water used more than 300 cubic feet minimum in any one calendar month:

	2023	2024	2025
Customer Usage Rate Charge per cu. ft.	$0.053	$0.054	$0.055

(Ord. 1549 § 4, 2022)

13.08.070 Penalty provision.

A penalty of $15.00 shall be charged on bills that have not been paid by the fifteenth of the month. Nothing shall be credited or taken away from bills paid before the fifteenth of said month. A penalty notice will be mailed out to the address on file and will also serve as a 10 days’ notice that the account is delinquent and will be disconnected if not paid. Failure to receive a billing statement does not relieve the utility account from receiving charges or penalties. (Ord. 1549 § 7, 2022)

13.08.075 Governmental entity – Payment.

In order to recognize billing cycles and timetables for governmental entities, any and all payments from governmental entities with respect to water charges shall be payable by the twentieth day of the month the bill is mailed. The penalty provisions shall not apply except in such instances as payment is not received by the identified due date. (Ord. 1549 § 8, 2022; Ord. 1075 § 7, 2005)

13.08.080 Lien provision.

In the event the bill is delinquent for more than four months, a lien may be placed upon the property owner for said amount of delinquent charges and the said service shall be disconnected until paid in full. (Ord. 1549 § 9, 2022)

13.08.085 Landlord/property owner.

Pursuant to RCW 35.21.217, when the utility service is in a tenant’s name, the property owner/landlord is ultimately responsible for the utility charges that are left unpaid. The city shall retain the right to collect from the property owner any delinquent amounts due for service previously provided to the service address if the tenants are delinquent and/or the account is closed for more than four months and the city has made a good faith and reasonable effort to provide written notice to the tenants of the outstanding utility charges. (Ord. 1549 § 10, 2022)

13.08.087 Collection agencies.

The city may assign delinquent accounts of more than four months to a licensed collection agency under the authority provided in RCW 19.16.500. At least 30 days before assigning debt, the city will first attempt to make a good faith and reasonable effort to provide the debtor with the existence of the debt and that the debt may be assigned to a collection agency if not paid. (Ord. 1549 § 11, 2022)

13.08.090 Irrigation water.

All separate meters for irrigation water from domestic water shall be charged at the rate of $35.00 per 1,000 cubic feet or any portion thereof. (Ord. 1549 § 12, 2022)

13.08.092 Municipal irrigation water.

All separate meters for irrigation water from domestic water for municipal use shall be charged at the rate of $6.00 per 1,000 cubic feet or any portion thereof. (Ord. 1549 § 13, 2022)

13.08.095 Capital recovery reimbursement costs.

Anytime the city or an individual makes application for and complies with the provisions of Chapter 13.30 ZMC, Utility Reimbursement Agreements, and the city council so authorizes, any person or agency connecting to the sewer system in a reimbursement area shall be responsible to pay for reimbursement costs associated with sewer system improvements to a particular geographic area. (Ord. 946 § 3, 2001)

13.08.100 Capital cost recovery areas.

A. Establishment of Capital Cost Recovery Areas. Capital cost recovery areas (as shown in Attachment A) are hereby established for the purpose of assessing fees to specially benefited properties for the purpose of recovering capital costs for provision of improved water storage, fire flow capacity, water service pressure and associated water service capabilities.

B. Establishment of New Water Connection Fees for Specific Benefit Districts. Fees shall be assessed for new water connections within the capital cost recovery areas established herein. Such fees have been calculated based on water system funds expended to construct the identified capital improvements. Benefit area assessment fees per equivalent residential service (ERU) for new connections to the city water system will be assessed as follows:

West Zillah ERUs	$825
Zone 2 ERUs	$1,250
All Other	$400

Such fees shall be in addition to any costs or fees already in existence. New non-single-family residential water service connections will be assessed fractional or multiple ERU benefit area assessment fees as per this chapter.

D. Expenditures of Funds. Monies collected from connection fees for new water connection for specific benefit districts shall be expended exclusively for costs associated with future water capital improvements. The city clerk/treasurer shall maintain an accurate accounting of said collections and expenditures.

(Ord. 1162 §§ 1 – 4, 2008)

13.08.115 Disconnections and reconnections.

A. In addition to other lawful remedies to the city, regarding the collection of delinquent water charges, the public works director of the city is authorized to discontinue delivery of delinquent water to any residence when the occupant thereof has failed to pay the delinquent water charges within 10 days after the water charges become delinquent. Water charges are deemed to be delinquent if not paid by 5:00 p.m. on the fifteenth day of the month of billing. In the event the public works director discontinues water service and delivery to a residence, then delivery of water shall not be commenced until full payment of all delinquent amounts, including reconnection charges and penalties thereof, is made. Charges for connection shall be $40.00 if reconnection is requested between the hours of 9:00 a.m. and 4:30 p.m. on weekdays which are not holidays, or $75.00 if reconnection is requested at any other time. The city shall promptly make reasonable attempts to reconnect the water service. There must be someone 18 years of age or older present at the location of the shut-off for the water to be reconnected.

B. Deposit Requirement. Prior to commencing utility service connection to any person not presently paying utility charges to the city of Zillah said person requesting such delivery and service shall be required to deposit to the city the sum of $100.00. Said deposit shall be refunded to the account holder’s water account after making on-time payments after a one-year period of time and on the condition that all utility charges billed by the city of Zillah to said account holders have been paid on a timely basis, as defined in ZMC 13.08.117. There must be someone 18 years of age or older present at the location to be connected. The said deposit, less any outstanding charges, may also be refunded and returned to the said account holders upon a request that utility service be discontinued by said person.

Any account holder changing residences within the area served by Zillah Utilities and who requests said services from the city will not be required to make a deposit if the said account holder has previously received utility service from the city and the account holder has timely paid all billings for a period of one year.

C. Extensions. Prior to the shut-off of service, the person or persons owning and/or using the water service subject to shut-off may request an additional five-day extension or grace period. The five-day grace period will stay the action to shut off services for an additional five days beyond the shut-off date specified in subsection (A) of this section. The city administrator, or designee, shall review and grant the requested grace period. The extension or grace period provided for in this subsection is only available six times in any 12-month period. No additional grace periods are available. During the five-day grace period, the total current account balance must be paid. Where a person or persons owning and/or using the water service subject to shut off requests an extension and does not pay the total current account balance including any reconnection charge in full during the grace period, that person is unable to request any further extensions under this subsection for a 12-month period.

D. Limitations on Shut-Offs. The shut-off of water is subject to the following limitations:

1. Water service shall not be cut off or discontinued from residential users due to nonpayment under any of the following:

a. Where the delinquent amount is $15.00 or less; or

b. During a qualifying heat-related event. A qualifying heat-related event is any specific day (or period of time) for which the National Weather Service has issued or announced that it intends to issue a heat-related alert for the area in which the residential user’s address is located, including:

i. Excessive heat warning;

ii. Heat advisory;

iii. Excessive heat watch; or

iv. Similar alert.

2. A residential user whose dwelling water service has been disconnected for lack of payment may request that the city reconnect service on any day for which the National Weather Service has issued or has announced that it intends to issue a heat-related alert, such as an excessive heat warning, a heat advisory, and excessive heat watch, or a similar alert, for the area in which the residential user’s address is located. Upon the receipt of such a request, the city shall promptly make a reasonable attempt to reconnect service to the dwelling by going to the dwelling to meet with the resident or homeowner. There must be someone 18 years of age or older present at the location of the shut-off for the water to be reconnected. Service shall remain connected until the qualifying heat-related event has passed. The unpaid amount shall be paid by the fifteenth day of the month following the reconnection of the water service provided such payment is less than six percent of the customer’s monthly income. If the payment exceeds six percent of the customer’s monthly income, such excess sums shall be repaid over successive months with each monthly payment being equal to six percent of the customer’s monthly income until paid in full by the following May 15th. The customer shall provide verification of monthly income upon request by the city. (Ord. 1564 § 1, 2023; Ord. 1050 § 1, 2005; Ord. 806 § 1, 1995; Ord. 742 § 1, 1993; Ord. 583 § 1, 1985; Ord. 502 § 1, 1983; Ord. 256¹ § 605, 1955)

13.08.116 Disconnections at rentals.

At any such time that a charge for domestic water imposed by the authority of this chapter has been delinquent for 10 days, the city public works director is authorized to discontinue delivery of domestic water to said residence. Said public works director shall discontinue water to said residence irrespective of whether persons other than those whose incurred the water charges now occupy the rental premises. The procedures for disconnections and reconnections set forth in ZMC 13.08.115 shall apply to a disconnection under the authority of this section. (Ord. 923 § 3, 2000)

13.08.117 Definition of timely basis.

“Timely basis” means prior to the assessment of penalty. (Ord. 706 § 2, 1991)

13.08.118 Additional charge for city water.

In addition to the rates per calendar month otherwise established by ordinance for city water supplied per entity to any person, firm, or corporation within the limits of the city, there shall be a rate increase of $1.25 to equal the sum of $9.00, effective January 1, 2005. (Ord. 1020 § 2, 2004)

Article III. Prohibited Acts

13.08.120 Drawing water from another’s pipes without city permission.

A. A domestic water user shall not permit other user or users of water, whether the same is for domestic or other purposes, to draw or use water through his pipes without having obtained permission from the water superintendent. Any water user who violates the provisions of this subsection shall be guilty of a misdemeanor and the water to his property shall be turned off.

B. Any person who violates any provision of this section shall be guilty of a misdemeanor and upon conviction thereof shall be fined in an amount not to exceed $500.00, or shall be incarcerated for a period of time not to exceed six months, or both such fine and incarceration. (Ord. 571, 1985)

13.08.130 Groundwater well drilling – Prohibited – Statement of policy.²

Superseded by Ord. 1139. (Ord. 642 § 1, 1988)

13.08.135 Groundwater well drilling – Prohibited – Penalty.*

Superseded by Ord. 1139. (Ord. 642 §§ 2, 3, 1988)

Article IV. Cross-Connections

13.08.140 Purpose of article.

The control, including elimination, of cross-connections for all new and existing water service customers shall be in accordance with the city of Zillah’s cross-connection control manual, attached to the ordinance codified in this article and incorporated in reference herein. In addition, applicable regulations of the Department of Health stated in the State of Washington Administrative Code (WAC 246-290-490) or subsequent revisions shall be complied with. Where, in a specific case, different materials, methods or other requirements apply, the more restrictive shall govern. Where there is a conflict between a general requirement and a specific requirement the specific requirement shall govern. (Ord. 916 § 1, 2000; Ord. 635 § 1, 1988)

13.08.150 Definition of cross-connection.

Any actual or potential physical connection between a public water system and any source of nonpotable liquid, solid or gas that could contaminate the public water supply by backflow. (Ord. 916 § 1, 2000; Ord. 635 § 2, 1988)

13.08.160 Cross-connections prohibited.

It is unlawful for any person to allow any contaminants or pollutants to back feed from their facility and/or property into the city’s municipal water distribution system, and shall ensure that there does not exist a cross-connection located within the facility and/or property to which said domestic water service is to be delivered. In making application to receive domestic water service from the city the applicant shall certify that no cross-connection exists or will exist within the facility and/or property to which water service delivery is sought. (Ord. 916 § 1, 2000; Ord. 635 § 3, 1988)

13.08.170 Existing cross-connections.

Should any person have within their facility and/or property an existing cross-connection with the city’s domestic water system that cannot reasonably be eliminated a certified and approved backflow prevention device shall be installed at the property owner’s expense. (Ord. 916 § 1, 2000; Ord. 635 § 4, 1988)

13.08.180 Duties of public works administrator.

It shall be the duty and responsibility of the public works director for the city to inspect for and regulate the provisions of this article. The public works director shall be responsible to determine circumstances under which existing cross-connections cannot be eliminated, and shall be responsible to ensure that backflow prevention devices are installed to protect the public domestic water system. (Ord. 635 § 5, 1988)

13.08.190 Discovery of hazard – Abatement.

If an immediate hazard to health is suspected by a located cross-connection, the public works supervisor shall take immediate steps to disconnect the public domestic water supply to the premises containing the cross-connection. (Ord. 635 § 6, 1988)

13.08.200 Violation – Penalty.

Violations of or failure to comply with the provisions of this article are declared to be unlawful and are declared to be a misdemeanor. Upon conviction for a violation of this article, a fine in the sum of $500.00, or incarceration of a period of not to exceed 30 days, or both said fine or imprisonment may be imposed. (Ord. 635 § 7, 1988)

Editor’s Note: Ord. 256 sets out water system provisions not set out in this code. Rates have been codified as they have been amended regularly. Other water system ordinances not codified are as follows: Ords. 77, 95, 103, 133, 149, 151, 156, 166, 173, 224, 225, 245, 253, 278 and 422.

Editor’s note: Ord. 1139 consolidates and amends the provisions of Ords. 642 and 1045. Provisions covering the subject matter previously contained in these sections are now found at ZMC 13.18.065 and 13.18.095.