Chapter 13.04
WATER SYSTEM REGULATIONS AND CHARGES

Sections:

Article I. General Provisions

13.04.010    Statement of intent.

13.04.020    Title.

13.04.030    Definitions.

13.04.040    Sewer connections and exemptions.

13.04.050    Shutoffs.

13.04.060    Water shortage emergency.

Article II. Rates and Charges

13.04.070    Water service applications and connection charges.

13.04.080    Water bills – Payment and collection.

13.04.090    Repealed.

13.04.091    Utility miscellaneous charges.

13.04.100    Water rates.

13.04.105    Annual rate adjustment.

Article III. Regulations

13.04.110    General regulations.

13.04.120    Water meters.

13.04.130    Repealed.

13.04.131    Defrauding a public utility – Statutes adopted by reference.

13.04.140    Special use of water.

13.04.150    Water system extension.

13.04.160    Use of hydrants.

Article IV. Water Service Cross-Connections

13.04.170    Inspection and right of access.

13.04.180    Responsibility of customer.

13.04.190    Prohibited.

13.04.200    Citation of specific standards.

13.04.210    Backflow devices.

Article V. Enforcement

13.04.220    Violation – Penalty.

Article I. General Provisions

13.04.010 Statement of intent.

It is the intent of the city council that the Bonney Lake water department shall serve all users of water within the city and within the city’s water service area subject to appropriate statutes and ordinances and subject to the limitations of the water department’s supply and delivery systems. (Ord. 588 § 1, 1987).

13.04.020 Title.

The ordinance codified in Articles I, II, III and V of this chapter shall be known as the water ordinance and may be cited as such. (Ord. 588 § 20, 1987).

13.04.030 Definitions.

A. “Business, commercial or industrial use of water” means any person, partnership or corporation which is a customer of the Bonney Lake water department and possesses a valid business or commercial license.

B. “City” means the city of Bonney Lake.

C. “Commodity charge” means the amount the customer must pay the city for water by volume (cost/100 cubic feet).

D. “Connection charge” means the total of the cost of the customer’s connection to the system as defined in subsection J of this section plus the customer’s equitable share of the cost of the system.

E. “Council” means the city council of the city of Bonney Lake.

F. “Detached accessory dwelling unit (ADU)” means a detached standalone dwelling structure on the same lot as the primary dwelling for use as a complete, independent living facility with provision within the accessory unit for cooking, eating, sanitation, sleeping and entry separate from that of the main dwelling.

G. “Developer” means any person, partnership or corporation which develops land for subdivision or constructs buildings.

H. “Duplex” means a building not more than three stories in height, consisting of two attached single-family dwelling units in which each unit extends from foundation to roof. Each unit has a separate means of egress and each unit has separate open space on three sides. A detached single-family dwelling unit containing two independent living facilities as defined in subsection I of this section shall not be not considered a duplex for the purposes of utility billing under this section.

I. “Dwelling unit” means a single unit providing complete independent living facilities for one or more persons, including permanent provisions for living, sleeping, eating, cooking and sanitation.

J. “Installation charge” means the cost incurred by the city in making the physical connection to the water system, including both direct and indirect cost.

K. “Metered service” means the service for which charges are computed on the basis of measured quantities of water.

L. “Multifamily” means a single structure containing three or more dwelling units.

M. “Public works director” means the public works director of the city of Bonney Lake.

N. “Restoration fee” means a fee charged when service is reinstituted to a property from which the owner had previously requested service be discontinued.

O. “Service charge” means the amount the customer must pay the city for the availability of water service, irrespective of whether any water is used.

P. “Utility rates” means those charges made for utility services by ordinance of the city council of Bonney Lake.

Q. “Water department” means the city of Bonney Lake water department.

R. Unless otherwise defined, all other terms shall have their usual and accustomed meanings. (Ord. 1374 § 1, 2010; Ord. 1221 § 1, 2007; Ord. 1129 § 1, 2005; Ord. 692 § 1, 1994; Ord. 588 § 2, 1987).

13.04.040 Sewer connections and exemptions.

A. Sewer Connections Mandatory. All new development must connect to the public sewer system unless an exception or special provision in this section has been met.

B. Exception for Residential Development. Where a public sanitary sewer is over 200 feet from a lot of record (as measured along centerline of right-of-way or easement from end of sewer main to intersection of right-of-way centerline and extension of the nearest property line), a private wastewater disposal system may be installed in conjunction with the construction of an individual detached single-family home, duplex, triplex, or fourplex; provided, that the Tacoma-Pierce County health department has issued a permit for the private wastewater disposal system.

C. Limits on Use of Private Wastewater Disposal Systems. Where a private wastewater disposal system predates the enactment of this section or has been permitted pursuant to subsection B of this section, the private wastewater disposal system may be used so long as it is functioning properly; provided, that:

1. When a gravity public sewer main with a side sewer connection has been installed in any street, alley, or right-of-way abutting the property line, the property must connect to the public sewer at the time of sale or substantial improvement as defined in BLMC 16.20.030; and

2. When a public sewer main has been installed to or across the property line, the property must connect to the public sewer if the private wastewater disposal system fails or requires replacement;

3. If a property is not connected to the public sewer at the time a connection is required under this section, the city shall levy penalties in an amount equivalent to such charges that would be levied if said property were connected, pursuant to RCW 35.67.190.

D. Special Conditions for Eastown Subarea. Properties within the Eastown subarea that are within the area served by Lift Station 23 may continue to use existing private wastewater disposal systems for existing or changed uses and may install new private wastewater disposal systems in conjunction with changes of use or new construction. The Tacoma-Pierce County health department must issue a permit for all private wastewater disposal systems. Applicants for development approvals or permits, including but not limited to site plan approvals, building permits, tenant improvements, and certificates of occupancy, shall, at the time of permitting, execute an agreement with the city containing the following provisions:

1. A covenant, which shall run with the land and bind future owners of the property, to connect to public sewer service within one year of when sewer service becomes available. For purposes of this section, sewer service is available when an active public sewer main reaches the property line or is within 250 feet of the property line;

2. An agreement that system development charges and related charges, latecomer fees, and monthly sewer fees shall be due at the time public sewer service becomes available, and that unpaid charges will become a lien on the property;

3. An agreement to install public sewer infrastructure required by then current Bonney Lake Municipal Code, including dry lines located in a public sewer easement, at the time of temporary septic system construction;

4. An agreement that if future construction increases the sewer capacity required by the property, additional system development charges shall be paid;

5. A requirement to decommission the private wastewater disposal system at the time of sewer connection.

E. Short Plats. Shorts plats of four or less lots may install new private wastewater disposal systems on each individual lot; provided, that the Tacoma-Pierce County health department issues a permit for all private wastewater disposal systems and there is compliance with the following:

1. The applicant shall prepare civil plans, which must be approved by the city, for the sewer extension that would have been required to serve the short plat and install dry lines consistent with the approved civil plans within and along the frontage of said short plat prior to obtaining final short plat approval. This provision does not require an applicant to prepare plans for any required regional lift stations.

2. Community septic systems shall not be utilized or accepted by the city.

3. Place the following notices on the face of the final short plat:

a. Property owners shall be required to connect to the public sewer service when the property is sold and/or the septic system fails, if the sewer service is available.

b. Property owners shall be responsible for system development charges and related charges, and latecomer fees at the time connection to the public sewer service becomes available, and that unpaid charges will become a lien on the property.

c. Property owners shall be charged the monthly base charge starting when the sewer service is available regardless if a connection to the sewer service is made.

d. Property owners shall decommission the private wastewater disposal system at the time of sewer connection.

F. Financial Hardship. When connection to the sewer system becomes mandatory, an applicant may apply to the city to pay the sewer SDC on an installment payment plan. The application shall state that paying the SDC poses a financial hardship. The city may permit the applicant to pay the charge in monthly or annual installments (not both) for a period of not more than five years. An interest rate, as determined by the city’s chief financial officer based on the current rate of return the city would receive otherwise, will be charged on the balance owing to the city. If the property is sold prior to full payment of the entire obligation, the entire remaining balance of the sewer SDC plus interest shall be due and payable at the time of sale. Any past-due installments and any remaining balance that are not paid at the sale will become a lien on the property. Payment plans shall not be allowed if payment of the sewer SDC becomes mandatory in accordance with subsection (C)(1) of this section. (Ord. 1702 § 4, 2023; Ord. 588 § 15, 1987).

13.04.050 Shutoffs.

The city of Bonney Lake water department may shut off the water supply at any time without notice for repairs or for any other necessary reason. (Ord. 588 § 8, 1987).

13.04.060 Water shortage emergency.

A. The mayor or his designee may declare a water shortage emergency. Upon such a declaration, the public works director may take such steps as may be necessary to conserve water for basic household and domestic uses. Basic household and domestic uses shall not include lawn and garden watering.

B. The mayor or his designee may direct the public works director to take one of the following steps:

1. Direct water customers that lawn and garden sprinkling be done only on designated days and/or times;

2. Direct water customers to cease all outside use of water from the city system;

3. Direct that each water customer be allowed a certain number of gallons of water per specified time period, the number of gallons and time period to be determined by the mayor or his designee.

C. Notice of the emergency regulation shall be published in the official city newspaper at the earliest publication available and shall thereafter be published weekly during the emergency period. Notice of the regulations may also be delivered to each water customer by the best means available. However, lack of said personal notice shall not relieve a water customer from the duty to abide by the emergency regulation.

D. Any water customer found in violation of the emergency water regulations shall be subject to the following penalties:

1. Disconnection from water service. A $50.00 reconnection fee shall be charged and paid in advance before service is restored.

2. For a second violation during any one emergency period a customer’s water service shall be disconnected for the balance of the emergency period, and a reconnection fee of $50.00 shall be charged and paid in advance.

3. In addition to the above penalties any customer in violation of a gallonage regulation as imposed under subsection (B)(3) of this section shall be charged $0.01 per gallon for the water used over and above his allotment. The customer’s water meter shall be conclusive evidence of the amount of water used.

E. The mayor may, at his discretion, direct that the public works director, declare a termination of the water shortage emergency. The declaration shall be published in the city’s official newspaper and the public works director shall contact as many news agencies as possible regarding the termination. (Ord. 588 § 4, 1987).

Article II. Rates and Charges

13.04.070 Water service applications and connection charges.

A. All applications for water service shall be made by the property owner or authorized agent. The records of the Pierce County auditor shall be prima facie proof of property ownership. The applicant shall furnish the city such information as may be required on the city’s application form. The applicant shall agree to conform to the rules and regulations for the operation of the city’s water system. Applications for water service shall expire in 180 days if no water permit has been issued. A 180-day extension may be granted for justifiable cause, including but not limited to extension of the related building permit application for 180 days.

B. No connection shall be made to the city’s water system without a water permit having been issued. The water permit shall expire if connection to the city’s water system is not made within 180 days of issuance. A 180-day extension may be granted for justifiable cause, including but not limited to extension of the related building permit for 180 days.

C. Water Taps. The city reserves the right to regulate the size of water taps. Taps will be made only by a Bonney Lake water crew or a licensed contractor for an approved water extension.

D. Water Service Connection Charges. Charges to connect to the city water system shall be due and payable upon issuance of a permit for connection to the city water utility and shall be charged at the rate in effect at the time of application for water service pursuant to this chapter. Rates shall include the following components:

1. Installation Charge. Effective January 1, 2014, the following installation charges shall apply in all cases where distance from the water main to the meter location does not exceed 60 feet. In such cases where the distance is over 60 feet there shall be an additional charge, based on cost of labor and materials.

Meter Size

Installation Charge Only

Installation Charge and Service Line

5/8"

$285

$3,127

3/4"

$333

$3,074

1" with fire sprinkler system

$398

$3,343

1" without fire sprinkler system

$398

$3,343

1-1/2" or larger

Actual time and materials plus indirect costs. If installation involves work underneath the roadway surface, the fee shall be according to the actual time and materials plus 20 percent for indirect costs.

2. System Development Charge (SDC). Effective August 1, 2023, each new connection to the water system shall pay, in addition to the installation charge, a system development charge (SDC) as an equitable buy-in to the system according to the following schedule:

Meter Size

Single-Family

Nonresidential

Irrigation

5/8"

$5,766

$7,749

$4,444

1"

$12,432

$14,416

$11,110

1-1/2"

$23,543

$25,526

$22,221

2"

$36,875

$38,858

$35,553

3"

$72,428

$74,411

$71,106

4"

$112,425

$114,409

$111,103

6"

$223,529

$225,512

$222,207

8"

$356,853

$358,836

$355,531

a. Single-Family Connections With Fire Sprinkler Systems. Single-family connections that have been upsized to accommodate a fire sprinkler system will be assessed an SDC based on the size of the connection that would have been required in the absence of the fire sprinkler system. For example, a single-family connection requiring upsizing from a five-eighths-inch meter to a one-inch meter to accommodate a fire sprinkler system would be charged the SDC for a five-eighths-inch meter.

b. Two-Living-Unit Residential Homes. Duplexes and townhouse-style building units shall have a separate water meter and service for each living unit and be charged the SDC applicable to a five-eighths-inch single-family connection for each unit.

c. Accessory Dwelling Units (ADUs). ADUs will be charged an SDC only if an additional meter is required. If a second meter is required for the ADU, 77 percent of the SDC applicable to a five-eighths-inch single-family connection will be charged. If an existing meter is replaced with a larger meter, the difference in the current SDCs for the two meter sizes will be charged. If an ADU is platted, sold independently, or otherwise segregated from the property, and no SDC had been paid for the ADU, a new water meter will be required and the owner of the ADU shall pay the SDC applicable at the time of sale or segregation. If a reduced SDC was paid for a second or larger meter and/or connection for the ADU, the owner of the ADU shall pay the difference between that reduced charge and the SDC applicable at the time of segregation. In such cases, a new water meter may be required.

d. Multifamily, Mobile Home Parks, and Recreational Vehicle Parks. Multifamily, mobile home parks, and recreational vehicle (RV) parks shall be charged 77 percent of the SDC applicable to a five-eighths-inch single-family connection for each living unit/space/stall. There shall be only one water meter installed for each building housing multiple residential units.

e. Alternative Assignment of Residential Equivalents (REs). To ensure that all new connections pay for an equitable share of system costs based on their demands and service characteristics, the city reserves the right to determine an alternative assignment of REs to connections that are one and one-half inches or larger. When applicable, this assignment shall be determined by converting the estimated water usage of the connection to REs.

f. Property Owner’s Responsibility. Property owners are responsible for all leaks or damage due to leaks from privately installed and owned water lines. The property owner shall install and maintain at his own expense all water service from the water meter to the place of use. (Ord. 1711 § 1, 2023; Ord. 1517 § 1, 2015; Ord. 1477 § 1, 2014; Ord. 1465 §§ 1, 2, 2013; Ord. 1356 § 1, 2010; Ord. 1276 § 1, 2008; Ord. 1221 § 2, 2007; Ord. 1220 § 1, 2007; Ord. 1192 § 1, 2006; Ord. 1100 § 1, 2005; Ord. 1094 § 1, 2005; Ord. 1083 § 1, 2004; Ord. 1073 § 1, 2004; Ord. 968 § 1, 2002; Ord. 919 § 1, 2001; Ord. 828 § 2, 1999; Ord. 763 § 1, 1998; Ord. 692A §§ 1, 2, 1994; Ord. 692 § 2, 1994; Ord. 588 § 5, 1987).

13.04.080 Water bills – Payment and collection.

A. Inasmuch as the city provides year-round facilities for supplying water and collecting wastewater and factors a continuous rate base into its rate calculations, all users will be billed on a continuing basis for the water and sewer availability. Availability charges shall continue during periods of non-use, including periods during which the water service has been terminated due to delinquency or when a structure is unoccupied.

B. Billing will be done on a monthly basis for the water availability portion of the charge. Meters will be read bimonthly and water consumption billed thereafter.

C. Charges for utility services shall be due and payable on or before the tenth day following the date of billing. Amounts unpaid shall become delinquent 30 days after the billing date. A monthly penalty of two percent of the outstanding balance shall be charged to all accounts which have been delinquent for 30 days or more.

D. The city is authorized to discontinue the water service 30 days after the date of delinquency. The person responsible for payment of charges shall be notified by mail on or after 15 working days from the date of delinquency of a selected shutoff date. In order to have a disconnected service turned on, all charges plus the turn-on fee of $100.00 must be paid.

E. The city shall mail all utility bills to the property owner. The owner of the premises to which the water service is attached shall be responsible for the payment of all connections, shutoffs, turn-on, service charges and liens. Utility billings for any property occupied by someone other than the owner shall be billed to the owner. Upon the written request of the owner, a copy of the bill may be sent to a tenant; provided, however, even upon such written request being made, the owner shall remain responsible for the payment of all charges under this chapter. Failure to receive mail will not be recognized as a valid excuse for failure to pay bills when due.

F. The city is authorized to establish payment plans for delinquent water customers meeting standard city guidelines for financial hardship. Such guidelines may be adopted and revised from time to time by the finance director. Where such plans take the form of a written agreement, such agreements shall either be approved by the council or be in a standard form agreement previously approved by the council for future use. (Ord. 1465 § 3, 2013; Ord. 871 § 1, 2001; Ord. 768 §§ 1, 4, 1998; Ord. 588 § 6, 1987).

13.04.090 Miscellaneous charges.

Repealed by Ord. 1151. (Ord. 826 § 13, 1999; Ord. 662 § 1, 1993; Ord. 588 § 7, 1987).

13.04.091 Utility miscellaneous charges.

A. Turn-On Charge.

1. Whenever utility service has been discontinued by the city for past due or a violation of any other provision of this chapter, the service will not be renewed until all charges plus the turn-on fee have been paid, provided a payment plan has not been established.

2. When it is desired to have the water turned on after it has been turned off for any reason other than past due, a charge in an amount set by the city council shall be assessed for such turn-on during the normal working hours of 8:00 a.m. to 4:00 p.m., Monday through Friday, and for the city’s actual cost for all other hours. There is no charge for turn-off of customer water service.

3. This section shall not apply to disconnected service for violation of water shortage emergency as per BLMC 13.04.060.

B. Meter Testing Charge.

1. Where there is a question of the accuracy of a water meter and the customer requests a check of the meter, the following shall apply:

a. The customer shall pay to the city a deposit in an amount set by the city council to cover the cost of the meter testing. If the meter reads correctly, the city shall keep the deposit.

b. If the meter does not function properly, the city will refund the deposit, repair or replace the meter at no expense to the customer and adjust the water consumption charge accordingly and sewer volumetric charge if applicable.

C. Transfer Charge. For any change of property ownership, there is a charge in an amount set by the city council; for a duplicate bill sent to an alternative address, there shall be a setup charge per request in an amount set by the city council. However, the property owner shall be responsible for payment of the utility bill in accordance with this chapter. Any other reading outside the billing cycle will have a charge in an amount set by the city council. Requests for estimated finals will be in writing and a charge in an amount set by the city council per request will be applied to the current owner’s utility account.

D. Disconnection From System – Reconnection Charge.

1. Disconnection from the water system shall occur only in the discretion of the finance director in extraordinary circumstances, such as demolition of a structure with no plans to construct a replacement structure within two years of disconnection. Disconnection shall require complete removal of the water meter by authorized city staff. Water billings shall cease during periods of disconnection.

2. A reconnection charge shall be paid to restore water service to any customer who has been disconnected from the system and wishes to reconnect. The reconnection charge will be calculated by taking the difference between the current charges for equitable share of the system for water and sewer, and the charges for equitable share of the system for water and sewer paid by the customer, if any, at the time of original connection; provided, that if the original connection was prior to 2002, the reconnection fee shall be a flat charge as set by the city council. The customer shall also be responsible for paying any charges for establishing a connection to the system.

E. Fire flow and water availability certificate completion charges will be set by the city council.

F. If a lock has been removed from a meter that has been locked off for any reason, a fee, in an amount set by the city council, will be charged in addition to any utility charges due and payable. If the meter or meter setter is damaged by this action, the property owner will be charged for the labor and materials to repair the service.

G. A returned check charge shall be imposed upon any account who, in full or partial payment of a city utility bill, tenders a check which is returned to the city for any reason.

H. All other applicable charges shall be as set by the city council. (Ord. 1674 § 9, 2023; Ord. 1493 § 3, 2014; Ord. 1465 § 5, 2013; Ord. 1151 § 2, 2005).

13.04.100 Water rates.

Effective August 1, 2023, the following rates shall apply:

A. Discount for Senior Citizens and Disabled Persons. Owners of single-family residences who have qualified for real estate property tax exemption through the Pierce County assessor-treasurer’s office on the basis of age and/or disability, and who present proof thereof to the appropriate authority of the city, shall qualify and be entitled to a reduced water rate as may, from time to time, be set by the city council and established as a 50 percent reduction from the water availability charge.

B. Water Rates and Charges. Water rates and charges shall be as set forth below.

Water Availability Charge

Meter Size

Inside City

Outside City

5/8" – 3/4"

$23.71

$36.60

Qualified Senior, 5/8" – 3/4"

See subsection A

See subsection A

1" With Fire Sprinkler System

$23.71

N/A

1" Without Fire Sprinkler System

$47.03

$60.92

1-1/4"

$93.41

$121.41

1-1/2"

$93.41

$121.41

2"

$149.50

$194.12

3"

$280.13

$364.13

4"

$466.59

$606.95

6"

$934.22

$1,183.51

In addition, the consumption charge per 100 cubic feet (CCF), or any part thereof used, shall be as follows:

Single-Family

Inside City

Outside City

0 – 5 CCF per month

$2.28

$3.41

6 – 9 CCF per month

$2.85

$4.27

> 9 CCF per month

$3.41

$5.12

Multifamily

$1.99

$2.98

Commercial

$5.03

$7.55

Irrigation

$5.07

$7.60

C. Multiple Residential Units.

1. The water availability charge for a connection serving multiple (three or more) residential units shall be the availability charge set forth above, multiplied by the number of dwelling units connected to the meter, as follows:

a. Each duplex unit as defined in BLMC 13.04.030(H) will be billed as though separately connected to the water main, based on five-eighths- or three-quarters-inch meter rates.

b. In the case of apartments/trailer courts having one meter, each unit will be billed as though separately connected to the water main, occupied or not, based on five-eighths- or three-quarters-inch meter rates.

c. In the case of building lots which have been granted a conditional use permit to allow more than one dwelling on one service meter, each dwelling unit will be billed as though separately connected to the water main, based on five-eighths- or three-quarters-inch meter rates.

2. There shall be only one water meter for each building housing more than two residential units.

D. Multiple Commercial and Industrial Buildings. Where all commercial or industrial buildings connected to a single service are used in the same business under single management, billing shall be made as for a single building.

E. Demand Charge.

1. Private fire hydrants, stand pipes, fire sprinkler systems, etc., shall have a monthly charge of $5.51.

2. Special purpose use of water from fire hydrants or stand pipes shall be $18.29 plus $1.83 per 100 cubic feet for all water used inside the city limits and $25.63 plus $2.64 for all water used outside the city limits.

3. Where the water meters are shut off, the monthly charge will be $9.15 within the city limits and $12.62 outside the city limits.

4. Where unusual circumstances prevent a meter reading, water consumption will be estimated at an average of 1,000 cubic feet per month.

F. Leakage – Rate Reduction.

1. In the event that there is a leak in the water service line only (on the property owner’s side of the water meter between the water meter and under the building), after the service line is repaired by the owner and upon written request by the property owner, the city finance department may make an adjustment in the water bill. In the event that there is a water leak that is determined to have been undetectable by the water utility, after the service line is repaired by the owner and upon written request by the property owner, the city finance department may make an adjustment in the water bill. The maintenance of plumbing fixtures inside a structure is the responsibility of the property owner. No leak adjustments shall be made for water leaks due to faulty equipment or any fixtures inside the structure, including leaky toilets, faucets, appliances, water heaters, etc. Leaks associated with exterior water fixtures such as hose bib, water spigot, water feature, pond, fountain, swimming pool or boat lift or other outdoor amenity are not eligible for a leak adjustment.

2. The adjustment shall be two-thirds of that portion of the customer’s water bill determined by calculating the median consumption for the past five years for the same period the leak occurred. The adjustment shall be limited to the period of 120 days of consumptive use prior to the repair of the leak.

3. The city reserves the right to request documentation of the service line repair as a condition of granting a leak adjustment.

4. Should a customer who was granted a leak adjustment request a subsequent leak adjustment within 24 months of the previous adjustment due to an additional line break or leak, documentation, such as a receipt from a plumber, must again be provided to reasonably demonstrate that the leak has been repaired and that the repair is expected to be permanent.

5. No leak adjustments shall be authorized in the following situations:

a. The leak was caused by a third party from whom the customer is able to recover their costs. Examples include, but are not limited to, theft, vandalism, negligence and construction damage, unoccupied or vacant properties.

b. The meter at said property has been accessed, tampered with, or turned on/off by anyone other than a city of Bonney Lake employee and that action results in loss of water.

c. The leaky line is subject to a valid warranty.

d. The current property occupant has already been granted two leak adjustments in the previous five years from the date of the current leak adjustment request.

6. To be eligible for leak adjustments related to irrigation systems, the following criteria must be met:

a. The irrigation system must have an approved backflow assembly device installed in order to prevent possible contamination of the municipal drinking water system per Department of Health guidelines (see also WAC 51-56-0600).

b. The backflow assembly for the irrigation system must be an approved device that has been tested after installation and annually thereafter by a certified backflow assembly tester (BAT) registered in the state of Washington. The device and test reports must be current and on file with the city.

c. The leak was not in any fixture, sprinkler heads, or valves within the irrigation system.

d. If the irrigation system is not in compliance with this section, it is considered an illegal connection to the water system, it will not qualify for a leak adjustment, and must be disconnected from the system.

G. Irrigation Meters.

1. New multifamily (three or more units) and nonresidential connections shall be required to install a separate meter for irrigation use, effective January 1, 2005.

2. Existing multifamily (three or more units) and nonresidential connections shall be required to install a separate meter for irrigation use no later than January 1, 2007.

3. There shall be no availability charge applicable to irrigation meters. Irrigation usage shall be charged at the commodity charges specified in subsection B of this section. (Ord. 1708 § 1, 2023; Ord. 1696 § 1, 2023; Ord. 1678 § 2, 2022; Ord. 1576 § 1, 2017; Ord. 1541 § 1, 2016; Ord. 1476 § 1, 2014; Ord. 1465 § 4, 2013; Ord. 1429 § 1, 2012; Ord. 1374 § 2, 2010; Ord. 1356 § 2, 2010; Ord. 1277 § 1, 2008; Ord. 1129 § 2, 2005; Ord. 1101 § 1, 2005; Ord. 1046 § 1, 2004; Ord. 907 § 1, 2002; Ord. 828 § 3, 1999; Ord. 763 § 2, 1998; Ord. 692A § 3, 1994; Ord. 588 § 9, 1987).

13.04.105 Annual rate adjustment.

Effective January 1st of each year, beginning on August 1, 2023, through January 1, 2028, the water rates listed in BLMC 13.04.100 shall be adjusted upwards by three percent each year.

Effective January 1st of each year, beginning on January 1, 2029, the water rates listed in BLMC 13.04.100 shall be adjusted by the annual change in the most recent Seattle Area Consumer Price Index (Urban Consumers) published by the U.S. Department of Labor. In cases where the Consumer Price Index value decreases from the prior year, the water rates shall be held at the current level and not reduced. (Ord. 1708 § 3, 2023; Ord. 1606 § 1, 2018; Ord. 1277 § 2, 2008; Ord. 692 § 4, 1994).

Article III. Regulations

13.04.110 General regulations.

A. All ordinances and water regulations shall be effective in the city and the water service area.

B. All water connections shall be metered.

C. Where more than one water connection supplies a single property, the consumption of water measured by each meter shall be computed and billed separately.

D. Unless otherwise stated in this chapter, each and every occupancy or use shall be served by a separate connection and shall be billed separately.

E. No new application for water connection will be honored until a septic tank permit or a sewer connection permit has been procured from the Pierce County health department or the city.

F. New water connections will be charged the minimum water availability charge beginning on the date of installation. All connections will be billed continuously for the availability charge during periods of nonuse, including periods during which the water service has been terminated due to delinquency or when a structure is unoccupied.

G. All water connections and all charges connected therewith are the responsibility of the owner of the property served.

H. Every water customer within the city limits shall establish and keep current an account for garbage service as per Chapter 8.04 BLMC and its amendments. Sewer, stormwater, and water charges will be billed together. Any delinquency in stormwater or sewer bills shall be deemed a delinquency as to water service.

I. All water taken or appropriated for use within the city shall be taken or appropriated from the municipal water supply of the city, pursuant to appropriate connections thereto in conformity with the ordinances of the city.

J. All buildings or structures within the city, designed, intended or actually used for human occupancy, shall contain such plumbing as may be required by the appropriate provisions of the building code of the city, and shall be connected to the aforesaid municipal water utility of the city.

K. At such time as a property owner connects to city water service, through either development, new construction or when a property owner with a well chooses to connect to public water, the well must either be abandoned or deeded to the city.

L. Any property used or occupied in violation of the provisions of this chapter shall be brought into conformity with the provisions hereof within 90 days of the effective date of the ordinance codified in this chapter. (Ord. 1477 § 2, 2014; Ord. 1465 § 6, 2013; Ord. 1356 § 3, 2010; Ord. 1230 § 20, 2007; Ord. 892 § 1, 2001; Ord. 588 § 3, 1987).

13.04.120 Water meters.

A. All meters provided and installed on water service connections shall be and remain the property of the city and shall be removed only by the city.

B. The city will maintain and repair all domestic and commercial services to and including the meter when rendered unserviceable by ordinary use and will replace meters periodically when necessary.

C. Where replacements, repairs or adjustments to any meter are made necessary by improvements to the premises or by the willful act, neglect or carelessness of the owner or occupant of the premises served, all expenses of such replacement, repairs or adjustments incurred by the city shall be borne by the water customer.

D. All meters must be kept free of obstructions, including but not limited to trees and other vegetation, earth, rock, parked vehicles, yard art, landscaping materials, garbage cans, fences, or other stationary objects. Rockery walls and retaining walls must be constructed in such a manner as to maintain free access to the meter. Failure to keep a meter free of obstructions shall constitute damage to the public right-of-way and is addressed under the provisions of Chapter 12.22 BLMC; provided, however, that the property owner may be directed to remove an obstruction immediately. Repeat violations of this subsection, and refusals to move a stationary obstruction (such as a garbage can) at the request of an authorized city employee, shall constitute a misdemeanor, punishable by a maximum of a $1,000 fine and 90 days in jail.

E. All new single-family houses and each living unit in a new duplex shall have a one-inch water meter and one-and-one-half-inch water service line from the meter to the living unit installed. (Ord. 1686 § 4, 2023; Ord. 1356 § 4, 2010; Ord. 1346 § 1, 2010; Ord. 588 § 10, 1987).

13.04.130 Tampering.

Repealed by Ord. 1151. (Ord. 588 § 11, 1987).

13.04.131 Defrauding a public utility – Statutes adopted by reference.

RCW 9A.61.010, 9A.61.050, 9A.61.060 and 9A.61.070 are hereby adopted by reference. (Ord. 1151 § 4, 2005).

13.04.140 Special use of water.

A. Contractors, land developers and similar users shall be charged for water use at commercial rates as provided in BLMC 13.04.100.

B. Users desiring to install additional fire protection systems, auxiliary hydrants, etc., within their property will be subject to such additional expense as may be required by the city in the case of such installations. The cost of these installations, including a detector-check meter will be borne by the user desiring this type of protection. (Ord. 588 § 12, 1987).

13.04.150 Water system extension.

A. If a developer or other person desires to extend the water system he may do so under contract with the city and at his own expense; provided, he can comply with all the standards and conditions and other requirements of the city.

B. All developers shall furnish the city complete plans, cost estimates and specifications for the proposed extension of water service. Inspection of the construction will be by the city public works director or his designee, the cost of which shall be paid by the developer. The developer may consult the city public works director, prior to designing a water system in order to expedite such design. The public works director may determine that the city will contract directly with a consultant for a review of the developer’s extension or installation plans and may bill the cost of such consultant to the developer. The public works director shall advise the applicant of the estimated costs of the inspection and review prior to the incurring of those costs; the applicant shall post bond, or otherwise ensure payment of such costs.

C. The city reserves the right to approve or reject any developer’s extension or installation. All materials shall be new and bills of materials and evidence of payment of all bills and other necessary data will be required prior to the acceptance of the new water system extensions. Prior to acceptance by the city the developer must convey the extension to the city together with all necessary easements before actual connection.

D. All persons or local improvement districts desiring to extend water mains in the water service area must do so under the supervision of, and as directed by the public works director. All such extensions must be carried across the full width of the property being served except in those cases, where, in the opinion of the public works director, the utility involved can never, under any circumstances, be extended beyond the property being served.

E. Where a water main is extended along a street at the expense of the property owner or owners on the portion of the street only, or where such a line is extended through property not to be currently served and not contributing to the cost of the line, the person or persons paying said costs may be reimbursed by the noncontributing property owners at the time these owners connect to the water main, as per the provisions of RCW 35.91.020.

F. Service to properties that are not on a water main and can only be serviced by a long extended service line is not allowed. (Ord. 588A § 1, 1994; Ord. 588 § 13, 1987).

13.04.160 Use of hydrants.

A. It is unlawful for any person other than properly authorized employees of the city or Pierce County Fire Protection District No. 22 to operate fire hydrants and hose outlets unless arrangements have been made with the city for payment for such water and written permission has been granted by the fire chief of Pierce County Fire Protection District No. 22.

B. When it is deemed necessary, the city will furnish an inspector to operate a fire hydrant or hose connection to avoid damage and to obtain the necessary information for computing the volume of water consumed. Water supplied, together with the expense for the services of the inspector and equipment furnished, will be charged at the city’s cost. (Ord. 851 § 12, 2000; Ord. 588 § 14, 1987).

Article IV. Water Service Cross-Connections

13.04.170 Inspection and right of access.

Authorized employees of the city water system with proper identification shall have free access at reasonable hours of the day, to all parts of a premises or within buildings to which water is supplied. Water service may be refused or terminated to any premises for failure to allow necessary inspections. (Ord. 577 § 5, 1986).

13.04.180 Responsibility of customer.

Water service to any premises shall be contingent upon the customer providing cross-connection control in a manner approved by the city water system. (Ord. 577 § 3, 1986).

13.04.190 Prohibited.

The installation or maintenance of any cross-connection which would endanger the water supply of the city water system is prohibited. Any such cross-connection now existing or hereafter installed is declared unlawful and shall be adapted immediately. (Ord. 577 § 1, 1986).

13.04.200 Citation of specific standards.

The control or elimination of cross-connections shall be in accordance with WAC 248-54-275. The policies, procedures and criteria for determining appropriate levels of protection shall be in accordance with the Accepted Procedures and Practice in Cross Connection Control Manual-Pacific Northwest Section-American Waterworks Association, Third Edition, or any superseding edition. (Ord. 577 § 2, 1986).

13.04.210 Backflow devices.

Backflow devices required to be installed shall be a model approved by the State Department of Social and Health Services. (Ord. 577 § 4, 1986).

Article V. Enforcement

13.04.220 Violation – Penalty.

Any person, firm or corporation willfully violating any of the provisions of Articles I, II and III of this chapter is guilty of a misdemeanor. Said person, firm or corporation shall also be subject to the provisions of RCW 80.28.240 providing for civil damages. (Ord. 588 § 16, 1987).