Chapter 13.04 WATER AND SEWER SERVICE RULES AND REGULATIONS

A. All structures located within the city limits utilized for human habitation or in which any plumbing apparatus is installed shall be connected to the city water and sewer system; provided, however, the city superintendent may waive the requirement of connecting to the city sewer system if:

1. The distance between the city sewer service line and any boundary of the premises on which the structure to be served by plumbing is greater than two hundred feet; or

2. The city superintendent determines, in his discretion, that subject to review by the city council of such discretion, that the expense of constructing an extension to the city sewer service line to serve the premises would be an unreasonable burden.

B. Nothing in this chapter shall effect the requirements of any local, county, state or federal law for sanitary sewage disposal systems, such as septic tanks, and any landowner who is unable to connect to the city sewer system must abide by such laws with respect to alternative sewage disposal systems.

C. Notwithstanding the above provisions of this section and the remaining provisions of this code, the drilling of wells for domestic water use for the single-family residential use of lots legally platted as of the effective date of the ordinance enacting this subsection and located within Lots 42 and 43 of the Griggs Railroad Addition, in Brewster, Okanogan County, Washington, shall be permitted. (Ord. 699 § 1, 2000; Ord. 491 § 2, 1988)

13.04.010 Connections.

The connection for water/sewer service shall be made at the landowner’s property line at a point designated by the city superintendent. All connections to the city sewer and water system shall be made in a permanent, sanitary manner by either the city’s public works department or by a licensed contractor approved and subject to the supervision of the city superintendent. Sewer and water lines located on the landowner’s property shall be installed and maintained by the landowner. (Ord. 491 § 3, 1988)

13.04.015 Backflow valves.

The city superintendent may require, as a precondition to making a connection to city utilities, the installation of a “backflow valve” which is defined as a valve inserted in the water or sewer line which prevents a liquid from flowing in more than one direction. (Ord. 491 § 4, 1988)

13.04.020 Connection applications.

A. All applications for connections to the city water/sewer system must be made at the city hall. The fee for water/sewer connections shall be established annually by resolution of the city council. The base fee for water/sewer connection established by the city council shall be deposited with the city clerk prior to the construction of the connection and pursuant to Section 13.04.025, the city may require an additional deposit in the event the connection requires significant improvements to the city utilities system. The applicant shall pay any assessment for labor and materials established by the city council once the connection is made and prior to the use of city utility services.

B. After the connection is made, the applicant must pay in advance for one month’s water/sewer service, based on the minimum rate before the city will provide water/ sewer service.

C. Following connection to the city water and/or sewer systems, in the event the connection is terminated at any time for any reason, the owner of the property (“the customer”) connected to the system(s) shall pay fees for the continued availability of the system service(s) in such amount(s) as are established and may be amended by resolution of the city council. The purpose of these fees is to pay for a portion of the city costs associated with maintaining the system lines and system capacity committed to use by the property until reconnection of services occurs. (Ord. 736 § 1, 2002; Ord. 579 § 1, 1994: Ord. 491 § 5, 1988)

13.04.025 Cost of extension of city services.

The following provisions shall govern extensions of the city’s water and sewer system and substantial development requiring modifications to the existing system:

A. In the event an application for city utilities is made and the city service connection requires significant extension of the city sewer/water service lines, the applicant shall be given a written estimate by the city superintendent of the cost thereof. The applicant must deposit with the city clerk at least fifty percent of the estimated cost of construction for extending service before the city will commence construction. The applicant shall bear the entire cost of extending city service to the property, unless the city enters into a cost share agreement. Cost share agreements may be entered into by any number of applicants and the city. The city council shall afford the applicant a heating on the request for cost sharing and the council shall consider among other relevant factors, the following:

1. The type of development, whether industrial, commercial retail, residential or other;

2. The probability that future development will be benefited by the extension;

3. The economic resources available to the city and the effect of contribution on the city budget and current finances;

4. The availability and feasibility of creating a separate taxing district under RCW 35.43 or any other authority therefor;

5. The location of prospective improvements and their integration into the city’s utility system.

B. The city council and the city planning agency shall consider the cost of improving the city utilities system to serve the needs of any party making application for a building permit, subdivision or short plat. The city superintendent shall report to the city council and city planning agency whenever any such application is made and advise as to the effect on the city utilities system. (Ord. 926 § 2 (part), 2020; Ord. 491 § 6, 1988)

13.04.030 Water meters.

Each water service connection shall be metered. Water meters shall be installed and maintained by the city and within the city’s exclusive control. A separate meter shall be required for each residential dwelling unit or business premises, provided, however, the following multi-use structures may be served by a single meter:

A. Apartment complexes under common ownership;

B. Motels and hotels under common ownership;

C. Business premises with two or more separate business proprietorships, enterprises, organizations or activities being conducted on the premises, provided, however, that each business operator have access to common restroom facilities;

D. Mobile home parks. (Ord. 491 § 7, 1988)

13.04.035 Defective meters.

In the event a meter fails to register accurately, the consumer shall be charged at the average monthly consumption for the same month in the previous three years. In the event there is no prior water use experience, then the city superintendent shall establish the charge based on the water usage of similar sized premises for the same month. In the event a meter is damaged due to the fault or negligence of the landowner, occupant or agent of either the landowner or occupant, the city shall repair the meter and the cost thereof shall be added to the following billing statement for utility service. (Ord. 491 § 8, 1988)

13.04.040 Meter reading.

Each landowner or occupant shall permit unencumbered entry by city employees upon any premises served by city utilities for the purpose of reading and inspecting water meters. It shall be unlawful for a landowner to do or permit any of the following conditions to exist:

A. Any obstruction which prevents meter reading;

B. Any dog or dangerous animal which may threaten city personnel;

C. Any dangerous or unsanitary condition which impedes meter reading. (Ord. 491 § 9, 1988)

13.04.045 Prevention of freezing.

During any period of sub-freezing temperatures, the owner or occupant of the premises shall cause a constant flow of water through the meter at a rate sufficient to prevent freezing of the metering apparatus, valves and pipes serving the premises. One method declared to be approved for avoidance of freezing is to open the cold water valve in a kitchen or bathroom sink so as to create the requisite flow of water through the metering apparatus. In the event of freezing of pipes, valves, meters or other city utility apparatus resulting from the failure of the user to comply with this section, the utilities user shall be responsible for the cost of thawing, replacing or repairing any component of the water service apparatus and the cost of such service shall be established by resolution of the city council. The city shall cause the amount thereof to be included in the next following billing statement for city utilities and such amount shall constitute a lien against the premises in accordance with RCW 35.21.290 as presently enacted or hereafter amended and may be grounds for termination of the water service in accordance with RCW 35.21.300 as presently enacted or hereafter amended. (Ord. 579 § 2, 1994: Ord. 491 § 10, 1988)

13.04.050 Limitations on service.

Water and sewer service is limited to the type of use for which the rate payer is billed by the city. It shall be unlawful for a landowner or occupant to provide water or sewer service to any other premises than those premises for which water and sewer service is billed by the city. It shall also be unlawful for a landowner or occupant to expand or increase use of city services on the premises without giving written notice to the city clerk or city superintendent of such expanded or additional use of such city utilities. Without limiting the broad application of the foregoing, the following are expressly declared to be unlawful:

A. The installation, construction or use of any hose, pipe or conduit to provide water from the premises metered for city utilities to a premises not metered for city utilities or at which water service has been terminated;

B. The conduct of any substantial business enterprise upon premises served by city water and billed at residential rates;

C. The use of metered business premises for residential premises when such premises are billed solely for such business utility use. (Ord. 491 § 12, 1988)

13.04.055 Reservation of powers.

The city declares its reservation of the following powers:

A. To terminate water service, without notice, for the purpose of effecting repairs, extensions, maintenance, inspections or for any other purpose consistent with the operation of the water system;

B. To terminate water service for nonpayment of user fees consistent with RCW 35.21.290 and 35.21.300 as they are presently enacted or hereafter amended;

C. To enter upon private property for the purpose of maintaining, repairing or inspecting the apparatus utilized in the provision of water and sewer service or for the purpose of enforcing any law relating to water or sewer service; and

D. To exercise all powers consistent with and in the furtherance of the operation of the municipal water and sewer system, and in compliance with state law. (Ord. 579 § 3, 1994: Ord. 491 § 13, 1988)

13.04.060 Rates.

Water and sewer system rates shall be as established from time to time by the city council by resolution. (Ord. 906 § 1, 2018: Ord. 579 § 4, 1994: Ord. 491 § 14, 1988)

13.04.062 Residential rates for low income seniors and disabled customers.

A. Special Residential Rates—Low Income Senior Citizens and Low Income Disabled Citizens—Homeowners. There shall be a discount applied to the monthly charges for water and sewer services provided to residential customers qualifying as low income senior citizens or low income disabled citizens pursuant to this section.

B. Special Residential Rates—Discounts for Low Income Senior Citizens and Low Income Disabled Citizens. The discounted rates to eligible low income senior citizen and low income disabled citizen customers shall be as follows:

Service	Discount
Basic monthly charge for water service	50%
Basic monthly charge for water service—outside the city limits	50%
Basic monthly charge for sewer service	50%
Basic monthly charge for sewer service—outside the city limits	50%

C. Special Residential Rates—Qualification as Low Income Senior Citizen or Low Income Disabled Citizen Customer.

1. The special residential rate for low income senior citizens or low income disabled persons specified in this section shall be available to each person who shows satisfactory proof to the city clerk/treasurer, or his or her designee, that he or she:

a. i. Is sixty-two years of age or over; or

ii. Is a citizen who would qualify for special parking privileges under RCW 46.19.010(1)(a) through (f), or is a blind citizen as defined in RCW 74.18.020(4), or is a developmentally disabled citizen as defined in RCW 71A.10.020(5); and

b. Has a maximum annual income of not more than one hundred twenty-five percent of the poverty level guideline established annually by the United States Department of Health and Human Services; and

c. Is the sole occupant or head of the household and resides at a single-family residential property which he or she owns and for which the discount is sought; and

d. Has the city utility account set up to be billed in his or her name.

2. For purposes of this section, the “head of the household” shall be the individual residing at the single-family residential property who has the highest income.

3. All information presented in support of such application shall be verified by the applicant who shall provide such other data as deemed appropriate upon forms and in a manner determined by the city clerk/treasurer or his or her designee.

D. Garbage Services. Those individuals who qualify for the rate reduction for water and sewer as set forth in this section shall also qualify for the discounted rate established for city garbage service customers by the city contract garbage services provider. (Ord. 906 § 2, 2018)

13.04.065 Billing procedures.

A. Water/sewer service shall be billed on a monthly basis. The payment of water/sewer service shall be the responsibility of the owner of the property for which water/sewer service has been requested. The city shall bill the owner of a property for services requested by a tenant. Payment for city utilities shall be made on or before the eighteenth day of the month following the date on which bills are mailed. It shall be the responsibility of the owner to notify the city in writing of any address changes.

B. A penalty shall be assessed in an amount established annually by resolution of the city council for failure to pay the full amount billed for water/sewer service on or before the eighteenth day of the month following the billing notice. The owner’s failure to pay the full amount billed on or before the fifth day of the next month following such billing notice shall result in a lien against the premises consistent with RCW 35.21.290 as presently enacted or hereafter amended, and may also result in termination of water service in accordance with RCW 35.21.300 as presently enacted or hereafter amended. (Ord. 746 § 1, 2003: Ord. 641 § 1, 1996: Ord. 579 § 5, 1994: Ord. 491 § 15, 1988)

13.04.070 Termination of service.

A. The city shall mail to the billing address of the utilities user two delinquency notices prior to terminating service for nonpayment and the last of said notices shall be mailed no later than twenty-four hours preceding termination of service. Such notice shall include a statement of the amounts in arrears and advise the owner or occupant that failure to pay the full amount in arrears, together with any penalties, shall result in termination of service. At the time of terminating service, an additional notice of termination, together with the amounts then due, shall be affixed at a conspicuous place on the premises.

B. The city may also terminate service for violation of this chapter by the owner or the occupant. Termination of service for violation of this chapter shall not constitute an election of remedies by the city and the city may proceed to prosecute the owner or occupant for a civil infraction, in addition to such termination. Termination for a violation of this chapter shall be subject to the following procedures:

1. In the event the city superintendent determines that service must be immediately terminated to protect the public health or to prevent imminent damage to persons or property, no notice need be given to the owner or occupant;

2. In all other cases, the owner or occupant shall be given written notice no less than seventy-two hours before the date and time of termination, which notice shall be posted or affixed in a conspicuous place on the premises. Such notice shall include a description of the violation, a description of the curative action necessary to avoid such termination and the date and time on which utility services will be terminated;

3. Any person aggrieved by the termination of service shall be afforded a public hearing before the city council upon written request therefor submitted to the city clerk.

The hearing on the complaint shall be held at the next regularly scheduled council meeting. (Ord. 491 § 16, 1988)

13.04.075 Re-establishment of services.

A. Utility services shall not be re-established until the entire arrearage, together with penalties and turn-on fees are paid in full. Turn-on fees and penalties shall be established annually by resolution of the city council.

B. In the event that services are terminated two or more times within any six-month period, the city clerk shall require a security deposit in an amount to be established annually by resolution of the city council prior to a turn-on of water service. (Ord. 579 § 6, 1994: Ord. 491 § 17, 1988)

13.04.080 Service outside city limits.

No future connections shall be made outside the city limits of Brewster, except in compliance with this section.

A. The city superintendent shall prepare and file with the city clerk a plan for the connection of future city utility users outside the city limits. Such plan shall designate the areas adjoining the city, but outside the city limits, which are eligible for connection to the city water or sewer system. The city superintendent is directed to consider, in his construction of the plan, future development both inside and outside the city limits, the priority of providing adequate utility services to residents within the city limits, type of anticipated uses outside the city limits and the adequacy of the system to provide for those uses. The city superintendent’s plan may limit the type of utility services to be provided out-of-city users, and may restrict connections to certain areas outside the city limits, or eliminate future connections all together. The city superintendent shall review and update the plan on an annual basis.

B. No future utility connection shall be made outside the town limits without first obtaining the certification of the town superintendent that such connection will comply with the aforementioned plan.

C. Prior to making the connection outside the city limits, the owner and/or occupant of the premises to be served by town utilities shall execute and deliver to the town the following instrument:

OUTSIDE UTILITY AGREEMENT

THE UNDERSIGNED, being the owners and/or occupants of the following described property within Okanogan County, Washington, to-wit: has (have) applied to the City of Brewster, Washington, for city domestic water and/or sewer service for said property, and in consideration of the furnishing of such services, the undersigned does hereby promise and agree as follows:

1) The undersigned will pay, when due, to the City of Brewster, all connection charges, service charges, future local improvement district charges, if any, and any and all other charges and fees required by law to be paid for the service hereby applied for.

2) The undersigned promises (promise) and agrees (agree) to execute and deliver all notices, petitions and any other documents requested at any time by the City of Brewster leading to the annexation to the City of Brewster of the property effected by this agreement, and will actively promote and participate in any such annexation proceedings; and that the undersigned will not protest the future formation of any local improvement district for domestic water and/or sewer for any district which includes the property affected by this agreement.

3) The undersigned further agrees to perform and otherwise comply with all ordinances, resolutions, regulations, requirements, restrictions and laws governing such utility service and, without limiting the foregoing, to be bound by and subject to the water/sewer ordinances of Brewster, Washington, particularly with respect to the assessment of penalties for violation thereof.

4) The undersigned acknowledges the provision of water/sewer service to the premises is limited to the current use applied for by the undersigned applicant. No expansion of such use shall be made by the undersigned or the successors of the undersigned, without the express, written approval of the City of Brewster. The future subdivision, segregation, development or sale of the property shall not create a right to additional or expanded city utility services.

5) This agreement shall be binding upon all successors in title to the aforementioned premises and shall constitute a covenant running with the land.

Dated this ___ day of _______, 20__.

	___________________
	Applicant
	___________________
	Applicant

STATE OF WASHINGTON	)
	) SS
COUNTY OF OKANOGAN	)

On this day personally appeared before me ____ to me known to be the individual(s) in and who executed the within and foregoing instrument and acknowledged that he/she/they signed the same as his/her/their free and voluntary act and deed for the uses and purposes therein mentioned.

GIVEN under my hand and official seal this day of ___ 20__.

_____________________________

Notary Public in and for the State of Washington residing at ___________________.

D. Until such time as the town superintendent shall prepare and file with the town clerk his plan for connection of town utility users outside the town limits, subsection A of this section, any applications for connections outside the town limits shall be referred to the town council for approval. (Ord. 491 § 18, 1988)

13.04.082 Limited exception—Water service outside city limits.

The provisions of Section 13.04.080 of the Brewster Municipal Code requiring annexation to the city shall not apply to applications for the extension of city water services outside of the city limits if all of the following conditions are present and satisfied:

A. The applicant for extension of the city water utility services is a current in-city nonresidential use city water utility customer.

B. The presently served property of the applicant is contiguous to the proposed area to be served by city water services outside of the city limits.

C. The proposed area to be served is contiguous to the city limits of the city.

D. The applicant executes an agreement in a form approved by the city council, agreeing to limit total water consumption on both the in-city and outside the city properties to no more than the average annual level of water consumption used by the applicant on the property currently served by the city water system inside the city.

E. The nonresidential use of the outside the city property is an agricultural-based industrial operation that produces waste water that if discharged directly into the city sewer system may result in a significant impact to the city sewage treatment plant and, as a result, the city public works director has made a determination that it would be in the best interests of the city to not connect this discharge to the city sewer system.

F. The applicant elects to treat its agricultural-based industrial operation waste water on site and not pay for the impact and improvement upgrades that may be needed at the city sewage treatment plant in order for the city to accept the discharge of the agricultural waste water generated outside the city. (Ord. 813 § 1, 2009)

13.04.085 Rate changes.

The rates for utility services, sewer and water connections, amount of penalties, late charges or any other fee, assessment or charge called for under this chapter may be established and/or changed by council resolution at any time hereafter. The rates for industrial sewer utility service customers, including system development or connection charges, shall be established by written agreement between the customer and the city approved by the city council. (Ord. 918 § 2, 2019: Ord. 887 § 1, 2017: Ord. 491 § 19, 1988)

13.04.087 Leak adjustments, late fees, and deferrals.

A. The city finance director is authorized to make one water leak adjustment for each customer in every calendar year following receipt of sufficient proof of remediation of the situation that caused the water leak to occur. Any request for a water leak adjustment in excess of one in any calendar year must be presented by the customer to the city council at a regular council meeting and may only be granted by the city council if the cause of the water leak is different than the cause of any previous water leak in that calendar year.

B. The city finance director is authorized and directed to permit each customer to be granted one utility billing late fee write-off in every calendar year.

C. The city finance director is authorized to permit city utility customers to defer utility payments for a period of thirty days without being charged a late fee if the city utility customer makes a request in advance of the billing date for city pre-approval of a deferral. Each customer of the city may be granted a deferral by the city finance director up to four times in each calendar year. Each deferral of a utility billing payment shall be for a period no greater than thirty days. (Ord. 917 § 1, 2019)

13.04.090 Liens.

All charges for water and sewer service, connections therefor and other charges authorized by this chapter, together with penalties, shall be a lien upon the property upon which such connection is made or utility service is rendered, superior to all other liens and encumbrances, except those for general taxes and special assessments. Enforcement of such lien or liens shall be in the manner provided by law for the enforcement of the same. (Ord. 491 § 20, 1988)

13.04.095 Violation—Penalty.

A. The following acts or conduct are declared to be a civil infraction:

1. Any violation of Section 13.04.050 of this chapter;

2. Intentional or negligent damage or tampering with town water meter;

3. Any cross-connection. For purposes of this chapter a “cross-connection” shall be defined as any physical arrangement whereby a public water supply is connected, directly or indirectly, with any nonpotable or unapproved water supply system, sewer, drain, conduit, pool, storage reservoir, plumbing fixture or other device which contains, or may contain, contaminated water, liquid, gases, sewage or other waste, of unknown or unsafe quality which may be capable of imparting contamination to the public water supply as a result of backflow. Bypass arrangements, jumper connections, removable sections, swivel or change-over devices and other temporary, permanent or potential connections through which, or because of which, backflow could occur are considered to be cross-connections;

4. The intentional or negligent damaging, tampering or interference with any fire hydrant, stop valve, stopcock, or service pipe;

5. To permit petroleum products, grease, oil, hazardous chemicals, pesticides or any hazardous or noxious substance to enter into the sewer system;

6. To live in or permit the occupancy of any building in the town without the premises being conducted to the sewer system with at least cold running water installed in said premises, or, after water service shall have been terminated for nonpayment of charges therefor, to continue to occupy or suffer the occupancy of such premises;

7. Failure or refusal to comply with directives of the town superintendent relating to the use, operation, construction, repair or condition of water or sewer facilities on the user’s premises.

B. Violation of this section shall constitute a civil infraction, punishable by a penalty not to exceed five hundred dollars. (Ord. 491 § 11, 1988)

ARTICLE II. DISCHARGES

(Repealed by Ord. 887)

ARTICLE III. CROSS-CONNECTION CONTROL AND BACKFLOW PREVENTION ASSEMBLIES

(Repealed by Ord. 686)