Chapter 13.12
APPLICATION FOR SERVICE – FEES

Sections:

13.12.010    Application for installation of service line.

13.12.012    Permit to be obtained for installation of private water service.

13.12.015    Water main permit required.

13.12.020    Installation of meters and connection permit required.

13.12.030    Installation.

13.12.035    Permit to be obtained for fire hydrant inspection.

13.12.040    Installed by customer.

13.12.050    Ownership – Maintenance.

13.12.060    Valves.

13.12.070    Protection from pipe freezing.

13.12.080    Cross-connections.

13.12.081    Cross-connections – Purpose and scope.

13.12.082    Cross-connections – Authority.

13.12.083    Cross-connections – Responsibility.

13.12.084    Cross-connections – Failure to comply – Violations – Penalties.

13.12.085    Cross-connections – Requirements.

13.12.090    Miscellaneous control devices.

13.12.100    Inspections.

13.12.110    Right of access.

13.12.010 Application for installation of service line.

A. A person desiring the installation of a water service line to a building or property shall submit a signed water meter application therefor upon a form provided by the public works department and submit his application as required by LMC 2.44.040. Application and fee must be submitted at least 30 days before the applicant’s requested completion date.

B. The installation of any water service line is dependent on the available water distribution facilities and the utility is not required to have service available in areas not served by the existing water distribution system or where the system is inadequate to handle the increased demand that would result from the applicant’s proposed use. (Ord. 2241 § 5, 1999; Ord. 2076 § 5, 1996; Ord. 780 § 5, 1975; Ord. 416 § 3.01, 1968)

13.12.012 Permit to be obtained for installation of private water service.

A permit application for the installation or repair of a water line between the meter and building shall be submitted to the department of public works for processing as required by LMC 2.44.040. (Ord. 2241 § 6, 1999)

13.12.015 Water main permit required.

New development may necessitate the installation of new water mains. The developer shall apply for a water main permit. The water main permit application shall be submitted to the department of public works for processing as required by LMC 2.44.040. (Ord. 2076 § 6, 1996)

13.12.020 Installation of meters and connection permit required.

A. City Installation. The city may elect to install meters up to two inches in size.

B. Installation by Developer. When it is determined by the director of public works that placement of the service line would best be served by installation by the developer, the developer shall assume the cost of installing such service line.

C. Water Main Connection Permit Required. If it is necessary for a developer to tap into a city-owned main, then a permit for a water main connection shall be submitted to the department of public works for processing as required by LMC 2.44.040. (Ord. 2249 § 3, 1999; Ord. 2241 § 7, 1999; Ord. 1631 § 6, 1988; Ord. 1505 § 1, 1986; Ord. 1222 § 1, 1982; Ord. 1193 § 1, 1981; Ord. 800 § 1, 1975; Ord. 780 § 6, 1975; Ord. 416 § 3.02, 1968)

13.12.030 Installation.

Upon approval of the application by the water utility and payment of the fee and upon installation of meters, the water utility will maintain the connection on the water main in a right-of-way or easement and will maintain the service line from this connection up to and including a stop cock at the point of delivery. The utility may also maintain a water meter at the point of delivery or at a location provided by the customer and satisfactory to the water utility on or within the customer’s premises. When the water meter is installed on private property, the customer will be responsible for installing the appurtenances required for meter installation.

When the city agrees to supply materials for installation, these appurtenances will be delivered by the water utility to the facility or site after payment as set forth in Chapter 3.104 LMC and after the developer pays the cost of such appurtenances. The meter location must be unobstructed and readily accessible, as determined by the water utility. (Ord. 2656 §§ 1, 2, 2006; Ord. 2241 § 8, 1999; Ord. 1631 § 7, 1988; Ord. 780 § 1, 1975; Ord. 416 § 3.03, 1968)

13.12.035 Permit to be obtained for fire hydrant inspection.

A permit application for the inspection of any fire hydrant installation shall be submitted to the department of public works for processing as required by LMC 2.44.040. (Ord. 2241 § 9, 1999)

13.12.040 Installed by customer.

The service line from the point of delivery to the customer’s building shall be installed and maintained by the customer and shall be placed at least 18 inches below ground level or 12 inches below the frost line as set forth in the current adopted Uniform Plumbing Code. (Ord. 1631 § 8, 1988; Ord. 416 § 3.04, 1968)

13.12.050 Ownership – Maintenance.

The water utility only shall install, own, maintain and operate the water service connection from the main to and including the service cock or meter. In cases where a meter may be located a considerable distance from the main for customer or service convenience, the customer shall maintain the service pipe for the entire distance from the normally designated location of the service cock or meter to the point of ultimate water usage or consumption. (Ord. 416 § 3.05, 1968)

13.12.060 Valves.

Consumers shall, at their own expense, install and maintain all pipes, connections and fixtures from the service cock or meter placed by the water utility. Valves and accessories shall be installed as required by the Uniform Plumbing Code. (Ord. 780 § 7, 1975; Ord. 416 § 3.06, 1968)

13.12.070 Protection from pipe freezing.

It shall be the customer’s responsibility to protect from freezing all piping, fixtures and appurtenances on his side of the service cock or meter. Any damage resulting from freezing shall be considered the responsibility of the customer and no adjustment shall be made in the water billing by reason of the freezing. (Ord. 416 § 3.07, 1968)

13.12.080 Cross-connections.

A. The control, including elimination, of cross-connections for all new and existing water service customers shall be in accordance with this section and the city of Lynnwood’s cross-connection control operating policies attached to the ordinance codified in this section and incorporated by reference herein, with subsequent revisions as periodically approved by the public works director. 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.

B. Service from the city’s water supply system to any premises upon which a private water supply system is used or operated contrary to the provisions of this chapter may be discontinued or refused.

C. Furnishing of service shall be contingent upon the customer furnishing a type of connection approved by the appropriate health authority and the director of public works for protecting the city supply from backflow. A cross-connection control permit is required to install such devices. The cross-connection control permit shall be submitted to the department of public works for processing as required by LMC 2.44.040. (Ord. 2727 § 1, 2008; Ord. 2076 § 7, 1996; Ord. 780 § 8, 1975; Ord. 416 § 3.08, 1968)

13.12.081 Cross-connections – Purpose and scope.

This section establishes minimum standards for the city to protect the public potable water supply from possible contamination or pollution due to backflow or backsiphonage from a customer’s private internal system into the public potable water system.

This program is applicable to the city of Lynnwood water system. Other water purveyors within the city are required to develop and administer their individual cross-connection control programs per WAC 246-290-490.

This section and the city of Lynnwood cross-connection control operating policies together establish the cross-connection control program, provide guidelines and requirements for installation, testing, and maintenance of approved backflow assemblies and establish permitting and inspection requirements for existing and new backflow assemblies. All pertinent departments within the city of Lynnwood shall coordinate efforts in administering this policy.

The purpose of this program is not to create or otherwise establish or designate any particular class or group of persons who will or should be especially protected or benefited by the terms of this code. (Ord. 2727 § 2, 2008)

13.12.082 Cross-connections – Authority.

The authority by which the city of Lynnwood administers this cross-connection program is based on and referenced by the following:

A. Federal Safe Drinking Water Act of 1974 (and amendments of 1996).

B. RCW Title 43.

C. WAC 246-290-490.

D. LMC 2.44.080, 3.104.010, 13.12.080, and 13.12.090.

E. City of Lynnwood water system comprehensive plan adopted by resolution in 2006 and as updated.

F. Manual of Cross-Connection Control published by USC Foundation for Cross-Connection Control and Hydraulic Research.

G. Cross-Connection Control Manual, Accepted Procedure and Practice published by the Pacific Northwest Section of the American Water Works Association.

H. Guidance Document: Cross-Connection Control for the Small Water Systems published by Washington State Department of Health (DOH), DOH publication No. 331-234.

I. Current adopted Uniform Plumbing Code published by the International Association of Plumbing and Mechanical Officials. (Ord. 2727 § 3, 2008)

13.12.083 Cross-connections – Responsibility.

A. The public works director shall be responsible for administering the provisions of this section and the city of Lynnwood cross-connection control operating policies. A cross-connection specialist, certified by the Washington State Department of Health, will be on staff and available to implement this policy.

B. If the public works director determines, consistent with the provisions of this section and the operating policies, a backflow preventer is required at any customer’s premises, the director, or designee, shall give notice to the customer to install an approved backflow prevention assembly which isolates the customer’s plumbing system from the city’s distribution system.

C. Installation of requested backflow preventers shall be a condition of continued water service from the city and shall also be a condition of receiving a business license from the city. Service from the city’s water supply system to any premises upon which the potential for backflow into the city system exists shall be subject to corrective action in accordance with this code and the operating policies.

D. Upon installation, the customer shall contact the city requesting inspection of said assembly or assemblies. The customer shall be subject to all applicable inspection and permitting fees as established in the Lynnwood Municipal Code.

E. Upon approval of the installation by the city, the customer shall have the assembly or assemblies tested by a state of Washington certified backflow assembly tester (BAT) and shall submit a copy of the test report to the city in accordance with this code and the operating policies.

F. A cross-connection control permit is required to install such assemblies. The cross-connection control permit shall be submitted to the appropriate city department for processing as required by LMC 2.44.040. (Ord. 2727 § 4, 2008)

13.12.084 Cross-connections – Failure to comply – Violations – Penalties.

A. Notice of Violation and Administrative Order. Any violation of LMC 13.12.080 through 13.12.085 may be enforced pursuant to the provisions of Chapters 1.40 and 1.45 LMC.

B. Suspension of Underlying License or Permit. Any license or permit issued by the city for any activity that causes or results in a violation of this chapter may be suspended by the appropriate city department until the violation is corrected.

C. Injunctive Enforcement. Any violation of the provisions of this chapter is hereby declared to be a public nuisance as defined in LMC 10.08.200 and may be abated through the processes in LMC Title 1, or in proceedings for injunctive or similar relief in superior court or other court of competent jurisdiction.

D. Criminal Penalties. Any person who willfully violates any of the provisions or requirements of this section or the city of Lynnwood cross-connection control operating policies is guilty of a gross misdemeanor and upon said conviction of offense shall be subject to a fine not exceeding the sum of $5,000 and/or one year in jail. Each day that each violation of this chapter continues shall be punishable as a separate offense.

E. Protection of City of Lynnwood Water System, Cessation of Water Service in the Case of a Potential Cross-Connection. Any person who willfully violates any of the provisions or requirements of this section or the city of Lynnwood cross-connection control operating policies shall be subject to discontinuance of supply of city water to the premises where the violation exists, and continue until corrective action has been taken to the satisfaction of the director. Such discontinuance of city water shall be per the following guidelines:

1. Send first notice requesting a current, completed backflow assembly test form(s).

2. If no response is received within 30 days, mail written notice to the person whose name the water service is established in or post written notice on the premises served. This notice shall provide that the cross-connection must be corrected within 30 days of date the notice is mailed or posted on the premises, or the water service shall be discontinued. This notice should also indicate the procedure for the customer to appeal the shut-off.

3. If the cross-connection is not abated within the prescribed time, water service to the said premises may be shut off immediately, or, if the city or its representative determines that service should not be interrupted, the city may hire a contractor to abate the cross-connection as required by the city, including the installation of a backflow prevention assembly. In such event, the city shall bill the property owner for all costs and administration incurred. Ten days after default in payment of such costs, the city shall have the right to claim a lien against the real property and commence foreclosure proceedings pursuant to Chapter 60.04 RCW to collect such amount.

4. In the event that the cross-connection in the opinion of the city, or any of its designated representatives, poses an imminent potential health or system hazard to the public water supply, service from the city water supply to the premises may be terminated without prior notice; provided, however, that notice will be posted on the premises in the manner heretofore provided at the time said service is terminated; provided, further, that the city cross-connection control program manager shall notify the Department of Health when a water service has been shut off.

F. City of Lynnwood Allowed Corrective Action and Back Billing. If any person, firm, or corporation is found to not have an appropriate cross-connection control assembly, and the lack of such assembly is deemed to be an immediate threat to the city of Lynnwood water system, the city may elect to install an appropriate assembly and bill the customer for such work and materials. The installation of assembly and back billing would not prevent the city from utilizing any of the other enforcement measures listed in this section.

G. Right of Appeal. Any person, firm or corporation aggrieved by a final order of the city with respect to this section shall have 14 days to appeal to the hearing examiner, under the provisions of LMC 1.35.200 through 1.35.260. (Ord. 2727 § 5, 2008)

13.12.085 Cross-connections – Requirements.

A. General.

1. Compliance with the provisions of the city of Lynnwood cross-connection control operating policies and this section shall be a condition of receiving the city of Lynnwood water supply and shall also be a condition of receiving a city of Lynnwood business license.

2. It is unlawful for any person to allow any contaminants or pollutants to backflow from the facility and/or property into the city distribution system. It is unlawful to return used water by any customer or install an unprotected bypass around any required backflow assembly. Any connections now existing or hereafter installed that could allow for backflow of any contaminants or pollutants into the city distribution system shall be discontinued and/or eliminated. Connections which cannot be discontinued and/or eliminated shall require the installation of a Washington State Department of Health approved backflow prevention assembly that shall be regularly inspected and tested in accordance with the city of Lynnwood cross-connection control operating policies and this code.

3. When the city requires that the public water supply be protected by premises isolation, the owner shall be responsible for the installation, testing and maintenance of an approved backflow assembly at or as close as possible to the water meter. In addition to premises isolation, the owner is responsible for water quality beyond the outlet end of the premises isolation assembly and should utilize fixture isolation protection for that purpose. Fixture isolation assemblies shall be installed in accordance with the Uniform Plumbing Code. A plumbing permit and inspections shall be required.

4. The city may allow that the public supply be protected by fixture isolation for new or existing customer connections. Such an allowance shall only be permitted so long as the director determines that the level of protection is adequate to protect the city’s distribution system, and until such time as:

a. The property is remodeled or improved and the remodel or improvements meet the scope of the Level 1 improvements as defined in LMC 21.12.400, including subsequent revisions; or

b. The business is sold or leased; and the owner agrees, in writing (unless waived by the city) to:

i. Implement and maintain the fixture isolating backflow protection to the satisfaction of the city; and

ii. Comply with all applicable plumbing codes, including permitting requirements. The owner shall allow their property to be inspected for possible cross-connections.

B. City of Lynnwood.

1. On new installations the city will provide on-site evaluation and/or inspection of plans in order to determine the type of backflow preventer, if any, that will be required.

2. For premises existing prior to the start of this program, the city will perform evaluations and surveys of plans and/or premises and inform the owner by letter of any corrective action deemed necessary, the method of achieving the correction and the time allowed for the correction to be made. Up to 90 days will be allowed; however, this time period may be shortened by the director depending upon the degree of hazard involved and the history of the backflow preventer(s) in question.

3. Premises are subject to inspection on or after the expiration date of required action to correct a cross-connection. Property owners who fail to comply with the city’s request shall receive written notice, via registered mail, that water service to the premises will be terminated within a period not to exceed seven calendar days. In the event the owner informs the city of extenuating circumstances as to why the correction has not been completed, the city may grant a time extension up to but not exceeding 60 days.

4. If the city determines at any time that an imminent serious threat to the public health exists, the water service shall be terminated immediately; provided however, that notice will be posted on the premises affected at the time said service is terminated.

5. Inspection shall be done during the initial installation, during on-site reviews of existing installations and after any relocation.

6. When an initial installation or test identifies a backflow prevention assembly is not properly functioning, the owner shall correct the malfunction and have the assembly inspected and re-tested until the assembly operates correctly.

7. In the case of a backflow incident, the city will immediately initiate the backflow incident response plan as detailed in the cross-connection control operating policies.

C. Owner.

1. The owner shall be responsible for the elimination or protection, by an approved backflow prevention assembly, of all cross-connections on their premises.

2. The owner, after having been informed by a letter from the city, shall, at their expense, install any and all required backflow prevention assemblies.

3. The owner shall, at their expense, be responsible for having all backflow prevention assemblies tested: (a) at the time of installation; (b) annually after installation, or more frequently if tests indicate repeated failures to meet test criteria; and (c) after an assembly is repaired, reinstalled, relocated or an air gap is replumbed or replaced by an approved backflow prevention assembly. The test shall be performed by a state of Washington certified backflow assembly tester (BAT). The results of the tests shall be reported within 30 days to the director on a form provided by or approved by the city.

4. The owner shall, immediately, or no later than 30 days, or otherwise as directed by the director, correct any malfunction of the backflow preventer which is revealed by periodic testing.

5. The owner shall inform the city of any proposed or modified cross-connections and also any existing cross-connections of which the owner has actual knowledge but have not been found by the city.

6. The owner shall install only backflow prevention assemblies approved by the Washington State Department of Health.

7. Any owner having a private well or other private water source shall not cross-connect to the city’s system, and shall install adequate premises isolation backflow prevention at the water meter.

8. The owner shall provide access to premises at the city’s request. In those cases where access is denied, a reduced pressure backflow assembly shall be installed at the service connection. If sewage or radioactive substances are present, an approved air gap shall be required at the service connection. Failure to install the proper backflow prevention assembly shall be grounds for immediate termination of water service.

9. The owner shall be responsible for the payment of all fees for permits, annual or semi-annual assembly testing, re-testing in the case that the assembly fails to operate correctly, and any re-inspection for noncompliance with the city requirements. Permits and fee schedules shall be as specified in the applicable sections of the Lynnwood Municipal Code.

10. The owner is required to report and cooperate in the investigation of a backflow incident. (Ord. 2727 § 6, 2008)

13.12.090 Miscellaneous control devices.

The utility reserves the right to require any customer to install as a condition of water service a pressure-reducing valve, backflow preventative device, pressure relief valve or similar devices at any location where the director of public works determines a need to protect the utility’s facilities. (Ord. 780 § 9, 1975)

13.12.100 Inspections.

The duly authorized and properly identified employees of the utility shall have the right, but shall not be obligated to, inspect the water supply, piping and plumbing at any customer’s premises before or after water service is turned on; service may be refused or discontinued where the piping or plumbing is not in conformance with applicable city ordinances. The inspection, or failure to inspect, or failure to refuse or discontinue service shall not render the city liable or responsible for any loss, damage, or injury resulting from any defects in the piping or plumbing. (Ord. 799 § 2, 1975; Ord. 780 § 1, 1975; Ord. 416 § 3.09, 1968)

13.12.110 Right of access.

The duly authorized and properly identified employees of the utility shall have access to the customer’s premises at all reasonable times for the purposes of inspecting water supply, piping and plumbing; inspecting, testing or repairing water department equipment; and for reading water meters. (Ord. 799 § 3, 1975; Ord. 780 § 1, 1975; Ord. 416 § 3.10, 1968)